CAP. 7]
[s. 38 cont.]
Fraudulent removal of property by tenant.
Application of Ordinance.
9 of 1950, Schedule.
(Cap. 97.)
Protection against irregularity in proceedings.
Exclusion of Crown rents.
Power to amend Schedules.
Distress for Rent.
sections 36 and 37 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 21.
39. Any tenant or lessee or person in possession or occupation who fraudulently removes or carries away movable property as aforesaid, and any person who wilfully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanor.
40. The provisions of this Ordinance shall extend to New Kowloon and to any other land exempted from Part II of the New Territories Ordinance, notwithstanding anything contained in that Ordinance.
41. Where any distress is made for any sum of money to be levied by virtue of this Ordinance, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may afterwards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfaction for the special damages in an action as provided by section 25.
42. Nothing in this Ordinance shall be held to apply to rents due to the Crown.
43. It shall be lawful for the Governor in Council to amend the Schedules in any manner whatsoever.
266
CAP. 7]
[s. 38 cont.]
Fraudulent removal of property by tenant.
Application
of Ordinance.
9 of 1950, Schedule.
(Cap. 97.)
Protection against irregularity
in
proceedings.
Exclusion of Crown rents.
Power to amend Schedules.
Distress for Rent.
sections 36 and 37 has been sold bona fide and for a suffi- cient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 21.
39. Any tenant or lessee or person in possession or
occupation who fraudulently removes or carries away movable property as aforesaid, and any person who wil- fully and knowingly aids or assists such tenant or lessee or person in such fraudulent removal or carrying away, shall be deemed to be guilty of a misdemeanor.
40. The provisions of this Ordinance shall extend to New Kowloon and to any other land exempted from Part II of the New Territories Ordinance, notwithstanding any- thing contained in that Ordinance.
41. Where any distress is made for any sum of money to be levied by virtue of this Ordinance, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the proceeding relating thereto, nor shall the party distraining be deemed a trespasser from the beginning on account of any irregularity which may after- wards be committed by the party so distraining, but the person aggrieved by such irregularity may recover satisfac- tion for the special damages in an action as provided by section 25.
42. Nothing in this Ordinance shall be held to apply to rents due to the Crown.
43. It shall be lawful for the Governor in Council to amend the Schedules in any manner whatsoever.
266
No comments yet.
Private notes are available after approval.