1901_DISTRESS_FOR_RENT_ORDINANCE__1883 — Page 4

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No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1883.

Discharge or suspension of warrant or release of distress.
Costs of application.
Wrongful distress.
Adjudication in case of wrongful distress.
Awarding of compensation for wrongful distress.
Power to allow time for

PART III.
DISCHARGE OF AND COMPENSATION FOR WRONGFUL DISTRESS.

21. The debtor, or any other person alleging himself to be the owner of any property seized under this Ordinance, may, at any time within five days from such seizure, on twenty-four hours' notice to the person who obtained the warrant and to the Bailiff, setting out the facts on which the claim is founded, verified by affidavit, apply to the Court to discharge or suspend the warrant or to release a distrained article; and the Court may discharge or suspend such warrant or release such article accordingly, on such terms as it may think just.

22. On any such application, the costs attending it and attending the issue and execution of the warrant shall be in the discretion of the Court, and shall be paid as the Court directs.

23. If any claim is 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, on 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 action which may have been brought in respect of such claim shall be stayed, and the Court, on 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 action after the service of such summons.

24.--(1.) Every such claim shall be verified by affidavit or declaration setting out the facts on which it is founded.

(2.) 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.

(3.) Such order shall be enforced as if it were an order made in an action brought in the Court.

25.--(1.) In any case under section 21 or section 23, the Court may, if a claim has 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 inquiry it thinks necessary.

(2.) The order of the Court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.

26. The Court may, in its discretion, at any time, on the application of the debtor and on reasonable notice being given of the application to the person in whose favour the distress was made, allow time for payment of the rent due from such debtor.

27.--(1.) The property shall be sold at such time and in such a place and manner as the Bailiff thinks fit, whether by public auction or private contract.

(2.) The proceeds of sale shall be applied first in payment of the costs of the distress; and secondly, in or towards satisfaction of the debt; and the surplus, if any, shall be paid to the debtor.

28. Provided that in any other case, the Court may, on security being given to its satisfaction by the Registrar, order the sale to be stayed.

29.--(1.) Where the rent in arrear is in respect of demised premises used or occupied as a dwelling-house, and does not exceed one year's rent, nor three hundred dollars, and the tenant deserts the same, or ceases to occupy the same, so as to make it difficult to recover the arrears of rent, it shall be lawful for the landlord or lessor, by warrant under his hand, authorizing some person therein named, or a Bailiff of the Court, to enter into the deserted or unoccupied premises, and to seize any goods unless cause be shown to the contrary, on the premises.

(2.) If no sufficient goods are found on the premises, proof on oath or affirmation of the rent last due and of the non-payment thereof by the lessor or landlord, or his agent, shall be sufficient to justify a distress warrant being issued against the tenant or occupier in possession.