Distress for Rent Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUAGESI3IO

SECUNDO

An Act to amend the Law relating to Distress for

Rent.

[ A s s e ~ t & d to, Dcctm6~r Stk, 1888.)

MTIIEREAS it is cxprdicnt to amend the lmv relating to distress Pm.mMe.

for rent, a id to make provision for tlic protcctiun from dis- tress of the property of third persons, and to provide for the costs of distress, and for other purposes-Be it therefore Enacted by the Governor of the Province of South Anstdin, with the advice and consent of the l.egislative Council and House of .4sscmbly of the

said province, in this p l ~ x u t Pnrliarrlrnt assembled, as follolvs:

1, " The I_)istrcss for TZcilt Act, 1862," and "The Lotigers' Pro- H.el)eal of Acts.

A 4 4 2

perty and Agisted Cattle Protection Act," am hereby repealed, bnt No. 250, 1882.

this repeal shall not affcct angthi~ig douc or suffered, or any right or S n i ~.

title accrued or proceeding enmrnm~ced	ondcr either of the said Acts
before the passing of this Act.

2. For the purposes uf this Act tllc following words shall havc ~uterprettition.

the meanings res1)ectively assigned to them, if not inconsistent with

the contest or subject-rnattcr, that is to say-

l'hc word " rent" shall mean any rent reserved upon or payable

by virtuc of any demise, lease, contract, or charge whatsoever

for which it distress may 1:twfully be levied:

The word ' l goods" shall mean any cattle, horses. livestock, furniture. goods, chattels, effects? or things which immc- diately before the passing of this Act were, or under this Act

shall be, liable to bc distraincd for rent, and shall include

lodgers' goods, but, except as to any sections subsequent to section 17, shall not include agisted cattle: The

51" & 52' VICTORIE, NO. 442.

The Distress for Rent Act.-1888.

The word landlord " shall mean any person having power to

distrain for rent due to him:

The words "immediate tenant" shwll mean the person owing or alleged to owe any rent, in respect of which a distress shall

he levied or threatened or authorised to be levied.

No landlord to

distrain except 3, No person to whom any rent shall be due shall clistrain any

personally or by	goods for such rent except by himself personally, or by some person
agent by written
authority.	duly authorised by warrant under his hand, or the hand of his agent lawfolly authorised, such \vanant to be in duplicate, and in the form or to the effect of the form in Schedule A hereto, i t d to be attested by a witncss.

digtraining On

behalf of another to 4. Every person distrainiag for rent on behalf of anothcr shall,

deliver or Ieave at tlre time of making the clistress, deliver one duplicate of the

d"~'acatewamant~ warrant authorising him to distrain to the immediate tenant, or some person residing on the premises whcre the distress shall be levied; but, iu case there shall be no person residing on the said premises with whom such duplicate can be left, the person distrain- ing shall nail or affix such duplicate on some conspicuous part of such premises, and copy of affixcd notice shall be posted to tenant's

last know~l address.

Eours for distress.	5, Xvcrv person making a distress for rent shall do so between the hours 02 six in the forenoon and six in thc afternoon, and shall
Inventory.	forthwith make out u witten inventory of the goods distraiuchtl in the form in Schedule B hereto, or in a form to the like effect, which inventory shall be dated on the day of the distress, and shall be signed by the person making the distress, who shall tilereupon dclivcr
a copy thereof to the immediate tenant, or some person residing on the
pemises where the distress shall be levied; but, in case there shall be no person residing on the said premises with whom such copy can
be left, the person distraining shall nail or affix such copy on some
be postcd to tenant's last known address. conspicuous part of such prenrises, and copy of affixed notice shall
Copy of warrant and

inventory to be 6, Every person distraining for rent shall also on dcmand

ddi~ered to claimant. deliver one copy of the warrant (if any) under which the distress

shall be levied, and a copy of the inventory in the last preceding section mentioned, to cvcry person clainiing an interest in the goods distraiued, on payment of a chargc at the ratc of Thrccpcnee pc' folio for such copy, and any person refusing or neglecting so to supply such copy shall forfeit and pay a penalty not exceeding Fivc Pounds.

