17~2. C~APTER DCXLV.

An ACT for ti~.sale of goods’ di8trained for rent, and to .s~ecurt

auch ,çoods to the per~ons’di~trainingthe ~ame,for the better .secur~
ity of Rent8, and for~ot1Lerp.urposer therein mentioned.
WHEREAS the wost ordinary and ready way for recovery of
arrears of rent is by distress, and rio provision hath yet been made
by the laws of this province, that such distresses may be sold, and
by the common law the same may be only detained, as pledges for
enforcing the payment of such rent, and the persons distraining have
little
4 benefit thereby: Por the remedying whereof, Be- it enacted,
~,tannerof rj hat, from and after the publication of this act, where any goods or
~ chattels shalibe distrainedfor any rent reserved and due,upon any de-
~ mise,lease or contract whatsoever, and the tenantbrownerof the goods
so distrained shall nat, within five days next after such distress taken,
and notice thereof, ‘with the cause ~f such taking, left at the man-
sion-house, or other most notorious place on the premises charged
with the rent distrained for, replevy the same, with sufficient se-
curity to be given to the Sheriff, according to law, that then, and in
such case, after such distress and notice as aforesaid, and expiratloit
of the said five days, the person distraining shall and may, with the
Sheriff, Under-Sheriff, or any Constable in the city or, county where
such distress shall be taken (who are hereby required to be aiding
and assisting therein) cause the goods and chattels so distrained to
be appraised by two reputable freeholders, who shall have and re-
ceive for their trouble the sum of two shillings per ellen: each, and
shall first take the following oath or affirmation. I, 4. B. will well
and truly, according to the bent of my underntanding, appraine the
goode and chattels of C. D. di.gtrained on for rent by E. F. Which
oath or affirmation such Sheriff, Under~Sheriffor Constable, arc
hereby empowered and required to administer and after such ap-
praisement shall or may, after six days public notice, lawfqlly sell
the goods and chattels so distrained for the best price that can be
gotten for the same, for and towards satisfaction of the rent for
which the said goods tiid chattels shall be clistrained, and of th~
charges of such distress, appraisement and sale, leaving the over-
plus, if any, in the hands of the said Sheriff; Under-Sheriff or Con-
stable, for the owner’s use.
~eüa1tyon IL And be it further enacted, That upon any pound-breach Pr
rescous of goods or chattels distrained for rents the person or per-
sons grieved thereby shall, in a special action upon the case for the
wrong thereby sustained, recover his, her or their treble damages~-
and costs of’ suit, against the offenddr or offenders in such rescous
or pound-breach, any or either of them; or against the owner or
owners of ,the goods distrained, in case the same be afterwards
found t~have come to his or their use or possession.
~ Ill. Provided alway.~,and be itfurtlier enacted, That in case any
g distress and sale shall be made by virtue of this act, for rant pre-
1~ 0~
~‘~ tended to be in arrear and due, when in truth no rent shall appear to
be in arrear or due to the person or persons clistraining, or to him
or them, in whose name or names, or right, such distress shall be
taken as aforesaid, that then the owner of such goods and chattels
 3~1

distrained nnd sold as aforesaid, his executors or administrators, 1~”Z2.

shall and may, by action of trespass, or upon the case, to be brought ~—e’~
against the person or persons so distraining, any or either of them,
his or their executors or administrators, recover double the value of
the goods or chattels so distrained and sold, together with full costs
of suit.
IV. And be it further enacted, That the goods or chattels lying Good, ond
or being in or upon any messuage, lands or tenements, which are ~
or shall be leased for life or lives, term of years, or otherwise, taken ~
by Virtue of any execution, shall be liable to the payment of all such ~ntoftent,
sum or sums of money as are or shall be due for rent for the pre-
mises, at the time -of taking such goods and chattels by virtue of
such execution. And the said Sheriff shall, after sale of the said.
goods and chattels, pay to the landlord, or other person empowered
to receive the same, such rent so due, if so much shall be in hi~
hands, and if not, so much as shall be i~ihis hands, and apply the
overplus thereof, if any, towards satisfyin~the debt and costs in So in
such execution mentioned. Provided always, That the said rent, ~
so to be paid ito the landlord, shall not exceed one year’s rent.~ ns. scc’c. u
V. And be it further enacted, That in case an~lessee for life or
lives, term of years, at will, or otherwise, of any messuages, lands
or tenements, upon the demise whercaf any rents are or shall be conveyed
reserved or made payable, shall, from and after the publication of v~niie?n~e
this act, fraudulently or clandestinely convey or carry off or from ~
such demised premises his goods and chattels, with intent to pre-
vent the landlord or lessor from distraining the same for arrears of~y~~”
such rent so reserved as aforesaid, it shall and may be lawful to and
for such lessor or landlord, or any other person or persons, by him
for that purpose lawfully empowered, within the space of thirty days
next ensuing such conveying away or carrying off such goods or
chattels as aforesaid, to take and seize such goods and chattels,
wherever the aame ma~be found, as.a distress for the said arrears
of such ren; 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, custom or usage, to the contrary not-
withstanding.
VI. Provided nevertheless, That x~othingherein contained shall t7nflessse1~i
extend, or be deemed or construed to extend, to empower such
lessor or landlord to take or seize any such goods or chattels as a made.
distress for arrears ofrent, which shall be, bona /ide, and for a valu-
able consideration, sold before such seizure made to any person or
persons not privy to such fraud as aforesaid, any thii~gherein to
the contrary notwithstanding. -

