56 The Agricultural Holdings (^England) Act, 1883. 
law by providing that upon distraint a tenant may set off 
against the rent any compensation then ascertained to be due 
under the Act or under any custom or contract ; and the land- 
lord can only distrain for the balance. 
Limitation of Costs in case of Distress (§ 49). — An Act 
passed in 1817* regulates the costs and chargies in cases of 
distress for sums not exceeding 20Z. The Committee of 1882 
recommended that the same scale should apply to distress for 
rent up to 50Z. ; and they called attention to the " heavy and 
unnecessary costs incident to the processes of distress and the 
sale of effects." Section 49 goes even further than the suggestion 
here made, for, leaving the existing statutory scale in force as to 
distress levied generally for sums not exceeding 20/., it enacts 
the following scale of costs and charges, which are to regulate 
aU distraints for rent above 20/. on holdings to which the Act 
applies : — 
" 1. Levying distress. Three per cent, on any sum exceeding 
20/. and not exceeding 50/. Two and a half per cent, on any 
sum exceeding 50/. 
" 2. To bailiff for levy, 1/. Is. 
" 3. To men in possession, if boarded, 3s. 6J. per day ; if 
not boarded, 5s. per day. 
" 4. For advertisements, the sum actually paid. 
" 5. To auctioneer. For sale 5/. per cent, on the sum 
realised, not exceeding 100/., and 4/. per cent, on any additional 
sum realised, not exceeding 100/. ; and on any sum exceeding 
200/., 3/. per cent. A fraction of 1/. to be in all cases con- 
sidered 1/. 
" 6. Reasonable costs and charges where distress is with- 
drawn, or where no sale takes place, and for negotiations 
between landlord and tenant respecting the distress : such 
costs and charges, in case the parties differ, to be taxed by the 
Registrar of the County Court of the district in which the 
distress is made." 
The power of taxation given to the County Court Registrar 
carries out another useful suggestion made by the Committee of 
1882. 
Appraisement and Sale at Public Auction (§ 50). — An Act 
passed in the year lG89t required that, before the sale of goods 
distrained, they should be appraised by two persons sworn by 
the Sheriff to appraise truly. By general consent among the 
witnesses examined in 1882 this process was condemned. 
Auctioneers were entitled to 2j^ per cent, for appraisement, but 
it was of no practical value, except in very rare cases where 
♦ 57 Geo. 3, c. 93. 
t 2 Will, and Mary, c. 5, s. 1. 
