Section 45

Subject to the provisions of the Distress Act [Cap. 84] 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 the distress for rent is levied after the commencement of the bankruptcy it shall be available only for 3 months’ rent accrued due prior to the date of the order of adjudication, but the landlord or other person to whom the rent is due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

This section shall with the necessary modifications apply in the case of an order for the administration of the estate of a deceased person who died insolvent and for the purposes of this section “order of adjudication” shall be deemed to include an order for such administration.