Landholding in England by of Youghal the younger Joseph Fisher
page 101 of 123 (82%)
page 101 of 123 (82%)
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assertion of landlord right which is tenant wrong.
Among the exhibitions of this influence is an act passed in the reign of George II., which extended the power of distraint for rent, and the right to sell the goods seized--to all tenancies. Previous legislation confined this privilege solely to cases in which there were leases, wherein the tenant, by written contract, gave the landlord power to seize in case of non-payment of rent, but there was no legal authority to sell until it was given by an act passed in the reign of William III. The act of George II. presumed that there was such a contract in all cases of parole letting or tenancy-at-will, and extended the landlord's powers to such tenancies. It is an anomaly to find that in the freest country in the world such an arbitrary power is confided to individuals, or that the landlord-creditor has the precedence over all other creditors, and can, by his own act, and without either trial or evidence, issue a warrant that has all the force of the solemn judgment of a court of law; and it certainly appears unjust to seize a crop, the seed for which is due to one man, and the manure to another, and apply it to pay the rent. But landlordism, intrusted with legislative power, took effectual means to preserve its own prerogative, and the form of law was used by parliaments, in which landlord influence was paramount, to pass enactments which were enforced by the whole power of the state, and sustained individual or class rights. The effect of this measure was most unfortunate; it encouraged the letting of lands to tenants-at-will or tenants from year to year, who could not, under existing laws, obtain the franchise or power to vote--they were not FREEMEN, they were little better than serfs. |
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