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How Rent-charges, &c. to be recovered from Quakers.
5 & 6 W. 4. c. 74
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XXXI. Provided always, and be it enacted, That in all Cases in which the Party liable to the Payment of any such Rent-charge, or to any such annual Sum as is herein-before made payable to the Party liable to such Rent-charge, or to any Lessee holding mediately or immediately under him, in addition to the Rent payable to such Party or Lessee, shall be of the Persuasion of the People called Quakers, then the same shall be recoverable in Manner herein-after mentioned; (that is to say) if the Person so liable shall occupy the Land in respect whereof such Rent-charge or annual Sum may be payable, then the same shall be recoverable from such Person by Distress upon the Goods and Chattels of such Person, whether situate on the Premises in respect of which the Distress is made or elsewhere, but nevertheless to the same Amount only and with the same Consequences in all respects as if made on the Premises; and the Goods and Chattels so distrained may be sold, without keeping or impounding the same; but if the Person so liable and being of such Persuasion as aforesaid, shall not occupy the Land in respect whereof such Rent-charge or annual Sum may be payable, then the same (without limit as to the Amount) shall be recoverable in such Manner as by an Act of the Fifth and Sixth Years of the Reign of His late Majesty King William the Fourth, intituled An Act for the more easy Recovery of Tithes, is expressly or by reference prescribed for the Recovery of Ecclesiastical Demands of or under the Value of Fifty Pounds from Quakers, but with the like Exception in case the actual Title to such Rent-charge or annual Sum, or the Amount thereof, or the Liability or Exemption of the Property to or from the same, shall be bon[html] fide in question; and in any Case in which the Person so liable shall be of the Persuasion aforesaid, and any other Remedy or Proceeding than herein-before mentioned shall notwithstanding be commenced or prosecuted against him, it shall be lawful for him, or any One on his Behalf, to serve the Party so entitled as aforesaid with a Declaration or Notice in Writing, stating that he possesses such an Estate or Interest as it is by this Act provided shall make the Person having such Estate or Interest liable to such Rent-charge or annual Sum, and that he is of the Persuasion aforesaid; and such other Remedy or Proceeding shall be thereupon forthwith discontinued, and the Costs previously incurred shall be taxed, and the Party who may have taken such Proceeding shall proceed to recover such Rent-charge or annual Sum by Distress, or by such Remedy as in the said recited Act of the Fifth and Sixth Years of the Reign of His late Majesty is provided, according to the Circumstances, and shall be entitled to recover therewith, and as Part thereof, the Costs of such Proceeding so discontinued, and such Notice shall be Evidence of the Liability of the Party by whom or on whose Behalf the same may have been given, and of his being of the Persuasion aforesaid: Provided always, that if upon any such Proceeding a sufficient Distress cannot be found to satisfy the said Rent-charge or Sum and the Costs, if any, together, also with the reasonable Costs of Distress, then the other Remedies provided or allowed by this Act may be resorted to in the same Manner as if the Person liable to the Payment were not of the Persuasion of the People called Quakers: Provided always, that in no Case whatever shall any Execution or Decree or Order issue or be made under this Act against the Person or Persons of any Defendant or Defendants being of the Persuasion of the People called Quakers.
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