the-ordinances-of-the-legislative-counci-1890v2 — Page 42

632 [ 1 of 1883. ] DISTRAINTS FOR RENT.

Where several 34. Where a right to distrain accrues to parties jointly
Partiesonein ter
of interested, or together interested, in any premises such as co
them may parceners, joint tenants, tenants in common , executors, adminis.
institute
proceedings. trators, trustees, guarilians, partners or otherwise, proceedings
un ler this ordinance 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 dis
trained for shall be a complete discharge to the tenant, for the
rent, or for so much thereof as may be so levieil; and the par
ties so levying shall be liable to account to the parties having
the interest jointly or together with them for all sums so levied.
Production of 35. Provided that if it should , in any particular case, appear
authority.
to the Court or to the Registrar or Deputy Registrar, to be
advisable so to do, the Court or Registrar or Deputy Registrar
may require the party so applying to produce a written author
ity to distrain , signed by one or more of the persons jointly or
together interested with him .
Removal of
property
36. No property found at the time of distraint in or on any
under premises, as to which an arrear of rent is dne, shall be removed
distraint.
front such premises without the consent of the person issuing
the distress warrant, or by direction of the Registrar, till satis
faction is made, for the rent due if the arrear has accrued during
the current tenancy , and if at any time such property would
have been liable to distraint for rent under this ordinance ; and
the landlord or lessor shall be entitled to require the bailiff
upon giving such bailift a sufficient in lemnity to the satisfaction
of the Registrar to follow the property if removed, and seize
the same under the distress warrant, whether or not sucli pro
perty was afterwards disposed of by the owner by way of sale ,
exchange, mortgage, pledge or otherwise.
Removal of 37. If the tenant or lessec, or person in possession or
liable to dis- occupation, of any premises on which there is an arrear of rent
traint.
due, recoverable by distress, slall remove, carry away, or cause
or permit to be removed or carried away from the premises any
moveable property liable to be seized for such rent, so as to
prevent or hinder the bailiff' from distraining the same, it shall
De lawful for the Court, on application verified by affidavit, to
authorize the bailiff , to whom the warrant of distress to distrain
for the rent on such premises is addressed and the officers acting
with him , to follow, and to take and seize such goods and
chattels, as a distress for the said arrears of rent, wherever the
same may be found , at any time within thirty days from the
day of their removal, exclusive of the day of removal, and to
deal with the said moveable property so removed in the same
way as if it had beea found on the premises, and if advisable so
to do, to place the sime again in the premises.