The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-03-07

Imp "t"9 - i'I'tA"s PROVIDES fiat,
When any tenant shall have actually re
moved his effects from the. leased tene-
nents, before the rent reserved thereon
ias become due, So that there be not lclt
on such tenement property liable To dis
tress sufficient 70 secure the payment
| III the rent SO reserved, il shall be lawful
Tor the landlord, OF lessor, or the agent or
| attorney IN fact Of such landlord or lessor.
To Obtain an attachment at any time with
| III thifty days alier such removal, aud le-
| W tie same on the effects of the SAID te-
nant, wherever they may be found, and ia
al! other respects 10 proceed in the same
manner as is prescribed by the act of
Which this is ameudatory. II shall be law
tal for any lessor or landlord, or any per-
son or persons by him, for that purpose,
lawfully empowered, in all cases where
rent Is due, aud in arrear, 10 di<train any
property which the tenant may have fraud
luently conveyed away, or permitted To
be carried away from the premises, at any
time within thirty days after thy same
shall have been removed from the tene-
inent, and the same to sell Tor arrears of
REM, III the same manner rs II the proper
~ had actually been distralned Oh the pre-
misses provided, that the property shall
not have been sold for bona .fde conside
ration, before ii shall have been distraned.
80 much of the Esd section OF the SAID act.
as subjects the party sung out aud prose
cutting writ OF replevin, ii cast, to double
the value of the rent III arrear, and dis
trained for, is hereby repealed /; and, in all
cases OF repcYln, the jury that try the IS
sue, shall enquire Of the SUN IN arrear, and
OF the damages sustained by the ayow
ant by OCCASION Of suing out of said wit
which, IN no case, shall be less than ten
per centum upon the sum so found III ar
rear, and Judgment shall be accordingly rem
dered against the tenant for the rent so IN
arrear, With legal interest thereon from the
day on which the same became due, and
the damages and costs. Aud If the plain
TIL benOnsult before issue joined, the court,
upon the suggestion of the deIendat Ia the
nature otan avowary, shall award writ Of
enquiry of the rent in arrear, and Of the
damages, which shall in like manner be as-
certaIned, aud Judgment shall! be given ac-
cordingly. In all cases where property
distralned, or attached for rent, shall be
Claimed by any other person or persons,
than the tenant or tenants, IL shall be law
tul for the said person or persons, to sue
out his, or their writ ofrep!evin, directed To
the sheriff, aud upon the execution of
, bond by the person, or persons suing out
the writ with one or more sufficient secu-
rites, in double the amount of the value Of
the sad property, 10 be ascertaned by two
disintcrestcd freeholders, 10 be sworn be
tore some justice of the peace, and coud-
toned to perform and satisfy the judgment
of the court in such siit, III case lie or they
shall be cast therein, such sheriff shall pro,
coed TO execute aud return such writ as
heretofore and the Jury that shall try tn.
issue IN such cause, shall also enquire of.
the value of the property. and of the da-
images sustained by the avowant, by occa-
SION OF the suing out the SAID writ, which
III no case, shall be less than the value of
ten per centum upon such value, aud ildg-
mrnt shall be accordingly rendered, ii the
plaintiff be barred for the value SO ascer-
tanned, with interest from the date OF the
writ and the damages and costs, And if
the plaintiff he non-sut before issue Joined,
the court, upon the suggestion oil the de-
PENDANT, IN the nature of an avowry, shall
award writ to enquire OF the value and
damages, as aforesaid, which shall be as
eertained by the jury, and judgment shall
be given accordmgly.-So much of the
Gath section OF the said act as subjects the
party suing out the writ of repievin, to the
penalty of double tho value Of the rent IN ar
rear, and distrained for, if he shall be cast
in the suit, is hereby repealed.
1t shall be lawful for any person, or per-
sons having In arrear or due upon any
lease, for life or for years, or at will, en-
ded or determined, to distlan the proper
| ty OF his or their tenant, for SUCH arrears,
at any time within thirty days after the
determination of such lease, although such
property be found in and upon the DENIS
ed premises. Where any goods or chat
tells lying or being IN or upon any leased
premises, wherein any rent shall be rcseT-
we'd, accrujng and unpaid, although the
same be not due, shall pot he taken by VIZ
tue of any writ of execution, or on any
prctence whatsoever, if the tenant shall
not, at the time of lcvying such execution,
tepder to the landlord, or lessor, or his a.
gent, or to the officer levying such cXecu-
tlon, a bond with one or more sufficient Sc
curltles, conditioned for the pdyfaent Of
the rent al the time il shall become due
the party suing out such execution, may
proceed to execute his Judgment, and thu
sheriff or officer serving the same, shall
proceed To sell IN first place, 50 much of
the goods and chattels, as shall he necessary
Tor payment of such rent, on Il credit col
responding with the time ofpaymeut there
of, the purchasers giving good security for
such payment, and shall assign such bonds
TO the landlord and he shall proceed, as
to the residue of the said goods aud chat
tells, in like manner as in other cases of eX
ecutons provided, that nothing in this
act contained, shall be construed 10 allow
to the landlord, more than one years rent
in any case It shall aud may be lawful