1987 Ed.]
Distress for Rent Act 1737
[App. IIA
purpose lawfully impowered, within the space of thirty days next ensuing such conveying away or carrying off such goods or chattels as aforesaid, to take and seize such goods and chattels wherever the same shall be found, as a distress for the said arrears of rent, and the same to sell or otherwise dispose of in such manner as if the said goods and chattels had actually been distrained by such lessor or landlord, lessors or landlords, in and upon such premisses for such arrears of rent, any law, custom, or usage to the contrary in any wise notwithstanding.
2. Goods sold to any person not privy to the fraud.-Provided always, that no landlord or lessor or other person intitled to such arrears of rent shall take or seize any such goods or chattels as a distress for the same which shall be sold bona fide and for a valuable consideration before such seizure made to any person or persons not privy to such fraud as aforesaid, any thing herein contained to the contrary notwithstanding.
3. Penalty on the said fraud, or assisting thereto.-And to deter tenants from such fraudulent conveying away their goods and chattels, and others from wilfully aiding or assisting therein or concealing the same, be it further enacted by the authority aforesaid, that from and after the said twenty fourth day of June, if any such tenant or lessee shall fraudulently remove and convey away his or her goods or chattels as aforesaid, or if any person or persons shall wilfully and knowingly aid or assist any such tenant or lessee in such fraudulent conveying away or carrying off of any part of his or her goods or chattels, or in concealing the same, all and every person and persons so offending shall forfeit and pay to the landlord or landlords, lessor or lessors, from whose estate such goods and chattels were fraudulently carried off as aforesaid, double the value of the goods by him, her, or them respectively carried off or concealed as aforesaid, to be recovered by action of debt in any of his Majesty's courts of record at Westminster, or in the courts of session in the counties palatine of Chester, Lancaster, or Durham respectively,..
4. If the goods exceed not the value of £50, landlords to have recourse to two justices. Provided always, that where the goods and chattels so fraudulently carried off or concealed shall not exceed the value of fifty pounds, it shall and may be lawful for the landlord or landlords from whose estate such goods or chattels were removed, his, her, or their bailiff, servant, or agent in his, her, or their behalf, to exhibit a complaint in writing against such offender or offenders before two or more justices of the peace of the same county, riding, or division of such county not being interested in the lands or tenements whence such goods were removed, who may summon the parties concerned, examine the fact, and all proper witnesses upon oath, . . . . and in a summary way determine whether such person or persons be guilty of the offence with which he or they are charged; and to enquire in like manner of the value of the goods and chattels
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23
Item 33
1987 Ed.]
Distress for Rent Act 1737
[App. IIA
purpose lawfully impowered, within the space of thirty days next ensuing such conveying away or carrying off such goods or chattels as aforesaid, to take and seize such goods and chattels wherever the same shall be found, as a distress for the said arrears of rent, and the same to sell or otherwise dispose of in such manner as if the said goods and chattels had actually been distrained by such lessor or landlord, lessors or landlords, in and upon such premisses for such arrears of rent, any law, custom, or usage to the contrary in any wise notwithstanding.
2. Goods sold to any person not privy to the fraud.-Provided always, that no landlord or lessor or other person intitled to such arrears of rent shall take or seize any such goods or chattels as a distress for the same which shall be sold bona fide and for a valuable consideration before such seizure made to any person or persons not privy to such fraud as aforesaid, any thing herein contained to the contrary notwithstanding.
3. Penalty on the said fraud, or assisting thereto.-And to deter tenants from such fraudulent conveying away their goods and chattels, and others from wilfully aiding or assisting therein or concealing the same, be it further enacted by the authority aforesaid, that from and after the said twenty fourth day of June, if any such tenant or lessee shall fraudulently remove and convey away his or her goods or chattels as aforesaid, or if any person or persons shall wilfully and knowingly aid or assist any such tenant or lessee in such fraudulent conveying away or carrying off of any part of his or her goods or chattels, or in concealing the same, all and every person and persons so offending shall forfeit and pay to the landlord or landlords, lessor or lessors, from whose estate such goods and chattels were fraudulently carried off as aforesaid, double the value of the goods by him, her, or them respectively carried off or concealed as aforesaid, to be recovered by action of debt in any of his Majesty's courts of record at Westminster, or in the courts of session in the counties palatine of Chester, Lancaster, or Durham respectively,..
4. If the goods exceed not the value of £50, landlords to have recourse to two justices. Provided always, that where the goods and chattels so fraudulently carried off or concealed shall not exceed the value of fifty pounds, it shall and may be lawful for the landlord or landlords from whose estate such goods or chattels were removed, his, her, or their bailiff, servant, or agent in his, her, or their behalf, to exhibit a complaint in writing against such offender or offenders before two or more justices of the peace of the same county, riding, or division of such county not being interested in the lands or tenements whence such goods were removed, who may summon the parties concerned, examine the fact, and all proper witnesses upon oath, . . . . and in a summary way determine whether such person or persons be guilty of the offence with which he or they are charged; and to enquire in like manner of the value of the goods and chattels
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Item 33
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