DISTRESS FOR RENT.
No. 1 of 1883.
165
warrant or the owner of any property seized under this Ordinance, may, at any time within five days from such seizure, on twenty-four hours' notice to the person who obtained the warrant and to the bailiff, setting out the facts on which the claim is founded, verified by affidavit, apply to the court to discharge or suspend the warrant or to release a distrained article; and the court may discharge or suspend such warrant or release such article accordingly, on such terms as it may think just.
22. On any such application, the costs attending it and the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs.
23. If any claim is made to or in respect of any property seized under a distress warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such summons.
24. (1) Every such claim shall be verified by affidavit setting out the facts on which it is founded.
(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.
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