c. 19. [Part IV. No. XXIII. shall at the request and costs of the avowant, or person making conu 11 George II, zance, assign (1) such bond to the avowant or person aforesaid, (2) by indorsing the same, and attesting it under his hand and seal in the presence of two or more credible witnesses; which may be done without any stamp, provided the assignment so indorsed be duly stamped before any action brought thereupon; and if the bond so taken and assigned be forfeited, the avowant, or person making conuzance, may bring an action, and recover thereupon in his own name; (3) and the court where such action shall be brought, (4) may by a rule of the same court give such relief to the parties upon such bond, as may be agreeable to justice and reason; and such rule shall have the nature and effect of a defeazance to such bond. 57 George IIL c. 52. 11 G. 2. c. 19. [No. XXIV. ] 57 Geo. III. c. 52.-An Act to alter an Act passed in the Eleventh Year of the Reign of King George the Second, for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants. -[27th June 1817.] WHEREAS by an Act of Parliament passed in the eleventh year of the reign of his late Majesty King George the Second, intituled An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants, it is amongst other things enacted, That from and after the twenty-fourth day of June One thousand seven hundred and thirty-eight, if any tenant holding any lands, tenements, or hereditaments at a rack-rent, or where the rent reserved should be full threefourths of the yearly value of the demised premises, who should be in arrear for one year's rent, should desert the demised premises, and leave the same uncultivated or unoccupied, so as no sufficient distress could be had to countervail the arrears of rent, it should and might be lawful to and for two or more justices of the peace of the county, riding, division, or place (having no interest in the demised premises), at the request of the lessor or landlord, lessors or landlords, or his, her, or their bailiff or receiver, to go upon and view the same, and to affix or cause to be affixed on the most notorious part of the premises notice in writing what day (at the distance of fourteen days at least) they would return to take a second view thereof; and if upon such second view the tenant, or some person on his or her behalf, should not appear and pay the rent in arrear, or there should not be sufficient distress upon the premises, then the said justices might put the landlord or landlords, lessor or lessors, into the possession of the said demised premises; and the lease thereof to such tenant, as to any demise therein contained only, should from thenceforth become void: And whereas it is expedient, for the due protection of the interest of landlords, that so much of the said Act as requires a tenant to be in arrear for one year's rent should be altered, and that the provisions of the said Act should be extended to tenancies where no right of entry in case of non-payment is reserved to the landlord; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, (1) Quare, Whether a bond taken by the sheriff upon making replevin, but not in all points conformably to the directions of the statute, 11 Geo. 2. c. 19, be assignable? Austen v. Howard, 7 Taunt. 327. (2) In Dias, Assignee, v. Freeman, 5 T. R. 191, the breach was for not appearing at the county court; and upon demurrer it was insisted that the assignment could only be made to the avowant, or person making cognizance; but it was ruled that the plaintiff was entitled to an assignment as a person who would have made cognizance but for the neglect of the defendant. The assignment may be to the avowant only, without joining the person making cognizance; Archer v. Dudley, 1 B. and P. 381. n. (3) The action on the bond may be in a superior court, although the suit was never removed out of the county court. It was observed that the words were the same as those in 4 Anne, c. 16, for assigning bail bonds, upon which the action must be brought in the same court as the action in which the bond was taken; Dias v. Freeman, 5 T. R. 195. (4) Sce Wilan v. Hobday, 4 M. and S. 120. and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act the provisions, powers, and remedies by the said recited Act given to lessors and landlords in case of any tenant deserting the demised premises and leaving the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, shall be extended to the case of tenants holding any lands, tenements, or hereditaments at a rack rent, or where the rent reserved shall be full three fourths of the yearly value of the demised premises, and who shall be in arrear for one half year's rent, (instead of for one year as in the said recited Act is provided and enacted) and who shall hold such lands and tenements or hereditaments under any demise or agreement either written or verbal, and although no right or power of re-entry be reserved or given to the landlord in case of non-payment of rent, who shall be in arrear for one half year's rent, instead of for one year, as in the said recited Act is provided and enacted. [No. XXV. ] 57 George III. c. 93.