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Remedy of occupying tenant against immediate landlord when lands are distrained for rent due from the latter to a superior landlord, &c.
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38. [Recital.] In all cases where the entire rent due and payable from the occupying tenant to his immediate landlord or landlords shall have been paid or in any manner satisfied, if, in consequence of the fraud, malfeasance, or neglect of such landlord or landlords to pay and satisfy the rent due and owing by him or them to any superior landlord or landlords, the lands in the hands of such occupying tenant shall be distrained for any such rent, or such occupying tenant shall have been compelled to pay any sum of money to any such superior landlord, to avoid a distress for rent due to such superior landlord, then and in every such case it shall be lawful for such occupying tenant to proceed against such his immediate landlord through whose default or neglect to make such payment the lands in the possession of such occupying tenant shall have been distrained or threatened to be distrained, to recover the amount of costs and damages by him sustained thereby, by civil bill before the assistant barrister of any county or riding where such lands shall be; and the amount of such costs and damages, when ascertained by the decree of such assistant barrister, and the amount of any costs and damages which may be ascertained by the judgment of any superior court, upon any action which may be brought for that purpose, may be tendered by the occupying tenant, or his or their representatives, in payment of so much of the subsequently growing and accruing rent as shall thereafter become due and payable to such his immediate landlord, and shall be accepted by such landlord in payment of the same, or shall be recovered by process of execution, as the said occupying tenant so aggrieved shall deem most advisable.
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