Claim for rent in arrear

(1) The landlord of any house or other building in which any goods are taken in execution may claim the rent thereof at any time within five days from the date of such taking, or before the removal of the goods, by delivering to the bailiff making the levy a statutory declaration signed by himself or his agent, which shall state the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due. 23 (2) If any such claim is made, the bailiff making the levy shall, in addition thereto, distrain for the rent so claimed and the costs of such distress, and shall not within five days next after such distress sell any part of the goods taken unless they are of a perishable nature or with the consent in writing of the party whose goods were taken, and the bailiff shall afterwards sell such of the goods taken in execution as may satisfy, first the costs of, and incidental to, the sale, next the claim of such landlord, not exceeding the rent of four weeks where the house or other building is let by the week, the rent of two terms of payment where the house or other building is let for any other term less than a year, and the rent of one year in any other case, and lastly the amount for which the writ of execution was issued, and the surplus proceeds of the sale, if any, and the residue of the goods taken shall be returned to the party against whom the writ was issued. (3) The fees and costs of the bailiff in respect of such distress shall be the same as would have been payable if the distress had been an execution of the court, and no other fees shall be demanded or taken in respect thereof.