ORDINANCE No. 1 of 1883.
Distraints for Rent.
nance; 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 seize the same under the distress warrant, whether or not such property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge or otherwise.
1671
Removal of property
traint.
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 remove, carry away, or cause or permit, to be removed or carried away from the premises any moveable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same,
it shall be lawful for the Court, on application verified by affidavit, to authorize the bailiff, to whom the warrant of distress to distrain for the rent on such premises is addressed and the officers acting with him, to follow, and to take and seize such goods and chattels, as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of their removal, exclusive of the day of removal, and to deal with the said moveable property so removed in the same way as if it had been found on the premises, and if advisable so to do, to place the same again in the premises.
38. Provided that it shall be lawful for the bailiff, without such authority to follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building,
39. If such property or any part thereof so removed or carried away under the circumstances mentioned in sections 36 and 37 of this Ordinance shall have been sold bonâ fide, and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining the same, or so much thereof as shall have been so sold, shall not be seized or if seized shall be restored by the bailiff distraining or by the Court on application under section 20 of this Ordinance.
40. Any tenant or lessee, or person in possession or occupation who shall fraudulently remove or carry away moveable property as aforesaid,
Seizure of property that is being removed.
Property sold bonâ fide may be restored.
Fraudulent removal.
ORDINANCE No. 1. or 1883.
Distraints for Rent.
nance; 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 seize the same under the distress warrant, whether or not such property was 'afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge or otherwise.
1671
Removal of property
traint.
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 liable to dis- distress, shall remove, carry away, or cause or permit, to be removed or carried away from the premises any moveable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the
same,
it shall be lawful for the Court, on application verified by affidavit, to authorize the bailiff, to whom the warrant of distress to distrain for the rent on such premises is addressed and the officers acting with him, to follow, and to take and seize such goods and chattels, as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of their removal, exclusive of the day of removal, and to deal with the said moveable property so removed in the same way as if it had been found on the premises, and if advisable so to do, to place the same again in the premises..
38. Provided that it shall be lawful for the bailiff, without such authority to follow and seize any such property found by him in the act of being remored from any such premises, and before the same is placed in any other house building,
39. If such property or any part thereof so removed or carried away under the circumstances mentioned in sections 36 and 37 of this Ordi- nance shall have been sold bond fide, and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining the same, or so much thereof as shall have been so sold, shall not be seized or if seized shall be restored by the bailiff distraining or by the Court on application under section 20 of this Ordinance.
40. Any tenant or lessee, or person in possession or occupation who shall fraudulently remove or carry away moveable property as aforesaid,
Seizure of property that is being re- movel.
Property sold bonâ fide
may be
restored.
Frandulent removal.
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