otection Act
1871, however, where a lodger's goods have been seized by the superior
landlord the lodger may serve him with a notice stating that the
intermediate landlord has no interest in the property seized, but that
it is the property or in the lawful possession of the lodger, and
setting forth the amount of the rent due by the lodger to his immediate
landlord. On payment or tender of such rent the landlord cannot proceed
with the distress against the goods in question. By the Law of Distress
Amendment Act 1908 this protection was extended to under tenants liable
to pay rent by equal quarterly instalments, as well as to any person
whatsoever who is not a tenant of the premises or any part thereof nor
has any beneficial interest therein. The act, however, excludes certain
goods, particularly goods belonging to the husband or wife of the tenant
whose rent is in arrear, goods comprised in any bill of sale, hire
purchase agreement or settlement made by the tenant, goods in the
possession or disposition of a tenant by the consent and permission of
the true owner under such circumstances as to make the tenant reputed
owner, goods of the partner of an immediate tenant, and goods (not being
goods of a lodger) upon premises where any trade or business is carried
on in which both the immediate tenant and the under tenant have an
interest. The act does not apply where an under tenancy has been created
in breach of a covenant or agreement between the landlord and his
immediate tenant. The Law of Distress Amendment Act 1888 also absolutely
exempted from distress the tools and implements of trade and wearing
apparel and bedding of a tenant and his family to the value of five
pounds, and the Law of Distress Amendment Act 1895 gave power to a court
of summary jurisdiction to direct that such goods, when distrained upon,
should be restored if not sold, or, if sold, to order their value to be
paid by the persons who levied the distress or directed it to be levied.
Originally the landlord could only seize things actually on the
premises, so that the remedy might be defeated by the things being taken
away. But by an act of 1710, and by the Distress for Rent Act 1737, he
may follow things fraudulently or clandestinely removed off the premises
within thirty days after their removal, unless they have been in the
meantime bona fide sold for a valuable consideration. The sixth
exception mentioned above was held to extend to sheaves of corn; b