‘% ii. And be it further enacted, That from and after the pub- Catt1e~tock.
l~cationof this act, it shall and may be lawful to and for every les- ~
sor or landlord, lessors or landlords, or his, her or their bailiff, re-
ceiver, or other person or persons empowered by him, her or them,
to take and seize, as a distress for arrears of rent, any cattle or stock
of their respective tenant or tenants, feeding or depasturing upon
all or any part of the premises demised or holden; and also to take
arid sejzt~all sorts of corn and grass, hopr, roots, ~‘ruits,pulse or
 i 772w other product whatsoever, which shall be growing on any part of
L..y..Jthe estate or estates so demised or holden, as a distress for arrears
of rent, and to appraise, sell, or otherwise dispose of the same, to-
wards satisfaction of the rent for which such distress shall have been
taken, and of the charges of such distress, apprrdsement and sale,
in the same manner as other goods and chattels may be seized, dis-
trained and disposed of, and that the purchaser of any such corn,
grass, hops, roots, fruits, pulse or other product, shall have free
egress and regress to and from the same where growing, to repair
the fences from time to time, and, when ripe to cut, gather, make,
cure, and lay up and thresh, and after to carry the same away, in
the same manner as the tenant might legally have done, had such
distress never been made.
VIII. “And whereas great inconveniences may frequently hap-
“ pen to landlords, by their tenants secreting declarations in eject-
dC ment, which may be delivered to them, or by refusing to appear
“ to such ejectments, or to suffer their landlords to take upon them
athe defence thereof:” Be itfurther enacted, That, from and after
~ the publication of this act, every tenant, to whom any declaration in
~~ec1a~ ejectment shall be delivered for any lands, tenemerits or heredita-
~ctmeni. ments, within this province, shall for~iwlthgive notice thereof to
his or her landlord or landlords, or his, her or their bailiff, receiver,
~tgentor attorney, un4er penalty of forfeiting the value oftwo years
rerit of the premises so demised, or holden in the possession of such
tenant, to the person of whom he or she holds; to he recovered by
action of debt, to be brought in any ofthe Courts of Common Pleas
within -this province, wherein no essoin, protection or wager oflaw,
shall be allowed, nor any more than one imparlance.
?L~nne~o~ IX. And be itfurther enacted, That ~t shall and may be lawful
e~. for ~he court where such ejectment shall be brought to su~erthe
~ landlord or landlords to make him, her or themselves defendant or
defendants, by joining with the tenant or tenantS, to whom such de-
claration in ejectment shall be delivered, in case he or they shall ap-
pear; hut in case such tenant or tex~antsshall refuse or neglect to ap-
pear, judgment shall be signed against the casual ejector, for want
of such appearance; but if the landlord or landlords of any part of
the lands, tenements or hereditaments, for which such ejectmcnt~
was brought, shall desire to appear by himself or themselves, and.
cQnsent to enter into the like rule, that, by the course of the court,
~he tenant in possession, in case he or she had appeared, ought to
have done, then the court where such ejectmcnt shall be brought
shall and may permit such landlord so to do, and order a stay of
çxecution upon such judgment against th~casual ejector, until they
shall make further order therein.
X. And whereas great difficulties often arise in making avowries
~oten~dan~a or conuzance upon distresses for rent: Be it further enacted, That,
io aJ~iw~r fron~and after the publication of this act, it shall and may be law-
~ ful for all defendants in replevin to avow and make conuzance
generally, that the plaintiff in replcvin, or other tenant of the lands
and tenements whereon such distress was made, enjoyed the same
under a grant or demise, at such a certain rent or service, during
the time wherejii the rent or service, distrained for incurred, which
 378

rent or service was then and still remains due, without further set- 1772.
ting forth the grant, tenure, demise or title, of such landlord or ~
landlords, lessor or lessors, any law or usage to the contrary not-
withstanding; and if the plaintiff or plaintiffs in such action shall
become non suit, discontinue his, her or their action, or have judg-
ment given against him, her or them, the defendant or defendants
in such replevin shall recover double costs of suit.
XI. And to prevent vexatious replevins of distresses taken for
rent, Be it enacted, That, from after the publication of this act, all
Sheriffs and other officers, having authority to serve replevins, may pl~~in~to5
and shall, in every replevin of a distress for rent, take in their ~ ~~ath~n
names from the plaintifr, and one responsible person as surety, a~~tl~ &V.
bond, in double the value ofthe goods distrained (such value to be
ascertained by the oath or affirmation of one or more credible per-
son or persons, not interested in the goods or distress; which oath
or affirmation the person serving such replevin is hereby authorized
and required to administer) and conditioned for prosecuting the
suit with effect, and without delay, andfor 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 conuzance, assign such bond
to the avowant or person aforesaid, by indorsing the same, and at-
testing it under his hand and seal, in the presence oftwo credible
witnesses; and if the bond so taken and assigned be forfeited, the
avowant or person making conuzance may bring an action, and re~
cover 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 ~f a defea-
èance to such bond.
- XII. And whereas it frequently happens within this province,
that lessees or tenants for years, or at will, often hold over the te-
nements to them demised after the determination of such leases,
and although such lessees and tenants have been required to deliver
up the tenements to the landlord or lessor, who had occasion to
dwell in his own house, or give, grant or demise the same to ano-
ther, yet they have most unjustly refused so to do, and have obliged
the lessors or landlords, at a great expense, to bring ejectments
against their tenants, and, by the delays incident to law proceedings,
have kept the owner ofthe house at law, and out ofpossession, se-
veral years: For preventing therefore such unjust practices, Be it
further enacted, That where any person or persons in this province, ~
having leased or demised any lands or tenements to any person or
persons for a term of one or more years, or at will, paying certain ~ossessio10
rents, and he or they, or his or their heirs or assigns, shall be desi-
rous upon the determination of the lease to~have again and re-pos-
sess his or their estate so demised, and for that purpose shall de-
mand and require his or their lessee or tenant to remove from and
leave the same, if the lessee or tenant shall refuse to comply there-
with, in three months after such request to him made, it shall and
may be lawful to and for such lessor or lessors, his or their heirs and.
 2772. assigns, to complain thereof to any two Justices of the city, town or
~ county where the demised premises are situate, and upon due proof
made before the said Justices, that the said lessor or lessors had
been quietly and peaceably possessed of the lands or tenements so
demanded to be delivered up, that he or they demised the same,
under certain rents, to the then tenant in possession, or some per-
son or persons under whom such tenant claims, or caine into pos-
session, and that the term for which the same was demised is ftilly
ended, that then, and in such case, it shall and may be lawful for
•the said two Justices, to whom complaint shall be made as afore-
said, and they are hereby enjoined and required forthwith to issue
their warrant, in nature of a summons, directed to the Sheriff of the
county, thereby commanding the Sheriff to suimnon twelve sub-
stantial freeholders to appear before the said Justices, within four
days next after issuing the same summons, and also to summon the
lessee or tenant, or other person claiming or coming into possession
I under the said lessee or tenant, at the same time to appear before
them, the said Justices and frecholders, tq shew cause, if any he
has, why restitution of tl’iç possession of the demised premises
should not be forthwith made to such lessor or lessors, his or their
heirs or assigns; and if, upon hearing the parties, or in case of the
tenant’s, or other persons claiming or coming into possession under
the said lessee or tenant, neglect to appear after being summoned as
aforesaid, it shall appear to the said Justices and freeholders, that
the lessor or lessors had been possessed of the lands or tenements -

