Page:Ruffhead - The Statutes at Large - vol 6.djvu/362

 300 C. 19. Anno undccimo Georgii II. A. D. 1738. to be affixed, on the moft notorious Part of the PremifTes Notice in Writing, what Day (at the Di- stance of fourteen Days at leaft) they will return to take a Second View thereof; and if upon fuch iecond View the Tenant, or foine Perfon on his or her Behalf, (hall not appear, and pay the Rent in Arrear, or there fhall not be fufficient Diftrefs upon the PremifTes; then the faid Juftices may put the Landlord or Landlords, Leffor or LefTors, into the Poffeffion of the faid demifed PremifTes; and the Leafe thereof to fuch Tenant, as to any Demife therein contained only, fhall from thence- forth become void. Tenants may XVII. Provided always, That fuch Proceedings of the (aid Juftices fhall be examinable in a fum- jSakes? " 1 the maI T Wa y b V the next Juftice or Juftices of Affize of the refpective Counties, in which fuch Lands J ' or PremifTes lie; and if they lie in the City of London or County of Middle/ex, by the Judges of the Courts of King's Bench or Common Pleas; and if in the Counties Palatine of Chefler, Lancaftcr or Durham, then before the Judges thereof; and if in Wales, then before the Courts of Grand-fef- fions reflectively; who are hereby refpectively impowered to order Reftitution to be made to fuch Tenant, together with his or her Expences and Cofts, to be paid by the Leffor or Landlord, Leffors or Landlords, if they fhall fee Caufe for the fame; and in cafe they fhall affirm the Act of the faid Juftices, to award Cofts not exceeding five Pounds for the frivolous Appeal. ' XVIII. And whereas great Inconveniencies have happened, and may happen to Landlords, whofe ' Tenants have Power to determine their Leafes, by giving Notice to quit the PremifTes by them ' holden, and yet refufing to deliver up the Poffeffion, when the Landlord hath agreed with an- Tenants holding ' other Tenant for the lame;' Be it further enacted by the Authority aforefaid, That from and the 7in" they a ^ ter the ^d twenty-fourth Day of June one thoufand feven hundred and thirty-eight, in cafe any notify for quit- Tenant or Tenants fliall give Notice of his, her or their Intention to quit the PremifTes by him, her tin S them > to or them holden, at a time mentioned in fuch Notice, and fhall not accordingly deliver up the Pof- paydoubleRent. £ effion tnereo f at the t j me j n fa^ Notice contained; that then the faid Tenant or Tenants, his, her or their Executors or Adminiftrators, fhall from thenceforward pay to the Landlord or Land- lords, Leffor or Leffors, double the Rent or Sum, which he, (he or they fhould otherwife have paid; to be levied, fued for and recovered at the fame Times, and in the fame Manner, as the iingle Rent or Sum before the giving fuch Notice could be levied, fued for or recovered; and fuch double Rent or Sum (hall continue to be paid, during all the Time fuch Tenant or Tenants fliall continue in Poffeffion as aforefaid. ' XIX. And whereas it hath fometimes happened, that upon a Diftrefs made for Rent juftly due, ■2.W. &M. c.5. ' the Directions of the Statute made in the fecond Year of the Reign of King William and Queen- ' Mary, intituled, An Acl for enabling the Sale of Goods dijlrained for Rent, in cafe the Rent be not paid- ' within a reafonable Time, have not been ftrictly purfued, but through Miftake or Inadvertency of ' the Landlord or other Perfon intitled to fuch Rent and diftraining for the fame,, or of the- Bailiff or ' Agent of fuch Landlord or other Perfon, fome Irregularity or tortious A<A hath been afterwards ' done in the Difpofition of the Diftrefs fo feized or taken, as aforefaid; for which Irregularity or ' tortious Act the Party diftraining hath been deemed a Trefpaffer ab initio, and in an Action brought ' againft him as fuch the Plaintiff hath been intitled to recover, and has actually recovered, the full ' Value of the Rent, for which fuch Diftrefs was taken : And whereas it is a very great Hardfhipv ' upon Landlords and other Perfons entitled to Rents, that a Diftrefs duly made fhould be thus in DifirefTes for ' Effect avoided for any fubfequent Irregularity;' Be it enacted by the Authority aforefaid, That kwfui n °&c Un " from and after the faid twenty-fourth Day of June in the Year of our Lord one thoufand feven tor any irre'gu- hundred and thirty-eight, where any Diftrefs (hall be made for a-ny Kind of Rent juftly due, and larity in the Dif- an y Irregularity or unlawful Act fhall be afterwards done by the Party or Parties diftraining, or by polltl °" ); his, her or their Agents; the Diftrefs itfelf (hall not be therefore deemed to be unlawful, nor the Party or Parties making it be deemed a Trefpaffer or Trefpaffers ab initio; but the Party or Parties, aggrieved by fuch unlawful Act or Irregularity (hall or may recover full Satisfaction for the fpecial Damage he, (he or they (hall have fuftained thereby, and no more, in an Action of Trefpafs or on the Cafe at the Election of the Plaintiff or Plaintiffs : Provided always, That where the Plaintiff or Plaintiffs (hall recover in fuch Action, he, (he or they fliall be paid his, her or their full Cofts of Suit, and have all the like Remedies for the fame as in other Cafes of Cofts. nor Tenants to XX. Provided neverthelefs, That no Tenant or Tenants, Leffee or Leffees, fhall recover in any tion V onTende Action for any fuch unlawful Act or Irregularity as aforefaid, if Tender of Amends hath been made of Amends. by the Party or Parties diftraining, his, her or their Agent or Agents, before fuch Aition brought. In Aflions a- XXI. And be it further enacted by the Authority aforefaid, That from and after the faid twenty- K.-iinil Perfons fourth Day of June one thoufand feven hundred and thirty-eight, in all Actions of Trefpafs or up- in titled toRents, on the Cafe to be brought againft any Perfon or Perfons intitled to Rents or Services of any Kind, ma Moiedthef n ' s ' ^ er 01 the ' r Bailiff or Receiver, or other Perfon or Perfons, relating to any Entry by virtue of General TOire, this Act, or otherwife, upon the PremifTes chargeable with fuch Rents or Services, or to any Di- &c. ftrefs or Seizure, Sale or Difpofal of any Goods or Chattels thereupon; it fhall and may be lawful to and for the Defendant or Defendants in fuch Actions to plead the General Iffue, and give the ' fpecial Matter in Evidence; any Law or Ufage to the contrary notwithftanding : And in cafe the Plaintiff or Plaintiffs in fuch AfHon (hall become nonfuit, difcontinue his, her or their Aclion, or have Judgment againft him, her or them, the Defendant or Defendants (hall recover double Cofts of Suit. ' XXII. And whereas great Difficulties often arife in making Avowries or Conusance upon Di- ' ftreffes for Rent, Quit-rents, Reliefs, Heriots, and other Services;' Be it further enacted by the Au- thority aforefaid, That from and after the faid twenty-fourth Day of June one thoufand feven hun- 8 dred