Distress For Rent Act, 1695

17 C. 2. 7.


Distress the ordinary remedy for arrears of rent: ineffectual by proceedings in replevin.

Plaintiff in replevin nonsuit before issue joined, upon prayer of defendant a writ shall go to sheriff to inquire of the arrear, and value of distress,

15 days notice to be given to plaintiff or his attorney.

Upon return of inquisition defendant to have judgment,

if the goods amount not to the value, then for so much, execution thereupon, and full costs.

Where plaintiff nonsuit after issue, or verdict against him, the jurors returned shall inquire, and the like judgment, execution, &c.

FORASMUCH as the ordinary remedy for arrearages of rents is by distress upon the lands chargeable therewith, and yet nevertheless by reason of the intricate and dilatory proceedings upon replevin, that remedy is become ineffectual: for remedy whereof be it enacted by the King's most excellent Majesty, with the advice and consent of the Lords spiritual and temporal and commons in this present Parliament assembled, and by authority of the same, that whenever any plaintiff in replevin shall be non-suit before issue joined in any suit in replevin, by plaint or writ lawfully returned, removed, or depending in any of his Majesty's courts at Dublin, [or any courts palatine,] or other courts of records within this kingdom that the defendant avowant, making a suggestion in nature of an avowry or conuzance for such rent, to ascertain the court of the cause of distress, the court upon his prayer shall award a writ to the sheriff of the county where the distress was taken, to inquire by the oaths of twelve good and lawful men of the baliwick, touching the sum in arrear at the time of such distress taken, and the value of the goods or cattle distrained; and thereupon notice of fifteen days shall be given to the plaintiff, or his attorney, in court, of the sitting of such inquiry; and thereupon the sheriff shall inquire of the truth of the matter contained in such writ, by the oaths of twelve good and lawful men of his county; and upon the return of such inquisition the defendant shall have judgment to recover against the plaintiff the arrearages of such rent, in case the goods or cattle distrained shall amount unto the value; and in case they shall not amount to that value, then so much as the value of the said goods and cattle so distrained shall amount unto, together with his full costs of suit, and shall have execution thereupon by fieri facias or elegit, or otherwise as the law shall require; and in case such plaintiff shall be non-suit after conuzance or avowry made and issue joyned; or if the verdict shall be given against such plaintiff, then the jurors that are impannelled or returned to inquire of such issue, shall at the prayer of the defendant inquire concerning the sum of the arrears, and the value of the goods or cattle distrained; and thereupon the avowant, or he that makes cognizance, shall have judgment for such arrearages, or so much thereof as the goods or cattle distrained amount unto, together with full costs, and shall have execution for the same by fieri facias or elegit, or otherwise, as the law shall require.