378
Distress for arrears of rent on determination of lease.
Priority of landlord's right over
writs, except in Crown
suits.
Property seized under writ or
warrant of Supreme Court.
Execution of distress warrant after
satisfaction of execution.
Persons allowed to apply for distress warrant.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
PART VI.
RULES AS TO DISTRESS.
30. Arrears of rent may be distrained for after the end or determination of
any term or lease at will, in the same manner as if such term or lease had not been ended or determined; provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.
31. No personal property shall be removed from any premises under any writ from any Court, other than writs in Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for six months' rent last due.
32.--(1.) If personal property, otherwise liable to distress for rent, is, at the time of the issue of any distress warrant or thereafter before seizure by the Bailiff under such warrant, 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 or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized.
(2.) Such execution creditor or debtor or either of them may apply to the Court to discharge or suspend the warrant within the time and in the manner mentioned in section 21, and if no such application is 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 distress warrant exceeds the amount due for six months' rent, the Registrar shall pay the amount of rent due for six months and the costs and no more.
33. If any execution is paid off after the issue of a distress warrant, the Bailiff shall immediately execute the distress warrant.
34. The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say,---
(1.) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(2.) guardians for infants;
(3.) committees of lunatics for the lunatics;
(4.) receivers appointed by Courts for the estate over or for which
they are appointed;
(5.) assignees and trustees in bankruptcy for the estate of the bankrupt;
(6.) mortgagees in possession;
(7.) trustees for other persons;
(8.) lessees;
(9.) the landlord or other person entitled to receive the rent on behalf of the tenant;
(10.) managers or other persons having the control or management of any bands or estates, whether held in trust or otherwise, and whether for their sole advantage or not.
35. When two or more persons are entitled to any land or tenement jointly or tenants in common, or as joint tenants, or coparceners, or otherwise, any one of them may distrain for the whole rent due to them jointly or to any one or more of them, and the person so distraining shall be liable for so much only of the rent as he shall receive, and shall not be liable to make good to his co-tenants or other persons interested any loss sustained by them in consequence of such distress.
36. No person shall sell any goods or chattels seized under a distress warrant as to which he is not the owner without the previous leave and
direction of the Registrar. The person so selling shall, out of the proceeds of the sale, pay the arrear and all costs and charges incurred under this Ordinance; and on giving such security as the Registrar may require, shall pay over to the Registrar, to be applied by him as hereinafter mentioned, the surplus (if any) to be disposed of by subsequent order, or otherwise.
37. If the person at whose suit any distress is made fraudulently or clandestinely removes or causes to be removed from any premises any goods or chattels liable to distress, removed or caused to be carried away, to be re-seized and sold for such rent, as if the same had not been removed.
378
Distress for arrears of rent on determina- tion of lease.
Priority of landlord's right over
writs, except in Crown
suits.
Property seized under writ or
warrant of Supreme Court.
Exccution of distress warrant after
satisfaction of execution.
Persons allowed to apply for distress warrant.
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1883.
PART VI.
RULES AS TO DISTRESS.
30. Arrears of rent may be distrained for after the end or determina- tion of
any term or lease at will, in the same manner as if such term or lease had not been ended or determined; provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.
31. No personal property shall be removed from any premises under any writ from any Court, other than writs in Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for six months' rent last duc.
32.--(1.) If personal property, otherwise liable to distress for rent, is, at the time of the issue of any distress warrant or thereafter before seizure by the Bailiff under such warrant, seized under any writ or warrant of the Supreme Court, the said Bailiff shall not seize such per- sonal property, but shall return the warrant into Court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized.
(2.) Such execution creditor or debtor or either of them may apply to the Court to discharge or suspend the warrant within the time and in the manner mentioned in section 21, and if no such application is 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 distress warrant exceeds the amount due for six months' rent, the Registrar shall pay the amount of rent due for six months and the costs and no more.
33. If any execution is paid off after the issue of a distress warrant, the Bailiff shall immediately execute the distress warrant.
34. The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say,---
(1.) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(2.) guardians for infants;
(3.) committees of lunatics for the lunatics;
(4.) receivers appointed by Courts for the estate over or for which
they are appointed;
(5.) assignees and trustees in bankruptcy for the estate of the bankrupt ;
A.D. 188
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