1988 Ed.]

Landlord and Tenant (Consolidation)

[CAP. 7

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(d) goods of a lodger at a furnished lodging-house; or

(e) the debtor's necessary wearing apparel; or

(f) goods in the custody of the law; or

(g) goods delivered to a person or firm exercising a public trade, to be carried, wrought, worked up, or managed in the way of the trade or employ of such person or firm. (Replaced 8 of 1928 s. 3)

(1 of 1883 s. 14 incorporated)

Making of inventory on seizure

89. On seizing any property under section 87, the bailiff shall make an inventory and appraisement of such property, and shall give a copy of such inventory and appraisement together with a notice in Form 3 in the Fifth Schedule, to the debtor or to any other person on his behalf, in or upon the said house or premises.

Filing of inventory, etc.

(1 of 1883 s. 15 incorporated. Amended 20 of 1948 s. 4)

90. The bailiff shall, as soon as may be, file in the court copies of the inventory and appraisement and notice given under section 89.

(1 of 1883 s. 16 incorporated)

Entry, and forcible entry

91. (1) A bailiff or officer appointed to execute a warrant may break open inner doors.

(2) If he is denied admittance to any building in respect of which he has a warrant to distrain, after declaring his name and business, or if, after waiting a reasonable time, no person answers or is in the building, he may apply to the court for authority to break open outer doors and windows, so far as may be necessary to enable him to execute the warrant.

(3) The court, on being satisfied, by the affidavit of the bailiff or officer, that there are no reasonable means of executing the warrant without breaking open the outer doors or windows, may grant an order in writing, addressed to a bailiff, authorizing him to break open, or have broken open, the doors and windows.

(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened. (Amended 50 of 1911)

(1 of 1883 ss. 17 & 18 incorporated)

Impounding of property seized

92. The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove same.

(1 of 1883 s. 19 incorporated)

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