Page:Ruffhead - The Statutes at Large - vol 6.djvu/359

 A. D. 1738. Anno undecimo Georgh II. C. J9, 297 .fuch Goods or Chattels 'as aforefaid, to take and feize fucli Goods and Chattels, wherever the fame fhalf Joe found, as a Diftrefs for the faid Arrears of Rent ; and the fame to fell, or otherwise difpofe of, in fuch Manner as if the faid Goods and Chattels had actually been diftrained hy fuch Leffor or Landlord, Leffors or Landlords, in and upon fuch Premiffes for fuch Arrears of Rent ; any Law, Cuflom, or XJfage to the contrary in any wife notwithftanding. II. Provided always, That no Landlord or Leffor, or other .Perfon intitled to fuch Arrears of Rent, unlefs fold to fhall' take or feize any fuch Goods or Chattels as a Diftrefs for the fame, which (hall be fold bona fide, 2&f£ f 3^ no * and for a Valuable Confederation, before fuch Seizure made, to any Perfon or Perfons not privy to Fraud. fuch Fraud as aforefaid ; any thing herein contained to the contrary notwithftanding. III. And to deter Tenants from fuch fraudulent conveying away their Goods and Chattels, and others penalty on riw from wilfully aiding or affifting therein, or concealing the fame; Beit further enacted by the Authority r.nd Fraud, or aforefaid, That from and after the faid twenty-fourth Day of June, if any fuch Tenant or Leffee lhall j»ffift'» 6 *<-'»-- fraudulently remove and convey away his or her Goods or Chattels as aforefaid, or if any Perfon or Perfons fliall wilfully and knowingly aid or affift any fuch Tenant or Leffcc in fuch fraudulent convey- ing away or carrying off of any Part of his or her Goods or t Chattels, or in concealing the fame; all aiul every Perfon and Perfons fo offending fliall forfeit and pay to the Landlord or Landlords, Leffor or Leffors, from whofe Eftate fuch Goods and Chattels were fraudulently carried off as aforefaid, double the Value of the Goods by him, her, or them refpeclively carried off or concealed as aforefaid ; to be recovered by Action of Debt in any of his Majefty's Courts of Record at IVeJlminJier, or in the Courts of Seffion in the Counties Palatine of Chefter, Lancajler, or Durham refpeclively, or in the Courts of Grand Seflions in Wales; wherein no Eflbin, Protection, or Wager of Law fliall be allowed, nor more than one Imparlance. IV. Provided always, and be it enacted by the Authority aforefaid, That where the Goods and Chat- if the Good; tels fo fraudulently carried off or concealed fliall not exceed the Value of fifty Pounds, it fhall and may exceed not the be lawful for the Landlord or Landlords, from whofe Eftate fuch Goods or Chattels were removed, his, Landlords 5 to' her, or their Bailiff, Servant, or Agent, in his, her or their Behalf, to exhibit a Complaint in Writing have Reccurfe againft fuch Offender or Offenders, before two or more Juftices of the Peace of the fame County, w 2 Jurtices. Riding, or Divifion of fuch County, refiding near the Place whence fuch Goods and Chattels were re- moved, or near the Place where the fame were found, not being interefted in the Lands or Tenements whence fuch Goods were removed ; who may fummon the Parties concerned, examine the Fact, and all proper Witnefles, upon Oath, or if any fuch itnefs be one of the People called Quakers, upon Affirmation required by Law ; and in a fummary Way determine, whether fuch Perfon or Perfons be guilty of the Offence, with which he or they are charged ; and to enquire in like Manner of the Value of the Goods and Chattels by him, her or them respectively fo fraudulently carried off or concealed as aforefaid ; and, upon full Proof of the Offence, by Order under their Hands and Seals, the faid Ju- ftices of Peace may and fhall adjudge the Offender or Offenders to pay double the Value of the faid Goods and Chattels to fuch Landlord or Landlords, his, her, or their Bailiff, Servant, or Agent, at fuch Time as the faid Juftices fhall appoint : And in cafe the Offender or Offenders, having Notice of fuch Order, fhall refufe or neglect fo to do, may and fhall, by Warrant under their Hands and Seals, levy the fame by Diftrefs and Sale of the Goods and Chattels of the Offender or Offenders ; and for want of fuch Diftrefs, may commit the Offender or Offenders to the Houfe of Correction, there to be kept to hard Labour without Bail or Mainprize for the Space of fix Months, unlefs the Money fo ordered to be paid as aforefaid fhall be fooner fatisfied. V. Provided alfo, That it fhall and may be lawful for any Perfon, who thinks himfelf aggrieved by Appeal from fuch Order of the faid two Juftices, to appeal to the Juftices of Peace at their next General or Quarter them to the Seflions to be held for the fame County, Riding or Divifion of fuch County, who may and ihall hear Qii a "er-Sef- and determine fuch Appeal, and give fuch Colts to either Party as they lhall think reafonable, whofe Determination therein fliall be final. VI. Provided alfo, That where the Party appealing fliall enter into a Recognizance with one or two The 2 Juftices fufficient Surety or Sureties in double the Sum fo ordered to be paid, with Condition to appear at fuch Order, on fuch General or Quarter Seflions, the Order of the faid two Juftices fliall not be executed againft him in be P Jxecuted. ° the mean Time. VII. And be it further enacted by the Authority aforefaid, That where any Goods or Chattels frau- Landlords may dulently or clandeftinely conveyed or carried away by any Tenant or Tenants, Leffee or. Leflees, his, h real r °? e "- ■ ' 1 • c r> 'a a ' ■ • 1/ n t -nr • i- /7-o- 1 Houfes to teize her, or their Servant or Servants, Agent or Agents, or other Perlon or Perfons aiding or aflifhng there- Goods fraudu- in, fhall be put, placed, or kept in any Houfe, Barn, Stable, Out-houfe, Yard, Clofe or Place locked lemiy fecured up, faftened, or otherwife fecured, fo as to prevent fuch Goods or Chattels from being taken and feized therem > as a Diftrefs for Arrears of Rent ; it lhall and may be lawful for the Landlord or Landlords, Leffor or Leffors, his, her or their Steward, Bailiff, Receiver or other Perfon or Perfons impowered to take and feize, as a Diftrefs for Rent, fuch Goods and Chattels (firft calling to his, her, or their Affiftance the Conftab'e, Headborough, Borfholder, or other Peace Officer of the Hundred, Borough, Parifb, Di- ftritt or Place, where the fame fliall be fufpected to be concealed, who are hereby required to aid and aflift therein; and in cafe of a Dwelling-houfe Oath being alfo firft made before fome Juftice of the Peace of a reafonable Ground to fufpeet that fuch Goods or Chatties are therein) in the Day- time, to break open and enter into fuch Houfe, Barn, Stable, Out-houfe, Yard, Clofe, and Place, and to take and feize fuch Goods and Chatties for the faid Arrears of Rent, as he, fhe or they might have done by virtue of this or any former Act, if fuch Goods and Chattels had been put in anv open Field or Place. Vol. VI. Q^q. VIII. And