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Power of landlord to distrain for rent

Cap. 244, s. 38 · Revised Edition 2020

(1) The landlord or other person to whom any rent is due from the bankrupt may at any time, either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be 44 available only for six months’ rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available. (2) For the purposes of this section, the term “order of adjudication” shall be deemed to include an order for the administration of the estate of a deceased person who dies
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