Two hundred years ago there was a straightforward way of dealing with those who owed rent: if they did not pay up by whatever date had been fixed, then a bailiff could be instructed to distrain – that is seize - household goods which their owners could redeem by paying off the debt (and associated costs) but which would otherwise be sold at auction. The Distress for Rent Act came into force in 1690. Further legislation in 1737 authorised the off-site seizure of goods which had been removed from premises on which rent was owed in order to avoid their distraint.
These acts have been modified on
several occasions; in 1888 bedding was excluded from what could be distrained. Distraint
is still a recognised procedure for securing payment of debts both private and corporate. Over time, it
became less common to physically remove goods immediately; more often they were
ticketed (“touched”) to indicate they could not legally be moved from their
present location but would be if debts were not paid within whatever period of grace was allowed.
The brief letter below simply records the 1828 distraint ofmoveable property in Avebury, Wiltshire. For another and more elaborated example of distraint go to
https://www.otherpeoplesletters.com/2026/07/distraint-of-goods-in-suffolk-ann-adams.html
Transcription
Addressed to: S.Winterbotham
Esqr Solicitor Tewkesbury
No dateline and carried by hand
Docketing note: 18 Decr 1828
Mr Hind Nickells rent
Dr Sir
The bearer Thomas Mann has been
sent by Messrs Winters to distrain for Nickols [spelt
thus] Rent. He has been more successful than Winter was, having obtained
entrance, and there is safely deposited in my Corn Chamber
1 Feather Bed and Bolsters
2 Blankets
1 Tea Tray &
1 round Table
Nickols and his wife are gone off
in haste I suppose to consult their Attorney they threaten heavily to have some
Lr [Lawyer]
If they do not redeem the goods, I will let you know about Monday as I suppose
it is necessary to let them have four clear days to think of it.
I remain in great haste Yours
truly
Jas. Hind
Avebury 16th Decr 1828
T.M. [Thomas
Mann] will of course give you further information if you think it
necessary.
References
Wikipedia: Distress for Rent
Act 1689
Wikipedia: Bailiff
No comments:
Post a Comment