clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 670   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

6,70 17 CAR. 2, CAP. 7, REPLEVIN.
and of the value of the goods distrained, and thereupon the defendant is
entitled to final judgment for the arrearages of such rent, if the goods
be of that value, or to the value of the goods if less than the rent. Where
the plaintiff is nonsuit at the trial, or there is a verdict against him, the
same jury find the arrearages and value of the goods, nor is it necessary
that the avowant should pray that they should do so, Dorsey v. Hays, 7
H. & J. 370, and, as has been said, there can be no judgment under the
Statute if the jury do not find both; see also Sheape v. Culpepper, 1 Lev.
256. But the Statute relates to rent-arrear only, and therefore, in other
cases, an enquiry may be granted to supply omissions of the jury at the
trial, see Dewell v. Marshall, 2 W. Black. 921, where there was a defec-
tive verdict in replevin for distress on a poor-rate; and so in the case of
an avowry for distress damage feasant, Humphreys v. Misdale, Comb. 11.
In case of the avowant succeeding on demurrer, the act only requires an
inquiry of the value of the distress (saying nothing of the arrearages),
the reason being that the demurrer admits the amount of rent to be as
stated in the avowry. Pool v. Longuevill, 2 Wms. Saund. 286, n. 5. But,
in other cases, the defendant should be prepared to prove to the jury both
the amount in arrear and the value of the goods, and that the plaintiff
was in possession during the time for which rent is claimed. It lies with
the latter to prove that any of the rent has been paid.
In the index to the notes to Wms. Saund. will be found a table of the pro-
ceedings in such cases, which it may be convenient to copy here.
In case of demurrer found for defendant:

Under Stat. 17 Car. 2
At common law,
a writ of inquiry into the value, &c., judg-
ment for arrears alleged in case, &c., and
costs; execution by fi. fa.
a writ for a return irreplevisable, and judg-
ment for damages and costs, found by a
writ of inquiry; execution for the latter
by fi. fa.

 

In case of verdict for defeendant
Under Stat. 17 Car. 2,
At common law,
the jury who try the issue find the value
and arrears; judgment for the arrears in
case, &c., and costs; execution by fi. fa.
same as demurrer, but the jury find the
costs, &c.

 

In case of nonsuit before issue joined
Under Stat. 17 Car. 2,
At common law,

a suggestion in nature of an avowry, and
writ of inquiry into the value and arrears;
judgment for arrears in case, &c., and costs;
execution by fi. fa.
same as in demurrer, but goods not irre-
plevisable; a suggestion, &c., if before
avowry.

 

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 670   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives