1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
77
mentioned in section 93, and if no application is made within the prescribed time, the Registrar shall, out of the first money to be received by him from the officer executing the writ or warrant, pay over to the person obtaining the warrant the amount thereof;
Provided that if the amount mentioned in the warrant exceeds the amount due for 6 months' rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more.
(1 of 1883 s. 31 incorporated)
Distraint after satisfaction of execution
105. If any execution is paid off after the issue of a warrant, the bailiff shall immediately execute the warrant.
(1 of 1883 s. 32 incorporated)
Persons who may apply for warrant
106. The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say-
(a) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(b) guardians for infants;
(c) committees of lunatics for the lunatics;
(d) receivers appointed by courts for the estate over or for which they are
appointed;
(e) assignees and trustees in bankruptcy for the estate of the bankrupt; (f) mortgagees for the property mortgaged, if the mortgagee is in possession;
(g) trustees for the estate over which the trust extends;
(h) lessees against their underlessees; and
(i) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.
(1 of 1883 s. 33 incorporated. Amended 72 of 1971 s. 3)
Right of one of several parties interested to institute
proceedings
107. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or otherwise, proceedings under this Part may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied:
1988 Ed.]
Landlord and Tenant (Consolidation)
[CAP. 7
77
mentioned in section 93, and if no application is made within the prescribed time, the Registrar shall, out of the first money to be received by him from the officer executing the writ or warrant, pay over to the person obtaining the warrant the amount thereof;
Provided that if the amount mentioned in the warrant exceeds the amount due for 6 months' rent, the Registrar shall pay the amount of rent due for 6 months and the costs and no more.
(1 of 1883 s. 31 incorporated)
Distraint after satisfaction of execution
105. If any execution is paid off after the issue of a warrant, the bailiff shall immediately execute the warrant.
(1 of 1883 s. 32 incorporated)
Persons who may apply for warrant
106. The following persons may, either personally or by their attorneys or agents, apply for warrants to distrain for arrears of rent due to the estates represented by them; that is to say-
(a) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(b) guardians for infants;
(c) committees of lunatics for the lunatics;
(d) receivers appointed by courts for the estate over or for which they are
appointed;
(e) assignees and trustees in bankruptcy for the estate of the bankrupt; (f) mortgagees for the property mortgaged, if the mortgagee is in possession;
(g) trustees for the estate over which the trust extends;
(h) lessees against their underlessees; and
(i) the Registrar for premises seized under execution, if rented to tenants by the person against whom the execution is issued, or otherwise rented so that the rent is payable to such person.
(1 of 1883 s. 33 incorporated. Amended 72 of 1971 s. 3)
Right of one of several parties interested to institute
proceedings
107. Where a right to distrain accrues to parties jointly interested or together interested in any premises, such as coparceners, joint tenants, tenants in common, executors, administrators, trustees, guardians, partners, or other- wise, proceedings under this Part may be taken by any one of such parties, in his own name and the name or names of those jointly or together interested with him, and the levying of rent so distrained for shall be a complete discharge to the tenant for the rent or for so much thereof as may be so levied; and the party so levying shall be liable to account to the parties having the interest jointly or together with him for all sums so levied:
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