ORDINANCE No. 1 OF 1883. 1665
Distraints for Rent.
10. The Judge, Registrar, or Deputy Registrar to whom application Refusal of
warrant.
is made, may upon examination of the persons applying for such warrants ,
decline to issue the same.
11. If a Judge declines to issue such warrant, application may be Appeal.
made to the Full Court as provided in cases under section 18of the
Supreme Court Ordinance, 1873. If the Registrar or Deputy Registrar
declines to do so , application may be made to a Judge in the first
instance . The Deputy Registrar may, however, always refer the matter
to the Registrar upon any application to such Deputy Registrar.
12. Every distress under this Ordinance shall be made after sunrise Time for
distress.
and before sunset , and not at any other time except by special leave of
the Court or a Judge .
13. In pursuance of the warrant aforesaid, the bailiff shall seize the Property that
may be seized.
moveable property found in or upon the house or premises mentioned in
the warrant, and in the apparent possession of the person from whom
the rent is claimed (hereinafter called the debtor) , or such part thereof
as may, in the bailiff's judgment, be sufficient to cover the amount of the
said rent, together with the costs of the said distress .
14. The bailiff shall not seize : Property that
cannot be
seized.
(a . ) Things in actual use, in the hands of a person at the time
of seizure ;
(b. ) Tools and implements not in use, where there is other
moveable property in or upon the house or premises
sufficient to cover such amount and costs ;
(c ) Goods of temporary guests at an inn ;
(d. ) Goods of lodgers at a furnished lodging house ;
(e . ) The debtor's necessary wearing apparel ;
(f.) Goods in the custody of the law ;
(g. ) Goods delivered to a person exercising a public trade , to
be carried, wrought , worked up, or managed in the way
of his trade or employ.
15. On seizing any property under section 13, the bailiff shall Inventory.
make an inventory and appraisement of such property and shall give a
copy of such inventory and appraisement* notice in writing according to [*and}
the form in schedule D, or to the like effect, to the debtor or to any other
person upon his behalf, in or upon the said house or premises.