South Australian Consolidated Acts South Australian Consolidated Acts19—Rights of owner of agisted cattle, under-tenant, or lodger
(1) If any landlord
levies, or threatens to levy, or authorises to be levied, a distress on any
cattle agisted on the demised premises, or on any goods being the property or
in the lawful possession otherwise than as sub-tenant of any under-tenant
other than the immediate tenant, or of any lodger, for arrears of rent due to
such landlord by his immediate tenant, the owner of such agisted cattle, or
his agent, or such under-tenant or lodger, or his agent, may serve the
landlord or the person authorised by him to levy such distress, with a
declaration in writing in or to the effect of the form in Schedule 3, signed
by such owner or his agent, or such under-tenant or lodger or his agent.
(2) The declaration
shall—
(a) set
forth that the immediate tenant has no right of property or beneficial
interest in such cattle other than his lien for agistment, if any, or that he
has no right of property or beneficial interest in such goods, and that such
cattle are the property of such under-tenant or owner, or that such goods are
the property of such lodger, or are, or immediately prior to being distrained
were, in his lawful possession; and
(b)
state whether any and what money is due for agistment, rent, or lodging, and
for what period, from such owner, under-tenant, or lodger to the immediate
tenant, and if no such money is due, then stating that fact; and
(c) have
annexed thereto a correct inventory signed by the declarant of the cattle or
goods referred to in the declaration.
(3) And such owner,
under-tenant, or lodger, may pay to the landlord, or to the person authorised
by him as aforesaid, the amount so due for agistment, rent, or lodging, or so
much thereof as shall be sufficient to discharge the claim of such landlord
and his lawful charges.