374 Application for warrant. Form of power of attorney. Second Schedule: Form No. 1. Form and making of affidavit. Second Schedule: Form No. 2. Form and issue of warrant. Second Schedule: Form No. 3. Refusal of warrant. Appeal from refusal. No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
PART II. MAKING OF DISTRESS.
8. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for such warrant as is hereinafter mentioned.
9.—(1.) A power of attorney to an agent authorized to apply for warrants of distress may be either general or for the particular case, and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance. (2.) Such power may be in the form in the Second Schedule to this Ordinance or to the like effect.
10.-(1.) Every application for a warrant shall be supported by an affidavit or declaration, which may be according to the form in the Second Schedule to this Ordinance or to the like effect. (2.) Such affidavit or declaration may be sworn or declared to in like manner as other affidavits or declarations in the Court.
11. A warrant according to the form in the Second Schedule to this Ordinance or to the like effect may be issued by a Judge of the Supreme Court or, in the absence of any Judge from the Court House, by the Registrar or a Deputy Registrar, returnable within six days and addressed to any one of the Bailiffs of the Court.
12. The Judge, Registrar, or Deputy Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13.-(1.) If a Judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 23 of the No. 3 of 1873. Supreme Court Ordinance, 1873. (2.) If the Registrar or a Deputy Registrar declines to do so, application may be made to a Judge in the first instance. A Deputy Registrar may, however, always refer the matter to the Registrar, on any application made to such Deputy Registrar.
14. Every distress under this Ordinance shall be made after sunrise and before sunset, and not at any other time, except by special leave of the Court or a Judge.
15. In pursuance of the warrant aforesaid, the Bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the Bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
A.D. 18 16. TI (1.) th seiz (2.) to pro amo (3.) gr (4.) g (5.) th (6.) g (7.) g cari or e
17. On an invent of such in the form to the de house or
18. Th the said i
19.-(1 may breal (2.) If warrant to waiting a may apply windows,: (3.) Th officer, th without b order in v to break o (4.) Be person or he is about
20. The in or on th the same.
374
Application for warrant.
Form of power of attorney.
Second Schedule:
Form No. 1.
Form and
making of affidavit.
Second
Schedule:
Form No. 2.
Form and issue of
warrant.
Second Schedule:
Form No. 3.
Refusal of warrant.
Appeal from refusal.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1883.
PART II.
MAKING OF DISTRESS.
8. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for such warrant as is herein- after mentioned.
9.—(1.) A power of attorney to an agent authorized to apply for warrants of distress may be either general or for the particular case, and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance.
(2.) Such power may be in the form in the Second Schedule to this Ordinance or to the like effect.
10.-(1.) Every application for a warrant shall be supported by an affidavit or declaration, which may be according to the form in the Second Schedule to this Ordinance or to the like effect.
(2.) Such affidavit or declaration may be sworn or declared to in like manner as other affidavits or declarations in the Court.
11. A warrant according to the form in the Second Schedule to this Ordinance or to the like effect may be issued by a Judge of the Supreme Court or, in the absence of any Judge from the Court House, by the Registrar or a Deputy Registrar, returnable within six days and ad- dressed to any one of the Bailiffs of the Court.
12. The Judge, Registrar, or Deputy Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13.-(1.) If a Judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 23 of the No. 3 of 1873. Supreme Court Ordinance, 1873.
Time for making distress.
Property liable to seizure.
(2.) If the Registrar or a Deputy Registrar declines to do so, appli- cation may be made to a Judge in the first instance. A Deputy Regis- trar may, however, always refer the matter to the Registrar, on any application made to such Deputy Registrar.
14. Every distress under this Ordinance shall be made after sunrise and before sunset, and not at any other time, except by special leave of the-Court or a Judge.
15. In pursuance of the warrant aforesaid, the Bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the Bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
A.D. 18
16. TI
(1.) th seiz
(2.) to
pro
amo
(3.) gr
(4.) g
(5.) th
(6.) g
(7.) g
cari
or e
17. On an invent of such in
the form
to the de house or
18. Th
the said i
19.-(1
may breal (2.) If
warrant to waiting a
may apply windows,: (3.) Th officer, th without b order in v
to break o (4.) Be
person or he is about
20. The
in or on th the same.
¦
No comments yet.
Private notes are available after approval.