CAP. 7]
Distraint after satisfaction of execution.
Persons allowed to apply for distress warrant.
Right of one of several parties interested to institute proceedings.
Distress for Rent.
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—
(a) executors or administrators of any lessor or landlord or person entitled to receive rents;
(b) guardians for infants;
(c) committees of lunatics for the lunatics;
(d) receivers appointed by courts for the estate over or for which they are appointed;
(e) assignees and trustees in bankruptcy for the estate of the bankrupt;
(f) mortgagees for the property mortgaged, if the mortgagee is in possession;
(g) trustees for the estate over which the trust extends;
(h) lessees against their underlessees;
(i) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person; and
(j) married women, with or without the concurrence of their husbands, for arrears of rent due on property held by them to their sole and separate use.
35. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied : Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or
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CAP. 7]
Distraint after satis- faction of execution.
Persons
allowed to apply for
distress
warrant.
Right of one of several parties
interested to institute proceedings.
Distress for Rent.
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—
.
(a) executors or administrators of any lessor or land-
lord or person entitled to receive rents;
(b) guardians for infants;
(c) committees of lunatics for the lunatics;
(d) receivers appointed by courts for the estate over
or for which they are appointed;
(e) assignees and trustees in bankruptcy for the estate
of the bankrupt;
(f) mortgagees for the property mortgaged, if the
mortgagee is in possession;
(g) trustees for the estate over which the trust extends; (h) lessees against their underlessees;
(i) the Registrar for premises seized under execution,
if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person; and
(j) married women, with or without the concurrence of their husbands, for arrears of rent due on pro- perty held by them to their sole and separate use.
35. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Ordinance may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete dis- charge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied : Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or
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