For it was by that statute first provided, that where any goods shall be distrained (IX) for rent reserved and due upon (IX) Practical directions to make a distress. If the landlord does not distrain himself, but authorises another to do so, it is proper for him to give the following warrant: Mr. A B. I do hereby authorise you to distrain the goods and chattels of T T, in the house wherein he now dwells [or on the premises now in his possession] situate in in the county of -pounds being for year's rent, due to me for the same at ·last, and for your so doing, this shall be a saf ficient warrant and authority. Dated this day of -18 A. L. In making the distress, seize some article, and say, 1 seize this pounds for if the last, by being distress is not made by the landlord himself, say, due to A L the landlord of this house [or these premises] at virtue of an authority from him the said AL to me given for that purpose.] An inventory must then be made of goods sufficient to cover the rent, and also the charges of the distress; which done, a copy thereof must be made in manner following: An inventory of the several goods and chattels distrained by me A B [the distrainer] the of our Lord day of in the year in the dwelling-house [or as the case is] of in the county of and on the behalf of A Lof TT situate in by the authority the landlord of the said - year's rent due to him One clock One table Six chairs. In the garden: One iron roller, &c. At the bottom of which inventory, must be subjoined the following notice to the tenant; TT, Take notice that I have this day [by the authority and on the behalf of your landlord A L, if done by a bailiff] distrained on any demise, lease or contract whatsoever, and the tenant or owner of the goods distrained shall not, within five the premises above mentioned the several goods and chattels specified in the above inventory, for the sum of· pounds being year's rent due to me [or, to the said A L] at last for the said premises, and the same goods and chattels are removed to and there safely impounded. And you the said T T are also to take notice, that unless you pay the said rent, with the charges of distraining for the same, within the space of five days from the day of the date hereof, the said goods and chattels will be appraised and sold, according to the statute in that behalf made and provided. Given under my hand this day of Witness, that a copy hereof was this day delivered to the said TT [or left at the chief mansion-house of the said TT.] A W. A L. The safest way is to remove the goods immediately, unless the tenant consents to let a man remain in possession of them on the premises; and then they need not be removed until the seventh day; but at that time, unless the tenant requests, and the landlord grants further time for payment of the rent, they must be removed, appraised and sold, otherwise the landlord will be a trespasser. When further time is given, the tenant must sign a memorandum in writing to the following effect: ITT do hereby consent, that ▲ L my landlord, who on the day of last, distrained my goods and chattels, for rent in a messuage or dwelling-house situate in county of shall at my proper costs, continue in possession of my said goods and chattels in the said messuage or dwelling house for the space of days from the day of the date hereof, the said A L undertaking to forbear the sale of the said goods and chattels for the said space of time, in order to enable me to discharge the said rent. In witness whereof I have hereunto set my hand this day of in the But on the seventh day, if there is no allowance of further time, and the goods have not been replevied, the distrainer must repair to the premises where the goods are impounded, and if the rent and charges of distress are not paid, a constable and two sworn appraisers must attend, who having viewed the goods distrained, the constable is to administer to the appraisers the following oath: You and each of you shall well and truly appraise the goods and chattels mentioned in this inventory (the constable holding the inventory in bis hand, and shewing it to the appraisers) days next after such distress taken, and notice thereof (with the cause of such taking) left at the chief mansion house, or other most notorious place on the premises, replevy the same; in such case, the person distraining shall, with the sheriff or under sheriff of the county, or with the constable of the hundred, parish, or place where such distress shall be taken, cause the goods so distrained to be appraised by two sworn appraisers (whom such sheriff, under-sheriff, or con according to the best of your understanding. So help you God. Then indorse on the inventory the following memorandums: Be it remembered, that on the day of A A of and B A of two sworn appraisers, were sworn upon the holy gospel of God by me AC of constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their understanding. Witnesses to such swearing, CW. FW. A C, constable. After the appraisers have valued the goods, proceed with another indorsement, thus: IVe the above named A A and B A, being sworn upon the holy gospel of God, by AC the constable above named, well and truly to appraise the goods and chattels, mentioned in the within inventory, according to the best of our understanding, and having viewed the said goods and chattels, do appraise and value the same at the sum of pounds. As witness our day of -in theyear of our Lord After which the goods are to be sold for the best price that can be gotten for the same, and after deducting thereout the amount of the rent in arrear, and all reasonable charges attending the distress, the overplus, if any, is to be returned to the te hands, the nant. If the tenant means to replevy, he must within five days, after he has notice of the distress, go with two housekeepers to the sheriff's office, or to one of the persons in the county, whom the sheriff has authorised to grant replevins, where he must enter into a bond, with the two housekeepers as sureties, in double the value of the goods distrained, conditioned for the prosecu tion of a suit in replevin, against the distrainer, with effect, and for returning the goods, if a return shall be awarded; upon this, the sheriff