Distress For Rent Act, 1741

• Permanent Page URL

DISTRESS FOR RENT ACT 1741

CHAPTER VIII.

An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants.

11 G. 2. 19. Eng. the laws against frauds by tenants ineffectual.

If tenants, &c. fraudulently or clandestinely convey away goods to prevent distress for arrears of rent, landlords, &c. may in 20 days seise wherever found, and dispose as if distrained on premises:

WHEREAS the several laws heretofore made for the better securing of rents, and to prevent frauds committed by tenants, have not proved sufficient to obtain the good ends and purposes designed thereby; but the fraudulent practices of tenants, and the mischief intended by the said acts to be prevented, have of late years rather increased, to the great loss and damage of their lessors or landlords: for remedy whereof be it enacted by the King's most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of May in the year of our Lord one thousand seven hundred and forty two in case any tenant or tenants, any person or persons paying any rent-charge or rent-charges, fee-farmer or fee-farmers, lessee or lessees for life or lives, term of years, at will, sufferance, or otherwise, of any messuages, lands, tenements, or hereditaments, upon the grant, demise, or holding whereof any rent is or shall be reserved due or made payable, shall fraudulently or clandestinely convey away, or carry off or from such premises, his, her, or their goods or chattles to prevent the grantee or grantees of rent-charges, grantor or grantors of fee-farms, landlord or lessor, landlords or lessors, from distraining the same for arrears of rent so reserved due or made payable; it shall and may be lawful to and for every grantee or grantees, landlord or lessor, landlords or lessors within this kingdom, or any person or persons by him, her, or them, for that purpose lawfully impowered, within the space of twenty days next ensuing such conveying away or carrying off such goods or chattles as aforesaid, to take and seize such goods and chattles, wherever the same shall be found, as a distress for the said arrears of rent, and the same to sell, or otherwise dispose of, in such manner, as if the said goods and chattles had actually been distrained by such grantee or grantees, lessor or landlord, lessors or landlords, in and upon such premises for such arrears of rent; any law, custom, or usuage to the contrary in any wise notwithstanding.

Unless before seizure sold bona fide and for valuable consideration to persons not privy.

II. Provided always, That no landlord or lessor, or other person intitled to such arrears of rent, shall take or seize any such goods or chattles as distress for the same, which shall be sold bona fide and for a valuable consideration, before such seizure made, to any person or persons not privy to such fraud as aforesaid; any thing herein contained to the contrary notwithstanding.

Tenants, &c. so removing, or assistants, forfeit double to landlords, &c.

III. And to deter tenants from such fraudulent conveying away their goods and chattles, and others from wilfully aiding or assisting therein, or concealing the same, be it further enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and forty two if any such grantor, fee-farmer, tenant or lessee, shall fraudulently remove and convey away his or her goods or chattles as aforesaid, or if any person or persons shall wilfully and knowingly aid or assist any such grantor, fee-farmer, tenant or lessee, in such fraudulent conveying away, carrying off of any part of his or her goods or chattles, or in concealing the same; all and every person and persons so offending shall forfeit and pay to the landlord or landlords, lessor or lessors, from whose estates such goods and chattles were fraudulently carried off as aforesaid, or to the person or persons intitled to such rent-charge or fee-farm rent, double the value of the goods by him, her, or them respectively carried off or concealed as aforesaid; to be recovered by action of debt in any of his Majesty's courts of record in Dublin, wherein no essoign, protection, or wager of law shall be allowed, nor more than one imparlance. [Rep., Stat. Law Rev. (I.) Act, 1878.]

by civil bill, where the goods not above 20l.

IV. Provided always, and be it enacted by the authority aforesaid, That where the goods and chattles so fraudulently carried off or concealed shall not exceed the value of twenty pounds, it shall and may be lawful for the grantee or grantees of rent-charges, grantor or grantors of fee-farms, landlord or landlords, lessor or lessors, from whose estate such goods or chattles were removed, his, her, or their bailiff, servant, or agent, in his, her, or their behalf, to exhibit a complaint by civil bill against such offender or offenders before the judges of the respective assizes, to be held for the several counties wherein such offender or offenders do reside respectively, or before the justices at the quarter-sessions to be held for the county of Dublin, or for the county of the city of Dublin, in case the premises, from which such removal is made, lie within those districts; who upon full proof of the offence, and also the value of the goods and chattles by such tenant, lessee, or other person respectively, so fraudulently carried off or concealed as aforesaid, shall adjudge and decree the offender or offenders to pay double the value of the said goods and chattles to such grantee or grantees of rent-charges, grantor or grantors of fee-farms, landlord or landlords, lessor or lessors, his, her, or their bailiff, servant or agent, with like execution and remedy by appeal, as in other cases of civil bill.

