South Australian Consolidated Acts South Australian Consolidated Acts21—Duty of landlord after being served with declaration
Subject to the provisions of section 26, if any landlord, or any person
authorised by a landlord, after being served with the said declaration and
inventory, and in case any money is at the time of making such declaration due
for agistment, rent, or lodging, as mentioned in section 19 of this Act,
after payment to him of the money which by such section the owner of the
agisted cattle, or the under-tenant, or lodger, is authorised to pay, levies
or proceeds with a distress on such cattle, being the property of the person
by or on whose behalf they have been claimed, or on the goods of the
under-tenant or lodger, or goods which immediately prior to being distrained
were in his lawful possession, that landlord, and the person so authorised, if
any, shall if the immediate tenant had at the time of the service of the said
declaration and inventory no right of property or beneficial interest in such
agisted cattle other than his lien for agistment, if any, or in such goods, be
deemed guilty of an irregular distress, and shall be liable to an action on
the application of such under-tenant or lodger, but shall not be deemed
trespassers ab initio .