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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 964   View pdf image (33K)
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964 5 GEO. 2, CAP. 7, EXECUTION.
terns, reserving a new rent to himself exceeding that reserved in the
original lease, it seems to have been thought that the excess was a rent-
seek. If the termor only under-lease, he may of course either sue or dis-
train.
VI. "The intention of the legislature in framing the concluding' clause in
this section was to place all parties, as to every matter, in the same situa-
tion as if no surrender had taken place. Whether the words they have
used are sufficient to effectuate that intention or not (though I should
rather think they are), it is not necessary now to pronounce an opinion,"
per Lord Tenterden in Doe v. Marchetti, 1 B. & Ad. 715, in which it was
insisted, where premises were demised and under-let, and the first tenant
surrendered and took a new lease with similar covenants, the under-tenant
continuing in possession and never having surrendered, that special cove-
nants in the new lease, co-extensive with those in the old (as not to erect
new buildings without leave), could not be enforced by the first landlord
against such under-tenants as "duties reserved" by the second lease. And
see Cousins v. Phillips, 35 L. J. Exch. 84.20
20 Also Ecclesiastical Com'rs. v. Treemer, (1893) 1 Ch. 166.
716 STATUTES
Made at WESTMINSTER, Anno Begni GEORGII II. quinto and
A. D. 1732.
CAP. VII.
An Act for the more easy Recovery of Debts in his Majesty's Plantations
and Colonies in America.
IV. And be it further enacted by the Authority aforesaid,
That from and after the said Twenty ninth Day of September
One thousand seven hundred and thirty two, the Houses, Lands
Negroes, and other Hereditaments, and real Estates, situate
or being within any of the said Plantations belonging to an,
Person indebted, shall be liable to, and chargeable with, a]
just Debts, Duties, and Demands of what nature or kind soevel
owing by any such Person to his Majesty, or any of his Sub-
jects, and shall and may be Assets, for the Satisfaction thereo
in like manner as real Estates are by the Law of England liab]
to the Satisfaction of Debts due by Bond, or other special!

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 964   View pdf image (33K)
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