248
Form of power of attorney.
Second Schedule.
Form No. 1.
Form of
affidavit.
*
Second Schedule.
Form No. 2.
Form and issue of warrant.
No. 1 of 1883.
DISTRESS FOR RENT.
9.--(1) A power of attorney to an agent authorised to apply for warrants of distress may be either general or for the particular case, and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance.
(2) Such power may be in Form No. 1 in the Second Schedule or to the like effect.
10. (1) Every application for a warrant shall be supported by an affidavit, which may be according to Form No. 2 in the Second Schedule or to the like effect.
(2) Such affidavit may be sworn in like manner as other affidavits in the court.
11. A warrant according to Form No. 3 in the Second Schedule or to the like effect may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within six days and addressed to any one of the bailiffs of the court.
Form No.3.
Second Schedule.
Refusal of warrant.
Appeal from refusal.
Ordinance
12. The judge or Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13.-(1) If a judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 23 of the Supreme Court Ordinance, 1873.
(2) If the Registrar declines to do so, application may be made to a judge in the first instance. A Deputy Registrar may, however, refer any application to the Registrar.
14. Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.
15. In pursuance of the warrant aforesaid, the bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
* As amended by Law Am. Ord., 1923;