1964_LANDLORD_AND_TENANT_(CONSOLIDATION)_ORDINANCE — Page 79

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78

CAP. 7]

Landlord and Tenant (Consolidation)

[1988 Ed.

Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule)

Removal of property under distraint

(1 of 1883 ss. 34 & 35 incorporated)

108. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.

Following property liable to seizure and removed

(1 of 1883 s. 36 incorporated)

109. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorize the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises:

Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.

(1 of 1883 ss. 37 & 38 incorporated)

Restoration of property removed but bona fide sold

110. If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93.

(1 of 1883 s. 39 incorporated)

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78 CAP. 7] Landlord and Tenant (Consolidation) [1988 Ed. Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule) Removal of property under distraint (1 of 1883 ss. 34 & 35 incorporated) 108. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise. Following property liable to seizure and removed (1 of 1883 s. 36 incorporated) 109. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorize the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building. (1 of 1883 ss. 37 & 38 incorporated) Restoration of property removed but bona fide sold 110. If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93. (1 of 1883 s. 39 incorporated)
Baseline (Original)
78 CAP. 7] Landlord and Tenant (Consolidation) [1988 Ed. Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule) Removal of property under distraint (1 of 1883 ss. 34 & 35 incorporated) 108. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise. Following property liable to seizure and removed (1 of 1883 s. 36 incorporated) 109. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorize the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises: Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building. (1 of 1883 ss. 37 & 38 incorporated) Restoration of property removed but bona fide sold 110. If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93. (1 of 1883 s. 39 incorporated)
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78

CAP. 7]

Landlord and Tenant (Consolidation)

[1988 Ed.

Provided that if, in any particular case, it appears to the court or to the Registrar to be advisable to do so, the court or the Registrar may require the party so applying to produce a written authority to distrain, signed by one or more of the persons jointly or together interested with him. (Amended 50 of 1911; 62 of 1911 Schedule)

Removal of property under distraint

(1 of 1883 ss. 34 & 35 incorporated)

108. No property found at the time of distraint in or on any premises as to which an arrear of rent is due shall be removed from the premises without the consent of the person issuing the warrant, or by direction of the Registrar, until satisfaction is made for the rent due, if the arrear has accrued during the current tenancy, and if at any time the property would have been liable to distraint for rent under this Part; and the landlord or lessor shall be entitled to require the bailiff, on giving the bailiff a sufficient indemnity, to the satisfaction of the Registrar, to follow the property, if removed, and seize the same under the warrant, whether or not the property was afterwards disposed of by the owner by way of sale, exchange, mortgage, pledge, or otherwise.

Following property liable to seizure and removed

(1 of 1883 s. 36 incorporated)

109. If the tenant or lessee or person in possession or occupation of any premises on which there is an arrear of rent due, recoverable by distress, removes or carries away, or causes or permits to be removed or carried away, from the premises any movable property liable to be seized for such rent, so as to prevent or hinder the bailiff from distraining the same, the court may, on application verified by affidavit, authorize the bailiff to whom the warrant to distrain for the rent on such premises is addressed, and the officers acting with him, to follow and to take and seize the property as a distress for the arrears of rent, wherever the same may be found, at any time within 30 days from the day of its removal, exclusive of the day of removal, and to deal with the property so removed in the same way as if it had been found on the premises, and, if advisable to do so, to place the same again in the premises:

Provided that the bailiff may, without such authority, follow and seize any such property found by him in the act of being removed from any such premises, and before the same is placed in any other house or building.

(1 of 1883 ss. 37 & 38 incorporated)

Restoration of property removed but bona fide sold

110. If the property or any part thereof so removed or carried away under section 108 or 109 has been sold bona fide and for a sufficient consideration, before or after removal from the premises distrained, to any person not knowing and not having the means of knowing that the same was liable to distraint for rent, or was removed or carried away, or was to be removed or carried away, so as to prevent or hinder the landlord or lessee from distraining, the same, or so much thereof as has been so sold, shall be restored by the bailiff distraining or by the court on application under section 93.

(1 of 1883 s. 39 incorporated)

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