A.D. 1883.
A.D. 1883.]
the
STRESS.
the owner ime within
the person e facts on he Court to rticle; and such article
ending the
ion of the
rty seized ue thereof,
›lication of ing before irrant, and
ct of such
* of such the plain- service of
declara-
and make e costs of
ade in an
ourt may,
9
and if it
de ground ard such
nt, as the
make any
pensation
oplication
ication to
DISTRESS FOR RENT.
[No. 1.
377
pay the
payment of rent.
person who obtained the warrant, give time to the debtor to rent due from him, on such terms as it may think just and reasonable.
PART IV.
SALE OF DISTRESS,
27.-(1.) In default of any order to the contrary, the distrained pro-perty shall be sold on the day mentioned in the notice of appraisement of distress and sale hereinbefore referred to, and such sale shall be conducted at such a place and time and by such person as the Registrar may direct, whether by an auctioneer or by a Bailiff of the Court.
(2.) The auctioneer or Bailiff shall, on realizing the proceeds, pay over the amount thereof to the Court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
manner of
28. Provided that the debtor may require that the sale shall take place Right of in any other manner than that directed by the Registrar, on giving debtor as to security for any extra costs or loss thereby, or that, in the opinion of sale. the Registrar, may be thereby, occasioned.
PART V.
DESERTED PREMISES.
deserted
premises,
where no
distress left.
29.-(1.) Where any immovable property is held at a rack rent, or Case of where the rent reserved is full three-fourths of the yearly value of the demised premises, and where neither the value of the premises by the year, nor the rent payable in respect of the tenancy by the year, exceeds three hundred dollars, if the tenant is in arrears for two months and deserts the demised premises and leaves the same uncultivated or unoc-cupied, so as no sufficient distress can be had to countervail the arrears of rent, it shall be lawful for the Court, at the request of the lessor or landlord or his agent and on information upon oath, to issue its warrant authorizing any Bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a Bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the Court within ten days, the premises will be given over to the applicant.
(2.) If no such cause is shown, it shall be lawful for the Court, on proof of the fact of desertion, of non-payment of at least two months' rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Ordinance to a distress warrant, to make an order directing a Bailiff to put the appli-cant in possession of the premises, and the demise shall become void.
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