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1
1036
Enquire within upon everything
·
Robert Kemp Philp
555
1524.
Seizure
of
Goods
removed.
Goods
conveyed
off
the
premises
to
prevent
a
distress
may
be
seized
anywhere
within
thirty
days
after
the
removal,
and
if
force
is
resorted
to
by
the
landlord,
it
must
be
in
the
presence
of
a
constable;
but
goods
removed
before
the
rent
is
actually
due
cannot
be
followed,
but
the
rent
can
be
recovered
by
action
as
a
debt
in
the
County
Court.
The
general
rule
is,
that
nothing
can
be
distrained
which
cannot
be
returned
in
the
same
condition
as
before
the
distress
was
made.
1525.
Appraisement.
Section
1
of
the
Act
2
W.
and
M.,
cap.
5,
requiring
appraisement
before
sale
of
goods,
is
repealed,
and
appraisement
is
not
necessary
unless
demanded
in
writing
by
the
tenant,
or
owner
of
the
goods,
who
must
pay
the
cost
of
such
appraisement
and
subsequent
removal
of
goods
for
sale.
Appraisement
made
by
the
distraining
broker,
or
any
interested
person,
is
illegal.
1526.
Bankrupts'
Rent.
In
cases
of
bankruptcy
not
more
than
one
year's
lent
is
obtainable
by
distress;
if
more
be
due,
the
landlord
is
only
entitled
to
come
in
with
the
rest
of
the
creditors
for
the
further
sum
due.
1527.
Illegal
Charges
for
Distraint.
By
the
51
and
52
Vic.
cap.
21
(Law
of
Distress
Amendment
Act,
1888),
no
person
distraining
for
rent
shall
take
other
charges
than
those
hereafter
scheduled:
any
party
charging
more
can
be
sued
for
treble
the
amount
unlawfully
taken.
1528.
Expenses
of
Distraint:
£
s.
d.
Levying
a
distress
(under
£20)
0
3
0
[Over
£20
and
under
£50,
3
p.c.
on
the
amount;
£50
to
£200,
2-1/2
p.c.;
above
£200,
1
p.c.]
Man
in
possession,
per
day,
if
rent
due
be
under
£20.
0
4
6
Ditto,
over
£20
0
5
0
(Man
to
provide
his
own
board
in
all
cases.)
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