Section 0

An Act to regulate Distresses for Rents in the Presidency Towns. F O R the purpose of regulating distresses for rents Preamble. in the Towns of Calcutta, Madras and Bombay ; It is hereby enacted as follows :- .r. Preliminary. I. This Act may be called "The Distress Act, shalt title. 1875," and it shall come into force at once. Commence. Commence. ment. It extends to every place within the local limits Local extent. of the ordinary original civil jurisdictions of the High Courts of Judicature at Fort William, Madras and Bombay ; But nothing herein contained applies- (a) to any rent due to Government ; (b) to any rent which has been due for more than twelve months before the application mentioned in section six. 2. The enactments specified in the second sched- Enactments ule hereto annexed are repealed to the extent men- repealed. tioned in the third column of the same schedule. All appointments made and securities given under any of the said enactments shall be deemed to be respectively made and given under this Act. Tlie reference to Act No. VII of 1847 made in Act XXIII of 1850, section three, shall be read as if made to this Act. `3.`[[In ][this Act, ]][[this Act, ]][[" ]][[Court of Small Causes" means ]][['(Coult ][of ]][[of ]] the Court of Small Causes for the time being established by law `in` Calcutta, M-aclras or Bombay, as defined. the cnsc may 1)c. `3.`[[In ][this Act, ]][[this Act, ]][[" ]][[Court of Small Causes" means ]][['(Coult ][of ]][[of ]] the Court of Small Causes for the time being estab- %:!is,, 11. Uollifls 8 [ ACT I Distresses. I . Bailifs and App~aisers. , appoint four or more persons to be bailiffs and ap- 4.[The Judges of the Court of Small Causes may ] praisers for the purpose of this Act, and may from time to time, with the previous sanction of the Local Government, fix such remuneraf ion for the services of such officers as the said Judges think fit, and may suspend or remove them. - Appointment of bailiffs and appraisers. suspend or remove them. - 5. The persons so appointed shall give security to be approved by the said Judges faithfully to discharge the duties of their office, and they shall be deemed to be public servants within the meaning of the Indian Penal Code. Security to be given by appointees. 111. Issue `of` Distress- Wwramts. 6. Any person claiming to be entitled to arrears of rent of any house or premises to which this Act extends, or his duly constituted attorney, may apply to any Judge of the Court of Small C,auses for such warrant as hereinafter mentioned. Application for distresswarrant. The application shall be supported by an affidavit or affirrnati~n~ t o he effect of the form (marked A) in the first schedule hereto annexed. 7. The Judge may thereupon issue a warrant under his hand and seal and returnable within six days, to the effect of the form contained in the same schedule (marked B) addressed to any one of such bailiffs. Issue of distresswarrant. The Judge may at his discretion, upon personal examination of the person applying for such warrant, decline to issue the same. IF. `Of` the nzakimg `of` Bistresses. `8.` Every distress under this Act shall be made after sunrise and before sunset, and not at any other time. 9.[The bailiff directed to make the distress may ] force open any stable, out-house, or other building, and may also enter any dwelling-house, the outer door of which inay be open and may break open t.he door of any room in such dwelling-house for the pur1)ose of seizing property liable to be seized under tllis Act. Time for distress. What places bailiff may force open. Provided t 1 + Provided that he shall not enter or break open the door of any room appropriated for the eanAn$ or residence of women, which by the usage of the country is considered private.