262
Impounding of property seized.
No. 1 of 1883.
DISTRESS FOR RENT
(3) The Court, on being satisfied, by the affidavit of the bailiff or officer, that there are no reasonable means of executing the warrant without breaking open such outer doors or windows, may grant an order in writing, addressed to a bailiff of the Court, authorising him to break open, or have broken open, such doors and windows.
(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened.
20. The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove the same.
Discharge or suspension of warrant or release of distress.
Costs of application.
Wrongful distress.
Adjudication in case of wrongful distress.
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 5 days from such seizure, on 24 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 setting out the facts on which it is founded.
* As amended by No. 51 of 1911.
262
Impounding of property seized.
No. 1 of 1883.
DISTRESS FOR RENT.
(3) The Court, on being satisfiell, by the affidavit of the bailiff or officer, that there are no reasonable means of executing the war- rant without breaking open such outer doors or windows, may grant an order in writing, addressed to a bailiff of the Court, authorising him to break open, or have broken open, such doors and windows.
(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened.
20. The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove the same.
Discharge or suspension of warrant or
release of
distress.
Costs of application.
Wrongful distress.
Adjudication in case of wrongful distress.
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 5 days from such seizure, on 24 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 at 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 pro- ceedings in such action after the service of such summons.
24.-(1) Every such claim shall be verified by affidavit setting out the facts on which it is founded.
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* As amended by No. 51 of 1911.
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