This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...the expiration of such extended time if the tenant (or owner of the goods) consents in writing.5 Until the goods are actually sold the tenant may replevy them,0 or tender the rent and expenses; for, as has been already pointed out, the landlord may not sell after the full rent and expenses have been tendered7--after, ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 Excerpt: ...the expiration of such extended time if the tenant (or owner of the goods) consents in writing.5 Until the goods are actually sold the tenant may replevy them,0 or tender the rent and expenses; for, as has been already pointed out, the landlord may not sell after the full rent and expenses have been tendered7--after, in fact, the object of the 'Kirby v. Bardlng, (1831) (3 Ex. 234; 20 L.J. Ex. 163: 15 Jur. P53. 1 fee Form; -(, Part II., J. 2 W. & M. -ess. 1, c. 5, 8. 2; Walter v. Bumbal, (1085) 1 Ld. Raym. 53: 1 Salk. 247. 3 W. 4 M. scss. 1, c. 5, a. 2. 514 52 Vict. C.2J.8. 6. - Jacob v. King, (1814) 5 Taunt. 151: 1 Marsli. 535. 'Johnson v. LTpham, (1859) 28 L.J. Q.B. 252: 2 E. & E. 250. Cf. antr, p. 428. to see if the goods have been replevied.1 If not, and if the rent and expenses are not tendered,2 the sale may be proceeded with. The statute, 2 W. & M.,3 requires that the goods Howsaiet.. ) t be made. should be sold at the best price that can be " gotten for them; and, to insure this, they should be sold by public auction. And the Law of Distress Amend-ment Act, 1888,4 expressly provides that the goods must, at the request in writing of the tenant or owner, be removed to a public auction room or some other fit and proper place specified in the request to be there sold. Such removal is at the expense and ami r expense. risk of the tenant. The landlord, himself, cannot buy the goods at the appraised value,5 though it seems that it is often the practice to allow the appraiser to do so6; but this, it is thought, is a very improper or, at the least, imprudent proceeding. It seems that there is no rule as to the order in which the goods are to be sold, as, that beasts of the plough should not be sold before other goods.7 Appraise...
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