Landlord and Tenant. reh.27. No. 16.

941,

CHAPTER 27. No. 16.

LANDLORD AND TENANT.

l\. N ORDINANCE RELATING TO LEASES AND THE RECOVERY Ordinances

OF. RENTS AND otHER PERIODICAL SUMS OF MONEY. Ch-,-i~6:o,16
No. 48-1946 .
.. 16-1949.
[2nd IV! arch, 1B46.J Commence-
, ment.

10 This Ordinance· may be cited as the Landlord and Short tit'le.

Tenant Ordinance.

2 ~ In this Ordinance- Interpre~

tation.
({ land l' includes messuages) tenements, and any
e?tate or interest therein;
t( lease n includes every lease, whether the same be
for life or lives, or for a term of years, or frorn year to
year; ,
(t rent" includes all rent charges , rents-seck, as well '
as rents reserved -yvith a power of distress. -

3. No lease for a ternl exceeding three years or s-q.rrender Lease or

of any land shall be valid as a lea$e or surrender, unless the ~~r~~~:~J~
same shall be made by deed duly registered; but any ,
, agreement in writing to let or surrender any land shall be
valid and take effect 'as an agreement to execute a lease or
surrender, and the person who shall be in the possession
of' the land in pursuance of any agreelnent to let rnay,
from payment of rent or other circumstances, be construed
to be a tenant from year to year.

4. Ev~ry lease for life or lives, or for any other term of Freehold
· dura
uncert aln :" t'lon, s1tla11- b e and- b e tak en to b
e a'
freehold and chattel
interest.
, interest) and, every leas,e for a time certain shall be and be
942 Ch.27. No. 16.J Landlord and Tenant.

taken to be a chattel interest, and every such estate of

freehold or chattel interest, 'as the case 'may be, 'shall have
such and the same qualities and incidents as the life estate
or interest has by the lavv of Engl(~pd.

Certain 5. Whenever any question shall, arise touching the

questions to
pe ,decided validity of any lease or demise of any land in the Colony
as in as regards the lessor's power to grant such lease, or touching
England.
the right of any lessor, or any person claiming from, by,
or under the lessor, to the rent reserved, or to re-enter upon
the land demised, or to determine such lease, or touching
the liability of any lessor, or any person claiming from, by,
.or under the lessor, to repair, or touching the validity of
any lease against any pers9n claiming or ~ntitled to any
estate in the land demised- after the determination of the
particular estate of the lessor, or touching the right of the
lessee or tenant of any land to remove any fixtures annexed
or affixed 10 the land demised during the continuance of ,
the lease, or touching the liability of any lessee, his heirs,
successors, executors, administrators, or assigns, or the
assignee or under-lessee of any lease for the rent, or for'
doing vvaste or other forfeiture, or for not performing any
condition, covenant, or agreement contained and expressed'
in the· lease, aemise, or grant, or for repairs, or for the
payment of any tax or local rat~, or touching the deter-
mination, merger, forfeiture, or disclaimer of any lease;-
every such question shall be determined ·according to the
law of England.

Tenancy 6. A ten~ncy from year to year may be implied from ,any, .

from year
to-year. circumstances vvhich would be sufficient to create 'such a
tenancy according to the lavv of England, and such tenancy
from 'year to year $hall have the same duration, and,'
incidents, and shall be determinable by notice in the same
. manner)
. as by the law of England. "
' \

Lease to be 7. Every lease bona fide made by de~d duly recorded

good except
as against _shall be good as against ,all parties claiming ~ creditors of
mortgagee the lessor , save only and except any mortgagee of the, land
,so leased claiming by virtue of some - express mortgage
duly registered previously to the registration of s~ch'
lease, and no mortgage granted by the less~r s~all be t8:ken
 Landlord and Tenant. '27. No. 1'6. 943,

as determi~ing the privity of estate :J:>etween .the l~sso~ 'and"

the lessee. ' \

8. Every person having any :rent in arrear and ,due to- 'Distress. "
him upon any grant, lease, demise, or contract w:t,latsoever,
shall have the same remedy by distress for the r~Govery of,
such rent as is given by the law of England in, the like case. , '

9. In every ca$e of distress for rent; the'tenaiit~orO'wner ,'Replevy.

of the goods. or chattels distrain~d upon shall ~have the .' '
same right to replevy the goods or chattels so distrained
upoJ?- as is given by the law of England in the like, cases.,
.!

