THE LAW OF DISTRESS.

Evening Star, Issue 7290, 15 August 1887, Page 4

THE LAW OF DISTRESS.

TO THE EDITOR. Sir —You gave your readers, several months ago, an epitome of the various Acts passed by our Parliament in lbßs, and drew their attention to the arbitrary powers given to mortgagees by seetir.n 90 of the Land Transfer Act, 188!), which, though supposed to be a consolidating Act only, yet fresh clauses \v;re inserted therein, and especially tu?h section. By this seclnn tho mortgagee, upon default in payment of tho principal or interest, has ceitain powers and remedies for possession of the mortgaged premise?, or, in c isc the mortagor himself shall be in occupition of the mortgaged premises, the mortgagee may distrain and sell the goods and chattels of euuh mortgagor in and upon tho said premises, and may retain out of the proceeds thereof the moneys which pfcall be in arrear, with all costs and expenses of such distress and sa'c." So much for mortage?. Now for landlords. The pistress Act, 18S5, sction 7, provides that " the personal and family clothing, the bed clothes, beddin", and tools of trade to an amount not exceeding in" all are declared to be absolutely exempted from being sold or dispoped of under any distress for rent." So that on one band we have an Act forbidding certain goods and chattels to be sold for rent, and on the other hand we have an Act passed only eight di-.vs later in the same session allowing them to be sold for intereei. Why should mortgagees have greater powers ard rights th;n landlords ? Only this week a neighbor of mine will) a nice five-roomed cottago and scctnn, beta" in arrear with his interest, was much surprised on h?s return heme from h : s work one evening to find a bailiff in pcs;ession oi Irs goods, under wrrmt fi<*ncd by tho mortgagee, " to dietrain tho goods at.d chatte'te in the d*tl;i.' grouse cf (mortgagor) for tho amount cf interest dr.c to rop, and to proceed thc.'-onas the law directs.'' Everything in tho poor fel'ow's house has been ee'zsd, even to the proskcry and choking utensils, and they will no doubt be sold "at the law direc's," and this notwithstanding it will l<ave Mm with his wife and seven children (the v'cun-'CBt on'v two months old) hoinclcs*. The house was "but fairly iurr,isl;jd, the mortgagor being a tr.'.dcsmin only ; hut t.ov « is swept from him, for, of noursji l , after the sale of the goods and chittels, v.hic'.i v\i!l not, ror.iiea enough to pav the interest even, the mortgagee will proceed to soil the laid, and probably do so through the Registrar, and buy it in himself at a bargain. The mortgagor assures mo that tho mortgaged premises are worth LIOO, but there is no selling land for cash nowadays, although the principal and interest together do not exceed L2IJO. Surely this is a hard oase, and but poor encouragement for working men to strive to be their own landlords, subject to such mortgagees' rights. Who, when borrowing money to erect a cottage, for instance, ever dreanw that, should he fall in arrenr with his intero:t, ho may at any moment have a bailiff in his house distraining on his goods and chattels on the mortgaged premises ? And if interest be not paid within five days, the goods may be sold, ard then tho house and land may follow sui, and thus all hia hard-imrned property miy be swept from him. But so it is iu this Colony. " Facts are stubborn things."-! am, etc., Observm. Duncan, August 12.