Remedy for taking unauthorised costs and charges

(1) If any person in any manner levies, takes or receives from any person, or retains or takes from the produce of any goods sold for the payment of the rent, any other or greater costs and charges than are so fixed, allowed and appropriated as aforesaid, or makes any charge whatever for any act, matter or thing aforesaid, which has not been really done, the party aggrieved by those practices may apply to a magistrate for the redress of his grievances so occasioned. (2) The magistrate shall summon the person of whom complaint is made to appear before him at a reasonable time to be fixed in the summons, and examine into the matter of the complaint by all legal ways and means, and also hear in like manner the defence of that person. (3) If on the hearing, it appears to the magistrate that that person has levied, taken or received, other and greater costs and charges than are so fixed, allowed and appropriated as aforesaid, or made any charge for any act, matter or thing aforesaid which has not been actually done, he shall order and adjudge treble the amount of the moneys so unlawfully taken to be paid by the person who has so acted to the party who has thus preferred his complaint thereof, together with full costs. (4) In case of non-payment of any moneys or costs so ordered and adjudged to be paid, the magistrate shall forthwith issue his warrant to levy them by distress and sale of the goods and chattels of the party ordered to pay them, rendering the surplus proceeds, if any, to the owner after the payment of the charges of the distress and sale, and if no sufficient distress can be had, the magistrate shall, by warrant under his hand, commit the party to prison, there to remain for any time not exceeding the space of two calendar months, unless the order or judgment is sooner satisfied.