If rent still remain due after the goods under distress have been sold, an action may be brought for such remaining rent (Philpott v. Lehain, 35 L. T. 855), but not until the goods have been sold, however insufficient the distress may have been: Lehain v. Philpott, L. R. 6 Ex. 242; 44 L. J. Ex. 225. 2 W. & M. c. 5. corn or corn loose or in the straw, and hay in the stack, or upon the barn or land, may be secured nature of in the a distress (but not removed); replevied may be and if not in due time appraised and sold. 2. And whereas no sheaves or cocks of corn, loose or in Sheaves of the straw, or hay in any barn or granary, or on 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 corn, grain, and hay to strangers, and remove the same from the premises 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 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; 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 distrained 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. 2 W. & M. c. 5. Remedy for pound breach or rescous of distrained for rent. "Sheaves or cocks.”—This statute only gives power to distrain corn loose, &c., as described. A power to distrain standing crops is given by 11 Geo. 2, c. 19, s. 8, p. 159, post. "Lock up or detain."-As to "impounding on the premises," see 11 Geo. 2, c. 19, s. 10, p. 161, post. 3. And be it further enacted by the authority aforesaid, that upon any pound breach or rescous of goods or chatgoods, &c. tels 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. Remedy for unlawful distress and sale of "Treble damages."-Treble damages are still recoverable, but for treble costs must be substituted, by virtue of 5 & 6 Vict, c. 97, s. 2, “such full and reasonable indemnity as to all costs, charges and expenses incurred as shall be taxed by the proper officer;" as to whether the costs are in the discretion of the Court under R. S. C. Order LXV.; see note to 11 Geo. 2, c. 19, s. 20, post. 4. Provided always, and be it further enacted, that in case any such distress and sale as aforesaid shall be made, goods, &c. by virtue or colour of this present Act, for rent pretended to be arrear and due, where in truth no rent is arrear or due to the person or persons distraining, or to him or them in whose name or names or right such distress shall be taken as aforesaid; that then the owner of such goods or chattels distrained and sold as aforesaid, his executors or administrators, shall and may, by action of trespass, or upon the case, to be brought against the person or persons so distraining, any or either of them, his or their executors or administrators, recover double of the value of the goods or chattels so distrained and sold, together with 2 W. & full costs of suit. "And sold.”—It is material to observe that the double value is not recoverable unless there has been an actual sale. If the goods be restored before sale only ordinary damages for illegal distress could be recovered. M. c. 5. [4 Geo. 2, c. 28.] An Act for the more effectual preventing Frauds committed by Tenants, and for the more Easy Recovery of Rents and Renewal of Leases. over lands holding &c., after expiration of leases, to pay double the value. FOR securing to lessors and landowners their just rights, Persons and to prevent frauds frequently committed by tenants, Be it enacted, that in case any tenant or tenants for any term of life, lives, or years (1), or other person or persons, who are or shall come into possession of any lands, tenements, or hereditaments by, from, or under, or by collu- yearly sion with such tenant or tenants, shall wilfully (2) hold over any lands, tenements, or hereditaments after the determination of such term or terms, and after demand made, and notice in writing (3) given, for delivering the possession thereof, by his or their landlords or lessors, or the person or persons to whom the remainder or reversion of such lands, tenements, or hereditaments shall belong, his or their agent (4) or agents thereunto lawfully authorized; then and in such case such person or persons so holding over shall, for and during the time he, she, and they shall so hold over or keep the person or persons entitled (5) out of possession of the said lands, tenements, and hereditaments as aforesaid, pay to the person or persons so kept out of possession, their executors, adminis 4 Geo. 2, trators, or assigns, at the rate of double the yearly value (6) c. 28. of the lands, tenements, and hereditaments so detained, for so long time as the same are detained, to be recovered in any of His Majesty's Courts of Record, by action of debt whereunto (7) the defendant or defendants shall be obliged to give special bail, against the recovery of which said penalty there shall be no relief in equity. The present section refers to the landlord's notice to quit and gives double value. As to double rent for holding over after notice to quit by tenant, see 11 Geo. 2, c. 19, s. 18, post. (1) "Term of years."-A weekly tenant is of course not within the Act (Lloyd v. Rosbee, 2 Camp. 453), and it is submitted that a tenant from year to year is not within it either. (2) “ Wilfully.”—Neither holding over under a bonâ fide mistake (Soulsby v. Neving, 9 East, 313) nor under a bonâ fide claim of right (Swinfen v. Bacon, 30 L. J. Ex. 33; 6 H. & N. 184) are within the Act. (3) "Notice in writing." See Wilkinson v. Colley, 5 Burr. 2694; Hirst v. Horn, 6 M. & W. 393; Page v. Moore, 15 Q. B. 684. (4) "Agent.”—A receiver may give the notice (Wilkinson v. Colley, 5 Burr. 2694). (5) "Persons entitled."-An incoming tenant, having a new lease to commence from the expiration of that of the outgoing one, does not satisfy these words (Blatchford v. Cole, 5 C. B. N. S. 514; 28 L. J. C. P. 140). 66 (6) "Double value." See Robinson v. Learoyd, 7 M. & W. 48. (7) Whereunto, &c."-These remaining words refer to an obsolete procedure. [11 Geo. 2, c. 19.] An Act for the more effectual securing the payment of Rents, and preventing Frauds by Tenants. WHEREAS the several laws heretofore made for the better security of rents, and to prevent frauds committed by tenants, have not proved sufficient to obtain the good ends and purposes designed thereby, but rather the 11 Geo. 2, c. 19. fraudulent practices of tenants, and the mischief intended by the said Acts to be prevented, have of late years increased, to the great loss and damage of their lessors or landlords: For remedy whereof may it please your most Excellent Majesty that it may be enacted; and be it enacted by, &c. [Sections 1 to 7 give power to the landlord to distrain goods fraudulently removed from the demised premises.] stock or cattle on any or on common growing crops. 8. And be it further enacted by the authority afore- Distress on said, that from and after the said twenty-fourth day of June which shall be in the year of our Lord one thousand seven hundred and thirty-eight, it shall and may be lawful to and for every lessor or landlord, lessors or landlords, or his, her, or their steward, bailiff, receiver, or other person or persons empowered by him, her, or them, to take and seize, as a distress for arrears of rent, any cattle or stock of their respective tenant or tenants feeding or depasturing upon any common appendant or appurtenant or any ways belonging to all or any part of the premises demised or holden, and also to take and seize all sorts of corn and grass, hops, roots, fruits, pulse, or other product whatsoever which shall be growing on any part of the estates so demised or holden, as a distress for arrears of rent, and the same to cut, gather, make, cure, carry, and lay up, when ripe, in the barns or other proper place on the premises so demised or holden, and in case there shall be no barn or proper place on the premises so demised or holden, then and in any other barn or proper place which such lessor or landlord, lessors or landlords, shall hire or otherwise procure for that purpose, and as near as may be to the premises, and in convenient time to appraise, sell, or otherwise dispose of the same towards |