|
|
Recovery of damages in certain cases.
|
39. If on such trial by civil bill before the assistant barrister the complainant shall prove the facts of payment of rent by distress or otherwise to his immediate landlord, and of the subsequent seizure of his goods or stock under distress by a superior landlord, or his being compelled to pay any sum of money in or towards satisfaction of rent due to such superior landlord, to avoid any such distress, he shall be entitled to recover in damages, and shall so recover, upon such proof made of the facts herein-before mentioned, without any other or further proof of damages sustained, ten pounds in the hundred of the rent reserved and distrained for, in addition to the whole sum he shall have paid under such distress to the superior landlord, but shall not be precluded from entering upon proof of other more aggravated or special damage sustained, if he shall prefer such mode of proceeding for recovery of due and adequate compensation on such account.
|
