Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) If any superior landlord, or any agent employed by him –
levies or proceeds with a distress on the goods or chattels of the under-tenant, lodger, or other person aforesaid, such superior landlord, bailiff, or other agent shall be guilty of an illegal distress, and the under-tenant, lodger, or other person aforesaid may apply by complaint under the Justices Act 1959, for an order for the restoration to him of such goods.(a) after being served with such declaration and inventory as aforesaid; and
(b) 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 in accordance with such undertaking –
(2) On the hearing of such complaint the court shall inquire into the truth of the declaration and inventory, and shall make such order for the recovery of the goods or chattels or otherwise as to it may seem just.
(3) The superior landlord shall also be liable to an action at the suit of the under-tenant, lodger, or other person aforesaid, in which action the truth of the declaration and inventory may likewise be inquired into.