"The effect of Sect, 1 of the Statute lof Anne is that the execution creditor fads the rent which he has to pay the amount of his judgment" (per Buckley L. J, in Lewis v, Davies, subra). "After notice of a claim by the landlord, but not before such rrotice, the sheriff may seize sufficient {goods to cover such claim, in addition fo the debt due under the fiori facias™ (Halsbury, Laws of England, Vol XIV, p. 33). 'The strict provision of the law as' given by the same thority in Vol. XI at p. 178 under {the lie" Distress are that where Inotice has been given to the sheriff by the landlord that rent is duc, the sheriff should call upon the execution creditor to pay it, and should refuse to sell any of the goods until is pald; even if there are goods. Jupon the demised premises of a value Jmany times exceeding the amount of ent due his duty is the same, and great force, with the starboard side fof the Eclipse through the water was!advance in expectation of, 2 bad/he should refuse to sell the smallest part of the goods until the claim of the landlord is satisfied, The land ora's claim must be paid without any deduction for sheriff's fees, 'The sheriff is not bound to advance the money to pay the rent out of his own pocket. If the execution creditor Ceelined to advance it, the sheriff may refuse to sell. But if the sheriff is willing to do so, he may sell and pay the Jandlord's rent and apply the surplus, if any, in satisfaction of the debt, and if there is no surplus may. return nullo bona, He should not adopt the latler course if he had notice of the tenant's bankruptey [before the sale. If no one will pay the Isndlord's "rent the sheriff can withdraw and return nullo bona, When the goods on the premises are Jaot suMleient to satisfy the rent law= fully demanded the sheriff should withdraw. When he withdraws. the Tandlord can distrain for his whole rent, The origin of the practice for sheriffs to sell and pay the landlord Jout of the proceeds was traced in the Judgment of Lindley L, J. in In ree Mackenzie, (1899), 2 Q. B. 973-570, ©."A. "A tenant's goods, seized by a sheriit under a writ of execution, feould not. be distrained for rent, They were said to be in custodian ftegis and protected from seizure by the landlord; Gilbert on Distress, 3rd ed. p, 40, Nor could he, before the statute of Anne, by ving the sheriff notice or otherwise, obtain payment the sherif out of the moneys realized by him by the sale of the {goods seized. The law in this respect was, however, altered by 8 Anne, fe, 14 (e, 18 in the Revised Edition fof the Statutes), 8, 1, This statute not give, the landlord a right to strain, but it prohibited the removal "of the goods seized by the sheriff until the landlord's rent. in Jarrear "(not exceeding one year's Fent) had been paid by the execution fereditor. The Act was so worded as to raise the question whether It. Im= posed upon the sheriff the duty of Beceriaining whether any rent was In arrear or not before allowing the Hoods seized to be removed; but it was carly decided that It was not the sheriff's duty to inquire, and that was under" no liability. to the landlord for not keeping the goods unless Informed that rent was due Gilbert on Distress, But if the shone nad notice before the goods wore removed thi due to. the did. not'keop the goods on the premises, but sold them without paying the. landlord, the sheriff was liable action' by the landlord for the wrongful removal. 'The Act in effect impounded the goods for the land~ lord's benefit; they could not, be re moved until' he was pald. To this fextont the Act in terms gave him a Tight to have them preserved as a security for one year's arrears due to him. He could not, however, quire them to be sold for his behont; and if they wore sold he could not maintain an action against the shrift for "money had and received. His remedy was by an action on the jatute for wrongful removal without ying him: see a form of declare tion, 2 Chitty's Pleadings, 02 execution creditor chose to pay the Jandlord, the goods were sold the sheriff, and he applied the pro= ceeds in paying his own expenses and the judgment debt and the amount paid by the execution creditor to the Tandlord for the rent in arrear, The Act itself authorized this,
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