COLLECTION OF RENTS. 135 



The receiving of the rents of a landed estate is a simple matter ; but 

 in all cases, and more especially on large properties, some regular 

 method should be adopted in this as in all other things. On many 

 estates, besides the farm-rents, there are the rents of cottages, mines, 

 tithe-compositions, &c. It is of great consequence to have fixed days for 

 receiving the rents ; and yet some judgment should be exercised in this, 

 as the rent should be called for at such a time as will enable the farmer 

 to pay without having recourse to selling his produce at a disadvantage. 

 The time to be fixed for any particular estate must depend upon local 

 circumstances ; the markets and fairs in the district should be taken 

 into consideration, so as to give the tenants every advantage of selling 

 their produce before the rent-day. 



There are several points of law relating to rents which are useful to 

 know. 



A farmer or other tenant is not liable to pay rent for any land or 

 premises until he has received possession of the same. 



Eent cannot be distrained for until the landlord or his agent demands 

 it on the tenant's premises, and this cannot be legally done until after 

 midnight of the day on which the rent is due according to the agreement. 



If the landlord owes money to a tenant, such money cannot be made 

 a set-off against the rent. The rent must first be paid, and then the 

 tenant may demand his due ; and even where a landlord owes a ten- 

 ant for an account, and the tenant refuses to pay his rent until his 

 account is paid, this does not prevent the landlord from distraining, 

 iinless it is expressly stated in the agreement. But the tenant's claims 

 should be set against the rent, as I have known cases with small tenants 

 where they could not pay the rent until the money due to them by the 

 landlord had been paid. 



" In cases of bankruptcy the landlord may lawfully distrain, though 

 the tenant become bankrupt immediately afterwards. And he may 

 distrain after the bankruptcy if the tenant's goods remain on the 

 premises ; and this though the bankruptcy officer be in actual posses- 

 sion of the goods. But a landlord has no lien, in case of bankruptcy, 

 after the goods are removed from the premises ; therefore, if he neglect 

 to distrain, and the goods are sold by the assignees, and removed 

 from the premises, he must come in and share with the rest of the 

 creditors." * 



As a rule, it is generally decided that all goods found upon the 

 premises can be distrained for rent, whether they may belong to a 

 stranger or not. 



The following is a summary of the Hypothec Amendment Act, reg- 



* ' Every Man his own Lawyer.' 



