166
Power to allow time
for payment of rent.
Mode of sale of distress.
[cf. ss. 17 & 18, ante.]
Right of debtor as to manner of sale.
Case of deserted premises, where no
distress left. [cf. 11 Geo.
2, c. 19, s.
16 and 57
Geo. 3, c.
52.]
No. 1 of 1883. DISTRESS FOR RENT.
(2) The order of the court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.
26. The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable.
PART IV.
SALE OF Distress.
27.—(1) In default of any order to the contrary, the distrained property shall be sold on the day mentioned in the notice of appraisement and sale hereinbefore referred to, and such sale shall be conducted at such place and time and by such person as the Registrar may direct, whether by an auctioneer or by a bailiff of the court.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
28. Provided that the debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
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 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 countervail the arrears of rent, it shall be lawful for the court, at the request of the lessor or landlord or his agent and on information upon oath, to issue its warrant
166
Power to allow time
for payment of rent.
Mode of sale of distress.
[cf. ss. 17 & 18, ante.]
Right of debtor as to manner of sale.
Case of deserted premises, where no
distress left. [cf. 11 Geo.
2, c. 19, s.
16 and 57
Goo. 3, c.
52.]
No. 1 of 1883. DISTRESS FOR RENT.
(2) The order of the court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.
26. The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable.
PART IV.
SALE OF Distress.
27.—(1) In default of any order to the contrary, the dis- trained property shall be sold on the day mentioned in the notice of appraisement and sale herein before referred to, and such sale shall be conducted at such place and time and by such person
the Registrar may direct, whether by an auctioneer or by a bailiff of the court.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
28. Provided that the debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
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 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 countervail the arrears of rent, it shall be lawful for the court, at the request of the lessor or landlord or his agent and on information upon oath, to issue its warrant
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