No. III. c. 94. missioners, or the lord mayor, or any one or more of the aldermen of the said city, by the confession of the party offending or by the oath of 5 & 6 W. 4, any credible witness or witnesses, be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party or parties offending, by warrant under the hand and seal of such commissioners, lord mayor, or alderman; and the overplus (if any), after such penalties, forfeitures, and fines, and the charges of such distress and sale, are deducted, shall be returned, upon demand, unto the owner or owners of such goods and chattels; and the monies arising by such penalties, forfeitures, and fines respectively, when paid and levied (if not otherwise directed to be applied by this act), shall be from time to time paid, one moiety to the informer, and the other moiety to the clerk to the commissioners, and shall be by the said commissioners distributed amongst the poor of the several parishes and places within the jurisdiction of the said court of requests; and in case such penalties, forfeitures, and fines respectively shall not be paid forthwith upon conviction, then it shall be lawful for such commissioners, lord mayor, or alderman to order the offender or offenders so convicted to be detained in safe custody until return can be conveniently made to such warrant or warrants of distress, unless the said offender or offenders shall give sufficient security to the satisfaction of such commissioners, lord mayor, or alderman for his, her, or their appearance before them or him on such day or days as shall be appointed for the return of such warrant or warrants of distress, such day or days not being more than eight days from the time of taking any such security, and which security such commissioners, lord mayor, and alderman are and is hereby empowered to take by way of recognizance or otherwise, as to them or him shall seem right and proper; but if upon return of such warrant or warrants it shall appear that no sufficient distress can be had thereupon, or in case it shall appear to the satisfaction of such commissioners, lord mayor, or alderman, either by the confession of the offender or offenders, or otherwise, that he, she, or they hath not nor have goods and chattels within the jurisdiction of such commissioners, lord mayor, or alderman, sufficient whereon to levy all such penalties, forfeitures, and fines, costs and charges, such commissioners, lord mayor, or alderman may, at their or his discretion, without issuing any warrant of distress, commit the offender or offenders to the common gaol or house of correction of the said city, there to remain without bail or mainprize for any time not exceeding three calendar months nor less than ten days, unless such penalties, forfeitures, and fines, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied. LVIII. That in all cases in which by this act any penalty or for- Justices may teiture is made recoverable by information before any commissioners, proceed by lord mayor, or alderman, it shall be lawful for any commissioners, lord summons in the mayor, or alderman to whom complaint shall be made of any offence recovery of peagainst this act, to summon before them or him the party complained nalties. against, and on such summons to hear and determine the matter of such complaint, and on proof of the offence to convict the offender, and to adjudge him or her to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing shall have been exhibited before them or him; and all such proceedings by summons without information in writing shall be as valid and effectual to all intents and purposes as if an information in writing had been exhibited. LIX. That in all cases where any conviction shall be had for any Form of conoffence or offences committed against this act the form of conviction viction. shall be in the words or to the effect following; (that is to say,) No. III. c. 94. ' city of London, [or before of the com 5 & 6 W. 4, missioners for the recovery of small debts within the city of London and liberties thereof,] of having [as the offence may be]; and I [or we] the said do adjudge him [her or them] 'to forfeit and pay for the same the sum of given under my hand and seal [or our hands and seals] the day and ' year aforesaid." Distress not LX. That where any distress shall be made for any sum of money to unlawful for be levied by virtue of this act the distress itself shall not be deemed want of form. unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the information, summons, conviction, warrant of distress, or other proceeding relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio on account of any irregularity which shall afterwards be done by the party or parties so distrained, but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damage in an action upon the case. Proceedings not to be quashed for want of form. amends. LXI. That no order, verdict, or judgment, or other proceeding, made touching or concerning any of the matters aforesaid, or the conviction of any of the offender or offenders against this act, shall be quashed or vacated for want of form. Plaintiffs not to LXII. That no plaintiff or plaintiffs shall recover in any action to be recover without commenced against