will direct a precept to one of his bailiffs; and by that means the possession of the goods will be restored to the tenant to abide the event of the suit in replevin. stable, are to swear to appraise the same truly, according to the best of their understandings); and after such appraisement, shall and may sell the goods distrained for the best price that can be gotten for the same, towards satisfaction of the rent and charges of such distress, appraisement, and sale, leaving the overplus (if any) in the hands of the sheriff, under sheriff, or constable, for the owner's use. s. 2. When the land! lord ought to remove the In an action of trespass for entering the plaintiff's house and keeping possession for eight days, the defendant justified under a distress for rent: but by the court, the defendant ought to goods of the have removed the goods at the five days end, and for the other premises. three he is a trespasser, and there is no justification. Mic. 13 Geo. 1. Griffin v. Scott, 2 Strange 717. The above case seems to be very incorrectly reported by Strange; for according to the report of the same case in 2 Ld. Raym. 1424, it appears that the chief question was, whether the landlord could justify the putting of men into the possession of the premises, and the continuing of them there, for the better preservation of the goods distrained; or whether he was not bound to remove such goods within a reasonable time; and upon this point the court determined, that although the party might enter and distrain the goods,yet in a reasonable time he ought to remove them, and put them in a pound overt, or close; for at common law no distress could be impounded on the premises; and that in this case, the defendant not having removed the effects in reasonable time, it made his distress illegal; much less could he justify the detaining the possession of the house eight days upon account of the distress, since the law did not allow the distress to be impounded on the premises. From hence, it does not appear that the court laid down any. specific time, for the removal of the goods; but only determined that the landlord could not justify the continuing of men in possession of the premises, beyond a reasonable time, or longer than was necessary for the removal of the goods; which could not then be impounded on the premises; and that keeping possession of the premises for eight days, which was even after the time, when the act directs the effects to be appraised and sold, was an unreasonable time, and therefore rendered the distress illegal. And even now, although by 11 Geo. 2. c. 19. s. 10, the landlord is empowered to impound a distress upon any convenient part of the premises, yet this is optional, and it does not seem that he can of course continue upon the premises, or keep any person there longer than is necessary, for impounding and securing of the goods; it is therefore customary, where the distress cannot be so secured upon the premises, as to be at all times ac cessible to the distrainer, to obtain the tenant's consent * to the * And which, to prevent the inconvenience and exposure arising froin a reval of the goods, is in gueral easily obtained. VOL. 1. Turning the family out on a distress. owner or tenant sufficient. putting a person in possession, or otherwise to remove the good immediately, and impound them off the premises. Besides, the act 2 Will. & Mar. c. 5, appears to relate to the time, when the landlord may appraise and sell the goods, and ut to the time when he ought to remove them; for all that the at directs is, that the tenant shall be allowed five days tɔ make re plevin, exclusive of the day on which the distress is taken; and as these must be whole days.it follow- from a reasonable construction of the two acts, 2 Will. & Mar. e 5, and 11 Geo. 2. c. 19, that the distress cannot be removed from the place where it is in. pounded, or be appraised and sold until the seventh day. And an action of trespass will lie agaiast the landlord, if s making a distress for rent, he turn the plaintiff's family out e possession, and keep the premises on which he has impounde the distress. Etherton v. Popplewell, 1 East's Rep 139. In an action of trover brought for cattle which had been disNotice to the trained for rent, it was found that the plaintit was OWN of the cattle, and that the defendant, after taking the distress, gave notice to the plaintiff according to the statute 2 Will 3. and it was objected that the notice was ill, for the ac: say, that it should be at the chief mansion-house, or other notoris place upon the premises; but in this case it was given to 22 plaintif himself; but the court over-ruled the objection, for ta intent of the act was only, that the party should have notice, which is performed by this means, better than it it had been ki at the house or other place: it was also objected to the no that according to the finding of the jury, it was given to the owner of the cattle, and not to the tenant of the land; and that although the act is in the disjunctive, yet it ought to have reasonable construction; and it is most reasonable that the Do tice should be given to the tenant of the land, because he may shew that the rent is satisûed, which does not lie in the know. ledge of the owner of the cattle: but this was also over-ruled; for the act has expressly provided, that notice may be given the owner of the goods; but if the tenant had sued a replevin then the notice must have been given to him; but notice to the owner sufficiently affects the owner, and the plaintiff is foerd owner of the cattle, and therefore notice to him is sufficient. I Ld. Raym. 54. In the same case it appeared that the tenement, whereupon the distress was made, lay part in the hundred of Kinna ley in Wiltshire, and part in the hundred of Andover in the county of Southampton; that part of the distress was taken in hinnasky, and part in Andover, but that all were impounded together a Kinnasley, and that the constable of Kinnasley administere the oath to the appraisers for the whole, in the presence of the constable of Andover. It was objected that the goods which were taken in Andover ought to have been appraised and sold there, and that the constable of Andover, though present in |