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No. XX. with the sheriff or under-sheriff of the county, or with the constable of 2 W. & M.
the hundred, parish, or place, (1) where such distress shall be taken (who sess. 1. c. 5.
are hereby required to be aiding and assisting therein), cause the goods and chattels so distrained to be appraised (2) by two sworn appraisers (whom such sheriff, under-sheriff, or constable, are hereby empowered to swear) to appraise the same truly, according to the best of their understandings and after such appraisement shall and may lawfully sell (3) the goods and chattels so distrained for the best price can be gotten for the same, towards satisfaction of the rent for which the said goods and chattels shall be distrained, and of the charges of such distress, appraisement, and sale, leaving the overplus (if any) in the hands
of the said sheriff, under-sheriff, or constable, for the owner's use. Corn loose, &c. * III. And whereas no sheaves or cocks of corn loose or in the straw, maybe detained ' or hay in any barn, or granary, or on any hovel, slack, or rick, can by and sold.
'the law be distrained, or otherwise secured for rent, whereby landlords are oftentimes cousened and deceived by their tenants, who sell their corn, grain, and hay to strangers, and remove the same from the pre* mises chargeable with such rent, and thereby avoid the payment of
the same;' be it further enacted by the authority aforesaid, That for remedying the said practice and deceit, it shall and may, from and after the said first day of June, be lawful to and for any person or persons having rent arrear and due upon any such demise, lease, or contract, as aforesaid, to seize and secure any sheaves or cocks of corn, or corn loose or in the straw, or hay lying or being in any barn or granary, or upon any hovel, stack, or rick, or otherwise upon any part of the land or ground charged with such rent, and to lock up or detain the same in the place where the same shall be found, for or in the nature of a distress, until the same shall be replevied upon such security to be given as aforesaid; and in default of replevying the same as aforesaid, within the time aforesaid, to sell the same after such appraisement thereof to be made ; so as nevertheless such corn, grain, or hay so distrained as aforesaid, be not removed by the person or persons distraining, to the damage of the owner thereof, out of the place where the same shall be found, and seized, but be kept there (as impounded) until the same shall be reple
vied, or sold in default of replevying the same within the time aforeTreble dama- IV. And be it further enacted by the authority aforesaid, That upon ges for pound- any pound-breach or rescous of goods or chattels distrained for rent, breach. the person or persons grieved thereby shall, in a special action upon the
case (5) for the wrong thereby sustained, recover his and their treble damages and costs of suit against the offender or offenders in any such rescous or pound-breach, any or either of them, or against the owners of the goods distrained, in case the same be afterwards found to have
come to his use or possession. (6) days, and that three days was an unreasonable instance in the landlord, therefore a sub-tenant, time; see st. 11 Geo. II. c. 19, post., sect. 10, whose goods are distrained and sold by the and Winterbourne v. Morgan, 11 E. 395. original landlord, cannot maintain assumpsit
(1) Where the premises lay partly in the against the immediate tenant for money paid to hundred of Andover, and partly in the hundred his use; Moore v. Pyrke, 11 E. 52. of Kinalsey, and the goods were all impounded (4) If standing corn is sold under an exein Kinalsey, the constable of Kinalsey was the cution, and afterwards cut by the vendee, it proper officer to administer the oath for the cannot be distrained before it is fit to be carappraisement of the whole distress; Walter v. ried; Gilb. Distr. (3d Ed.) 50. Secus, where it Rumbal, 1 Ld. Raym. 53. Q. If goods taken in is permitted to remain after severance; semble one parish can be appraised by a constable of a Parslow v. Cripps, Com. Rep. 203; but N. B., different parish in the same hundred ; semble the report only purports to contain the argunot; Wallace v. King, I H. B. 13.
ment of counsel, without stating any decision. (2) The goods, although appraised, may be (5) It is no answer to such action that the replevied after the five days, unless actually rent, &c. was tendered after the impounding; sold; Jacob v. King, 1 Marsh. 135.
Firth v. Purvis, 5 T. R. 432. (3) Semble this provision does not autho- (6) The Irish statute 8 Geo. I. c. 2. contains rize distraining things which were previously some salutary provisions, giving a summary exempt; Gorton r. Falkner, 4 T. R. 565. The jurisdiction to justices of peace in case of woney produced by the sale vests in the first
rescue of a distress.
V. Provided always, and be it further enacted, That in case any such No. XX. distress and sale as aforesaid, shall be made by virtue or colour of this 2 W. & M. present Act for rent pretended to be arrear and due, where in truth no
sess. 1. c. 5. rent is arrear or due to the person or persons distraining, or to him or them in whose name or names, or right, such distress shall be taken
Double damaaforesaid, that then the owner of such goods or chattels distrained and sold as aforesaid, his executors or administrators, shall and may, by against wrong
ges and costs action of trespass, or upon the case, to be brought against the person or ful distrainer. persons so distraining, any or either of them, his or their exceutors or administrators, recover double of the value of the goods or chattels so distrained and sold, together with full costs of suit.
