Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844Various
History
Blackwood's Edinburgh Magazine - Volume 55, No. 343, May 1844
Various
England -- Periodicals; Scotland -- Periodicals
"Patrick Ring caused a replevin to be entered with the
sheriff--that is, he gave security that he would pay the rent, if
rent was due, as soon as a trial at quarter-sessions or assizes
could be had--that he might in the mean time get the use of the
property upon which the distraint lay. He accordingly proved by his
lease that he owed nothing--that no rent was due until May. But
before that was done, May had come, and the rent was due. He paid
it punctually, and proceeded against the landlord for damages, or
rather for the costs to which he had been exposed. This being
opposed, occupied much time; and before it was settled, the
landlord once more distrained for rent alleged to be due on the
29th of September. Again Patrick Ring replevined, and proved his
rent-days to be in November and May, and not in September and
March. The case of costs and trespass came to trial in respect of
both seizures, and was decided in Ring's favour. Thus a jury and a
judge certified by their decision that the tenant was right, and
the landlord wrong. The damages awarded were very moderate, only
L12 and costs; but the tenant looked on the verdict as most
important, in respect of its setting, as he thought, the validity
of his lease and the period of his rent-days at rest. But that the
damages were too moderate as regarded the landlord was manifest
from the fact, that he again distrained in March for rent not due
until May.
"He now, it being again seed-time, took a more effectual way of
crippling the tenant than before. He seized on the farm implements
and stock, of which the dunghill was in his eyes the most important.
He had it, without a legal sale, carried away to his own farm-yard,
even to the very rakings and sweepings of the road and the yard near
which it lay. This he did that Ring might have no manure for his
potato ground, knowing that crops so planted would not easily afford
the rent; and that, when no rent was forthcoming, an ejectment would
soon follow. Other things--a plough, and a horse, and some
furniture--were sold, and Ring was once more involved in litigation.
These things were bought in with his own money, save the dung-heap,
which the landlord would not give him a chance of buying in; and
thus Ring was obliged to pay his rent before it was due, with all
the expenses of a distraint and sale--the most expensively conducted
of any distraints and sales under the British crown. He thought to
recover damages for all this loss; but he was not able to pay his
rent in addition to all this, when it became due; and thus, by some
hocus-pocus of the law, the two cases became so mingled together as
to be inextricable."
Public-domain text, read in full here on John Shaqi.
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