Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-03-19
atlistellaneuus 8eading.
NEW LAWS.
Distress For Rent.
An act to establish and declare the law as
to distress for rent.

Distress For Rent.
An act to establish and declare the law as
to distress for rent.
Section l. Be it enacted by the gen.
eral assembly of the state of South
Carolina That in case any lessee for
life or lives, terms of years, at will or
otherwise, of any messanges, lands or
tenements, upon the demise whereof
any rents are or shall be reserved or
made payable, shall convey or carry
off from such demised premises his
goods, or chattels, it shall and may be
lawful to and for such lessor or land
lord, or any person or persons by him
for that purpose lawfully empowered,
within the space of five days next en-
suing such conveying away or carry
ing off such goods or chattels as afore-
said, to take and seize such goods and
chattels whenever the same shall be
found, as distress for the said arrears
of such rent, and the same to sell or
otherwise dispose of, in such manner
as if the said goods and chattels had
actually been distrained by such lessor
or landlord in and upon such demised
premises for such arrears of rent, any
law, usage or custom to the contrary,
in any wise, Notwithstanding.
Section 2. That nothing herein con-
tanned shall extend, or be construed
to extend, to empower such lessor or
landlord to take or seize any goods or
chattels as distress for arrears of
rent which shall have been sold bona
ide and for a valuable consideration
before such seizure made, and no prop
erty shall be seized under distress
warrant for such, except such as be-
longs to the tenant in his own right {:
Provided, that nothing herein con-
tanned shall interfere with or in any
manner abridge the right of such les
sor or landlord to take or seize any or
all of such goods and chattels when
ever they may be found as distress tor
arrears for rent, when any tenant so
in arrears shall make an assignment
for the benefit of his creditors, or when
any tenant after the contract or ten
ancy has been entered into shall mort
gage said goods and chattels.
Section 8. That when tenants pur
autre vie and lessees for years or at
will hold over the tenements to them
demised after the determination OF
such leases, it shall and may be law
full for any person or persons having
any rent in arrear or due upon any
lease for life or lives, or for years, or
at will ended or determined, to dis
train for such arrears, after the deter
mination of the said respective leases,
in the same manner as they might
have done if such lease or leases had
not been ended or determined: Pro-
vided, that such distress be made
within the space of six calendar
months after the determination of such
lease, and during the continuance OF
such landlords title or interest, and
during the possession OF the tenant
from whom such arrears became due.
Section 4. That any person or per-
sons having any rent in arrear or due
upon any lease or demise for life or
lives, may bring an action or actions
of debt for such arrears of rent in the
same manner as they might have done
in case such rent were due and re-
served upon a lease for years.
Section 5. That every distress for
rent shall be reasonable and not too
great, and any lessor or landlord who
makes unreasonable and excessive dis
tress shall be liable for all damages
sustained by the tenant whose goods
are distrained by reason of such ex-
cessive distress. That such damages
may be recovered by an action in any
court of competent jurisdiction.
Section 6. That when goods and
chattels have been distrained for rent
reserved and due upon any lease or
contract whatsoever, and the tenant
whose goods have been taken shall not,
within five days after such distress and
notice thereof, repleyy the same with
sufficient security, to be given accord
ing to law, then, in such case, the
person making the distress shall cause
the goods distrained to be appraised
by two sworn appraisers, and, after
such appraisement, sell the same, IN
the same manner as goods taken under
execution are required by law to be
sold.
Approved the 10Th day Of February,
A. D. 1898.
Offences as to Railroads.