680110-1882-Bills-read-a-first-time--Volunteers-Or — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 9TH DECEMBER, 1882.

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 debtor may 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, rent; 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 his warrant authorizing any Bailiff to enter on the premises, breaking any doors, windows, or gates if necessary; 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 ap- plicant ;

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 distraint warrant, to make an order directing a Bailiff to put the appli- cant 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 bad not been ended or determined; provided that such distress be made during the continuance of the possession of the tenant from whom such arrears become due and during the continuance of the landlords title or interest.

30. No personal property shall be removed from any premises under any writ from any Court other than Writs in Crown Suits, till the claim for rent due to the landlord or lessor or person entitled to receive the rent, is satisfied; provided that such claim shall not in any case exceed the amount due for six months' rent last due.

Time allowed

for payment.

Mode of anle of distresses.

Debtor may select manner

of sale.

Deserted premises.

Arrears of

roat.

Write in

Crown Suits and Distress to have precedence.

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