256
Exclusion of
Crown rents. [cf. No. 6 of
1875.]
No. 1 of 1883.
DISTRESS FOR RENT.
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.
42. Nothing in this Ordinance shall be held to apply to rents due to the Crown.
FIRST SCHEDULE.
TABLE OF FEES TO BE LEVIED IN DISTRAINTS FOR RENT.
[s. 6.]
Sum sued for. Affidavit, Warrant to distrain, Order to Commission to sell. Notice, etc. $1 and under $5. .10 $0.25 do 10. .20 0.50 do. 20. .30 1.00 do. 30. .40 1.50 do. 40. 50 2.00 do. 50. .75 2.50 do. 75. 1.00 3.75 do. 100. 2.50 5.00 do. 250. 5.00 $1 for every $20 or part of $20. do. 500. 500 and above.The above scale is intended to include all expenses, except in actions where the tenant disputes the landlord's claim, and witnesses have to be subpoenaed, in which case each subpoena must be paid for at 25 cents; where watchmen are kept in charge of property distrained, 50 cents per day must be paid per man; where property is removed and stored, the necessary expenses, to be fixed by the Registrar, must be paid.
SECOND SCHEDULE.
FORM NO. 1.
Power of attorney to distrain.
[s. 9.]
I [or We], A.B. do hereby authorise C.D. to be my [or our] agent to act for me [or us] in distraining, under the Distress for Rent Ordinance, 1883, for [all] the arrears of rent now due to me [or us] (or to be hereafter due) on property situate in [here describe the property], as to which I am [or we are] entitled to distrain as owner, [or lessee, trustee, guardian, etc.] alone [or together with E.F.] etc.
Dated the day of 19 ,
(Signed.) A.B.
For distraint fees in the New Territories see Hodgson's Regulations of Hong Kong 1914, p. 799.