The Short Title of this Act shall be “The Distress and Replevin Act 1868.”

No landlord or other person to whom any rent shall be due or to whom a power of distress shall be given by any deed or other instrument or shall be given by law shall seize and take any goods and chattels as a distress for arrears of rent unless such distress be made by such landlord or person or by the agent or bailiff of such landlord or person duly authorized by a warrant of distress in the form or to the effect set forth in the first Schedule of this Act signed by such landlord or person or by his attorney or agent thereunto by him duly authorized.

In case such landlord or person giving such warrant of distress shall be unable to write his name his signature by mark thereunto shall be attested by a Justice of the Peace or by an attorney of the Supreme Court.

In case such distress shall be made by an agent or bailiff such agent or bailiff shall at the time of making the distress deliver to the tenant in possession of the premises or to the owner of the goods and chattels distrained if at the premises or if absent to some person resident at or near to the premises for such tenant or owner a true copy of the warrant of distress hereinbefore mentioned and in case there shall be no person resident at or near to such premises to whom such copy can be delivered such agent or bailiff shall deliver the same to such tenant or owner if demanded at any time within thirty days next after such distress shall have been made.

Every landlord or other person making any distress shall forthwith make out and sign an inventory in the form or to the effect set forth in the second Schedule of this Act of the goods and chattels distrained and also a bill of the charges then claimed on account of such distress and such landlord or other person shall thereupon deliver such inventory and bill of charges in the like manner as is hereinbefore directed with regard to the warrant of distress.

No appraisement of any goods and chattels distrained shall be necessary to the validity of any distress or sale thereof and no charges except such as are set forth in the third Schedule of this Act shall be made or demanded or shall be payable in respect of any distress.

Every person distraining any goods and chattels may impound or otherwise secure the same upon the premises where the same are taken or may at any time within five days after the distress remove such goods and chattels to some one convenient place not more than three miles from the premises where they were taken and may there impound or otherwise secure the same.

In every case of such removal the person distraining shall within twenty-four hours after such removal give notice in writing to the tenant in possession or owner of such goods of the removal of the same and of the place to which such goods and chattels have been removed and such notice may either be given to such tenant or owner or if he be absent may be left with some person at the place from which such goods and chattels may have been removed.

When any action of replevin shall have been commenced in the Supreme Court it shall be lawful for the plaintiff therein to sue out of such Court a writ to be called a “writ of replevin” directed to the Sheriff of the sheriff’s district in which the goods and chattels shall be under distress requiring him to replevy the said goods and chattels and the said Court or any Judge thereof is hereby authorized to issue such writ which shall be in the form contained in the fourth Schedule to this Act and shall have the same effect as any process or proceedings for such purpose heretofore in use in the Supreme Court at Westminster in England and the said Sheriff upon security being given to him as hereinafter provided shall execute such writ and return the said writ with a correct and proper statement indorsed thereon of the manner in which the same shall have been executed or the cause why the same has not been executed to the said Court within a reasonable time next after such writ shall have been delivered to him.

All Sheriffs and other officers having authority to grant replevins may and shall in every replevin of a distress take in their own names respectively from the plaintiff and two responsible persons as sureties a bond in double the value of the goods distrained (such value to be ascertained by the oath of one or more credible witness or witnesses not interested in the goods or distress which oath the person granting such replevin is hereby authorized and required to administer) and conditioned for prosecuting the suit with effect and without delay and for paying such sum as the Court shall award and such Sheriff or other officer as aforesaid taking any such bond shall at the request and costs of the defendant assign such bond to the defendant by indorsing the same and attesting it under his hand and seal in the presence of two or more credible witnesses and if the bond so taken and assigned be forfeited the defendant may bring an action and recover thereupon in his own name and the Court where such action shall be brought may by a rule of the same Court give such relief to the parties upon such bond as may be agreeable to justice and reason and such rule shall have the nature and effect of a defeasance to such bond.

In all cases in which any distress shall be made at any place distant more than twenty miles from the office of the Sheriff of the sheriff’s district in which the same shall have been made any Justice of the Peace may grant replevin of the goods and chattels distrained in the same manner and subject to the same conditions as any Sheriff may grant the same and such Justice shall take in his own name from the person desiring to replevy and two responsible persons as sureties such a bond as a Sheriff is required to take and the Justice taking such bond may assign the same in the manner in which a Sheriff may assign a replevin bond and such bond may be sued on in like manner as a replevin bond taken by a Sheriff and no such Justice shall be liable in any action for taking insufficient security if he shall have acted bonâ fide and with reasonable care and caution.

Where any goods and chattels shall be distrained and the tenant in possession or owner of the goods shall not within five days next after the distress replevy the same according to law it shall be lawful for the person distraining after the expiration of the said five days to cause such goods and chattels to be sold and the sale of such goods and chattels shall be made by public auction either by a duly licensed auctioneer or by a bailiff of the Sheriff or of a District Court Resident Magistrate’s Court or Court of Petty Sessions.

The money to arise from such sale shall be applied in satisfaction of the charges of making the distress and sale and of the sum demanded and the overplus if any shall be forthwith paid to the said tenant or owner and the person causing such distress to be made shall deliver if demanded at any time within thirty days from the time of such sale a true account in writing of such sale and if any such person shall wilfully neglect or refuse so to do upon demand made within the period aforesaid he shall forfeit a sum not exceeding fifty pounds which may be sued for and recovered in the manner directed by the law now regulating or hereafter to regulate summary convictions.

At the time appointed for any such sale any person shall have full liberty of ingress egress and regress into and out of the premises where such goods and chattels are impounded or otherwise secured in order to view or buy and remove any part of such goods and chattels without being liable as a trespasser.

Where any distress shall be made for any rent or sum justly due and any irregularity or unlawful act shall be afterwards done by the person causing the distress to be made his agent or bailiff the distress shall not be deemed unlawful nor the distrainer a trespasser ab initio but the party grieved may recover satisfaction for the damage in a special action of trespass or on the case at the election of the plaintiff and if he recover he shall have full costs.

No tenant shall recover in any action for any such unlawful act or irregularity as aforesaid if tender of amends hath been made by the party distraining or by his agent before action brought.

In case any agent or bailiff shall distrain without having obtained any warrant as hereinbefore required or if he shall distrain and shall wilfully neglect or refuse to deliver a copy of such warrant or in case any person distraining his agent or bailiff shall wilfully neglect or refuse to make out sign and deliver such inventory of the goods and chattels distrained or such bill of charges claimed or to deliver the notices hereinbefore directed or if he shall retain take or receive any other or greater charge than such as are mentioned and allowed by the third Schedule of this Act then every such person so offending shall for every such offence forfeit and pay a sum not exceeding fifty pounds which may he sued for and recovered in the manner hereinbefore directed with respect to other penalties.

This Act shall not come into operation until the first day of December one thousand eight hundred and sixty-eight.