DISTRINTS FOR RENT ORDINANCE

DISTRINTS FOR RENT ORDINANCE

Distraints for Rent.

No. 1 of 1883.

An Ordinance to consolidate and amend the law, relating, to Distraints for Rent.

[2nd February, 1883.]

WHEREAS it is expedient consolidate and amend the law relating
to distraints for re k,': Be it enacted by the Governor of Hon-
kon. with the advice of the Le.slatve Council thereof, as follows :--

PART L

1. The Supreme Court shall hive jurisdiction to issue warrmts of issuing
of

warrants.
distress for arrears of rent in all cases, without respect `to the value
of
the property on which the rent is to be levied, and without respect to
the amount of rent to be levied.

2. No distress shall. be levied for arrears of rent except under the
provisions of this Ordinance; and guy person, except the bailiffs and
officen acting under this Ordinance, levying or -attempting t'I
evy any

such distress shall, on conviction,: before a Magistrate, be liable to a fine
..'D
R, INANCE No. l OF 1&s3.

a
13istraints for Rent.

not exceeding one hundred- dollars, or to imprisonment for a term not
exceed ing three months in addition to any other liability he may have
incurred by his proceedings.. , .

Bailiffs of the 3., The bailiffs of the Court shall be employed under the
provisions
_ Court to levy
_ -distress; feesof this Ordinance.
` Crown.to the That salaries, allowances and expenses for the bailiffs, and
other
officers employed under this Ordinance, shall be paid out of the general
revenue of the Colony; and all fees collected under this Ordinance f
c~r
' services by such bailiffs and officers, shall be paid into` the general
. revenue of the Colony.

Fees: : , -4. No fees. shall betaken or demanded for such distresses, except
- those allowed by this Ordinance, as set out in schedule A.
` Limitation ~, No warrants shall be issued in any case for arrearg of rent
due
° time. for,more than twelve months at the time of the application.

s

PART U:

. Q f .'the making. -of d'iraints
.

Application $. Any person claiming to be entitled to arrears of rent, or,
hi du,ly-
°rt, constituted attorney or agn, ina apply, for such arran t as is
herein,

. tax
'owers of

7. Powers of attorney to agents .ant ~i.zed:to apply: fir W

ax~nts c~f

attorneys ana 'distxess. may be either general or for the particular -case;
and shall be
agents: : ~ ,y -general p ~

exempt from stamp duty-.if^,;eonfined solely to the purpose, of giving
authority to distrain for rent under this. Ordinance. Sjich powers pbe in
the form in schedule .E or to the like effect.. `

'~.~.t °~ ' v $. Every application for a warrant shall be supported by an
affidavit

`

or declaration which may be according to the form contained in schedule
o~ _to ~ the like effect; such affidavits or declarations miry ~be sworn
ox
Aec~.~e~d. ,ta .in like . manner as ,.other aiKdavits or dedlaratiaps
'Jn. the
x4*1eCourt.

Judge, Regis. 9.-.Warrants according to the form in schedule -G` or-t0
~the ii~ke

tray, or

Deputy Regis- effedt= Way be xissued by ,a Judge of theca Supreme , Court
.or iu ,.the absence

t~ear;-ma3*
issue warxan t. of. any Judge:fwomthe Court House by the,Registrar or a
aDepA

ty Regi~-
tsar returnable within six days addressed to, any ode of the bailiffs pf
the .Court. _ _ ~_ -

me tiane
ORDINANCE No. 1or. 1:83:

Distraints foa Re-

10. The Judge, Registrar; or Deputy-Regstra.r to whom application

is made, may upon examination of the persons: applying for such warrants,
decline to issue the same.

11. If a Judge declines to issue such warrant, application may be Appear..
made to the Full Court as provided in cases under section 1 8 of the
Supreme Court Ordinance, 173. If the Registrar or Deputy Registrar
declines to do so, application may be made to a Judge in the first
instance. The Deputy Registrar may, however, always refer the matter..
to the Registrzr upon any application to such Deputy Registrar.

