26
Item 33
Attornments of estates by tenants, void.
Exceptions.
App. IIA] Distress for Rent Act 1737 [1987 Ed.
sale of goods distrained for rent, in case the rent "be not paid in a reasonable time," or of one other Act made in the fourth year of his present Majesty, intituled “An Act for the more effectual preventing frauds committed by tenants, and for the more easy recovery of rents and renewal of leases”; and that it shall and may be lawful to and for any person or persons whatsoever to come and go to and from such place or part of the said premisses where any distress for rent shall be impounded and secured as aforesaid, in order to view, appraise, and buy, and also in order to carry off or remove the same on account of the purchaser thereof, and that if any pound-breach or rescous shall be made of any goods and chattels, or stock distrained for rent and impounded or otherwise secured by virtue of this Act, the person or persons aggrieved thereby shall have the like remedy as in cases of pound-breach or rescous is given and provided by the said Statute.
11. AND whereas the possession of estates in lands, tenements, and hereditaments is rendered very precarious by the frequent and fraudulent practice of tenants in attorning to strangers who claim title to the estates of their respective landlord or landlords, lessor or lessors, who by that means are turned out of possession of their respective estates and put to the difficulty and expense of recovering the possession thereof by actions or suits at law: For remedy thereof.... from and after the said twenty fourth day of June in the year of our Lord one thousand seven hundred and thirty eight, all and every such attornment and attornments of any tenant or tenants of any messuages, lands, tenements, or hereditaments within that part of Great Britain called England, dominion of Wales, or town of Berwick upon Tweed, shall be absolutely null and void to all intents and purposes whatsoever; and the possession of their respective landlord or landlords, lessor or lessors, shall not be deemed or construed to be any wise changed, altered, or affected by any such attornment or attornments: Provided always, that nothing herein contained shall extend to vacate or effect any attornment made pursuant to, and in consequence of some judgment at law, or decree or order of a court of equity, or made with the privity and consent of the landlord or landlords, or lessor or lessors, or to any mortgagee after the mortgage is become forfeited. [Extracted from The Statutes Revised (2nd edition, 1889), Vol. II, p. 110]
14. Rents how to be recovered, where the demises are not by deed. And to obviate some difficulties that many times occur in the recovery of rents where the demises are not by deed. . . . from and after the said twenty fourth day of June it shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendents in an action on the case for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parol demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered.
26
Item 33
Attornments of estates by tenants, void.
Exceptions.
App. IIA]
Distress for Rent Act 1737
[1987 Ed.
sale of goods distrained for rent, in case the rent "be not paid in a reasonable time," or of one other Act made in the fourth year of his present Majesty, intituled “An Act for the more effectual "prevent- ing frauds committed by tenants, and for the more easy recovery "of rents and renewal of leases"; and that it shall and may be lawful to and for any person or persons whatsoever to come and go to and from such place or part of the said premisses where any distress for rent shall be impounded and secured as aforesaid, in order to view, appraise, and buy, and also in order to carry off or remove the same on account of the purchaser thereof, and that if any pound-breach or rescous shall be made of any goods and chattels, or stock distrained for rent and impounded or otherwise secured by virtue of this Act, the person or persons aggrieved thereby shall have the like remedy as in cases of pound-breach or rescous is given and provided by the said Statute.
11. AND whereas the possession of estates in lands, tenements, and hereditaments is rendered very precarious by the frequent and fraudulent practice of tenants in attorning to strangers who claim title to the estates of their respective landlord or landlords, lessor or lessors, who by that means are turned out of possession of their respective estates and put to the difficulty and expense of recovering the possession thereof by actions or suits at law: For remedy thereof.... from and after the said twenty fourth day of June in the year of our Lord one thousand seven hundred and thirty eight, all and every such attornment and attornments of any tenant or tenants of any messuages, lands, tenements, or hereditaments within that part of Great Britain called England, dominion of Wales, or town of Berwick upon Tweed, shall be absolutely null and void to all intents and purposes whatsoever; and the possession of their respective landlord or landlords, lessor or lessors, shall not be deemed or construed to be any wise changed, altered, or affected by any such attornment or attornments: Provided always, that nothing herein contained shall extend to vacate or effect any attornment made pursuant to, and in consequence of some judgment at law, or decree or order of a court of equity, or made with the privity and consent of the landlord or landlords, or lessor or lessors, or to any mortgagee after the mortgage is become forfeited. [Extracted from The Statutes Revised (2nd edition, 1889), Vol. II, p. 110]
14. Rents how to be recovered, where the demises are not by deed. And to obviate some difficulties that many times occur in the recovery of rents where the demises are not by deed. . . . from and after the said twenty fourth day of June it shall and may be lawful to and for the landlord or landlords, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendents in an action on the case for the use and occupation of what was so held or enjoyed; and if in evidence on the trial of such action any parol demise, or any agreement (not being by deed) whereon a certain rent was reserved, shall appear, the plaintiff in such action shall not therefore be non-suited, but may make use thereof as an evidence of the quantum of the damages to be recovered.
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