Effect of irregularity in making distress

(1) Where any distress is made for any rent justly due, and any irregularity or unlawful act is afterwards done by the party distraining or his agent, the distress itself shall not therefore be deemed to be unlawful, nor the party making it be deemed a trespasser ab initio, but the party aggrieved by the irregularity or unlawful act may recover, by action in any court of competent jurisdiction, full satisfaction for any special damage he has sustained thereby, and no more. (2) Where the plaintiff recovers in the action, he shall be paid his full costs of suit and have all the like remedies for them as in other cases. (3) No tenant or lessee shall recover in an action for any irregularity or unlawful act mentioned in subsection (1) of this section, if tender of sufficient amends has been made by the party distraining or his agent before action brought.