Recovery of Rent (CAP. 371 1

CHAPTER 371

THE RECOVERY OF RENT ACT

Arrangement of Sections
Section

1. Short title.
2. Sale of distress.
3. Time to replevy may be extended.
4. Distress to be levied by certified bailiffs.
5. Power to seize goods fraudulently received.
6. Persons fraudulently removing or concealing goods or

assisting therein to pay double value.
7. Summary remedy before Magistrate where value of

goods carried away or concealed does not exceed
$25.00.

8. Power to break open house or place in which goods
removed are locked UD.

9. Distress may be impounded upon premises.
10. Animals impounded to be fed by person impounding

them.
11. If animals not fed, third person may feed it and recover

cost from owner.
12. Recovery of expenses of feeding animal impounded.
13. Distress for rent after determination of lease.
14. Executor of lessor may distrain.
15. Protection of lodgers from distress by lodger making a

declaration of his goods.
16. Remedy for distress on lodger's goods after declaration.
17. Payment of rent to landlord by lodger.
18. Landlord may distrain from time to time where no

sufficient distress.
19. Protection of landlord from executions.
20. Damages for pound breach.
2 1. Damages for fraudulent distress.
22. Special damage only may be recovered for irregularity

in making distress.

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C A P . 371) Recovery of Rent

23. Growing crops may be distrained.
24. Rules.

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Recovery of Rent (CAP. 371 3

RECOVERY OF RENT

(3rd March, 1890.)

1. This Act may be cited as the Recovery of Rent Act. Short title.

2. (1) Where any goods or chattels shall be distrained Sale of distress.
for any rent reserved and due upon any demise, lease or
contract whatsoever, and the tenant or owner of the goods
so distrained shall not within five days next after such distress
taken, and notice thereof, with the cause of such taking, left
at the chief dwelling house or other most notorious place
of the premises charged with the rent distrained for, replevy
the same with sufficient security to be given to the prescribed
official according to law, then and in such case after such
distress and notice as aforesaid and expiration of the said
five days, the person distraining shall and may with the
prescribed official or a member of the police force (who ,are
hereby required to be aiding and assisting therein) lawfully
sell the goods and chattels, so distrained, for the best price
that can be gotten for the same, towards satisfaction of the
rent for which the said goods and chattels shall be distrained
and of the charges of such distress and sale, leaving the
overplus (if any) in the hands of the said prescribed official
or member of the police force for the owner's uses:

Provided that where the tenant or owner of the goods
and chattels by writing requires an appraisement to be made,
the person distraining and the prescribed official or member
of the police force where the distress is taken shall cause the
goods and chattels so distrained to be appraised, in the
prescribed manner, before the sale of such goods, and for
the purpose of sale the goods and chattels shall at the request
in writing of the tenant or owner of such goods and chattels
be removed to a public auction room or some other fit and
proper place specified in such request and be there sold.

(2) 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

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4 C A P . 371) Recovery of Rent

therefrom shall be borne and paid by the person requesting
the removal.

Time to replevy 3. The period of five days provided in the last
may be extended. pkceding section within which the tenant or owner of goods

distrained may replevy the same shall be extended to a period
of not more than fifteen days if the tenant or owner make
a request in writing in that behalf to the landlord or other
person levying the distress, and also give security for any
additional costs that may be occasioned for such extension
of time:

Provided that the landlord or person levying the distress
may at the written request or with the written consent of
the tenant or such owner as aforesaid sell the goods and
chattels distrained or part of them at any time before the
expiration of such extended time as aforesaid.

Distress to be
levied by

4. (1) From and after the commencement of this Act
certified bailiffs. no person shall act as bailiff to levy any distress for rent unless

he shall be authorized to act as a bailiff by a certificate in
writing under the hand of the Registrar of the High Court,
and such certificate may be general or apply to a particular
distress or distresses and may be granted at any time after
the passing of this Act in such manner as may be prescribed.

(2) If any person holding a certificate shall be proved
to the satisfaction of the Registrar of the High Court'to have
been guilty of an extortion or other misconduct in the
execution of his duty as a bailiff he shall be liable to have
his certificate summarily cancelled by such Registrar.

(3) Nothing in this section shall be deemed to exempt
such bailiff from any other penalty or proceeding to which
he may be liable in respect of such extortion or misconduct.

(4) If any person not holding a certificate under this
section shall levy a distress contrary to the provisions of this
Act the person so levying and any person who has authorized
him so to levy shall be deemed to have committed a trespass.

