| Volume 194, Page 775 View pdf image (33K) |
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2 W. & M. CAP. 5, SALES OF DISTRESS. 775 may lawfully sell the Goods and Chattels so distrained for the best price can be gotten for the same, towards Satisfaction of the Rent for which the said Goods and Chattels shall be dis- trained, and of the Charges of such Distress, Appraisement, and Sale, leaving the Overplus (if any) in the Hands of the said Sheriff, Under Sheriff, or Constable, for the Owners use. III. And whereas no Sheaves or Cocks of Corn loose or in the Straw, or Hay in any Barn or Granary, or in any Hovel, Stack, or Rick, can by the Law be distrained, or otherwise secured for Rent, whereby Landlords are oftentimes cousened and deceived by their Tenants, who sell their Cora, Grain, and Hay to Strangers, and remove the same from the Premisses chargeable with such Rent, and thereby avoid the payment of the same; be it further enacted by the Authority aforesaid, That for remedying the said practice, and deceit, it shall and may, from and after the said First day of June. be lawful to and for any Person or Persons having Rent, Arrear, and Due upon any such Demise, Lease, or Contract as aforesaid, to seize and secure any Sheaves or Cocks of Corn, or Corn loose or in the Straw, or Hay lying or being in any Barn or Granary, or upon any Hovel, Stack, or Rick, or otherwise upon any part of the Land or Pound (Ground) charged with such Rent, and to lock up or detain the same in the place where the same shall be found, for or in the nature of a Distress, until the same shall * be replevied upon such Security to be given as aforesaid; 569 and in default of replevying the same as aforesaid, within the time aforesaid, to sell the same after such Appraisement thereof to be made; so as nevertheless such Corn, Grain, or Hay so dis- trained, as aforesaid, be not removed by the Person or Persons distraining, to the damage of the Owner thereof, out of the Place where the same shall be found and seized, but be kept there (as impounded) until the same shall be replevied, or sold, in default of replevying the same within the time aforesaid. IV. And be it further enacted by the Authority aforesaid, That upon any Pound-breach or Rescous of Goods or Chattels distrained for Rent, the Person or Persons grieved thereby shall, in a special Action upon the Case for the Wrong thereby sustained, recover his and their Treble Damages and Costs of Suit against the Offender or Offenders in any such Rescous or Pound-breach, any or either of them, or against the Owners of the Goods distrained, in case the same be afterwards found to have come to his Use or Possession. |
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| Volume 194, Page 775 View pdf image (33K) |
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