Page:Halsbury Laws of England v1 1907.pdf/475

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Part

IV.

Distress and Execution.

landlord has a right to immediately available {n).

those

subjects

of

distress

253

which

are

Sect.

1.

Things

Cattle of a stranger escaping into another's land by breaking Privileged from fences in good repair, or through defect of fences which the Distress. owner or occupier of the land is not bound to repair, are distrainable for rent (o) but if they escape into such land without their Escaping owner's knowledge through defect of fences which the owner or cattle. occupier of the land ought to repair, they are not distrainable until they have been on the land for a day and a night and actual notice has been given to their owner and he has neglected to remove

down



them

ip).

533. In addition to the things mentioned above, the following things are absolutely privileged from distress for rent in arrear upon an agricultural holding: (1) agricultural or other machinery which is the property of a person other than the tenant and is on the holding under a bond fide agreement with him for the hire or use thereof in the conduct of his business (2) live stock of all kinds (which includes any animal capable of being distrained {q) ) which is the bond fide property of a person other than the tenant and is on the holding solely for breeding purposes (?•)•

—

Special privilege on agricultural holdings.



534. Live stock belonging to another person which has been taken Live stock by the tenant of an agricultural holding to be fed at a fair price (s) ^^^^ is privileged from distress for rent when there is other sufficient distress to be found if such live stock be distrained by reason of other sufficient distress not being found, there cannot be recovered by such distress a sum exceeding the price agreed to be paid for the feeding, or any part thereof which remains unpaid. The owner of the stock may, at any time before it is sold, redeem the stock by paying to the distrainer such unpaid price, which will be in full discharge as against the tenant of any sum of the like amount which would be otherwise due from the owner of the stock to the in



tenant in respect of the price of the feeding. Any portion of the stock, so long as it remains on the holding, continues liable to be distrained for the amount for which the whole of the stock is distrainable

A

{t).

landlord

who

is

an assenting party to the sale by his tenant on part of the farm on condition that the

of {inter alia) the eatage

rent in arrear shall be paid out of the proceeds of the sale, is not entitled to distrain on the purchaser's cattle which are

consuming {71)

(o) (_p)

(?) (r)

it {u).

Pigqott V. Births (1836), 1 Co. Litt. 47 b.

M. & W.

441.

Ktm'pe V. Crews (1684), 1 Ld. Eaym. 167. Agricultural Holdings Act, 1883 (46 & 47 Vict. Ibid.,

s.

c. 61), s.

61.

45.

(s) This need not be money; it may be, e.g., " milk for meat," see London and Yorkshire Bank v. Belton (1885), 15 Q. B. D. 457. Cattle on land under an agreement by which the tenant agrees to allow the owner of the stock " the exclusive right to feed the grass on land for four weeks " for a payment of £2 are not "taken in to be fed at a fair price" {Masters v. Green (1888), 20 Q. B. D. 807). {t) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 45.

{u)

Horsford

v. Webster (1835), 1 C.

M. & K.

696.