Section 13Part 2 — Rights of Landlords
Provision where any irregularity or illegality by party distraining
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Where any distress is made for any kind of rent justly due, and any irregularity or unlawful act is afterwards done by the party distraining, or by his agent, the distress itself shall not be deemed to be unlawful, nor the party making it be deemed a trespasser ab initio, but the party aggrieved by such unlawful act or irregularity may recover full satisfaction for the special damage he has sustained thereby, in any action of trespass or on the case, at the election of the plaintiff:
Provided that, where the plaintiff recovers in such action, he shall be paid his full costs, and have all the like remedies for the same as in other cases of costs:
Provided that no tenant or lessee shall recover in any action for any such unlawful act or irregularity, if tender of amends has been made by the party distraining or his agent before such action brought.