Page:Ruffhead - The Statutes at Large - vol 6.djvu/130

 68 C. 28. Anno quarto Georgii II. A. D. 1731. thereof, which Service or Affixing fuch Declaration in Ejectment, (hall ftand in the Place and Stead of a Demand and Re-entry ; and in cafe of Judgment againft the cafual Ejector, or Nonfuit for not confeffing Leafe, Entry and Oufter, it fhall be made appear to the Court where the laid Suit is depend- ing, by Affidavit, or be proved upon the Trial, in cafe the Defendant appears, that half a Year's Rent was due before the faid Declaration was .ferved, and that no fufficient Diftrefs was to be found on the demifed PremifTes, countervailing the Arrears then due, and that the LelTor or Leffors in Ejectment had When T.eflbr in Power to re-enter ; then and in every fuch cafe the Leflbr or Leflbrs in Ejectment (hall recover Judgment recover C judg- y an( * Execution, in the fame Manner as if the Rent in Arrear had been legally demanded, and a Re- msnt, &c. entry made ; and in cafe the Leffee or LeiTees, his, her or their Affignee or Alfignees, or other Perfon or Perfons claiming or deriving under the faid Leafes, (hall permit and fuffer Judgment to be had and: recovered on fuch Ejectment, and Execution to be executed thereon, without paying the Rent and Arrears, together with full Cofts, and without filing any Bill or Bills for Relief in Equity, within fix Calendar Months after fuch Execution executed ; then and in fuch cafe the faid Leffee or LeiTees, his,, her or their Affignee or Aiiignees, and all other Perfons claiming and deriving under the faid_ Leafe, mail be barred and foreclofed from all Relief or Remedy in Lav/ or Equity, other than by Writ of Error, for Reverlal of fuch Judgment, in cafe the fame ihall be erroneous, and the faid Landlord or LelTor fhall from thenceforth hold the faid demifed PremifTes discharged from fuch Leafe; and if on fuch Ejectment. Verdict mall pafs for the Defendant or Defendants, or the Plaintiff or Plaintiffs fhall be nonfuited. therein, except for the Defendant or Defendants not confeffing Leafe, Entry and Oufter, then in every fuch cafe fuch Defendant or Defendants lhall have and recover his, her and their full Cofls : Provided Not to bar the always, That nothing herein contained lhall extend to bar the Right of any Mortgagee or Mortgagees Right of any of fuch Leafe, or any Part thereof, who fhall not be in PofTeffion, fo as fuch Mortgagee or Mortgagees Mortgagee. ft^i anc | ^ within fix Calendar Months after fuch Judgment obtained, and Execution executed, pay all Rent in Arrear, and all Cofts and Damages fuftained by fuch LelTor, Perfon or Perfons intitled to the. Remainder or Reverfion as aforefaid, and perform all the Covenants and Agreements, which on the. Part and Behalf of the firft Leffee or Leflees are and ought to be performed. Leflees filingBill III. And be it further enacted by the Authority aforefaid, That in cafe the faid Leffee or Leffees, his,, to have' 7 ' T' * ler or t ' le * r Affignee or Affignees, or other Perfon or Perfons claiming any Right, Title or Intereft, in junftionTgainft Law or Equity, of, in or to the faid Leafe, fhall, within the Time aforefaid, file one or more Bill or Proceeding at Bills, for Relief in any Court of Equity, fuch Perfon or Perfons (hall not have or continue any In- law, &c, junction, againft the Proceedings at Law on fuch Ejectment, unlefs he, file or they do or fhall, within forty Days next after a full and perfect Anfwer fhall be filed by the Leffor or Leffors^ of the Plaintiff in fuch Ejectment, bring into Court, and lodge with the proper Officer fuch Sum and Sums of Money as the Leffor or Leffors of the Plaintiff in the faid Ejectment lhall, in his, her or their Anfwer, fwear to be due and in Arrear, over and above all juft Allowances, and alio the Cofts taxed in the faid Suit, there to remain till the hearing of the Caufe, or to be paid out to the Leffor or Landlord on good Security, fubject to the Decree of the Court; and in cafe fuch Bill or Bills fhall be filed within the Time afore- faid, and after Execution is executed, the Leffor or Leffors of the Plaintiff fhall be accountable only for fo much and no more as he, fhe or they fhall really ixAbona fide without Fraud, Deceit or wilful Neg- lect, make of the demifed PremifTes from the Time of his, her or their ehtring into the actual Poffeffion thereof, and if what fhall be fo made by the Leffor or Leffors of the Plaintiff, happen to be lefs than the Rent referved on the faid Leafe, then the faid Leffee or Leffees, his, her or their Affignee or Affignees, before he, fhe or they fhall be reftored to his, her or their Poffeffion or Poffeffions, fhall pay fuch Leffor or Leffors, or Landlord or Landlords, what the Money fo by them made, fell (hort of the referved, Rent, for the Time fuch Leflbr or Leffors of the Plaintiff, Landlord or Landlords, held the faid Lands. Tenant paying IV. Provided always, and be it further enacted by the Authority aforefaid, That if the Tenant or Cofts Cn proceed Tenants, ^is, her or their Affignee or Affignees, do or fhall at any time before the Trial in fuch Eject- 'ingsw ceafe! ' ment 5 P a y or tender to the Leffor or Landlord, his Executors or Adminiftrators, or his, her or their Attorney in that Caufe, or pay into the Court where the fame Caufe is depending, all the Rent and Ar- rears, together with the Cofts, then and in fuch cafe, all further Proceedings on the faid Ejectment fhall ceafe and be difcontinued ; and if fuch Leffee or Leffees, his, her or their Executors, Adminiftra- tors or Afligns, lhall, upon fuch Bill filed as aforefaid, be relieved in Equity, he, fhe and they lhall have, hold and enjoy the demifed Lands, according to the Leafe thereof made, without any new Leafe to be thereof made to him, her or them. ' V. And whereas the Remedy for recovering Rents Seek, Rents of Affize and chief Rents, are tedi- Method of re- ' ous and difficult,' Be it therefore enacted by the Authority aforefaid, That from and after tiie twenty- dies Politick and Corporate, fhall and may have the like Remedy by Diftrefs, and by impounding and felling the fame, in cafes of Rents Seek, Rents of Affize and chief Rents, which have been duly an- fwered or paid for the Space of three Years, within the Space of twenty Years before the firft Day of this prefent Seflion of Parliament, or fhall be hereafter created, as in cafe of Rent referved upon Leafe; any Law or Ufage to the contrary notwithftanding. ' VI. And whereas many Perfons hold confiderable Eftates by Leafes for Lives or Years, and leafe- ' out the fame in Parcels to feveral Under Tenants : And whereas many of thole Leafes cannot by Lav/ ' be renewed without a Surrender of all the Under Leafes derived out of the fame, fo that it is in the ' Power of any fuch Under Tenants to prevent or delay the Renewing of the principal Leafe, by refufing Chief Leafes « to furrender their Under Leafes, notwithftanding they have covenanted fo to do, to the great Prejudice wi'thou/furren- ' °^ t * le ' r immediate Landlords the firft LeiTees :' For preventing fuch Inconveniencies, and for making dering ail the the renewal of Leafes more eafy for the future. Be it enacted by the Authority aforefaid, That in cafe Under Leafes. a any
 * °verinKSeelt fourth Day of Jwae one thoufand feven hundred and thirty-one, all and every Perfon or Perfons, Bo-