(2 W & M. c. 5.)

Goods, dis

trained for rent, how disposed of.

Oath of appraiser.

CHAP. IX.

An Act to enable the sale of Goods distrained for rent, and to secure such goods to the persons distraining the same, for the better security of rents; and to prevent frauds, committed by tenants.

I.

W

HEREAS, the most ordinary and ready way for recovery of arrears for rent, is, by distress; and no provision hath yet been made, by the laws of this government, that such distresses may be sold; and by the common law, the same may be only detained as pledges, for enforcing the payment of such rent, and the persons distraining, have little benefit thereby. For the remedying thereof,

II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the tenth day of December, in the year of our lord one thousand seven hundred and thirty, where any goods, or chattels shall be distrained, for any rent reserved and due, upon any demise, lease, or contract whatsoever, and the tenant, or owner of the goods so distrained, shall not within five days, next after such distress taken, and notice thereof, with the cause of such taking, left at the chief mansion house, or other most notorious place on the premises, charged with the rent distrained for, replevy the same, with sufficient security to be given to the sheriff, according to law; that then, in such case, after such distress and notice as aforesaid, and expiration of the said five days, the person distraining, shall and may, with the sheriff, or under sheriff of the county, or with the constable of the parish or place where such distress shall be taken, (who are hereby required to be aiding and assisting therein,) cause the goods and chattels so distrained to be appraised by three good and lawful freeholders of that county; who shall have and receive, for their trouble, twenty five pounds of tobacco, or two shillings and six pence, each. And shall first take the following oath:

I

A. B. will well and truly, according to the best of my understanding, appraise the goods and chattels of C. D. distrained on, for rent, by E. F. of which goods and chattels I will take good sight and consideration. So help me God.

III. Which oath, such sheriff, under-sheriff, or constable, are hereby impowered and required to administer. And after such appraisement, shall and may lawfully sell the goods and chattels so distrained, for the best price that can be gotten for the same, towards satisfaction of the rent, for which the said goods and chattels shall be distrained, and of the charges of such distress, appraisement, and sale, leaving the overplus, if any, in the hands of the said sheriff, under-sheriff, or constable, for the owner's use.

Pound

IV. And be it further enacted, by the authority aforesaid, Thatjupon any pound breach, or rescous of goods, breach or or chattels distrained for rent, the person or persons rescous, dagrieved thereby, shall, in a special action upon the case, mages for. 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.

tress.

V. Provided always, and be it further enacted, That Damages & in case any such distress and sale, as aforesaid, shall be costs, for made, by virtue or colour of this present act, for rent wrongful dispretended 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 and 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 the value of the goods or chattels so distrained and sold, together with full costs of suit.

VI. And be it further enacted, by the authority afore- (8 Ann, c. said, That from and after the said tenth day of Decem- 14.) Rent to be paid beber, in the year aforesaid, no goods or chattels what- fore execusoever, lying, or being in, or upon any messuage, tions satisfilands, or tenements, which are, or shall be leased for ed. life or lives, term of years, at will, or otherwise, shall be liable to be taken, by virtue of any execution, or any pretence whatsoever; unless the party at whose suit the said execution is sued out, shall, before the removal of such goods from off the said premises, by virtue of

N 2-Vol. 4.

roviso.

such execution or extent, pay to the landlord, or lessor of the said premises, or other person impowered to receive it, all such sum or sums of money, as are, or shall be due for rent, for the said premises, at the time of the taking such goods or chattels, by virtue of such execution.

VII. 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 execution is sued out, paying the landlord, or other person impowered to receive the same, one year's rent, may proceed to execute his judgment, as he might have done before the making of this act. And the sheriff, or other officer, Sheriff to le- is hereby impowered and required, to levy and pay to the plaintiff, as well the money or tobacco so paid for rent, as the execution money.

vy both.

When goods carried off the premises may be distrained.

Except bona fide sold.

VIII. And be it further enacted, by the authority aforesaid, That in case any lessee, for life or lives, term of years, at will, or otherwise, of messuages, lands, or tenements, upon the demise whereof, any rents are, or shall be reserved, or made paiable, shall, from and after the said tenth day of December, fraudulently or clandestinely convey or carry off, from such demised premises, his goods or chattels, with intent to prevent the landlord or lessor from distraining the same, for arrears of such rent so reserved as aforesaid; it shall and may be lawful, to and for such lessor or landlord, or any person or persons, by him for that purpose lawfully impowered, within the space of five days next ensuing such conveying away or carrying off such goods or chattels as aforesaid, to take and seise such goods and chattels, wherever the same shall be found, as a distress for the said arrears of such rent; and the same to sell, or otherwise dispose of, in such manner, as if the said goods and chattels had actually been distrained by such lessor or landlord, in and upon such demised premises, for such arrears of rent; any law, custom, or usage to the contrary, in any-wise, notwithstanding.