10. If the goods or chattels of any person be taken ,and Replevfu..'

wrongfully withholden, the Magistrate of ~he district where
such goods and cp.attels may ,be so taken, after complaint
made to him) snaIl have authority to grant replevin of such
goods and chattels without let or. gainsaying of him tl1at
took them; and such ·Magistrate shall" before any deliver-,
ance of the distress, take in his 'O' Vvn name from the plaintiff '
and two sufficient persons as sureties, a b6nd in double the'
value of the goods aistrained, such value'to be ascertained ..
by the oath of one or more' 'credible .,Witness or witnesses ,1
\
not iriterestedin the goods or distress, which oath such . \
lVlagistrate is hereby authorised and ,required to administer,
and conditioned for ,prosecutil!g ,the suit with effect and '\
without delay, and for duly returnhig the goods and chattels
distrained in case a 'return shall, be awarded. And the
.' ':,

Magistrate taking' such bond shall, ,at the: ~equest and "
costs of the' aVOV\Tant or pe~son making conusance; assign _
such ,bond to the avowant or pers9D 'aforesaid~ by endorsing, .
the same and attesting it .under his harid in the presence
.- of two or ;mote credible 'vvitnesses; and if the bond :so taken
and assigned be 'forfeited, the avowant or persbn making
cOnusance rna y bring an action and recover thereupon 'in'
his own name, and the Supreme Court may by a-rule give'
such relief to the parties upon such bond as may be agreeable ~
to justice and reason) arid such rule shall have the nature
and effe'ct. of a defeasance to. such bond. --~'-----~-.
Every·'·actiop. of replevin shall be brought in, t~e'$upreme"
Gourt.'· '" '" ," ..- (:. , .
 944 Ch.27. No., 16.J ,Landlord and·T~nant.'

Goods
distrained
11.: (1) Where9,ny goods ~r chatteis 'jhall be .distrained
, .for r~nt for. any rent reserved and due upori ,any demise, Jease, of
, ma. y be sold. cont:ac~' ~hats6ever~ and, ~he ,tena:Qt 'o~ ': <?wner of t~e, gOQds.-
so dlstralned shall not, WIthIn ave. days next after :,such
distress taken, and notice thereof (With the cause"'of .such ,
taki:p.g) left at the chief dwell~ng-house' or oth~r ',most '.
; notorious· place on the premise's charged ,,'With the;rent·
distrained for, replevy th~same, With sufficient '.security'
I
[ .

i- • to be given to the prescribed officiaJ a~cording to law" ,then

in s~ch case, after such "distress ··a:t1d·-notic~-·:asaforesaid;
and expiration of the said fiv~ ,days, the pei-s()n distfciining'
shall and may, vvith the ptestribE:d dfficial;, or With'anieiriber
of 'the Police Force (who are hel?eby required to'be':-~idi:rig
and assisting therein) lawfully ,sell the goo.ds 'and 'chattels
so distrained f9r the' best, price that can.-be gotte'ri"for the,
same, 'towards satisfaction of the tent, for which the' said
-goods and chattels shall be -'distrained, . -and. of "chitrg~s",a'f '
'I

such distr:ess and sale, leaving th~ ,'surplus (if any)~in .:,:th~ ,
hands of the said prescribed official.or member of the 'Po1i¢e
Force for -the ovvner's 1.1.se. '-,.' ' ' ,
. , ·RemovalQf
goods.
(2)' For the :'purpos~ 'of ~al~~ ~he --g~ods <lJ?fl' :¢h~ttels '
$hall, at the request in writing of, the tenant <>i' ownet,,'of
such go.ods and chattels, pe re:rp.oved·to a public' auctjori-
room, or some other fit and -,proper place specified 'iR-:,:~tich :::.
request,and be"there sold:', Provided: tha~ 'th,ecosts ~a:nd '
expenses attending aJ:?y such removal, and 'any. damage to
the goods and chattels arising therefrom, shall be borne
and paid by the person requesting the removaL .' '
Treble
damages for
12. 'In ca~e of any pound~breach, ,or- resclie 'of goods' or '
. rescue or chattels distrained, for rent"the' 'person. grieved 'thereby,
'pound- -. shall, in an action for the wrong thet~by sustained,.r¢cover'
breach.
his treble damages and costs 'of suit against the"()fiender
or offenders.in ~ny such 'rescue or, pou:nd-br~a.ch,' any or .
either of them, or' against the oWner of ~he, goods.)~istiain._ed,"
,
in case the same· be afterwards found to' have .comelo,
~. . , :, - - his" . .~ ..

use or 'poi?session~
>

... '