in question, that he or they had demised the same for a term of

years, or at will to the person in possession, or some other under
whom he or she claims or came into possession, at a certain yearly
or other rent, and that the term is fully ended, that demand had
been made of the lessee, or other person in possession as -aforesaid,
to leave the premises three months before such application to the
said Justices, that then, and in every such case, it shall and may be
lawful for the said two Justices to make a record of such finding by
them, the said ~ustices and freeholders, and the said freeholders
£hall assess such damages as they think right against the tenant, or
other person in possession as aforesaid, for the unjust detention of
the demised premises, for which damages, and reasonable costs,
judgment shall be entered by the said Justices, which judgment
shall be final and conclusive to the parties, and upon which the said
Justices shall, and they are hereby enjoined and required to issue
their warrant, under their hands and seals, directed to tl’~eSheriffof
the county, commanding him forthwith to deliver to the lessor or
lessors, his or their heirs or assigns, full possession of the demised
premises aforesaid, and to levy the costs, taxed by the Justices, and
damages so by the freeholders aforesaid assessed, of the goods and
chattels of the lessee or tenant, or other person in possession as afore~
said, any law, custom or. usage, to the contrary notwithstanding.
Thnnerof - XIII. Provided alwa98neverthele.sr,That if the tenant shall allege
that the title to the other
lands and tenements in question is shall
disputed
~ro di~puted~claimed by some person or persons, whom he name,and
in
virtue of a right or title accrued or happening since the commence-
ment of th~lease, so as aforesaid made to him, by de~cent,deed, 01
 375

from or uii~lerthe lm~stwill ofthe lessor, and if thereupon the pers~m 2772w
so claiming shall forthwith, or upon a summons, immediately to be ~
issued by the said Justices, returnable in six days next following,
before them appear, and on oath or affirmation, to be by the said
Justices administered, declare that he verily belieiies that he is en-
titled to the premises in dispute, and shall, with one or more suffi-
cient sureties, become bound by recognizance in the sum ofone hun-
dred pounds to the lessor or lessors, his or their heirs or assigns,
to prosecute his claim at the next Court of Common Pleas to be
held for the county where the said landis and tenements shall be,
that then, and in such case, and not otherwise, the said Justices shall -

forbear to give the said judgment. Provided also, rI~hatif the said
,.claim. shall not he prosecuted, according to the true intent and
meaning of the said recognizance, it shall be forfeited to the use of
the lessor or landlord, and the Justices aforesaid shall proceed to
give judgment, and cause the lands and tenements aforesaid to be’
delivered to him in the manner herein before enjoined and directed.
XIV. And whereas, after the determination of such leases so
made as aforesaid, no distress can by law be made for any arrears of
rent that grew due on such respective leases before the determina-
tion thereof: Be it therefore further enacted, That, from and after Arrears of
the publication of this act, it shall and may be lawful for any per-
son or persons, having any rent in arrear or due upon any lease for
life orlives, or for one or more years, or at will, ended or determined, t~nof1case5,
to distrain for such arrears after the determination of the said re-
spective leases, in the same manner as they might have done, if such
lease or leases had not been ended or determined; provided that
such distress be made during the continuance of such lessor’s title
or interest.
Passed 21st March, 1772.—Recorded A. vol. V. page 457. (y)
(rny) By an act passed April 6th, recover any rents due, subsequent to
~802, (chap. 2294,) entitled “An act to such sale, as the defendant, as whose
enable purchasers at Sheriffs’ or Coro- property the same was sold, might or
ners’ sales to obtain possession.” The could have, if no such sale had taken
purchasers of lands, &c. at SherifTh’ place; and if, after notice of such sale,
sales may give notice to the defendant, the tenant, oc other person occupying
or person in possession, requiring him the premises, shall pay any rent to the
to surrender up the same ; and the man- former landlord~lie shall be liable to re-
ner ofproceeding to gain the possession, pay the same to the purchaser. The
where it is ‘withheld forthree months af. remaining part of the act relates~tosales
ter such notice; and also where the previously made.
person in possession disclaims to hold By the 20th section of the act of
under the defendant named in the ex- March 20th, 1810, consolidating the
‘ecution, by virtue whereof time sale was difFerent laws for the recovery of debts
made, is prescribed, being similar to and demands not exceeding one hun-
the mode ofproceeding directed in the dred dollars, which repeals and sup~
twelfth and thirteenth sections ofthe plies a former act containing a similar
act in the text; and no certiorai~ishall provision, the powers of Justices of the
be a eupersedea.m, or have any effect to peace ar~extended to all cases ofrent
prevent or delay time execution, oi’ deli. not exceeding one hundred dollars, so5
very ofpossession. -
far as tq compel the landlord to d~fal-
Where such sale has been made of cate, or set ofF the just account of the
lands under lease, at the lime of sale; tenant out of the same; but the land-
the purchaser, after receiving time She- lord may waive further proceedings be-
iifl’s deed, sludi be considered as the
landlord, and shall hare, the like re— fore the Justice, and pursue the method
of distress in the usual manner, for the
‘i~edzes by distress, or otherwise, to balance so settled but. ~f an’,
 3~’6

