The Agricultural Holdings {England) Act, 1883. 73 
bona fide agreement with him for the hire or use thereof in the conduct of 
his business, and live stock of all kinds which is the honCi fide property of a 
person other tlian the tenant, and is on the premises of the tenant solely for 
breeding purposes, shall not be distrained for rent in arrear. 
46. Bemedy for wrongful distress under this Act. — Where any dispute 
arises — 
(a) In respect of any distress having been levied contrary to the provisions 
of this Act ; or 
(V) As to the ownership of any live stock distrained, or as to the price to 
be paid for the feeding of such stock ; or 
(c) As to any other matter or thmg relating to a distress on a holding to 
which this Act applies: 
such dispute may be heard and determined by the county court or by a court 
of summary jurisdiction, and any such county court or court of summary 
jurisdiction may make an order for restoration of any live stock or things 
unlawfully distrained, or may declare the price agreed to be paid in the case 
where price of the feeding is required to be ascertained, or may make any 
other order which justice requires : any such dispute as mentioned in this 
section shall be deemed to be a matter in which a court of summary juris- 
diction has authority by law to make an order on complaint in pursuance of 
the Summary Jurisdiction Acts; but any person aggrieved by any decision 
of such court of summary jurisdiction under this section may, on giving such 
security to the other party as the coiurt may think just, appeal to a court 
of general or quarter sessions. 
47. Set-off of compensation against rent. — Where the compensation due 
under this Act, or under any custom or contract, to a tenant has been ascer- 
tained before the landlord distrains for rem due, the amount of such com- 
pensation may be set off against the rent due, and the landlord shall not be 
entitled to distrain for more than the balance. 
48. Exclusion of certiorari. — An order of the county court or of a court 
of summary jurisdiction under this Act shall not be quashed for want of 
form, or be removed by certiorari or otherwise into any superior court. 
49. Limitation of costs in case of distress. — No person whatsoever making 
any distress for rent on a holding to which this Act applies when the sum 
demanded and due shall exceed the sum of twenty pounds for or in respect of 
such rent shall be' entitled to any other or more costs and charges for and 
in respect of such distress or any matter or thing done therein than such as 
are fixed and set forth in the Second Schedule hereto. 
50. Repeal of 2 W. and M. c. 5 s. 1 as to apj/raisement and sale at public 
auction. — So much of an Act passed in the second year of the reign of their 
Majesties King William the Third and Mary, chapter five, as requires appraise- 
ment before sale of goods distrained is hereby repealed as respects any holding 
to which this Act applies, and the landlord or other person levying a distress 
on such holding may sell the goods and chattels distrained without causing 
them to be previously appraised ; and for the purposes of sale the goods and 
chattels distrained shall, at the request in writing of the tenant or owner of 
such goods and chattels, be removed to a public auction room or to some 
other fit and proper place specified in such request, and be there sold. The 
costs and expenses attending any such removal, and any damage to the 
goods and chattels arising therefrom, shall be borne and paid by the party 
requesting the removal. 
51. Extension of time to nplevy at reguest of tenant. — The period of 
five days provided in the said Act of William and Mary, chapter five, within 
which the tenant or owner of goods and chattels distrained may replevy the 
same shall, in the case of any distress on a holding to wliich this Act applies, 
be extended to a peiiod of not more than fifteen days, if the tenant or such 
