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She said it left the council no choice but to activate the distress warrants granted by the courts.
On 26 February 1988 the landlord took out a distress warrant in respect of the outstanding rent, then said to amount to £17,866.
'In 1989/90, the last year of the rates, we got just over 1,800 distress warrants the equivalent of liability orders.
Thus, the Court answered the lower court's question by finding that there was no constitutional problem with the distress warrant and that the sale was valid.
A distress warrant, issued by the solicitor of the treasury under the act of congress passed on the 15th May, 1820, (3 Stats.
The council has tried to collect the arrears by issuing final notices and summonses, and now holds distress warrants relating to the majority of accounts.
The GDC may issue distress warrants establishing the rights of a creditor to seize property, again without limit as to the amount.
Instead of sending the defendant to prison for not paying fine and costs the court may direct its levy by distress warrant, or may accept payment by instaiments.
Defendants claimed title under a sale by virtue of what was referred to as a distress warrant, issued by the solicitor of the treasury under an act of Congress.
The Court responded to the questions presented by the lower court by declaring that the statutory basis for the distress warrant proceeding at issue was not in conflict with the constitutional guarantee of due process.
The Court also found that after the levy of the distress warrant had begun, that individual could bring before a district court the question of whether he was actually indebted as recited in the warrant.
In addition, he established regulations to guide customs collectors, issued distress warrants against delinquent revenue collectors or receivers of public money, and administered lands acquired by the United States in payment for debts.
The judges for the court below were in disagreement as to whether the sale was valid in that there was some question as to whether the statute that produced the distress warrant proceeding was constitutional.
The landlord, after obtaining judgment in the county court for part of the rent owed, later took out a distress warrant for arrears said to amount to £17,866, and the bailiffs entered the premises and took walking possession.
This action arose from a certified question from the Circuit Court of the United States for the District of New Jersey, in which the judges could not agree whether a distress warrant, issued pursuant to statute, was valid and constitutional.
So also, where an impoverished family left their accommodation on receipt of a distress warrant for rent arrears rather than wait for an eviction order, they were held by the House of Lords to have become homeless intentionally and this encouraged local housing authorities to require such orders before accepting such homeless applicants.