12. Every distress under this Ordinance shall be made after sunrise
.and before sunset, and not at any other time except by special leave of
the Court or a Judge.

13. In pursuance of the warrant aforesaid, the bailiff shall seize the
moveable propeby. fund in or upon the house or premises mentioned in

the warrant, and i~the apparent possession of the person from whom.
the rent; . ~,Aywe~:. (hereinafter: col;led: the debtors, or such part
thereof
as: tear, %. floe bb:iliff'& ,~udgment, besu.cient~to cover: the amount
of the=
said rat, tcether with the costs of the said d ,distress

t
~~. 1l., shall not seia~.-- -

Refnsal of
warrant.

xirue for

Property that
may be seized.

(a.) Thing* in actual. use; in the hds:of a person-- ,'at the time

of seizure; (b. ~ Tools and implements riot in use, where there is other
moveable property i:m or--upon the house or premises

. : sufficient to cover such amout and cost ;
(c. ) Goods of teriayorary guests. at, an inn;
( d. ) Goods of lodgers at a~ .fuxnished lodging house.;
e. ) The,.de~tor'-s neoessaxy(Weaxag apparel;

(. f; y . G:ao.ds in tne~. c, u;todyaf`. the law ~.9 ~Groods.
de:Ii:vered to.&persQn exercising- a public trade, to
be carried, wrought, worked .up, or managed in: the-way
- of his trade or employ:

15: On seizing any property under section 13, the bailiff shalt

make an inventory- and appraisement of-such property and shall= biewa
cc~y~of such, ni and appraisement* notice in writing according to ; ~~d~
the form in schedu I e D; or, for the like effect; to the debtor or to
any, other
-person upon his behalf, in or upon the said house or premises. . ,
OR DINANCE No. 1 or 1883.

Distraints for Rent.

Filiric, of

16. The bailiff shall; as soon as may be, fl-Ie in the Court copies of

inventory, &c:

the said inventory, apprmsem,ent and notice.

17. The bailiffs. and officers appointed to execute distress warr~.ints
may break open irrner 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 buildinn,they may apply, to the Court for authority to break
open outer doors and windows so fac as rW y 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 R 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 ~brokery open, such doors.
and windows. Before executing such order; however, the bailiff shall
inform any persons or person in or about the building4 that hits such
order and: that he is about to act on it unless the doors or wi lows are

opened:

. 19. The bailiffs may impound or otherwise ep the- ProO~ti,
seized,:,in ortr on- the house or premises, chargeable with flue rent, or
remove the same. .

PART III.

Of application to discharge distresse's and of corrapen.sation.

Suspension 20. The debtor, or any other person alleging himself to be the
err, release of
d,Stxes$; owner of guy property seized under this Ordinance, may, at, any
tine
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 for, 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.
cosh. 2l. Upon any such application, the costs atten dingy it and
attendiri(r
the issue h,nd execution of the warrant, shall be in the discretion of the
Court, and shall be paid as the Court directs. .
O. OF 1$$8.

Distraints fir lent,

22. If any claim be made to, or in respect of; tiny property seized
W-ugful
under a, distress warrant, or in respect of the proceeds or value
thereof, -
by pny person not being the debtor, the Registrar, upon the application
of the bailiff who seized the property, may issue a summons calling before
the Court the claimant and the person who obtained the warrant, and
thereupon any suit which may have been brought in respect of such
claim shall be stayed, and the Court, on the proof of the service of such
summons, and that the property was so distrained, may, order the
plaintiff to pay the costs of all proceedings in such suit after the
service _ ,
of such summons.

23. Every such claim shall be verified by affidavit or declaration
Adjudication
in cuaes of
setting out the facts on which it is founded. When so verified the Court
wrongful
distress,
shall adjudicate thereupon, and snake -such order between the parties in
respect thereof, and of the costs of the proceedings, as it thinks fit;
and.
such order shall be enforced as if it were an order made in a suit brought
in such Court.

