RENT DISTRESS

Hokitika Guardian, 29 July 1932, Page 5

RENT DISTRESS

.. VALUE OF FURNITURE. V LANDLORD TO G&T 'DOUBLE. • /Per Press Association— Copyrights) WELLINGTON, July 28. * On a claim based on the provisions of the Distress for Rent Act,, of 1737, passed in the reign of George the Second under a section described By Mr McNeil, S.M., as “a relic of the pa v t,” , James Dean Davidson, a landlord, succeeded at the Magistrate’s Court -in tablishing his right to obtain from , .a tenant, W. A. Hamilton, double the value of his furniture, owing to the fact that Hamilton was held to have » removed it from Davidson’s hou~e. when he knew that Davidson intended to seize it by way of distress for arrears, of rent.

Mr McNeil, who heard the case, also held that, in addition to the sum of £lB5, -which was David'on’s estimate of the double value of the furniture, Hamilton was apparently liabl 6 for arrears of rent amounting to £62. Although Mr McNeil held that the. plaintiff, Davidson, must succeed in his action, he reserved the matter of fixing the amount actually to be paid by the defendant, Hamilton, until the position had Been discussed by the solicitors for both sides, and the defendant had had kn opportunity of giving his estimate of the value of the furniture. Mr. McNeil said he would like to. hear argument as to whether, or not, both the rent and double value could, under the circumstances, be claimed. .