South Australian Current Acts South Australian Current Acts138—Power of mortgagee to distrain on tenant or occupier for arrears not
exceeding the amount of rent due
Besides his remedy against the mortgagor or encumbrancer, every mortgagee or
encumbrancee shall be entitled after the principal sum, interest, annuity, or
rent-charge shall have been in arrear for twenty-one days, and after seven
days shall have elapsed from the date of application for the payment thereof
to the occupier or tenant, to enter upon the mortgaged or encumbered land, and
distrain upon the goods and chattels of such occupier or tenant for such
arrears to an amount not exceeding the rent then due from such occupier or
tenant to the mortgagor or encumbrancer, and to dispose of the goods and
chattels so distrained upon in like manner as landlords may do in ordinary
distresses for rent, and out of the proceeds to retain the moneys distrained
for, and all costs and expenses occasioned by such distress and sale; and any
amount paid by the occupier or tenant to the mortgagee or encumbrancee, or
realised by distress as aforesaid, shall be deemed pro tanto a satisfaction of
the said rent.