No judg ment against unless he levies. 57 Geo. order shall be carried into effect, and levied and paid in 3, c. 93. such manner, and with like power of commitment, as is herein before directed as to the order and judgment founded on such original complaint: Provided always, that nothing herein contained shall empower such justice landlord, to make any order or judgment against the landlord personally for whose benefit any such distress shall have been made, unless such landlord shall have personally levied such distress: Provided always, that no person or persons who shall be aggrieved by any distress for rent, or by any proceedings had in the course thereof, or by any Parties not costs and charges levied upon them in respect of the same, shall be barred from any legal or other suit or remedy which he, she, or they might have had before the passing of this Act, excepting so far as any complaint to be preferred by virtue of this Act shall have been determined by the order and judgment of the justice before whom it shall have been heard and determined; and which order and judgment shall and may be given in evidence, under the plea of the general issue, in all cases where the matter of such complaint shall be made the subject of any action. barred of other legal remedies. Signature of the justice proof of judgment. Brokers to 5. And be it further enacted, that such orders and judgments on such complaints shall be made in the form in the schedule hereunto annexed, and may be proved before any Court by proof of the signature of the justice to such order and judgment; and such orders as regard persons who may have been summoned as witnesses shall be made in such form as to such justice shall seem most fit and convenient. 6. And be it further enacted, that every broker or give copies other person who shall make and levy any distress what of charges. 3, c. 93. soever shall give a copy of his charges, and of all the 57 Geo. costs and charges of any distress whatsoever, signed by him, to the person or persons on whose goods and chattels any distress shall be levied, although the amount of the rent demanded shall exceed the sum of twenty pounds. This section is of general application. As to charges under Act of 1883, see Schedule 2 of that Act, p. 150, ante. to be hung 7. And be it further enacted, that a fair printed Printed copy of this Act shall be hung up in some convenient copy of Act place in such halls or rooms where the justices of each and every county in England and Wales shall hold either their quarter or other sessions. up in Sessions House. SCHEDULE referred to in this Act. FORM of the order and judgment of the justice before whom complaint is preferred, where the order and judgment is for the complainant. In the matter of the complaint of A.B. against C.D. for a breach of the provisions of an Act of the fifty-seventh year of His Majesty King George the Third, intituled An Act [here insert the title of this Act] I, E.F. a justice of the peace for the county of and acting within the division of do order and adjudge that the said C.D. shall pay to A.B. the sum of as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A.B. under a distress for rent; and the for costs on this complaint. further sum of 3, c. 93. 57 Geo. FORM of the order and judgment of the justice, where he dismisses the complaint as unfounded, and with or without costs, as the case may be. In the matter of the complaint of A.B. against C.D. for the breach of the provisions of an Act of the fifty-seventh year of His Majesty King George the Third, intituled An Act [here insert the title of this Act] I E.F. a justice of the peace for the county of and acting within the division of do order and adjudge that the complaint of the said A.B. is unfounded [if costs are given] and I do further order and adjudge, that the said A.B. shall pay unto the said C.D. the sum of for costs. SCHEDULE of the Limitation of Costs and Charges on Levying distress Man in possession, per day Appraisement, whether by one broker or more, Stamp the lawful amount thereof All expenses of advertisements, if any such £ s. d. (a) For scale, under Act of 1883, where more than £20 distrained for, see p. 150, ante. EMBLEMENTS ACT, 1851. mination tenant for ments tenant to expiration hold until of current year, &c. [14 & 15 Vict. c. 25.]-An Act to improve the Law of Landlord and Tenant in relation to Emblements, to growing Crops seized in Execution, and to Agricultural Tenant's Fixtures. [24th July, 1851. WHEREAS it is expedient to amend the law to prevent or On deter lessen the evils of the right to emblements, and the loss and injury arising therefrom, and also the law relating to growing crops seized under executions, and to agricultural fixtures Be it therefore declared and enacted, 1. That where the lease or tenancy of any farm or lands held by a tenant at rack-rent (1) shall determine by the death or cesser of the estate of any landlord entitled for his life, or for any other uncertain interest, instead of claims to emblements (2), the tenant shall continue to hold and occupy such farm or lands until the expiration of the then current year of his tenancy, and shall then quit, upon the terms of his lease or holding, in the same manner as if such lease or tenancy were then determined by effluxion of time or other lawful means during the continuance of his landlord's estate; and the succeeding landlord or owner shall be entitled to recover and receive of the tenant, in the same manner as his predecessor or such tenant's lessor could have done if he had been living or had continued the landlord or lessor, a fair proportion of the rent for the period which may have elapsed from the day of the death or cesser of the estate of such predecessor or lessor to the time of the tenant so quitting, and the succeeding landlord or owner and the tenant respectively shall, as between themselves and as against each other, be entitled to all the benefits and advantages, Emble ments Act, 1851. Growing crops seized and sold under execution to be liable for accruing rent. Fixtures. and be subject to the terms, conditions, and restrictions, to which the preceding landlord or lessor and such tenant respectively would have been entitled and subject in case the lease or tenancy had determined in manner aforesaid at the expiration of such current year: Provided always, that no notice to quit shall be necessary or required by or from either party to determine any such holding and occupation as aforesaid. (1) "Rack-rent."-That is, at a rent of the full annual value of the demised premises, or near it. (2) "Uncertain interest."-If the interest, though originally uncertain, became determined by the tenant's own act as by forfeiture, he had no claim to emblements (Davis v. Eyton, 7 Bing. 154), and it is conceived that in such a case there will be no claim to continued occupation under this Act. 66 (3) Emblements."-These are annual product of the labour of the tenant Woodfall, L. & T. ch. xx. s. 3, citing Kingsbury v. Collins, 4 Bing. 202. 2. That in case all or any part of the growing crops of the tenant of any farm or lands shall be seized and sold by any sheriff or other officer by virtue of any writ of fieri facias or other writ of execution, such crops, so long as the same shall remain on the farms or lands, shall, in default of sufficient distress of the goods and chattels of the tenant, be liable to the rent which may accrue and become due to the landlord after any such seizure and ́ sale, and to the remedies by distress for recovery of such rent, and that notwithstanding any bargain and sale or assignment which may have been made or executed of such growing crops by any such sheriff or other officer. For power to seize growing crops: see 11 Geo. 2, c. 19, s. 8, p. 159, ante. 3. That if any tenant of a farm or lands shall, after the passing of this Act, with the consent in writing of the |