680110-1882-Bills-read-a-first-time--Volunteers-Or — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 9TH DECEMBER, 1882.

A BILL

ENTITLED

An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Coun- cil thereof, to consolidate and amend the law of Distresses for Rent.

W

HEREAS it is expedient to consolidate and amend the law of Distresses for Rent: Be it enacted by the Governor of Hongkong, with the advice of the Legisla- tive Council thereof, as follows:-

PART I.

1. The Supreme Court shall have jurisdiction to issue warrants of distress for arrears of rent in all cases, without respect to the value of the property on which the rent is to be levied, and without respect to the amount of rent to be levied.

2. No distress shall be levied for arrears of rent except under the provisions of this Ordinance; and any person, except the Bailiffs and officers acting under this Ordinance, levying or attempting to levy any such distress shall, on conviction before a Magistrate, be liable to a fine not ex- ceeding one hundred dollars, or to simple imprisonment for a term not exceeding three months in addition to any other liability he may have incurred by his proceedings.

3. The Bailiffs of the Court shall be employed under the provisions of this Ordinance.

The salaries, allowances and expenses for the Bailiffs, and other officers employed under this Ordinance, shall be paid out of the general Revenue of the Colony; and all fees collected under this Ordinance for services by such Bailiffs and officers, shall be paid into the General Revenue of the Colony.

4. No fees shall be taken or demanded for such distresses, except those allowed by this Ordinance, as set out in Sche- dule A.

5. No warrants shall be issued in any case for arrears of rent due for more than twelve months at the time of the application.

PART II

Of the making of Distresses.

6. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent may apply, for such warrant as is hereinafter mentioned.

7. The powers of attorneys and agents authorized to levy distresses, may be either general or for the particular case; and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance. Such powers may be in the form in Sche- dule For to the like effect.

8. Every such application for a warrant shall be support- ed by an affidavit or declaration which may be according to the form contained in Schedule B or to the like effect; such affidavits or declarations may be sworn or declared to in like. manner as other affidavits or declarations in the Supreme Court.

9. Warrants according to the form in Schedule C or to the like effect may be issued by a Judge of the Supreme Court or in the absence of any Judge from the Court House by the Registrar or Deputy Registrar returnable within six days addressed to any one of the Bailiffs of the Court.

10. The Judge, Registrar, or Deputy Registrar to whom application 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 made to the full Court as provided in cases under paragraph 12 of the Supreme Court Reconstitution Ordi- nance. If the Registrar or Deputy Registrar déclines 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 De- puty Registrar.

12. Every distress under this Ordinance shall be made after sunrise 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 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.

Preamble.

Issuing of

warrants.

Penalty ou unauthorized persons.

Bailiffs of the Court to levy distress; fees

to go to the Crown.

Feca

Limitation of time.

Application

for warrant.

Powers of attorneys and agents.

Affidavit.

Judge, Regis trar, or Deputy Registrar, may issue warrant.

Refusal of warrant.

Appeal.

Time for

distress.

Property that may be seized.

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