Lodgers Property, etc Act 1882 (SA)

ANNO QUADRAGESIMO QUINTO ET QUADRAGESIMO SIEXTO

A.D. 1582.

No. 250.

An Act to protect the Goods of Lodgers and Agistcd

Cattlc against L)istrcsscs for Rent due to the

Superior Landlord.

[Assnzkd to, NuvemBer r7t4 1882.1

B E it Enacted by the Governor of the I'rovince c,f 8outli l'reun~le.

L4ustralia, with the advicc and colisclat of the Legislative

Council and House of Assembly of the said province, in this present

Parlianien t asseniblecl, as follows:

1, The Act No. 14 of 1873, intituled " The Lodgers Property Repc?al of A C ~ NU.

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Prot,ection Act," is hereby repcnlcd: Provided that nothing herein l4 shall aff'cct any act or thing lawfully aade or done under the authority of the said Act,

2, If any sulwrior landlord shall levy, or authorise to be levied, Lodger or owner of sgisted cattle may

n distress on ; u l V furIliturC3, goods, Ol. ch;lttcl~ Of ally l~dger, Or On declnraion, and

imy cnttlc agisjcd on thc dcmiscd land for nrrcors of rent due to llay money due to superior landlord.

such superior landlord by his imniccliate tenant, such lodger, or the V '

owner i f such cattle, or his agent, may scrvr suCh superior landlord, or the bailiff or other person employed by him to levy such distress, with a declaratioil in w titing, signed by such lodger, or the owner of such cattle, or his agent, and made before a Justice of the 'Peace, setting forth that such immediate tenant has no right of property or beneficial interest in the f'urniture, goods, cattle, or chattels so distrained, or threatened to be distrained upon, and that such furni-

ture, goads, cattle, or chattels a1.e the property, or in the lawful

possession, of such lodger, or on the property of such owner; ancl also setting forth whether any and what money is duc for lodging or

agistment,

45' & 46" VICTOKIE, No. 250.

The Lodgers Property and Agisted Cattle Pwtection Act.-1882.

agistmcnt, and for what period, from such lodger or owner, to his immediate landlord; and such lodger or owner may pay to thc superior landlord, or to the bailiff or other person employed by him as aforesaid, the money, if any so due, as last aforesaid, or so much thereof as shall bc sufficient to discharge the claim of such superior landlord and his lawful charges; and to such declaration shall be annexed a correct inventory, subscribed by the lodger or owner, of the furniture, goods, cattlc, and chattels referred to in the declara- tion; and if any person shall make or subscribe such declaration and inventory, knowing the same or either of them to be untrue in any material particular, he shall be deerned guilty of a misdemeanor.

of furniture

cattle to lodger or 3. Any sale of furniture, goods, cattle, or chattels between a

o n e r II,,II h n ~ void. tenant and his lodger, or such owner as aforesaid, shall, with rcfcr- ence to any proceedings under this Act, be null and void.

Landlord levying	4, If any superior landlord, or any bailiff or other person
after teuder or

payment of money

employed by him, shall, after being served with the before-mentioned

liable to action.

declaration and inventory, and after thc lodger or such owncr as aforesaid shall have paid or tendered to such superior landlord, bailiff, or other person, the money, if any, which by the first section of this Act such lodger or owner is authorised to pay, shall levy or proceed with a distress on the furniture. goods, cattlc, or chattels of the lodger or owrrer, such superior landlord, bailiff, or other person, shall be deemed guilty of an illegal distress, and thc lodger or owner may apply to a Justice of the Peace for an order for the restoration to him of such goods, and such application shall hp lreard before a Special Magistrate or two Justices of the Peace; atld such Special Magistrate or Justices of the Peacc 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 sccrn just; and the superior landlord shall also be liable to an action at law at

Q	the suit of the lodger or owncr, in which action thc truth of the
declaration and inventory may likewise be inquired into.

Payment to irnmc-

&ate landlord. 5. Any payment made by any lodger or owner, pursuant to the

first section of this Act, shall be deemed a valid paynient on accounk

of any money due for lodging or agistment from him to his immediate

landlord.

Short title. 6. This Act may be cited for all purposes as " The Lodgers

Property and Agisted Cattle Protection Act."

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOWD JERVOIS, Governor.

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Adelaide: By authority, E. SPILLER, Government Printer, North-terrace,