on com.non belonging

or upon any hovel, ftack or rack, or elsewhere, upon any part of the land charged with fuch rent, and to lock up or detain the fame, in the place where the fame fhall be found, for and in the nature of a diflrefs, until the fame fhall be replevied, upon fuch fecurity to be given as aforefaid; and in default of replevying the fame as aforefaid, within the time aforefaid, to fell the fame after the appraifement thereof, in manner as above directed. And further, It fhall be lawful for fuch landlord or leffor, to take and And cattle feeding feize as aforefaid, any cattle or stock of fuch tenant or tethe demiled pre- nants, feeding or depafturing upon any common appendant, or appurtenant, or any ways belonging to the premies demifed or holden; and alfo to take and feize all forts of corn and grafs, roots, or other produce growing or being thereon, as diftrefs for arrears of rent, and the fame to cut, gather, make, cure, carry, and lay up, in fome convenient place on the premises; and for want thereof in fome other place, to be procured by fuch landlord (due notice of fuch place being given to fuch tenant or leffee, or left at his place of abode) and within the time and in manner herein before directed, to appraife, fell or difpofe of the fame.

mifes, and corn, graís, roots, and other pro duce thereon, may alfo

be diftrained for rent.

impounded, or fecured

mifes.

VII And be it further en lied by the authority aforesaid, Diftreffes may be That it shall be lawful for any perfon, lawfully taking any and fold on the pre- diflrefs, to impound or otherwife fecure the ditre's fo made, of whatever nature or kind it may be, in such place, or on fuch part of the premises as fhall be moft convenient for the purpofe, and to appraife, fell and difpofe of the fame upon the premises, in like manner as any perfon taking a diftrefs for rent, may do off the premises, by virtue of this act; and it fhall be lawful for any perfon or perfons to come and go to and from fuch place or part of the faid premifes, in order to view, appraife and buy, and alfo to carry off and remove the fame.

cofts to be recovered

or refcous of the

ed and fold where no

VIII. And be it further enalled by the authority aforefaid, Treble damages and That upon any pound breach, or refcous of goods or chaton any round breach, tels diftrained for rent, the perfon or perfons grieved theregoods diftrained. by, fhall, in a fpecial action upon the cafe for the wrong thereby fuftained, recover his and their treble damages and cofts of fuit, against the offender or offenders in any fuch refcous or pound breach, any or either of them, or against the owner of the goods diftrained, in cafe the fame be afterwards found to have come to his ufe or poffeflion. IX. Provided always, and be it further enacted by the author If goods are diftrain rity aforefaid, That in cafe any fuch diftrefs and fale as rent is due, the own- aforefaid, fhall be made by virtue or colour of this prefent the value, with cofts. act, for rent pretended to be in arrear and due, where in truth no rent is in arrear or due to the perfon or perfons diftraining, or to him or them in whofe name or names, or right, fuch dif tres fhall be taken as aforefaid, that then the owner of fuch goods or chattels diftrained and fold as aforefaid, his executors or adminiftrators, fhall and may, by action of trefpafs, or upon the cafe, to be brought against the perfon or perfons fo diftraining any or either of them, his or their executors or admini Atrators, recover double of the value of the goods or chattels fo diftrained and fold, together with full cofts of fuit.

er to recover double

X. And be it further enacted by the authority aforefaid, That where any diftréfs fhall be made for any kind of rent juftly due, and any irregularity or unlawful act shall be afterwards done by the party or patties diftraining, or by his, her or their agent or agents, the diftres itfulf Dhall not be therefore Vol. II.

I

deemed to be unlawful, nor the party or parties making it, be deemed a trefpaler or trefpailers ab initio : But the party or parties aggrieved by fuch unlawful act or irregularity, fhall and may recover full fatisfaction for the fpecial damages he, fhe or they, fhall have fuftained thereby, and no more, in an action of trefpafs, or on the cafe, at the election of the plaintiff or plaintiffs. Provided always, That where the plaintiff or plaintiffs fhall recover in fuch action, he, fhe or they fhall be paid his, her or their full cofts of fuit, and have all the like remedies for the fame as in other cafes of costs: But that no tenant or tenants, leflee or leffees, fhall recover in any action for any fuch unlawful act or irregularity as aforefaid, if tender of amends hath been made, by the party or parties diftraining, his, her or their agent or agents, before fuch action brought.

