Distress (1888) (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO SECUNDO

VICTORPE REGINIE

No. 17

An Act to amend the Law of Distress.

[Assented to 7th December, 1888.

of the Legislative Council thereof, as follows :— BE it enacted by His Excellency the Governor of Western Aus-

tralia and its Dependencies, by and with the advice and consent

52 VICTORIE. No. 17

Law of Distress—Amendment

Appraisement	So much of an Act passed in the second year of the reign of
before sale at

abolished requires appraisement before sale of goods distrained, is, so far as the goods distramed,their Majesties King William the Third and Mary, chapter five, as

Colony of Western Australia is concerned, hereby repealed, and the landlord or other person levying a distress, or who may have levied a distress prior to the passing of this Act, may sell the goods and chattels distrained without causing them to be previously appraised ;

Goods to Ise

removed kr sole and for the purposes of sale the goods and chattels distrained shall,

at owner's at the request in writing of the tenant or owner of such goods and request chattels, be removed to a public auction room or to some other fit

and proper place specified in such request ; the costs and expenses attending any such removal, and any damages to the goods and chattels arising therefrom, shall be borne and paid by the party requesting the removal.

Costs and	2. No person whatsoever making any distress for rent shall be entitled to any other or more costs and charges for or in respect of such distress, or any matter or thing done therein, than such as are fixed and set forth in the Schedule hereto.
distress

charges of

37 Geo. 9. 93, 3. The provisions of the Imperial Act 37 George III., c. 93, shall,

ittbsYZ,7,111 in the Colony of Western Australia, be read and construed as if the

Schedule Schedule to this Act formed the Schedule annexed to the said Imperial

Act ; and the said Imperial Act and this Act shall be read and construed together as one Act.

F. NAPIER BROOME,

GOVERNOR.

SCHEDULE

PART I

When the sum demanded and due shall not exceed £20 for or in respect of such rent :

s. d.

Levying distress 3 0

Man in possession, per day . ..... 6 0 All expenses of advertisement, if any such, not exceeding 10 0 Catalogues, sale and commission and delivery of goods, ls. in

the pound on the net produce of the sale.

PART H

When the sum demanded and due shall exceed £20 for or in respect of such

rent :

Levying distress—Two per centum.

To bailiff for levy—£1 is.

To man in possession—If boarded, 3s. Od. ; "if not boarded, Os. per

day.

For advertisements—The sum actually paid.

To auctioneer—For sale, five pounds per centum on the sum realised not exceeding £100; and four per centum on any additional sum realised not exceeding £100; and on any sum exceeding £200 three per centum. A fraction of ..C1 to be in all cases considered £1.