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Assignees to recover Rents of the Lands of a Bankrupt, of which the Commissioner has Power to make Disposition, and to enforce Covenants, as it entitled to the Reversion. This Clause to apply to all Copyhold Lands; but as to other Lands, only to such as the Commissioner may dispose of after the Bankrupt’s Death.
11 G. 2. c. 19.
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LXVII. And be it further enacted, That the Rents and Profits of any Lands of which any Commissioner acting in the Execution of any such Fiat as aforesaid hath Power to make Disposition under this Act shall in the meantime and until such Disposition shall be made, or until it shall be ascertained that such Disposition shall not be required for the Benefit of the Creditors of the Person adjudged bankrupt under the Fiat, be received by the Assignees of the Estate of the Bankrupt, for the Benefit of his Creditors; and the Assignees may proceed by Action of Debt for the Recovery of such Rents and Profits, or may distrain for the same upon the Lands subject to the Payment thereof, and in case any Action of Trespass shall be brought for taking any such Distress may plead thereto the General Issue, and give this Act or other special Matter in Evidence, and also, in case any such Distress shall be replevied, shall have Power to avow or make cognizance generally in such Manner and Form as any Landlord may now do by virtue of the Statute made in the Eleventh Year of the Reign of His Majesty King George the Second, intituled An Act for the more effectual securing the Payment of Rents and preventing Frauds by Tenants, or by any other Law or Statute now in force or hereafter to be made for the more effectually recovering of Rent in arrear; and such Assignees, and their Bailiffs, Agents, and Servants, shall also have all such and the same Remedies, Powers, Privileges, and Advantages of pleading, avowing, and making cognizance, and be entitled to the same Costs and Damages, and the same Remedies for the Recovery thereof, as Landlords, their Bailiffs, Agents, and Servants, are now or hereafter may be by Law entitled to have when Rent is in arrear; and such Assignees shall also have the same Power and Authority of enforcing the Observance of all Covenants, Conditions, and Agreements in respect of the Lands of which such Commissioner as aforesaid hath the Power of Disposition under this Act, and in respect of the Rents and Profits thereof, and of Entry into and upon the same Lands for the Nonobservance of any such Covenant, Condition, and Agreement, and of expelling and amoving therefrom the Tenants or other Occupiers thereof, and thereby determining and putting an End to the Estate of the Persons who shall not have observed such Covenants, Conditions, and Agreements, as the Bankrupt would have had in case he had not been adjudged a Bankrupt: Provided always, that this Clause shall apply to all Lands held by Copy of Court Roll, but shall only apply to those Lands of any other Tenure which any Commissioner acting in the Execution of any such Fiat as aforesaid may have Power to dispose of under this Act after the Bankrupt’s Decease.
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