the-ordinances-of-the-legislative-counci-1890v3 — Page 383

1666 ORDINANCE No. 1 OF 1883 .


Distraints for Rent.


Filing of 16. The bailiff shall , as soon as may be, file in the Court copies of
inventory, &c.
the said inventory, appraisement and notice.

Entry. 17. The bailiffs and officers appointed to execute distress warrants
may break open inner doors ; and if denied admittance to any building
as to which they have a warrant to distrain, after declaring their names
and business ; or if, after waiting a reasonable time, no person answers ,
or is in the building, they may apply to the Court for authority to break
open outer doors and windows so far as may be necessary to enable them
to execute the warrant.

Forcible 18. The Court on being satisfied, on the affidavit of one of the
entry.
officers having the warrant for execution , that there are no reasonable
means of executing the warrant without breaking such outer doors or
windows, may grant an order in writing, addressed to a bailiff of the

Court, authorizing him to break open , or have broken open , such doors
and windows. Before executing such order, however, the bailiff shall
inform any persons or person in or about the building, that he has such
order and that he is about to act on it unless the doors or windows are

opened .

Impounding 19. The bailiffs may impound or otherwise secure the property
of property
scized. seized, in or on the house or premises , chargeable with the rent, or may
remove the same.


PART III.


Of application to discharge distresses and of compensation .

Suspension 20. The debtor, or any other person alleging himself to be the
or release of
distress. owner of any property scized under this Ordinance, may, at any time
within five days from such seizure, on twenty - four hours ' notice to the
party who obtained the warrant and to the bailiff, setting out the facts
on which the claim is founded , verified on affidavit, apply to the Court,
to discharge or suspend the warrant or to release a distrained article ;
and the Court may discharge or suspend such warrant or release such
article accordingly, upon such terms as it thinks just.

Costs. 21. Upon any such application , the costs attending it and attending
the issue and execution of the warrant, shall be in the discretion of the

Court, and shall be paid as the Court directs.