A Practical Treatise on the Law of Distress for Rent, and of Things Damage-Feasant; with Forms, and an Appendix of Statutes
A Practical Treatise on the Law of Distress for Rent, and of Things Damage-Feasant; with Forms, and an Appendix of Statutes

Author: Edward Bullen

Publisher: Theclassics.Us

Published: 2013-09

Total Pages: 120

ISBN-13: 9781230222486

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ... by action; and the court will not grant any attachment against him.8 Where a distress has been taken for rent, and it is When the intended to replevy the goods and chattels, the replevin must replevin should be made within five days next after e ma the distress taken, and notice thereof duly given, because after that time the distrainer may have the goods appraised, and may sell them under the statute 2 Will. & M. sess. 1, c. 5. s. 2.9 Nothing, however, but an actual sale can take away the owner's right to replevy: so that the removal of the goods from the premises, after the five days, or an appraisement without any sale, is of no effect; and the replevin may, notwithstanding, be made at any distance of time until a sale has really taken place.1 In the case of a distress taken damage-feasant, since the distress cannot be disposed of, but only kept as a pledge, there is no particular time within which the replevin should be made. But if the distress, or any part of it, consist of any horse, ass, or other cattle or animal, the rule, even in this case, must, at the present day, be considered with reference to the power of sale under the 5 & 6 Will. 4, c. 59, s. 4.2 The proper course for the tenant or owner, intend-Practical ing to replevy goods distrained for rent,3 will be, to directions for take with him two sufficient housckeepers, living Proceeding to in the city or county where the distress was made, distrained for and to go to the sheriffs office of such city or county, rent. or to the office of a deputy of the sheriff of the county, appointed for that purpose under the above provision of the statute 1 & 2 Ph. & M. c. 12, s. 3,4 and state his object and the nature of the claim made. This will be required, in order to enable the...