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DISTRESS FOR RENT ACT 1695
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CHAPTER XXII.
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An Act for the more speedy and effectual proceeding upon Distresses and Avowries for Rent.
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17 C. 2. 7.
Eng.
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.
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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.
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So if upon demurrer judgment for avowant.
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II. And be it further enacted by the authority aforesaid, That if judgment in any of the courts aforesaid, be given upon demurrer for the avowant, or him that makes cognizance for any rent, the court shall, at the prayer of the defendant, award a writ to inquire of the value of such distress, and upon the return thereof judgment shall be given for the avowant, or him that makes cognizance as aforesaid, for the arrears alledged to be behind in such avowry or cognizance, if the goods or cattle so distrained shall amount to the value; and in case they shall not amount to that value, then for so much as the said goods or cattle so distrained amount unto, together with his full costs of suit, and shall have like execution as aforesaid.
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Where the distress found not sufficient he may from time to time distrain for residue.
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III. Provided always, and be it enacted, That in all cases aforesaid, where the value of the cattle distrained as aforesaid shall not be found to be to the value of the arrears distrained for, that the party to whom such arrears were due, his executors or administrators may from time to time distrain again for the residue of the said arrears.
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2 W. & M.
5. sess. 1 Eng.
Corn in sheaves or cocks, loose, or in the straw, hay in barn or granary, or in any hovel, &c. on the ground, charged with rent, may be distrained where found till replevied on security to the sheriff, and if not in 8 days, may be appraised and sold.
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IV. And whereas no sheaves or cocks of corn, loose or in the straw or hay in any barn or granary, or in any hovel, stack, or rick, can by the law be distrained, or otherwise secured for rent, whereby landlords are oftentimes deceived by their tenants, who sell their corn, grain, and hay to strangers, and remove the same from the premisses chargeable with such rent, and thereby avoid the payment of the same: be it further enacted by the authority aforesaid, that for remedying the said practice and deceit, it shall and may from henceforth be lawful to and for any person or persons, having rent arrear and due upon any demise, lease, or contract, to seize and secure any sheaves or cocks of corn, or corn loose, or in the straw, or hay lying, or being in any barn or granary, or upon any hovel, stack, or rick, or otherwise, upon any part of the land or ground charged with such rent, and to lock up or distrain the same in the place where the same shall be found, for or in the nature of a distress, until the same shall be replevied upon good security to be given to the sheriff as aforesaid; and in case such distress shall not be replevied or owned within the space of eight days next after the taking thereof, then the same to be appraised and sold, according to the laws and customs of this kingdom.
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Not to be removed, but kept as impounded till replevied or sold.
If plaintiff in replevin non-suit, &c. the like proceeding by inquisition, and execution as before.
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V. Provided nevertheless, That such corn, grain, or hay, so distrained as aforesaid, be not removed by the person or persons distraining, to the damage of the owner thereof, out of the place where the same shall be found and seised, but be kept there as impounded, until the same shall be replevied or sold, as aforesaid; and in case any replevin shall be brought for such sheaf or sheaves of corn, or grain, or hay, if the plaintiff in such replevin shall be non-suit, either before or after appearance, or a verdict pass against him, or judgment be given against him upon demurrer as aforesaid, in all such cases, such proceedings to be by inquisition or finding of the jury at the bar upon like suggestion to be made in the conuzance or avowry, and like execution in such cases to be awarded.
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Treble damages for pound breach or rescue, against the offender, or owner, if the goods came to his use or possession.
4 G. 1. 5.
8 G. 1. 2.
15 G. 2. 8.
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VI. And be it further enacted by the authority aforesaid, That upon any pound-breach, or rescue of goods and chattles distrained for rent, the person or persons grieved thereby shall, in a special action upon the case for the wrong thereby sustained, recover his and their treble damages, and costs of suit against the offender or offenders in any such rescue or pound-breach, any or either of them, or against the owners of the goods distrained, in case the same be afterwards found to have come to his use or possession.
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