Page:Ruffhead - The Statutes at Large - vol 6.djvu/361

 A. D. 1738. Anno undecimo Georgii II. C. iq. 299 That nothing herein contained (hall extend to vacate or a fie ft any Attornment made purfuanr to Exception, and in confequence of fome Judgment at Law, or Decree or Order of a Court of Equity, or mad; with the Privity and Confent of the Landlord or Landlords, Leflbr or Leflbrs, or to any Alortga-e : alter the Mortgage is become forfeited. ' Xll. And whereas great Inconveniencics have frequently happened to Landlords by their Tenants ' fecreting Declarations in Ejectment, which have been delivered to them, or by refuting to appear further enacted by the Authority aforefaid, That from and after the laid twenty-fourth Day of June At™r.rir<™n:» one thoufand feven hundred and thirty-eight, every Tenant,' to whom any Declaration in Ejectment ^ r | ^' H ,J ' a " (hall be delivered for any Lands, Tenements or Hereditaments, in that Part of Great Britain called England, Dominion of Wales, or Town of Berwick upon Tweed, (hall forthwith give Notice thereof
 * to fuch Ejectments, or to fuffer their Landlords to take upon them the Defence thereof;' Be it
 * to his or her Landlord or Landlords, or his, her or their Bailiff or Receiver, under Penalty, of

forfeiting the Value of three Years improved or Rack Rent of the Premifl'es fo demifed or holdcn in the Pofleflion of fuch Tenant, to the Perfon of whom he or (lie holds ; to be recovered by Action of Debt to be brought in any of his Majefty's Courts of Record at We/l/niu/ler, or in the Counties Palatine of Ckefler, Lamajler and Durham refpectively, or in the Courts' of Grand-feifions in Wales; wherein no Eifoin, Protection or Wager of Law (hall be allowed, nor any more than one Impar- lance. . . XIJI. And be it further enacted by the Authority aforefaid, That it (hall and may be lawful ^r™™™" the Court where fuch Ejectment fhall be brought, to fuffer the Landlord or Landlords to make ^ike fiWdf him, her or taemfelves Defendant or Defendants, by joining with the Tenant or Tenants, to whom Defendant W fuch Declaration in Ejectment (hall be delivered, in cafe he or they fhall appear; but in cafe fachi2^^ w ££ tl,e Tenant or Tenants ihall refufe or neglect to appear, Judgment (hall be figned againft the cafuai Ejector for want of fuch Appearance ; but if the Landlord or Landlords of any Part of the Lands, Tenements or Hereditaments, for which fuch Ejectment was brought, ihall deiire to appear by him- felf or themfelves, and confent to enter into the like Rule that by the Courfe of the Court the Tenant in Poffeffion in cafe he or (he had appeared ought to have done ; then the Court where fuch Ejectment (hall be brought (hall and may permit fuch Landlord or Landlords fo to do, and order a Stay of Execution upon fuch Judgment againft the cafuai Ejector, until they fhall make further Order therein. XIV. And to obviate fome Difficulties that many Times occur in the Recovery of Rents, where Rents *""' t0 be there Demifes are not by Deed, Be it further enacted by the Authority aforefaid, That from and wfiere the* De- after the faid twenty-fourth Day of June it fhall and may be lawful to and for the Landlord or miles are not by Landlords, where the Agreement is not by Deed, to recover a reafonable Satisfaction for the Lands, Deedi Tenements or Hereditaments, held or occupied by the Defendant or Defendants, in an Action on the Cafe, for the Ufe and Occupation of what was fo held or enjoyed ; and if in Evidence on the Trial of fuch Action any Parol Demife or any Agreement (not being by Deed) whereon a certain Rent was referved fhall appear, the Plaintiff in luch Action fhall not therefore be nonfuited, but may make ufe thereof as an Evidence of the Quantum of the Damages to be recovered. ' XV. And whereas where any Leffor or Landlord, having only an Eftate for Life in the Lands, ' Tenements or Hereditaments demifed, happens to die before or on the Day, on which any Rent ' is referved, or made payable, fuch Rent, or any Part thereof, is not by Law recoverable by the ' Executors or Adrniniftrators of fuch Leffor or Landlord ; nor is the Perfon in Reveriion entitled ' thereto, any other than for the Ufe and Occupation of fuch Lands, Tenements or Hereditaments, ' der-tenants, who thereby avoid paying any Thing for the fame ;' For Remedy whereof be it en- acted by the Authority aforefaid, That from and after the twenty-fourth Day of June one tfaoufandjkerifs recoref- feven hundred and thirty-eight, where any Tenant for Life Ihall happen to die before or on the je^nant l ' "" Day, on which any Rent was referved or made payable upon any Demife or Leafe of any Lands, where Tenants Tenements or Hereditaments, which determined on the Death of fuch Tenant for Life, that the for Life d j e b °- Executors or Adrniniftrators of fueh Tenant for Life fhall and may in an Action on the Cafe re- ["'yabje. m '* cover of and from fuch Under-tenant or Under-tenants of fuch Lands, Tenements or Hereditaments, if fuch Tenant for Life die on the Day on which the fame was made payable the whole, or if before fuch Day then a Proportion, of fuch Rent according to the Time fuch Tenant for- Life lived,, of the laft Year, or Quarter of a Year, or other Time in which the faid Rent was growing due as aforefaid, making all juft Allowances or a proportionable Part thereof refpectively. ' XVI. And whereas Landlords are often great Sufferers by Tenants running away In Arrear, and ' not only fuffering the demifed Premifles to lie uncultivated without any Diftrefs thereon, whereby ' their Landlords or Leflbrs might be fatisfied for the Rent-arrear, but alfo refilling to deliver up ' the PofTefllon of the demifed Premifles, whereby the Landlords are put to the Expenee and De- ' lay of recovering in Ejectment ;' Be it further enacted by the Authority aforefaid, That from and Provifion for after the faid twenty-fourth Day of June one thoufand feven hundred and thirty-eight, if any Te- L nant holding any Lands, Tenemenrs or Hereditaments, at a Rack-rent, or where the Rent referved fhall be full three fourths of the yearly Value of the demifed Premifles, who ihall be in Arrear for one Year's Rent, (hall defert the demifed Premifles, and leave the fame uncultivated or unoccupied, fo as no fufficient Diftrefs can be had to countervail the Arrears of Rent; it fhall and may be Jaw- . ful to and for two or more Juftices of the Peace of the County, Riding, Diviiion or Place (having no Intereft in the demifed Premifles) at the Requeft of the Leffor or Landlord, Leflbrs or Land-' lords, or his, her or their Bailiff or Receiver, to go upon and view the fame, and to affix, orcaule. Q_q 2 j to where Ten:mts defert the Hi:- mirTts.
 * from the Death of the Tenant for Life ; of which Advantage hath been often taken by the Un-