XI. And be it further enated by the authority aforesaid, That in all actions of trefspafs, or upon the cafe, to be brought against any perfon or perfons entitled to any rents or fervices of any kind, his, her or their bailiff, or receiver, or other perfon or perfons, relating to any entry by virtue of this act, or other wife, upon the premises, chargeable with fuch rents or fervices, or to any diftrefs or feizure, fale or difpofal of any goods or chattels thereupon, it fhall and may be lawful to and for the defendant or defendants, in fuch actions, to plead the general iffue, and give the special matter in evidence; any law or ufage to the contrary notwithstanding. And in cafe the plaintiff or plaintiffs fhall become nonfuit, difcontinue his, her or their action, or have judgment against him, her or them, the defendant or defendants fhall recover double cofts of fuit.

execution, unleispar

to landlord,

XII. And be it further enacted by the authority aforefaid, Goods not liable to That no goods or chattels whatfover, in or upon the dety pay arrears of rent mifed premifes, fhall be liable to be taken by virtue of any execution, on any pretence whatfoever, unless the party at whofe fuit the faid execution is fued out, fhall, before the removal of fuch goods from off the faid premifes, by virtue of fuch execution, pay to the Jandlord of the faid premifes, or his bailiff, all and every fum or fums of money due for rent for the faid premifes, at the time of the taking fuch goods or chattels, by virtue of fuch execution; provided the faid arrears of rent do Net exceeding one not amount to more than one year's rent: And in cafe the faid arrears shall exceed one year's rent, then the faid party, at whofe fuit fuch execution is fued out, paying the faid landlord, or his bailiff, one year's rent, may proceed to execute his judgment, as he might have done before the making of this act; and the sheriff, or other officer, is hereby empowered and required to levy and pay to the And heriff to levy plaintiff, as well the money fo paid for rent, as the execu

year's rent.

the debt and rent fo

paid.

the premites, may be

tion money.

XIII. And be it further enacted by the authority aforefaid, Goods carried off That in cafe any fuch leflee, for life or lives, term of years, fized within 30 days at will, or otherwife, fhall convey or carry off, or from 'after their removal. fuch demifed premifes, his or her goods or chattels, leaving the rent unpaid, it fhall and may be lawful for fuch leffor or landlord, or any perfon or perfons by him or her for that purpofe lawfully empowered, within the pace of thirty days next after fuch conveying away, or carrying offuch goods or chattels as aforefaid, to take and feize fuch goods and chattels, wherever the fame fhall be found, as a diftrefs for the faid arrears

trained.

of rent; and the fame to fell, or otherwife difpofe of, in fuch manner as if the faid goods and chattels had actually been diftrained by And fold as if dif- fuch leffor or landlord, in and upon fuch premifes, for fuch arrears of rent; any law, custom or ufage, to the contrary in any wife notwithstanding. Provided nevertheless, That nothing in this act contained, fhall extend or be conftrued to extend to empower fuch leffor or landlord to take or feize any goods or chattles as a diflrefs for arrears of rent, which fhall be fold bona fide, and for a valuable confideration, before fuch feizure made, to any perfon not privy to fuch fraud; any thing herein contained to the contrary notwithstanding.

and perfons affisting

XIV. And to deter tenants from fuch conveying away their goods and chattels, leaving the rent unpaid, and others from wilfully aiding or affifting therein, or concealing the fame; Be it further enacted by the authority aforeJaid, That if any fuch tenant or leffee fhall remove and conTenants carrying vey away his or her goods or chattels, as aforefaid, or if any away their goods, leav. ing the rent unpaid, perfon or perfons fhall wilfully and knowingly aid or aflit therein, to forfeit deu any fuch tenant or leffee in fuch conveying away carrying ble the value of fuch off any part of his or her goods or chattels, or in concealing the fame, all and every perfon or perfons, fo offending, fhall forfeit and pay to the landlord or landlords, leffor or leffors, his, her or their heirs or affigns, from whofe eftate fuch goods and chattels were fo carried off as aforefaid, double the value of the goods by him, her or them refpectively carried off, or concealed, as aforefaid; to be recovered by action. of debt in any court of record.

goods.

conftable may break

pected places to take

treis.

