Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1823-03-13

yided, that the property shall not have been
sold for bona tide consideration, before IL
shall have been distraned.-So much OF tle
23d section of the said act, as subjects the
! party suing out and prosecuting writ OF re-
plevin, if cast, to double the value OF the rent
in arrear, and distrained for, is hereby repeal
ed; and, in all cases of replevn, the jury, that
try the issue, shall enquire OF the sum IN arreaf
and of the damages sustained by the avowant
by occasion OF suing out the said writ, which
in no case, shall be less than ten per ccntum
upon the sum so found in arrear, and judgment
shall be accordingly rendered agalnt the tenant
| for the rent in arrear, with legal interest
| thereon from the day on which the same be-
came due, and the damages and costs. Aad
| if the plaintiff be nonsuit before issue joined
the court, upon the suggestion OF the defend
! ant in the nature of an ayowry, shall award a
| writ of enquiry of the rent in arrear, and of
the demages, which shall in like manner be
asoertained, and judgment shall be given &C.
| cordingly.--ln all cases where property dis
trained, or attached for rent, shall be claimed
by any other person, than the tenant or tenants,
il shall be lawful for the said person, or per-
sons, to sue out his, or their writ of repleyin
directed to the sheriff, and upon the execution
OF a bond by the person, or persons, suing out
the writ with one or more sufficient securities,
in double the amount of the said property, to be
ascertalned by two disinterested freeholders,
TO be sworn before some justice of the peace,
and conditioned to perform and satisfy the
Judgment of the court in such suit, in case he
or they shall be Cast therein, such sheriff shall
proceed to execute and return such writ as
heretofore; and the jury that shall try the issue
in such cause, shall also enquire of the value
OF the property, and of the damages
sustained by the avowant, by occasion of
p.Nsf, Il II.
shall be less than the value of ten per centum
upon such value, and judgment Shall be &C
cordlngly rendered, if the plaintiff be barred,
for the value so ascertained, with interest
from the date of the writ, and the damages
and costs. And fthe plaintiff be non-suit be-
fore issue joined, the court, upon the sugges-
ton OF the defendant, in the nature of an
avowry, shall award writ to enquire of the
value and damages, as aforesaid, which shall
| be ascertained by the jury, ANNOUNCEMENT shall
be given accordingly.-So much of the oath
! section OF the said act, as subjects the party
| suing out the writ of repleyin; TO the penalty
of double the value Of the rent in arrear, and
distraned for, if he shall be cast in the suit, is
hereby repealed.
It shall be lawful for any person or persons
| having rert in arrear or due upon any lease,
for life or for years, or at will, ended or deter
mined, to distran the property ofhis or their
! tenant, for such arrears, at any time within
thirty days after the determination of such
| lease, although such property be not found in
and upon the demise6 premises. Where any
| goods chattcls lying or being IN or upon any
| leased premises, whereon any rent shall be re-
served, accrung and unpaid, although the
same be not due, shall be taken by virtue of a.
ny writ OF execution, or on any pretence
whatsoever, if the tenant shall not, at the time
| OF leyVlOp SIlch execution tender tn the land
| lord. or lessor, or his agent, or to the officer
leVylng such execution, bond, with one or
| more sufficient securities, condi toned for the
| payment OF the rent at the time it shall become
| due: the party, suing out such execution, may
proceed to execute his Judgment, and the
sheriff or officer serving the same, shall pro-
| coed to sell, III the first place, so much OF the
| goods and chattels, as shall be necessary for
| payment of such rent, on a credit correspond
| ing with the time OF paymeA thereof, the
purchasers giving good security for such pay
ment, and shall assign such bonds to the land
lord; and he shall proceed, as to the residue of
| the SAID goods and Chattels, in like manner as
IN other cases OF executions; provided, that no
| thing in this act contained, shall be construed
! TO allow to the landlord, more than one years
rent in any case. 1t shall and may be lawful to
distran, Tor rent arrear, hay in stacks or grain,
| loose or in the straw, in any barn or house, and
NilCal VI OluSE grail III SIdCkS, IlCkS Ut OtuCr-
wise secured in like manner as other goods and
chattels, so as such distress be not removed by
the officer making the same. to the damage of
the owner, out of the place where the same
shall be found and seized, but be kept there as
impounded until the same be replevled or sold:
but the officer shall not, i'll such case, be re-
sponslble to the landlord in case they be wasted,
or elogned without his default. And whereas
doubts have existed whether the action OF re-
pleyin, as provided for by the common law OF
England is not still in force in this common
wealth; to remove such doubts, it is enacted
that the action ofrepleyin shall be construed to
exist in no other cases than shall arise under and
by virtue of the act OF which this is amendatory.
This act shall commence and be in force from
and after the hrst day of April next
An act, concerning the county line be-
tween Bath and Alleghany.
An act, to amend an act to reduce
into one act, the several acts for enforc-
ing the payment of fines into the public
treasury.
| An act, concerning the probate of wills
in certain cases.
An act, increasing the stock of the
Lynchburg and Salem Turnpike Com
pany, and authorising the board of Pub
lie Works to subscribe for part of the
stock of that company.
An act, further to amend the several
laws concerning the appointment of har-
bor-masters, and declaring their duties.
An act appointing commissioners to
open and keep in repair, road from
Turks run in the county Of Augusta, "a
cross the south mountain, at Germans
| Ean To Anarna ans riNnr In tho cnnnA.r