Distress for rent, lodgers' goods exemption (1898) (WA)

&learnt Rustratta.

ANNO SEXAGESIMO SECUNDO

VICTORIA, REGINA:.

No. II.

AN ACT to protect the Goods of Lodgers against Distresses for Rent due to the Superior Landlord.

[Assented to, 9th September, /49,q.]

F 8 lodgers are subjected to great loss and injustice by

WHERAthe exercise of the power possessed by the superior landlord to levy a distress on their furniture, goods, and chattels for arrears of rent due to such superior landlord by his immediate lessee or tenant: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

1. IF any superior lancllord shall levy or authorise to be levied a distress on any furniture, goods, or chattels of any lodger for	Lodger, if distress
levied, to make declaration that
arrears of rent due to such superior landlord by his immediate tenant,	/imas/niemdi property in
such lodger may serve such superior landlord, or the bailiff or other
goods distrained. d. i
person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such immediate

62° VICTORLE, No. 2.

Goods of Lodgers—Distresses for Rent.

tenant has no right of property or beneficial interest in the furniture, goods, or chattels so distrained or threatened to be distrained upon, and that such furniture, goods, or chattels are the property or in the lawful possession of such lodger ; and also setting forth whether any and what rent is due, and for what period, from such lodger to his immediate landlord ; and such lodger may pay to the superior landlord, or to the bailiff or other person employed by him as afore- said, the rent, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of such superior landlord: And to such declaration shall be annexed a correct inventory, subscribed by the lodger, of the furniture, goods, and chattels referred to in the declaration ; and if any lodger shall make or subscribe such declaration and inventory, knowing the same or either of them to be untrue in any particular, he shall be deemed guilty of a misdemeanour.

IF any superior landlord, or any bailiff or other person employed by him, shall, after being served with the before-mentioned declaration and inventory, and after the lodger shall have paid or tendered to such superior landlord, bailiff, or other person the rent, if any, which by the last preceding section such lodger is authorised to pay, levy or proceed with a distress on the furniture, goods, or chattels of the lodger, such superior landlord, bailiff; or other person shall be deemed guilty of an illegal distress, and the lodger may apply to a Justice of the Peace for an order for the restoration to him of such goods ; and such application shall be heard before a stipendiary Magistrate, or before two Justices in places where there is no stipendiary Magistrate, and such Magistrate or Justices shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods, or otherwise, as to him or them may seem just ; and the superior landlord shall also be liable to an action at law at the suit of the lodger, in which action the truth of the declaration and inventory may likewise be inquired into.

2.

Penalty.

3.     ANY payment made by any lodger pursuant to the First

Proviso as to pay- Section of this Act shall be deemed a valid payment on account of

meats by lodger to

superior landlord. any rent clue from him to his immediate landlord.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

By Authority : A. CURTIS, Acting Government Printer, Perth.