Double , .13. In case ,any~uch' distress and sale as' afor~said' sh~ll
, be' 'uuide 'by virtue or colour, of tllls "Ordinance 'Jar :.-tent,
~mages
\d costs'
-"b8.inst
wrongful
pretended to' be'ip. arrear and d1J~ ,where' in, truth'!lo . ,rent'
distrainer. is in arrear '(;)l~.due,Jo the ,persond\straining, ot to-l)irri in .
 Landlord and Tenant. [Ch.27.' No. 16.~ 945·

whose name or right such distress shall be taken as afore- ..

said, then· the o,vuer of such, goods 'or chattels distrained
and sold as aforesaid, his .executors or administrators, shall
and may, by action to be bro\lght 'against the person so
distraining, his, executOrs or administrators, recQver double
the value of the goods or chattels so 'distrained and ·sold,·
together with full costs of suit. ," . ,

14. No goods or chatfels ,whatso'ever, . lying ,or :peing .in·~~~o:goo~s.-·

~r' upon 'a:uy land .which. is or shall ,?e leased' for., life ,or' ~!~e~o~e ... _',
lives, term of years, at "Wlll or otherWIse, sh.all be liable to .execution '
. be taken by virtue of any execution on' any pretence uDlrtessbthfe '
W'hatsoever, u nl ess t h e part y a t v/ose
h' SUI"t th
- e sal"d' .
executIon pa y e of
'removal ore,
is sue~ ot,tt shall,. before tJ-:.e _removal of such ~oods' from ,~~.,g~~~S,
·off the SaId premIses, by'VIrtue 9f such. executIon, pay to the la.tidlord
the landlord of the .said premises all sochsul1)..·.or sum~ of ~\~~~~~e
money as are or shall be due for r~nt for the saId pre.mlses year's .
~t' the .time of the 'taking such 'gogds or. cha~tels by virtue arrears,.,
of such execution: Provided that the said arrears of rent ' '
do not amount to more than one ,year's rent;. and. iri case
the· said arrears shall ,exceed one. year's, rent, then the said
party at whose suit such execution is sued out, -p'aying the
said landlord one year's rent, m<l:Y proceed to ,execute his
judgment, and the Marshal at other officer,' is her~byJ
: empowered and required to levy ~nd pay to the plaintiff
as well the money so paid for rent as the execution money.

15. In case any'tenant, lessee for: life or lives) term of Landl~rd ...
Y e'ars at will or sufferance
, ., . .
of 'any
, , . .
land up' on the demise and
may dlstram
sell
or holdIng 'whereat any rent IS or shall be reserved, due goods' J

or ',made payable, ,shall fraudulentiy or clandestinely convey ~:a;;?ef~n~ly

, away or carry off or from such ,demised premises his goods the ,premises.
'or chattels, with intent to prevent the landlord or' lessot
from distraining the same for arreas' of rent sO reserved, .
. due, or made payable as aforesaid, it,shall and ,may be lawful
to and.for such lessor or landlord, or, any person' or persone
by him for, that purpose 1awfully~,' empowered, within the"
space of thirty days next ensuing such conveyin'g away o.r , ,i ,
carrying off such goods or chat,tels ,~s aforesaid, to take (
I
and seize such goods and' ch.attels, whet~ver the same shall
be found} as a distress 'for the said arrears of such. rent, and
the saine to sell or otherwise dispose of; arid to distribute
T.-III.· . 60'
 ·946 Ch."27. No. 16.] Landlord,and'Tenant.

the 'money arising by 'such sale; in such manner as if the

said goods and chattels had actually been distniined by such, ,
lessor or landlord in and upon" such demised premises for
" such arrears of rent, .any law, c,:!stom, , or usage to the con-
,
~::~fia;~:le; ~rary. in an:ywise notwit~standing: Provided that nothing
Rent in
In thIs OrdInance contaIned 'shall extend or be construe.d
arrear upon to . empower such lessor or landlord to, ta~e or seize any
, a lease may goods or chattels as a distress for arrears of rent, which shall
be dis trained
for after the have been sold bona fid.e a l1 d.}or, 3; .. valuable consideration "
determina,- before such seizure made, to any person_ or persons .not
tion oJ'the
.. leas~. privy to such fraud as aforesaid, anything herein contained
to, the contrary notwithstanding. ,'" .

Distress to 16. It shall and may pe lawful'for ,any p6rsonhaving any

be within
six 'months rent in arrear; or due upon any lease for life or'lives, or for
after end of years, or at will, ended 'or determined, to distrain for such
lease.
arrears after the det~rniination of such lease, in -the same,
manner as' he might have done if such lease had·not been
ended or determined: Provided' that such distress be made'
. within, the space· of six months after the determination of '
such lease, and during,the, continuance of such landlord's
title or interest, and during the possession of the tenant
. from whom such arrears became due.'

