250
Impounding of property seized.
Discharge or suspension of warrant or release of distress.
Costs of
No. 1 of 1883.
DISTRESS FOR RENT.
(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened.
20. The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove the same.
PART II.
DISCHARGE OF AND COMPENSATION FOR WRONGFUL DISTRESS.
21. The debtor, or any other person alleging himself to be the owner of any property seized under this Ordinance, may, at any time within five days from such seizure, on twenty-four hours' notice to the person who obtained the warrant and to the bailiff, setting out the facts on which the claim is founded, verified by affidavit, apply to the court to discharge or suspend the warrant or to release a distrained article; and the court may discharge or suspend such warrant or release such article accordingly, on such terms as it may think just.
22. On any such application, the costs attending it and application attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs...
Wrongful distress.
Adjudication in case of wrongful distress.
23. If any claim is made to or in respect of any property seized under a distress warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such summons.
24. (1) Every such claim shall be verified by affidavit setting out the facts on which it is founded.
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Page 6
250
Impounding of property seized.
Discharge or
suspension of warrant or release, of
distress.
Costs of
No. 1 of 1883.
DISTRESS FOR RENT.
(4) Before executing such order, however, the bailiff shall inform any person in or about the building that he has such order and that he is about to act on it, unless the doors or windows are opened.
20. The bailiff may impound or otherwise secure the property seized in or on the house or premises chargeable with the rent or may remove the same.
PART II.
DISCHARGE OF AND COMPENSATION FOR WRONGFUL DISTRESS.
21. The debtor, or any other person alleging himself to be the owner of any property seized under this Ordinance, may, at any time within five days from such seizure, on twenty-four hours notice to the person who obtained the warrant and to the bailiff, setting out the facts on which the claim is founded, verified by affidavit, apply to the court to discharge or suspend the warrant or to release a distrained article; and the court may discharge or suspend such war- rant or release such article accordingly, on such terms as it may think just.
22. On any such application, the costs attending it and application attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs...
Wrongful 'distress.
Adjudication
in case of wrongful
distress.
23. If any claim is made to or in respect of any property seized under a distress warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and there- upon any action which may have been brought in respect of such claim shall be, stayed, and the court; on proof of the service of such summons and that the property was so distrained may order the plaintiff to pay the costs of all pro- ceedings in such action after the service of such summons.
24. (1) Every⚫ such claim shall be verified by affidavit setting out the facts on which it is founded.
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