ORDINANCE No. 1 of 1883. 1667
Distraints for Rent.
22. If any claim be made to, or in respect of, any property seized Wrongful
distress.
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
thereupon 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 summons .
23. Every such claim shall be verified by affidavit or declaration Adjudication
in cases of
setting out the facts on which it is founded. When so verified the Court wrongful
distress.
shall adjudicate thereupon, and make such order between the parties in
respect thereof, and of the costs of the proceedings, as it thinks fit ; and
such order shall be enforced 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 may, if Compensa
tion for
a claim shall have been made therefor at the time of application , and if it wrongful
distress.
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
enquiry it thinks necessary ; and the order of the Court , awarding 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 applica Time allowed
for payment.
tion of the debtor and upon reasonable notice being given of the applica
tion 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 property Mode of sale
of distresses.
shall be sold on the day mentioned in the notice 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