any person or persons for any thing done in purnotice, or after suance of this act unless notice in writing shall have been given to the tender of defendant or defendants, and also to the clerk for the time being of the said commissioners, forty-two days before such intended action, signed by the attorney for the plaintiff or plaintiffs, specifying the cause of such action; nor shall the plaintiff or plaintiff's recover in any such action if tender of sufficient amends shall have been made to him, her, or them, or to his, her, or their attorney, by or on the behalf of the defendant or defendants before such action brought; and in case no such tender shall have been made it shall be lawful for the defendant or defendants in any such action, by leave of the court, after such action shall have been brought, at any time before issue joined, to pay into court such sum of money as he, she, or they shall think fit, whereupon such proceedings, order, and judgment shall be made and given in and by such court as in other actions where the defendant is allowed to bring money into court. Limitation of actions. Expences of obtaining and passing this act how to be paid. Commencement of this act. LXIII. Provided always, That no action or suit shall be commenced against any person or persons for any thing done in pursuance of this act after three calendar months next after the fact committed; and every such action or suit shall be brought and tried in the city of London, and not elsewhere; and if any such action shall be brought before forty-two days' notice shall have been given, or after sufficient satisfaction made or tendered as aforesaid, or after the time limited for bringing the same as aforesaid, or shall be brought elsewhere than as aforesaid, then and in every such case the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against such plaintiff or plaintiffs, then and in every such case the defendant or defendants shall recover his, her, or their costs, and have such remedy for recovering the same as any defendant hath for costs of suit in other cases by law. LXIV. That the charges and expences attending the obtaining and passing of this act shall be paid and defrayed by, from, and out of the monies which shall from time to time been or hereafter shall be paid in the chamber of London on account of the business transacted in the said court of requests. LXV. That this act shall commence and take effect from and after the thirtieth day of September one thousand eight hundred and thirty-five. No. III. 5 & 6 W. 4, c. 94. LXVI. Provided always, That at the expiration of six calendar months next after any general act shall be passed for the recovery of small debts, and the operation of which general act shall extend to the This act to said city and liberties, every clause, matter, and thing in this act con- cease on the tained which shall extend or be construed to extend to give the commis- passing of any sioners hereby appointed any such local or separate jurisdiction shall general act. cease and determine. LXVII. That this act shall be deemed to be a public act, and Public act. shall be judicially taken notice of as such by all judges, justices, and others. PART IV. CLASS XVII. STATUTES RELATING TO PERSONAL LIBERTY. [There has been no recent enactment upon this subject.] PART IV. CLASS XVIII. REAL ACTIONS. [By the recent statute of limitations, 3 and 4 W. 4, c. 27, s. 36, all real or mixed actions, (except a writ of right of dower, or writ of dower unde nihil habet, or a quare impedit, or an ejectment,) and all plaints in the nature of such actions, except a plaint for freebench or dower, are abolished. See the clause and the other provisions of the act, ante, Part IV., Class VIII., Limitation of Actions.] PART IV. CLASS XIX. 8 Ann. c. 17. DISTRESS, REPLEVIN, AND MATTERS RELATING TO LAND- [No. I.] 11 G. IV. c. 11.—An Act for extending certain WHEREAS by an act passed in the eighth year of the reign of her late Majesty queen Anne, intituled An Act for the better Security of Rents, and to prevent Frauds committed by Tenants, it was enacted, That from and after the day therein named no goods or chattels whatsoever, lying or being in or upon any messuage, lands, or tenements which were or should be leased for life or lives, term of years, at will, or otherwise, should be liable to be taken by virtue of any execution on any pretence whatsoever, unless the party at whose suit the said execution was sued out should, before the removal of such goods from off the said premises by virtue of such execution or extent, pay to the landlord of the said premises, or his bailiff, all such sum or sums of money as were or should be due for rent for the said premises at the time of taking such goods or chattels by virtue of such execution, provided the said arrears of rent did not amount to more than one year's rent; and in case the said arrears should exceed one year's rent, then the said party at whose suit such execution was sued out, paying the said landlord or his bailiff one year's rent, might proceed to execute his judgment as he might have done before the making of that act; and the sheriff or other officer was thereby empowered and required to levy and pay to the plaintiff as well the money