[ No. XXI. ] 8 Anne, c. 14.-An Act for the better Secu
rity of Rents, and to prevent Frauds committed by
Tenants. FOR FOR the more easy and effectual recovery of rents reserved on leases 8 Anne, c. 14.
for life or lives, term of years, at will or otherwise; Be it enacted by After the first the Queen's most excellent Majesty, by and with the advice and consent of May, 1710, of the Lords Spiritual and Temporal, and Commons, in Parliament as
no goods, &c.
shall be taken sembled, and by the authority of the same, That from and after the first day of May, which shall be in the year of our Lord One thousand seven &c. unless the
in execution, hundred and ten, no goods or chattels whatsoever, lying or being in or party before upon any messuage, lands, or tenements, which are or shall be leased removal of the for life or lives, term of years, at will or otherwise, shall be liable to be goods, &c. pay taken by virtue of any execution on any pretence whatsoever, unless the the landlord party at whose suit the said execution is sued out, (1) shall before the the rent due. removal (2) of such goods from off the said premises, by virtue of such execution or extent, pay to the landlord (3) of the said premises or his bailiff, all such sum or sums of money as are or shall be due for rent for the said premises at the time (4) of the taking such goods or chattels by virtue of such exccution ; Provided the said arrears of rent do not amount to more than one year's rent; (5) and in case the said arrears shall exceed one year's rent, then the said party, at whose suit such execution is sued out, paying the said landlord or his bailiff, one year's rent, inay proceed to execute his judgment, as he might have done before the making of this Act; and the sheriff or other officer (6) is hereby empowered and required to levy and pay to the plaintiff as well the money so paid for rent, as the execution money. (7)
(1) The Act extends to an execution at the the corn be not removed from the premises suit of a defendant for costs, notwithstanding until long afterwards, when considerable the direction at the end of the section that the proportion of rent has become due, the landsheriff shall pay the plaintiff as well the rent as lord's remedy in such case is by distress ; the execution money; Henchett v. Kimpson, Gwillim v. Barker, 1 Price, 274. And the 2 Wils. 140.
landlord of premises on which goods have been (2) A bill of sale ruled to be a removal; scized under an extent in aid, is not entitled, West v. Hedges, Barnes, 211.
under the 8 Anne, to call on the sheriff to pay (3) The statute only extends to the imme- twelve months' rent, due before the, teste of diate landlord, not to a ground landlord; the writ; Rex v. Decaux, 2 Price, 17. Master Bennet's case, 2 Str. 787. An executor (5) Only one year's rent is to be paid, al. or administrator is entitled to the benefit of though there be two executions; semble Dod the statute, as to arrears accrued in the life- v. Saxby, 2 Str. 1024. time of the deceased; Palgrave v. Windham, (6) The bailiff of a liberty is subject to the I Str. 212.
provisions of the Act; Palgrave v. Windham, (4) The Act does not extend to rent which i Str. 212. accrues during the continuance of the sheriff (7) In order to render the sheriff responsible in possession ; Hoskins v. Knight, 1 M. and S. for non-compliance with the Act, there must 245. And a sheriff taking corn in the blade be a demand for the rent, before the removal, under a fieri facias, and selling it before rent by the party entitled ; and a demand by a due, is not liable to account to the landlord of person to whom administration is afterwards the defendant, under the statute 8 Anne, for committed does not operate by relation; Warrent accruing subsequently to the levy and' ing v. Dewberry, 2 Str. 97: see Smith v. Russell, sale, although he has given notice, and though 3 Taunt. 400. And semble, that a sheriff is not
No. XXI. II. And be it further enacted by the authority aforesaid, That in case
any lessee for life or lives, term of years, at will or otherwise, of any
day of May, fraudulently or clandestinely convey or carry off or from If any lessee,
such demised premises, his goods or chaliels, with intent to prevent the &c. shall fraudulently carry
landlord or lessor, from distraining the same for arrears of such rent so off goods, &c.
reserved as aforesaid, it shall and may be lawful to and for such lessor the lessor, &c. or landlord, or any person or persons by him for that purpose lawfully may within five empowered, within the space of five days next ensuing such conveying days after seize away or carrying off such goods or chattels as aforesaid, to take and such goods, seize such goods and chattels wherever the same shall be found as a dis&c. and sell the tress for the said arrears of such rent; and the same to sell or otherwise same as if they dispose of, in such manner, as if the said goods and chattels had actually had been dis
been distrained by such lessor or landlord, in and upon such demised trained.
