680110-1882-Bills-read-a-first-time--Volunteers-Or — Page 7

914

THE HONGKONG GOVERNMENT GAZETTE, 9TH DECEMBER, 1882.

Property seized under writ or

warrant of

Supreme

Court.

If execution

satisfied,

distress, warrant may be executed.

Persons

allowed to

apply for distraint.

Where several parties inter-

ested one of them may institute proceedings.

Production of authority.

Removal of property under

distraint.

Removal of property liable to distraint.

any

31. If personal property, otherwise liable to distress for rent, shall, at the time of the issue of distress warrant, or thereafter before seizure by the Bailiff under such war- rant be seized under any writ or warrant of the Supreme Court, the said Bailiff shall not seize such personal property, but shall return the warrant into Court and deliver copies thereof to the execution creditor and to the debtor either personally or on leaving the same at the place where the goods were seized, and such execution creditor or debtor or either of them may apply to the Court to discharge or sus- pend the warrant within the time and in the manner men- tioned in section, and should no such application be made within the said time, the Registrar shall, out of the first money to be received by him from the officer executing such writ or warrant, pay over to the person obtaining such distress warrant the amount thereof, provided that if the amount mentioned in the warrant of distress shall exceed the amount due for six months rent, the said Deputy Regis- trar shall pay the amount of rent due for six months and the costs and no more.

32. If any execution shall be paid off after issue of a warrant of distress, the Bailiff shall immediately execute the warrant of distress.

33. The following persons may, personally or by their attorneys or agents, apply for distrain for arrears of rent due to the estates represented by them, that is to say: Execu- tors or Administrators of any lessor or landlord or person entitled to receive rents,

Guardians for Infants, Committees of Lunatics for

the Lunatics,

Receivers appointed by Courts for the estate over or

for which they are appointed,

Assignees and Trustees in Bankruptcy for the estate

of the Bankrupt,

Mortgagees, for the property mortgaged, if the mort-

gagee is in possession,

Trustees, for the estate over which the trust extends, Lessees, against their under lessees,

The Registrar for premises seized under executions, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.

Married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use. 34. Where a right to distrain accrues to parties jointly interested, or together interested, in any premises such as Coparceners, Joint Tenants, Tenants in Common, Executors, Administrators, Trustees, Guardians, partners or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levy- ing of rent so distrained for shall be a complete discharge to the tenant, for the rent, or for so much thereof as may be so levied; and the parties so levying shall be liable to account to the parties having the interest jointly or together. with them for all sums so levied.

35. Provided that if it should, in any particular case,. appear to the Court or to the Registrar or Deputy Registrar, to be advisable so to do, the Court or Registrar or Deputy Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.

36. No property found at the time of distraint in or on any premises, as to which an arrear of rent is due, shall be removed from such premises till satisfaction is made, without the consent of the person issuing the distress warrant, or by direction of the Registrar for the rent due if the arrear has accrued during the current tenaney, and if at any time such property would have been liable to distraint for rent under this Ordinance; 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 scize the same under the distress warrant, whether or not such property was afterwards dis- posed of by the owner by way of sale, exchange, mortgage, pledge or otherwisc. Subject always to the provisions

contained in Clause II and III of this Section.

37. If the tenant or lessee, or person in possession or occupation, of any premises on which there is an arrear of rent due, recoverable by distress, shall carry away, or cause or permit to be carried away from the premises any move- able property liable to be seized for such rent, so as to