Outline of the Law of Landlord And Tenant Electronic Resource Six Lectures D
Outline of the Law of Landlord And Tenant Electronic Resource Six Lectures D
Edgar Fo
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The first is by an action for damages. I ought to mention that a distress is altogether illegal if there is no right to distrain at all, or if a wrongful act has been committed at some stage of the levy not later than the seizure ; whilst if the act complained of has been committed during the pro- ceedings between seizure and sale, or during the sale, it is termed irregular. But whether a distress be illegal or irregular, or whether it be only complained of as excessive that is to say, where mo...re goods are seized than are necessary, the damages recoverable in the action (speaking quite generally) are the value of the goods if a sale has taken place, but, if not, only the actual loss sustained, which is often nothing more than nominal. In the particular case, however, where a distress has been levied when no rent is due to the distrainor at all, the owner of the goods which have been taken may, under the Act of 1689, sue for double their value. The second kind of remedy available for the wrong- ful acts of a distrainor is by application to a Court of summary jurisdiction.
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