~‘72. shah be convicted, after such waiver, be impounded in se%erai places, whier~
in any Court of Record, of distraining by the owner, or owners of such dis-
for, and selling more than to the amount tress shall be constrained to sue seve-
of such balance, and of detaining the ral replevies for the delivery of time saId.
surplus in his hands, he shall forfeit to distress so takeii at one time; upoit
the tenant four times the amount of the pain every person offending contrary to
sum detained. But no appeal shall lie this act, shall forfeit to time party grier..
in the case of rent, but the remedy by ed, for every such ofFence, an hundred
replevin shall remain as heretofore. shillings, and treble damages.”
The ancient fictitious mode of pro. 52 Hen. 3, chap. 15, (stat. of Marib,)
1
ceed.ing by the delivery of a declaration in what places distresses shall not be
in ejectment, is abolished by the 12th taken. “It shalt be lawful for no man
section of time act to regulate arbitra- from henceforth, for any manner of
tions and proceedings in Courts of Jus- cause to take distresses out of isis fee,
tice, passed March 21st, 1806, (chap. nor in the King’s highway, nor in time
2686,) and a new writ of ejectment is common street, &c” -

formed; anti it is declared that an eject- 11th Geo. 2, chap. 19, sect. 14. ‘And
ment shall not be brought otherwise. to obviate some difficulties that many
But no provision is made for the case of times occur in the recovery of rents,
a3otice to the landlord, when such writ where the demises are not by deed,
may be served on the tenant, and it may Be it enacted, &c. That it. shall and may
deserve consideration, how far the be lawfiul to and for the landlord or
eighth section oftime act in the text is landlords, where the agreement is not
affected by time new act. By the sup- by deed, to recover a reasonable satisi.
plement, passed April 13th, 1807, faction for the lands, tenements or he-
(chap. 2872,) a provision is introduced reditaments, held or occupied by the
corresponding with time ninth section of defendant or defendants, in an action on
the act in the text, “That time defen- the case, for the use and occupation of
dant may defend upon his own title, or ~vhat was so held or enjoyed; and if in
the title ofthirdpersons ; andthe landlord evidence on time trial of such action, any
may, as heretofore, be admitted as de- parol demise, or any ‘agreement, (not
fendant, and in such case on the trial, being by deed) whereon a certain rent
shall admit himself in possession. was reserved, shall appear, the plain-
Connected with the subject of the tiffin such action shall not therefore be
act in the text, there are various En- nonsuited, but may make use thereof as
glish statutes extending to Pennsylva- an evidence ofthe qzeantuln of damages
nia. to be recovered.
Thus, the remedy for an excessive SEc’r. 15. And whereas where any
distress, is founded on the statute of lessor or landlord, having only an es-
.LWarlborough (commonly called the sta- tate for life in time lands, tenements or
tute of Marlbridge,) 52, Hen. 3, chap. 4. hscreditaments demised, happens to die
“None frot~shenceforth shall’cause before, or on the clay, on which any
any distress that he baths taken, to be rent is reserved, or made payable, such
driven out of time county where it was rent, or any part thereof, is not by law
taken; and if one neighbour cia so to recoverable by the executors or admin-
another of his own authority, and with- istrators of such lessor or landlord;
out judgment, he shall make fine as fo~ nor is the person in reversion entitled
a thing done against the peace never- thereto, any other than for time use and
theless, if the lord presume so to do occupation of such lands, tenements or
against his tenant, he shall be grievous- hereditaments from the death oftenant
ly punished by amerciament. Moreover, for life; of which advantage hsath been
distresses shall be reasonable, and not often taken by the under-tenants, who
too great. And he that taketh great thereby avoid paying any thing for time
and unreasonable distresses, shall be same For remedy whereof, ~e itenact-
grievously anierced for the excess of ed, &c. That where any tCnant for life
such distresses.” 4 shall happen to die befure, Or on the
1 & 2, Philip & .. I~vy,chap. 12, an day, on which any rent was reserved or
actforthe impoundingofdistresses. “No made payable upon any demise or lease
distress of cattle shall be drive.n out of of any lands, tenements or heredita-
the hundred, &c. where such distress mncnts, which determined on the death
is, or shall be taken, except that it be of such tenant for life, that the execu-
to a pound overt within the same shire, tors or administrators of such tenant-
not above three miles distant from the for life, shall and may, in an action on
place where the said distress is taken; the case, recover of and from such on-
and that no cattle, or other goods, dis- der-tenant, ot~ under-tenants of such
trained or taken by way of distress for lands, tenements or isereditaments, if
any manner ofcause ‘at one time, shall such tenant for life die on the day on
which the same was macis p~yab1e,the Be it enacted, &c. That the e~ec’utor5 1 7~2.
whole, or ifbefore suds day, then a pro- and administrators of every person or
portion, of such rent according to the persons unto whom any rent or fee farm
time such tenant for life lived, of the is or shall be due, and not paid at time
last year, or quarter of a year, or other time of his death, shall and may have
time in which the said m’ent was grow- an action of debt for all such arrearages
ing due as aforesaid, making all just al- against the tenant or tenants that ouglmt
]owances, or aproportionabie partthere. to have paid the said rent or fee farms
ofrespectively. so being behind in the life of their tes-
The stat, of 32 Hen. 8, chap. 34, gives tator, or against the executors or ad.’-
to grantees of reversions advantage of niinistrators oftime said tenants; and. al-
the conditions to be performed by the so further more, it shall be lawful to
lessees. (Such ~ as relates to time every such executor and administrato’,
king and his grantees, does not, of of any such person or persons unto
course, e±tendto Pennsylvania.) It is en- whom such rer,t or fee farm is us shall
acted, “That as well all and every per- be due, and not paid at the time of his
soim and persons, and bodies politic, be- death as is aforesaid, to distrain f~rthe
ing grantees or assignees, &c. their ars.earages of all such rents and fee
heirs, executors, successors and assigns farms, upon the hands, tenements and.
of every of them, shall and may have other hereditaments, which were charg-
and enjoy like advantages a~’ainstthe ed wi,th time payment of such rcnts anti
lessees, their executors administrators fee farms, and chargeable to the dis-
and assigns, by entry for non payment tress of the said testator, so lone as the
of the rent, or for doing waste, or other said hands, tenements or hereditaments
forfeiture; and also shall anti may have continue, remain and be in the seisin or
and enjoy all and every such like and possession ofthe said tenant in demesn,
the same advantage, benefit and reme- who ought immediately to have paid the
dies by action only for not performing said rent or fee farm so being behind,
of other conditions, covenants or agree. to the said testator in isis life or in the
ments contained and expresscd in the seisin or possession of any other person
indentures of their said leases, demises or persons claiming the said lands, t,e-
or grants, against all and every time said nements and hereditaments oisly by and
lessees aad farmers and grantees, their from the same tenant by purchase, gift
executors, administrators and assigns, or descent, in like manner and form as
as the said lessors, or grantors them- their said testator might or 9ught to
selves, or their heirs or successors have done in his life time; and the said
ought, should or might have had. and executors and administrators shall, for
enjoyed at any time or times, in hike time same distress, lawfully make avow-
manner and form, &c. moreover, Be it ry upon their matter aforesaid.
enacted, &c. That all farmers, lessees And be it fbrtlze,’ enacted, That,if any
and grantees of manors, lands, tene- maim which now bath or hereafter shall
ments, rents, portions, Or any other ime- have in the right of huis wife, any estate
reditanments for term of years, life or in fee simple, fee tail or for term of hif~
lives, their executors, administrators or of, or in any rents or fe~farms, and the
assigns shalt and. may have like action, same rents or fee farms now be, or
advantage and remedy against all n~nd hmerecsfter shall be due, behind and un-
every person and persons and bodies po- paid in the said wife’s life ; then the
litic, their heirs, successors and assigns said husband, after the death of his said
which have, or shall have any gift or wife, his executors and administrators,
grant of any other person or persons of shall have an action of debt for the said.
the reversion of the same manors, lands, arrearages against the tenant ofthe de-
tenements and. other hereditaments so mesa that ought to have paid the same,
letten, or any parcel thereof, for any his executors and administrators ; and
condition, covenant or agreement con- also the said husband, after the death of
tained or expressed. in the indentures hls said wife, may distrain for the said
of their lease and leases as the same arrearages, in like manner and form, as
lessees or any of them might and should. he might have done if his said wife had.
have bad against the said lessors and been timen living, and make a~’owiy
grantees, their heirs and successors all upon his matter as is aforesaid.
benefits and, advantages of recoveries in And likewise, it is further cnacteds
value by reason of any warrants in deed. that if any person or persons shall have
or in law by voucher or otlser~viseonly any rents or’ fee farms for term oflife or
excepted. lives of any other personor persons, anti
32 lIen. 8, chap. 37. For recoverS’ of the said rent or fee farms shall be due,
arrearages of rents by executors of te- behind, and unpaid, in the life of such
nant in fee simple. person or persons for whose life or l~v’s
‘VOL. 1, 3B
 3~’8

