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Things privileged from distress

Cap. 189, s. 35 · Revised Edition 2020

Without prejudice to any rule of the common law relating to things privileged from distress for rent, the following goods and chattels shall be exempt from distress for rent, (a) the wearing apparel and bedding of the tenant or his family and, to the value of fifty dollars, the tools and implements of his trade, Provided that, in respect of such exemption from distress, the privilege shall not extend to any case where the lease, term or interest of the tenant has expired, and possession of the tenement in respect of which the rent is claimed has been demanded and the distress is made no earlier than seven days after such demand; and (b) in the case of a tenancy relating to land used for agricultural or grazing purposes, (i) agricultural or other machinery which is the property of a person other than the tenant, and is on the tenement under an agreement with the tenant for the hire or use thereof in the conduct of his business; (ii) livestock which is the property of a person other than the tenant, and is on the tenement solely for breeding purposes; and (iii) if there be other sufficient distress on the tenement, livestock on the tenement which is the property of a 28 person other than the tenant, and has been taken in by the tenant to be fed at a fair price, Provided that, in respect of the exemption from distress referred to in this subparagraph, if such livestock is so distrained by reason of other sufficient distress not being found, there shall not be recovered by the distress a sum exceeding the amount of the sum agreed to be paid for the feeding, or any part thereof which remains unpaid.
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