Penalty for 17. If any tenant or lessee shall fraudulently remove and"
iraudulent convey away his goods or c~attelsJ or if any person shall
removal of
goods. . wilfully and knovving~y aid or assist any'tenant or lessee in .
such ,fraudulent conveying away or carrying off of any
part of his goods or cp.attels, or.inconcelliing' the same,
,every p.erson so offending shaJl forfeit and pay to the'
landlord or lessor from vinose est~te such goods apd chattels
were fraudulently carried off as aforesaid, double the value
of the goods so c(irried :off or concealed as aforesaid, to be
.recovered by action of debt.

Landlord '18. l t shall and reay pe lawful to a:p.d for' every 'lessor' or
may dishain landlord, or his steward, bailiff) receiver,or other, person
on stock or
", cattle. or persons empowered by him, to take and seize as a distress
1
for arrears ·of rent, any cattle. '-or stock. of any lessee or
tenant, feeding or depastnringupon any common appendant
or 'appurtenant, or in anywise belonging to all or any ,part
of the premises demised .or holden ; and also to take and
 Landlord and Ten-ant. [Ch. 27~ ,:No . .16 .

.seize all sorts of fruits, produce, or 'other product,wh~tsoever 3

,which shall be growing, or in' t;h.~ course ofmanufactqre or

made, on any part of the premises so demised or holden,
,as a distress for arrears of rent, and thesame to cut"gather"
.make, cure, carry, and lay up when ripe pr ,cured in the
buildings or other proper place' on the premises so 9-eniised ,
lor holden; and 'in case there shall be no building or proper·
place on the premises so demised, or holden, then in- any
:other building or proper place ,which s~ch lessor or landlord
;shall hire or otherwise procure for that purpose,' and ,'as .
:near as may be to the premises> and in ,convenient tim~ to
.appraise, sell, or otherwise dispose, 'of ,the S9-me, towards
$atisfaction of the rent for' which such distress shall have
-lbeen taken, and of the charges' of such d~stress,appraise­
ment, and sale in the same manner' as ,other, goods' and
.chattels may be seized, ,dis't~ained, ·and disposed of, and,
the appraisement, the!eof tob.e ''taken ,when cut, gath~red,. ,
,~ured, and maQ.e, and' not befor~: -
Provided that notice of, the place where the goods and Tenant t?'
c~at~els so disttained shall. be lodged or ?eposited,s?~ll, ~,r";!:C~hce
-WIthIn the space of one week after.. the lodgIng or depOSItIng ~here ~e .
" in such pace,
i h ereof 1 b,e ·gIven
' to sueh essee'I or ' dIstress IS
tenant, lodged. '
~r left at the last place of his abode:" ,. "
Provided also, ,that if after any distress:' for arrears of Dist;ess,oi '
" rent so' taken of fruits, produce, or other' prod~ct which '~~~~:ffer~~lt
shall be growing or in the course, of manufacture .ormade be pai~ .
;as a f oTesal.d
,andat 'any J...Llme
• b ef ore th e san1.e sh'all b e rIpe
. before It lS
gathered . i '

.and cut, cured, or gathered, the tenant ~r lessee, or his'

..executors, administrators, or assigns, shall payor cause to
be 'paid to the lessor or landlord for' :whom ,such distress '
-shall be taken, or to the stevv"ard or ·other persol1 empowered"
-ar usually employed to receive the rents of such lessor or
ilandlord, the: -whole rent which shall ,be then in arrear,
together with the full costs and. charges ·ofmaking such
.distress) and which shall, have been, occasioned ,ther~by~
-then and upon, such payment or, 'layvful . tender thereof " .
.actually made, wh~reby "the end of ,such distress :-vyil1. 'be
-fully answered, the same and every part thereof. shaJ.l cease)
and the fruits, produce, or other ,product so ,distrained
~shall be delivered up to the lessee or tenant; his e.:kecutors~ ~ ,
~administrators, or assigns~ anything hereinbefor~ 'contained,
to the contrary ,-notwithstanding. . . , ,
. 60 (2)
-948 Ch.27. No. 16.J Landlord and Tenanf

Landlord 19. -Where any goods or chattels fraudulently or clan-·

:ma.y break destinely conveyed or carried away by any tenant or lessee"
open houses
to seize or his. se!vant or .agent, or other person or persons aiding,
goods or aSsIstIng thereIn shall be put, placed, or kept in any
f.raudulently
secured house, stable, out-house, yard, close, or place locked UP,.
therein. fastened, or othervvise secured, so as to prevent such goods-
or chattels from being ~aken and seized as a distress for
arrears of rent, it shall and may be lawful for the lanqlord
,or lessor, or any person empowered to take and seize, as'-
a distress for rent, such goods .and chattels ,(first calling to,
his assistance some c~Histable of the district or place where.
the same shall be suspected to be co:ncealed, which.
, constable' is required to aid and assist therein; and in 0asQ,
of a dwelling-house, oath being also first made before a.
Justice of a reasonable gfound to suspect that such goods.
or chattels are therein, and on the warrant of such J.ustice).
in the daytime, to break open and enter into_ such house~
stable, out-house, yard, close, and place, and to take and
, seize such goods and chattels for the said arrears of rent.