l7~. the estate of time said rent or fee farm 4. That, therefore, time goods dis.
did depend or continue, and after the trained ought (althougha contraryprac-
said person or persons do die, then he tice has prevailed) to be valued before
unto whom the said rent or fee farm they are delivered on a replevin.
was due in form aforesaid, his executors Verdict for the plaintiff, for the value
or administrators, shall and may have of time goods distraiimed. 1 Dallas, 341.
an action of debt against the tenant in And in the case of Oxicy v. Copper-
demean, that ought to have paid the thwaite, 1 Dallas, 349, which was also an
same when it was ñrst due, his execu- action for taking insufficient sureties on
tors anti stdils’inistratorg; and also dis- a replevin bond; the question was,
train for the same arrearages upon such veiuethuer a Sheriff is responsible thatthie
lands and tenements out of whichu the sureties shall prove sufficient on time
said rents or fee farms were issuing anti event of the replevin; or only that they
payable, in such hike manner anti form were of good credit at the time of their
ashe ought or might have done, ifsuch entering into the bond?
person or persons by whose death the Sizippen, President.—The case of a bail
aforesaid. estate in time said rents anti feebond differs, I think, in one respect, at
farms was determined and expired, had least, from a replevin bond; for the an!.
been in full life, and not dead; and the ficiency of time former may speedily be
avowry for the taking of the same dis- inquired into, but the hatter must wait
tress to be made in manner and form time event of time replevin, wimich may be
aforesaid. suspended for several yeas’s, until, per-
The following statutes, prior in point imps, by the vicissitudes of trade and
of time to this foregoing, also extend to fom~tune,the sureties have become insol-
Pennsylvania, and are connected with vent. This, therefore, is certainly a
the subject of landlord and tenant; but hard part of the Sheriff’s duty. But
not so immediately with the subject there is likewise a hardship in time case
matter of this act in time text, as 11 Hen. of the landlord; for, by time replevin hue
6, chap. 5, which provides a remedy is divested ofthe immediate security of
where a tenant granteth over his estate, his tenant’s goods, and yet has no sight
ta~ethutheprofits,and committeth waste, to interfere iim time choice of time sure-
~‘ Hen. 8, chap. 4, an act concerning ties, that Ondertake to sec them return-
avowries for rents and services—How ed ~vheimhue has established his demand.
rents and services may be recovered by From this view, then, it certainly
ctvowry; the recoveror in a common re- seems reasonable, that lie, who is ex-
covery, may distrain for the rents and clusively autimorised to take and judge
services of the tenant, &c. 3’2 Hen. 8, of’ time security, should rallier be af.
chap. 28, Lessees to enjoy the farm fecteil by its eventual insufficiency,
against tenants in tail; and of leases than he ~vlmohas no m’ight to question its
made bylmusband and wife, ofhands held validity. The authorities, indeed, are’
in right of the wife, &c. positive, tluat, if the sureties do notjzro~sc
See chap. 139, ante. page 44, and the sufficient, the Sheriff is liable; and, al.
rsote~thereto subjoined. thongim the ~~ase must frequently have
Thmej’ohlowing points have been deter. happened, no contrary decision can bq.
mined~under the 11th section of the pi’oduced; for,1 ism Murg’ack v. TV~14and
act in the text. TVetelz v Froegor, both lately tried here,
the counsel ptit time cases upon tlmc point
Miv’dock v. Trill. of insufficiency of time sureties at the
A~tios~. against the Sheriff for taking Lime of taking them; so that the pt’e-
mnstsfficsent sureties on a replevin bnn~l. sent point never came in question.
The Presidentof time Common Pleas laid That the policy ofthe law bears hard
down the following positions: in this respect upon the Shem~ifi may be
1. That as the law gives the remedy a reason with thin legislature to make
of distress to a landlord, it is incum- some new provision for an enquiry into
bent upon tIme Sheriff to see that these- time sufficiency of the bail in an earlier
curity is good, before he returns time stage of time cause; but canimot be a ,ius.
property on a replevin. tification for our decidiimg, at this time,
2~That evid~nceof a vague report of contrui~yto an establishmed priimcipie.
the sure~y~s bein~in good circumstan- The Court are, therefore, clearly oC
ces, is not sufficient to repel the proof opinion, that time verdict, on the ques-
made by the plaintifF, that his circum- tion of law, ought to be jim favour of the
stances were bad at the time of the re. ph~intiff.
plevin. Verdict accordingly, for plaintiff; for
3. That the value of the clhtress, at damages to the valise of time goods at
the time of the replevin, and not the the time they were di~trained.
amount of the rent due, is the proper So, it was adjudged, in the case Of
measure of damages ip this action. .212’illcr v Foutz, in the Supreme Coutl,1
 379
Dcc’s, 1798. That time bail for defend-
ant in replevin, oiu a claim of property,
are liable to the extent of time Penalty of
tlmeir bond. MSS. Reports.
In Phitipsy. Hyde, 1 Dallas, 439- Debt
upon a replevin1 bond:—after judg-
ment de retorno . mabendo, the Sheriff re-
turned an elongate?’.
The defendant offered to prove, that
time goods lied been tendered to the
plaintiff; and, therefore, thìat the coimdj.
tion of the replevin bond had been per.
formed.
This was opposed, on the ground, that
no evidence could be received to con-
tradict the Simeriff’s return. See 12,
Mod. 424. T. Raym. 485,487. 2 Mod.
10, 11. Cr0. El. 872, p1. 9.
In reply, it was admitted, that some
returns of the Sheriff could not be tra-
versed; but it was contended, tlmat time
return of elsnga~urwas not ofthat class.
See 12 Mod. 426.
Time Court over-ruled. time evidence.
A question then arose, wimether time
jury could include the costs whiclu had
accrued on the replevin, in their verdict
in the present action: and the Court
were clearly of opinion, tlmat theycould,
and ought to do so. Conformably to
which was the verdict of thejury.
And, goods distrained and replevied.
~re discharged from time lien of the dis-
frainor; but if the identical goods di’s-
trained are found in time imands of the te-
nant, sindisposed of, and unincumbered,
they way be taken on a retorno liabendo.
(See sect. 1.)
Timus, in the case of TVogtcmGnv. Cop-
pertlzwaite, 2 Dallas, 68,—whuich was an
action brouglmt by the Sheriff of Pizila-
delp/ila, for taking goods by virtue of a
writ de retorno Izabendo the facts were
as follow: One C’resson distrained goods
of Hamilton, for rent d.ue to S. Emlen:
RainIttou replevied time goods, and gave
security to the Sheriff in time usual form;
hue afterwards moved with his goods in-
to time Imouse of time plaintiff, whmo, after
rent luad accrued to him, distrained the
goods; Hamilton, the next day after