Owner of agisted

cattle, unaer-tenant,	7, If any landlord shall levy, or threaten to levy, or authorise
or lodger may make

declaration, and pay to be levied, a distress on any cattle agisted on the demised prc-

due to mises, or on any goods being the property or in the lawful posses-

lord. sioncotherwise th&n as sub-tenant, of ally undcr-tcnant,'other than the immediate tenant)or of any lodger, for arrears of ;ent due to such landlord by his immediate tenant, the owoer of such agisted

cattle

51" & 5 2 O VICTORIA, No. 442,

The Distress for Rent Act.-1888.

cattle or his agent, or such under-tenant or lodger ar his agent, may serve such landlord or the person authorised by him to levy such distress, with a declaration in writing in or to the effect of the form in Schedule C hereto, signed by such owncr or his agent, or such under-tenant or lodger or his agent, setting forth that the immediate tenant has no right of property or beneficial interest in such cattle other than his lien for agistrnent, i f any, or that he has no right of property or beneficial interest in such goods, and that such cattle are the property of such under-tenant or owner, or that such goods are the property of such lodger, or are, or immediately prior to bcing distrained were, in his lawful possession; and also whether any and w h ~ t money is due for agist- ment, rcnt, or lodging, and for what period, from snch owncr, under- tenant, or lodger to the inmediate tenant, and if no snch money is due then stating that fact, and to such declaration sllall be mncxed a con.oct inventorv signed by the declarant of the cattle or goods referred to in tge declaration. And such owner, under-tenant, or lodger, may pay to the landlord, or to the person authorised by him as aforesaid, the amount so due for agistment, rent, or lodging, or so much thereof as shall be sufficient to discharge the claim of such landlord and his lawful charges.

8. Subject to the provi~iuns of section 14, if any lanitlord;. or Landlardlevying

any person autllorised b y a l;mdlor(l, after k i n g grrvcd with the $ ~ ~ ~ ~ ~ ~ ~ $ P ~ ~ ~ ~ ~ ~ ~ ~

said tleclnratioil and in~ventory, and in case any qoney is at the ofirreg~ilurilistress. r

time of making $pch declaration due for agistment, rent, or lodging, as mentioned in section 7 of this Act, after payment to hirn of the money d i c h by soch section the owner of the agistcd cattle, or the under-tenant, or lodger! is authorised to pay, shall levy or proceed with a distress on such cattle, bcing the property of the person by or on whose behalf tlle same shall have been claimed, or on the goods of the umler-tcnant or lodger, or goods which irn~ne-

ditltely prior to being distrained were in his lawfill possession, such lancllord, and the person so authorised, if any, shall, if the imnw-

and inventory no right of property or beneficial interest in such diatc tenant had at the time of the service of the said declaration agisted cattle other than his lien for agistment, if any, or in such goods, be deemed guilty of an irregular distress, and shall be liable to an action at the suit of such under-tenant or lodger, but shall not be deemed trcspassers ah il2itio.

Q. Any payment made by an owncr of agisted cattle, or an ~nymentdoimmediate

under-tenant, or lodger, pursuant to the 7th section of this Act, tenas'.

shall be deemed a valid payment on account of any moneys due for

agistment, rent or lodging from hirn to thc immediate tenant.

10. If any landlord shall, in any case not coni in~ within the 7th Owner ofgood. may

section of this Act, levy, threaten to levy, or authorise to be levied, make declaration.

a distress on any goods being the property or in the lawful

possession of any persoil other than the immediate tenant, such person or his agent may serve the inndlorit, or the person

an thorised

51" & 52' VICTORIE, No. 442.

The Distress for Rent Act.-'1888.

authorised by him to levy such distress, with a declaration in, or to the effect of, the form iu Schedule l3 hereto, sigued by the firs t-mentioned person or his agent, setting forth that thc immediate tenant has no right of property or beneficial intercst in such goods,

and that such goods arc the property of such first-mentioned

person, or are, or immediately prior to being distrained Tere, in his lawful possession; and to such declaration shall be annexed an inventory, signed by the declasant, of the goods referred to in the declaration.

