380
Restoration of property removed but
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
same, it shall be lawful for the Court, on application verified by affidavit, to authorize the Bailiff to whom the warrant of distress to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize such property as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that it shall be lawful for the Bailiff, without such authority, to follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.
38. If such property or any part thereof so removed or carried away under the circumstances mentioned in sections 36 and 37 has been bonâ fide sold and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the Bailiff distraining or by the Court on application under section 21.
Fraudulent removal of property by tenant.
Power to Police officer to stop removal of furniture.
Protection against irregularity in
39. Every tenant or lessee or person in possession or occupation who fraudulently removes or carries away movable property as aforesaid, and every person who wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanor.
40. It shall be lawful for any Police officer to stop and detain, until due inquiry can be made, all carts, hand carts, and carriages, and all persons, engaged between the hours of eight o'clock in the evening and six o'clock in the morning in removing the furniture of any premises.
41. Where any distress is made for any sum of money to be levied by virtue of this Ordinance, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by section 25.
Exclusion of Crown rents.
42. Nothing in this Ordinance shall be held to apply to rents due to the Crown.
A.D. 188
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