24. In any case under sfction 20 or section 22, the Court may, if
a. claim shall have been made therefor at the time of application, and if
it
appears to the ,Court that the landlord or bailiff' had no reasonable
ground
for believrxiO' bat the goods were properly distrainable, award. such

compensation by guy of dam-ages, toy the applicant or claimant has the
case may he) s the Court thinks fit, acrd may for, that purpose make any
enquiry. it, thinks twcessary ; arid sloe order, of the Court, awarding or
refusing such compensation, Azll bar 'any suit in respect of injury caused
by the distress.

;6. The Court nay in its discretion, at any time upon the applica- Tie
allowed
far payment,

tion of,e debtor and upon reasonablnotice being given of tire applica-
tian'to the party who obtained the warrant give time -to the debtor to
pay the rent due from him. upon such terms as it may thinly just and
reason.ribl4,

Caxxxpensa-
Gion for
wrongful

n
PART IV.

Sale of distresses.

26. In dEfault of any otder to the contrary, the distruined property.
Made of sale
shall be sold on the day/im'6ti4ned in the notice of appxaisement and
sale 4 of distresfie~.
hereinbefare referred;~fo, -and such sale shall be conducted at such a
place
and time and by i~ich pcrsou as the Registrar may direct, whether by an
ORDINANCE No. 1 eF 183:

' Distrai~cts for Dent.

Auctioneer or.a bailiff of the Court `and such auctioneer or such
bailifshill 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 and-,
shall be returned to the debtor.
Debtor may 27. Provided that the debtor may require that the sale shall
take
select manner
>t 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 i6.
Registrar's opinion may be thereby occasioned.

FART V.

- Deserted premises where no distress left.

2$. Where any irnmoveable property is held at a rack , rent, or
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
_theyTear, nor the rent payable in respect of 'the tenancy by the year,
shall

emceed three hundred dollars, if the tenant shall be in arrears fort
wa'
months, and shall desert the demised. premises and leave the same uncu1v
:.z
a.
,tiva,ted or unocCUpied so as no sufficient-distress can be had to
-counterva~.
the arrears of rent, it shall be lawful for the Court, at the request of
the
Irssor or landlord or his agent and, on information on oath, to issue its
- warrant authorising any bailiff -to enter on the premises' breaking any
doors, window's, or gates if necessary ; and if the. premises are found
t6-
be deserted with no sufficient distress therein, to place the same in
char'g'e-
of a bailiff and to affik a notice thereon, in a conspicuous place, h~
unless cause to the contrary be shown befoz'ie. the Court within ten
days, ,
the pxcmisRs will be given over to the applicant ; and if no such 'cduse-
~e shoWn, it shall be lawful for the Court, on proof of the fact of
deseqi:ou~
of non-payment of at least two months rent last due, of want of sufficient
c~stress; and that the applicant is the lessor or landlord of ti'he
,preihises
or vutitled under this Ordinance to a distress w'arrant,- to male an ode
dizectino, a bailiff to put the applicant in,possession of the premises
and.--
the demise shall become void.

PART Vi.
Rides as to distresses.
Arrears of 29. Arrears of rent may be distrained for after the end or deter
rent,
miz;a,tioo of any term or lease at will, in the same mangier, as.if such
tern:
ORDINANCE No: 1 0l' 4893.

Dastraints for Rent,

or lease had not been ended or determined; provided that such distress
be made durinb the continuance of the possession of the tenant from- whom

such arrears became due.

