the-ordinances-of-the-legislative-counci-1890v2 — Page 43

DISTRAINTS FOR RENT. 633
[ 1 or 1883. ]
38. Provided that it shall be lawful for the bailiff, without Seizure of
such authority to follow and seize any such property found by isproperty that
being re
him in the act of being removed frous any such premises, and mored .
before the same is placed in any other house or building:
39. If such property or any part thereof so removed or Property sold
carried away under the circumstances mentioned in sections 36 ma
bonay fide
be
and 37 of this ordinance shall have been sold bonâ fide, and for restored .
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 remove or carried away, or was to be removed or
carried away , so as to prevent or hinder the landlord or lessee
froin distraining the same, or so much thereof as shall have
been so sold , shall not be seized or if seized shall be restored
by the bailiff distraining or by the Court on application under
section 20 of this ordinance.

40. Any tenant or lessee, or person in possession or occn- Fraudulent
pation who shall fraudulently remove or carry away moveable removal.
property as aforesaid, and any person wilfully and knowingly
aiding or assisting such tenant or lessee or person in such
fraudulent removal or carrying away, shall be deemed to be
guilty of a misdemeanour.
41. It shall be lawful for any Police officer to stop and Police may
detain , until due enquiry can be made, all carts, hand carts, stop removal
and carriages, and all persons, engaged between the hours of 8
P.J. and 6 A.M. in removing the furniture of any premises.
Protecting
42. Where any distress shall be made for any sum of money clanse.
to be levied by virtue of this ordinance, the distress itself shall
not be deemed unlawful, nor the party making the same be
deemed a trespasser, on account of any defect or want of form
in the proceeding relating thereto, nor shall the party distraining
be deemed a trespasser from the beginning on account of any
irregularity which shall afterwards be committed by the party
so distraining, but the person aggrieved by such irregularity
may recover satisfaction for the special damages in an action as
provided by section 24 .

PART VII.

General Provision .

43. Nothing herein contained shall be held to apply to rents Exemptions.
due to the Crown .