r~f~f:: over 20: In case any tenant for any terlll: of life~ liv.es or,1 '

lands. et~'1 years or other person who shall come Into po'Ssess~on ot:
J

~f;:ro~~~~!-' any land, by, from, or under, ·or by collusion with, such
to pay' , tenant, shall wilfully hold ·over any land after the deter...
double the '. t' f
yearly value. ?1 ma ~~n 0 ~uc
h t erm, .a? d ~Iter
(" -
dernan d m.ad e an d notIce
.
. In wrItIng gIven for delIverIng the possessIon thereof by
his landlord or lessor) or the person to whom the remainder
or reversion of such land shall belong or his agent thereunto.
lawfully authorised, then and in such case such person so
helding o:ver shall, 'for and during the time he shall so hold
over, or keep. the person entitled out· of possession of, the
said land. as aforesaid, pay to the person so kept ouf of
'possessio'n, his executors, administrators, or assigns) at. the
rate of double the yearly value of the land so detained, for
so long time as the land is detained) to be recovered' by
action of debt) against the recovering of which said penalty
there shall be no equitable relief. -

Procedure 21. Where the term or interest of any tenant now or

after notice
to quit. hereafter holding under a lease or agreement in writing any
lands for any term or number of years certain" or from year
. to year., shall have expired or been determined ,ei~her by.
 , i
, J

'Landlord an.d Tenant~ [Ch. 27. 'No. l(j'. 949 I

t
the landlord or tenant, by regular' notice to 'quit, alld sp.ch'
tenant, or anyone holding or claiIning by' or underhini, 1
shall 'refuse" to deliver up possession accordingly after':' ,j
lawful demand in writing made and signed by th~ landlord" ~ 'i
or his agent, and served personally upon 'or left at the' 'I
1
1
dwelling-house' or usual plac~ o~ abode of 'such tenant .or !

person, and the landlord shall thereupon: proceed by ,action I

~

for the recovery of possession, it ;;hall be la\yful for him, at '

the foot of the ,statement of claim, to address "a notice, to
such tenant or person requiring him,. to:appearin"lhe"court:, :- ,
I
I
and .for such purposes as are ,hereinafter next specified; :' /
and upon the appearance of the party on th~ day prescribed, ,; I
,I
" 'Of, in cas~ 6f non-appearance, on Il).aking the usual p,ffidav:i~
of service of the statement of claim and notice, it ,shall be
lawful for the landlqrd pr'odueing the lease 'ot agreeinent~
or some counterpart or duly, certified copy thereof, and
,proving the execution' of the same by affidavit, anq. upon'
affi9-avit that ~he pre;mises have'been actually enjoyed under
such lease or agreement, and that the interest of the tenant
hqs expired or, been determined by regular nptice to quit, '
-as the case rnay be" arid that possession has been lawfuny
demanded in manner aforesaid} to'~n0ve the court for a rule
for such tenant or person to ?how cause, \~ithin a time to -
be fixed by the court on a, consideration 6-£ the" situation ' .
of the pre,mises, why ,such, tenant, or person, upon being
admitted defendant, beside giving the co~mon undertaking,
should not undertake ~ in' case a verdict shall pass for the
plaintiff, ,to giv~' the plaintiff, a judgment to be entered"up
against the real defendant, and also why he should,not
enter into a' recognisance, by himself and two sufficient'
sureties, in a reasonable sum,,. c6nditioneq.' to 'pay the ,costs
and da;mages which ,shall be recovered by the plairitiff in
the action; ,and it shall be.1avlful fat the court upon ca~se "
shown, OT upon affidavit of, the service of the rule 'in case'
no cause shall be shown, to'make the same'"absolute in the
'whole or in part, and to order such 'tenant br person, within
a time to be fixed upon a conside'ration of alLt,he circum-
, stances, to give such, undertakings, and find such bail, with ~
such, conditio.ns and, in such manner 'as shall be specified"
in the said Tute, or such part 0,£ the' same so made absolute; ,
and in, case the p<;trty shall neglector refuse so to do, and,
shall lay no, ground to induge the 'court t.o enlarge th,e time
for obeying the same, then upon affi~avit:of the -service of '
 <Ch. 27~ No. 16.J Landlord and Tenant.

