DISTRESS FOR RENT.
No. 1 of 1883.
163
warrant.
11. A warrant according to Form No. 3 in the Second Schedule or to the like effect may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within six days and addressed to any one of the bailiffs of the court.
Second Schedule. Form No. 3.
warrant,
12. The judge or Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13.—(1) If a judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 23 of the Supreme Court Ordinance, 1873.
(2) If the Registrar declines to do so, application may be made to a judge in the first instance. A Deputy Registrar may, however, refer any application to the Registrar.
14. Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.
refusal. Ordinance No. 3 of 1873.
Time for making distress.
liable to
*
15. In pursuance of the warrant aforesaid, the bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person or firm from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
16. The bailiff shall not seize—
Property not liable to seizure.
(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
* As amended by No. 8 of 1928 [13.7.28].
DISTRESS FOR RENT.
No. 1 of 1883.
163
warrant.
11. A warrant according to Form No. 3 in the Second Form and Schedule or to the like effect may be issued by a judge or, in
judge or, in issue of the absence of any judge from the court house, by the Registrar, returnable within six days and addressed to any one of the bailiffs Second of the court.
Schedule. Form No. 3.
warrant,
12. The judge or Registrar to whom application is made Refusal of may, on examination of the person applying for such warrant, decline to issue the same.
13.—(1) If a judge declines to issue such warrant, applica- Appeal from tion may be made to the Full Court as provided in cases under section 23 of the Supreme Court Ordinance, 1873.
(2) If the Registrar declines to do so, application may be made to a judge in the first instance. A Deputy Registrar may, however, refer any application to the Registrar.
14. Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.
refusal. Ordinance No. 3 of 1873.
Time for making distress.
liable to
*
15. In pursuance of the warrant aforesaid, the bailiff shall Property seize the movable property found in or upon the house or seizure. premises mentioned in the warrant, and in the apparent possession of the person or firm from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
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
* As amended by No. 8 of 1928 [13.7.28].
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