-An Act to regulate the Costs of Distresses levied for Payment of Small Rents.-[10th July 1817.] c. 93. WHEREAS divers persons acting as brokers, and distraining on the 57 George III. goods and chattels of others, or employed in the course of such distresses, have of late made excessive charges, to the great oppression of poor tenants and others; and it is expedient to check such practices; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act no person whatsoever making any distress for rent, where the sum demanded and due shall not exceed the sum of twenty pounds for and in respect of such rent, nor any person whatsoever employed in any manner in making such distress, or doing any Act whatsoever in the course of such distress, or for carrying the same into effect, shall have, take, or receive, out of the produce of the goods or chattels distrained upon and sold, or from the tenant distrained on, or from the landlord, or from any other person whatsoever, any other or more costs and charges for and in respect of such distress, or any matter or thing done therein, than such as are fixed and set forth in the schedule hereunto annexed and appropriated to each Act which shall have been done in the course of such distress; and no person or persons whatsoever shall make any charge whatsoever for any Act, matter, or thing mentioned in the said schedule, unless such Act shall have been really done. II. And be it further enacted, That if any person or persons whatsoever shall in any manner levy, take, or receive from any person or persons whatsoever, or retain or take from the produce of any goods sold for the payment of such rent, any other or greater costs and charges than are mentioned and set down in the said schedule, or make any charge whatsoever for any Act, matter, or thing mentioned in the said schedule, and not really done, it shall be lawful for the party or parties aggrieved by such practices to apply to any one justice of the peace for the county, city, town, and acting for the division where such distress shall have been made, or in any manner proceeded in, for the redress of his, her, or their grievance so occasioned; whereupon such justice shall summon the person or persons complained of to appear before him at a reasonable time to be fixed in such summons; and such justice shall examine into the matter of such complaint by all legal ways and means, and also hear in like manner the defence of the person or persons complained No person making any distress for rent, where the sum due shall not exceed 201. to take other mentioned in charges than the schedule annexed; for any Act not nor to charge done. Partyaggrieved by any such practice may apply to a justice of the peace. of; and if it shall appear to such justice that the person or persons com- Justice mayadplained of shall have levied, taken, received, or had other and greater judge treble the costs and charges than are mentioned or fixed in the schedule hereunto amount of the annexed, or made any charge for any matter or thing mentioned in the monies unlaw No. XXV. 57 Geo. III. c. 93. fully taken to be paid with costs, which may be levied by distress. Justices may summon wit nesses. Penalty. If complaint unfounded,justice may give costs to the party com plained against. No judgment to be given against any said schedule, such Act, matter, or thing not having been really done, such justice shall order and adjudge treble the amount of the monies so unlawfully taken to be paid by the person or persons so having acted to the party or parties who shall thus have preferred his, her, or their com plaint thereof, together with full costs; and in case of non-payment of any monies or costs so ordered and adjudged to be paid, such justice shall forthwith issue his warrant to levy the same by distress and sale of the goods and chattels of the party or parties ordered to pay such monies or costs, rendering the overplus (if any) to the owner or owners, after the payment of the charges of such distress and sale; and in case no sufficient distress can be had, such justice shall by warrant under his hand commit the party or parties to the common gaol or prison within the limits of the jurisdiction of such justice, there to remain until such order or judgment be satisfied. 