Distress for Rent Act 1737
| Jurisdiction | UK Non-devolved |
| Citation | 1737 c. 19 |
| Year | 1737 |
(11 Geo. 2) C A P. XIX.
'WHEREAS the several Laws heretofore made for the better Security of Rents, and to prevent Frauds committed by Tenants, have not proved sufficient to obtain the good Ends and Purposes designed thereby, but rather the fraudulent Practicesof Tenants, and the Mischief intended by the said Acts to be prevented, have of late Years increased, to the great Loss and Damage of their Lessors or Landlords;' For Remedy whereof, may it please your most Excellent Majesty, that it may be enacted, and be it enacted by the King'smost Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the twenty-fourth Day ofJune in the Year of our Lord one thousand seven hundred and thirty-eight, in case any Tenantor Tenants, Lessee or Lessees, for Life or Lives, Term of Years, at Will, Sufferance, or otherwise, of any Messuages, Lands, Tenements, or Hereditaments, upon the Demise or holding whereof any Rent is or shall be reserved, due, or made payable, shall fraudulently or clandestinely convey away, or carry off or from such Premisses, his, her or their Goods or Chattles, to prevent the Landlord or Lessor, Landlords or Lessors, from distraining the same for Arrears of Rent so reserved, due, or made payable; it shall and may be lawful to and for every Landlord or Lessor, Landlords or Lessors, within that Part ofGreat Britain called England , Dominion of Wales , or the Town of Berwick upon Tweed , or any Person or Persons by him, her, or them for that Purpose lawfully impowered, within the Space of thirty Days next ensuing such conveying away or carrying off such Goods or Chattels as aforesaid, to take and seize such Goods and Chattels, wherever the same shall be found, as a Distress for she said Arrears of Rent; and the same to sell, or otherwise dispose of, in such Manner as if the said Goods and Chattels had actually been distrained by such Lessor or Landlord, Lessors or Landlords, in and upon such Premisses for such Arrears of Rent; any Law, Custom, or Usage to the contrary in any wise notwithstanding.
II unless sold to any Person not privy to the Fraud.
II. Provided always, That no Landlord or Lessor, or other Person intitled to such Arrears of Rent, shall take or seize any such Goods or Chattels as a Distress for the same, which shall be soldbona fide , and for a Valuable Consideration, before such Seizure made, to any Person or Persons not privy to such Fraud as aforesaid; any thing herein contained to the contrary notwithstanding.
III Penalty on the said Fraud, or assisting thereto.
III. And to deter Tenants from such fraudulent conveying away their Goods and Chattels, and others from wilfully aiding or assisting therein, or concealing the same; Be it further enacted by the Authority aforesaid, That from and after the said twenty-fourth Day ofJune , if any such Tenant or Lessee shall fraudulently remove and convey away his or her Goods or Chattels as aforesaid, or if any Person or Persons shall wilfully and knowingly aid or assist any such Tenant or Lessee in such fraudulent conveying away or carrying off of any Part of his or her Goods or Chattels, or in concealing the same; all and every Person and Persons so offending shall forfeit and pay to the Landlord or Landlords, Lessor or Lessors, from whose Estate such Goods and Chattels were fraudulently carried off as aforesaid, double the Value of the Goods by him, her, or them respectively carried off or concealed as aforesaid; to be recovered by Action of Debt in any of his Majesty's Courts of Record at Westminster , or in the Courts of Session in the Counties Palatine of Chester , Lancaster , or Durham respectively, or in the Courts of Grand Sessions in Wales , wherein no Essoin, Protection, or Wager of Law shall be allowed, nor more than one Imparlance.
IV If the Goods exceed not the Value of 50 l. Landlord to have Recourse to 2 Justices.