Tenant's stock on common appendant, &c. may be distrained for arrears of rent, and disposed of as if distrained on premises.

V. And be it further enacted by the authority aforesaid, That from and after the first day of May, which shall be in the year of our Lord one thousand seven hundred and forty two, it shall and may be lawful to and for every grantee or grantees of rent-charges, grantor or grantors of fee-farms, lessor or landlord, lessors or landlords, or his or their steward, bailiff, receiver, or other person or persons impowered by him, her, or them, to take and seize as a distress for arrears of rent any cattle, or stock of their respective tenant or tenants, feeding or depasturing upon any common appendant or appurtenant, or any ways belonging to all or any part of the premises demised or holden; and the same to sell or otherwise dispose of in such manner, as if the said goods and chattles had actually been distrained by such grantee or grantees, grantor or grantors, lessor or landlord, lessors or landlords, in and upon such premises for such arrears of rent; any law, custom, or usage to the contrary notwithstanding.

Inconveniencies both to landlords and tenants on removal of distress:

Distress for rent may be impounded or secured on any part of the premises most convenient, and sold as if off the premises,

and persons may come there to view, appraise, &c.

and like remedy for pound-breach or rescous.

VI. And whereas great difficulties and inconveniencies frequently arise to landlords and lessors, and other persons taking distresses for rent, in removing the goods and chattles or stock distrained off the premises, in cases where by law they may not be impounded and secured thereupon; and also to the tenants themselves many times by the damages unavoidably done to such goods and chattles or stock in the removal thereof: be it enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and forty two it shall and may be lawful to and for any person or persons, lawfully taking any distress for any kind of rent, to impound or otherwise secure the distress so made of what nature or kind soever it may be, in such place, or on such part of the premisses chargeable with the rent, as shall be most fit and convenient for the impounding and securing such distress; and to appraise, sell, and dispose of the same upon the premises in like manner, and under the like directions and restraints, to all intents and purposes, as any person taking a distress for rent may now do off the premises; and that it shall and may be lawful to and for any person or persons whatsoever to come and go to and from such place or part of the said premisses, where any distress for rent shall be impounded and secured as aforesaid, in order to view, appraise, and buy, and also in order to carry off or remove the same, on account of the purchaser thereof; and if any pound-breach or rescous shall be made of any goods, or chattles, or stock distrained for rent, and impounded or otherwise secured by virtue of this act, the person or persons aggrieved thereby shall have the like remedy, as in cases of pound-breach or rescous.

Prejudice to landlords by Attornment of tenants to strangers.

Attornments of tenants void, and possession of landlords not affected thereby.

VII. And whereas the possessions of estates in lands, tenements, and here ditaments are rendred very precarious by the frequent and fraudulent practice of tenants in attorning to strangers, who claim title to the estates of their respective landlord or landlords, lessor or lessors, who by that means are turned out of possession of their respective estates, and put to the difficulty and expence of recovering the possession thereof by actions or suits at law: for remedy whereof be it enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and forty two all and every such attornment and attornments of any tenant or tenants of any messuages, lands, tenements, or hereditaments, shall be absolutely null and void to all intents and purposes whatsoever; and the possession of their respective landlords or landlord, lessor or lessors, shall not be deemed or construed to be any ways changed, altered, or affected by any such attornment or attornments.

Except Attornment pursuant to a judgment, decree, or order, or with lessor's consent, or to mortgagee after forfeiture.

VIII. Provided always, That nothing herein contained shall extend to vacate or affect any attornment made pursuant to and in consequence of any judgment at law, or decree, or order, of a court of equity, or made with the privity and consent of the landlord or landlords, lessor or lessors, or to any mortgagee after the mortgage is become forfeited.

If tenant, having power to determine lease by notice to quit, gives notice in writing, and does not deliver possession accordingly, he shall pay double rent.

(^a ) IX. And whereas great inconveniencies have happened and may happen to landlords, whose tenants have power to determine their leases by giving notice to quit the premises by them holden, and yet refusing to deliver up the possession, when the landlord hath agreed with another tenant for the same: be it enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and forty two in case any tenant or tenants, having power to determine their leases by giving notice to quit the premises by them holden, shall give notice in writing of his, her, or their intention to quit the premises by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforth pay to the landlord or landlords, lessor or lessors, double the rent or sum, which he, she, or they, should otherwise have paid; to be levied, sued for, and recovered at the same times, and in the same manner, as the single rent or sum before the giving such notice could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid, during all the time such tenant or tenants shall continue in possession as aforesaid.

*********

[^(a)This section was intended to be repealed by 23 & 24 Vic. c. 154. s. 104, Schedule B, but is erroneously referred to in the schedule as section 9 of 51 Geo. 2. c. 8.]