Distress (Costs) Act, 1817

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DISTRESS (COSTS) ACT 1817

CHAPTER XCIII.

An Act to regulate the Costs of Distresses levied for Payment of Small Rents. [10th July 1817.]

[Preamble.]

No person making any distress for rent, where the sum due shall not exceed 20l. to take other charges than mentioned in the schedule annexed;

nor to charge for any act not really done.

[1.] No person whatsoever making any distress for rent, where the sum demanded and due shall not exceed the sum of twenty pounds for and in respect of such rent, nor any person whatsoever employed in any manner in making such distress or doing any act whatsoever in the course of such distress, or for carrying the same into effect, shall have, take, or receive, out of the produce of the goods or chattels distrained upon and sold, or from the tenant distrained on, or from the landlord, or from any other person whatsoever, any other or more costs and charges for and in respect of such distress, or any matter or thing done therein, than such as are fixed and set forth in the schedule hereunto annexed, and appropriated to each act which shall have been done in the course of such distress; and no person or persons whatsoever shall make any charge whatsoever for any act, matter, or thing mentioned in the said schedule, unless such act shall have been really done.

Partyaggrieved by any such practice may apply to a justice of the peace.

Justice may adjudge treble the amount of the monies unlawfully taken to be paid, with costs; which may be levied by distress.

2. If any person or persons whatsoever shall in any manner levy, take, or receive from any person or persons whatsoever, or retain or take from the produce of any goods sold for the payment of such rent, any other or greater costs and charges than are mentioned and set down in the said schedule, or make any charge whatsoever for any act, matter, or thing mentioned in the said schedule, and not really done, it shall be lawful for the party or parties aggrieved by such practices to apply to any one justice of the peace for the county, city, town, and acting for the division where such distress shall have been made or in any manner proceeded in, for the redress of his, her, or their grievance so occasioned; whereupon such justice shall summon the person or persons complained of to appear before him at a reasonable time to be fixed in such summons; and such justice shall examine into the matter of such complaint by all legal ways and means, and also hear in like manner the defence of the person or persons complained of; and if it shall appear to such justice that the person or persons complained of shall have levied, taken, received, or had other and greater costs and charges than are mentioned or fixed in the schedule hereunto annexed, or made any charge for any matter or thing mentioned in the said schedule, such act, matter, or thing not having been really done, such justice shall order and adjudge treble the amount of the monies so unlawfully taken to be paid by the person or persons so having acted to the party or parties who shall thus have preferred his, her, or their complaint thereof, together with full costs . . .

[S. 3 rep. 47 & 48 Vict. c. 43. (Summary Jurisdiction).]

No judgment to be given against any landlord unless he personally levies the distress.

Parties not to be barred of other legal remedies.

4. . . . Provided always, that nothing herein contained shall empower such justice to make any order or judgment against the landlord for whose benefit any such distress shall have been made, unless such landlord shall have personally levied such distress: Provided always, that no person or persons who shall be aggrieved by any distress for rent, or by any proceedings had in the course thereof, or by any costs and charges levied upon them in respect of the same, shall be barred from any legal or other suit or remedy which he, she, or they might have had before passing of this Act, excepting so far as any complaint to be preferred by virtue of this Act shall have been determined by the order and judgment of the justice before whom it shall have been heard and determined; and which order and judgment shall and may be given in evidence, under the plea of the general issue, in all cases where the matter of such complaint shall be made the subject of any action.

[S. 5 rep. 47 & 48 Vict. c. 43. (Summary Jurisdiction).]

Brokers in all cases to give copies of their charges to the persons distrained.

6. Every broker or other person who shall make and levy any distress whatsoever shall give a copy of his charges, and of all the costs and charges of any distress whatsoever, signed by him, to the person or persons on whose goods and chattels any distress shall be levied although the amount of the rent demanded shall exceed the sum of twenty pounds.

Printed copy of Act to be hung up in sessions house.

7. A fair printed copy of this Act shall be hung up in some convenient place in such halls or room where the justices of each and every county in England and Wales shall hold either their quarter or other sessions.

SCHEDULE referred to in this Act.

[Forms of Order and Judgment rep. 47 & 48 Vict. c. 43. (Summary Jurisdiction).]

Schedule of the Limitation of Costs and Charges on Distresses for Small Rents.