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TABLE OF FEES UNDER "THE SHERIFFS' ACT, 1887."

BY

R. T. HUNTER,

Author of "The County Courts Act, 1888" "An Index to the County Court Rules,
1889"
"Costs in the County Court"; "Bankruptcy Chart," etc., etc.

TENTH EDITION.

LONDON:

WATERLOW AND SONS LIMITED, LONDON WALL.

1911.

WATERLOW AND SONS LIMITED,

PRINTERS,

DUNSTABLE AND LONDON.

PREFACE TO THE TENTH EDITION.

SINCE the issue of the Ninth Edition The Agricultural Holdings Act, 1883, and other Acts bearing thereon have been repealed and re-enacted into one Act, 8 Edw. VII. c. 28. The provisions relating to Distress for Rent, secs. 28 to 31, are practically the same as those in the 1883 Act.

The Law of Distress Amendment Act, 1908, 8 Edw. VII. c. 53, materially alters the law of distress, so far as it affects Lodgers, Under Tenants, and Strangers or third persons, called "any other person whatsoever not being a tenant," etc.

As to Lodgers the new Act is practically the same as the Act of 1871, and it is assumed the cases decided under the latter Act will apply to the provisions of the new Act.

Under tenants are for the first time placed in a position of privilege or protection from distraint, subject to certain conditions, and to the service on the

superior landlord, his bailiff or agent, of a Declaration of Ownership, etc., similar to that required of a lodger.

Provision is made for the payment of rent due from both lodgers and under tenants direct to the superior landlord, and an entirely new provision is introduced whereby, without distress, the rent due from both may, by notice from the superior landlord, be intercepted and made payable directly to him.

Attention must be drawn to sec. 5, by which the protection afforded to under tenants is excluded in cases where the under tenancy has been created in breach of any covenant or agreement in writing, etc.

Until the Act came into operation the goods of third persons, found on the premises when distress was made, were liable to distraint, except in certain cases to which exemption was extended. The new Act, however, extends exemption to the goods of "any person whatsoever not being a tenant," etc., subject to service of a Declaration of Ownership as in the case of a lodger or under tenant.

This makes a considerable law right of distress, and By sec. 4 (1), (2) certain

inroad into the common must materially affect it. goods are excluded from the operation of the Act, that is to say they are excluded from the privilege

of exemption, and amongst such are goods to which the doctrine of Reputed Ownership applies; this section will, there is little doubt, cause many questions to arise, and lead to litigation.

Power is given to a stipendiary magistrate or justices of the peace to decide questions arising under sec. 4 (2), and thus prompt decisions will be obtainable.

Penalties are provided against false declarations. Distraint for Poor Rates is separately and extensively treated.

The Author trusts the information afforded in this edition, considerably enlarged, may be of service to those using the book; and tenders his best thanks for the appreciative letters he so often receives. The opportunity has been taken of adding a large number of additional notes which it is hoped will be of

service.

R. T. H.

January, 1911.

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