170
No. 1 of 1883. DISTRESS FOR RENT.
Restoration of property removed but bona fide sold.
Fraudulent removal of tenant.
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.
38. If such property or any part thereof so removed or carried away under the circumstances mentioned in sections 36 and 37 has been sold bonâ fide and for a sufficient 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.
39. Every tenant or lessee or person in possession or property by occupation who fraudulently removes or carries away movable property as aforesaid, and every person who wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanor.
Application of Ordinance.
Ordinance No. 34 of 1910. [s. 24.]
Protection against irregularity in proceedings.
40. The provisions of this Ordinance shall extend to New Kowloon, notwithstanding anything to the contrary contained in the New Territories Regulation Ordinance, 1910.
41. Where any distress is made for any sum of money to be levied by virtue of this Ordinance, the distress itself 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 the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by section 25.
* As amended by No. 8 of 1928 [13.7.28)].
Page 10
Page 11
170
No. 1 of 1883. DISTRESS FOR RENT.
Restoration of property
removed but bona fide
sold.
Fraudulent
removal of
tenant.
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.
38. If such property or any part thereof so removed or carried
away under the circumstances mentioned in sections 36 and 37 has been sold bonâ fide and for a sufficient considera- tion, 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.
39. Every tenant or lessee or person in possession or property by occupation who fraudulently removes or carries away movable Lef. No. 1 of property as aforesaid, and every person who wilfully and 1898, s. 5.] knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanor.
Application
of Ordin-
ance.
Ordinance No. 34 of 1910. [g.v. s. 24.]
Protection against irregularity
in
proceedings.
40. The provisions of this Ordinance shall extend to New Kowloon, notwithstanding anything to the contrary contained in the New Territories Regulation Ordinance, 1910.
41. Where any distress is made for any sum of money to be levied by virtue of this Ordinance, the distress itself 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 the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by section 25.
* As amended by No. 8 of 1928 [13.7.28)].
Page 10Page 11
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