292 SEIZUPvE OF CROPS UNDEE A FIERI FACIAS. 



Without at all impugning the authority of that case, it is sufficient to 

 observe that it does not apply to the present. In that case the party 

 making cognizance relied upon statute 11 Geo. II. c. 19, which is in 

 terms limited to ' lessors or landlords ' : in the present, the defendant 

 claims the benefit of the stat. 2 Will & Mary, sess. 1, c. 5, Avhich is 

 more general. If there were any doubt upon this point, it would be 

 removed by stat. 4 Geo. II. c. 29, s. 5, which gives the same powers of 

 distress in cases of rents seek, as in cases of rents under leases, and 

 would therefore entitle the distrainor for such a rent as that in question 

 to all the powers given Inj the precedent statute, 2 Will. & Mary, sess. 1, 

 c. 5, even if not to those given by the suisequent statute of 11 Geo. II. c. 

 19." The grantee of a rent-charge may also take goods of a stranger 

 on the premises charged, as a distress for arrears {ih.). 



By 11 Geo. II. c. 19, s. 8, it was made lawful for every landlord, 

 or person empowered by him, to distrain the stock or cattle on their 

 tenants' premises for arrears of rent, and to seize all sorts of corn and 

 grass, hops, roots, fruit, pulse, or other product whatsoever, which 

 shall be growing, and lay it up when ripe in barns on the premises, 

 or conveniently near them, for the purpose of having it appraised and 

 sold for the satisfaction of the rent. It was held in ClarJc v. Gaslmrth 

 that trees, shrubs, and plants yrowiny in a nursery y round and planted 

 subsequent to the demise, cannot be distrained for rent, and that the 

 word "product" in this section applies only to such products of the land 

 as are subject to the process of becoming and of being cut, gathered, 

 made, and laid up when ripe. By section 9 tenants are to have notice 

 where the "goods and chattels" (which growing crops, according to 

 Glover v. Coles, are considered to be, for the purpose of a replevin) so 

 seized are deposited, and the distress of such growing crops is to cease, 

 if the rent be paid before it is ripe and cut. 



At common laiv growiny crops might le seized and sold under a fieri 

 facias, and were protected from distress by the landlord, unless allowed 

 to remain an unreasonable time upon the land. But, the general right 

 being found to operate in many cases in a manner prejudicial to agri- 

 culture, the 5G Geo. III. c. 50 was passed, in order that the execution 

 of legal process should be so regulated as to be consistent with good 

 husbandry, and the effect and intent of covenants and agreements. 

 This statute is in some respects restrictive of the rights which the exe- 

 cution creditor would have at common law, but in some respects it ex- 

 tends them. By section 1, no sheriff or other officer is to sell or carry 

 off from any lands any straw, thrashed or unthrashed, or any straw of 

 crops growing, «&c., chaff, colder, turnips, tares, manure, compost, 

 &c., hay, grass or grasses, natural or artificial, tares, vetches, roots, or 