Power to seize 5 . In case any lessee for life or lives, term of years,
goods
fraudulently at will or otherwise of any messuages, lands or tenements
received. on the demise whereof any rents are or shall be reserved

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Recovery of Rent (CAP. 371 5

or made payable, shall after the publication of this Act,
fraudulently or clandestinely convey or carry off from such
demised premises his goods or chattels with intent to prevent
the landlord or lessor from distraining the same for arrears
of rent so reserved as aforesaid, it shall and may be lawful
to and for such landlord or lessor or any person or persons
by him for that purpose lawfully empowered, within the space
of thirty days next ensuing the carrying off or conveying
away such goods and chattels as aforesaid, to take and seize
such goods and chattels wheresoever the same shall be found
as a distress for such arrears of such rent and the same to
sell or otherwise dispose of, in such manner as if the goods
and chattels had actually been distrained by such lessor or
landlord in and upon such demised premises, for such arrears
of rent, any law custom or usage to the contrary in anywise
notwithstanding:

Provided that nothing in this Act shall extend or be con-
strued to extend the powers of such lessor or landlord to take
or seize any goods or chattels as a distress for arrears of rent
which shall be sold b o d fide and for a valuable consideration
before such seizure made, anything herein contained to the
contrary notwithstanding.

6. If any tenant or lessee shall fraudulently remove p * t l y
and convey away his or her goods or chattels, as in the last remov;,g or
preceding section mentioned, or if any person or persons concealing goods

or assisting
shall wilfully and knowingly aid or assist any such tenant ,herein to pay
or lessee so to do, such tenant or lessee or person or per- double value.
sons, shall pay to the landlord or lessor from whose estate
such goods and chattels were fraudulently carried off as
aforesaid, double the value of the goods by him carried off
or concealed as aforesaid, to be recovered by action.

7. Where the goods or chattels so fraudulently car- Summary remedy
before Magistrate

ried off or concealed shall not exceed the value of twenty- ,he, ,due of
five dollars, it shall and may be lawful for the landlord, from goods carried

away or
whose estate such goods or chattels were removed, or his concealed does
bailiff, servant or agent to exhibit a complaint in writing not exceed

$25.00.
against such offender or offenders before the Magistrate for
the district in which is situated the place whence such goods
and chattels were removed or the place where the same are
found, who may determine in a summary way whether such
person or persons be guilty of the offence with which he or

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6 CAP. 371) Recovery of R e n t

they is or are charged, and upon full proof of the offence,
the said Magistrate shall and may adjudge the offender or
offenders to pay double the value of the said goods and chat-
tels ? such landlord or his bailiff, servant or agent at such
time as such Magistrate shall appoint. And in case the
offender or offenders, having notice of such order, shall refuse
or neglect so to do, shall by warrant levy the same by distress
and sale of the goods and chattels of the offender or offenders,
and for want of such distress may commit the offender or
offenders to be kept to hard labour for the space of three
months in the common gaol unless the money so ordered
to be paid as aforesaid shall be sooner satisfied:

Provided that it shall be lawful for any person who thinks
himself aggrieved by such order by the said Magistrate to
appeal under the law for the time in force regulating appeals
from Magistrates' decisions.

Power to break
open house or

8. Where any goods or chattels fraudulently or
place in which clandestinely conveyed or carried away by any tenant or lessee
goods removed or other persons aiding or assisting therein shall be placed
are locked up.

or kept in any house or place locked up, fastened or other-
wise secured so as to Drevent such goods or chattels from "
being taken and seized as a distress for arrears of rent, the
landlord or lessor or any person empowered by him to take
or seize as a distress for rent such goods and chattels (first "
calling to his assistance the prescribed official or some member
of the police force having jurisdiction in the place where the
same shall be sus~ected to be concealed. who are herebv
required to aid and assist therein, and in case of a dwelling
house, oath being first made before some Magistrate of a
reasonable ground to suspect that such goods and chattels
are therein), in the daytime, may break and open and enter
into such house or place and take and seize such goods and
chattels for the said arrears of rent.

Distress may be
impounded upon

9. Any person or persons lawfully taking any distress
premises. for any kind of rent may impound or otherwise secure the

distress so made, of what nature or kind soever it may be,
in such place or on such part of the premises chargeable with
the rent as shall be most fit and convenient for the impoun-
ding and securing such distress, and may appraise, sell and
dispose of the same upon the premises in like manner and
under the like directions and restraints to all intents and

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Recovery of Rent (CAP. 371 7

purposes as any person taking a distress for rent may do
off the premises; and any person or persons whatsoever may
come and go to and from such place or part of the said
premises, where any distress for rent shall be secured and
impounded as aforesaid, in order to view, appraise and buy
and also in order to carry off or remove the same on ac-
count of the purchaser thereof. And if any pound-breach
or rescue shall be made of any goods or chattels or stock
distrained for rent and impounded or otherwise secured by
virtue of this section, the person or persons aggrieved thereby
shall have the same remedies given by section 20.