such order, an .absolute rule shall be made for' enfering up

judgment for the plaintiff., " .',

Recovery of - 22. It shall and may be .lawful to and for the lanq.lord1"
demises not 'Wh ere the agreement is not by deed, to recover' a
~~~ reasonab1e:
. by deed. satisfaction for the, land held or occupied. by the
defendant"
in an action for the use and occupation of what was so'
held or enjoyed; and if in evidence on the trial 'of, such.
,action any ,parole demise or any agreement (not 'being' by"
deed), whereon a certain, rent was' 'reserved shall appear,.'
Jhe plain~iffmay make use.. thereof as e\ddence' of the:
'q~antum of the dam:age.s to' be recovered .

.!
'I ,
Re'covery of 23.' Where any tenant Jor life shall 'happen to die b~fore:
~~ie~:~:a~t or on ,t,he day on"\vhich ~ny rent may be reserved or mc:-de:' ,
where tenant payable. ,upon any demIse or, lease. of 'any land whIch.
~o~~~e r~;t .deterini~~d on 'the death of such tenant f~r life, the executors
is payable. or admInIstrators of such tenant for 'hfe shall and may,.
in an action) -recover of and from sU,eh under-tenant or'
under-tenants of such land, 'if such tenant for life die OIr-
the day on which the same was made payable, the,whole,.
. or if, before, such day, then a proportion, of such" Jent,.
.according to the tiIne such tenant, for life lived, of the last
year, or quarter, of a year, or' other time in which,the said
rent 'was growing due fl,S aforesaid _(making all just
<

,allowances) or a proportionate part ihereof.respectively.

Tenant -24.. In 'ca$e any tenant -shall ,give notice of his intention
holding
premises ,.~a "quit the premises by him holden at a time mentioned .. 1,'"

after notice in'such notice} and ,shall, not accordingly deliver up .the
to quit to ,possession thereof at ,the -time in such notice, contairied,
pay double
rent. ·..then the said tenant)· his. executo.rs or administrators 1
shall 'from' thenceforward pay to the landlord ar .lessor
,double the rent or sum which he should otherwise 'have
paid, to be levied,' sued for,and recovered' at the- same
time, and in,the same manner as the' single rent or 'sum
before the giving $uch ,notice could be levied" sued for, ,or
recovered; ,.and such double rent or sum shall cOI+tinue to
be paid during all- the time such tenant shall continue in
possession, as aforesaid.
 Landlord and Tenant'. [Ch~ 27. 'No. 16. 951 ~

25. Where any distress shall be, made .for ,any kind, 6f Distresses <,

rent justly due, and any i~Tegularity .or u?l~wful act. sh~!l ~o:I~:~l~ot.
be afterwards done by the party' dlstralnlng, or by" hIS etc., for any
agent, the distress itself shall.not. be therefore' deemed to ~~~l~ity
be unlawful nor the party makIng It 'be deemed a trespasser execution .
ab initio; but the party aggrieved by such unla-wfuI act of them. '. '.
or irregularity shall or may rec9verfUll satisfaction for the
special damage he shall have sustained tJierebYr and. no
more,.in an action of trespass, or on the case, afthe election
of the plaintiff: Provided. that where, the' .' pla~ntiff ' shall
recover in such action he 'shall be paid)lis full 'Costs 'of siiit~
and have all the, like remedies, for the same as in. other"
cases- of costs.

26. On ~omplaint ~~de to' any 'Magistrate byany'person Summary

yvho shall, within the district assigned to....stith Magistrate" trial off
have occupied any house or lodging by the wee,k~' or month, ~~;:e~sive
or whereof the rent does not exceed the rate of Siventy- distress;
.
i~:Q~: ~ dO.Hars by the year, t~at' his goods· have- been taken' [3 '7 l C; ro'
~~" ~ from h1m by an unlawful dlstress,or that the landlord, or '
'~/lLd his broker or agent has been guilty of any irregularity or
J '
~v,·.eu--trJ exce~s in respect of suc~ distress, it shall.be lawfl1:1 for such
l'vfagIstrate to sUilll'!l0n the party complaIned agaInst;, and
if upon the hearing' of the matter it, shall' appear' to ~he
Magistrate that such distre~s was improperly J:taken or'
unfairly disposed of) or th9.t the' charges made by!.Jhe party
having distrained. or having atte;rnpted to distrain are,
·contrary to 'law, ,or that the proceeds of the sale' of such
distress have not been duly accounted for to the owne'r
,thereof, it ,shall be lawful for the Magistrate to order the
distress so taken, if not sold, to' be tetumed to the t~nant, '
on payment of the rent which shall appear"to b~ due'; at "/1
such time as'the Magistrate shall ~ppoint, or~ if the distress .i
shall have been sold, ~hen, to order payment' to"the said
tenant. of the, value thereof, ,deducting thereout the rerit.~. .__. __ ~_,,_.
which shall so appear to be due" such value to 1?e dYtft~,Ot}:;1~__ ~,--",
by the Magistrate; and such landlord or party c6mplaIne~ , ,
against ,. in default of compliance, with ap.y such" o~der:,-:, .
,shall forfeit and pay on the order of the ~agistrate to the,
party' aggrieved th~ value' of such ,distress, "no}" being. grea~er
than s~/d~llars, such value to be,('deternllned,.by,
the MagIstrate." ',_ ' . - " ,/.,' ,'. " , ' , '
952 ,Ch.27. No . 16.J Landlord and Tenant.

Lodger, if ' 27. If any, -superior landlord shall levy, or'-authorise to

distress
levied, to
-be levied, a distress on 'any furniture.' goods,- o:r:- chattels of
make any lodger for arrears of rent due to such 'superior landlord _
declaration . by his immediate tenant. such lodger may serve such
