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No. XXII. shall at the request and costs of the avowant, or person making conur 11 George II. zance, assign (1) such bond to the avowant or person aforesaid, (2) by c. 19.
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.
[ 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.] 67 George IIL WHEREAS by an Act of Parliament passed in the eleventh year of
c. 52. 11 G. 2. c. 19. 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 is 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 pre. mises, 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) Quære, Whether a bond taken by the The assignment may be to the avowant only, sheriff upon making replevin, but not in all without joining the person making cognizance; points conformably to the directions of the Archer v. Dudley, 1 B. and P. 381. n. statute, 11 Geo. 2. c. 19, be assignable? Austen (3) The action on the bond may be in a v. Howard, 7 Taunt. 327.
superior court, although the suit was never (2) In Dias, Assignee, ». Freeman, 5 T. R. removed out of the county court. It was ob191, the breach was for not appearing at the served that the words were the same as those county court; and upon demurrer it was insisted in 4 Anne, c. 16, for assigning bail bonds, upon that the assignment could only be made to the which the action must be brought in the same avowant, or person making cognizance; but it court as the action in which the bond was taken; was ruled that the plaintiff was entitled to an Dias v. Freeman, 5 T. R. 195. assignment as a person who would have made (4) See Wilan v. Hobday, 4 M. and S. 120. cognizance but for the neglect of the defendant.
and Commons, in this present Parliament assembled, and by the au- No. XXIV. thority of the same, That from and after the passing of this Act
57 Geo. III. 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 suffi. cient distress can be had to countervail the arrears of rent, shall be ex
sions of recited tended to the case of tenants holding any lands, tenements, or heredita
Act extended ments at a rack rent, or where the rent reserved shall be full three fourths
to the case of of the yearly value of the demised premises, and who shall be in arrcar tenants in arfor one half year's rent, (instead of for one year as in the said recited rear for one Act is provided and enacted) and who shall hold such lands and tene- half year's rent ments or hereditaments under any demise or agreement either written instead of one or verbal, and although no right or power of re-entry be reserved or year. 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.] WH HEREAS divers persons acting as brokers, and distraining on the 57 George III. goods and chattels of others, or employed in the course of such
c. 93. 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 what. No person soever making any distress for rent, where the sum demanded and due making any shall not exceed the sum of twenty pounds for and in respect of such distress for rent, nor any person whatsoever employed in any manner in making rent, where the such distress, or doing any Act whatsoever in the course of such distress, sum due shall or for carrying the same into effect, shall have, take, or receive, out of not exceed 201. the produce of the goods or chattels distrained upon and sold, or from to take other the tenant distrained on, or from the landlord, or from
charges than other any person
mentioned in whatsoever, any other or more costs and charges for and in respect of
the schedule such distress, or any matter or thing done therein, than such as are fixed
annexed; 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
nor to charge person or persons whatsoever shall make any charge whatsoever for any for any Act not Act, matter, or thing mentioned in the said schedule, unless such Act done. shall have been really done.
II. And be it further enacted, That if any person or persons what- Partyaggrieved soever shall in any manner levy, take, or receive from any person or by any such persons whatsoever, or retain or take from the produce of any goods practice may sold for the payment of such rent, any other or greater costs and charges apply to a justhan are mentioned and set down in the said schedule, or make any tice of the charge whatsoever for any Act, matter, or thing mentioned in the said peace. 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 bis, 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 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. said schedule, such Act, matter, or thing not baving been really done, 57 Geo. III.
such justice shall order and adjudge treble the amount of the monies só 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 fully taken to
any movies or costs so ordered and adjudged to be paid, such justice be paid with
shall forthwith issue his warrant to levy the same by distress and sale of costs, which may be levied
the goods and chattels of the party or parties ordered to pay such monies by distress. or costs, rendering the overplos (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 bad, such justice shall by warrant under his hand conimit 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. Justices may
III. And be it enacted by the authority aforesaid, That it shall be law summon wit
ful 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 summóns, without any reasonable or lawful excuse, or refuse to be examined
upon oath, or if a quaker upon solemn affirmation, then every such perPenalty. son 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 ori, ginal complaint, excepting so far as regards the form of the order, and
hereinafter provided for. If complaint IV. And be it further enacted, That it shall be lawful for such justice, unfounded,jus- if he shall find that the complaint of the party or parties aggrieved is not tice may give well founded, to order and adjudge costs not exceeding twenty shillings costs to the
to be paid to the party or parties complained against, which order shall party complained against.
be carried into effect, and levied and paid in such manner, and with like
power of commitment, as is hereinbefore directed as to the order and No judgment judgment founded on such original complaint : Provided always, that to be given nothing herein contained shall empower such justice to make any order against any landlord,unless
or judgment against the landlord for wbose benefit any such distress he personally
shall have been inade, unless such landlord shall have personally levied levies the dis
such 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 Parties not to
course thereof, or by any costs and charges levied upon them in respect be barred of
of the same, shall be barred from any legal or other suit or remedy which other legal re
he, she, or they might bave had before the passing of this Act, excepting medies. so far as any complaint to be preferred by virtue of this Act shall have
heen 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. Signature of V. And be it further enacted, That such orders and judgments on such the justice complaints shall be made in the form in the schedule hereunto annexed, proof of judg- and may be proved before any court by proof of the signature of the ment.
