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CHAPTER
292
LODGERS' GOODS PROTECTION |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Lodger, if distress levied, to make declaration
that immediate tenant has no property goods distrained. |
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Proviso as to payments by lodger to superior
landlord. |
CHAPTER 292 |
LODGERS' GOODS
PROTECTION |
An Act to
protect the goods of lodgers against distresses for rent due to the superior
landlord. | 34 & 35 Vict. c.
79 extended by 10
of 1872. |
[Commencement 16th
August, 1871] |
1. [This Act may be cited as the Lodgers' Goods
Protection Act.] | Short title. |
2. If any superior landlord shall levy or authorise to
be levied a distress on any furniture, goods, or chattels of any lodger for
arrears of rent due to such superior landlord by his immediate tenant, such
lodger may serve such superior landlord, or the bailiff or other person
employed by him to levy such distress, with a declaration in writing made by
such lodger, setting forth that such immediate 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 aforesaid, 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 material particular, he shall be deemed guilty of a
misdemeanour. | Lodger, if distress levied, to make declaration that
immediate tenant has no property in goods distrained. |
3. 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, shall 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. | Penalty. |
4. Any payment made by any lodger pursuant to the first
section of this Act shall be deemed a valid payment on account of any rent due
from him to his immediate landlord. | Proviso as to payments by lodger to superior landlord. |
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