fully distrained, or may declare the price agreed to be paid in the case where the price of the feeding is required to be ascertained, or may make any other order which justice requires: any such dispute as mentioned in this section shall be deemed to be a matter in which a court of summary jurisdiction has authority by law to make an order on complaint in pursuance of the Summary Jurisdiction Acts; but any person aggrieved by any decision of such court of summary jurisdiction under this section may, on giving such security to the other party as the court may think just, appeal to a court of general or quarter sessions. Proceedings for settlement of a dispute if taken in a county court are by action commenced by plaint and summons under County Courts Act, 1888, s. 73. Particulars of demand, which concisely state the nature of the dispute and the relief claimed, must be filed. County Court Rules, Order XL., r. 8, as to which see infra, p. 102. An appeal lies to the Divisional Court from the decision of the county court judge in respect of a dispute determined by him under this section, under the general powers of appeal contained in s. 120 of the County Courts Act, 1888 (Hanmer v. King (1887), 57 L. T. 367; Neptune S. N. Co. v. Sclater, [1895] P. 40, 45). See also R. S. C., Order LIX., rr. 10, 18. The Summary Jurisdiction Acts are Jervis's Act (11 & 12 Vict. c. 43), the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and the Summary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43). 47. Set-off of compensation against rent.] Where the compensation due under this Act, or under any custom or contract, to a tenant has been ascertained before the landlord distrains for rent due, the amount of such compensation may be set off against the rent due, and the landlord shall not be entitled to distrain for more than the balance. Effect on right of distress.-It is assumed that, when once an award has been made under a contract or custom, as long as that award is in force, only the balance of rent will be distrainable; if the tenancy has terminated the landlord may lose his right of distress, as the question may not be decided within the time he could distrain. In awards under the Act the difficulty will not be so great, as the rent may be deducted from the compensation, and if it exceeds the compensation the landlord will be able to enforce the award under s. 24, supra, p. 23. 48. Exclusion of certiorari.] An order of the county court or of a court of summary jurisdiction under this Act shall not be quashed for want of form, or be removed by certiorari or otherwise into any superior court. 49. Limitation of costs in case of distress.] No person whatsoever making any distress for rent on a holding to which this Act applies when the sum demanded and due shall exceed the sum of twenty pounds for or in respect of such rent shall be entitled to 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 Second Schedule hereto. This section was repealed by the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21), s. 9. Fee, charges and expenses incidental to distress.-Under s. 8 of the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21), the Lord Chancellor is authorised to make, alter, and revoke rules for regulating the fees, charges, and expenses in and incidental to distresses. The rules now extant are as follows: "No person shall be entitled to any fees, charges, or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those specified in, and authorised by," the table to the Distress for Rent Rules. Where the rent due exceeds £20 the fees, charges, and expenses specified in Scale I. shall be allowed, and where the rent due does not exceed £20, the fees, charges, and expenses specified in Scale II. shall be allowed. In case of any difference as to fees, charges, and expenses between the parties, or any of them, the fees, charges, and expenses shall be taxed by the registrar of the district in which the distress is levied. The registrar may make such order as he thinks fit as to the cost of such taxation. A copy of the table of fees, charges, and expenses authorised by the Rules shall be posted up by the registrar in a conspicuous place in his office, and every bailiff levying a distress shall, on the request of the tenant, produce to him his certificate and a copy of the table (Distress for Rent Rules, 1888, rr. 15—18). 50. Repeal of 2 W. & M. c. 5, s. 1, as to appraisement and sale at public auction.] So much of an Act passed in the second year of the reign of their Majesties King William the Third and Mary, chapter five, as requires appraisement before sale of goods distrained is hereby repealed as respects any holding to which this Act applies, and the landlord or other person levying a distress on such holding may sell the goods and chattels distrained without causing them to be previously appraised; and for the purposes of sale the goods and chattels distrained shall, at the request in writing of the tenant or owner of such goods and chattels, be removed to a public auction room or to some other fit and proper place specified in such request, and be there sold. The costs and expenses attending any such removal, and any damage to the goods and chattels arising therefrom, shall be borne and paid by the party requesting the removal. This section was repealed by the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21, s. 9), but substantially re-enacted by s. 5 of the same Act, which is as follows: "So much of an Act passed in the second year of the reign of their Majesties King William the Third and Mary, chapter five, as requires appraisement before sale of goods distrained is hereby repealed, except in cases where the tenant or owner of the goods and chattels by writing requires such appraisement to be made, and the landlord or other person levying a distress may, except as aforesaid, sell the goods and chattels distrained without causing them to be previously appraised; and for the purposes of sale the goods and chattels distrained shall, at the request in writing of the tenant or owner of such goods and chattels, be removed to a public auction room or to some other fit and proper place specified in such request, and be there sold. The costs and expenses of appraisement when required by the tenant or owner shall be borne and paid by him; and the costs and expenses attending any such removal, and any damage to the goods and chattels arising therefrom, shall be borne and paid by the person requesting the removal." Effect of section.