Landlord levying

after aervice of de-	11. Subject to the provisions hercinsfter contained and to the provided, before the sale thereof, and obtaining a decision in his raver, if any landlord or any person authorised hy a landlord s l d, after being served with the declaration and inventory provided for by the last prcccrling section, levy or lwoceed with ;I distress on the goods mcntiorled in such inventory, being the property of the person by whom or on whose behalf such declaration or inventory shall have been served, or having been immediately prior to such distress i11 his lawful possession, such landlord, and tlw person so authorised, if any, shall, if thc immediate tcnant Xiad at the time of such service no right of property or beneficial interest in such goods, be dccmed guilty of an irregular distress, and Inc liable to an nctioil thewfor, but shnll not be deemed trespassers nb initio.
clwation pilt7 of	person who claims the goods proceeding, as in the next section is
irreaular distress.
Justices may aajucli-
cate on adversc ch ime	12. TV hen any claim is made bp service of the said declaration and inventory, by any person other than the inimediate tenant, to or in respect of any agisted cattle or goods distrained, or threatened to be distrained, by any landlord for rent, any Justice of the Peace, upon complaint in writing hy either the landlord or the claimant preferred before the sale of such gnocls under the distress (where the cattle or goods have bccn ac tuallv distrained) b m e r s o n making the claim, may issuc a summons i n the form in bchedule F, hereto, or in a form to the like effect, directed as well to the landlord as to the person
to goods seized.
rna,king such claim, and such Justicc inay in his discretion order such sale to be postponed until the summons has been disposed of; and any
two or more Justices may adjudicate on such claim in a summary manner, and niake an order in, or to thc effect of, the form in Schedule F hereto, and such order as to costs to bc paid by either party as to them shall seem just. Service of the summons or order on a person authorisrd 'by the landlord to distmin shall be cleemcd service on the landlord, and service of the summons or order on a person who has made a claim on behalf of another shall be deemed service on the principal.
~f money due for

agistment, rent, or 13. If it shall appear upon the henuing of such complaint that

lodang not paid

the agisted cattle claimed were the property of the person alleged

Juatices to find

according1 y.

to be the owner thereof, or that the goods claimed, or part of them, were the property or in thc lawful possession of the claimant, being an under-tenant or lodger, and that the immediate tenant had

no right of property or beneficral intercst in such cattle, other than

his

51" & p0 VICTORIE, No. 442.

The Distress for Rent Act.-1888.

his lien for agistmcnt, if anv, on such goods, but that the claimant did not, before such comp'lknt was preferred, pay to the landlord, or the pcrson authorised by him to distrain, all moneys due by the owner of thc cattle, or by the under-tenant or lodger to the immediate tenant for agistment, rent, or lodging, or so nmch thereof as was sufficient to discharge the claim of such landlord ancl his lawful charges, the Justices before whom such complaint shall be heard shall find accordingly, and their decision shall be deemed to be in favor of the landlord.

14, Where any complaint is preferred as in section '12 men- 1,sndlordrnay hold

tioned, the landlord may, at his option, where the agisted cattle f $, $ ~ ~ ~ ~ ~

or the goods have bcen distrained before the making of the claim,

hold the cattle or goods clnilrled until the claim has been adjudicnted

upon; and the costs of such holding, and of holding posscssion from

the making of the claim until the adjudication, or such part thereof

as the Justices adjudicating upon such claim shall think fit, shall, if

such Justices shall so order, be added to the costs of the distress, or

paid by the claimant to the landlord.

15, , The landlord may scize or reseize any agisted cattle or any Landlorc? may re11 goode if claim in hir

goods as to which the decision shall be in his f'avor wherever the fa,o,-

samc may bc found, and, if necessary, may, between suiirise and sunset only, break into m y premises where such cattlc or goods may be, or may reasonably be supposed to be, and may deal with any such cattle or eoods as if no such claim had bccn made, although he may have previously sold other cattle or goods distrnined at the same time, and no fresh clairn shall be made by the same claimant.

16. If any person shall wilfully makc or sign any false declaration declaration Person making guilty false of

and inventory, or either of them, referred to in sections 7 or 10 of,	dedemeanor.
this Act, he shall bc d c w d guilty of a misdemeanor, punishable
by imprisonment for any term not exceeding twelve calendar months,
with or without hard labor.

17. A declaration under this Act may be made before a Justice Deolaratioa before "" taken.

of the Peace, notary public, commissioner for takiug affidavits in the Supreme Court, or practitioner of the Supreme Court or clerk of

a 1,ocal Court.

