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FINES AND RECOVERIES ACT 1833 - SECT 67

Assignees to recover rents of the lands of a bankrupt, of which the commissioner has power to make disposition, and to enforce covenants, &c., as if entitled to the reversion.

67. The rents and profits of any lands, of which any commissioner acting in
the execution of any such fiat as aforesaid hath power to make disposition
under this Act, shall in the meantime and until such disposition shall be
made, or until it shall be ascertained that such disposition shall not be
required for the benefit of the creditors of the person adjudged bankrupt
under the fiat, be received by the assignees of the estate of the bankrupt,
for the benefit of his creditors; and the assignees may proceed by action of
debt for the recovery of such rents and profits, or may distrain for the same
upon the lands subject to the payment thereof, ..., and also, in case any such
distress shall be replevied, shall have power to avow or make cognizance
generally in such manner and form as any landlord may now do by virtue of the
Distress for Rent Act, 1737, or by any other law or statute now in force or
hereafter to be made for the more effectually recovering of rent in arrear;
and such assignees, and their bailiffs, agents, and servants, shall also have
all such and the same remedies, powers, privileges, and advantages of
pleading, avowing, and making cognizance, and be entitled to the same costs
and damages, and the same remedies for the recovery thereof, as landlords,
their bailiffs, agents, and servants, are now or hereafter may be by law
entitled to have when rent is in arrear; and such assignees shall also have
the same power and authority of enforcing the observance of all covenants,
conditions, and agreements in respect of the lands of which such commissioner
as aforesaid hath the power of disposition under this Act, and in respect of
the rents and profits thereof, and of entry into and upon the same lands for
the non-observance of any such covenant, condition, and agreement, and of
expelling and amoving therefrom the tenants or other occupiers thereof, and
thereby determining and putting an end to the estate of the persons who shall
not have observed such covenants, conditions, and agreements, as the bankrupt
would have had in case he had not been adjudged a bankrupt: Provided always,
that this clause ... shall only apply to those lands of any ... tenure which
any commissioner acting in the execution of any such fiat as aforesaid may
have power to dispose of under this Act after the bankrupt's decease.

© 1833 Crown Copyright

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