30. No personal property shall be removed from any premises Writ.sin

(:town suits

under any writ from any Court other than writs in Crown suits, till the
and (ustro,'

to have

claim for rent due to: the landlord or lessor or person entitled to
receive
the rent, is satisfied; provided that such claim shall not in any case
exceed the amount due for six mouths' rent last-due. -

31. If personal property, otherwise liable to distress for rent, shall,
at the time of the issue of any distress warrant, or thereafter before
seizure by the bailiff under such warrant be seized under any writ or
warrant of the Supreme Court, the said bailiff shall not seize such
personal
property, but shall return the warrant into Court and deliver copies
thereof to the execution creditor. or his agent and to the debtor either
personally or by leaving the same at the place where the foods were
seize, and such execution creditor or debtor or either of them may apply
too the Court to discharbe or suspend the warrant within the tinge and
in .the manner mentioned n~seetion 2(?, and should no such application
be made within the said time, tha Registrar shah, out of the first money
to be received by him from the officer exeeutixaa such.writ or warrant,
pay, aver to the person Ataining such distress warrant ,the amount
thereof, provided that if the amount mentioned in the Tarrant of distress
shall exceed t~e4'a~-,so,unt due fob six months rent, the lle(ristrar
shall pay
the amount of rent due or site months and the costs and no more.

32. If any execution shall. be paid off after issue of a warrant of
distress, the bailiff shall immediately execute the warrant of distress.

33. The following persons may; personally or 'by their attorneys persons

allowed to

or agents, apply for warrants to distrain for arrears of rent due to the
apply for

distraint:.

estates represented by them, that is to say
:--

I:xecutors or administrators of an^ lessor or landlord or person _
entitled to receive rents ;

Guardians for infants, committees of lunatics for the lunatics;

Receivers appointed by Courts for the estate over car for which
. they are appointed;

Property

seized under
writ or
arrant. of
Supreme
Court.

If excatttion
satisfied,
distress
warrant may
be executed..
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 oiler 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 bus -
hands, for arrears of rent due !on property held lay then
to their sole and separxtte use.

Where several
parties, inter-

eat etl crow of'

them 'I

prcosueu;ling~;: ,

34. Where ~, right to distrain accrues to parties jointly interesed,
or together interested, in any premises suck as coparceners, joint
tenants,
tenants in common, executors,, administrators, trustees, guar,dians;4
partners' or otherwise; proceedings under this Ordinance may be taken ~byv
any one: of such parties', in his own name and the name or names of those-
j1 o, tooether interested with bitn and the lev ino- of rent so 'dis-,
6intly r g y 0
trained for shall be -a cQFnplete cliacb:arMe to the tenant, for the
rent, or
for so much thereof as may he so eI vIied ; and the partjw.%ooleVY' sha,Il`
be liable to account to the pa.rt.ies havino, the inte;t jointly or
together
with them for all sums so levzed:

~ianot# 35. Provided that if it should, in any particular.case, appear to
the
t~ourtg or fo the Registrar or Deputy' liegistrar, to be advisable so to
do,
the Court oz' P e(;tstrar or Deputy Registrar may require the party so
applyin(,,P, to produce a written authority to distrain, signed by one or
woye~of.the persons ,jointlw or touether~interested with him. ,
36. \'o property fuund'at the tirrie of distraiot in or on any premises,

pmjyeity
as to which an' arrear of rent is due, shall be removed from such*premises
.~e~e~,~. without the consent of the person issuing the distress warrant,
or 'by
direction of the Registrar, till s atisfaction is made, for the rent due
if the
afrear bas accrued during the current tenancy, antl,if at any time such
property would ,11aN-e been liable to distraint for rent nroder thin Urdi-
QIiDINANCE 1\o. 1 off' 1-883.

Distraints for Rent.

nance ; and the landlord or lessor shall be entitled to- require the
bailiff
upon giving such bailiff a sufficient indemnity to the satisfaction of the
Reaistrar to follow the property if removed, and seize the same under the
distress warrant, whether or not such property was 'afterwards disposed
of by the owner by way of sale, exchange, mortgage, pledge or otherwise.

37. If the tenant or lessee, or person in possession or occupation, of
any premises on which there is ail arrear of rent due, recoverable by
distress, shall 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 hinc'r the bailiff from distraining the
same, it shall be 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 actinn 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 lilt had been found on the premises, and if advisable so to do, to
place
t-he' same again in the premises.

Removal of
pro ertv
-*liabl~e to dis-
traint.