10. Every person who shall impound or confine or Animals
Impounded to be cause to be impounded or confined in any pound or recep- fed by

tacle of the like nature any animal, shall provide and supply impounding
during such confinement a sufficient quantity of fit and them'
wholesome food and water to such animal; and every such
person who shall refuse or neglect to provide and supply such
animal with such food and water as aforesaid, shall for every
such offence forfeit and pay a penalty of fifty dollars, to be
recovered by summary proceedings before a Magistrate.

11. In case any animal shall at any time be i:; ;ison
impounded or confined as aforesaid and shall continue con- feed it .,d
fined without sufficient food and water for more than twelve
successive hours, it shall and may be lawful to and for any
person, as often as shall be necessary, to enter into and upon
any pound or other receptacle of the like nature in which
any such animal shall be so confined, and to supply such
animal with Gt and sufficient food and water during so long
a time as such animal shall remain and continue confined
as aforesaid; without being liable to any action or any other
proceeding by any person for or by reason of such entry
for the purposes aforesaid. And the reasonable cost of such
food and water shall be paid by the owner of such animal,
before such animal is removed, to the person who shall supply
the same; and the said cost may be recovered by summary
proceedings before a Magistrate.

12. Every person who shall impound or confine any Recovery of
expenses of

animal and shall provide and supply such animal with food feeding animal
and water shall recover from the owner or owners of such
animal the value of the food and water so supplied, together
with the costs of providing the same, before a Magistrate

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8 CAP. 371) Recovery of Rent

Distress for rent
after
determination of
lease.

in a summary way. And every such person instead of pro-
ceeding for the recovery of the value and expense of pro-
viding such food and water may, after the expiration of seven
clear Pays from the date of impounding the same, sell any
such animal openly at any public market (after having given
three days public notice thereof) for the most money that
can_be got for the same and apply the proceeds in discharge
of the value of such food and water so supplied as aforesaid,
and the cost of supplying the same and the expense of and
attending such sale, tendering the surplus (if any) to the owner
of such animal. Where several animals are distrained for
rent, one of them may be sold for the expenses of all-and
this may be repeated toties quoties.

13. From and after the publication of this Act, it shall
be lawful for any person or persons having any rent in arrear
or due upon any lease for life or lives or for years or at will
ended or determined to distrain for such arrears after the
determination of such respective leases, in the same manner
as they might have done if such lease or leases had not been
ended or determined:

Provided that such distress be made within the space
of six calendar months after the determination of such lease
and during the continuance of such landlord's title or interest
and during the possession of the tenant from whom such
arrears became due.

Executor of
lessor may

14. It shall be lawful for the executors or
distrain. administrators of any lessor or landlord to distrain upon the

land demised for any term or at will for the arrears of rent
due to such lessor or landlord in his lifetime in like manner
as such lessor or landlord might have done in his lifetime.

Protection of
lodgers from

15. If any superior landlord shall levy or authorize
distress by lodeer to be levied a distress on any furniture, goods or chattels , ., . -
making a
declaration of his

of any lodger for arrears of rent due to such superior landlord
K O O ~ S . by his immediate tenant, such lodger may serve such superior

landlord or the mescribed official or other person employed
a ,

by him to levy such distress with a declaration in writing,
made by such lodger, setting forth that such immediate tenant
has no right to the property or beneficial interest in the fur-
niture, goods or chattels so distrained or threatened to be
distrained upon, and that such furniture, goods or chattels

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Recovey of Rent (CAP. 371 9

are the property or are in the lawful possession of such lodger,
and also setting forth whether any and what rent is due and
for what period from such lodger to his immediate landlord,
and such lodger may pay to the superior landlord, or to the
prescribed official or other person employed by him as
aforesaid, the rent if any so due as last aforesaid or so much
thereof as shall be sufficient to discharge the claim of such
superior landlord; and to such declaration shall be annexed
a correct inventory subscribed by the lodger of the furniture,
goods and chattels referred to in the declaration, and if any
lodger shall make or subscribe such declaration and inven-
tory, knowing the same or either of them to be untrue in
any material particular, he shall be guilty of a misdemeanour.

16. If any superior landlord or any prescribed official g~t 'Jz
or other person employed by him, after being served with lodger's goods
the before-mentioned declaration and inventory and after after
the lodger shall have paid or tendered to such landlord,
prescribed official or other person, the rent, if any, which
by the last preceding section such lodger is authorized to
pay, shall levy or proceed with a distress of the furniture,
goods or chattels of the lodger, such superior landlord,
prescribed official or other person shall be deemed guilty
of an illegal distress and the lodger may apply to the
Magistrate or the owner for the restoration to him of such
goods, and such Magistrate shall inquire into the truth of
such declaration and inventory, and shall make such order
for the recovery of the goods or otherwise as to him may
seem just, and the superior landlord shall also be liable to
an action at law at the suit of the lodger in which action
the truth of the declaration and inventory may likewise be
inquired into.

