ORDINANCE No. 1 OF 1883 . 1671
Distraints for Rent.
nance ; and the landlord or lessor shall be entitled to require the bailiff
upon giving such bailiff a sufficient indemnity to the satisfaction of the
Registrar to follow the property if removed , and seize the same under the
distress warrant, whether or not such property was afterwards disposed
of by the owner by way of sale, exchange, mortgage, pledge or otherwise.
37. If the tenant or lessee, or person in possession or occupation, of Removal of
property
any premises on which there is an arrear of rent due, recoverable by liable to dis
traint.
distress , shall remove , carry away, or cause or permit to be removed or
carried away from the premises any moveable property liable to be seized
for such rent , so as to prevent or hinder the bailiff from distraining the
same , it shall be lawful for the Court, on application verified by affidavit ,
to authorize the bailiff, to whom the warrant of distress to distrain for the
rent on such premises is addressed and the officers acting with him, to
follow, and to take and seize such goods and chattels, as a distress for the
said arrears of rent, wherever the same may be found, at any time within
thirty days from the day of their removal , exclusive of the day of removal,
and to deal with the said moveable property so removed in the same way
as if it had been found on the premises, and if advisable so to do, to place
the same again in the premises.
38. Provided that it shall be lawful for the bailiff, without such Seizure of
property that
authority to follow and seize any such property found by him in the act is being re
moved.
of being removed from any such premises , and before the same is placed
in any other house or building.
39. If such property or any part thereof so removed or carried away Property sold
bonâ fide
under the circumstances mentioned in sections 36 and 37 of this Ordi may be
restored .
nance shall have been sold bonâ fide, and for a sufficient consideration ,
before or after removal from the premises distrained , to any person not
knowing and not having the means of knowing that the same was liable
to distraint for rent, or was removed or carried away, or was to be removed
or carried away, so as to prevent or hinder the landlord or lessee from
distraining the same, or so much thereof as shall have been so sold, shall
not be seized or if seized shall be restored by the bailiff distraining or by
the Court on application under section 20 of this Ordinance.
40. Any tenant or lessee, or person in possession or occupation who Fraudulent
removal.
shall fraudulently remove or carry away moveable property as aforesaid,