XV. And be it further enacted by the authority aforesaid, Landlord with That where any goods or chattels fhall be conveyed or cardoors, and enter fuf- ried away, as aforefaid, by any tenant or tenants, leffce goods, removed by or leffees, his, her or their fervant or fervants, agent or tenants to prevent dil agents, or other perfon or perfons, aiding or affitting therein, fhall be put, placed or kept in any houfe, barn, stable, out-house, yard, clofe or place, locked up, faftened or otherwife fecured, fo as to prevent fuch goods or chattels from being taken and feized as a diftrefs for arrears of rent, it shall and may be lawful for the landlord or landlords, leffor or leffors, his, her or their heirs or affigns, or his, her or their fleward, bailiff, receiver, or other perfon or perfons empowered to take and feize, as a diftrefs for rent, fuch goods and chattels (firft calling to his, her or their affiftance, the conftable or other peace officer of the town or place where the fame fhall be fufpected to be concealed, who are hereby required to aid and affift therein, and in cafe of a dwelling-houfe, oath being alfo firft made before fome juftice of the peace, of a reafonable ground to fufpect that fuch goods or chattels are therein) in the day time, to break open, and enter into fuch houfe, barn, ftable, out-houfe, yard, close or place, and to take and feize fuch goods and chattels for the faid arrears of rent, as he, the or they might have done by virtue of this act, if such goods and chattels had been put in any open field or place.

be brought for reat on

XVI. And be it further enacted by the authority oforefaid, Actions of debt may That it fhall be lawful for any perfon or perfons having any leales for life. rent in arrear or due upon a leafe or demife for life or lives, to bring an action or actions of debt for fuch arrears of rent, in the fame manner as they might have done in cafe fuch rent was due and referved upon a leafe for years.

XVII. And whereas, tenants pour autre vie, and leffces for years, or at will, fiequently hold over the tenements to them demifed, after the deter

roat in Marcar where

mination of fuch leate: And whereas after the determination of fuch, or any other leafes, no diftres can, by law, be made for any arrears of rent that grew due on fuch refpective leafs before the determination thereof; for remedy whereof, Be it further ended by the authority aforefaid, That it shall D'firefiled for be lawful for any perfon or perions having any rent in arIfe for Lie is deter. Iear and due upon a leate for live or lives, or for years, or at will, ended or determined, to diftrain for fuch arrears after the determination of the faid refpective leafes, in the fame manner as they might have done if fuch leafe or leates had not been ended or determined. Provided, That fuch diflreis be made within the fpace of fix callendar months after the determination of fuch leafe, and during the conIf made widun fix tinuance of fuch landlord s tile or intereft, and during the mouths, and during Landlord's te poffeflion of the tenant from which fuch arrears became and te am's posicili- due.

b.i.

trators of perfus

er for lite, may fue

rents, St.

XVIII. And whereas by the common law, the executors or adminiftrators of tenants in fee fimple, or for term of life, of rent fervice, rent charge, rent feck, and fee farms, have no remedy to recover fuch arrearages of the and rents or fee farms, as were due unto their teftators or inteftates in their lives, nor may the heirs of fuch teftator, nor any perfon having the reversion of his or her eftate, after his or her decease, diftrain or have any lawful action to levy any fuch arrears of rents or fee farms; For remedy whereof, Be it further enacted by the authority aforefaid, That the Executors or admi- executors or adminiflrators of every fuch perfon and pertitled to rents in fee, fons, unto whom any fuch rent or fee farm is or fhall be for arrears of fuch due, and not paid at the time of his, her or their death, fhall and may have an action of debt for all fuch arrearages, against the tenant or tenants who ought to have paid the faid rent or fee farms fo being behind in the life of the teflator or intellate, or against the executors or adminiftrators of the faid tenant or tenants: And further, That it fhall be lawful for every fuch executor and adminiftrator of any fuch per→ fon or perfons, unto whom fuch rent or fee farm is or fhall be due, and not paid at the time of his, her or their death, as aforefaid, to diftrain for the arrearages of all fuch rents and fee farms, upon the lands, tenements and hereditaments, which were, are, or fhall be charged with the payment of fuch rents or fee farms, and chargeable to the diftrefs of the teftator or inteftate, fo long as the faid lands, tenements or hereditaments continue, remain and be in the eifin or poffeffion of the faid tenant in demefne, who ought immediately to have paid the faid rent or fee farm fo being behind, to the said teftator or inteftate, in his or her life time, or in the feifin or poffeffion of any other perfon or perfons claiming the faid lands, tenements and hereditaments, only by or from the faid tenant, by purchase, gift or defcent, in like manner and form as their teftator or inteftate might or ought to have done in his or her Hife time. And the faid executors or adminiftrators fhall, for the fame distress, lawfully make avowry upon their matter aforefaid, and make appraisement And fale of fuch diftrefs in the manner aforefaid.

