Page:Halsbury Laws of England v1 1907.pdf/479

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Part

IV.

—Distress

and Execution.

257

where there is a holding over of the whole premises, but applies where by the custom of the country the tenant remains in possession of the barns only for the purpose of stowing his way-going crop (I), And where the tenant remains in possession of part of the farm by permission of the landlord, the landlord may distrain on that part

When tress

Dis-

may

be made.

within the six months {m). But the landlord is not entitled to distrain if the tenant after holding over for a few^ days has quitted the premises after the entry of a new^ tenant, leaving some stock on the farm, but giving no intimation of a purpose to return or to continue the tenancy {n); nor where the landlord has agreed to let to the tenant part of the holding after the tenancy of the whole has determined, and the tenant remains in possession of that part (o). Sect.

6.

Bemecly for Wrongful Distress.

546. In addition to the ordinary remedies by action of trespass Remedy for or replevin in cases of unlawful distress, a special remedy exists wrongful where such distress is made upon an agricultural holding. In such a^riOTitural cases any dispute arising (1) in respect of any distress levied con- holding, trary to the provisions of the ^Agricultural Holdings Acts, or (2) as to the ownership of any live stock distrained upon, or as to the price to be paid for the feeding of that stock, or (3) as to any other matter or thing relating to a distress on an agricultural holding, may be determined by a county court or a court of summary jurisdiction. Such court may make an order for the restoration of any live stock or other things unlawfully distrained, or declare the price to be paid for feeding any live stock distrained, An appeal lies to or make any other order which justice requires. quarter sessions from any decision of a court of summary jurisdiction respecting such dispute (jj), and to the High Court from any such decision of a county court (q). Sect.

7.

Liability of

Growing Crops

etc.

to

Execution,

547. Growing fruit cannot be taken in execution under a fi. Ja. (r). At common produce and growing crops might at common law be taken in l^^execution and sold under a/. /ti., and were only subsequently liable to be distrained for rent if allowed to remain on the land an unreasonably long time. The rights of an execution creditor in this respect are now By statute, No sheriff or other officer may carry regulated by statute (s). off or sell from a farm any straw threshed or unthreshed, or straw of crops growing, chaff, colder, turnips, or manure in any case whatever nor any hay, grass, tares, vetches, roots or vegetables, being produce of such farm, in any case where, according to any

Farm



(0 Beavan v. Delahmj (1788),

1

H.

Bl. 5.

Staimtou (1825), 4 B. & 0. 51. (n) TayUrson v. Peters (1837), 7 A. & E. 110. (o) WilUnsoiiY. Peel, [1895] 1 Q. B. 516. (p) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 46. Iq) Hanmer v. King (1887), 57 L. T. 367. (r) Rodwell v. Phillips (1842), 9 M. & W. 501, 505, per Lord Abinger, O.B. (s) Sale of Farming Stock Act, 1816 (56 Geo. 3, c. 50). (w) Nuttall

H.L.

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I.

V.

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