premises for such arrears of rent; any law, custom, or usage to the con
trary in any wise notwithstanding. Proviso, such
Ill. Provided nevertheless, That nothing in this Act contained shall lessor,&c.shall extend, or be construed to extend to empower such lessor or landlord to not seize any
take or seize any goods or chattels as a distress for arrears of rent, which goods, &c. which shall be
shall be sold bona fide, and for a valuable consideration, before such bona fide sola
seizure made; any thing herein contained to the contrary notwithbefore.
standing: Debt may be
• IV. And whereas no action of debt lies against a tenant for life or brought against
• lives, for any arrears of rent, during the continuance of such estate tenant for life ' for life or lives ;' Be it enacted by the authority aforesaid, That from for rent. and after the said first day of May it shall and may be lawful for any
person or persons, having any rent in arrear, or due upon any lease or
such rent were due and reserved upon a lease for years.
William and Queen “ An Act for enabling the Sale of Goods distrained for c. 5.
Rent, in case the Rent be not paid in reasonable Time,” is in that behalf
directed and appointed. Rent in arrear VI. And whereas tenants pur auter vie, and lessees for years or at
will, frequently hold over the tenements to them demised, after the for life, &c. ex- determination of such leases: And whereas after the determination of pired, may be
such, or any other leases, no distress can by law be made for any arrears distrained for
of rent that grew due on such respective leases before the determinaafter the deter- • tion thereof; it is hereby further enacted by the authority aforesaid, mination of the That from and after the said first day of May One thousand seven hunlease.
dred and ten, it shall and may be lawful for any person or persons,
the determination of the said respective leases, in the same manner as
upon a lease
they might have done, if such lease or leases had not been ended or No. XXI. determined.
8 Aque, c.14. VII. Provided, That such distress be made within the space of six calendar months (1) after the determination of such lease, and during Distress to be the continuance of such landlord's title or interest, and during the pos- within six session of the tenant (2) from whom such arrears became due.
months after the end of the lease, and during the landlord's title and tenant's possession. VIII. Provided always, and it hereby enacted and declared by the This Act shall authority aforesaid, That nothing in this Act contained shall extend, or not hinder the be construed to extend, to let, hinder, or prejudice her Majesty, her Queen, &c. to heirs or successors, in the levying, recovering, or seizing any debts, levy, &c. any fines, penaltics, or forfeitures, that are or shall be due, payable, or
&c. due to the answerable to her Majesty, ber heirs or successors; but that it shall and may be lawful for her Majesty, her heirs and successors, to levy, recover, and seize such debts, fines, penalties, and forfeitures, in the same manper as if this Act had never been made ; any thing in this Act contained to the contrary thereof in any wise notwithstanding.
[ No. XXII. ] 4 George II. c. 28.-An Act for the more
effectual preventing Frauds committed by Tenants, and for the more easy Recovery of Rents, and Re
newal of Leases. FOR securing to lessors and land owners their just rights, and to pre- 4 George II.
c. 28. King's most excellent Majesty, by and with the advice and consent of Personsholding the Lords Spiritual and Temporal, and Commons, in this present Parlia- over lands, &c. ment assembled, and by the authority of the same, That in case any after expiration tenant or tenants for any term of life, lives or years, or other person or of leases to pay persons, who are or shall come into possession of any lands, tenements, double the or hereditaments, by, from or under, or by collusion with such tenant yearly value. or tenants, shall wilfully (3) hold over any lands, tenements or hereditaments, after the determination of such terın or terms, and after demand made, and notice in writing (1) given, for delivering the possession thereof, by his or their landlords or lessors, or the person or persons to whom the remainder or reversion of such lands, tenements or hereditaments shall belong, his or their agent (5) or agents thereunto lawfully authorized; then and in such case such person or persons so (6) holding over, shall, for and during the time he, she, and they shall so hold over, or keep the person or persons intitled (7) out of possession of the said lands, tenements, and hereditaments, as aforesaid, pay to the person or persons so kept out of possession, their executors, administrators or
(1) The distress may be made during the Armstrong, 1 T. R. 53. A notice to quit, possession of the executor of the tenant, for I shall insist upon double rent,” does not give the rent accrued in the life of his testator; the tenant an option to continue the possession, Braithwaite v. Cooksey, 1 H. B. 465.
paying double rent; Doe dem. Matthews v. (2) A distress may be made after the ex- Jackson, Doug. 175. piration of the six months during the time that (5) A receiver appointed by the Court of the tenant, according to the custom of the Chancery in a suit depending is a sufficient country, has the way-going crop on the pre- agent to give notice ; Wilkinson v. Colley, miscs; Bevan v. Delahay, 1 H. B. 5; Lewis 5 Bur. 2694. r. Harris, n. ibid.
