DISTRESS FOR RENT.
No. 1 of 1883.
167
authorizing 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 shall become void.
PART VI.
RULES AS TO DISTRESS.
arrears of
rent on
30. Arrears of rent may be distrained for after the end or Distress for determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined: determina- Provided that such distress is made during the continuance of the tion of lease. possession of the tenant from whom such arrears became due.
31. No personal property shall be removed from any premises Priority of writ from any court, other than writs in Crown suits, right over under any until the claim for rent due to the landlord or lessor or person writs, except entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for six months' rent last due.
landlord's
in Crown suits.
[cf. 8 Anne c. 18.*]
seized under writ or
warrant of
Court.
32.-(1) If personal property, otherwise liable to distress for Property rent, is, at the time of the issue of any distress warrant or there- after before seizure by the bailiff under such warrant, seized under any writ or warrant of the Supreme Court, the said bailiff shall Supreme 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
Commonly printed as Chapter XIV.
DISTRESS FOR RENT.
No. 1 of 1883.
167
authorizing 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 shall become void.
PART VI.
RULES AS TO DISTRESS.
arrears of
rent on
30. Arrears of rent may be distrained for after the end or Distress for determination of any term or lease at will, in the same manner as if such term or lease had not been ended or determined: determina- Provided that such distress is made during the continuance of the tion of lease. possession of the tenant from whom such arrears became due.
31. No personal property shall be removed from any premises Priority of writ from any court, other than writs in Crown suits, right over under any until the claim for rent due to the landlord or lessor or person writs, except entitled to receive the rent is satisfied: Provided that such claim shall not in any case exceed the amount due for six months' rent last due.
landlord's
in Crown suits.
[cf. 8 Anne c. 18.*]
seized under writ or
warrant of
Court.
32.-(1) If personal property, otherwise liable to distress for Property rent, is, at the time of the issue of any distress warrant or there- after before seizure by the bailiff under such warrant, seized under any writ or warrant of the Supreme Court, the said bailiff shall Supreme 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
Commonly printed as Chapter XIV.
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