IV. Provided always, and be it enacted by the Authority aforesaid, That where the Goods and Chattels so fraudulently carried off or concealed shall not exceed the Value of fifty Pounds, it shall and may be lawful for the Landlord or Landlords, from whose Estate such Goods or Chattels were removed, his, her, or their Bailiff, Servant, or Agent, in his, her or their Behalf, to exhibit a Complaint in Writing against such Offender or Offenders, before two or more Justices of the Peace of the same County, Riding or Division of such County, residing near the Place whence such Goods and Chattels were removed, or near the Place where the same were found, not being interested in the Lands or Tenements whence such Goods were removed; who may summon the Parties concerned, examine the Fact, and all proper Witnesses, upon Oath, or if any such Witness be one of the People calledQuakers , upon Affirmation required by Law; and in a summary Way determine, whether such Person or Persons be guilty of the Offence, with which he or they are charged; and to enquire in like Manner of the Value of the Goods and Chattels by him, her or them respectively so fraudulently carried off or concealed as aforesaid; and, upon full Proof of the Offence, by Order under their Hands and Seals, the said Justices of Peace may and shall adjudge the Offender or Offenders to pay double the Value of the said Goods and Chattels to such Landlord or Landlords, his, her, or their Bailiff, Servant, or Agent, at such Time as the said Justices shall appoint: And in case the Offender or Offenders, having Notice of such Order, shall refuse or neglect so to do, may and shall, by Warrant under their Hands and Seals, levy the same by Distress and Sale of the Goods and Chattels of the Offender or Offenders; and for want of such Distress, may commit the Offender or Offenders to the House of Correction, there to be kept to hard Labour without Bail or Mainprize for the Space of six Months, unless the Money so ordered to be paid as aforesaid shall be sooner satisfied.
V Appeal from them to the Quarter Sessions.
V. Provided also, That it shall and may be lawful for any Person, who thinks himself aggrieved by such Order of the said two Justices, to appeal to the Justices of the Peace at their next General or Quarter Sessions to be held for the same County, Riding or Division of such County, who may and shall hear and determine such Appeal, and give such Costs to either Party as they shall think reasonable, whose Determination therein shall be final.
VI The 2 Justices Order, on such Appeal, not to be executed.
VI. Provided also, That where the Party appealing shall enter into a Recognizance with one or two sufficient Surety or Sureties in double the Sum so ordered to be paid, with Condition to appear at such General or Quarter Sessions, the Order of the said two Justices shall not be executed against him in the mean Time.
VII Landlords may break open Houses to seize Goods fraudulently secured therein;
VII. And be it further enacted by the Authority aforesaid, That where any Goods or Chattels fraudulently or clandestinely conveyed or carried away by any Tenant or Tenants, Lessee or Lessees, his, her, or their Servant or Servants, Agent or Agents, or other Person or Persons aiding or assisting therein, shall be put, placed, or kept in any House, Barn, Stable, Out-house, Yard, Close or Place locked up, fastened, or otherwise secured, so as to prevent such Goods or Chattels from being taken and seized as a Distress for Arrears of Rent; it shall and may be lawful for the Landlord or Landlords, Lessor or Lessors, his, her or their Steward, Bailiff, Receiver or other Person or Persons impowered to take and seize, as a Distress for Rent, such Goods and Chattels (first calling to his, her, or their Assistance the Constable, Headborough, Borsholder, or other Peace Officer of the Hundred, Borough, Parish, District or Place, where the same shall be suspected to be concealed, who are hereby required to aid and assist therein; and in case of a Dwelling-house, Oath being also first made before some Justices of the Peace of a reasonable Ground to suspect that such Goods or Chattels are therein) in the Day-time to break open and enter into such House, Barn, Stable, Out-house, Yard, Close, and Place, and to take and seize such Goods and Chattels for the said Arrears of Rent, as he, she or they might have done by virtue of this or any former Act, if such Goods and Chattels had been put in any open Field or Place.
VIII and may distrain Stock or Cattle on the Premisses, for Arrears of Rent.
VIII. And be it further enacted by the Authority aforesaid, That from and after the said twenty-fourth Day ofJune which shall be in the Year of our Lord one thousand seven hundred and thirty-eight, it shall and may be lawful to and for every Lessor or Landlord, Lessors or Landlords, or his, her or their...
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