IX. Provided nevertheless, That nothing in this act contained, shall extend, or be construed to extend, to impower such lessor or landlord to take or seise any goods or chattels so carried off, as a distress for arrears of rent, which shall be sold, bona fide, and for a valuable consideration, before the seisure made; any thing herein contained to the contrary, notwithstanding.

ses.

X. And whereas, no action of debt lies against a ten- Debt, for ant for life or lives, for any arrears of rent, during the rent, on leacontinuance of such estate for life or lives, Be it enacted, by the authority aforesaid, That from and after the said tenth day of December, it shall and may be lawful for any person or persons, having any rent in arrear, or due upon any lease or demise, for life or lives, to bring an action or actions of debt, for such arrears of rent, in the same manner as they might have done, in case such rent were due and reserved, upon a lease for years.

XI. And whereas, tenants, pour auter vie, and lessees for years, or at will, frequently held over the tenements to them demised after the determination of such leases: And whereas, after the determination of such or any other leases, no distress can, by law, be made for any arrears of rent that grew due on such respective leases, before the determination thereof:

XII. It is hereby further enacted, by the authority Rent, distrainable for, aforesaid, That from and after the said tenth day of after deterDecember, it shall and may be lawful for any person or mination of persons having any rent in arrear, or due upon any lease. lease, for life or lives, or for years, or at will, ended or determined, to distrain for such arrears, after the determination of the said respective leases, in the same manner, as they might have done, if such lease or leases had not been ended or determined.

XIII. Provided, That such distress be made within Proviso. the space of six kalendar months after the determination of such lease, and during the continuance of such landlord's title or interest, and during the possession of the tenant, from whom such arrears became due.

XIV. Provided always, and it is hereby enacted and Further prodeclared, by the authority aforesaid, That nothing in viso. this act contained, shall extend, or be construed to extend, to lett, hinder, or prejudice his majesty, his heirs or successors, in the levying, recovering, or seising any debts, fines, penalties, or forfeitures, that are or shall be due, paiable, 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 seise 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 any-wise, notwithstanding.

:

CHAP. X..

An Act to disable any Sheriff, or other person, to sit as a member of the House of Burgesses, who shall ac- cept any Office of Profit in this Colony, after his Election: And exempting the Members of the House of Burgesses from being made Sherifs.

Preamble. I.

Sheriffs disabled to sit

W

HEREAS it

is found inconvenient, and may

prove of evil consequence to this government, if any person shall accept the office of sheriff, or of any place of profit in this government, during the time he shall be a member of the house of burgesses. For prevention thereof,

II. Be it enacted by the Lieutenant-Governor, Counin the house cil and Burgesses, of this present General Assembly, and of burgesses, it is hereby enacted, by the authority of the same, That any person, who now is, or hereafter shall be, sheriff of any county within this colony and dominion, shall not be capable of sitting or voting as a member of the house of burgesses; and a writ shall issue, for electing a new member in his stead, in the same manner as if such person were naturally dead.

III. And be it further enacted, by the authority aforeBurgesses said, That every member of the house of burgesses in from serving this present, or any future general assembly, during as sheriffs. the time of his being a member thereof, shall, from henceforth, be exempted from being made or appointed sheriff of any county in this colony.

IV. And be it further enacted, by the authority aforeBurgess ac- said, That if any person being a member of the house cepting any of burgesses, shall hereafter accept any office of profit office of pro- whatsoever, in this government, or hold the same in his fit, his election void.

own name, or in the name of any other person in trust for him, or for his use and benefit, or shall execute by himself, or his deputy, any such office or place; such person shall be incapable of sitting or voting as a member of the house of burgesses; and a writ shall issue for electing a new member in his stead, in the same man

Penalty on ner, as if such person were naturally dead. And if any persons disqualified, for person hereby disabled, or declared to be incapable to sitting and sit or vote in the house of burgesses, shall nevertheless voting. presume to sit or vote as a member thereof, in any general assembly; such person so sitting or voting, shall forfeit the sum of fifty pounds lawful money: To