granted away his segnory, could not bests 3.13. 3. Lord who had 3.16. 1. But if the party distrin for more than is really due, he she not recover the double value : and the Court may hear widen such distress, after verdick of jury finding wild due. Mlow Light. 1. ball. Hry. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 155 1792.. X. PROVIDED always, That no goods or chattels fo carried off, and But not ir told before ̈ bona fide fold for a valuable confideration before fuch seizure made, shall be af- feizure. terwards liable to be fo taken or feized for any arrears of rent. a XI. ANY perfon or perfons having rent in arrear, or due upon any leafe or Rent arrear upon leafe demife for life or lives, may bring an action or actions of debt for fuch arrears for life recoverable by of reat, in the fame manner as if fuch rent were due and referyed upon a leafe action of debt. for years. a XII. IT fhall be lawful for any perfon or perfons having rent in arrear, or due upon any leafe for life or lives, or for years, or at will, ended or determined, to diftrain for fuch arrears after the determination of the refpective leafes, in the fame manner as if fuch leafe or leafes had not been determined. a be diftrained for after determination of the How rent arrear may XIII. PROVIDED, That 'fuck diftrefs be made within fix months after the Provifo. determination of fuch leafe, and during the continuance of fuch landlord's title or intereft, and during the poffeffion of the Tenant from whom fuch arrears became due. And no diftrefs for rent thall be made in any cafe whatsoever, but within five years after fuch rent fhall have become due and in ar rear. a XIV. PROVIDED al, That nothing in this act contained, fhall extend Saving debts due to or be conftrued to let, hinder, or prejudice the Commonwealth, in the levy- the commonwealth! ing, recovering, or feizing any debts, fines, penalties, or forfeitures due, payable or anfwerable to the Commonwealth; but that the fame may be levied, recovered and feized, in the fame manner as if this Act had never been made, a XV. AND whereas very great and unjuft delays have arifen from the fuing No writ of replevin to out writs of replevin, in cafes of goods diftrained for rent: For remedy where be iffued until bond & of, Be it enacted, that before any writ of replevin fhall be granted in cafe of fecurity be given. goods and chattels diftrained for rent, the peifon or perfons praying fuch writ thall enter into bond, with one or more fufficient fecurities, in the Clerk's office, in the penalty of at least double the value of the rent diftrained for, and costs of fuit, to perform and fatisfy the judgment of the Court in fuch fuit, in cafe he, the, or they fhall be caft therein; and if upon the trial of fuch fuit, it shall be found that the rent diftrained for, was justly due, the party injured or delayed Rent being found due, by fuing forth the faid writ, shall recover against the party fuing forth and pro- the party delayed to fecuting the fame, double the value of the rent in arrear and diftrained for, with recover double the full cots of fuit. And upon any execution iffued upon fuch judgment, the Clerk value. shall in like manner endorse, that "no fecurity is to be taken." b XVI. WHERE any perfon shall fuggeft that the goods diftrained, are his or her property, and not the property of the Tenant, nor held in truft for the ufe of the Tenant in any manner whatfoever, and that the fame in his or her opinion are not liable to fuch diftrefs, he or she giving bond and security, in manher herein before directed, may fue out a writ of replevin for fuch goods, but not otherwife; and in cafe the perion or perfons fuing out the faid writ, shall be caft in fuch fuit, judgment shall be given against him for double the value of the rent in arrear and diftrained for, with full cofts as aforefaid. b XVII. AND for the more fpeedy determination of fuch writs of replevin: XVIII. BE it further enacted, That every fuch writ shall be returnable to the next Court after the fame shall be iffued, and fuch Court shall at their next fitting after the return, caufe an issue to be made up therein, which shall be tried at the following Court, without waiting for its turn in the order of priority in regard to other fuits. b XIX. ALL perfons being grantees or affignees of any lands, tenements or hereditaments, let to leafe, or of the reverfions thereof, from any perfon or perfons, and the heirs, executors, and adminiftrators and affigns of fuch grantees or affignees, shall and may have and enjoy the like advantages against the leffees, their executors, adminiftrators and affigns, by entry for non-payment of the rent, or for doing of wafte, or other forfeitures, and also fhall and may have and enjoy all and every fuch like covenants and agreements, contained and expreffed in the indentures of their faid leafes, demifes or grants, against all the faid leffees, their executors, administrators, and affigns, as the faid leffors themselves, or their heirs ought, thould, or might have had, or enjoy at any time or times. Perfon other than the tenant may