-Except where the tenant or owner of the goods distrained requires in writing an appraisement of them at his cost, a sale thereof without appraisement is legal. The tenant or owner may in writing request the removal, at his cost, of the goods distrained to a fit and proper place specified by him in his request for the purposes of sale, and the removal is compulsory if the request be made, the person requesting the removal of such goods being liable for any damage resulting therefrom. Requisition for appraisement.-Form 16, post, Chap. IV. 51. Extension of time to replevy at request of tenant.] The period of five days provided in the said Act of William and Mary, chapter five, within which the tenant or owner of goods and chattels distrained may replevy the same shall, in the case of any distress on a holding to which this Act applies, be extended to a period of not more than fifteen days, if the tenant or such owner make a request in writing in that behalf to the landlord or other person levying the distress, and also give security for any additional costs that may be occasioned by such extension of time. Provided that the landlord or person levying the distress may, at the written request or with the written consent of the tenant, or such owner as aforesaid, sell the goods and chattels distrained or part of them at any time before the expiration of such extended period as aforesaid. This section was repealed by the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21, s. 9), but re-enacted by s. 6 of the same Act, which is as follows: "The period of five days provided in the said Act of William and Mary, chapter five, within which the tenant or owner of goods and chattels distrained may replevy the same, shall be extended to a period of not more than fifteen days if the tenant or such owner make a request in writing in that behalf to the landlord or other person levying the distress, and also give security for any additional cost that may be occasioned by such extension of time: Provided that the landlord or person levying the distress may, at the written request, or with the written consent, of the tenant or such owner as aforesaid, sell the goods and chattels distrained, or part of them, at any time before the expiration of such extended period as aforesaid." Time for replevy.-A request in writing for an extension of time and the giving of security for additional costs of retention are conditions precedent to the right of extension of time for replevy. Sale of goods.-The sale may take place at the expiration of five days after seizure in the absence of request for extension and security, and within the period of extension in the event of the tenant or owner requesting or consenting in writing to such earlier sale. Request for extension of time.-Form 18, post, Chap. IV. Request for sale.-Form 19, post, Chap. IV. Consent to sale.-Form 20, post, Chap. IV. 52. Bailiffs to be appointed by county court judges.] From and after the commencement of this Act no person shall act as a bailiff to levy any distress on any holding to which this Act applies unless he shall be authorised to act as a bailiff by a certificate in writing under the hand of the judge of a county court; and every county court judge shall, on or before the thirty-first day of December one thousand eight hundred and eighty-three, and afterwards from time to time as occasion shall require, appoint a competent number of fit and proper persons to act as such bailiffs as aforesaid. If any person so appointed shall be proved to the satisfaction of the said judge to have been guilty of any extortion or other misconduct in the execution of his duty as a bailiff, he shall be liable to have his appointment summarily cancelled by the said judge. This section was repealed by the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21, s. 9), but substantially re-enacted by s. 7 of the same Act which is as follows: "From and after the commencement of this Act no person shall act as a bailiff to levy any distress for rent unless he shall be authorised to act as a bailiff by a certificate in writing under the hand of a county court judge; and such certificate may be general or apply to a particular distress or distresses, and may be granted at any time after the passing of this Act in such manner as may be prescribed by rules under this Act. Nothing in this section shall be deemed to exempt such bailiff from any other penalty or proceeding to which he may be liable in respect of such extortion or misconduct. 66 A county court registrar may exercise the power of granting certificates hereby conferred upon a county court judge in cases in which he may be authorised to do so by rules made under this Act. "If any person not holding a certificate under this section shall levy a distress contrary to the provisions of this Act, the person so levying, and any person who has authorised him so to levy, shall be deemed to have committed a trespass." Certificates granted may be either general or special.—A special certificate shall specify the particular distress or distresses to which it applies (Distress for Rent Rules, 1888, r. 2). A general certificate shall authorise the bailiff named in it to levy at any place in England or Wales (Distress for Rent Rules, 1888, r. 4). It is presumed that it should be granted by the judge of the court in the district of which the applicant resides or carries on business (Distress for Rent Rules, 1895, r. 1), but it was held prior to these rules that any county court judge could authorise a person to act as bailiff (Re Sanders (1885), 54 L. J. Q. B. 331). Who may be bailiff.-Any person (not being an officer of a county court) holding a certificate under the Agricultural Holdings Act, 1883, shall on application be entitled to obtain, without fee, a general certificate (Distress for Rent Rules, 1888, r. 5). No certificate shall be granted to any officer of a county court (Distress for Rent Rules, 1888, r. 6). The foregoing rules do not apply to an officer of the county courts appointed before December, 1888. |