Enquire within upon everything
Robert Kemp Philp5551524. 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 Section 1 of the Act 2 W. and M., cap. 5, requiring appraisement before sale of goods, is repealed, and appraisement is not necessary unless demanded in writing by the tenant, or owner of the goods, who must pay the cost of such appraisement and subsequent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.)