fue out writ of replevin, and caft shall pay double the rent. if Suits in replevin to be Grantees of lands, or the reverfions, to have the fame right of entry for non-payment of rent, &c. as the originallefors. Leffees of lands to have XX. ALL leffees of any lands, tenements, or hereditaments, for a term of years, life or lives, their executors, administrators or affigns, thall and may have the fame actions and (a) 1748, ch. 10, fee. 9, 10, 11, 12, 13. (6) 1769, ch. 4, fec. 1, 2, 3. advantages of covenants, like action, advantage against all and every perfon and perfons, their heirs and &c. against the grantees affigns, which have, or fhall have any gift or grant of the reverfion of the faid of reversions as against lands, tenements, or hereditaments, fo letten, or any parcel thereof, for any con the original leffors. Executors and Adminiftrators may maintain debt against a tenant or his executors for rent due to their teftator, or may diftrain during the tenants feizin or pof feffion. Hufband having a fee fimple or estate for life in right of his wife may after her death maintain dept, or diftrain for rent accruing during her life. Executors and Adminiftrators may maintain dition, covenant, or agreement contained or expreffed in the indentures of their leafe and leafes, as the fame leffees or any of them, might and fhould have had against the faid leflors and their heirs all benefit and advantage of recoveries in value by reafon of any warranty in deed or in Law, only excepted. have XXI. THE executors and'adminiftrators of any perfon unto whom any rent is or fhall be due, and not paid at the time of his death, fhall and may an action of debt for a 1 fuch arrearages against the Tenant or Tenants, that ought to have paid the faid rent fo being behind in the life of their Teftator, or against the executors or administrators of fuch Tenants; and alfo furthermore, it thall and may be lawful for every fuch executor and adminiftrator of any fuch perfon, to whom fuch rent is or fhall be due and not paid at the time of his death, to diftrain for the arrearages of all fuch rents, on the lands, tenements, and other hereditaments, which were charged with the payment of fuch rents, and chargeable to the diftrefs of the faid teftator, or inteftate, fo long as the fame continue, remain, and be in the feizin or poffeffion of the faid Tenant in demeine, who ought immediately to have paid the faid rent, fo being behind to the faid tellator or inteftate in his life time, or in the feizin or poffeffion of any perion or perfons claiming the faid lands, tenements, and hereditaments, only by and from the faid Tenant by purchase, gift, or defcent, in like manner and form as their said teftator might or ought to have done in his life time; and the said executors and adminiftrators for the fame diftrefs, lawfully may make avowry upon the matter aforefaid. a XXII. If any man which now hath or hereafter fhall have in the right of his wife any eftate in fee fimple, or for term of life, of, or in any rents or fee farms, and the fame rents or fee farms now be or hereafter fhall be due, behind and unpaid in the said wife's life, then the faid husband after the death of his faid wife, his executors and adminiftrators, fhall have an action of debt for the said arrearages, again the Tenant of the demeine, that ought to have paid the fame, his executors or adminiftrators, and alfo the faid hufband, after the death of his faid wife, may diftrain for the faid arrearages, in like manner and form as he might have done, if his faid wife had been then living, and make avowry upon his matter as is aforefaid. XXIII. THE executors and adminiftrators of any perfon or perfons having rent in arrear or due upon any demife or leafe, for life or lives, or for years, or debt or diftrain for rent at win, although the fame be determined, fhall and may have the like remedy by action of debt, or by diftrefs, against the person who ought to have paid the fame, his or her executors or adminiftrators, as the teftator if living, might or could have had. due to their teftators although the tenants eftate be determined. Good distrained not to XXV. 11' fhall not be lawful for any perfon taking any diftrefs to drive or be removed out of the remove the fame out of the County where iuch diftrefs was taken: And whofoever doth fo, fhall be amerced at the difcretion of a Jury; moreover, diftreffes shall be reasonable and not too great, and he that taketh great and unreasonable diftreffes, fhall be amerced for the excels of fuch diftreffes, b county. Repealing claufe. Provifo. Commencement of this ac. XXV. ALL and every Act and Acts, claufes and parts of Acts, coming within the purview of this Act, shall be, and the fame are hereby repealed. fuch A XXVI. PROVIDED, that all rights and remedies given by every or Acts, and all fuch parts of Acts, fhall be, and remain as if this Act had not been made. XXVII. THIS Act shall commence and be in force, from and after the paffing thereof. No eftate of freehold in lands or tenements to país but by deed. (a) From ftat. 20, 32. H. 8, cb. 37. (b) From 52, H. 3, cb. 4. |