Page:Ruffhead - The Statutes at Large - vol 6.djvu/360

 298 C. 19. Anno tmdecimo Georgii 'II. A. D. 1738. andmaydiftrain VIII. And be it further enacted by the Authority aforefaid, That from and after the faid twenty. St °th Preni^is f°- :rtn ^ a Y °' r J u " e wmc h 'hall be in the Year of our Lord one thoufand feven hundred and thirty, for Arrears of ' eight, it 'ball and may be lawful to and for every Leflbr or Landlord, LeiTors or Landlords, or his Rent. her or their Steward, Bailiff, Receiver, or other Peribn or Perfons impowered by him, her or them' to take and feize, as a Diftrefs for Arrears of Rent, any Cattle or Stock of their refpective Tenant or Tenants, feeding or depasturing upon any Common, appendant or appurtenant, or any ways be- longing to all or any Part of the Premiifes demifed or holden ; and alfo to take and Seize all Sorts of Corn and Grafs, Hops, Roots, Fruits, Pulfe, or other Product whatfoever, which (hall be growing on any Part of the Eftates fo demifed or holden, as a Diftrefs for Arrears of Rent; and the lame to cut, gather, make, cure, carry and lay up, when ripe, in the Barns, or other proper Place on the PremilTes fo demifed or holden; and in cafe there mail be no Barn or proper Place ou the PremilTes fo demifed or holden, then in any other Barn or proper Place which fuch LciTor or Landlord, Leflbrs or Landlords lhall hire or otherwife procure for that Purpofe, and as near as may be to the PremilTes ; and in convenient Time to appraife, fell or otherwife difpofe of the fame, towards Satisfaction of the Rent for which fuch Diftrefs (hall have been taken, and of the Charges of fuch Diftrefs, Appraifement and Sale, in the fame Manner as other Goods and Chattels may 'be feized, distrained and difpoled of; and the Appraifement thereof to be taken when cut, gathered, cured, and made, and not before. Tenants to have IX. Provided always, That Notice of the Place where the Goods and Chatties fo diftrained (hall Notice of the ]-, e lodged or deposited, fhall, within the Space of one Week after the lodging or depositing there- of ftrefeiHodg- 6 0§> in fucli Place, be. given to fuch LelTee or Tenant, or left at the laft Place of his or her Abode; ed. ' and that if after any Diftrefs for Arrears of Rent fo taken, of Corn, Grafs, Hops, Roots, Fruits, Diftrefs of Com, Pulfe, or other Product, which (hall be growing as aforefaid, and at any Time before the fame (hall ■i-c to ceafe, if be ripe and cut, cured or gathered, the Tenant or LelTee, his or her Executors, Adminiftrators or kefor- b? t 1 b aKl t Affigns, (hall pay, or caufe to be paid to the Leflbr or Landlord, LeiTors or Landlords, for whom is it ecu • £ uc j 1 t diftrefs lhall be taken, or to the Steward or other Perfon ufually employed to receive the Rent of fuch Leflbr or Leflbrs, Landlord or Landlords, the whole Rent which (hall be then in Arrear, together with the full Cofts and Charges of making fuch Diftrefs, and which (hall' have been occa- sioned thereby ; that then, and upon fuch Payment, or lawful Tender thereof actually made, where- by the End of fuch Diftrefs will be fully anfwered, the fame and every Part thereof Shall ceafe; and the Corn, Grafs, Hops, Roots, Fruits, Pulfe, or other Product fo diftrained, (hall be delivered up to the Leflee or Tenant, his or her Executors, Adminifti„tors or Afligns ; any Thing herein before contained to the confary notwithstanding. ' X. And whereas great Difficulties and Inconveniencies frequently arife to Landlords and Leflbrs ' and other Perfons taking Diftrefles for Rent, in removing the Goods and Chattels or Stock <&- ' Strained off the Premifles, in Cafes where by Law they may not be impounded and fecured there- c upon ; and alfo to the Tenants themfelves many Times, by the Damage unavoidably done to fuch ' Goods and Chatties, or Stock, in the Removal thereof;' Be it enacted by the Authority aforefaid, Diftrefles mny be That from and after the faid twenty-fourth Day of 'fime one thoufand feven hundred and thirty- fecured, and fold eight, it Shall and may be lawful to and for any Peflbn or Perfons lawfully taking any Diftrefs for onthePretni- an ^ f£j n( i f Rent, to impound, or otherwife fecure the Diftrefs fo made, of what Nature or Kind foever it may be, in fuch Place, or on fuch Part of the PremiSTes chargeable with the Rent, as Shall be molt fit and convenient for the impounding and fecuring ' fuch Diftrefs ; and to appraife, fell and difpofe of the fame upon the PremiSTes, in like Manner, and under the like Directions and Reftraints to all Intents and Purpofes, as any Perfon taking a Diltrefs for Rent may now do off the jW, & M. c. 5. Premifles, by virtue of an Act made in the fecond Year of the Reign of King William and Queen Mary, intituled, An Aft for enabling the Sale of Goods dijl rained for Rent, in cafe the Rent be net 4 Geo. 1. c as. paid in a reafonable Time; or of one other Act made in the fourth Year of his pfefent Majefty, in- tituled, An Aft for the more effeftual preventing Frauds committed by Tenants, and for the more eafy Re- covery of Rents, and Rennual of Leafes ; and that it (hall and may be lawful to and for any Perfon or Perlons whatfoever, to come and go to and from fuch Place or Part of the faid PremilTes, where any Diftrefs for Rent Shall be impounded and fecured as aforefaid, in order to view, appraife and buy, and alfo in order to carry off or remove the fame, on account of the Purchafer thereof; and that if any Pound-breach or Refcous (hall be made of any Goods and Chattels, or Stock diftrained for Rent, and impounded or otherwife fecured by virtue of this Act, the Perfon or Perfons aggriev- ed thereby fhall have the like Remedy, as in Cafes of Pound-breach or Refcous is given and pro- vided by the faid Statute. ' XI. And whereas the Poflefflon of Eftates in Lands, Tenements and Hereditaments is rendered ' very precarious by the frequent and fraudulent Practice of Tenants, in attorning to Strangers, who ' claim Title to the Eftates of their refpective Landlord or Landlords, Leflbr or Leflbrs, who by that ' Means are turned out of Poflefflon of their refpective Eftates, and put to the Difficulty and Expence ' of recovering the Poflefflon thereof by Actions or Suits at Law ;' For Remedy thereof, be it en- Attornment of ai ^ e d by the Authority aforefaid, That from and after the faid twenty-fourth Day of June in the Tenants', void. Year of our Lord one thoufand feven hundred and thirty-eight, all and every fuch Attornment and Attornments of any Tenant or Tenants of any MelTuages, Lands, Tenements or Hereditaments, within that Part of Great Britain called England, Dominion of JVales, or Town of Berwick upm Tweed, lhall be. abfolutely null and void to all Intents and Purposes whatfoever ; and the PolTeffion of their refpective Landlord or Landlords, Leflbr or Leffors, (hall not be deemed or construed to be any wife changed, altered or affected by any fuch Attornment or Attornments : Provided always, That