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CHAP. I.

Of the Redress of Private Wrong's

BY THE

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.

shall

c. 12 E. & I.

c. 5. s. 3. Eng. 7W. 3. c. 02.

.

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shall be replevied (as by s. 2. post) [*and in default of so
replevying, may sell the same after appraisernent) so as
it be not removed to the damage of the owner, but kept
where it shall be found till it be replevied or sold. The
7 W.3. c. 22. Ir. contains similar clauses, (s. 4 & 5.) with

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
holden; and cut, gather, make, cure, carry, and lay
up, when ripe, in the barns or other place on the pre-
mises; and in case there shall be no barn or proper place
on the premises, then in any other barn, &c. which such
lessor, &c. shall procure for the purpose, as near as may
be to the premises ; and in convenient time, appraise,
sell, or otherwise dispose of the same, as other goods
may be distrained and disposed of; the appraisement
thereof to be taken when cut, &c. and not before. Provided
(s. 9.) that notice of the piace where the goods so dis-

trained shall be deposited, shall, within a week after Proviso.

the lodging thereof, be given to such lessee or tenant,
or left at the last place of his abode ; and if before such
distress shall be ripe and cut, cured or gathered, the
tenant, his executors, &c. shall pay the rent in arrear,
with the costs of such distress, then upon such payment,
or lawful tender thereof, such distress shall cease, and the
corn, &c. So distrained shall be delivered

.
tenantry acts of Ireland do not contain any provisions
similar to those of the 11 Geo. 2. c. 19. s. 8 & 9. Eng.

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,

3. 9.

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4 Geo. 2. c. 28.

1 52 Hen. 3. c. 4.

rents

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.

E. SI.

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

B 2

hands *" Hundred or barony" in the 10 Car. 1. st. 2. c. 25. s. I. Ir.

2 W. & M.st. 1

By the

Ir.

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
10 & 11 Car. 1.
c, 7. 5. 2. Ir. tenant in fee, or of any estate of freehold, or for

years, or guardian in socage, or tenant by elegit, statute.
merchant, or statute staple, is directed to be within 3
days after the taking, by 4 or more honest and discreet
persons of the parish (as was used to be done by 4 per-
sons of the lordship, between very lord and very tenant);
the oath to be administered by the parties distraining, or
by their seneschals, bailiff or receiver. And if he from
whom it is taken do not coine in within 8 days after the
presentinent, and pay or make agreement for his duty,
the distress may be taken, as it is appraised, for the
rent and damages; if the distress be above the rent, the

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
taken by way of distress for rent, duties, or services,
which by law are liable to be appraised, by 3 or more
honest and discreet persons of the barony where such
distress shall be taken ; and that the landlord, his steward,
bailiff, agent or receiver, inay and shall administer an
oath to such persons, that they will according to the
best of their judgment, skill, and knowledge, justly and
indifferently value and appraise the same ; which ap-

praisement shall be as effectual as if made in pursuance 25 Geo. 2. c.13. of

any

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
same shall be distrained, be sold by public cant to the
highest and fairest bidder, at such time or times, and at
such convenient place or places, as the person distrain-
ing, his agent or bailiff, shall appoint ; such person, &c.
·after default made in redeeming such distress within the
time aforesaid, first causing notice in writing of the

place

8. 5. Ir.

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