53Sale of distress by public auction

53 Sale of distress by public auction

[Section 53 Amended by 25 Geo. V No. 78 ]

(1)  Where any goods or chattels are distrained, and the tenant in possession or owner of the goods does not, within 7 days next after the distress, replevy the same according to law, it shall be lawful for the person distraining, after the expiration of the said 7 days, to cause such goods or chattels to be sold.

(2)  The period of 7 days aforesaid shall be extended to a period of not more than 15 days if the tenant or such owner make a request in writing in that behalf to the landlord or other person levying the distress and also give security for any additional cost that may be occasioned by such extension of time.

(3)  The landlord or person levying the distress may, at the written request or with the written consent of the tenant or such owner, sell the goods or chattels distrained, or part of them, at any time before the expiration of such extended period as aforesaid.

(4)  [Section 53 Subsection (4) amended by No. 13 of 2012, s. 40, Applied:30 May 2012] In all cases the sale of such goods or chattels shall be made by public auction, either by a licensed auctioneer or by a bailiff of the sheriff or of the Magistrates Court (Civil Division).