this distress, removed the goods from
off time nremjses; they were followed
by the oflicer, whomade time seconddis-
tress, andhe hued them appraised in the
lmotmse to which ffamilta’z had removed
them; shortly after this appraisement,
and while the goods remained where
tlmey were appraised, the defendant in
the first replevin obtained judgment for
his rent, and issued a retorno Izabendo;
by virtue of ‘wimi~hs,time Simeriff took the
goods, and delivered them to creseoa,
who sold them at public vendue.
The question submitted to the Court
was, wh,ether the goods were liable to
be taken under the reto.rno liabendo, in ~ 772.
‘preference of, or to exclude TV~glana’o
distress? or whether, by time removal of
the goods by Hamilton, time lien on the
property, acquired by TYoglam’s~distress
was not defeated as against .Enzlen ~
The President, after recapituhating
the above facts, delivered time opinion
of the court.
S/zipptn, President. The first point
which arises on t?me case, is, wbethe~
there was any subsisting lien in favouf
of tue first distrainor, time goods having
been replevied, and security given?
Whatever doubt there suight have
been before, it appears to be now set-
tled (1. Bro. Chico. Ca. 427,) that no
lien remained in the distrainor, By time
replevin, the securities in the bond are
substituted. in the place of time goods,
whmich are restored to the terpmnt, ai his
sole pm-operty; lie may sell timem; they
may be taken in execution ; and they be-
come hiab~eto aumy future hien or incum~
brance. Upon the retorno liabendo, if
the identical goods disti’ained, are found.
in time hands of the tenant undisposed
of, and unincumbered, timey may be tak~
en by time Sheriff; if iiot, after an don-
gati returned, a u’itl,ernam mnay go
against the general goods of the tenant.
As to the removal of time goods by
time tenant, and the subsequent appraise-
ment, it will be proper to take notice of
the alterations made in the common law,
by time statutes in England, and our acts
of Assembly. —
Distresses for rent being, at common
law, in nature only of pledges, the dis-
trainor had no power to sell or dispose
of timem, till time stat. 2 Wm. and. Ma. c.
5, ~ 2, whiclm directs, that, if upon a dis-
tress made, time tenant did not, in five
days after, replevy the same, the per~
son distm’aining might, with a proper of-
ficer-, cause the goods distrained to be
appraised, and after such appraisement
to be sold, The stat. of the 11 Geo.2,
c. 19, makes it iawful for the distrainor
to impound the distress on the premi.-
ses, and there to appraise, sell and dis-
pose of’ tlmem. Our act of assemblypur-
sues, in general, the stat. of Willzam,
and contains some of the ,clauses of the
latter statute, but omits that which em~
powers time landlord. to impound. on thu
premises ; time usage, however, has beesm,
both before and since our act of assem,-
bly, to impound on the premises agree-
able to the directions ofthe act of Geo.
2d. Whether thatusage whiamountto
an adoption of time statute, imeed. not be
considered. in time present case, because
time goods did not remain upon time pre-
mises that length oftime which the sta.
tute reqml’ires to give thmç landlord it
 aso
subsequent to time seconddistress asic!
1772. might to appraise end sell them without all
‘.~ a removal; but it ;s material to consider appraisement, and before the distreinor
‘whether under our act of assembly lie could by law expose timem to sale. We
might not legally leave them on timepre- therefore think, timere was no default in
‘onises, for time space of time wimich he hmim, that the goods were in cuatodia legis,
appears to have done. The clause in subject to imis hieim, and were, conse-
time statute of William before recited, quently, wrongfully taken by time defén-
is transcribed, almost verbatim in time dant, under the writ of retorno lmabe,’mdo.
n~tof assembly. The, case of Griffin V. And, in .Frey v. Lccpcr, 2 Dallas, 131,
Scott in 2 Stra. 717, was determined Time question was, wimetimer goods,
many years previous to the stat. 11 whicim, after being. distrained for rent,
Geo. 2. It was an action of trespass had been replevied, and delivered to time
against a landlord, for entering imis plaintiff in repievin, could be taken in
house, Sand keeping possessloim oflmis execution?
goods fbr eight days. The mlef’endan.t By the Uourt ; This point has been al-
~ustified under a distress for rent, and ready determined in Philadelphia. Time
the court say in that case, that the de- lien on time goods is discharged by time
fendant ought to have removed the security given to the Sheriff; and as
goods at time five days end, but having soon as timey are delivered back to time
Irept them for eight days, he was a tres- plaintiff in replevin, timey are open to
passer for time other three days. This im- execution, or a new distress.
plied strongly, that the construction On time replication ofrjefls in arrear,
of the stat, of William was, that the time Jury ascertain the sum due to time
distrainor might leave time distress on avowant for rent, and are not confined
the premisesforfive days, mentioned in to time value oftime goods distrahned.
the act, that the tenant migiut have time Thus, in Al/wig/mt v. Pickle, Circuit
opportunity of replevying timem, in the Court, Nortimumberiand, Oct. 1805, be-
same plighmt in which they were, when fore Thatcs, ~ in replevin for certain
distrained. If that ‘was the construe- goods distraineci, &c~ The defendant
tion of the statute of William, the hike avowed for rent in arrear~ The plain-
construction will hold under our act of tiff replied timat no rent was in arrear.
assembly, which follows time words of Time defendant’s counsel, Imaving es-
thestatute. Even atcommon iaw, goods tabhishmed the contract to pay the reimt,
distrained might be left on time premises contcnded.that thçy were entitled to re-
for a reasonable time. In the present cover time whmole sum, with interest
case they were heft but one day befqre from time time ofbringing time suit.
they were removed by the tenant him- TimeplaintifPs counselinsisted timattime
self; and they were quickly follDwed, avOwant could onhy recover time value
and appraised in the house to which of time articles distr~ined; imis remedy
they were removed. By the act ofas- being by time writ of retorno imabe,mde,’
sembly, they could not be appraised and cited 17 Car. 2, c. 7. flull. 58, ~3
till five days after time distress; they Term. Rep. 349. That if’ time Jury
were actually appraised in eight days, should find a aiim in ai’rcam’ exceeding
thoughm clandestinely removed by time te- the value of” thom articles distrained, a
nant in the mean time. By time common Judgmeimt thereon couldnot be unforced
law, in time case of a pound breach, by by any execution known to time iaw, and.
the owner of the goods, the distrainor would rhem’efore be of no effect.
may have his action de parco ,fracto, or By time court; The issue joined, is,
may take time goods distrai,med ‘wimereve,’ he wlmctber any, amid what rent is in ai’rear
