A.D. 1883.]
DISTRESS FOR RENT.
[No. 1.
379
termina-
term or distress nt from
es under he claim eive the e exceed
for rent, r before
writ or
ich per- deliver debtor,
te goods
y apply me and
cation is
oney to
int, pay hereof:
exceeds
amount
varrant,
torneys
: to the
person
(6.) mortgagees for the property mortgaged, if the mortgagee is in possession;
(7.) trustees for the estate over which the trust extends; (8.) lessees against their under-lessees;
(9.) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person; and (10.) married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use.
35. Where a right to distrain accrues to parties jointly interested or
Right of one
of several
together interested in any premises, such as coparceners, joint tenants,
parties
tenants in common, executors, administrators, trustees, guardians, part-
interested
to institute be taken by proceedings.
ners, or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with them for all sums so levied: Provided that if, in any particular case, it appears to the Court or to the Registrar or a Deputy Registrar, to be advisable to do so, the Court, or the Registrar or Deputy Registrar, may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together-interested with him.
36. No property found at the time of distraint in or on any premises
Removal of
as to which an arrear of rent is due shall be removed from such premises
property
without the consent of the person issuing the distress warrant, or by
traint.
direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time such property would have been liable to distraint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the Bailiff, on giving such Bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the distress warrant, whether or not such property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.
37. If the tenant or lessee or person in possession or occupation of
Following of
any premises on which there is an arrear of rent due, recoverable by
liable to
distress, removes or carries away, or causes or permits to be removed or
seizure and
carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the Bailiff from distraining the
property
removed,