the-ordinances-of-the-legislative-counci-1890v3 — Page 385

1668 ORDINANCE No. 1 CF 1883 .


Distraints for Rent.


auctioneer or a bailiff of the Court and such auctioneer or such bailiff

shall on realizing the proceeds, pay over the amount thereof to the Court ,
and such amount shall be applied , first in payment of the costs of the
said distress, and then in satisfaction of the debt ; and the surplus , if any ,
shall be returned to the debtor .
Debtor may
select manner 27. Provided that the debtor may require that the sale shall take
of sale. place in any other manner, than 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 occasioned .

PART V.

Deserted premises where no distress left.
Deserted 28. Where any immoveable property is held at a rack rent, or
premises.
where the rent reserved shall be full three- fourths 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 two

months , and shall desert the demised premises and leave the same uncul
tivated 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 29. Ar ears of rent may be distrained for after the end or deter
rent.
milation of any term or lease at will, in the same manner as if such term