Threats in right

1ue or diftrain for the

XIX. And be it further enacted by the authority aforefaid, bands intitled to That if any man who now hath, or fhall hereafter have, of their wives, may in the right of his wife, any eftate in fee fimple, or for ricats thereof after term of life, of or in any rents or fee farms, and the fame the death or their rents or fee farms now be, or hereafter fhall be due, behind and unpaid, in the faid wife's life time; then the faid hufband, after the death of his faid wife, his executors or adminiflrators, fhall

have an action of debt for the faid arrearages, against the tenant of the demefne, who ought to have paid the fame, his or her executors or adminiftrators: And further, That the faid husband, after the death of his faid wife, may diftrain for the faid arrearages, in like manner and form as he might have done, if his wife had been then living, and make avowry upon his matter as aforefaid, and make appraiement and fale of fuch distress in the manner aforefaid.

rents for the life of

diftrain for the ar

perfon.

XX. And be it further enacted by the authority aforesaid, Perfons intitled to That if any perfon who now hath, or hereafter shall have others, may fue or any rents or fee farms for term of life or lives, of any other sears thereof, after the perfon or perfons, and the faid rent or fee farm now be, death of fach other or hereafter fhall be due, and behind and unpaid, in the life of fuch perfon or perfons, for whofe live or lives the estate of the faid rent or fee farm did depend or continue, and after the faid perfon or perfons do die, then he or he to whom the faid rent or fee farm was due in form aforefaid, his or her executors or adminiflrators, fhall and may have an action of debt against the tenant in demefne, who ought to have paid the fame when it was first due, his or her executors or adminiflrators; and also may dif train for the fame arrearages, upon the lands and tenements out of which the faid rents for fee farms were ifluing and payable, in fuch like manner and form as he or the ought or might have done, if the perfon or perfons by whofe death the aforefaid eftate in the faid rents and fee farms determined and expired, were in full life; and the avowry for the taking of the fame diftrefs to make in manner and form aforefaid, and make appraisement and fale of fuch dif trefs in manner aforefaid.

XXI. And be it further enacted by the authority aforefuid, Tenants, or other That in cafe any tenant or tenants, for any term of life, perfons coming into praeflion, to pay dou- lives or years, or other perfon or perfons who are, or shall ble the yearly value of the lands. come into poffeffion of any lands, tenements or hereditaments, by, from, or under, or by collufion with, fuch te nant or tenants, fhall wilfully hold over any lands, tenements or hereditaments, after the determination of fuch term or terms, and after demand made, and notice in writing given for delivering the poffeffion thereof, by his or their landlord or leffor, or the perfon or perfons to whom the remainder or reverfion of fuch lands, tenements or hereditaments fhall belong, his or their agent or agents thereunto lawfully authorifed; then, and in fuch cafe, fuch perfon or perfons fo holding over, fhall, for and during the time he, fhe or they fhall fo hold over or keep the perfon or perfons entitled, out of poffeffion of the faid lands, tenements or hereditaments, as aforefaid, pay to the perfon or perfons fo kept out of poffeffion, his, her or their executors, adminiftrators or affigns, at the rate of double the yearly value of the lands, tenements or hereditaments fo detained, for fo long time as the fame are detained; to be recovered in any court of record in this flate, by action of debt, whereunto the defendant or defendants fhall be obliged to give special bail; and against the recovering of which faid penalty, there fhall be no relief in equity.

tice of their intention

XXII. And be it further enadled by the authority aforefaid, Tenants giving That in cafe any tenant or tenants fhall give notice of his, to quit the premises, her or their intention to quit the premises, by him, her or and refuting to deliver up the poflethon them holden, at a time mentioned in fuch notice, and frail according to fuch no- not accordingly deliver up the poffeffion thereof, at the time in fuch notice contained, that then the faid tenant or tenants, his, her or their executors or adminiftrators, fall,

ice, to pay double