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Of the Redress of Private Wrong's
MERE ACT OF THE PARTIES.
Peasts of the
51. H.n.3.st. 4.
The statutes which respect the remedies for the re- Book III. dress of civil injuries or private wrongs, are next in order ; and obviously follow those which have been stated in the two preceding parts of this digest, which were conversant about the rights of persons in their various characters, capacities, and relations. As to the remedy of distress considered with relation
§ 1. to the things which may be distrained : It is a provision
plough, &r. of the 51. Hen. 3. st. 4 E. & I. that no man of religion, crempted from nor other, shall be distrained by his beasts that gain his land, nor by his sheep, for the king's debt, nor the debt E. & b. of any other man, nor other cause, but until they can find another distress sufficient; except impounding of beasts that a man findeth in his ground damage feasant. And the 28. Edw. 1. st. 3. c. 12. E. & I. also exempts beasts of 28 F1w.l.st.5. the plough from distress for the king's debt, so long as a man may find another. By the 2 W. & M. st. 1. c. 5. 2 W. & M.84.1. s. 3. Eng. every person having rent arrear upon any demise, lease or contract, may seize and secure any sheaves s. 4 & 5. Ir. or cocks of corn, or corn loose or in the straw, or hay.Corn in shades, lying or being in any barn or granary, or upon any hovel, kc may be stack or rick, or otherwise upon any part of the land or ground charged with such rent; and lock up or detain the same in the place where it shall be found, until it. VOL. II.
c. 12 E. & I.
c. 5. s. 3. Eng. 7W. 3. c. 02.
shall be replevied (as by s. 2. post) [*and in default of so
such variation only as is noted in the margin. The 11 1: Geo. 2.c.19. Geo. 2. c. 19. s. 8. Eng. further provides, that every 8. 8. Eng.
lessor or landlord, or liis steward, bailiff, or other emCorn 86. grow. powered by bin, may take as a distress for rent, all ing may be also sorts of corn and grass, hops, roots, fruits, pulse, or distrained.
other product, growing on any part of the estate so
trained shall be deposited, shall, within a week after Proviso.
the lodging thereof, be given to such lessee or tenant,
With respect to the several kinds of rent for which Rents-seck, &c. may be distrain- the remedy of distress may be resorted to: the ed for.
4 Geo 2. c. 28. s. 5. Eng. provides, that every person, 8. 5. Eng. &c. shall have the like remedy by distress, and by impounding and selling the same, in cases of reuts-seck,
4 Geo. 2. c. 28.
1 52 Hen. 3. c. 4.
11 Ann. c. 2.
$. 7. Ir.
* Instead of the words within the crotche's, the W. 3. c. 12. s. 4. Ir. provides, that in case such distress shall not be replevied or owned within eight days next after the taking thereof, then the same to be appraised and sold according to law.
rents of assize, and chief rents, as in case of rent re. served upon lease: which is also the provision of the 11 Ann, c. 2. s. 7. Ir. Next as to the disposal of the distress : It is enacted Distress not 10
be driven out of by the 52 Hen. 3. c. 4. E. & I. (which was confirmed by the county. the 3 Edw. 1. c. 16. E. & I.) that none shall cause any den distress to be driven out of the county; and that if any 3 Edw. 1.c.16. neighbour shall do so to another, of his own authority, and without judgment, he shall be punished by redemption; but if the lord so do against bis tenant, he shall be grievously punished by ainercement. And by the 1 & 2 Ph. & M. c. 12. s. . Eng. no distress of cattle 1 & 2Ph. & M.
c. 12. s. 1. Eng. shall be driven out of the hundred, (*rape, wapentake or iath] where such distresses shall be taken, except to Distance of a pound overt within the shire, not above 3 miles distant pound. from the place where the distress is taken. And no goods distrained for any cause at one time, shall be impounded in several places, whereby the owner shall be constrained to sue sereral replevins ; upon pain that every person offending sliall forfeit to the party griered 100s. and treble damages. And by s. 2. no person shall take in 8. 2. pound or poundlage of any distress above 4d. ; and where
Founduge limite less hath been used there to take less ; upon pain of 25. ed. to be paid to the party grieved, besides such money as he shall take above 4d. The 10 Car. 1. st. 2. c. 25. Ir. 10 Car. 1. st. 2 contains corresponding provisions. By the 2 W. & M. c. 25 Ir. st. I. c. 5. s. 2. Eng. where goods shall be distrained for c. 5. s. 2. Eng. rent due upon any lease or contract, and the tenant or
Appraisement owner of the goods shall not within 5 days after such distress, distress, and notice thereof, with the cause of such taking, left at the mansion-house or other most notorious place of the premises charged with the rent, replevy the same; the person distraining may, with the sheriff or under sheriff of the county, or with the constable of the hundred, parish, or place, where the distress shall be taken, cause the distress to be appraised by 2 sworn appraisers, whom such sheriffs, &c. shall swear to appraise them truly ; and after such appraisement may sell the same towards satisfaction of the rent, and the charges of the distress, &c. ' leaving the overplus, if any, in the
hands *" Hundred or barony" in the 10 Car. 1. st. 2. c. 25. s. I. Ir.
2 W. & M.st. 1
S. 6. Ir.
hands of the sheriff, &c. for the owners use. 18 Edw. 4.c.1. 18 Edw. 4. c. 1. Ir. as explained by the 10 & 11 Car. 1.
c. 7. s. 2. Ir. the appraisement of distresses made by any
years, or guardian in socage, or tenant by elegit, statute.
surplus to be restored ; if deficient, the tenant to be dis8 Geo. 1.c. 2. trained again. But the 8 Geo. 1.c. 2. s. 6. Ir. provides,
that it shall be lawful to appraise any goods that shall be
praisement shall be as effectual as if made in pursuance 25 Geo. 2. c.13. of
former law. And the 25 Geo. 2. c. 13. s. 5. Ir.
recites, that the manner in which rent-services, feeDistress if not farm rents, or rent charges, have been often disposed Tedeemed in Sof, have occasioned troublesome suits ; and enacts that 6 days notice. all distresses lawfully taken for any such rent or arrears
of rent shall, unless redeemed within 8 days after the
8. 5. Ir.