place and time to be posted up 6 days previous to such sale, in the next market town to such place, at the usual place in such market town for posting up public notices And the price for which such distress shall be, bona fide, then and there sold, shall be deemed, between such parties, and all deriving under them, the full value; and such value shall not be afterwards questioned in any court of law or equity; and in case such distress shall be sold for more than is due, the overplus, after deducting all necessary expenses attending the taking and selling such distress, shall be paid over to the person from whom such distress shall be taken. upon common s. 8. Eng. s. 10. Distress may be These words not in the 15 Geo. 2. c. 8. By the 11 Geo. 2. c. 19. s. 8. Eng. every lessor or Distress may be landlord, his steward, &c. may take as a distress for rent, appendant, &c. any cattle or stock of their tenants depasturing upon any 11Geo. 2. c.19. common, appendant or appurtenant, or belonging to all or any part of the premises demised. And by s. 10. any person taking any distress for rent may impound or secure the distress on such place or part of the premises, appraised, &c. chargeable with the rent, as shall be most convenient, on the premises. and appraise, sell, and dispose of the same, upon the premises, as any person may do off the premises [* by virtue of the 2 W. & M. st. 1. c. 5. Eng.]; and it shall be lawful for any person to come and go to and from such part of the premises to view, appraise, and buy; and also to carry off the same on account of the purchaser ; and if any pound-breach or rescue be made of goods. distrained for rent secured by virtue of this act, the person aggrieved shall have like remedy as in cases of pound-breach or rescue [by the 2 W. & M. st. 1. c. 5. Eng. post.] The 15 Geo. 2. c. 8. Ir. contains similar 15 Geo. 2. c. 8. clauses (s. 5 & 6.) with such variation only as is noted in the margin. Ir. s. 5 & 6. Ir. pound-breach or c. 5. s. 4. Eng. By the 2 W & M. st. 1. c. 5. s. 4. Eng, upon any Penalty for pound-breach or rescue of goods distrained for rent, re cue. the person grieved shall, in a special action upon the 2 W. & M. st.1. case, recover treble damages and costs against the offender, or against the owner of the goods if they come to The 7 W. 3. c. 22. Ir. contains a similar pro 7 w. 3. c. 22. s. 6. Ir. 4 Geo. 1. c. 5. Ir. vision. And by the 4 Geo. 1. c. 5. Ir. where any distress shall be taken by landlord or lessor, or by any person authorized; if such distresss, or any part thereof, be rescued, every person so rescuing being convicted thereof shall be committed in execution by the court before whom such conviction shall be, for such fine as the court shall think reasonable; and in case the party shall not pay such fine to the sheriff of the county, within one month after such commitment, he shall be conveyed by the sheriff to the house of correction, or some workhouse in said county, and kept at hard labour for any time not less than 3 months, nor exceeding 6 months, according to the discretion of the judges or justices, &c. 8 Geo. 1. c. 2. And the 8 Geo. 1. c. 2. s. 8. Ir. further provides, that if s. 8. Ir. cue. s. 9: any distress lawfully taken for rent, or services, or other legal dues, be rescued; if the person on whose behalf such distress was taken, or any person employed in taking such distress, shall, within 14 days after such Jurisdiction of rescue, make oath thereof before a justice of peace of the justices of peace in cases of res- county where such rescue shall have been committed, such justice shall by warrant order one constable, or more, to assist to distrain again for said rents, &c. and to take with him a number of persons sufficient to secure and convey the distress to some lawful pound. Provided (s. 9.) that before any justice shall grant such warrant, there shall be deposited in his hand a reasonable sum to satisfy such constable, and his assistants, for their trouble in executing such warrant, after the service performed; which money so paid shall in the first place be deducted out of the money arising by the sale of such distress, in case the same shall be sold; or otherwise be levied by distress and sale, as in case of a distress for rent; or by civil bill against the person owing the rent, &c.; with costs of suit. And by s. 10. if it shall appear upon oath to any justice of peace of the county or place where any hay or corn shall be lawfully distrained, that the same is in great danger of being rescued, or unlawfully taken away, such justice shall by warrant order any constable of the same county to appoint a sufficient number of fit persons to watch and secure such corn, &c. until the same s. 10. might be sold, or delivered by law; and each person so appointed shall be paid such wages as such justice shall direct, not exceeding 1s. nor less than 6d. for one days attendance; nor less than 1s. nor more than 1s. 6d. for a day and a nights attendance, to any one person: Provided, that the person, at whose instance such warrant shall be granted, shall, before the granting of the same, deposit a sum in the hand of said justice sufficient for such payment, which payment such justice shall accordingly make as aforesaid; and one moiety thereof shall be at the charge of the party, on whose behalf such warrant was granted; and as to the other moiety satisfaction shall be made to the party who made the deposit, out of the money arising by the sale of such distress, in the first place, in case the same shall be sold; or otherwise by distress and sale, as in cases of distress for rent; or by civil bill against the person owing the rent, &c.; with costs of suit. By the 11 Geo 2. c. 19. s. 1. Eng. (which amends the Distress if frau 8 Ann. c. 14. s. 2 & 5. Eng.) in case any tenant, lessee ed away may be for life or lives, term of years, at will, sufferance* taken any or otherwise, of any lands, &c. upon the demise or 8 Ann, c. 14. holding whereof any rent is reserved, shall fraudulently. s. 2. 