DISTRESS FOR RENT.
No. 1 of 1883.
263
(2) When so verified the Court shall adjudicate thereupon, and make such order between the parties in respect thereof, and of the costs of the proceedings, as it thinks fit.
(3) Such order shall be enforced as if it were an order made in an action brought in the Court.
25.—(1) In any case under section 21 or section 23, the Court may, if a claim has been made therefor at the time of application, and if it appears to the Court that the landlord or bailiff had no reasonable ground for believing that the goods were properly distrainable, award such compensation by way of damages to the applicant or claimant, as the case may be, as the Court thinks fit, and may for that purpose make any inquiry it thinks necessary.
(2) The order of the Court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.
26. The Court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the 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 property shall be sold on the day mentioned in the notice of appraisement and sale hereinbefore referred to, and such sale shall be conducted at such 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 realising 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.
28. Provided that the debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
As amended by No. 62 of 1911.
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