30Protection from execution, distress etc.

30 Protection from execution, distress etc.

(1) A person shall not, except with the leave of the appropriate court, under a writ of execution or other process issued by a court, by way of distress, or under the provisions of a bill of sale or hire‑purchase agreement made before the date that is the moratorium date in relation to the national serviceman or female dependant of a national serviceman affected or under any agreement modifying, superseding or in substitution for any such agreement, seize or take possession of any goods that are used by, or belong to, a national serviceman or a female dependant of a national serviceman. (2) A person shall not, except with the leave of the appropriate court, proceed with the execution of any writ of fieri facias or writ of execution, whenever issued, against land on which a dwelling‑house is erected and which is owned by a national serviceman or female dependant of a national serviceman, whether the judgment or order in respect of which the writ was issued was given or made before or after the date that is the moratorium date in relation to the national serviceman or female dependant. (3) Where the goods concerned are being purchased under a hire‑purchase agreement or are the subject of a bill of sale and the court, on application for leave by the vendor under the hire‑purchase agreement or by the grantee of the bill of sale, is satisfied:

(a) that the national serviceman or female dependant of a national serviceman concerned would not suffer any hardship if the agreement or bill of sale were enforced; or

(b) that, having regard to all the circumstances of the case, it would be inequitable to the vendor or grantee that the national serviceman or female dependant of a national serviceman should have the benefit of this section;

the court shall grant leave. (4) Leave shall not be granted under subsection (2) of this section:

(a) in any case where the national serviceman or female dependant of the national serviceman is occupying the dwelling‑house concerned; or

(b) if the national serviceman or female dependant of the national serviceman is not occupying the dwelling‑house concerned but the national serviceman or female dependant desires in good faith to occupy the dwelling‑house and has taken steps to obtain possession of the dwelling‑house.

(5) The leave of the appropriate court under this section may be granted upon an application under section 28 of this Act or upon an application under this section made in the manner prescribed by section 28 of this Act. (6) The provisions of section 28 of this Act relating to procedure and costs apply to applications under this section. (7) This section does not apply in relation to any goods being purchased under a hire‑purchase agreement where the national serviceman or female dependant of a national serviceman has purported to sell or otherwise dispose of, or has parted with the possession of, the goods before payment for the goods has been completed. (8) In any prosecution for an offence arising under this section, an order may be made for the return of any goods seized or taken possession of in contravention of this section, or for payment of their value. (9) Any such order providing for the payment of the value of any goods may be enforced in the same manner as an order or judgment for the payment or recovery of money made by the court in the exercise of its civil jurisdiction. (10) Where any such order provides for the return of any goods, any constable may take possession of the goods and return them to the person to whom the court directed them to be returned, and for that purpose may, and if need be by force and with such assistance as is necessary, break open, enter and search any premises in which he has reason to believe or suspects the goods to be. (11) A person shall not hinder or obstruct a constable in the exercise of his powers under the last preceding subsection. (12) In this section, the appropriate court, in relation to the granting of leave to seize or take possession of any goods, or proceed with the execution of any writ of fieri facias or writ of execution against land, for the purpose of satisfying a judgment, includes the court by which the judgment was given.