the-ordinances-of-the-legislative-counci-1890v2 — Page 37

DISTRAINTS FOR RENT, [ 1 of 1883. ] 027

to the purpose of giving authority to distrain for rent under
this ordinance. Such powers may be in the form in schedule
E or to the like effect.
8. Every application for a warrant shall be supported by an Ailidavit.
affidavit or declaration which may be according to the form
contained in schedule B or to the like effect ; such affidavits or
declarations may be sworn or declared to in like manner as
other affidavits or declarations in the Supreme Court.
9. Warrants according to the form in schedule C or to the trar,
Julge.or
Rekis.
like effect may be issued by a Judge of the Supreme Court or Deputy Regis.
in the absence of any Judge from the Court House by the issue
trar,may
warrant.
Registrar or a Deputy Registrar returnable within six days
addressed to any one of the bailifts of the Court.
10. The Judge, Registrar, or Deputy Registrar to whom Refuxal of Warrant.
application is made, may upon examination of the persons
applying for such warrants, decline to issue the same.
11. If a Judge declines to issue such warrant, application Appeal.
may be made to the Full Court as provided in cases under
**",12 of
section 18 of the Supreme Court Ordinance, 1873. * If the 1873.1
Registrar or Deputy Registrar declines to do so , application
may be made to a Judge in the first instance.. The Deputy
Registrar may, however, always refer the matter to the Regis
trar upon any application to such Deputy Registrar.
12. Every distress under this ordinance shall be made after distress
Time for,
sunrise and before sunset, and not at any other time except by
special le :ive of the Court or a Judge.
13. In pursuance of the warrant aforesaid, the bailiff shall Property that
seize the moveable property found in or upon the house or may be seizerl.
premises mentioned in the warrant, and in the apparent pos
session 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 said rent ,
together with the costs of the said distress.
14. The bailiff' shall not seize : Property that
( n .) Things in actual use, in the hands of a person at the cannot in
tiine of seizure ;
( 6. ) Tools and implements not in use, where there is other
moveable property in or upon the house or pre
mises sufficient to cover such amount and costs ;
( c. ) Goods of temporary guests at an inn ;
( d .) Goods of lodgers at a furnished lodging house ;
( e. ) The debtor's necessary wearing apparel ;
( f. ) Goods in the custody of the law ;
( 9.) Goods delivered to a person exercising a public trade,
to be carried, wrought, worked up , or managed in
the way of his trade or employ.