1912_DISTRESS_FOR_RENT_ORDINANCE__1883 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

DISTRESS FOR RENT.

No. 1 of 1883.

265

seized under Supreme Court.

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 6 months' rent, the Registrar shall pay the amount of rent due for 6 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 for the property mortgaged, if the mortgagee is in possession;

(7) trustees for the estate over which the trust extends;

(8) lessees against their under-lessees;

(9) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person; and

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DISTRESS FOR RENT. No. 1 of 1883. 265 seized under Supreme Court. 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 6 months' rent, the Registrar shall pay the amount of rent due for 6 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 for the property mortgaged, if the mortgagee is in possession; (7) trustees for the estate over which the trust extends; (8) lessees against their under-lessees; (9) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person; and
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* f 3 } DISTRESS FOR RENT. No. 1 of 1883. 265 seized under Supreme 32. (1) If personal property, otherwise liable to distress for rent, Property is, at time of the issue of any distress warrant or thereafter before writ or seizure by the bailiff under such warrant, seized under any writ or warrant of warrant of the Supreme Court, the said bailiff shall not seize such Court. 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 applica- tion 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 war- rant the amount thereof: Provided that if the amount mentioned in the distress warrant exceeds the amount due for 6 months rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more.. 33. If any execution is paid off after the issue of a distress war Distraint rant, the bailiff shall immediately execute the distress warrant. after satis- faction of execution. allowed to 34. The following persons may, either personally or by their Persons 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; apply for distress warrant. (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 for the property mortgaged, if the mortgagee is in possession; (7) trustees for the estate over which the trust extends; (8) lessees against their under-lessces; (9) the Registrar for premises seized under execution, if rented to tenants by the person against whom the exccution is issued, or otherwise rented so that the rent is payable to such person; and
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DISTRESS FOR RENT.

No. 1 of 1883.

265

seized under

Supreme

32. (1) If personal property, otherwise liable to distress for rent, Property is, at time of the issue of any distress warrant or thereafter before writ or seizure by the bailiff under such warrant, seized under any writ or warrant of warrant of the Supreme Court, the said bailiff shall not seize such Court. 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 applica- tion 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 war- rant the amount thereof: Provided that if the amount mentioned in the distress warrant exceeds the amount due for 6 months rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more..

33. If any execution is paid off after the issue of a distress war Distraint rant, the bailiff shall immediately execute the distress warrant.

after satis- faction of execution.

allowed to

34. The following persons may, either personally or by their Persons 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;

apply for distress

warrant.

(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 for the property mortgaged, if the mortgagee is in possession;

(7) trustees for the estate over which the trust extends;

(8) lessees against their under-lessces;

(9) the Registrar for premises seized under execution, if rented to tenants by the person against whom the exccution is issued, or otherwise rented so that the rent is payable to such person; and

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