72
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Issue of warrant
83. A warrant in Form 2 in the Fifth Schedule may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within 6 days and addressed to a bailiff of the court.
(1 of 1883 s. 9 incorporated. Amended 50 of 1911; 62 of 1911; 20 of 1948 s. 4)
Refusal of warrant
84. The judge or Registrar to whom application is made may, on examination of the person applying for a warrant, decline to issue the same.
(1 of 1883 s. 10 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
Appeal from refusal
85. (1) If a judge declines to issue a warrant, application may be made to the Court of Appeal under section 14 of the Supreme Court Ordinance (Cap. 4). (Amended 92 of 1975 s. 58)
(2) If the Registrar declines to issue a warrant, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.
(1 of 1883 s. 11 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
Time for making distress
86. 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.
(1 of 1883 s. 12 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)
Property liable to seizure
87. In pursuance of a warrant, a bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparent possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress.
(1 of 1883 s. 13 incorporated. Amended 8 of 1928 s. 2)
Property not liable to seizure
88. A bailiff shall not seize-
(a) things in actual use, in the hands of a person at the time of seizure; or
(b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or
(c) goods of a temporary guest at an inn; or
72
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Issue of warrant
83. A warrant in Form 2 in the Fifth Schedule may be issued by a judge or, in the absence of any judge from the court house, by the Registrar, returnable within 6 days and addressed to a bailiff of the court.
(1 of 1883 s. 9 incorporated. Amended 50 of 1911; 62 of 1911; 20 of 1948 5. 4)
Refusal of warrant
84. The judge or Registrar to whom application is made may, on examination of the person applying for a warrant, decline to issue the same.
(1 of 1883 s. 10 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
Appeal from refusal
85. (1) If a judge declines to issue a warrant, application may be made to the Court of Appeal under section 14 of the Supreme Court Ordinance (Cap. 4). (Amended 92 of 1975 s. 58)
(2) If the Registrar declines to issue a warrant, application may be made to a judge in the first instance. A deputy registrar may, however, refer any application to the Registrar.
(1 of 1883 s. 11 incorporated. Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule)
Time for making distress
86. 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.
(1 of 1883 s. 12 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)
Property liable to seizure
87. In pursuance of a warrant, a bailiff shall seize the movable property found in or upon the house or premises mentioned in the warrant, and in the apparant possession of the person from whom the rent is claimed (hereinafter called the debtor), or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the rent, together with the costs of the distress. (1 of 1883 s. 13 incorporated. Amended 8 of 1928 s. 2)
Property not liable to seizure
88. A bailiff shall not seize-
(a) things in actual use, in the hands of a person at the time of seizure; or
(b) tools and implements not in use, where there is other movable property in or upon the house or premises sufficient to cover the amount of the rent and costs; or
(c) goods of a temporary guest at an inn; or
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