18. Where goods shall be distrained for rent, and shall not be Distress map be rro~d.

replevicd within five days next after the delivery or affixing of the copy inventory yrovidcd for by section 5, the landlord may, at the expiration of such five days, subjcc t to the provisions hereinafter contained, and unless payment or tender of the rent and the charges in respect of the distress be made to him by or on behalf of the tenant before sale, sell the goods distrained for the best price that can be obtained.

Any landlord or his agent, may distrain any sheaves of corn, or

corn loose, or in the straw, or hay lying on the ground, or being in any

barn,

loose, &c.

19,

51" & 52' VICTOKIE, No. 442.

The Distress for Kent Act,-1 888.

barn, granary, hovel, stack, or rick, or otherwise upon any past of the land subject to the rcnt, and may deal therewith as he might have dealt with any other goods distrnined for rent, except that the same shall not be removed by the landlord or his agent out of the place where the same shall be found and seized, if such removal would depreciate the value thereof, hut shall .be kept there (as impounded) until the same shall be replevied or solrll.

Dietress may be

secured and sold cm	20. Any landlord or his agent may impound or othernise secure goods distraincd for rent in such place, or on such part of the premises subject to the rcnt, as shall be most fit arid convenient for irnpo~~nctiiig and securing the samc, mcl may sell and dispose thereof upon the prcmisrs, or, where the goods cannot br: advsn- tagously disposed of upon thc said premises, rnnv remove the same to some more convenient place for thc disposal *thereof; and any other person or persons may, after the cspiration of the five days heueinbcfore mentioned, come and go to and from such place or part of the said premises where the goods shall bc impounded and secured as aforesaid, in order to view or buy, or remove the same on account of the purchaser thereof; and if any rescue or pound breach shall be made of any goods distrained, the person aggrieved thereby shall, in an action for the wrong sustai~ied, reco-vcr clamages and costs of suit against the offender or offenders in any such rescue or
premisee.
pound I ) I P R C ~ ~ or any or cithcr of them, or n g r t i ~ ~ s t the irnn~cdiate
tenant or the owncr of the goods clistruined, in case the same be after- wards found to have come to his use or possession.
Disposal of proceeda
of sale.	21, The proceeds of any such sale shall be applied as follows: First, in payment of the costs of ancl incident to such distress and sale; and next, in satisfaction of the rent for which the distress was made; and the overplus (if any) of such proceeds shall be paid into the hands of the immediate tenant, or. in his nbscnce, to thc clerk
of the Local Court ncarest to the place where such distress is levied,
for the use of such immediate tenant.
Sale to be by auction.

Sec. 4 of 14 of 1862, 22, The sale of any goods distraincd as aforesaid shall be by

altered. public auction, of which full and reasonable notice shall be given; and such sale shall be conducted by a licensed auctioneer, or may, with the written consent of the immediate tenant, be made by the landlord or his agent.

Coats of d i ~ t r e s ~ and

aale. 23, Whcre any distress shall be made under the provisions of

this *4ct, the charges in Schcdules G and H hereto, and no others, shall be made in respect tihereof, and when any distress for rates shall be made under the Municipal Corporations Act, l880," or the ': District Councils Act, 1887," the charges in Schedule I hereto and no other shall be made in respect thereof.

NO oppraieement 24. In no case of distress under this Act shall any appraisement

necessary.

whatever bc necessary, nor shall any costs or expenses be charged

or allowed in respect thereof.

25. h

51' & 52' VICTORIE, No. 442.

The Distress *for Rent Act.-1 888.

25, I n case any distrcss and sale as aforesaid shall have been against Double wrongful damages

made for rent alleged to be due where in trulh no rent was dlstrfines.

due to the person distraining, or the person in whose name or right

the distress shall bo levied, the owner of the gootls distrained and

sold, his executors or administrators, may, by action against the

person or persons so distmining, recover double the value of the

goods so distraincd and solcl, together with costs of suit as between

solicitor and client.

26. In case the irvirneciiate t e n ~ n t shall, before, at, or within Landlordma f o l l o ~ goods fraud ently UP

fourtccn days after the expiration of his term or tenancy, fiaudnlently elanaestinely

or c:lanilcstincly ~*cinovc any goods from the premises in respect of remOyds

wllicll rent is rlue b y him to prcvent the landlord from clistraining upon the same for rent, it strall be lawful for the lalldlorcl or his agent, within tllc spiice of thirty clays next after tlic removal of such gowls, to talic and scizc the same wllcrever they shall be found as a distress fbr the said rent, and to sell and dispose of the same

in like manner as if the goods hail actually been tlistrainecl by

such landlord in and upon sllch premises for such rent; but no

landlord shall ~c izc or take any such gootls which, before such seizure, shitll have been sold bomi j d e and for a valuable consider- atin11 to any pcrson not privy to the fraud or clnndcstine remuva.1.

