DISTRESS FOR RENT,
1
No. 1 of 1883.
255
causes or permits to be removed or carried away, from the seizure and premises any movable property liable to be seized for such removed: 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 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 thirty 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, without 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.
removed but
38. If such property or any part thereof so removed or Restoration carried away under the circumstances mentioned in sections of property 36 and 37 has been sold bona fide and for a sufficient bona fide consideration, before or 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 landlord 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.
J
removal of property by
39. Every tenant or lessee or person in possession or Fraudulent occupation who fraudulently removes or carries away movable property as aforesaid, and every person who tenant. wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, (cf. No. 1 of or person in such fraudulent removal or carrying away, [1898, s. 5.]
shall be deemed to be guilty of a misdemeanor.
川
[s: 40, rep. No. 8 of 1912.]
irregularity in proceedings.
41. Where any distress is made for any sum of money Protection to be levied by virtue of this Ordinance, the distress itself against shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall
.*
Page 10
Page 11
DISTRESS FOR RENT,
1
No. 1 of 1883.
255
causes or permits to be removed or carried away, from the seizure and premises any movable property liable to be seized for such removed: 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 to distrain for the rent on such premises is ad- dressed, 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 thirty 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, without 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.
removed but
38. If such property or any part thereof so removed or Restoration carried away under the circumstances mentioned in sections of property 36 and 37 has been sold bona fide and for a sufficient bona fide consideration, before or after removal from the premises sold. 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 landlord 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.
J
removal of· property by
39. Every tenant or lessee or person in possession or Fraudulent occupation who fraudulently removes
or carries away movable property as aforesaid, and every person who tenant. wilfully and knowingly aids or assists such tenant or lessee (cf. No. 1 of or person in such fraudulent removal or carrying away,
1898, s. 5.]
shall be deemed to be guilty of a misdemeanor.
川
[s: 40, rep. No. 8 of 1912.]
irregularity in proceedings.
41. Where any distress is made for any sum of money Protection to be levied by virtue of this Ordinance, the distress itself against shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall
.*
Page 10Page 11
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