1987 Ed.]
Distress for Rent Act 1737
[App. IJA
and in convenient time to appraise, sell, or otherwise dispose of the same, towards satisfaction of the rent for which such distress shall have been taken, and of the charges of such distress, appraisement, and sale, in the same manner as other goods and chattels may be seized, distrained, and disposed of; and the appraisement thereof to be taken when cut, gathered, cured, and made, and not before.
9. Tenants to have notice of the place where the distress is lodged-Distress of corn, etc., to cease, if rent be paid before it be cut.-Provided always, that notice of the place where the goods and chattels so distrained shall be lodged or deposited shall, within the space of one week after the lodging or depositing thereof in such place, be given to such lessee or tenant, or left at the last place of his or her abode; and that if after any distress for arrears of rent so taken, of corn, grass, hops, roots, fruits, pulse, or other product which shall be growing as aforesaid and at any time before the same shall be ripe and cut, cured, or gathered, the tenant or lessee, his or her executors, administrators, or assigns, shall pay or cause to be paid to the lessor or landlord, lessors or landlords, for whom such distress shall be taken, or to the steward or other person, usually employed to receive the rents of such lessor or lessors, landlord or landlords, the whole rent which shall be then in arrear, together with the full costs and charges of making such distress and which shall have been occasioned thereby, that then and upon such payment or lawful tender thereof actually made, whereby the end of such distress will be fully answered, the same, and every part thereof shall cease, and the corn, grass, hops, roots, fruits, pulse, or other product so distrained, shall be delivered up to the lessee or tenant, his or her executors, administrators, or assigns, anything hereinbefore contained to the contrary notwithstanding.
10. Distresses may be secured, and sold on the premises.---And whereas great difficulties and inconveniences frequently arise to landlords and lessors and other persons taking distresses for rent, in removing the goods and chattels or stock distrained off the premises, in cases where by law they may not be impounded and secured thereupon, and also to the tenants themselves many times, by the damage unavoidably done to such goods and chattels or stock in the removal thereof: Be it enacted by the authority aforesaid, that from and after the said twenty-fourth day of June one thousand seven hundred and thirty-eight, it shall and may be lawful to and for any person or persons lawfully taking any distress for any kind of rent, to impound or otherwise secure the distress so made, of what nature or kind soever it may be, in such place or on such part of the premises chargeable with the rent as shall be most fit and convenient for the impounding and securing such distress, and to appraise, sell, and dispose of the same upon the premises in like manner and under the like directions and restraints to all intents and purposes as any person taking a distress for rent may now do off the premises by virtue of an Act made in the second year of the reign of King William and Queen Mary, intituled “An Act for enabling the
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Item 33
1987 Ed.]
Distress for Rent Act 1737
[App. IJA
and in convenient time to appraise, sell, or otherwise dispose of the same, towards satisfaction of the rent for which such distress shall have been taken, and of the charges of such distress, appraisement, and sale, in the same manner as other goods and chattels may be seized, distrained, and disposed of; and the appraisement thereof to be taken when cut, gathered, cured, and made, and not before.
9. Tenants to have notice of the place where the distress is lodged-Distress of corn, etc., to cease, if rent be paid before it be cut.-Provided always, that notice of the place where the goods and chattels so distrained shall be lodged or deposited shall, within the space of one week after the lodging or depositing thereof in such place, be given to such lessee or tenant, or left at the last place of his or her abode; and that if after any distress for arrears of rent so taken, of corn, grass, hops, roots, fruits, pulse, or other product which shall be growing as aforesaid and at any time before the same shall be ripe and cut, cured, or gathered, the tenant or lessee, his or her executors, administrators, or assigns, shall pay or cause to be paid to the lessor or landlord, lessors or landlords, for whom such distress shall be taken, or to the steward or other person, usually imployed to receive the rents of such lessor or lessors, landlord of landlords, the whole rent which shall be then in arrear, together with the full costs and charges of making such distress and which shall have been occasioned thereby, that then and upon such payment or lawful tender thereof actually made, whereby the end of such distress will be fully answered, the same, and every part thereof shall cease, and the corn, grass, hops, roots, fruits, pulse, or other product so distrained, shall be delivered up to the lessee or tenant, his or her executors, administrators, or assigns, any thing herein before con- tained to the contrary notwithstanding.
10. Distresses may be secured, and sold on the premisses.---And whereas great difficulties and inconveniences frequently arise to landlords and lessors and other persons taking distresses for rent, in removing the goods and chattels or stock distrained off the premisses, in cases where by law they may not be impounded and secured thereupon, and also to the tenants themselves many times, by the damage unavoidably done to such goods and chattels or stock in the removal thereof: Be it enacted by the authority aforesaid, that from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, it shall and may be lawful to and for any person or persons lawfully taking any distress for any kind of rent, to impound or otherwise secure the distress so made, of what nature or kind soever it may be, in such place or on such part of the premisses chargeable with the rent as shall be most fit and con- venient for the impounding and securing such distress, and to appraise, sell, and dispose of the same upon the premisses in like manner and under the like directions and restraints to all intents and purposes as any person taking a distress for rent may now do off the premisses by virtue of an Act made in the second year of the reign of King William and Queen Mary, intituled “An Act for enabling the
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Item 33
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