the-ordinances-of-the-legislative-counci-1890v3 — Page 387

1670 ORDINANCE No. 1 OF 1883.


Distraints for Rent.


Assignees and trustees in bankruptcy for the estate of the
bankrupt ;


Mortgagees, for the property mortgaged, if the mortgagee is in
possession ;

Trustees, for the estate over which the trust extends ;

Lessees , against their under-lessees ;

The Registrar for premises seized under executions , if rented
to tenants by the person against whom the execution is

issued, or otherwise rented so that the rent is payable to
such person ;


Married women , with or without the concurrence of their hus

hands , for arrears of rent due on property held by them
to their sole and separate use.

Where several 34. Where a right to distrain accrues to parties jointly interested ,
parties inter
ested one of or together interested , in any premises such as coparceners , joint tenants ,
them may
institute tenants in common , executors , administrators , trustees, guardians ,
proceedings.
partners or otherwise, proceedings under 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 levied ; and the parties 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 to the
authority.
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 authority to distrain , signed by one or
more of the persons jointly or together interested with him.

Removal of 36. No property found at the time of distraint in or on any premises ,
property
under as to which an arrear of rent is due , shall be removed from such premises
distraint.
without the consent of the person issuing the distress warrant, or by

direction of the Registrar, till satisfaction 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 Ordi