The Archive · 1936

Unknown Court Procedure

rading under the style and frm name of The Ideal Macaront Factory Before Judge P. Grant Jones CCouxse:: Mr. K, E, Newman for Plaintiff Brown for made this judgment rather elaborate because nobody seems to Know what the procedure is," Jud Grant Jones said in H.M. Suprem: [Court on Thursday when an aftermath for the case brought by Mr, Alber: Veinerman against Capt. '0. Basham, trading under the name of the Ideal Macaroni Factory, was! for the plainti In the original case, Mr. XE Newman, who appeared] was present in Court that day.

The Sudgment 'This matter comes before the Court Jon an interpleader. summons. sued behalf' of the. marshal who. Mioreh 13, fast levied execution on The'property of the defendant at 945 [Avenve Petain and. subsequently Ssived notice from the landlord of she premises thatthe tenant was, four nenths in arrear with his rent, The tale took' place. on March 23, before Totice of the, landlord's claim had Feoched the balls, and realised 3 Som et $2032.87 which it insuielent qovwatinty the. costa of the sale, the fume of the landlord and the amount for which the warrant of execution Prior to the Landlord and Tenant Ase ion, (Ann, 18) the Tighls iter vot andier, and eecution' creditor depended on priority 0 seizure. It the goods and chattels fore seized. in. execution they wore MeGustodia.tepie and. absolutely wiloged. from distress: It the ods ana hate ave, seized under a die ress they cannot be taken in excet= {isnt 'Under: the rat-sation of the Statute no goods oF chattels may Be {Eker in execution unless the execu tian' creditor: before. the removal of the goods from the premises pays {he fondlerd ait suck sums of money.

are or aboli be. duc for rent at fho"time. of, "the seizure, provided the arrears do not amount to more thsn' one years rent. 'The object {he stettin was 10 compensate land fords, partially' or totally. for their loss "of rights resulting from, the chants property" being sel by way of execution. "For the. section To"apply, the tenancy must be mubsisting at the. time ofthe execution evs v. Devier, 1014, 2 KB, 400 ER). aid in cases of tenancies for fear tan a year the period of one rear has been reduced by the Execs fiom Act, 204, 67 os follows: in the sue of" weekly. tenancien not mare than "four weeks arrears can be claimed; in other eases, nol more than four term's arrears,

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account