38. Provided that it' shall be lawful for the bailiff,' without such
seizure at

authority to fallow and seize any, such property found b y him in the act
. be xtoht
of being.wemved froth any.such preihises, and before the same is placed
moved.

in any other hous1'buildfng

9: If such property or any part thereof so removed or carrl.ed away
under the circumstances mentioned ;in sections 36 and 37 of 'this Ordi-
nance shall. have been sold bond,fide; and for 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 'rend,: ur vas removed or carried away, or was to be
removed
or carried away, so as to prevent or hinder the landlord or lessee from
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 occupation who
Fraudulent
shall fraudulently remove or carry avPa~ moveable properly as aforesaid,
removal.

Property sold
bondfade
may be
restored.
ORDINANCE No. 1 0F 1~88-3.

Distrairctsfor went.

'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.

w

Police may 41. It shall be lawful for any Police officer to stop and
detain, until
stop removal due enquiry can be made all carts hand carts and carriages
and all
of furnitmc
persons, engaged between the hours of $ P.m. and 6 A.M. in removing the
furniture of any premises.

Protectino

clause.

4?. Nt'here any distress shall be made for any sum of money 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 distraininb, but the person aggrieved by such irregularity
may recover.satisfaction for the special damages in an action as provided
by section 24.

PART VIL

General Provision.

E~p' tiQns, 43. IN othing herein contained shall be held to a.4T_ * rents
due to

the Crown.

44.~ The word,,,' Court-' or the words ':Supreme Count' as Used in
this Ordinance shall mean unless otherwise expressed The Supreme Court
i~ its Summary Jurisdiction. w

Suspending . f45. This Ordinance shall come into operat'_on on a day to
be here-
after proclaimed by the Governor.
ORDINANCE No. ' 1.

Distraints for Deal.

A:

Scale of fees to be levied in distraints for rent.

Affidavits,
Sums sued for. warrant to
distrain,
notices. &c.

and under 5 dollars.

5 , 10
10 20
20 30
30 40
40 50
50 75
75 100
100 250
250 500
above 500

2n the- Supreme Court .

. . .e

that't. ;'

is justly in'

-of the hoes p6raiees No.

c.
0.25
1,00
2.00
3.00
4.00
5.00
6.00
7.50
10.00
15.00
15.00

Order to
sell: Commission.

0.25
0.50
1.00
d 1,50
2.00
2.50
3.75
5.00
$1 for every
$20 or part
cf $20.

The above kale is intended to include all expenses; except in suits where
the
tenint- disputes 1'h6 landlord's claim, aid 'wibnessee haTei to be
subpoenaed, in which
case eacksubpcena must be paid for at 25 cents; where watohroen are kept
in charge
of property tlistrained, 25. cents per, day mast be` paid per man,; where
property .is
removed and stored, the- necessary ;expenses to be fixed by the Registrar
must be paid..

,Poof -,wit for distress,

in-the sum of -dollars
situated at

due for : moths, to wit from ~ to
.. of dol,hL. - per niensem.

Swo= betprsame the day of

in the

A.B. (plaintiff)

versus

C. D. (defendant;

rnaketh oath and saitlx

for arrears of rent

' at the.. rate
To

ORDINANCE No. I of 1883:

Distraints for Rent.

Form of warrant.

In the Supreme Court.

I hereby direct you t9 distrain the goods and chattels on the premises of
AX_
situate in ire the for the sum of

dollars, being the amount of months' rent due to C.D. for the same
on the. dap of last, according to the provisions of the Distraint for
Rent Ordinance, 18$3.

Before proceeding.to distraint under this warrarit, you shall demand
payment of
the amount endorsed hereon.

Dated day of

by the Registrar or Deputy Registrar bf the Supreme Court.
I f,

E. F. W

Sworn bailiff and appraiser.

