1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
75
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 compensation under subsection (1) shall bar any action in respect of injury caused by the distress.
(1 of 1883 s. 24 incorporated)
Power to allow time for payment of rent
98. 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.
(1 of 1883 s. 25 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)
Sale of Distress
Mode of sale of distress
99. (1) In default of any order to the contrary, the distrained property shall be sold on the day mentioned in the notice given under section 89 and the sale shall be conducted at such place and time and by such auctioneer or bailiff as the Registrar may direct.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
(1 of 1883 s. 26 incorporated)
Right of debtor as to manner of sale
100. The debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
(1 of 1883 s. 27 incorporated)
Deserted Premises
Case of deserted premises, where no distress left
101. (1) If a tenant of premises with a rateable value not exceeding $30,000 at the time of an application for a warrant under this section is in arrears for 2 months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, the court may, on the application of the lessor or landlord or his agent and on information upon oath, issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the
1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
75
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 compensation under subsection (1) shall bar any action in respect of injury caused by the distress.
(1 of 1883 s. 24 incorporated)
Power to allow time for payment of rent
98. 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.
(1 of 1883 s. 25 incorporated. Amended 50 of 1911; 62 of 1911 Schedule)
Sale of Distress
Mode of sale of distress
99. (1) In default of any order to the contrary, the distrained property shall be sold on the day mentioned in the notice given under section 89 and the sale shall be conducted at such place and time and by such auctioneer or bailiff as the Registrar may direct.
(2) The auctioneer or bailiff shall, on realizing the proceeds, pay over the amount thereof to the court, and such amount shall be applied first in payment of the costs of the distress, and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor.
(1 of 1883 s. 26 incorporated)
Right of debtor as to manner of sale
100. The debtor may require that the sale shall take place in any other manner than that directed by the Registrar, on giving security for any extra costs or loss thereby, or that, in the opinion of the Registrar, may be thereby occasioned.
(1 of 1883 s. 27 incorporated)
Deserted Premises
Case of deserted premises, where no distress left
101. (1) If a tenant of premises with a rateable value not exceeding $30,000 at the time of an application for a warrant under this section is in arrears for 2 months and deserts the demised premises and leaves the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, the court may, on the application of the lessor or landlord or his agent and on information upon oath, issue its warrant authorizing any bailiff to enter on the premises, breaking any doors, windows, or gates, if necessary; and, if the
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