DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34367#0559
A.D. 1799.]
REGULATION VII.
501
Reg. Y. 1812.
ment of the arrear. The distrainer may also, at his option, distrain in the
prescribed mode either the property of the defaulter or his surety, or the
property of both, so that the whole distress be not excessive in proportion
to the arrear; but no distress shall be levied on the property of the surety
until the arrear shall have been ineffectually demanded from the defaulter ;
unless the latter shall have absconded or be otherwise not forthcoming-; in
which case, and in the event of the surety's not discharging the amount
due on demand, distress may be levied from his property for the recovery
of it, in like manner as if the defaulter had been present and served with
the demand in the hrst instance.
IV. The notice of fifteen days for the sale of attached property directed
in Section VIII. of Regulation XVII. 1798, and the period of fifteen
days from the time of attachment fixed for the sale of such property by
Section V. of Regulation XXXV. 1795, are hereby rescinded ; and the
notice to the defaulter, directed to accompany the inventory of the
attached property to be delivered to him, shall inform him only of the
arrear due, and the intention of the distrainer to bring the attached pro-
perty to immediate public sale for the discharge of it, unless the amount
and expenses of attachment be previously paid. If the defaulter, on
receiving this notice, shall neglect to pay the amount due from him, or to
give such assurance, of early payment as may be satisfactory to the dis-
trainer, or if the defaulter shall have absconded or be otherwise absent, so
that the notice cannot be served on him, the distrainer is to transmit' an
inventory of such part of the attached property as can be brought to
immediate sale to the nearest or o^or public officer empowered to
sell distrained property, with a written request that he will cause the
same to be publicly sold for the discharge of the arrear due, the amount
of which is also to be specified in the application, together with the
place where the property may be in attachment; and if it be the intention
of the distrainer to remove it, under the discretion vested in him by
Section XII. of Regulation XVII. 1798, the place to which such removal is
intended. -The or o^Aor authorized officer, on the receipt of such
application, is to proceed as directed in Section V. of Regulation XXXV.
1795, under the following further provisions; viz. instead of fixing the day
of the sale on the fifteenth day after the attachment, he shall fix as early
a day for the sale as may be compatible with a due observance of the
other, directions in the above section for the appraisement of the property
and the publication of the intended sale of it, which is to be made by beat
of drum, on one market-day at the least before the market-day on which
the sale may take place, as well as on the morning of the day of sale ;
and the sale is in no instance to take place before the expiration of five
complete days after the attachment, exclusive of the day on which the
attachment may have been made. The same principle is to be observed
with respect to the sale of ungathered products after the distrainer shall
have gathered and stored them, as required by Section XIII. of Regula-
tion XVII. 1798, and which are not to be sold until publication shall
have been made as above directed. In consequence of this alteration,
* It is enacted by Act 1. 1839, that no person shall have authority by virtue of any office
to sell property distrained for arrears of rent, and that it shall be lawful for the collectors to
appoint commissioners for the sale of distrained property.
at his option, distrain
property of surety.
Or the property of
the defaulter if forth-
Notice of fifteen days
directed in Sec. viii. of
Reg. XVII. 1793, and
period of fifteen days
fixed hv Sec. v. of Reg.
XXXV. 1795, for sale
Inventory and parti-
culars to he transmitted
by distrainer to caM2y
powered to sell dis-
trained property.
CaM2y or o^Aer offi-
cer how to proceed, on
receiving applications
forthesale of distrained
property.
No sale to take place
before expiration of five
attachment.
Or after storing pro-
ducts ungathered at the
Notice to cowMMer-
ciaJreM&y^aK^salt
REGULATION VII.
501
Reg. Y. 1812.
ment of the arrear. The distrainer may also, at his option, distrain in the
prescribed mode either the property of the defaulter or his surety, or the
property of both, so that the whole distress be not excessive in proportion
to the arrear; but no distress shall be levied on the property of the surety
until the arrear shall have been ineffectually demanded from the defaulter ;
unless the latter shall have absconded or be otherwise not forthcoming-; in
which case, and in the event of the surety's not discharging the amount
due on demand, distress may be levied from his property for the recovery
of it, in like manner as if the defaulter had been present and served with
the demand in the hrst instance.
IV. The notice of fifteen days for the sale of attached property directed
in Section VIII. of Regulation XVII. 1798, and the period of fifteen
days from the time of attachment fixed for the sale of such property by
Section V. of Regulation XXXV. 1795, are hereby rescinded ; and the
notice to the defaulter, directed to accompany the inventory of the
attached property to be delivered to him, shall inform him only of the
arrear due, and the intention of the distrainer to bring the attached pro-
perty to immediate public sale for the discharge of it, unless the amount
and expenses of attachment be previously paid. If the defaulter, on
receiving this notice, shall neglect to pay the amount due from him, or to
give such assurance, of early payment as may be satisfactory to the dis-
trainer, or if the defaulter shall have absconded or be otherwise absent, so
that the notice cannot be served on him, the distrainer is to transmit' an
inventory of such part of the attached property as can be brought to
immediate sale to the nearest or o^or public officer empowered to
sell distrained property, with a written request that he will cause the
same to be publicly sold for the discharge of the arrear due, the amount
of which is also to be specified in the application, together with the
place where the property may be in attachment; and if it be the intention
of the distrainer to remove it, under the discretion vested in him by
Section XII. of Regulation XVII. 1798, the place to which such removal is
intended. -The or o^Aor authorized officer, on the receipt of such
application, is to proceed as directed in Section V. of Regulation XXXV.
1795, under the following further provisions; viz. instead of fixing the day
of the sale on the fifteenth day after the attachment, he shall fix as early
a day for the sale as may be compatible with a due observance of the
other, directions in the above section for the appraisement of the property
and the publication of the intended sale of it, which is to be made by beat
of drum, on one market-day at the least before the market-day on which
the sale may take place, as well as on the morning of the day of sale ;
and the sale is in no instance to take place before the expiration of five
complete days after the attachment, exclusive of the day on which the
attachment may have been made. The same principle is to be observed
with respect to the sale of ungathered products after the distrainer shall
have gathered and stored them, as required by Section XIII. of Regula-
tion XVII. 1798, and which are not to be sold until publication shall
have been made as above directed. In consequence of this alteration,
* It is enacted by Act 1. 1839, that no person shall have authority by virtue of any office
to sell property distrained for arrears of rent, and that it shall be lawful for the collectors to
appoint commissioners for the sale of distrained property.
at his option, distrain
property of surety.
Or the property of
the defaulter if forth-
Notice of fifteen days
directed in Sec. viii. of
Reg. XVII. 1793, and
period of fifteen days
fixed hv Sec. v. of Reg.
XXXV. 1795, for sale
Inventory and parti-
culars to he transmitted
by distrainer to caM2y
powered to sell dis-
trained property.
CaM2y or o^Aer offi-
cer how to proceed, on
receiving applications
forthesale of distrained
property.
No sale to take place
before expiration of five
attachment.
Or after storing pro-
ducts ungathered at the
Notice to cowMMer-
ciaJreM&y^aK^salt