266
No. 1 of 1883.
Right of one of several parties interested to institute DISTRESS FOR RENT.
(10) married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use.
35. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him; the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with them for all sums so levied. Provided that if, in any particular case, it appears to the Court or to the Registrar, to be advisable to do so, the Court, or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.
Removal of property under distraint.
Following property liable to seizure and removed.
36. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from such premises without the consent of the person issuing the distress warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time such property would have been liable to distraint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the bailiff, on giving such bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the distress warrant, whether or not such property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.
37. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, it shall be lawful for the Court, on application verified by affidavit, to authorise the bailiff to whom the warrant of distress was issued to follow and seize the property.
*As amended by No. 62 of 1911.
266
No. 1 of 1883.
Right of one of several parties interested
to institute
DISTRESS FOR RENT.
(10) married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use.
35. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, proceedings. guardians, partners, or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the and name or names of those jointly or together interested with him, the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with them for all sums so levied Provided that if, in any particular case, it appears to the Court or to the Registrar, to be advisable to do so, the Court, or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.
Removal of property under distraint.
Following property liable to seizure and removed.
:
36. No property found at the time of distraint in or on any pre- mises as to which an arrear of rent is due shall be removed from such premises without the consent of the person issuing the distress warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accured during the current tenancy, and if at any time such property would have been liable to distraint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the bailiff, on giving such bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the distress warrant, whether or not such property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or other- wise.
37. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the promises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, it shall be lawful for the Court, on application verified by affidavit, to authorise the bailiff to whom the warrant of
*As amended by No. 62 of 1911.
d
tl
32 2 2 2 9 9 8 2
th
th
Ou
hi
be
ай
be
aft
ུ
lis
top
lot
ha
the
3
wh
afo
assi
or c
4
levi
deer
tres
ceed
a tr.
whic
but
tion
42
to th
No comments yet.
Private notes are available after approval.