(6) If the notice is given to a woman who (3) A tenant holding over under a fair claim afterwards marries, the action for not deliverof right is not within the Act, although it being up possession may be maintained against decided eventually that he has no right; Wright the husband, without any new demand, and v. Smith, 5 Espinasse, 203.
the wife need not be joined; Lake v. Smith, (4) The notice to quit, given previous to the 1 N. R. 174. expiration of the term, is a sufficient demand ; (7) An administratrix of an executor cannot Cutting v. Derby, 2 Bl. 1074; Wilkinson v. sustain an action on this Act, although the Colley, 5 Bur. 2694 : and the right to recover tenant has attorned to her without taking adthereon is not waved by giving a second notice ministration, de donis non, to the first testatorį after the expiration of the first; Messenger v. Tingrcy v. Brown, 1 B. and P. 310.
No. XXII. assigns, at the rate of double the yearly value (1) of the lands, tenements, 4 George II. and
hereditaments so detained, for so long time as the same are detained, c. 28.
to be recovered in any of his Majesty's Courts of Record, by action of debt, (2) whereunto the defendant or defendants shall be obliged to give special bail, against the recovering of which said penalty there shall be no relief in equity. (3)
• II. And whereas great inconveniences do frequently happen to lessors • and landlords, in cases of re-entry for nonpayment of rent, by reason of • the many niceties that attend the re-entries at common law; aod foras' much as when a legal re-entry is made, the landlord or lessor must be at
the expense, charge, and delay, of recovering in ejectment, before he ' can obtain the actual possession of the demised premises ; and it often happens that after such a re-entry made, the lessee or his assignee, upon one or more bills filed in a court of equity, not only holds out • the lessor or landlord by an injunction, from recovering the possession, but likewise, pending the said suit, do run much more in arrear, without giving any security for the rents due, when the said re-entry was
made, or which shall or do afterwards incur:' For remedy whereof, One half a be it enacted by the authority aforesaid, That in all cases between landyear's rent in lord and tenant, from and after the twenty-fourth day of June One
thousand seven hundred and thirty-one, as often as it shall happen that lord may re- one-half year's rent shall be in arrear, and the landlord or lessor, to whom enter, serving a the same is due, hath right by law to re-enter for the nonpayment there, declaration of of, such landlord or lessor shall and may, without any formal demand ejectment.
or re-entry, serve a declaration in ejectment for the recovery of the demised premises, or in case the same cannot be legally served, or no tenant be in actual possession of the premises, then to affix the same upon the door of any demised messuage, or in case such ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements or hereditaments, comprised in such declaration in ejectment, and such affixing shall be deemed legal service thereof, which service or affixing such declaration in ejectment, shall stand in the place and stead of a demand and re-entry; and in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry and ouster, it shall be made appear to the court where the said suit is depending, by affidavit, (4) or be proved upon the trial, in case the defendant appears, that half a year's rent was due before the said declaration was served, and that no sufficient distress (5) was to be found
(1) For the distinction between this Act and variations, from the Irish Statute 11 Anne, c. 2. 11 Geo. Il. c. 19. subjecting the tenant giving sec. 1. See 1 Gabbett, 468. notice to quit to double rent, see 3 Burr.
Doe v. Lewis, 1 Burr. 614, the lessor 2698.
having recovered in a former ejectment under (2) One tenant in common may maintain this Act, the lessee, after a lapse of several this action against the defendant, who, after years, brought a second ejectment on the title regular notice to quit his moiety, had turned of his lease ; and the proceedings in the first off the plaintiff's sheep; Cutting v. Derby, ejectment being in all other respects con2 Bl. Rep. 1175. It by no means follows, that fessedly regular, he insisted that he was inthe action could be maintained in such a case titled to recover, because no affidavit was proagainst a defendant for merely retaining pos- duced which had been made in conformity to session; which (being himself tenant in com- the Act: and the Court held that it was not mon in respect of the other moiety) he is in- incumbent on the landlord to prove the regutitled to do. In an action for double value, larity of all the circumstances upon which his and also for use and occupation, the defendant judgment and execution were founded ; but paid the single rent into Court upon the latter that the judgment must be taken to have been count, and the plaintiff by taking it out was a right, regular and good one, as nothing apheld not to wave his right under the former, so peared to the contrary. as to be subject to nonsuit thereon, but that (5) Where the rent became due on the 25th the case ought to have gone to the jury; Ryal of March, the demise was laid on the 2d of v. Rich, 10 E. 18. The action for double value May, it appeared that there was no sufficient may be brought after a judgment in ejectment, distress on some day in May (the particular for the holding over down to the time of reco- day being left uncertain) and the declaration vering the possession ; Soulsby v. Nevin, 9 E. served on the 6th of June, no evidence being 310.
given by the defendant to repel the inference (3) This section is copied, with some slight of there being no sufficient distress, by shewing