14
Item 20
App. IIA
Distress for Rent Act 1689
[1987 Ed.
granary or on any hovell stack or rick can by the law be distrained or otherwise secured for rent whereby landlords are oftentimes cou-senved and deceived by their tenants who sell their corne graine and hay to strangers and remove the same from the premisses chargeable with such rent and thereby avoid the payment of the same. Bee it further enacted by the authoritie aforesaid that for remedying the said practice and deceit it shall and may from and after the said first day of June be lawfull to and for any person or persons haveing rent arreare and due upon any such demise lease or contract as aforesaid to seize and secure any sheaves or cocks of corne or corne loose or in the straw or hay lying or being in any barne or granary or upon any hovell stack or rick or otherwise upon any part of the land or ground charged with such rent and to locke up or detaine the same in the place where the same shall be found for or in the nature of a distresse untill the same shall be replevyed 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 appraisment thereof to be made soe as neverthelesse such corne graine or hay soe distrained as aforesaid be not removed by the person or persons distraineing 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) untill the same shall be replevyed or sold in default of replevying the same within the time aforesaid.
3.
Pound-breach or rescous, treble damages and cost.-And upon any pound breach or rescous of goods or chattells distrained for rent the person or persons grieved thereby shall in a speciall action upon the case for the wrong thereby sustained recover his and their treble damages and costs of suite 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.
4. Wrongful distress, double damages and full costs.--Provid-ed always.... that in case any such distresse and sale as aforesaid shall be made by vertue or colour of this present Act for rent pretended to be arreare and due where in truth noe rent is arreare or due to the person or persons distraining or to him or them in whose name or names or right such distresse shall be taken as aforesaid that then the owner of such goods or chattells distrained and sold as aforesaid his executors or administrators shall and may by action of trespasse or upon the case to be brought against the person or persons soe distraining any or either of them his or their executors or administrators recover double of the value of the goods or chattells soe distrained and sold together with full costs of suite.
1 pound O.
2 and O.
Page 15
Page 16
14
Item 20
App. IIA}
Distress for Rent Act 1689
[1987 Ed.
granary or on any hovell stack or rick can by the law be distrained or otherwise secured for rent whereby landlords are oftentimes cou- sened and deceived by their tenants who sell their corne graine and hay to strangers and remove the same from the premisses chargeable with such rent and thereby avoid the payment of the same. Bee it further enacted by the authoritie aforesaid that for remedying the said practice and deceit it shall and may from and after the said first day of June be lawfull to and for any person or persons haveing rent arreare and due upon any such demise lease or contract as aforesaid to seize and secure any sheaves or cocks of corne or corne loose or in the straw or hay lying or being in any barne or granary or upon any hovell stack or rick or otherwise upon any part of the land or [ground1] charged with such rent and to locke up or detaine the same in the place where the same shall be found for or in the nature of a distresse untill the same shall be replevyed 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 appraisment thereof to be made soe as neverthelesse such corne graine or hay soe distrained as aforesaid be not removed by the person [or2] persons distraineing 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) untill the same shall be replevyed or sold in default of replevying the same within the time aforesaid.
3.
Pound-breach or rescous, treble damages and cost.-And upon any pound breach or rescous of goods or chattells distrained for rent the person or persons grieved thereby shall in a speciall action upon the case for the wrong thereby sustained recover his and their treble damages and costs of suite 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.
4. Wrongful distress, double damages and full costs.--Provid- ed always.... that in case any such distresse and sale as aforesaid shall be made by vertue or colour of this present Act for rent pretended to be arreare and due where in truth noe rent is arreare or due to the person or persons distraining or to him or them in whose name or names or right such distresse shall be taken as aforesaid that then the owner of such goods or chattells distrained and sold as aforesaid his executors or administrators shall and may by action of trespasse or upon the case to be brought against the person or persons soe distraining any or either of them his or their executors or administrators recover double of the value of the goods or chattells soe distrained and sold together with full costs of suite.
1 pound O.
2 and O.
ت
Page 15Page 16
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