CAP. 51
[s. 21 cont.]
Levy of execution.
Right to distrain not prejudiced.
(8 Anne. c. 18).
Interpleader by bailiff.
Application of Code of Civil Procedure: Rules of court.
(Cap. 4, rules), 4 of 1951, Schedule.
as it
Supreme Court (Summary Jurisdiction).
may think fit, and the same may be recovered as costs in the cause.
[22
22. In the execution of a judgment or order the bailiff shall in the first instance, if practicable, levy on the goods, chattels, and effects of the party against whom it is made, and in the event of his not being able to find sufficient goods, chattels, or effects, and of the said party failing to point out to him any property whereon to levy, the bailiff shall enforce the judgment or order by personal arrest and imprisonment.
[23
23. No execution awarded against the goods of any party shall extend or be construed to extend to deprive any landlord of the power vested in him by the Landlord and Tenant Act, 1709, or any enactment relating to the recovery of rent.
[24
24. If any claim is made to or in respect of any goods or chattels taken in execution under the process of the court, or in respect of the proceeds or value thereof, by any landlord for rent or by any person not being the party against whom such process has issued, it shall be lawful for the Registrar, on the application of the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a summons calling before the court as well the party issuing such process as the party making such claim, and thereupon the court shall adjudicate on such claim and make such order between the parties in respect thereof, and of the costs of the proceedings, as to it may seem fit, and such order shall be enforced in like manner as any order made in an action under this Ordinance.
[25
25. (1) The provisions of the Code of Civil Procedure shall be applied, mutatis mutandis, to actions brought under this Ordinance so far as the same can be made applicable thereto unless the court in any case, for the avoiding of delay or in furtherance of substantial justice, thinks fit otherwise to direct, and except where the said provisions may, in the opinion of the court, be unsuitable or may conflict or be inconsistent with any provisions of this Ordinance.
166