ORDINANCE No. 1 of 1883.
Distraints for Rent.
22. If any claim be made to, or in respect of, any property 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.
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 compensation 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 compensation, shall bar any suit in respect of injury caused by the distress.
1667
Wrongful distress.
Adjudication in cases of wrongful distress.
Compensation for wrongful distress.
for payment.
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 reasonable.
PART IV.
Sale of distresses.
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
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ORDINANCE No. 1 of 1883.
Distraints for Rent.
22. If any claim be made to, or in respect of, any property 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.
24. In any case under section 20 or section 22, the Court inay, 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 compensation 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 compensation, shall bar any suit in respect of injury caused by the distress.
1667
Wrongful
distress.
Adjudication. in cases of wrongful distress.
Compensa-
tion for wrongful distress.
for payment.
25. The Court may in its discretion, at any time upon the applica- Time allowed. tion of the debtor and upon reasonable notice being given of the applica- tion 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 reasonable.
PART IV.
Sale of distresses.
; of distresses.
26. In default of any order to the contrary, the distrained property. Mode of sale shall be sold on the day mentioned in the notice of appraisement and sale hereinbefore referred to, and such sale shall be conducted ut such a place and time and by such person' as the Registrar may direct, whether by an
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