Page:Halsbury Laws of England v1 1907.pdf/476

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— Agriculture.

254

Sect. 2. Sheaves and Ricks of Corn and Hay. Sect. 2. Sheaves and 535. Sheaves and cocks of corn were not distrainable at common Ricks of law on the ground that they could not be restored in the same Corn and plight (a) but by statute (5) persons having rent in arrear (c) may Hay. seize and secure any sheaves or cocks of corn, or corn loose or in the Sheaves and straw, or hay in any barn or granary, or upon any hovel, stack, or rick, ricks of com or elsewhere on the land, and lock up the same in the place where and hay. found until replevied. In default of replevy the same must be sold after appraisement at the expiration of five days, and until sale or replevy it must not be removed out of the place where it is found. But no appraisement need be made unless the tenant or owner of the goods by writing requires the same to be made (d).

Sect. Growing crops etc.

3.

Growing Crops.

536. A lessor or landlord may distrain any cattle or stock of the tenant feeding upon any common appendant or appurtenant or any ways belonging to the premises, and may seize all sorts of corn, grass, hops, roots, fruits, pulse, or other product growing on the premises as a distress for arrears of rent, and cut, gather etc. and lay up the same when ripe in barns on the premises, or if there be no barns on the premises, then in barns as near thereto as may be and in convenient time may appraise and sell (e) the same towards satisfaction of the rent and expenses, the appraisement thereof to be taken when cut, gathered, cured, and made, and not before (/). Notice of the place where the distress is lodged must be given to the tenant, and if the rent and expenses be paid or tendered after the taking of the distress, but before the crops etc. are ripe and cut, cured or gathered, the distress must be delivered up to the tenant (g). The right does not extend to trees, shrubs, and plants growing in a nursery ground these cannot be distrained (h) and the grantee of a rent-charge, not being a "lessor or landlord," cannot distrain upon growing crops unless a specific power to do so be inserted in the grant (i). Growing crops can only be sold after appraisement, which is not to be made until the crops are ripe, and a sale before that time is wholly void, and no action by the tenant lies in respect of it if the crops are not removed (k). If they are taken away by the purchaser,





(a)

iniso7i V. Bucket (1675), 2

Mod. Eep.

61.

Statute 2 W. & M., sess. 1, c. 5, s. 2. (c) InclTiding grantees of rent-charges (Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5 Johnson v. Faulhur (1842), 2 Q. B. 925). {d) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 50 now repealed and replaced by s. 5 of the Law of Distress Amendment Act, 1888 (51 & 52 {b)





Yict.

c.

21).

distress must in this case be sold, and cannot be retained as a pledge {Figgott V. Birtles (1836), 1 M. & W. at p. 448, jper Parke, B.). (/) Distress, for Eent Act, 1737 (11 Geo. 2, c. 19), s. 8. (e)

The

Ig)

Hid,, Clark

(A) (i)

{k)

s. 9.

Gaskarth (1818), 8 Taunt. 431. Miller v. Green (1831), 8 Bing. 92. Given v. Legh (1820), 3 B. & Aid. 470. v.