|
|
Sheriffs, &c. authorized to grant replevins of distress for rent, shall take a bond from plaintiff and two sureties, for double value, ascertained by oath of a person not interested, conditioned as herein; sheriff to assign bond to avowant, &c.
assignment to be stamped before an action is brought; court may give just relief to parties, &c.
|
WHEREAS the laws now in force are insufficient to prevent vexatious replevins of distresses taken for rent: for remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, That from and after the twenty-fifth day of March, one thousand seven hundred and ninety-six, all sheriffs, and other officers having authority to grant replevins, may, and shall in every replevin of a distress for rent, take, in their own names, from the plaintiff and two responsible persons as sureties, a bond in double the value of the goods distrained, such value to be ascertained by the oath of one or more credible witness or witnesses, not interested in the goods or distress, which oath the person granting such replevin is hereby authorized and required to administer, and conditioned for prosecuting the suit with effect, and without delay, and for duly returning the goods and chattels distrained, in case a return shall be awarded before any deliverance be made of the distress, and that such sheriff or other officer as aforesaid, taking any such bond, shall, at the request and costs of the avowant, or person making conusance, assign such bond to the avowant, or person aforesaid, by endorsing the same, and attesting it under his hand and seal, in the presence of two or more credible witnesses, which may be done without any stamp, provided the assignment so endorsed be duly stamped before any action be brought thereupon; [Rep., Stat. Law Rev. (I.) Act, 1879.] and if the bond so taken and assigned be forfeited, the avowant or person making conusance, may bring an action, and recover thereupon in his own name; and the court where such action shall be brought, may, by a rule of the same court, give such relief to the parties upon such bond as may be agreeable to justice and reason, and such rule shall have the nature and effect of a defeazance to such bond.
|
