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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 61   View pdf image (33K)
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52 H. 3, CAP. 23, ACCOUNT AND WASTE. 61
212. In Tutton v. Darke and Nixon v. Freeman, 5 Hurl. & N. 647, it was
explained that this rule meant not merely that the distress must not be
taken in the dark, but that it must be between sunrise and sunset, and
though it be difficult sometimes to determine what •will be proper evidence
of sunrise and sunset, yet ordinarily the time by the clock coupled with the
almanac will be sufficient evidence if unanswered, and if it clearly appears
thereby that, in any view, the distress was before the sun had risen or after
it had set, the distress will be illegal. "Before sun-rising or after sun-set
no man may distrain but for damage feasant," Mirrour, c. 2, s. 26.
CAP. XXIII.
A Remedy against Accomptants. Fermors shall make no Waste.

It is provided also, That if
Bailiffs, which ought to make
accompt to their Lords, do
withdraw themselves, and have
no Lands nor Tenements
whereby they may be dis-
trained; then they shall be at-
tached by their Bodies, so that,
the Sheriff, in whose Bailiwick
they be found, shall cause them
to come to make their accompt.
II. Also Fermors, during
their Terms, shall not make
Waste, Sale or Exile of House,
Woods, and Men, nor of any
thing belonging to the Tene-
ments,* that they have to
ferm, without special License
had by Writing of Covenant,
making mention, that they may
do it; which thing if they do,
and thereof be convict, they
shall yield full Damage, and
shall be punished by Amercia-ment grievously.
Provisum est etiam, quod
si balivi, qui compotum suum
domiuis suis reddere teuen-
tur, se subtraxerint, & terras
vel tcnementa non habuerint,
per qua^ distringi possunt;
tune per eorum corpora attach-
ientur, ita quod vicecomes, in
CHJUS baliva inveniantur, eos
venire faciat ad compotum
snum reddeud.'
Item nrmarii tempore nrina-
rum suarum vastum, veuditio-
neni. vel exilium non facient de
domibus, boscis, vel homini-
bus, nec de aliquibus, ad tene-
ment', qua1 ad lirmam hab- 47
ent, spectantibus, nisi special-
cm inde habuerint concession -
em, per scriptum conventionis,
mentionem faciens quod hoc
facere possunt: Quod si fece-
rint, & super hoc convincautur,
dampna plena restituant, &
per misericordiam graviter pu-
niantur.

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 61   View pdf image (33K)
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