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 seein most fit and convenient. Brokers to give VI. And be it further enacted, That every broker or other person who copies of their shall make and levy any distress whatsoever shall give a copy of bis charges to the charges, and of all the costs and charges of any distress whatsoever, persons distrained.
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. Printed copy
VII. And be it further enacted, That a fair printed copy of this Act of Act to be hung up in ses- the justices of each and every county in England and Wales shall hold
shall be hung up in some convenient place in such balls or rooms where sions house.
either their quarter or other sessions.
No. XXVI. 6 Geo. IV.
Schedule referred to in this Act.
FORM of the Order and Judgment of the Justice before whom Com
plaint is preferred, where the Order and Judgment is for the Com
plainant. 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 bis Majesty King George the Third, intituled An Act (here insert the title of this Act] 1, E. F. a Justice of the Peace for the county of
and acting within the division of
do order and adjudge that the said C. D. shall pay to A. B. the sum of as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B. under a distress for rent: and the further sum of
for costs on this complaint.
(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
In 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] 1, E. F. a Justice of the Peace for the county of
and acting within the division of
do order and adjudge that the complaint of the said A. B. is unfounded ; [if costs are givenj and I do further order and adjudge, that the said A. B. shall pay unto the said C.D. the sum of
(Signed) E. F.
SCHEDULE of the Limitation of Costs and Charges on Distresses for
1. S. d. Levying Distress
0 3 0 Man in possession, per Day
0 2 6 Appraisement, whether by one Broker or more,
Sixpence in the Pound on the Value of the Goods.
0 100 Catalogues, Sale and Commission, and Delivery of
Goods, One Shilling in the Pound on the Net Pro.
[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.] W 100.1.6. 25.
HEREAS an Act was passed in the Parliament of Ireland, in the 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
No. XXVI. present Parliament assembled, and by the authority of the same, That 6 Geo. IV. every person who at the time of the passing of this Act, or at any tiine
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 Pound Keep
any pound overt in Ireland," legally constituted, shall on or previous to ers shall give
such first day of Janugry one thousand eight hundred and twenty-six, at Security by
some Quarter Sessions or adjournment thereof, enter into security by Recognizances recognizance to the Clerk of the Peace of the county, county of city or to the Sheriff, county of a town, within which such pound shall be situale, or to the mayor to be renewed or other chief officer of a town corporate, where a pound shall be situate anuually, 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; anil 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 Penalty 101, person shall for every such offence forfeit the sum of ten pounds, to be
recovered and applied in manner herein-after mentioned. Persons rescu- II. And be it further enacted, That if any person, at any time after the ing Cattle, or passing of this Act, shall rescue any cattle which shall have been lawfully injuring
seized for the purpose of being impounded, or shall break down, injure, Pound, whe
or des!roy any pound legally constituted, whether any cattle shall be imther Cattle shall be there- pounded therein or nut, or shall commit any pound breach or rescue, in or not, de whereby any cattle of any description shall escape or be enlarged from any clared guilty such pound, every
person shall be deemed guilty of a misdemeanor; of a Misde. and upon conviction of such offence, either at the Assizes or Quarter ineauor. 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. Whenever any III. And he it further enacted, That every pound keeper as aforesaid, strayCattle are whenever and so often as any animals of any description which shall be put in Pound, found straying shall be impounded with him, shall post a written notice posted on the on the gate of his pound, and also upon the nearest church and chapel, Pound and ad. setting forth a description of such cattle so impounded or in his possession ; jacent Church and such notice shall remain so posted, until such animals shall have and Chapel, been claimed, or otherwise disposed of by due course of law; and every describing the pound keeper who shall neglect to post such notices as aforesaid, shall not Animals so claim or be entitled to receive any poundage fee for the custody of such pounded.
animal, and shall for each such neglect forfeit and pay a sum not exceedPenalty. ing five pounds. Magistrates IV. And be it further enacted, That from and after the passing of this assembled at Act, it shall and may be lawlul for the magistrates assembled at the Michaelmas Michaelmas Quarter Sessions in their several districts, and they are hereby Quarter Ses.
authorized and empowered to appoint and fix the rate or price which it sions shall fix shall be lawful for the keepers of any such pound as aforesaid to charge the Charge wbich Pound
and receive, for the sustenance of the cattle, of whatever description, Keepers may
which shall be committed to any such pound, in case the owner of such anake for Sus. cattle should not feed them hinself; which rate or price so fixed by such teuance of magistrates shall constantly be and remain posted in legible characters, Caitle 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,