the-ordinances-of-the-legislative-counci-1890v2 — Page 40

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[ 1 of 1883.) DISTRAINTS FOR RENT .

Debtor miy
27. Provided that the debtor may require that the sale shall
select manner take place in any other manner, ihan that directed by the
Registrar, upon giving security for any extra costs or loss
thereby, or that in the Registrar's opinion may be thereby
occasionel
PART V.
Deserted premises where no distress left.
Desertec
premises.
28. Where any immoveable property is held at a rack rent,
or where the rent reserved shall be full three -fouths of the
yearly value of the demised premises , and where neither the
value of the premises by the year, nor the rent payable in respect
of the tenancy by the year, shall exceed three hundred dollars,
if the tenant shall be in arrears for tiro months, and shall desert
the demised premises and leave the same uncultivated or
unoccupied so as no sufficient distress can be had to countervail
the arrears of rent, it shall be lawful for the Court, at the request
of the lessor or landlord or his agent and on information on
oath, to issue its warrant authorizing any bailiff to enter on the
premises, breaking any doors, windows, or gates if necessary ;
and if the premises are found to be deserted with no sufficient
distress therein, to place the same in charge of a bailiff and to
affix a notice thereon, in a conspicuous place, that unless cause
to the contrary be shown before the Court within ten days, the
premises will be given over to the applicant; and if no such
cause be shown, it shall be lawful for the Court, on proof of the
fact of desertion, of non - payment of at least two months rent
last due, of want of sufficient distress, and that the applicant is
the lessor or landlord of the premises or entitled under this
ordinance to a distress warrant, to make an order directing a
bailiff to put the applicant in possession of the premises and the
demise shall become void .
PART VI .
Rules as to distresses.
Arrears of
rent , 29. Arrears of rent may be distrained for after the end or
determination of any term or lease at will, in the same manner
as if such term or lease had not been ended or determined ;
provided that such distress be made during the continuance of
the possession of the tenant from whom such arrears became
due.
Writs in
Crown suits 30. No personal property shall be removed from any pre
and distress
to have
mises under any writ from any Court other than writs in
precedence.
Crown suits, till the claim for rent due to the landlord or
lessor or person entitled to receive the rent, is satisfied ; pro
vided that such claim shall not in any case esceed the amount
due for six months' rent last due.