11. And be it enacted by the authority aforesaid, That it shall be lawful for such justice, at the request of the party complaining or complained against, to summon all persons as witnesses, and to administer an oath to them touching the matter of such complaint or defence against it; and if any person or persons so summoned shall not obey such summons, without any reasonable or lawful excuse, or refuse to be examined upon oath, or if a quaker upon solemn affirmation, then every such person so offending shall forfeit and pay a sum not exceeding forty shillings, to be ordered, levied, and paid in such manner and by such means, and with such power of commitment, as is hereinbefore directed as to such order and judgment to be given between the party or parties in the original complaint, excepting so far as regards the form of the order, and hereinafter provided for. IV. And be it further enacted, That it shall be lawful for such justice, if he shall find that the complaint of the party or parties aggrieved is not well founded, to order and adjudge costs not exceeding twenty shillings to be paid to the party or parties complained against, which order shall be carried into effect, and levied and paid in such manner, and with like power of commitment, as is herein before directed as to the order and judgment founded on such original complaint: Provided always, that nothing herein contained shall empower such justice to make any order or judgment against the landlord for whose benefit any such distress landlord,unless shall have been made, unless such landlord shall have personally levied he personally levies the dissuch distress: Provided always, that no person or persons who shall be tress. aggrieved by any distress for rent, or by any proceedings had in the course thereof, or by any costs and charges levied upon them in respect of the same, shall be barred from any legal or other suit or remedy which he, she, or they might have had before the passing of this Act, excepting so far as any complaint to be preferred by virtue of this Act shall have been determined by the order and judgment of the justice before whom it shall have been heard and determined; and which order and judgment shall and may be given in evidence, under the plea of the general issue, in all cases where the matter of such complaint shall be made the subject of any action. Parties not to be barred of other legal remedies. Signature of the justice proof of judg ment. Brokers to give copies of their charges to the persons distrained. Printed copy of Act to be V. And be it further enacted, That such orders and judgments on such complaints shall be made in the form in the schedule hereunto annexed, and may be proved before any court by proof of the signature of the justice to such order and judgment; and such orders as regard persons who may have been summoned as witnesses shall be made in such form as to such justice shall seem most fit and convenient. VI. And be it further enacted, That every broker or other person who shall make and levy any distress whatsoever shall give a copy of his charges, and of all the costs and charges of any distress whatsoever, signed by him, to the person or persons on whose goods and chattels any distress shall be levied, although the amount of the rent demanded shall exceed the sum of twenty pounds. VII. And be it further enacted, That a fair printed copy of this Act shall be hung up in some convenient place in such halls or rooms where hung up in ses- the justices of each and every county in England and Wales shall hold sions house. either their quarter or other sessions. Schedule referred to in this Act. FORM of the Order and Judgment of the Justice before whom Complaint is preferred, where the Order and Judgment is for the Complainant. In the matter of the complaint of A. B. against C. D. for a breach of the provisions of an Act of the fifty-seventh year of his Majesty King George the Third, intituled An Act [here insert the title of this Act] I, E. F. a Justice of the Peace for the county of acting within the division of and do order and adjudge that the said C. D. shall pay to A. B. the sum of (Signed) E. F. FORM of the Order and Judgment of the Justice, where he dismisses the Complaint as unfounded, and with or without Costs, as the Case may be. and Is the matter of the complaint of A. B. against C. D. for the breach of the provisions of an Act of the fifty-seventh year of his Majesty King George the Third, intituled An Act [here insert the title of this Act] I, E. F. a Justice of the Peace for the county of acting within the division of do order and adjudge that the complaint of the said A. B. is unfounded; [if costs are given] and I do further order and adjudge, that the said A. B. shall pay unto the said C.D. the sum of for costs, No. XXVI. 6 Geo. IV. c. 43. (Signed) E. F. SCHEDULE of the Limitation of Costs and Charges on Distresses for Levying Distress Man in possession, per Day Small Rents. Appraisement, whether by one Broker or more, Stamp, the lawful Amount thereof All Expenses of Advertisements, if any such Catalogues, Sale and Commission, and Delivery of Goods, One Shilling in the Pound on the Net Produce of the Sale. [No. XXVI.] 6 George IV. c. 43.-An Act to amend and render more effectual an Act made in the Tenth Year of the reign of King Charles the First, for impounding of Distresses in Ireland.