Page:Halsbury Laws of England v1 1907.pdf/477

 —

— Part

IV.

Distress and Execution.

255

the tenant can only recover against the landlord nominal damages unless he can show actual damage (1) .

537. When a sheriff has under an execution sold crops or produce on a farm subject to an agreement to expend the same on the land (m), the landlord of the farm may not distrain on any corn, hay, straw, or produce thereof which at the time of the sale was severed from the soil and sold subject to the agreement, nor on any turnips sold, whether drawn or not, nor on any horses, sheep, cattle, carts or implements of husbandry on the land employed or kept by any persons for the purpose of carrying or consuming such corn etc. or produce according to the agreement (n).

Sect.

3.

Growing Crops Sale

by

sherifE subject

to agreement.

538. As to gT'owing crops, however, seized under an execution Growing and sold by the sheriff or other officer, such crops, so long as they crops sold and remain on the farm or lands, are liable in default of sufficient not removed. distress of the ^>-oods and chattels of the tenant to the rent which may accrue and become due to the landlord after any such seizure and sale, and to the remedies by distress for recovery of such rent, notwithstanding any sale and assignment of such crops by the sheriff

(o)

.

tenant be under a covenant not to sell hay, straw, or Where tenant the farm, a landlord distraining may not sell such hay, agrees not to sell crops, straw, or crops at a consuming price, but must sell them at the best landlord distraining must market price obtainable, and is liable in damages if he do not (p).

539.

crops

If a

oft^

sell

Sect.

4.

Amount which may

he Distrained Jor.

may

be distrained for may not in an}^ case exceed six years' arrears {q). In the case of an agricultural holding, however, the landlord may not distrain for rent which became due more than one year before

540. The arrears

of rent

which

at best

price.

Six years' rent in ordinary cases.

One year's the making of the distress. But where, according to the ordinary rent in case of course of dealing between the landlord and tenant of a holding, the agricultural holdings. payment of the rent has been allowed to be deferred until the expiration of a quarter of a year or half a year after the date at which such rent lec^ally became due, then for the purpose of distress the rent of the holding is deemed to have become due at the expiration of such quarter or half year as the case may be, and not at the date at which it legally became due (r). The reference to the expiration of a quarter or half year must be construed as referring only to the exact period of a quarter or half year, not to any indefinite period after a quarter or half year(s). Where rent is customarily payable a quarter or half year after it Where rent is legally due, the landlord is entitled to distrain for rent legally due ordinarily payable after

Froudlove v. Twemlow (1833), 1 0. & M. 326. (m) Under the Sale of Farmmg Stock Act, 1816 (56 Geo.

it is

{!)

post ; as to (n) Ibid.

which s.

3, c. 50), s. 3, p.

see also title Distress.

6.

(o) Landlord and Tenant Act, 1851 (14 & 15 Vict. c. 25), s. 2. (p) Ridgivay v. Stafford (1851), 6 Exch. 404. (?) Eeal Property Limitation Act, 1833 (3 & 4 "Will. 4, c. 27), s. 42. (r) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61 s. 44. (s) See Garrard v. Meek (1880), 50 L. J. (c. P.) 187.

258,

due.