finds them, and impoimnd tlmem again, and I do not see imnw the Jury can be
Co. Lit. 47, 6—1 Rolh. Abr. 674, 12 prevented from ascertaining it; wlmetluer
Mod. 661. The fohlosviog time goods, time verdict can be im~forcedby execu-
and making time appraisement inso short tion or othem’wise, is anotimem’ considet’a-
a time, under the directions of the offi- tion,
cer who made the distress, was all thiat Timestat. 17, c. 2, c. 7, extends to cases,
could be ~easonabiy expected from time where a plaintiff in replevin, whose
landlord, wbmo ougimt not to be defeated goods have been clisti’ained for rent, is
of his remedy, by time unlawful act of nonsuited before, or after issue c,ined.
the tenant. If not defeated as against Time statute does not alter time judgment 1
the tenant, he could not be defeated as at common hew, but gives a further re-
against time first dhstrainor, wimo hmad no mnedyto time avowant. On a verdict for
better right than time tenant himself hmad time avowant, time Jury in tiuat verdict
‘unless his original lien lied continued. ascertain time clamagra, and timeim timere
Time judgment for a return in favour needs no writ of’immquiii’y ; but the jitdg’
of tIme first distrainor, the issuing the ment is eimtc~ed, that time defendsiut
‘writ of s’eeorn~,i,abe,ndo, and the taking Imave a return of time cattle or goods tak-
;1)~egoods under it by tIme Sheriff; were en, and timat he recover against the
 381
Plaiimtiff/’ fbr his damages by tIme ju-
ry aforesaid, in form aforesaid, assessed,
and also‘~‘ fur lmis chmarges and costs.
Our Act of Assembly of 21st March,
1772, pursues in many particulars, time
Britisim Statute of 11 Geo. 2, c. 19, and
time 11th section of the former, is concbm-
cd nearly in time same terms with time
23d sect. of time latter. The simeriff is
4urected to take a bond. in double the
value of the goods distrained, condition.
ud to prosecute tIme suit with effect,
and to return the goods distrained, in
case a return shall be awarded; and the
same being assigned to thom avowant, lie
may recover tlmereupon in hmis own
name; “ammd time court wimei’e suciu ac-
tion simall be brougimt, may, by a rule,
give such relief to the parties upon
umucim bond, as may be agreeable to jus-
tice and reason, and sucim rule shall
have time nature and effect of a defea.
sance to~suchbond.”
This mode of proceeding is now ge.
imeraily pre.fet’m~ed,and is mmot affected by
the former stat, of 17 Car. 2. c. 7.—
Timerefore it would seem,that in sucim a
case as time present, the avowant wouid
not be witimout relief, to time e~xtentot’
time penalty of time Repievin Bond. He
is not bound to sue out imis writ of retor-
no lie/wade, though ajucigment of return
is entered for him, as a matter of
course.
It is not the usage in this state, to al-
low interest on rent; but from time time
time landlorddistrains, or sues for it, it is
customary fur time Jury to make such
allowaimee. Time practice is riglmt and
proper in itself. Whmere one ummreason-
ably and vexatiously delays another from
the recovery of his: just debt, time least
compensation hue can make, is to pay in-
erest foi’ time d~iayhe has timus given.
Verdict accordingly for time rent in
arrear, and interest from time time of
suing out time rephevin. MSS. Reports.
See 2, Binney, 154.
1mm replevin, ~vhem’ctime goods are de-
livered to time plaintiff, the court will
mint give imint leave to discontinue.
Broo,mv V. Fox, March, 1800. MSS. Re-
ports, Sup. Court.
Upon time 5th Section of time act, time
following case has been decided.
Adams v. Lacontb,
Rcpleviim. The material question, on
time trial of’ this cause, wits, whether
the goods of a riranger, being removed
fm on, time premmses before a distress,
could be pursued aimd seized within time
timmi’ty days.
Shippe,, President, in time cimni’ge to
the jury, delivered it as time cheai’ opi-
~mson of time Court, thmat time right of pmir.
suing and seizing goods afte,r their re 1772.
moval, was confined to time goods of’ the
lessee, from wimoni the rent was really
due; and that time goods of a stranger
could oimiy be distrained wimihe they
were on the premises. 1 Dallas, 440.
Time landlord is entitled to time rent
due to the time of time sheriff’s levying
on his tenant’s goods found on time pre-
mises, provided it does not exceed one
year. West’, admini.etrator.s v~ Sink,
Marchm, 1798. MSS. Rep. Sup. Court.
Wimere a landlord claims and uses cer-
tain privileges against the tenammt’s con-
sent, it is incumbent on imim to simew
that he reserved timem, otherwise hue
suspends time rent; so, if lessor enterin.
to part of time Thands, time whole rent La
suspended. T aughan and others, as-
signees, v. ,Elanclmard and others. Sept.
1792. MSS. Rep~Sup. Court, and see
4 Dallas, 124, 125,
Timere must be an union of time land
and the rent in time same person to work
an extinguishment ofthe rent. A vest-
ed rigimt to enter and imold the land until
time payment of time rent, is not suffi-
cient. 2 Binney, 138.
Wlmere between landlord and tenant~
justices of time peace do not allow a
reasonable time totime tenant to procure
his testimony, time court will set aside
thmeir proceediimgs. Stewart v. Martin,,
July, 1791. MSS. Rep. Sup. Court.
Wimere a landlord on a lease from
year to year, gives notice to Imis tenant
to quit at time end of time yeam’, but does
not proceed agreeable to his notice, timc~
tenant may be removed one year after-
wards, provided no act is shmewn to
prove an implied remmewat of time lease
by time landlom’d after such notice. Bogge
v. Galbraith. 1 Binney, 333.
Time notice to quit, requii’ed by the
landinrd, and tenant, and law, must be
giveim tiur,ee mnontims bef’ord time end (if
th~ term. Browum v. Vaum/zor,m. 1. Bin-
nuy, 334, (in note.)
If in proceedings between landlord
anti. tenant, there arc more than fbtmr
days between time date of time justice’s
warm’ant and its return, it is cured by
time teimant’s appearance and making de.
fence. Stroup, jim .Error v. ilf”cf’ure,
July, 1808. MSS, Rep. Sup. Court.
See Bac/me’s Manual, vol. 1, page 214,
215.
Where proceedings between landlord
anti tenant are reversed, the court is
not bound cx debito justiti~to award rca-
titotion. Fitch 4/den v. Lee, April, 1792.
MSS. Rep Sup. Court.
A landlord cannot support an eject.
ment against bi~lessee ~vithoumta for.’
feiture of imis lease. If lessee lmas in’
fringed thme covenants in time lease, or
has been guilty of wrste, lie is puni~ima-
 I 772. Mc in other actions. Penn’s Lestee v. fendant in time suit. Lessee ofMurray V.
~ .Mbsser, Hm;mmtingclon, May, 1798. ITj~i Ga/bra it/i. Sup. Court, Middle D~s-
Frius, MSS. Reports. trict, July, 1809, 2 Binney, ~•
liVhere a simer’mff’s vemudee has come For precedents to recover possession
into possession tinder defendant’s title by time handiord, under this act, see
since the bringing of an ejectinent, hme Croydon’s ~j’uetice,and Appendix to 1
‘it’ihl be permitted to be made a co-dc. Bacime’, Manual.

