|
|
No avowry as at present can be on such articles:
difficulties in avowing,
in replevin defendant may avow or make connusance generally, that the tenant enjoyed under a demise or article at a certain rent, still due, without setting forth the demise or title:
11 G. 2. 19.
Sec. 22. Eng.
such article need not contain actual demise,
and on non-suit, &c. double costs.
|
IV. And whereas avowries or connusance upon distresses for rent cannot be made, as the law now stands, upon such articles, minutes, or contracts as aforesaid, notwithstanding there hath been an ejectment under the same, and the rent ascertained by such articles, minutes, or contracts: and whereas other difficulties often arise in making avowries or connusance upon distresses for rent, not sufficiently remedied by the laws heretofore made: for remedy whereof be it enacted by the authority aforesaid, That from and after the last day of Easter term next it shall and may be lawful to and for all defendants in replevin to avow or make connusance generally, that the plaintiff in replevin, or other tenant of the lands, tenements, or hereditaments, whereon such distress was made, enjoyed the same under a grant or demise, or article, minute, or contract in writing, at such a certain rent, during the time wherein the rent so distrained for incurred, which rent was then and still remains due, without further setting forth the grant, tenure, or demise, or title of such landlord or landlords, lessor or lessors, owner or owners of such lands, tenements or hereditaments; and it shall be no objection to any such article, minute, or contract, that the same doth not contain an actual demise, any law or usage to the contrary notwithstanding; and if the plaintiff or plaintiffs in such action shall become nonsuit, discontinue his, her, or their action or have judgment given against him, her, or them, the defendant or defendants in such replevin shall recover double costs of suit. [Rep. in general terms, 5 & 6 Vict. c. 97. s. 2.]
|
