675139-1883-Ordinance-passed-No-1-of-1883- — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 3RD FEBRUARY, 1883.

23. Every such claim shall be verified by affidavit or declaration setting out the facts on which it is founded. When so verified the Court 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 a claim shall have been made therefor at the time of application, and if it appears to the Court that the landlord or Bailiff had no reasonable ground for believing that the goods were properly distrainable, award such com- pensation 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 compen sation, shall bar any suit in respect of injury caused by the distress.

25. The Court may in its discretion, at any time upon the 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 reason- able.

PART IV.

Sale of Distresses.

26. In default of any order to the contrary, the distrained property 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 auctioneer or a Bailiff of the Court and such auctioneer or such Bailiff shall on realizing, the proceeds, pay over the amount thereof to the Court, and such amount shall 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.

27. Provided that the debtorʻmay require that the sale shall take place in any other manner, than that directed by the Registrar, upon giving security for any extra costs or loss thereby, or that in the Registrar's opinion may be thereby, occasioned,

PART V.

Deserted Premises where no Distress left.

28. Where any immoveable property is held at a rack ront, or where the rent reserved shall be full three-fourths of the yearly value of the demised premises, and where neither the value of the premises by the year, nor the rent payable in respect of the tenancy by the year, shall exceed three hundred dollars, if the tenant shall be in arrears for two months, and shall desert the demised premises and leave the same uncultivated or unoccupied so as no suffi- : cient distress can be had to countervail the arrears of rent, it shall be lawful for the Court, at the request of the lessor or landlord or his agent and on information on oath, to issue its warrant authorizing any Bailiff to enter on the premises, breaking any doors, windows, or.gates if neces- sary; and if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a Bailiff and to affix a notice thereon, in a conspicuous place, that unless cause to the contrary be shown before the Court within ten days, the premises will be given over to the applicant; and if no such cause be shown, it shall be lawful for the Court, on proof of the fact of desertion, of non-payment of at least two months rent last due, of want of sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Ordinance to a distress warrant, to make an order directing a Bailiff to put the applicant in possession of the premises and the demise shall become void.

PART VI.

Rules as to Distresses.

29. Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined; provided that such distress be made during the continuance of the possession of the tenant from whom such arrears became due.

Adjudication in cases of wrongful distress.

L'ompensation

for wrongful distress.

Time allowed for payment.

Mode of sale of distresses.

Debtor may

select manner

of salu.

Deserted premises,

Arrears of

rent.

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