HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0241 and id is 1 raw text is: Although, however, the Defendant below had the right to distrain for the arrears
of his rent-charge, yet, upon the due consideration of the power of distress con-
tained in the deed, we think it did not extend to the growing and standing crops
which have been taken under it. At common law it is well known the distresses
taken for rent arrear were not saleable, but could only be kept as a pledge for the
rent. But by the stat. 2 W. & M. goods and chattels distrained for rent due under
a contract may be kept and sold in the manner pointed out by that statute.
It was not until the 11 G. 2, c. 19, that landlords had power to distrain corn, grain,
or other produce growing on the land demised. The grantee of the rent-charge is
empowered by the deed to detain, manage, sell, and dispose of the distresses in the
same manner in all respects as distresses for rents reserved upon leases for years,
and as if the said annuity was a rent reserved upon a lease for years; and we think
these words are fully satisfied by holding them to grant the powers which were given
to landlords under the stat. W. & M., without extending them to the new subject of
distress first granted by the statute of Geo. 2. A power like the present ought
at all times to be construed strictly, and more especially when it is sought to bring
within it the growing crops of a person who is a stranger to the deed.
[108] Upon the whole, therefore, we think that the present judgment should
be serveral, and that judgment should be entered for the person .making cognizance
for a return of the cattle, goods, and chattels which were taken in distress, and for
that part of the distress only ; with a judgment for the Plaintiff for damages for taking
and detaining the standing crops.
Judgment reversed.
MOUNT v. LARKINS. Nov. 25, 1831.
[S. C. 1 Moo. & So. 165; 1 D. P. C. 262; 1 L. J. C. P. 20. Applied, Rankin v. Potter,
1873, L. R. 6 H. L. 149. Discussed, De Wolf v. Archangel Insurance Company,
1874, L. R. 9 Q. B. 455.]
Defendant executed, 28th of February 1824, a policy of assurance on freight from
Sincapore to Europe, with liberty to sail to, touch, and stay at, any places whatso-
ever, to load, unload, reload, and for all necessary purposes whatever. The ship
sailed from London in September 1823, and having been detained by the captain
for his own purposes at Van Dieman's Land, did not arrive at Sincapore till the 30th
of March 1825; she sailed thence on the voyage insured the 3d of May 1825:-
Held, that by so long a postponement of the risk the Defendant was discharged, a
jury having found the delay unreasonable.
Assumpsit on a policy of insurance on ship Aquila, at and from Sincapore and
Batavia, both or either, to the ship's port of discharge in Europe, with liberty to sail
to, touch, and stay at any ports and places whatsoever and wheresoever, particularly
at the Cape of Good Hope, St. Helena, or elsewhere, to load, unload, and reload goods
and passengers or otherwise, and for all or any other necessary purposes whatsoever.
The policy was declared to be on freight, and valued, and a loss was averred by perils
of the sea on the voyage from Sincapore to London.
By a special verdict it was found that the policy of insurance was made and
entered into between the Plaintiff and the Defendant, on the 28th of February 1824 ;
that the ship sailed from England in the beginning of September 1823, having on
board thereof divers passengers and goods, bound for and deliverable at the Cape of
Good Hope, Van Dieman's Land, and [109] Sydney, New Holland, and was under
the command of Joseph Thomas Watson, the master thereof; that by charterparty,
dated the 26th of May 1823, the ship, after discharging her cargo at New Holland,
was to proceed to Sincapore, and from thence to Malacca and Penang, both or either,
or to Batavia only, to take on board a cargo for Europe, on account of the freighters ;
and that before the ship sailed from England as aforesaid, the Plaintiff caused instruc-
tions to be delivered to the said J. T. Watson, the master of the said ship, of which
the following was a copy :-
You having the command of the ship 'Aquila,' bound on a voyage to the Cape
of Good Hope, Van Dieman's Land, and New South Wales, and from thence to
342
MOUNT V. LARKINS
8 BING. 108.](ViewImageLocal?handle=hein.slavery/ssactsengr0241&div=1&collection=&method=preview&ext=.png&size=3)