28
Item 33
App. IIA]
Distress for Rent Act 1737
[1987 Ed.
then the said justices may put the landlord or landlords, lessor or lessors into the possession of the said demised premises, and the lease thereof to such tenant, as to any demise therein contained only, shall from thenceforth become void.
18. Tenants holding premises after the time they notify for quitting them, to pay double rent from such time. And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premises by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same: Be it further enacted by the authority aforesaid, that from and after the said twenty-fourth day of June one thousand seven hundred and thirty-eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premises by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.
19. Distresses for rent not unlawful, etc., for any irregularity in the disposition of them.-And whereas it hath sometimes happened that upon a distress made for rent justly due, the directions of the Statute made in the second year of the reign of King William and Queen Mary, intituled "An Act for enabling the sale of goods distrained for rent, in case the rent be not paid in a reasonable time," have not been strictly pursued, but through the mistake or inadvertency of the landlord or other person entitled to such rent, and distraining for the same, or of the bailiff or agent of such landlord or other person, some irregularity or tortious act hath been afterwards done in the disposition of the distress so seized or taken as aforesaid, for which irregularity or tortious act the party distraining hath been deemed a trespasser ab initio, and in an action brought against him as such, the plaintiff hath been entitled to recover, and has actually recovered the full value of the rent for which such distress was taken: And whereas it is a very great hardship upon landlords and other persons entitled to rents, that a distress duly made should be thus in effect avoided for any subsequent irregularity: Be it enacted by the authority aforesaid, that from and after the said twenty-fourth day of June in the year of our Lord one thousand seven hundred and thirty-eight, where any distress shall be made for any kind of rent justly due, and any irregularity or unlawful act shall be afterwards done by the party or parties distraining, or by his, her, or their agents, the distress itself
28
Item 33
App. IIA]
Distress for Rent Act 1737
[1987 Ed.
then the said justices may put the landlord or landlords, lessor or lessors into the possession of the said demised premisses, and the lease thereof to such tenant, as to any demise therein contained only, shall from thenceforth become void.
18. Tenants holding premisses after the time they notify for quitting them, to pay double rent from such time. And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refuseing to deliver up the possession when the landlord hath agreed with another tenant for the same: Be it further enacted by the authority aforesaid, that from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, in case any tenant or tenants shall give notice of his, her, or their intention to quit the premisses by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforward pay to the landlord or landlords, lessor or lessors, double the rent or sum which he, she, or they should otherwise have paid, to be levied, sued for, and recovered at the same times and in the same manner as the single rent or sum, before the giving such notice, could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid during all the time such tenant or tenants shall continue in possession as aforesaid.
19. Distresses for rent not unlawful, etc., for any irregularity in the disposition of them.-And whereas it hath sometimes happened that upon a distress made for rent justly due, the directions of the Statute made in the second year of the reign of King William and Queen Mary, intituled "An Act for enabling the sale "of goods distrained for rent, in case the rent be not paid in a "reasonable time," have not been strictly pursued, but through the mistake or inadvertency of the landlord or other person intituled to such rent, and distraining for the same, or of the bailiff or agent of such landlord or other person, some irregularity or tortious act hath been afterwards done in the disposition of the distress so seized or taken as aforesaid, for which irregularity or tortious act the party dis- training hath been deemed a trespasser ab initio, and in an action brought against him as such, the plaintiff hath been intitled to recover, and has actually recovered the full value of the rent for which such distress was taken: And whereas it is a very great hardship upon landlords and other persons intitled to rents, that a distress duly made should be thus in effect avoided for any sub- sequent irregularity: Be it enacted by the authority aforesaid, that from and after the said twenty fourth day of June in the year of our Lord one thousand seven hundred and thirty eight, where any distress shall be made for any kind of rent justly due, and any irregularity or unlawful act shall be afterwards done by the party or parties distraining, or by his, her, or their agents, the distress itself
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