[I.] Goods distrained for Rent may be appraised and sold, if not replevied with sufficient Security.F2F3E+W
Whereas the most ordinary and ready way for Recovery of Arrears of Rent is by Distresse yet such Distresses not being to be sold but onely detained as Pledges for inforceing the payment of such Rent the persons distraining have litle benefit thereby For the remedying whereof 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 soe distrained shall not within Five Dayes [X1next] after such Distresse taken and notice thereof (with the cause of such takeing) left at the chiefe Mansion House or other most notorious place on the Premisses charged with the Rent distrained for replevy the same with sufficient Security to be given to the [F1High Sheriff] according to Law then in such Case after such Distresse and Notice as aforesaid and expiration of the said five dayes the person distraining shall and may with the Sheriffe or UnderSheriffe of the County or with the Constable of the Hundred Parish or place where such Distresse shall be taken (who are hereby required to be aiding and assisting therein) cause the Goods and Chattels soe distrained to be appraized by two sworne Appraizers (whome such [F1High Sheriff] Under Sheriffe or Constable are hereby impowred to sweare) to appraize the same truely according to the best of their Understandings and after such appraisment shall and may lawfully sell the Goods and Chattels soe distrained for the best price can be gotten for the same towards satisfaction of the Rent for which the said Goods and Chattells shall be distrained and of the Charges of such Distresse Appraisment and Sale leaveing the Overplus (if any) in the Hands of the said [F1High Sheriff] Under Sheriffe or Constable for the Owners use
Editorial Information
X1interlined on the Roll.
Textual Amendments
F1Words substituted by virtue of Local Government Act 1972 (c. 70), s. 219(1)
Textual Amendments applied to the whole legislation
F2Act repealed so far as it requires any high sheriff or under-sheriff or constable to be aiding and assisting at any distress for rent or to swear any appraiser thereat by Parish Constables Act 1872 (c. 92), s. 13
F3Act repealed so far as it requires appraisement before sale of goods distrained except where tenant or owner of goods and chattels by writing so requires by Law of Distress Amendment Act 1888 (c. 21), s. 5 and amended by ibid., ss. 5, 6