27. l r p n any ~ ~ o u n d brcacll or rescue of goutls distrnincd for Damages or poucn

rent the persoil injured thereby shall, in an action upon the case for breach or rescue.

the ~vrong tliereby sustained, recover treble damages with costs of

suit against thc offender or offenders, any or ei~licr of them, or against the owner or owners of the goods distrained in case the same bc afterwards found to have come to his or their use or possession.

28. Cattle and vehicles at livery, with all saddlcs, bridles, and Exemption of cattle

other liurncss belonging or appertainiirg thereto, are hereby an"ehie1e8at1ive~b

exempted horn distress for rent.

before a Special Manistratr or two Justices of the Pewe in a summary recovered. 29, Penal ties for off cnces against this Act may be recovert d penalties, hon-

way on an information at the instance of any person, P

appointed by, ant1 shall be regulated under, Ordinance No. G of J usticea. 30, All proceedings before Justices may be conducted as Proeeedingebefore

1850, and " 'The Justices Procedure Amc~rdment Act, 1883-4."

31. In cvmy cnsc of the iinposition of a peciuniary penalty under Proceedingaondsfault

this Act, and of default i n immediate payment thereof, the Special inpaymuntOfpcn"t~. commit the person making default to any gaol in the provincc

for any time not exceeding one month, such imprisonment to cease

on payment of the penalty and of the costs of such proceedings as may have been takem for the recovery thereof; but this section shall not affect any remedy under the said Ordinance No. 6 of 1850, or

under The Justices Procedure Amendment Act, 1883-4."

32. There

51' & 52' VICTORIW, No. 442.

The Distress for Rent Act.-1E88.

Appeal. 32. There shall be an apped from any conviction or order by any Justices under this Act, or from any ordcr dismissing any information or complaint thereunder, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, alld the proceedings on such appeal shall be:conducted in manner appointed by the said Ordinance No. 6 of 1850 for appeals to Local Courts; and the Local Court of Adelaide aforesaid may make such order as to payment of costs of appeal as the Court shall think fit, although such costs may exceed Ten Pounds.

L ~ d c ~ u r t m a ~ a t a t e 33.	The Local Court of Adelaide may, upon the hearing of	any
epecial case.

appeal under the last preceding scction, state one or more special

casc or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide such special case or cascs according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to the costs of any such special casc as to the said Court shall appear just, and any one or more Justices or the Local Court of Adelaide shall make an order or adjudication

in respect of the matters referred to the Supreme Court in conformity

with the certificate of the said Supreme Court, which order of the Justices of the Peace or Local Court may be euf'orced in manner provided by this Act for the enforcement of orders of Justices of the Peace, and, save as hcrcin provided, no order or proceeding of Justices or of any Local Court, made under the authority of this Act, shall be appealed against or removed by certiomri or otherwise into the Supreme Court: l.'rovidcd that ~ ~ o t h i n g herein contained shall affect the provisions of " The Justices Procedure Amendment Act,

1883-4.''

Forms may be

modified. 34. The forms in the Schedules hereto may Be modified according

to circumstances.

L a n d l ~ ~ d ' ~ ~ o ~ e ~ ~ n ~ t

abridged.

35. So far as consistent with this Act, nothing herein contained

shall affect o r abridge any right, remedy, or power of ally landlord

vested in him. by statute, common law, or otherwise horvsoewr conferred up011 or

Amendment of sec.

163 of 5 of 1853.

36. Section 163 of the " Supreme Court Procedure Amendment Act," being No. 3 of 1853, shall henceforth be read without the words c c and that no sufficient distress was to bc found on thc demised premises countcrvailing thc arrears then due."

Short title. 37. 'This Act may be cited as 'l'he i)istress for l b n t Act,

1888."

In thc name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

51" 552' VICTORIA<, No. 442.

The Distress for Rent Act.-1888. A--

SCHEDULE A.

It'ctrrnnt to Uistrain.

