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Section 19 Irregularity not to vitiate proceedings.

United Kingdom

Where any distress shall be made for any rentcharge payable under the said recited Acts or any of them, or this Act, and justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining, or his agent, in the conduct, sale, or disposition of the distress, the distress itself shall not be therefore deemed to be unlawful, nor the party making it deemed a trespasser from the beginning, but the party aggrieved by such unlawful act or irregularity may recover full satisfaction for the special damage in an action upon the case; provided nevertheless, that no plaintiff shall recover in any action for any such unlawful act or irregularity, if ten days notice in writing shall not have been given to the defendant by the plaintiff of his intention to bring such action before the commencement thereof, of if tender of sufficient amends has been made by the party distraining, or his agent, before such action brought, or if after action brought a sufficient sum of money shall have been paid into court, with costs, by or on behalf of the defendant.

Notes on the whole Act

Textual amendments

F1

Act repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. II Grp.2.