Law of Distress Amendment Act 1895

JurisdictionUK Non-devolved


Law of Distress Amendment Act, 1895

(58 & 59 Vict.) CHAPTER 24.

An Act to amend the Law of Distress Amendment Act, 1888.

[6th July 1895]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Power to cancel bailiffs' certificates.

1 Power to cancel bailiffs' certificates.

1. A certificate granted to a bailiff by the judge of a county court under the Law of Distress Amendment Act, 1888, may at any time be cancelled or declared void by a judge of that county court, and so much of section seven of that Act as refers to the cancellation of certificates is hereby repealed.

S-2 Penalty for acting without certificate.

2 Penalty for acting without certificate.

2. If any person not holding a certificate for the time being in force under the Law of Distress Amendment Act, 1888, levies a distress contrary to the provisions of that Act, he shall without prejudice to any civil liability be liable on summary conviction to a fine not exceeding ten pounds.

S-3 Duration of certificates.

3 Duration of certificates.

3. The power to make rules under the Law of Distress Amendment Act, 1888, shall extend to making provision for fixing the duration of certificates granted, or to be hereafter granted, to bailiffs.

S-4 Unlawful distress.

4 Unlawful distress.

4. A court of summary jurisdiction, on complaint that goods or chattels exempt under section four of the Law of Distress distress Amendment Act, 1888, from distress for rent, have been taken under such distress, may, by summary order, direct that the goods and chattels 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.

S-5 Evidence by accused.

5 Evidence by accused.

5. In any proceeding against any person for an offence under this Act such person shall be competent, but not compellable, to give evidence, and the wife of such person may be required to attend to give evidence as...

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