1964_APPENDIX_IIA_-_ENGLISH_ACTS — Page 14

1987 Ed.]

Distress for Rent Act 1689

[App. IIA

Item 20

2 WILL. & MAR. C. 5.

(DISTRESS) (1689)

[Extracted from Halsbury's Statutes of England (2nd edition), Vol. 6, p. 143]

An Act for enabling the Sale of Goods distrained for Rent in case the

Rent be not paid in a reasonable time

[1.] Goods distrained may be sold. Whereas the most ordinary and ready way for recovery of arrears of rent is by distresse yet such distresses not being to be sold but onely detained as pledges for inforceing the payment of such rent the persons distraining have little benefit thereby. For the remedying whereof bee it enacted and ordained by the King and Queens most excellent Majestyes by and with the advice and consent of the lords spirituall and temporall and commons in this present Parlyament assembled and by au- thoritie of the same that from and after the first day of June in the yeare of our Lord one thousand six hundred and ninety that where any goods or chattells shall be distrained for any rent reserved and due upon any demise lease or contract whatsoever and the tenant or owner of the goods soe distrained shall not within five dayes [next1] after such distresse taken and notice thereof (with the cause of such takeing) left at the chiefe mansion house or other most notorious place on the premises charged with the rent distrained for replevy the same with sufficient security to be given to the sheriffe according to law that then in such case after such distresse and notice as aforesaid and expiration of the said five dayes the person distraining shall and may with the sheriffe or undersheriffe of the county or with the constable of the hundred parish or place where such distresse shall be taken (who are hereby required to be aiding and assisting therein) cause the goods and chattells soe distrained to be appraized by two sworne appraizers (whome such sheriffe under sheriffe or constable are hereby impowred to sweare) to appraize the same truely accord- ing to the best of their understandings and after such appraisment shall and may lawfully sell the goods and chattells soe distrained for the best price can be gotten for the same towards satisfaction of the rent for which the said goods and chattells shall be distrained and of the charges of such distresse appraisment and sale leaveing the overplus (if any) in the hands of the said sheriffe under sheriffe or constable for the owners use.

2. Sheaves or cocks of corn loose, etc., or hay, in any barn, etc., may be detained, and if not replevied, sold. And whereas noe sheaves or cocks of corne loose or in the straw or hay in any barne or

1 interlined on the roll.

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