3. & 5. or clandestinely convey away from such premises his 11Geo.2 c. 19. goods, to prevent the landlord or lessort from distraining Eng. the same for arrears of such rent, such landlord, &c. or any person by him lawfully empowered, may, within 1" 30 days" next ensuing such conveying away, take such goods, wherever the same shall be found, as a distress for said rent; and sell or dispose of the same as if distrained upon such premises, and in such manner as by the 2 W & M, st. 1. c. 5. Eng. (ante page 3) Provided (s. 2.) that such goods shall not have been sold, bona fide, for a valuable consideration, before such seizure made, to any person not privy to such fraud. And by s. 3. if any such tenant shall "Or any person paying any rent charge, or fee-farmer," is added in 15 Geo. 2. c. 8. Ir. + Grantee of rent charge, or grantor of fee-farm" added in 15 Geo. 2. c. 8, "Twenty days" by the 15 Geo. 2. c. 8. s. 1. Ir. dulently convey where. s. 1. 2. & 3. s. 2. Proviso. 3, Penalty for Ir: s. 4. Eng. to. fraudulently re- shall fraudulently remove his goods, or wilfully and knowmoving distress. ingly aid or assist such tenant, &c. insuch fraudulent conveying away any part of his goods, or in concealing the same, such person shall forfeit to the landlord or lessor double the value of the goods so carried off or concealed, to be recovered by action of debt, in any court of re"Dublin" in cord at [*Westminster, or in the courts of sessions in 15 Geo. 2. c. 8. the counties palatine, or grand sessions in Wales], wherein &c. But the 11 Geo. 2. c. 19. Eng. further 11 Geo. 2. c.19. provides (s. 4.) that where the goods so carried off, &c. shall not exceed the value of £50. the landlord or lessor, Jurisdiction of his bailiff, servant, or agent, may exhibit a complaint in justices of peace in respect there- writing against such offender before 2 or more justices, of the same county or riding, residing near the place where such goods 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, examine the fact, and all proper witnesses upon oath or affirmation, and in a summary way determine whether such person be guilty of the offence; and inquire in like manner of the value of such goods; and upon proof of the offence, by order under their hands and seals, shall adjudge the offender to pay double the value of such goods to such landlord, his bailiff, &c. at such time as said justices shall appoint: And in case the offender, having notice of such order, shall refuse or neglect so to do, shall levy the same by distress, &c.; and for want of such distress, may commit the offender to the house of correction, there to be kept to hard labour for 6 months, unless the money so ordered shall be sooner satisfied. But by But by s. 5. any person aggrieved may appeal to the next general or quarter sessions, who shall determine such appeal, and give costs to either party; whose determination shall be final. And by s. 6. where the party appealing shall enter into a recognizance with surety in double the sum ordered, with condition to appear at such general or quarter sessions, the order of the justices shall not be executed in the mean time. The 15 Geo. 2. c. 8. Ir. s. 1. 2 & 3. Ir. contains clauses (s. 1. 2 & 3) corresponding to the s. 5. s. 6. 15 Geo. 2. c. 8. 11 Geo. s. 7. Eng. 11 Geo. 2. c. 19. s. 1. 2 & 3. supra; and by s. 4. also pro- Corresponding and analogous vides, that where the goods so fraudulently carried off or provisions. concealed shall not exceed the value of £20. the grantee of such rent charge, grantor of fee-farm, landlord or lessor, or his bailiff, servant or agent, may exhibit a complaint by civil bill, and upon proof of the offence, and of the value of the goods, the offender shall be decreed to pay double the value of the goods to such grantee of the rent charge, &c. with like execution and remedy by appeal as in other cases of civil bill. But the 11 Geo. 2. c. 19. s. 7. Eng. further provides, that where any 11Geo. 2. c. 19. goods fraudulently carried away by any tenant, his servant or agent, or other person assisting, shall be put Houses &c. may be broke open in in any house or place locked up or secured, so as to pre- search of distress vent such goods from being seized for rent, it shall be fraudulently lawful for the landlord, his steward, bailiff, receiver, or concealed. other person empowered by him, to scize for rent such goods, first calling to his assistance the constable, or other peace officer of the place where the same shall be suspected to be concealed, who are required to assist; and in case of a dwelling house (oath being also made before some justice of peace of a reasonable ground to suspect that such goods are there,) in the day time to break open and enter into such house or place, and seize such goods for the rent, as they might have done if such goods had been put in any open place. This clause has not been adopted or followed in the 15 Geo. 2. c. 8. Ir. nor by any other Irish Statute. taken away or passer ab initio s. 19. Eng. The 11 Geo. 2. c. 19. s. 19. Eng, recites, that it is Party distraina great hardship upon landlords and other persons di- ing not a tresstraining, that a distress duly made should be in effect by reason of subsequent irre. avoided for any subsequent irregularity, by making the gularity. party distraining a trespasser ab initio; and therefore 11 Geo. 2.c.19. enacts, that where any distress shall be made for any rent justly due, and any irregularity or unlawful act shall be afterwards done by the party distraining, or by his agents, the distress itself shall not be therefore deemed to be unlawful, nor the party a trespasser ab initio; but the party aggrieved shall receive full satis- But action For special damage. faction for the special damage sustained thereby, and no more |