Page images
PDF
EPUB

CHAPTER XXIII.

DISTRESS FOR RENT.

Warrant to distrain. *

I HEREBY authorize and require you to distrain the goods and chattels in the dwelling-house (or in and upon the farm, lands, and premises] of A. B., situate at in the county of

for L. , being years' rent due to me for the same, at

last, and to proceed thereon, for the recovery of the said rent, as the law directs. Dated the day of 184

To E. F., my bailiff. Yours, &c., C. D.

INVENTORY OF GOODS DISTRAINED.

An inventory of the several goods and chattels

• In order to prevent excessive and ruinous charges in the execution of distresses for small rents, it is enacted, by 57th Geo. III., c. 93, that no broker, &c., in levying a distress under L.20, shall take more than the following sums, under the penalty of treble the amount of the moneys so unlawfully taken ; viz. for levying the distress, 3s.; man in possession, per day, 2s. 6d. ; appraisement, whether by one broker or two, 6d. in the pound on the value of the goods; stamp, the lawful amount thereof. All expenses of advertisements, (if any,) 10s. ; catalogues, ls. in the pound on the net produce of the goods. And the broker is required to give a copy of his charges to the person distrained upon.

distrained by me, C. D., (or E. F., the bailiff,] the

day of , in the year of our Lord 184 , in the dwelling-house, &c., [describing the premises,] of A. B., situate at , in the county of [and if the distress be made by a bailiff, say, “by the authority and on the behalf of C. D.,"] for the sum of L. , being years' rent due to me, (or “ to the said C. D.,"] at last. In the dwelling-house, in the parlour, one table [setting out the goods.]

Mr. A. B. Take notice, that I have this day distrained (or Notice of dis

tress written " that, as bailiff to C. D., your landlord, I have this day distrained,”] on the premises above mentioned, ventory. the several goods and chattels specified in the above inventory, for the sum of L. , being years' rent due to me, Cor “ to the said C. D.,"] at

last, for the said premises ; and that unless you pay the said rent, with the charges of distraining for the same, within five days from the date hereof, the said goods and chattels will be appraised and sold according to law. Given under iny hand, the day of , in the year of our Lord 184.

Witness,

under the in

Memorandum that I, A. B., do hereby consent and agree Memorandum that C. B., my landlord, who hath distrained my goods and of the tenant's

consent to chattels for rent, in a dwelling-house, &c., [describing the consent

landlord's premises, situate at in the county of shall con- continuing in tinue in possession of my said goods and chattels, in the said possession. dwelling-house, &c., for the space of days from the date hereof; the said C. D. having agreed to forbear the sale of the said goods and chattels for the said space of time, to enable me to discharge the said rent. And I, the said A. B., do hereby agree to pay the expenses of keeping the said possession. As witness my hand, this

day of 184 You and each of you shall well and truly appraise the Appraisers' goods and chattels mentioned in the inventory, [the constable oath. at the same time holding the inventory in his hand, and showing it to the appraisers,] according to the best of your judgment. So help you God.

To Mr. A. B. The like for Take notice, that I have this day taken and disgrowing

sta, trained (or “ that, as bailiff to C. D., your lardlord, I crops, on statute 11th Geo. have taken and distrained”] on the lands and premises II., c. 19, s. 8. above mentioned, the several growing crops specified

in the above inventory, for the sum of L. , &C. [as in last,] for the said lands and premises ; and that

Memorandum Memorandum, that on the day of in the year thereof.

of our Lord 1840, G, H., of, &c., and I. K., of, &c., two sworn appraisers, were sworn upon the Holy Evangelists, by me, L. M., of constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my band,

L. M., constable. Present at the time of swearing the said G. H. and I. K.

as above, and witnesses thereto. Form of ap- We, the above-named G. H. and I. K., being sworn upon praisement. the Holy Evangelists, by L. M., the constable above named,

well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of our judgment, and having viewed the said goods and chattels, do appraise and value the same at the sum of L. . As witness our hands, the day of in the year of our Lord 1840.