that imme- '
diate tenant superior landlord, or the bailiff or other person employed
~:~:e~tY'in by him to levy such distress, with a declaration in writing
goods dis- m~de ,by such lodger, setting _forth that such immediate
trained. 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
c;hattels 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 afore-
said, the rent, if a,ny" so du~ as last aforesaid, or so much
thereof as shall be sufficient to discharge the claim of such
superior landlo'td. And to such declaration shall be
annexed a Gorrect 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 iIi any material particular, he shall
be guilty of a .misdemeanor and liable, on indict~ent, to
imprisonment for twb years.

Penalty on 28. If any superior· landlord, or any bailiff or other

superior person employed by him, shall, after being served with the
landlord
disregarding beforementioned declaration and inventory, and after the
lodger's lodger shall have paid 'or tendered to such superior landlord;
declaration.
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 di,stress 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 Jv.Iagistrate for an order for
the restoration to him of such goods; and such Magistrate
shall enquire .into the truth of such declaratio;n and
ipventory, and shall make such order for the recovery of
the goods or Qtherwise as. to him may se.em just, and the-
superior landlord shan also be, liable to an action at law at
the suit 9f the lodger, in which action the truth of the
... ·declaration and'inventory may likemse be ,enquired into.
 Landlord and Tenant. [Ch.27. No. 1.6~· 953

29.'Any· payment made by' any lodger pursuant to Payments

. 27 shall be deemed a valid paymen t on account 0 f
sectIon by lodger to
superior
.anyrerit due from him to his ~mmediate landlord. landlord.

30. The form and manner of procedure given by, the Procedure.
Summary Courts Ordinanc~ shall apply to proceedinffs
'before a Magistrate under' sections 26 and 28 of thIS
'Ordinance, and all orders by a Magistrate under the
said sections may be enforced, and -aU penalties made·
recoverable before such Magistrate under the said sections
may be recovered, In the manner prescribed by the said'
'Ordinance. .

31. No tenant or lessee shall recover in any action for Tende! of

any such unlawf~l act or irregularity as aforesaid, if tender amends:
·of amends shall have been made by the patty distraining
Dr his agent before such action brought.

32. In all actions against any person entitled to any Defendant, ,

.:
Ten t or serVIce 0
f any k'Ind > or h"IS ag'Vn
A or
t 'receIver,
.~ .
or may recover
double costs.
,bther person or persons, relating to any entry by virtue of
this Ordinance, or otherwise, upon the premises chargeable
with such rent or service, or to any distress or seizure, sale
<or disposal of any goods or chattels thereupon, in case the
plaintiff shall have' judgment against hirD, the defendant
shall recover double costs of suit.

33. No person making, or employed in .any manner co.sts an? ·

_ W h a t soever . lng, any· d"ISt ress f
" In rna.k' t·
or ren ,or d'
olng any charges III
connection
act whatsoever in the course of such distress, or for car:rying with distress.
the sam~ into effect, shall 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 \vhatsoever, any other or more costs and
<:harges for and in respect, of such distress, or any other
matter ·or thing done there~n, than such as are fixed and
se~ fo:~th in the Schedule hereto and appropriated to each Schedule_
act which shall have been done in the course of such
distress; arid no person shall, make ?-ny charge Jor any
act, matter} or thing :t;nentioned in the said Schedule, unless
such act shall have been really. dOne. .

,/"" .
 954 Ch.27. No. 16.]' Landlord and ·Tenant.

Retaining 34. If any person shall in any manner . levy, take, or

( :-~~? ;~~~ receive from any person, or retain or take from the produce
and charges. of any goods sold for the payment of rent, any other or
greater costs and charges than are mentioned in the said.
Schedule, or make any charge for any act, matter, or thing'
mentioned in the said Schedule, and not really done, it
shall be lawful for tl1e party aggrieved. by such practices.
to apply to the Magistrate of the district where sp.ch distress.
shall1!ave been made, or in any manner proceeded in, for'
Magistr~te the redress of the grievance so occasioned; . and if it shall
~:lI:~~~dge appear to such Magistrate that the person complained of
amount o~ shall have levied, taken, received, or had other and greater
~~~~~llY, ,costs and charges than are mentioned or fixed in the
taken to be aforesaid Schedule, or made any charge for any matter or
~~!fs~ith ".' thing Inentioned in the said Schedule, such act, matter,
or thing not having been really done, such Magistrate shall
order and adjudge ,treble the amount of the moneys so
urtlawfully-iaken to be paid by the person so :having acted.
to the party wno shall thus have preferred his complaint
.. ' No juc:.gm~nt thereof together with full costs: Provided that nothing
~:~~;d .. herein contained shall empower such Magistrate to make.
unless he any order or judgment against the landlord for whose:'
personally
levies. b ene. fit any suc
. h d'Istress sh a11 h ave. b een.mad e, un1ess sueh....
landlord shall have, personally levied such distress.

