Section 313. Remedy Where Distress and Sale Made and No Rent Due.--In case any distress and sale of personal property shall be made for rent when no rent is due to the person distraining or to the person in whose name the distress had been taken, then the owner of the personal property shall, by action of trespass brought against the person distraining, recover double the value of the personal property so distrained and sold, together with the costs of suit.