DISTRESS FOR RENT.
No. 1 of 1883.
253
Provided that such claim shall not in any case exceed the amount due for six months rent last due.
seized under Court.
32 (1) If personal property, otherwise liable to distress for rent, is, at time of the issue of any distress warrant or writ or thereafter before seizure by the bailiff under such warrant, seized under any writ or warrant of the Supreme Court, the said bailiff shall not seize such personal property, but shall return the warrant into court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized....
(2) Such execution creditor or debtor or either of them may apply to the court to discharge or suspend the warrant within the time and in the manner mentioned in section 21, and if no such application is made within the said time, the Registrar shall, out of the first money to be received by him from the officer executing such writ or warrant, pay over to the person obtaining such distress warrant the amount thereof. Provided that if the amount mentioned in the distress warrant exceeds the amount due for six months rent, the Registrar shall pay the amount of rent due for six months and the costs and no more.
33. If any execution is paid off after the issue of a distress warrant, the bailiff shall immediately execute the distress warrant.
34. The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say,
(1) executors or administrators of any lessor or landlord or person entitled to receive rents;
(2) guardians for infants;
(3) committees of lunatics for the lunatics;
(4) receivers appointed by courts for the estate over or for which they are appointed;
(5) assignees and trustees in bankruptcy for the estate of the bankrupt;
(6) mortgagees for the property mortgaged, if the mortgagee is in possession;
(7) trustees for the estate over which the trust extends;
(8) lessees against their underlessees;
DISTRESS FOR RENT.
No. 1 of 1883.
253
Provided that such claim shall not in any case exceed the amount due for six months rent last due.
seized under
Court.
32 (1) If personal property, otherwise liable to distress Property for rent, is, at time of the issue of any distress warrant or writ or thereafter before seizure by the bailiff under such warrant, warrant of seized under any writ or warrant of the Supreme Court, the Supreme said bailiff shall not seize such personal property, but shall return the warrant into court and deliver copies thereof to the execution creditor or his agent and to the debtor, either personally or by leaving the same at the place where the goods were seized....
(2) Such execution creditor or debtor or either of them may apply to the court to discharge or suspend the warrant within the time and in the manner mentioned in section 21, and if no such application is made within the said time, the Registrar shall, out of the first money to be received by him from the officer executing such writ or warrant, pay over to the person obtaining such distress warrant the amount there- of Provided that if the amount mentioned in the distress warrant exceeds the amount due for six months rent, the Registrar shall pay the amount of rent due for six months and
the costs and no more.
33. If any execution is paid off after the issue of a distress Distraint warrant, the bailiff shall immediately execute the distress after
warrant.
satisfaction of execution.
apply for
34. The following persons may, either personally or by Persons their attorneys or agents, apply for warrants to distrain for allowed to arrears of rent due to the estates represented by them; that distress is to say,
(1) executors or administrators of any lessor or landlord or person entitled to receive rents;
(2) guardians for infants;
(3) committees of lunatics for the lunatics;
(4) receivers appointed by courts for the estate over or for
which they are appointed;
(5) assignees and trustees in bankruptcy for the estate of the bankrupt
(6) mortgagees for the property mortgaged, if the mort- gagee is in possession;
(7) trustees for the estate over which the trust extends; (8) lessees against their underlessees;
warrant.
No comments yet.
Private notes are available after approval.