-[10th June 1825.] WHEREAS an Act was passed in the Parliament of Ireland, in the tenth year of the reign of King Charles the First, intituled An Act for 10 C. I. c. 25. the Impounding of Distresses: And whereas the provisions of the said recited Act are not sufficient for the purposes intended; and it is expedient that a more effectual regulation should be made for such purposes, and to prevent abuse in the making and impounding of distresses in Ireland; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this VOL. IV. *N 185 a No. XXVI. 6 Geo. IV. c. 43. Pound Keep ers shall give Security by Recognizances to the Sheriff, to be renewed annually. Penalty 107. Persons rescu ing Cattle, or injuring Pound, whether Cattle shall be there in or not, declared guilty of a Misdemeanor. Whenever any stray Cattle are put in Pound, Notice to be posted on the Pound and adjacent Church and Chapel, describing the Animals so pounded. Penalty. Magistrates sions shall fix present Parliament assembled, and by the authority of the same, That every person who at the time of the passing of this Act, or at any time before the first day of January one thousand eight hundred and twenty-six, shall be, or shall be duly appointed the keeper, or shall act as keeper of any pound overt in Ireland, legally constituted, shall on or previous to such first day of January one thousand eight hundred and twenty-six, at some Quarter Sessions or adjournment thereof, enter into security by recognizance to the Clerk of the Peace of the county, county of a city or county of a town, within which such pound shall be situate, or to the mayor or other chief officer of a town corporate, where a pound shall be situate within the jurisdiction of such town corporate, (and which recognizance such Clerk of the Peace or mayor, or other chief officer, is hereby authorized and empowered to take, and for taking which recognizance it shall not be lawful to charge or take any fee) conditioned for the due execution of the office of pound keeper; that is to say, each such pound keeper in the sum of ten pounds, and two sufficient sureties in the sum of five pounds each; and that every person who at any time after the said first day of January one thousand eight hundred and twenty-six, shall be or shall hereafter be appointed to be the keeper of any such pound, shall enter into the like security, at some Quarter Sessions or adjournment thereof which shall be held within the county or division, or riding of a county, county of a city or county of a town, or town corporate, within which such pound shall be situate; and every such security shall be renewed yearly and every year, in manner aforesaid; and if any person in Ireland shall keep any pound overt, or shall act as a pound keeper, without having given and entered into such security as is required by this Act, or without having renewed such security in manner aforesaid, every such person shall for every such offence forfeit the sum of ten pounds, to be recovered and applied in manner herein-after mentioned. II. And be it further enacted, That if any person, at any time after the passing of this Act, shall rescue any cattle which shall have been lawfully seized for the purpose of being impounded, or shall break down, injure, or destroy any pound legally constituted, whether any cattle shall be impounded therein or not, or shall commit any pound breach or rescue, whereby any cattle of any description shall escape or be enlarged from any such pound, every such person shall be deemed guilty of a misdemeanor; and upon conviction of such offence, either at the Assizes or Quarter Sessions of the county or place where such pound shall be situated, shall be liable to suffer fine and imprisonment, at the discretion of such Court before whom such offender shall be tried and convicted. III. And be it further enacted, That every pound keeper as aforesaid, whenever and so often as any animals of any description which shall be found straying shall be impounded with him, shall post a written notice on the gate of his pound, and also upon the nearest church and chapel, setting forth a description of such cattle so impounded or in his possession; and such notice shall remain so posted, until such animals shall have been claimed, or otherwise disposed of by due course of law; and every pound keeper who shall neglect to post such notices as aforesaid, shall not claim or be entitled to receive any poundage fee for the custody of such animal, and shall for each such neglect forfeit and pay a sum not exceeding five pounds. IV. And be it further enacted, That from and after the passing of this Act, it shall and may be lawful for the magistrates assembled at the Michaelmas Quarter Sessions in their several districts, and they are hereby authorized and empowered to appoint and fix the rate or price which it shall be lawful for the keepers of any such pound as aforesaid to charge and receive, for the sustenance of the cattle, of whatever description, which shall be committed to any such pound, in case the owner of such Cattle should not feed them himself; which rate or price so fixed by such magistrates shall constantly be and remain posted in legible characters, Cattle within either on the outside of the dwelling house, or on the outside of the pound their Pounds. of every such pound keeper; and every pound keeper who shall not keep Penalty for not keeping Rates posted up, or charging more than what shall be fixed. tenance of |