1912_DISTRESS_FOR_RENT_ORDINANCE__1883 — Page 9

DISTRESS FOR RENT.

No. 1 of 1883.

267

distress to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize such property as a distress for the said arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises Provided that it shall be lawful for the bailiff, with- out such authority, to follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.

sold.

38. If such property or any part thereof so removed or carried Restoration away under the circumstances mentioned in sections 36 and 37 has removed but

of property been sold bonâ fide and for a sufficient consideration, before or bonâ fide after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the land- lord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the Court on application under section 21.

removal of property by

39. Every tenant or lessee or person in possession or occupation Fraudulent who fraudulently removes or carries away movable property as aforesaid, and every person who wilfully and knowingly aids or tenant. assists such tenant or lessee or person in such fraudulent removal

[for punish-

or carrying away, shall be deemed to be guilty of a misdemeanor.

[s. 40, rep. No. 8 of 1912.]

ment, cf.

No. 1 of 1898, s. 6 (2)).

41. Where any distress is made for any sum of money to be Protection levied by virtue of this Ordinance, the distress itself shall not be against irre-

gularity in deemed unlawful, nor the party making the same be deemed a proceedings. trespasser, on account of any defect or want of form in the pro- ceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfac- tion for the special damages in an action as provided by section 25.

42. Nothing in this Ordinance shall be held to apply to rents due to the Crown.

Exclusion of

Crown rents. [cf. No. 6 of 1875.]