74
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Discharge of Warrant
Discharge or suspension of warrant or release of distress
93. (1) The debtor, or any other person alleging himself to be the owner of any property seized under this Part, may, at any time within 5 days from such seizure, apply to the court to discharge or suspend the warrant or to release a restrained article; and the court may discharge or suspend the warrant or release the article, on such terms as it may think just.
(2) An applicant under subsection (1) shall give to the person who obtained the warrant and the bailiff who executed it 24 hours' notice of the application. The notice shall set out the facts on which the claim is founded and the facts shall be verified by affidavit.
(1 of 1883 s. 20 incorporated)
Costs of application
94. The costs attending an application under section 93 and the costs attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs.
Wrongful distress
(1 of 1883 s. 21 incorporated)
95. If any claim is made to or in respect of any property seized under a warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the 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.
(1 of 1883 s. 22 incorporated)
Adjudication in case of wrongful distress
96. (1) Every claim under section 95 shall be verified by affidavit setting out the facts on which it is founded. (Amended 51 of 1911)
(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) An order under subsection (2) shall be enforced as if it were an order made in an action brought in the court.
(1 of 1883 s. 23 incorporated)
Compensation for wrongful distress
97. (1) In any case under section 93 or 95, the court may, if a claim for compensation is made at the time of application, and if it appears to the court
Page 75
Page 76
74
CAP. 7]
Landlord and Tenant (Consolidation)
[1988 Ed.
Discharge of Warrant
Discharge or suspension of warrant or release of distress
93. (1) The debtor, or any other person alleging himself to be the owner of any property seized under this Part, may, at any time within 5 days from such seizure, apply to the court to discharge or suspend the warrant or to release a restrained article; and the court may discharge or suspend the warrant or release the article, on such terms as it may think just.
(2) An applicant under subsection (1) shall give to the person who obtained the warrant and the bailiff who executed it 24 hours' notice of the application. The notice shall set out the facts on which the claim is founded and the facts shall be verified by affidavit.
(1 of 1883 s. 20 incorporated)
Costs of application
94. The costs attending an application under section 93 and the costs attending the issue and execution of the warrant shall be in the discretion of the court, and shall be paid as the court directs.
Wrongful distress
(1 of 1883 s. 21 incorporated)
95. If any claim is made to or in respect of any property seized under a warrant, or in respect of the proceeds or value thereof, by any person not being the debtor, the Registrar, on the application of the bailiff who seized the 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.
(1 of 1883 s. 22 incorporated)
Adjudication in case of wrongful distress
96. (1) Every claim under section 95 shall be verified by affidavit setting out the facts on which it is founded. (Amended 51 of 1911)
(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) An order under subsection (2) shall be enforced as if it were an order made in an action brought in the court.
(1 of 1883 s. 23 incorporated)
Compensation for wrongful distress
97. (1) In any case under section 93 or 95, the court may, if a claim for compensation is made at the time of application, and if it appears to the court
Page 75Page 76
No comments yet.
Private notes are available after approval.