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3, c. 93. costs,

be levied

by distress.

of non-payment of any moneys or costs so ordered and 57 Geo. adjudged to be paid, such justice shall forthwith issue his warrant to levy the same by distress and sale of the goods which may and chattels of the party or parties ordered to pay such moneys or costs, rendering the overplus (if any) to the owner or owners, after the payment of the charges of such distress and sale; and in case no sufficient distress can be had, such justice shall by warrant under his hand. commit the party or parties to the common gaol or prison within the limits of the jurisdiction of such justice, there to remain until such order or judgment be satisfied.

mon sin

mon wit

nesses.

3. And be it enacted by the authority aforesaid, that Justices it shall be lawful for such justice, at the request of the party complaining or complained against, to summon all persons as witnesses, and to administer an oath to them, touching the matter of such complaint or defence against it; and if any person or persons so summoned shall not obey such summons, without any reasonable or lawful excuse, or refuse to be examined upon oath, or if a quaker upon solemn affirmation, then every such person so offending shall forfeit and pay a sum not exceeding forty Penalty. shillings, to be ordered, levied, and paid in such manner and by such means, and with such power of commitment, as is herein before directed as to such order and judgment to be given between the party or parties in the original complaint, excepting so far as regards the form of the order, and hereinafter provided for.

plaint un

founded,

4. And be it further enacted, that it shall be lawful If comfor such justice, if he shall find that the complaint of the party or parties aggrieved is not well founded, to order justices and adjudge costs not exceeding twenty shillings to be paid to the party or parties complained against, which plained

may give

costs to the

party com

against.

No judgment

against landlord, unless he

personally

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 to make any order or judgment against the landlord 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.

7. And be it further enacted, that a fair printed copy of this Act shall be hung up in some convenient 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.

Printed copy of Act

to be hung

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

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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.

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SCHEDULE of the Limitation of Costs and Charges on
Distresses for Small Rents. (a)

[See s. 1,

p. 167.]

Levying distress

Man in possession, per day

£ s. d.

0 3 0

026

Appraisement, whether by one broker or more,

sixpence in the pound on the value of the
goods.

Stamp the lawful amount thereof

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All expenses of advertisements, if any such 0 10 0
Catalogues, sale and commission, and delivery

of goods, one shilling in the pound on the

net produce of the sale.

(a) For scale, under Act of 1883, where more than £20 distrained for, see p. 150, ante.

EMBLEMENTS ACT, 1851.

[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
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 pre-
decessor 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,

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