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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 992   View pdf image (33K)
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992 11 GEO. 2, CAP. 19, AVOWBY, &c.
shall be made for any Kind of Eent justly due, and any
Irregularity or unlawful Act shall be afterwards done by the
Party or Parties distraining, or by his, her, or their Agents;
the Distress itself shall not be therefore deemed to be unlawful,
nor the Party or Parties making it be deemed a Trespasser or
Trespassers ab initio; but the Party or Parties aggrieved by
such unlawful Act or Irregularity shall or may recover full
Satisfaction for the special Damage he, she, or they shall have
sustained thereby, and no more, in an Action of Trespass or
on the Case at the Election of the Plaintiff or Plaintiffs:
Provided always, That where the Plaintiff or Plaintiffs shall
recover in such Action, he, she, or they shall be paid his, her,
or their full Costs of Suit, and have all the like Remedies for
the same as in other Cases of Costs.
742* XX. Provided nevertheless, That no Tenant or Tenants,
Lessee or Lessees, shall recover in any Action for any such
unlawful Act or Irregularity as aforesaid, if Tender of Amends
hath been made by the Party or Parties distraining, his, her
or their Agent or Agents, before such Action brought.
XXI. And be it further enacted by the Authority aforesaid,
That from and after the said Twenty fourth Day of June, One
thousand seven hundred and thirty eight, in all Actions of
Trespass or upon the Case to be brought against any Person or
Persons intitled to Rents or Services of any Kind, his, her, or
their Bailiff or Receiver, or other Person or Persons, relating
to any Entry by virtue of this Act, or otherwise, upon the
Premisses chargeable with such Rents or Services, or to any
Distress or Seizure, Sale or Disposal of any Goods or Chattels
thereupon; it shall and may be lawful to and for the Defen-
dant or Defendants in such Actions to plead the General Issue,
and give the special Matter in Evidence; any Law or Usage
to the contrary notwithstanding: And in case the Plaintiff or
Plaintiffs in such Action shall become nonsuit, discontinue his,
her, or their Action, or have Judgment against him, her, or
them, the Defendant or Defendants shall recover double Costs
of Suit.
XXII. And whereas great Difficulties often arise in making
Avowries or Coouzance upon Distresses for Kent, Quit-rents,
Belief, Heriots, and other Services; be it further enacted by
the Authority aforesaid, That from and after the said Twenty
fourth Day of June. One thousand seven hundred and thirty

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 992   View pdf image (33K)
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