E+W+S+N.I.

Sale of Farming Stock Act 1816

1816 CHAPTER 50 56 Geo 3

An Act to regulate the Sale of Farming Stock taken in Execution.

[20th June 1816]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Short title given by Short Titles Act 1896 (c. 14)

C2 References to sheriff to be construed as references to high sheriff: Local Government Act 1972 (c. 70), s. 219(1)

C3 Preamble omitted under authority of Statute Law Revision (No. 2) Act 1890 (c. 51)

[1.] No sheriff or other officer shall sell or carry off from any lands any straw, chaff, or turnips, in any case, nor any hay or other produce contrary to the covenant. E+W+S+N.I.

No sheriff or other officer in England or Wales shall, by virtue of any process of any court of law, carry off, or sell or dispose of for the purpose of being carried off, from any lands let to farm any straw threshed or unthreshed, or any straw of crops growing, or any chaff, colder, or any turnips, or any manure, compost, ashes, or seaweed, in any case whatsoever; nor any hay, grass or grasses, whether natural or artificial, nor any tares or vetches, nor any roots or vegetables, being produce of such lands, in any case where, according to any covenant or written agreement entered into and made for the benefit of the owner or landlord of any farm, such hay, grass or grasses, tares and vetches, roots or vegetables, ought not to be taken off or withholden from such lands, or which by the tenor or effect of such covenants or agreements ought to be used or expended thereon, and of which covenants or agreements such sheriff or other officer shall have received a written notice before he shall have proceeded to sale.

2 Tenant to give notice of the existence of covenants; and sheriff to give notice to the owner or landlord. E+W+S+N.I.

The tenant or occupier of any lands let to farm, against whose goods any process of law shall issue, whereby such goods may be taken and sold, shall, on having knowledge of such process, give a written notice to the sheriff or other officer executing the same of such covenants or agreements whereof he or she shall have knowledge, and which may relate to and regulate or are intended to regulate the use and expenditure of the crops or produce grown or growing thereon, and also of the name and residence of the owner or landlord of such lands; and such sheriff or other officer shall forthwith on executing such process, and before any sale shall have been proceeded in, send a notice by the general post to the owner or landlord of such lands, in all cases where such owner or landlord shall be resident in any part of this United Kingdom, and shall have been made known to and ascertain by such sheriff or other officer, and also to the known steward or agent of such landlord or owner in respect of such lands, stating to such owner, landlord, and agent the fact of possession having been taken of any crops or produce herein-before mentioned; and such sheriff or other officer shall, in all cases of the absence or silence of such landlord or owner, or his or her agent, postpone and delay the sale of such crops or produce until the latest day he lawfully can or may appoint for such sale.

3 Sheriff may dispose of produce subject to an agreement to expend it on the land. E+W+S+N.I.

Provided always, that such sheriff or other officer executing such process may dispose of any crops or produce hereinbefore mentioned to any person or persons who shall agree in writing with such sheriff or other officer, in cases where no convenant or written agreement shall be shown, to use and expend the same on such lands in such manner as shall accord with the custom of the country, and in cases where any covenant or written agreement shall be shown then according to such covenant or written agreement; and after such sale or disposal so qualified it shall be lawful for such person or persons to use all such necessary barns, stables, buildings, outhouses, yards, and fields, for the purpose of consuming such crops or produce, as such sheriff or other officer shall allot or assign to them for that purpose, and which such tenant or occupier would have been entitled to and ought to have used for the like purpose on such lands.

4 Sheriff to assign agreement to landlord. E+W+S+N.I.

Such sheriff or other officer shall, on the request of any landlord or owner who shall be aggrieved by any breach of such agreement, permit such landlord or owner to bring any action or actions in the name of such sheriff or other officer for the recovery of damages in respect of such breach; such landlord or owner having nevertheless fully indemnified such sheriff or other officer against all costs whatsoever and all loss and damage, before any such action shall be commenced.