I, A. B., of , (draper), do hereby authorise C. L)., of

, to distrain the goods in (or on) the dwelling (or shop, or

[us the case may be] of 14;. E',, situate at , for the sum of

, being thc amount of rent due to me for the same from

the day of 18, to the day of 18,

and to proceed thereon for the recovery of the said rent and costs as the law directs.

Dated this day of 18 .

A. B., or

Witness A. B. by his Agent, O.K.

Inventory.

I have t l ~ i s d a y distrained the following goods in (or on) the [ntmtioa premises

distrained tcpon] for ;E ; being the amount of rent due and costs.

Dated this day of 18 .

A. B., Landlord.

(or D. E., Person levy in^^)

On behalf of A. B., Landlord.

L)ecluralio?t to be NatEe by or on behalf o f O t o n e ~ of dgis t sd C'attle 01. Under-temznt

or Lodger.

1, , ot , do hereby declare that

I rzrcme 'If'immediatr: lenunt] has no right of ~ m p c r t y or beneficiul interest in the rattlc

set out in the inventory annexed hcreto other Ihan liis lien for agistrnent if any ( o r

in thc goods set out in the in~entory annexed i~cre to): And I further dccIare that the said cattlc (or goods) are m y property (or the property o f name oJ ozonev,

under*-/enrctzf, or lodger); or (cls to goods) are, or immedint~ly prior to their being

distrained wcrc, in my lnwful ~~cssession, or in the lawful possession of rnawze g'

under- frnant or lodypr j; and that [ s t a l e in tcliut cupc i t y possetssron held] : And I

further declare that the amount due by me (or by the said m m e qf'ozoner, ~~?bde?--trnunt,

or lodger) for agistment (or rent. or ludging) is 3 : S. d. for the period of

(or nil, a$ the case mny be) : And I make this declaration under the pro-

visions of " The Distrcss for Rent Act, 1888," conscientiously believing the same to

be true.

Declared before me at,

this day of 18

[Set out goods claimed, and anlles i~wventoy to decEnvation.l

51' & 5z0 VICTORIE, No. 442.

The Distress *for Ren.t Act.-1 888.

SCHEDULE D.

Declaration undev Sectiota 10.

1, , of , do hereby declare that [ m m e of imnzndiale

tenant] has no right of property or beneficial interest in the goods set out in the inventory annexed hereto, and I further dcclare that the said goods are my property

( o r the property of [name o f ozuner], or are, or immediately prior to being distrained

were) in my lawful possession (or i n the lawful possession of [name o j owner ], and that [state in what capacity possession held] : And J make this declaration under the provisions of " The Distress for Rent Act. 1888," conscientiously believing the same to be true.

A. B.

Declared at before me this day of 18

(Signed)

[Se t out inrentoty of yoods.1

S C H E D U L E E.

S u m n ~ o m in cnse of Allverse Claim to Goods Distrained.

SOUTH	AUSTRALIA,
to w i t. &C., and C. D., of &c.

Whereas eornplainihath this day been made by the undermentioned A. R. (or C. D.)

before the undersigned , one of H e r Majesty's Justices of tlle

Peace in and for the said province, for that ,4. B., of 7 distrained (or threatened to distrain) certain agisted rattle (or certain goods), and that C. I)., of (by his agent, 0. K.) has clairned the said cattle (or goods): These are therefore to command you, the said A. B. and C. D., ;n l Ier Majesty's name, to bc and appear on the day of a t, in the said province, before such Justices of the l'eacc ns may then be prcscnt, in order that they may adjudicate upon the said claim and make a order thereupon according to law.

Given under my hand and seal this day of , in thc

said province.

J.P.

