CAP. 7]
[s. 6 cont.]
First Schedule.
Limitation of time for issue of warrant.
Distress for Rent.
(2) No fees shall be taken or demanded for such distresses except those set out in the First Schedule.
7. No warrant shall be issued in any case for arrears of rent due for more than twelve months at the time of the application.
Application for warrant.
Form of power of attorney.
Second Schedule. Form 1.
Form of affidavit.
Second Schedule. Form 2.
Issue of warrant.
PART II.
MAKING OF DISTRESS.
8. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for such warrant as is hereinafter mentioned.
9. A power of attorney to an agent authorized to apply for warrants of distress may be either general or for the particular case, and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance.
10. Every application for a warrant shall be supported by an affidavit, sworn in like manner as other affidavits in the court.
11. A warrant may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within six days and addressed to any one of the bailiffs of the court.
Second Schedule. Form 3.
Refusal of warrant.
Appeal from refusal.
(Cap. 4).
Time for making distress.
12. The judge or Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13. (1) If a judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 28 of the Supreme Court Ordinance.
(2) If the Registrar declines to do so, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.
14. Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.
258
CAP. 7]
[s. 6 cont.]
First Schedule.
Limitation
of time for
issue of
warrant.
Distress for Rent.
(2) No fees shall be taken or demanded for such distresses except those set out in the First Schedule.
7. No warrant shall be issued in any case for arrears of rent due for more than twelve months at the time of the application.
Application for warrant.
Form of power of attorney.
Second Schedule. Form 1.
Form of affidavit.
Second Schedule.
Form 2.
Issue of
PART II.
MAKING OF DISTRESS.
8. Any person claiming to be entitled to arrears of rent, or his duly constituted attorney or agent, may apply for such warrant as is hereinafter mentioned.
9. A power of attorney to an agent authorized to apply for warrants of distress may be either general or for the particular case, and shall be exempt from stamp duty, if confined solely to the purpose of giving authority to distrain for rent under this Ordinance.
•
10. Every application for a warrant shall be supported by an affidavit, sworn in like manner as other affidavits in the court.
11. A warrant may be issued by a judge or, in the warrant. absence of any judge from the court house, by the Registrar, returnable within six days and addressed to any one of the bailiffs of the court.
Second
.
Schedule.
Form 3.
Refusal of warrant.
Appeal from refusal.
(Cap. 4).
Time for making distress.
12. The judge or Registrar to whom application is made may, on examination of the person applying for such warrant, decline to issue the same.
13. (1) If a judge declines to issue such warrant, application may be made to the Full Court as provided in cases under section 28 of the Supreme Court Ordinance.
(2) If the Registrar declines to do so, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.
14. Every distress shall be made after sunrise and before sunset, and not at any other time, except by special leave of the court or a judge.
258
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