Broker to 35. Every broker, agent, or other person vvho shall make
. give copy of
charges to and levy any distress shall give a copy of his charges, and
person of all the costs and charges of any distress> signed by him,.
distrained.
to the person or persons on whose goods and chattels any'
distress shall be levied, and in default of doing so shall be:
liable, on summary conviction, to a fine of twenty-four
dollars.

ExeniI?tions 36. (l) The follovving goods and chattels shalLbe exempt..
from distress for rent; namely, the wearing apparel and
from dIstress.
bedding of the tenant or his family, and the tools and
implements of. his trade to the value of tvventy-four dollars.
Unlawful. (2) A court of summary jurisdiction, on complaint
distress. that goods or chattels. exempt under this section from
. distress for· rent, .have been taken under such distress,
may by' summary' order, direct th~t the goods and c?attels: ,
 Landlord and Tenant. [Ch.27. No. 16. 955

so taken, if not sold, be restored; or if they have been

sold, that such sum as the court may determine to be the
value thereof shall be paid to the complainant by the
person who levied the distress or directed it to be levied .

. 37. (1) No person shall act as a bailiff to levy any Bail!ffs t-&9e:
distress for rent unless he shall be authorised to act as a ~eFtIfied. .
bailiff by a certificate in' writing under the hand of a
Magistrate and such certificate may be general, or apply
to a particular distress or distresses, and may be, granted
in such manner as may be prescribed.
. (2) Any such certificate may be cancelled or declared
void by a Magistrate, -subject to the approval of a Judge of.'
the Supreme Court; and such cancellation or declaration
shall not ,be deen1.ed to exempt such bailiff from any other
penalty or proceeding·to which he may be liable.
, '(3) If any person not holding a certificate under this
section shall levy a distress contrary to the provisions of
this Ordinance, the person so levying, and any person who
has authorised him so to levy, shall be deemed to have
committed a trespass) and shall, in additioD, be liable, on
summary conviction, to a fine of forty-eight dollars.

38. The Chief Justice, with the concurrence of a Puisne Rules ..

Judge, may make rules-
(a) for regulating the security to be required fron1
bailiffs;
(b) for fixing the duration of certificate$ and regu-
lating the fees payable on the issue thereof; and
(c) for carrying into effect· the objects of this
Ordinance.
All such rules shall be published in the Royal Gazette .

[SCHEDULE.
956' Ch.27. No._ 16.J Landlord and Tena1J;t.

{Section 33.) , SCHEDULE. .

Where sum due

does not Where sum due
exceed $96. exceeds $96.
$ $
Oid,48-1946. Levying distress 1.20 " 2.40
" 16-;-1949. M?Jl in possession, per day... 1.25 '1.25
'Appraisement-For each $4.~0 of the value
_of the goods .12 .12
All" advertisements-such sum- as the Magis-
trate of the district where the' distress
shall have been made may consider to
have been reasonablv incurred for ex-
penses of advertisem~nt of sale.,
Catalogues,;"' sale and commission 9J1d de-
livery' of goods; 5- per centum on the
gross sum, realised by the sale.