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No. 1 of 1883.
DISTRESS FOR RENT.
Case of deserted premises, where no distress left.
PART V.
DESERTED PREMISES.
29.-(1) Where any immovable property is held at a rack rent, or 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 300 dollars, if the tenant is in arrears for 2 months and deserts the demised premises and leaves the same uncultivated or unoccupied, 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 authorising 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 10 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 2 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 applicant in possession of the premises, and the demise shall become void.
Distress for arrears of rent on determination of lease.
Priority of landlord's right over writs, except in Crown suits.
PART VI.
RULES AS TO DISTRESS.
30. Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined; provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.
31. No personal property shall be removed from any premises under any writ from any Court, other than writs in Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for 6 months' rent last due.
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