In the Supreme Court,

1$
. (Signed and sealed),

.Form of inventory artd-notice:

(Summary Jurisdxctioz~.j

'.Calve notice that Lhawe this;, day, seized .the goods arid chattels
contained in't

ra'~ove -i,nventorp and ~apprai.sement, for, the: sum of dollars, being the
amount -of :months' -rent duo to C.D, oi~;:` last arid that unlessy
you, pay ,that amount together with the costs of this distress;: within
five days from the
date heiepf, or obtain an order from the Court to the 0, ry, the same will
be sold
on the day .of 18~ , ' uant to the provisions of the

Distraint for Rent Ordinance, 1883.

(Signed) :E.F.
Swornbaiiiff and appraiser:

.Form of Power of- Attorney',to dastrain.
' Ir(o~` we), A.B. do hereby authorize C.D. to-be my (our) agent to act
fr me (us)-
,

iu distxaining, under the Distraint for Rent Ordinance, 1883, for (a11)
the arrears of rent
now due to. me (us) (or to be hereafter due) on property situated in
(here. describes
property), as to which Z am. (we are) entitled to distrain as (Owner,
-Lessee, Trustee,-
,Guardian, &c.) alone (or together with .E.:F: j &c. ~ .
Dated

(Signed) A.B.

fIn force from the 1 st March,, 1883, under proelamation.2Tth. February,
1883.
1663

Preamble.
Issuing of warrants.
Penalty on unauthorized persons.
1664
Bailiffs of the Court to levy distress; fees to go to the Crown.
Fees.
Limitation of time.
Application for warrant.
Powers of attorneys and agents.
Affidavit.
Judge, Registrar, or Deputy Registrar, may issue warrant.
1665
Refusal of warrant.
Appeal.
Time for distress.
Property that may be seized.
Property that cannot be seized.
Inventory.
[*and]
1666
Filing of inventory, &c.
Entry.
Forcible entry.
Impounding of property seized.
Suspension or release of distress.
Costs.
1667
Wrongful distress.
Adjudication in case of wrongful distress.
Compensation for wrongful distress.
Time allowed for payment.
Mode of sale of distresses.
1668
Debtor may select manner of sale.
Deserted premises.
Arrears of rent.
1669
Writs in Crown suits and distress to have precedence.
Property seized under writ or warrant of Supreme Court.
If execution satisfied, distress warrant may be executed.
Persons allowed to apply for distraint.
1670
Where several parties interested one of them may institute proceedings.
Production of authority.
Removal of property under distraint.
1671
Removal of property liable to distraint.
Seizure of property that is being removed.
Property sold bond fide may be restored.
Fraudulent removal.
1672
Police may stop removal of furniture.
Protecting clause.
Exemptions.
Interpretation clause.
Suspending clause.

1663

Preamble.
Issuing of warrants.
Penalty on unauthorized persons.
1664
Bailiffs of the Court to levy distress; fees to go to the Crown.
Fees.
Limitation of time.
Application for warrant.
Powers of attorneys and agents.
Affidavit.
Judge, Registrar, or Deputy Registrar, may issue warrant.
1665
Refusal of warrant.
Appeal.
Time for distress.
Property that may be seized.
Property that cannot be seized.
Inventory.
[*and]
1666
Filing of inventory, &c.
Entry.
Forcible entry.
Impounding of property seized.
Suspension or release of distress.
Costs.
1667
Wrongful distress.
Adjudication in case of wrongful distress.
Compensation for wrongful distress.
Time allowed for payment.
Mode of sale of distresses.
1668
Debtor may select manner of sale.
Deserted premises.
Arrears of rent.
1669
Writs in Crown suits and distress to have precedence.
Property seized under writ or warrant of Supreme Court.
If execution satisfied, distress warrant may be executed.
Persons allowed to apply for distraint.
1670
Where several parties interested one of them may institute proceedings.
Production of authority.
Removal of property under distraint.
1671
Removal of property liable to distraint.
Seizure of property that is being removed.
Property sold bond fide may be restored.
Fraudulent removal.
1672
Police may stop removal of furniture.
Protecting clause.
Exemptions.
Interpretation clause.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/427

1890

v3

No. 1 of 1883

12