G. H., I K., sworn appraisers. [The last two forms are usually written on the inventory.] Instructions The way of making a distress for rent in arrear is to go for making a upon the premises for which the rent is due, and taking hold distress.

of some piece of furniture or other article there, to say, if the
distress is made by the landlord himself, “ I seize this chair,
(or other thing, as the case may be,) in the name of all the
goods and effects on these premises, for the sum of L.
being years' rent due to me at last;" or if the
distress be made by some person empowered by the landlord,
say, “for the sum of L. , due to A. B., Esq., the
landlord of these premises, at

last, by virtue of an authority from him to me given for this purpose.” The inventory is then made, and a copy served on tenant, with the notice thereto annexed, or under-written; and if the rent is not paid, or goods replevied at the end of the seventh day, or other time allowed or agreed upon, the same may be appraised and sold, and any surplus, after paying rent and ex, penses, must be paid to the tenant.

unless you previously pay the said rent, with the charges of distraining for the same, I shall proceed to cut, gather, take, cure, carry, and lay up the said crops, when ripe, in the barn or other proper place on the said premises, and in convenient time appraise, sell, and dispose of the same, towards satisfaction of the said rent, and of the charges of such distress, appraisement, and sale, according to the form of the statute in such case made and provided.

· Take notice, that by the order and on behalf of the like for C. D., I have this day taken and distrained in and the arrears of upon the farm and lands called in your occupa- a rent-charge. tion, in the parish of , in the county of , all the corn, grain, and effects, in the inventory here. under-written mentioned, for the sum of L. , being

years' annuity, or rent-charge, of L. per annum, due to the said C. D. at

last, and charged on, and issuing and payable out of certain manors, farms, lands, and premises, called in the said parish of , in the county of aforesaid, of which the farm and lands first above mentioned are part and parcel. And that unless the said arrears of the said annuity, or rent-charge, together with the expenses of this distress, are paid and satisfied, the said corn, grain, and effects, will be disposed of according to law. Dated, &c.

E. F. To Mr. A. B., and all to

whom it may concern.

OBSERVATIONS ON DISTRESS FOR RENT.

The distress must not be taken until the morning The time for after the day the rent becomes due.

taking. The distress will be wrongful if taken after a ten- When wrongder of the rent, even if made on the land when the ful. landlord comes to distrain. 2 Inst. 107.

If any distress shall be made for rent in arrear, When no when none in fact is due, the owner may recover"

rent is due,

Inade in the

destinely car. ried away.

and distress double the value, with cosis. 2 W. and M. sess. I,

C. 5, s. 5. Tools of a The tools, utensils, or instruments of a man's trade

or profession, though in general privileged from distress for rent, may be distrained if not in actual use at the time, and no other sufficient distress can be found on the premises. Co. Lit. 47, a; Simpson E.

Hartop, Wil. 512; Garton o. Falker, 4 T. R. 565. Cannot be Distress for rent cannot be made in the night. 1

Inst. 142, (a.) night. When clan- Goods fraudulently or clandestinely carried off the

premises, after the rent becomes due, may, if they are the property of the tenant," be distrained by the landlord, or the person he authorizes, within thirty days after removal, by virtue of the II Geo. II., c. 19; but to justify such distress, the goods must have been removed secretly, and not openly, in the face of day, otherwise it has been decided not to be clandestine; and, consequently, not within the meaning of the act. Watson c. Main, 3 Esp. 15; 2 Saund.

284, n. 2. As to irregu- If the party distraining be guilty of any irregularity larity.

the distress will not be unlawful, but the party injured may recover satisfaction for the special damage in an action of trespass, or on the case, with full costs, (11 Geo. II., c. 19:) but by ib. s. 20, tender of amends before action brought will prevent the tenant recovering.

? Thornton o. Adams, 5 M. and S. 38.

« PreviousContinue »