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In all cases of distress for rent a written notice of the rent claimed, &c. shall be given.
Distress by persons entitled to rent not unlawful, though person legally entitled to reversion is not named in notice.
Distress not unlawful on account of mistake in amount in notice.
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10. In all cases of distress for rent cognizable in any court, whether superior or inferior, the person making any such distress shall at the time of making such distress deliver to the person in possession of the premises for the rent of which such distress shall b3 made, or, in case there shall not be any person found in possession, shall affix on some conspicuous part of such premises, a particular in writing of the rent demanded, specifying the amount thereof, the time or times when the same accrued, and the name and place of abode of the person by whom, and (if the person who acts in the making of the distress be not the party claiming to be entitled to the rent for which the distress is made) the name of the person by whose authority such distress is made, or otherwise such distress shall be unlawful and void: Provided always, that if the person by whom or by whose authority such distress shall be made shall be the party substantially and beneficially entitled to the rent, such distress shall not be unlawful or void by reason that the person having the legal estate in the reversion is not named in such notice: Provided also, that if any such distress shall be in other respects sustainable and well founded, the same shall not be unlawful or void by reason that the amount of rent demanded by such notice shall not be the exact amount due, if the misstatement of such rent in such notice shall have been made by mistake, and without fraud or malice, or want of reasonable care.
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