-- - - -- - -- - - -

SOUTH AUBTRAT,IA, BC it remembered that, on the day of 7

to wit. 1 18 , complaint was made for that A. E., of ,

distrained ( o r threatened to distrain) certain agislcd cattle (or certain goods), and

that (by his agent 0. K.), C. l)., of had claimed the sarne, and nnw on

this day A. B. (or C. D.j who made the said complaint,and the said C. L). (far A. B. ) appear before us, the undersigned, (hoo) O F Her Majesty's Justice8 of the Peace in and for the said province [.f both do not nppear slate service of the szmmons and the

?ton-appearance], in order that we might adjudicate upon the said claim and make

an order thereupon according to law: And now, having heard the matter of thc

said complaint, we do adjudge that [here s tnte tAe otijkdication in one of the foZlotciog

f o r m s ] :

The said cattle (or goods) were (uo t ) at	l'art of the said cattle (or goods), to wit
the time of the said distress thereof (o r	[here set out t l ~ e i tems], were at the t ime
at the time when thc said distress was	of the said distress ( o r at the time ~vhen

threatened) the property (or as to goods the said distress was threatened) the in the lawful possession) of the said C. D. property (or as to goods in the lawful

(and that E. F., the immediate tenant, had	possession) of the said C.D., and that
no right of property or beneficial interest	E. F., the immediate tenant, had no right
in such cattle (or goods), (other than his	of property or beneficial interest in the
lien for agistment) (or but that E. F., the	same (other than his lien for agistment)

immediate tenant, had a right of property [or but that E. F., the immediate tenant, or beneficial interest in the same) (or in had a right of property or beneficial part thereof to wit) [here set out i tems). interest in the same (or in part thereof

to wit)], and that the residue of the said cattle (or goods) were not the property

( o r as to goods in the lawful possession)

of thc sj3id C. 73, [But

51" & 5 2 O VICTORIE, No. 442.

The Distress for Rent Act.--1888.

I But we find that the said C. 'D., [being an undertenant (or lodger) of E. F., the

immediate tenant], did not, before the said complaint was preferred, pay to the said

A. B., or to the person authorised by him to distrain. all moneys due by the said C'. D.

to the said E. F. for agistrncnt (or rent or lodging), or so rn~ich thereof as was sufficient to discharge the claim of the said A. B. and his lawful charges]; and we also adjudge the said C. D. jot* A. 13.) to pay to the said A. B. (or C. I).) forthwith (or

on or before the day of 18 ) the sum of f: : S. d.	for his costs in this behalf [and that the sum of E: S. d. being the cost
(or part of the costa) of the said A. B. of holding posacssion from the making of the said claim until this adjudication be added to the costs of the distress (or paid by the said C. D. to the said A. B.]

Given under our hands and seals this day of l 11

SCHEDULE G.

Charyes.

Solicitors' charges, including inst,ructions to distrain, letters, attendances, &C., up to distress and sale, exclusive of ~noncys out of pocket: - £ S. d.

When the rent distrained for shall be not less than $5 nor more than $10 0 10 6

More than £10 and not more than $20 ............................ 1 1 O

More than $20 and not more than £50 ............................ 2 9 0

More than 250 and not more than $100 ............................ 3 3 0

More than S100 ................................................ 4 4 0

Costs of levy made by a li~ndlord or by a pcrsori clistraining rmdcr the authority

of a warrant to distrain, including inventory, instructing auctioneer, and all other

attendances :-

£ S. d.

Where the rent distrained for shall be not more than $10 ............ 0 5 O

More than $10 and not more than $20 .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 10 0

More than £30 and not m m than $50 .............,.......,,..... 1 0 0

More than $50 and not more than £100 ............................	1 10 0
Over $100 ....................................................	2 0 0

Man in possession per diem ...................................... 0 7 0

When more than one man required in possession each per diem ........	O	70
Mileage from place of abode ur business of landlord ur person diutraining,

per mile ........,.......................,................. 0 1 0

Charges of auctioneer, landlord, or agent conducting sale :-

Up to first $300 .............................................. 5 per cent.

U p to next£700 ............................................ 24

On the excess over .$l ,000 .....,.............................. 1 "

The amount actually paid for reasonable notice of sale to bk charged. When the goods shall be in the custody of any auctioneer, or in any store or ware- house, the actual and reasonable charges paid for removal and storage in lieu of thc fce per man in possession pcr diem.

Fees and charges which may be taken upon distress for rates in arrear, and for any sale consequent upon such distress :--

£ 8. d.

For e ~ e r y levy.. ............................................... O l 0

Man in possession each day ..................................... 0 5 0

Inventory per folio .............................................. 0 0 3

Sale and delivery of goods, 6d. in the £ on the net proceeds of sale.

Poundage on executing warrant and effkcting sale, Is. in the £ on the net proceeds

of sale. - A -- - - - . -.

- -- - -

- -,

ddolaidr : By authority, 11. F.