Penalty on the superior landlord for illegal distress after declaration

(1) If any superior landlord or any agent employed by him, after being served with the declaration and inventory mentioned in section 44, and in the case of an under-tenant or lodger, after such undertaking as aforesaid has been given, and the amount of rent (if any) then due has been paid or tendered 34 in accordance with that undertaking, levies or proceeds with a distress on the furniture, goods or chattels of the under- tenant, lodger or other person aforesaid, such superior landlord or agent commits an illegal distress, and the under-tenant, lodger or other person, may apply to a magistrate for an order for the restoration to him of such goods. (2) Every application under subsection (1) of this section, shall be heard before a magistrate who shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the goods or otherwise as to him may seem just, and the superior landlord shall also be liable to an action at law at the suit of the under-tenant, lodger or other person, in which action the truth of the declaration and inventory may likewise be inquired into. (3) The application and action may be joined in the same