Distress for Rent.
[CAP. 7
the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.
property
distraint.
36. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from such premises without the consent of the person issuing the distress warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time such property would have been liable to distraint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the bailiff, on giving such bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the distress warrant, whether or not such property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.
property
seizure and removed.
37. If the tenant or lessee or person in possession of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, it shall be lawful for the court, on application verified by affidavit, to authorize the bailiff to whom the warrant of distress to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize such property as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that it shall be lawful for the bailiff, 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
Restoration of property removed but bona fide sold.
―
265
Distress for Rent.
[CAP. 7
the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him.
property
distraint.
36. No property found at the time of distraint in or Removal of on any premises as to which an arrear of rent is due shall under be removed from such premises without the consent of the person issuing the distress warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if. the arrear has accrued during the current tenancy, and if at any time such property would have been liable to dis- traint for rent under this Ordinance; and the landlord or lessor shall be entitled to require the bailiff, on giving such bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the distress warrant, whether or not such pro- perty was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.
property
seizure and removed.
37. If the tenant or lessee or person in possession or Following Occupation of any premises on which there is an arrear of liable to rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from dis- training the same, it shall be lawful for the court, on application verified by affidavit, to authorize the bailiff to whom the warrant of distress to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize such property as a distress for the said arrears of rent, wherever the same may be found, at any time within thirty days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that it shall be lawful for the bailiff, 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
Restoration removed but bona fide
of property
sold.
―
265
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