(1) Where a landlord, after being served with the declaration and inventory, and after the lodger has paid or tendered to the landlord, the rent which the lodger is authorized to pay, levies or proceeds with a distress on the furniture, goods or chattels of the lodger, the landlord shall be considered guilty of an illegal distress.
(2) The lodger may apply to a Provincial Court judge for an order for the restoration to him or her of the goods.
(3) The Provincial Court judge shall inquire into the truth of the declaration and inventory, and shall make an order for the recovery of the goods or otherwise as seems just, and the landlord shall also be liable to an action at law, at the suit of the lodger, in which action the truth of the declaration and inventory may be inquired into.