Distress For Rent Act, 1751

DISTRESS FOR RENT ACT 1751

CHAPTER XIII.

An Act for explaining amending, and making more effectual the Laws relating to Landlord and Tenant.

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.]

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.