5 Sheriff to enquire as to the name and residence of the landlord. E+W+S+N.I.

Such sheriff or other officer shall, before any sale of any crops or produce of any lands let to farm shall be proceeded in, make by all ways and means due inquiry within the parish where such lands shall be situate as to the name and residence of the landlord or owner of such lands.

6 Landlords not to distrain for rent on purchasers of crops severed from the soil, or other things sold subject to agreement. E+W+S+N.I.

In all cases where any purchaser or purchasers of any crop or produce herein-before mentioned shall have entered into any agreement with such sheriff or other officer touching the use and expenditure thereof on lands let to farm, it shall not be lawful for the owner or landlord of such lands to distrain for any rent on any corn, hay, straw, or other produce thereof, which, at the time of such sale and the execution of such agreement entered into under the provisions of this Act, shall have been severed from the soil and sold subject to such agreement by such sheriff or other officer, nor on any turnips whether drawn or growing, if sold according to the provisions of this Act, nor on any horses, sheep, or other cattle, nor on any beasts whatsoever, nor on any waggons, carts, or other implements of husbandry which any person or persons shall employ, keep, or use on such lands, for the purpose of threshing out, carrying, or consuming any such corn, hay, straw, turnips, or other produce, under the provisions of the Act and the agreement or agreements directed to be entered into between the sheriff or other officer and the purchaser or purchasers of such crops and produce as herein-before are mentioned.

7 Sheriff not to sell any clover, &c. growing with corn. E+W+S+N.I.

No sheriff or other officer shall, by virtue of any process whatsoever, sell or dispose of any clover, rye-grass, or any artificial grass or grasses whatsoever, which shall be newly sown and be growing under any crop of standing corn.

8 Act not to affect contracts. E+W+S+N.I.

Provided always, that this Act shall not extend to any straw, turnips, or other articles which the tenant may remove from the farm consistently with some contract in writing.

9 Sheriff not to be liable for damages, unless for wilful omission. E+W+S+N.I.

In every case where any action shall be brought against such sheriff or other officer for any breach of or omission of compliance with the provisions of this Act, no plaintiff shall be entitled to recover any damages against such sheriff or other officer, unless it shall be proved on the trial of such action that such breach or omission was wilful on the part of such sheriff or other officer.

10 Indemnity to sheriff and others acting under the provisions of this Act. E+W+S+N.I.

No sheriff or under sheriff nor any or either of their deputies, agents, bailiffs, or servants, nor any person or persons who shall purchase any hay, straw, chaff, turnips, grass or grasses, or other produce and things herein-before mentioned, under the provisions of this Act, nor his, her, or their servant or servants, shall be deemed or taken to be a trespasser by reason of his, her, or their coming upon or remaining in possession of any barns or other buildings, yards or fields, for the purpose of threshing out or consuming any straw, hay, turnips, or other produce herein-before mentioned, under the provisions of this Act, or for doing any matter or thing whatsoever fit and necessary to be done for the purpose of executing the same, and carrying into effect all stipulations contained in any agreement made under such provisions, though such acts shall have been done by such sheriff or other officer, and by such person or persons, his, her, or their servants, after the return of the process under which such sheriff or other officer shall have acted.

11 Assignee of bankrupt, &c. not to take any crop in any other way than the bankrupt would have been entitled to do. E+W+S+N.I.

No assignee of any bankrupt, . . . F1 nor any assignee under any bill of sale, nor any purchaser of the goods, chattels, stock, or crop of any person or persons engaged or employed in husbandry on any lands let to farm, shall take, use, or dispose of any hay, straw, grass or grasses, turnips, or other roots, or any other produce of such lands, or any manure, compost, ashes, seaweed, or other dressings intended for such lands, and being thereon, in any other manner and for any other purpose than such bankrupt, . . . F1 or other person so employed in husbandry ought to have taken, used, or disposed of the same, if no commission of bankruptcy had issued, or no such assignment or assignments had been executed, or sale made.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words repealed by Statute Law Revision Act 1873 (c. 91)