680110-1882-Bills-read-a-first-time--Volunteers-Or — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 9TH DECEMBER, 1882.

Property that cannot be seized.

Inventory.

Filing of Inventory, &.

Entry.

Forcible entry

Impounding of property seizent.

Suspension or

release of distress.

C'ests.

Wrongful distress.

Adjudication in cases of wrongful distress.

Compensation for wrongful distress.

14. The Bailiff shall not seize :-

(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;

(9.) Goods delivered to a person exercising a public trade, to be carried, wrought, worked up, or ma- naged in the way of his trade or employ.

15. On seizing any property under Section 13, the Bailiff shall make an inventory and appraisement of such property according to the form in Schedule or in the like effect and shall give a notice in writing according to 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.

16. The Bailiff shall, as soon as may be, file in the Court copies of the said inventory, appraisement and notice.

17. The Bailiffs and officers appointed to execute distress warrants may break open inner doors; and if denied admit- tance to any building as to which they have a warrant to distrain, after declaring their names and business; or if, after waiting a reasonable time, no person answers, or is in the building, they may apply to the Court for authority to break open outer doors and windows so far as may be necessary to enable them to execute their warrant.

18. The Court on being satisfied, on the affidavit of one of the officers having the warrant for execution, that there are no reasonable means of executing the warrant without breaking such outer doors or windows, may grant an order in writing, addressed to a Bailiff of the Court, authorizing him to break open, or have broken open, such doors and windows. Before executing such order, however, the Bailiff shall inform any persons or person who may be in the build- ing, that he has such order and that he is about to act on it unless the doors or windows are opened.

19. The Bailiffs may impound or otherwise secure the property scized, in or on the house or premises, chargeable with the rent, or may remove the same.

PART III.

Of Application to discharge Distresses and of Compensation.

20. The debtor, or any other person alleging himself to be the owner of any property seized under this Ordinance, may, at any time within five days from such seizure, on twenty-four hours notice to the party who obtained the warrant and to the Bailiff, setting out the facts on which the claim is founded, verified on affidavit, apply to the Court, to discharge or suspend the warrant or to release a distrained article; and such Court may discharge or suspend such warrant or release such articles accordingly, upon such terms as it thinks just..

21. Upon any such application, the costs attending it and. attending the issue and execution of the warrant, shall be in the discretion of the Court, and shall be paid as the Court directs.

22. If any claim be made to, or in respect of, any pro- perty seized 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 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.

2

or section

the 24. In any case under section 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