Distress for Rent Act 1737

19 Distresses for rent not unlawful, &c. for any irregularity in the disposition of them; E+W+S

And whereas it hath sometimes happened that upon a distress made for rent justly due, the directions of the M1 Distress for Rent Act 1689 have not been strictly pursued, but through the mistake or inadvertency of the landlord or other person intitled to such rent, and distraining for the same, or of the bailiff or agent of such landlord or other person, some irregularity or tortious act hath been afterwards done in the disposition of the distress so seized or taken as aforesaid, for which irregularity or tortious act the party distraining hath been deemed a trespasser ab initio, and in an action brought against him as such, the plaintiff hath been intitled to recover, and has actually recovered the full value of the rent for which such distress was taken: And whereas it is a very great hardship upon landlords and other persons intituled to rents, that a distress duly made should be thus in effect avoided for any subsequent irregularity: from and after the said twenty fourth day of June in the year of our Lord one thousand seven hundred and thirty eight, where any distress shall be made for any kind of rent justly due, and any irregularity or unlawful act shall be afterwards done by the party or parties distraining, or by his, her, or their agents, the distress itself shall not be therefore deemed to be unlawful, nor the party or parties making it be deemed a trespasser or trespassers ab initio; but the party or parties aggrieved by such unlawful act or irregularity shall or may recover full satisfaction for the special damage he she or they shall have sustained thereby, and no more, in an action of trespass or on the case, at the election of the plaintiff or plaintiffs: Provided always, that where the plaintiff or plaintiffs shall recover in such action, he, she, or they shall be paid his, her, or their full costs of suit, and have all the like remedies for the same as in other cases of costs.

Marginal Citations

M1 1689 c. 5.