Principles of the Common Law Intended for the Use of Students And the Professi
Principles of the Common Law Intended for the Use of Students And the Professi
John Indermaur
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A lodger's goods, being goods of a ^^^^'^"^"'i^'i. J stranger, were never liable to be taken in execution, distress, but in the case of distress they were formerly so liable ; and the exception in this latter case is contained in the Lodgers Goods Protection Act, 1871 (/). This statute Provisions of provides that on any distress by a superior landlord Goods Pro- upon a lodger's goods for rent due to the landlord from ^^^^^^^ ^'='' his immediate tenant, the lodger may serve the land- lord or his... bailiff with a declaration (?;i), to which must be annexed an inventory of the goods, that the imme- diate tenant has no property or beneficial interest in the goods, and that the same are the property of the lodger, and also setting forth whether any and what rent is due from the lodger to his immediate landlord. It also provides that the lodger may pay to the superior landlord, or his bailiff, the rent (if any) so due, or so much of it as may be sufficient to discharge the claim of such superior landlord ; and if the land- lord, or his bailiff or employee, proceeds with the distress after the lodger has complied with these pro- visions, he is to be guilty of an illegal distress, and can be sued at law for damages {n) ; and the lodger may apply to a justice of the peace for restoration of the goods.
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