Distress for Rent.
[CAP. 7
property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such summons.
24. (1) Every such claim shall be verified by affidavit Adjudication setting out the facts on which it is founded.
(2) When so verified the court shall adjudicate thereupon, and make such order between the parties in respect thereof, and of the costs of the proceedings, as it thinks fit.
(3) Such order shall be enforced as if it were an order made in an action brought in the court.
in case of wrongful distress.
sation for distress.
25. (1) In any case under section 21 or 23, the court Compen- may, if a claim has been made therefor at the time of application, and if it appears to the court that the landlord or bailiff had no reasonable ground for believing that the goods were properly distrainable, award such compensation by way of damages to the applicant or claimant, as the case may be, as the court thinks fit, and may for that purpose make any inquiry it thinks necessary.
(2) The order of the court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.
26. The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable.
PART IV.
MODE OF SALE OF DISTRESS.
Power to for payment allow time of rent.
sale of 27. (1) In default of any order to the contrary, the Mode of distrained property shall be sold on the day mentioned in distress. the notice of appraisement and sale hereinbefore referred
261
:
Distress for Rent.
[CAP. 7
property, may issue a summons calling before the court the claimant and the person who obtained the warrant, and thereupon any action which may have been brought in respect of such claim shall be stayed, and the court, on proof of the service of such summons and that the property was so distrained, may order the plaintiff to pay the costs of all proceedings in such action after the service of such
summons.
24. (1) Every such claim shall be verified by affidavit Adjudication setting out the facts on which it is founded.
(2) When so verified the court shall adjudicate there- upon, and make such order between the parties in respect thereof, and of the costs of the proceedings, as it thinks fit.
(3) Such order shall be enforced as if it were an order made in an action brought in the court.
in
case of
wrongful distress.
sation for
distress.
25. (1) In any case under section 21 or 23, the court Compen- may, if a claim has been made therefor at the time of applica- wrongful tion, and if it appears to the court that the landlord or bailiff had no reasonable ground for believing that the goods were properly distrainable, award such compensation by way of damages to the applicant or claimant, as the case may be, as the court thinks fit, and may for that purpose make any inquiry it thinks necessary.
(2) The order of the court awarding or refusing such compensation shall bar any action in respect of injury caused by the distress.
26. The court may, at any time, on the application of the debtor and on reasonable notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the rent due from him, on such terms as it may think just and reasonable.
PART IV.
MODE OF SALE OF DISTRESS.
Power to for payment
allow time
of rent.
sale of
27. (1) In default of any order to the contrary, the Mode of distrained property shall be sold on the day mentioned in distress. the notice of appraisement and sale hereinbefore referred
261
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