The Agricultural Holdintjs (England) Act, 1883. 55 
or, in case of a hona fide payment in part, then to the full 
extent of the balance. It would seem that the landlord's right 
under § 45 might be defeated if the owner of the stock paid 
to the tenant in advance, in good faith, the whole sum agreed. 
In accordance with the recommendations of the Committee, 
§ 45 also exempts from distraint (a) agricultural or other 
machinery hired by a tenant under a bona fide agreement for its 
use in the conduct of his business : and (b) live stock of all 
kinds belonging to strangers, and on the tenant's premises for 
breeding purposes. 
Remedy for Wrongful Distress under the Act (§ 46). — As for 
recovery of compensation, so for the settlement of disputes as 
to distress, the object of the statute is to provide the simplest 
and cheapest process. It has been already stated that landlords 
seldom resort to distress ; but the new limitation as to time may 
make it necessary for them to do so more frequently. Disputes 
will therefore be more frequent concerning alleged wrongful 
levies; the ownership of stock, agisted or belonging to the 
tenant ; whether the price agreed to be paid for the grazing is 
" a fair price." These and other differences relating to distress 
may be tried and disposed of in the County Court, or before the 
magistrates in Petty Sessions, either of which tribunals may 
order the restoration of any live stock or things unlawfully 
distrained, or may decide as to the price of the grazing where 
this is to be ascertained, "or may make any other order which 
justice requires." Proceedings in either Court will no doubt 
be initiated upon summons taken out by the aggrieved person. 
An appeal will lie from any decision to a Court of Quarter 
Sessions. The appellant, however, must " give such security to 
the other party as the Court may think just," a necessary pro- 
vision, as otherwise a tenant might appeal for the mere purpose 
of delaying or escaping payment. In order to prevent any 
litigious person from swelling the costs of litigation, § 48 pro- 
hibits the removal of proceedings relating to distress from the 
County Court or Petty Sessions into the High Court of Justice. 
Set-off of Compensation against Rent (§ 47). — Another proper 
and beneficial change in the law in the tenant's interest is made 
by this section agreeably to the recommendation of the Com- 
mittee of 1882. " The law of distress," as they reported, " enables 
the landlord to distrain for the full amount of rent due, without 
allowing for any counter-claim which the tenant may have 
secured to him under agreement against his landlord ; and some 
cases of great hardship have been given in evidence where 
tenants have had to resort to action at law for the recovery of 
their claims. Provision should be made to meet this difficulty." 
Accordingly § 47 puts an end to this one-sided state of the 
