Law of Distress Amendment Act 1888
| Jurisdiction | UK Non-devolved |
| Citation | 1888 c. 21 |
| Year | 1888 |
Law of Distress Amendment Act, 1888.
(51 & 52 Vict.) CHAPTER 21.
An Act to amend the Law of Distress for Rent.
[7th August 1888]
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:
1 Short title.
1. This Act may be cited as theLaw of Distress Amendment Act, 1888.
2 Extent.
2. This Act shall not apply to Scotland or Ireland.
3 Commencement.
3. This Act, except as in this Act otherwise provided, shall come into operation from and immediately after the thirty-first day of October one thousand eight hundred and eighty-eight.
4 Certain goods exempted from distress as under 9 & 10 Vict. c. 95. s. 96.
4. From and after the passing of this Act the following goods and chattels shall be exempt from distress for rent; namely, any goods or chattels of the tenant or his family which would be protected from seizure in execution under section ninety-six of the County Courts Act, 1846, or any enactment amending or substituted for the same.
Provided that this enactment shall not extend to any case where the lease, term, or interest of the tenant has expired, and where possession of the premises in respect of which the rent is claimed has been demanded and where the distress is made not earlier than seven days after such demand.
5 Repeal of 2 W. & M. c. 5. s. 1. except where appraisement is required in writing.
5. 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King William the Third and Mary, chapter five, as requires appraisement before sale of goods distrained is hereby repealed, except in cases where the tenant or owner of the goods and chattels by writing requires such appraisement to be made, and the landlord or other person levying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.
6 Extension of time to replevy at request of tenant.
6. The period of five days provided in the said Act of William and...
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