17. Any payment made by any lodger pursuant to &.r~d;:;frt
section 15 shall be deemed a valid payment on account of lodger.
any rent due from him to his immediate landlord.

18. In all cases where the value of the goods or chat- Landlord may
distrain from

tels distrained shall not be found to be the full value of the ,ime to ,;,,
arrears distrained for, the party to whom such arrears are where no

sufficient
due, his executors or administrators may from time to time distress.
distrain again for the residue of the said arrears:

LAWS OF ANTIGUA AND BARBUDA

Protection of
landlord from
executions.

Damages for
pound breach.

Damages for
fraudulent
distress.

CAP. 371) Recovery of Rent

Provided that no second distress shall be justified where
there was enough which might have been taken upon the
first distress.

.I

19. From and after the publication of this Act, no
goods or chattels whatsoever lying, being in or upon any
messuages, lands or tenements which are or shall be leased
for life or lives, term of years, at will or otherwise shall be
liable to be taken by virtue of any execution or any pretence
whatsoever, unless the person at whose suit execution is sued
out shall, before the removal of such goods from off the said
premises by virtue of such execution or extent, pay to the
landlord of the said premises or his bailiff all such sum or
sums of money as are or shall be due for rent of the said
premises at the time of taking such goods or chattels by vir-
tue of such execution:

Provided that such arrears of rent do not amount to
more than one year's rent, and in case the said arrears shall
exceed one year's rent then the said party at whose suit such
execution is sued out, paying the said landlord or his bailiff
one year's rent, may proceed to execute his judgment as
he might have done before the making of this Act and the
prescribed official is hereby empowered and required to levy
and pay to the plaintiff as well the moneys so paid for rent
as the execution money.

20. Upon any pound breach or rescue of goods or
chattels distrained for rent, the person or persons aggrieved
thereby shall for the wrong thereby sustained, recover his
and their treble damages and costs of action in an action
against the offender or offenders in any such rescue or pound
breach or any or either of them, orsagainst the owner of
the goods distrained in case the same shall be afterwards
found to have come to his use or possession.

21. In case where any distress and sale shall be made
by virtue or colour of this present Act for rent pretended
to be in arrear and due, where in truth no rent is in arrear
and due to the person or persons distraining or to him or
them in whose name or names or right such distress shall
be taken as aforesaid, then the owner of such goods and
chattels distrained and sold as aforesaid, his executors or
administrators, shall and may in an action to be brought

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Recovery of Rent (CAP. 371 1 1

against the person or persons so distraining or any or either
of them, his or their executors or administrators, recover
double the value of the goods and chattels so distrained and
sold together with full costs of suit.

22. Where any distress is made for any kind of rent f,p;a:;ge
justly due and any irregular or unlawful act is afterwards rec,,,,e~ for
done by the party distraining or his agent, the distress itself ~ ; ~ ~ ~ ; t ~ ~ s s .
shall not be therefore deemed unlawful nor the party a
trespasser ab initio, but the party aggrieved by such unlawful
act shall recover full satisfaction for the special damage
thereby sustained and no more, but the plaintiff shall not
recover in any such action if tender of amends has been made
by the party distraining or his agent before such action
brought.

23. After the passing of this Act it shall be lawful for 2;w:g .mpS
any lessor or landlord to take and seize as a distress for arrears distrained.
of rent all sorts of roots or other product whatsoever which
shall be growing on any parts of the estates so demised or
holden and the same to cut, gather, make, cure, carry and
lay up in the barns, or other proper places on the premises
so demised or holden, and in case there shall be no barn
or proper place on the premises so demised or holden, then
in any other proper place which such lessor or landlord shall
hire or othewise procure for that purpose (as near as may
be to the demised premises); and in convenient time to
appraise, sell or otherwise dispose of the same towards
satisfaction of the rent for which such distress shall have been
taken and of the charges of such distress, appraisement and
sale in the same manner as other goods and chattels may
be seized, distrained and disposed of, and the appraisement
thereof shall be taken when cut, gathered, cured and made
and not before:

Provided that nothing in this Act shall in any way affect
or prejudice any right, title or privilege given or acquired
to or by any person, company or corporation by, under,
or by virtue of the Title by Registration Act, or shall in any Cap. 429.
way affect the provisions of the said Act.

24. The Governor-General may make rules- Rules-
(a) for regulating the security (if any) to be required

from bailiffs;

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12 CAP. 371) Recovery of R e n t

( 6 ) for regulating the fees, charges and expenses
in and incidental to distresses; and

( c ) for carrying into effect the objects of this Act.