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Distress (Costs) Act 1817

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This is the original version (as it was originally enacted).

IIParty aggrieved by any such Practice may apply to a Justice of the Peace.

And be it further enacted, That if any Person or Persons whatsoever shall in any Manner levy, take, or receive from any Person or Persons whatsoever or retain or take from the Produce of any Goods fold for the Payment of such Rent, any other or greater Cofts and Charges than are mentioned and set down in the said Schedule, or make any Charge whatsoever for any Act Matter, or filing mentioned in the said Schedule, and not really done, it shall be lawful for the Party of Parties aggrieved by such Practices to apply to any One Justice of the Peace for the County, City, Town, and acting for the Division where such Distress shall have been made, or in any Manner proceeded in, for the Redress of his, her, or their Grievance so occasioned ; whereupon such Justice shall summon the Person or Persons complained of to appear before him at a reasonable Time to be fixed in such Summons; and such Justice shall examine into the Matter of such Complaint by all legal Ways and Means, and also hear in like Manner the Defence of the Person or Persons complained of it and if it shall appear to such Justice that the Person or Persons complained of shall have levied, taken, received, or had other and greater Cofts and Charges than are mentioned or fixed in the Schedule hereunto annexed, or made any Charge for any Matter or Thing mentioned in the said Schedule, such Act, Matter, or Thing not having been really done, such Justice shall order and adjudge Treble the Amount of the Monies so unlawfully taken, to be paid by the Person or Persons so having acted to the Party or Parties who shall thus have preferred his, her, or their Complaint thereof, together with full Costs; and in case of Non-payment of any Monies or Cofts so ordered and adjudged to be paid, such Justice shall forthwith issue his Warrant to levy the same by Distress and Sale of the Goods and Chattels of the Party or Parties ordered to pay such Monies or Cofts, rendering the Overplus (if any) to the Owner or Owners, after the Payment of the Charges of such Distress and Sale ; and in case no sufficient Distress can be had, such Justice shall by Warrant under his Hand commit the Party or Parties to the Common Goal or Prison within the Limits of the Jurisdiction of such Justice, there to remain until such Order or Judgment be satisfied.

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