1923_DISTRESS_FOR_RENT_ORDINANCE__1883 — Page 7

252

No: 1.of 1883.

DISTRESS FOR RENT:

Case of deserted premises, where no

PART V.

DESERTED PREMISES.

29. (1) Where any immovable property is held at a rack rent, or where the rent reserved is full three-fourths of the yearly value of the demised premises, and where neither the distress left. value of the premises by the year, nor the rent payable in respect of the tenancy by the year, exceeds three hundred dollars, if the tenant is in arrears for two months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to coun- tervail the arrears of rent, it shall be lawful for the court, at the request of the lessor or landlord or his agent and on informa- tion upon oath, to issue its warrant authorising any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the premises are found to be deserted with no sufficient distress therein, to place the same in charge of a bailiff and to affix a notice thereon, in a conspicuous place, that, unless cause to the contrary is shown before the court within ten days, the premises will be given over to the applicant.

(2) If no such cause is shown, it shall be lawful for the court, on proof of the fact of desertion, of non- payment of at least two months rent last due, of want of Sufficient distress, and that the applicant is the lessor or landlord of the premises or entitled under this Ordinance to a distress warrant, to make an order directing a bailiff to put the applicant in possession of the premises, and the demise Ishall become void.

Distress for arrears of

rent on

PART VI.

RULES AS TO DISTRESS.

30. Arrears of rent may be distrained for after the end or determination of any term or lease at will, in the same man- determination ner as if such term or lease had not been ended or determined: Provided that such distress is made during the continuance of the possession of the tenant from whom such arrears became due.

of léase:

Priority of landlord's right over

1

31. No personal property shall be removed from any premises under any writ from any court, other than writs in writs, except Crown suits, until the claim for rent due to the landlord or lessor or person entitled to receive the rent is satisfied:

in Crown suits.