CHAPTER DCLII.
.il SUPPLEMENT to the act, entitled An Actfor gije advancement
ofjustice, and more certain administration thereof. (z)
TO prevent and deter evil minded pers~onsfrom committing
the offences herein after mentioned, Be it enacted, That, if any per-
1’.ers~jim comm. son or persons, from and after the publication of this act, shall ma—
m~s~t1meliciously and voluntarily burn the State-house of this province, or
any of the ad,joining offices and buildings, or any church, meeting-
sleath, house, or other building for public worship, or any academy or
school-house, or library, belonging to any body politic or corporate,
and shall be thereof legally convicted, every such person and per-
persons shall suffer death, without benefit of cler8y. (a)
~ U. And be itfurthor enacted, That if any person or persons shall
break and enter into any of thewithin
houses’aforesa’id, In the night time,
~um~ubim,c with intent to commit a felony the same, whether the feloni-
ous intent be executed or not, every such person so offending, be-
ing thereof legally convicted, shall stand in the pillory during the
space of one hour, have his, her or their ears cut off, and nailed to
the pillom’y, be publickly whipped with thirty-nine lashes on the
bare back, well laid on, and be committed to the work-house or
gaol of the city or county where such offender shall be convicted5
during the space of twelve months. (b)
~ [fl. And be itfurther enacted, That if any person or persons
~ shall maliciously and voluntarily break, or take off or from the door of
any inhabitant, within this province, any brass or other knocker af’
‘fixed to such door, or shall maliciously or voluntarily cut, break,
or otherwise destroy any leaden, tin or copper spout, or any part
thereof, affixed to any such house, every person sa offending, being
thereof legally convicted, shall forfeit and pay the sum of twenty-fi~ve
pounds for every such knocker or spout so broken or taken away,
or cut, or otherwise destroyed, or be publickly whipped on his, her
or their bare backs with twenty-one lashes, well laid on, (c)

(‘z)For time original act, and a gene-
nerol reference to all time penal laws,
see ante. cimap. 236, and time notes there
subjoined. (.Z’Tot~tofou’mer edition.j
IaJ For time various Subjects of arson,
see ante. cimap. 236, sect. 13, and time
umote there sumbjoined. Time puum’ushment
of arson, or of being accessary thereto,
is now, however, commuted into con-
finenment at hard labour, post. cimap.
17fi6, Sect. 4. (N~tetoformer edition.)
(b,) For time general definition ofbar-
glory, and its punishment, see ante
chap. 236, sect. 12, and time note there
subjoined. The. punisimment of time of-
i’ence stated in this section is chmanged
to confinement at imard labour, by virtue
of the fourth section of time act of time
5th of April, 1790, post. chap. 1505.
(Mite tofernier edition.)
(ci The punisimment of timis offence
is imt.w chmanged to ~onfinement at hard
labour, posts chap. 1505. ’J’lote tofir
1
~ntr edition.)