A Practical Treatise on the Law of Distress for Rent, and of Things Damage-feasant: With Forms, and an Appendix of Statutes

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Shaw and Sons, 1842 - Catalogs, Publishers' - 255 pages
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Page xxx - any legacy, or any damages in respect of such arrears of rent or interest, shall be recovered by any distress, action, or suit, but within six years next after the same respectively shall have become due, or next after an acknowledgment of the same in
Page xxxii - and if a verdict shall pass for the defendant, or if the plaintiff shall become nonsuit, or shall discontinue any such action, or if, on demurrer or otherwise, judgment shall be given against him, the defendant shall recover his full costs as between attorney and client, and shall have the like remedy for the same, as
Page 86 - have been vested in the provisional assignee, upon the goods or effects of any such person, shall be available for more than one year's rent, accrued prior to the making of such order; but that the landlord or party to whom the rent shall be due, shall and may be a creditor for the overplus
Page 116 - might have done if the lease had not been ended : provided, that such distress be made within six calendar months after the determination of the lease, and during the continuance of the landlord's title or interest, and during the possession of the tenant, from whom such arrears became due. It
Page 113 - shall have become due, or next after an acknowledgement of the same in writing shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable or his agent. It
Page xxx - shall have been given to the person entitled thereto, or his agent, signed by the person by whom the same was payable, or his agent: provided nevertheless, that where any prior mortgagee or other incumbrancer shall have been in
Page xx - the rent for which such distress shall have been taken, and of the charges of such distress, appraisement and sale, in the same manner as other goods and chattels may be seized, distrained, and disposed of; and the appraisement thereof to be taken when cut, gathered, cured, and made, and not before. Tenants to have
Page 85 - commission) shall be available for more than one year's rent, accrued prior to the date of the commission ; but the landlord, or party to whom the rent shall be due, shall be allowed to come in as a creditor under the commission for the overplus of the rent due, and for which the distress shall not be available.
Page xv - and hereditaments so detained, for so long a time as the same are detained, to be recovered in any of his majesty's courts of record, by action of debt, whereunto the defendant or defendants shall be obliged to give special bail, against the recovering of which said penalty there shall be no relief in equity.
Page xiv - of their late Majesties King William and Queen Mary, intituled, ' An act for enabling the sale of goods distrained for rent, in case the rent be not paid in reasonable time,' is in that behalf directed and appointed. VI.

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