57Irregularity not to vitiate distress, but may ground claim for damage

57 Irregularity not to vitiate distress, but may ground claim for damage

(1)  Where any distress is made for any rent or sum justly due, and any irregularity or unlawful act is afterwards done by the person causing the distress to be made, or by his agent or bailiff, the distress shall not be deemed unlawful nor the distrainer a trespasser ab initio; but the party grieved may recover satisfaction for the damage by action; and if he recovers he shall have full costs.

(2)  No tenant shall recover in any action for any such unlawful act or irregularity as aforesaid if tender of amends has been made by the party distraining, or by his agent, before action brought.