DISTRAINTS FOR RENT. [ 1 of 1883. ] 0229
Wrongful
22. If any clain be ma le to, or in respect of, any property clistress .
seized under a distress warrant, or in respect of the proceeds
or value thereof, by any person not being the debtor, the
Registrar, upon 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 there
upon any suit which may have been brought in respect of such
claim shall be stayed, and the Court, on the 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
suit after the service of such simmons .
23. Every such claim shall be veritied by affidavit or Aljudlication
declaration setting out the facts on which it is founded in casesof
When so verified the Court shall alju licate thereupon , and distress.
inake such order between the parties in respect thereof, and of
the costs of the proceelings, as it thinks fit ; and such order
shall be enforceel as if it were an order made in a suit brought
in such Court.
24. In any case under section 20 or section 22 , the Court Compensa
may, if a2 claim shall bave been made therefor at the time of wrongful
tion for
application, and if it appears to the Court that the landlord or distress
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 casemay be ) as
the Court thinks fit, and may for that purpose make any enquiry
it thinks necess:ury ; and the order of the Court, warding or
refusing such compensation, shall bar any suit in respect of
injury caused by the distress.
25. The Court may in its discretion, at any time upon the Time allowed
for payment.
application of the debtor and upon reasonable notice being given
of the application to the party who obtained the warrant give
time to the debtor to pay the rent due from him upon such
terms as it may think just and reasonable.
PART IV.
Sale of distresses.
26. In default of any order to the contrary, the distrained ofMole of -alo
distresses,
property shall be sold on the day mentioned in the uctice of
appraisement and sale hereinbefore referred to, and such sale
shall be conducted at such a place and time and by such person
as the Registrar may direct, whether by an auctioneer or a
bailiff of the Court and such auctioneer or such bailift shall on
realizing the proceeds, pay over the amount thereof to the Court,
and such amount sball be applied, first in payment of the costs
of the said distress , and then in satisfaction of the debt; and
the surplus, if any, shall be returned to the debtor.