Distress For Rent Act, 1751

Distress for rent, unless redeemed in 8 days, sold by publick cant.

On 6 days notice of place and time of sale posted in next market town,

the price not afterwards questioned.

Surplus paid to owner.

V. And whereas the manner, in which distresses taken for rent-services, fee-farm-rents, or rent-charges, have been often disposed of, have occasioned troublesome and vexatious suits; be it enacted by the authority aforesaid, That from and after the first day of May next all distresses lawfully taken for any such rent or arrears of rent shall, unless redeemed within eight days after the same shall be distrained as aforesaid, be sold by publick cant to the highest and fairest bidder or bidders at such time or times, and in such convenient place or places, as the person distraining, his agent or bailiff, shall for that purpose appoint; such person, his agent or bailiff, after default made in redeeming such distress within the time aforesaid first causing one or more notice or notices in writing of the place and time, intended for such sale to be posted up six days previous to the time of such sale in the next market town to such place at the usual place in such market town for posting up publick notices; and that the price and prices, for which such distress or distresses shall be bona fide then and there sold, shall be deemed and taken as between all the parties aforesaid, and all persons deriving under them respectively, to be the full and real value of such distress or distresses; and that such value shall not be afterwards questioned in any court of law or equity; and in case such distress or distresses shall be sold for more, than is due and owing to the person and persons, for whose benefit such distress or distresses shall be taken, such overplus, after deducting thereout all necessary expences attending the taking and selling the said distress, shall be paid over to the person and persons, from whom such distress and distresses shall be taken.