DISTRESS FOR RENT.
No. 1 of 1883.
249
16. The bailiff shall not seize-
Property not liable to
(1) things in actual use, in the hands of a person at the time of seizure; or
(2) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or
(3) goods of a temporary guest at an inn; or
(4) goods of a lodger at a furnished lodging-house; or
(5) the debtor's necessary wearing apparel; or
(6) goods in the custody of the law; or
(7) goods delivered to a person exercising a public trade, to be carried, wrought, worked up, or managed in the way of his trade or employ.
17. On seizing any property under section 15, the bailiff shall make an inventory and appraisement of such property, and shall give a copy of such inventory and appraisement and notice in writing, according to Form No. 4 in the Second Schedule or to the like effect, to the debtor or to any other person on his behalf, in or upon the said house or premises.
Making of inventory and notice.
18. The bailiff shall, as soon as may be, file in the court copies of the said inventory, appraisement, and notice.
Filing of inventory, etc.
19(1) Any bailiff or officer appointed to execute a distress warrant may break open inner doors.
(2) If he is denied admittance to any building as to which he has a warrant to distrain, after declaring his name and business, or if, after waiting a reasonable time, no person answers or is in the building, he may apply to the court for authority to break open outer doors and windows, so far as may be necessary to enable him to execute the warrant.
(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.
*As amended by Law Am. Ord., 1923, forcible entry.
DISTRESS FOR RENT.
No. 1 of 1883.
249
16. The bailiff shall not seize-
Property not liable to
(1) things in actual use, in the hands of a person at the seizure. time of seizure, or
(2) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or
(3) goods of a temporary guest at an inn; or
(4) goods of a lodger at a furnished lodging-house; or
(5) the debtor's necessary wearing apparel; or
(6) goods in the custody of the law; or
(7) goods delivered to a person exercising a public trade, to be carried, wrought, worked up, or managed in the way of his trade or employ.
inventoryzon
17. On seizing any property under section 15, the bailiff Making of shall make an inventory and appraisement of such property, seizure.. and shall
and notice a copy of such inventory and appraisement
Schedule.
and notice in writing, according to Form No. 4 in the Second Second Schedule or to the like effect, to the debtor or to any Form No. 4. other person on his behalf, in or upon the said. house or premises.
18. The bailiff shall, as soon as may be, file in the court Filing of copies of the said inventory, appraisement, and notice. inventory,
etc.
19(1) Any bailiff or officer appointed to execute a dis- Entry, and *** tress warrant may break open inner doors.
(2) If he is denied admittance to any building as to which he has a warrant to distrain, after declaring his name and business, or if, after waiting a reasonable time, no person answers or is in the building, he may apply to the court for authority to break open outer doors and windows, so far as may be necessary to enable him to execute the warrant."
(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..
.
*As amended by Law Am. Ord., 1923,
forcible
entry.
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