so paid for rent as the execution money: And whereas the said provision in the case of an execution does not extend to the case of certain process used within the county palatine of Durham and Sadberge, issuable from the courts of the said county palatine, or some or one of them, called a writ of pone per vadios, and a writ of extract thereon, by reason of such process not being an execution; for No goods shall remedy whereof, be it enacted, &c., That from and after the passing of be removed by this act no goods or chattels whatsoever, lying or being in or upon any virtue of any messuage, lands, or tenements within the said county palatine of Durham writ unless the and Sadberge, which are or shall be leased for life or lives, term of party suing shall, before removal of goods, pay the rent due to the landlord. or of years, at will, or otherwise, shall be liable to be attached, removed, assigned, delivered over, or sold by virtue of any writ of pone per vadios, any writ of extract thereon, to be issued from the courts of the said county palatine, or any of them, on any pretence whatsoever, unless the party at whose suit any such writ is sued out shall, before the removal of such goods from off the said premises by virtue of any such writ of pone or writ of extract, or of either of them, or of any proceeding either by consent for sale or otherwise under such writs or either of them, pay to the landlord of the said premises, or his bailiff, all such sum or sums (1) This act was passed in consequence of a decision of the court of King's bench, that the statute 8 Anne, c. 17, did not extend to the case of goods seised by the sheriff by virtue of a pone per vadios issued out of the court of pleas at Durham, and afterwards sold under a writ of extract. See Brandling v. Barrington, 6 B. & C. 467. No. I. of money as are or shall be due for the said premises at the time of the attaching or of the removal of such goods or chattels by virtue of such 11 G. 4, c. 11. writ of pone per vadios or extract; provided the said arrears of rent do not amount to more than one year's rent; and in case the said arrears shall exceed one year's rent, then the said party at whose suit such writ of pone per vadios or extract is sued out, paying to the said landlord or his bailiff one year's rent, may proceed to execute his said writs as he might have done before the passing of this act; and the said party at whose suit such writ of pone per vadios or extract is sued out is hereby empowered, by and out of the said goods or chattels, to recover or otherwise to repay to himself as well the money so paid for rent as the money due or payable to him under or by virtue of such writs or either of them. II. Provided always, and it is hereby enacted and declared, That Act not to affect nothing in this act contained shall extend or be construed to extend to debts due to let, hinder, or prejudice his Majesty, his heirs or successors, in the the king. levying, recovering, or seizing any debts, fines, penalties, or forfeitures that are or shall be due, payable, or answerable to his Majesty, his heirs, or successors; but that it shall and may be lawful for his Majesty, his heirs and successors, to levy, recover, and seize such debts, fines, penalties, and forfeitures in the same manner as if this act had never been made; any thing in this act contained to the contrary thereof in anywise notwithstanding. [No. II.] 2 W. IV. c. 17.-An Act to repeal an Act passed WHEREAS an act was passed in the seventh year of the reign of his 7 G. 4, c. 29. &c., That the said recited act be and the same is hereby repealed from Recited act and after the first day of May in the year of our Lord one thousand repealed. eight hundred and thirty-two, save and except as herein-after otherwise provided. II. That where lands or tenements in Ireland are or shall be holden Where lands by virtue of any lease, instrument, or agreement in writing, which are held under lease, agreement, or instrument doth or shall contain any condition, lease containing a covenant clause, or covenant prohibiting, controlling, or regulating the assignment or subletting of the lands or tenements demised or agreed to be against subletting, no future demised thereby, or of any part thereof, no act, matter, or thing whatever act of the landhereafter to be done or acquiesced in by the lessor or lessors, person or lord shall be persons contracting to lease by such deed, instrument, or agreement, deemed a or by his or their heirs, executors, administrators, or assigns, shall be waiver of such deemed, taken, or construed in any court of law or equity to be or covenant unless amount to a waiver of the benefit of any such condition, clause, or cove- he be a party nant; and that in any action or actions for the breach of any such con- to the instrudition, clause, or covenant, the benefit of which condition, clause, or covenant has not been heretofore waived, such lessor or lessors, contracting party or parties, and his and their heirs, executors, administrators, and assigns, shall be entitled to recover the possession of such lands or tenements by virtue of any such condition, or any penalty for such future breach of any such condition, clause, or covenant, accord ment of sublet- |