28. A hufband feised of lands in right of his wife, cannot diftrain where the reverfion goes to the heir ib. 29. Diftrefs may be made on a rent 79 payable by custom on the day the
12. If goods fraudulently removed, be bona fide fold, the landlord fhall re- cover double their value in an action of debt
30. Of what things a diftrefs may be made
13. Or, if the goods do not exceed the value of 50l. he may apply to a juftice in a fummary way ib. 14. By 11 Geo. 2. c. 19. a landlord 31. Things feræ naturæ, cannot be having a right to distrain, may diftrained 83 break open houfes, &c. to feize goods fraudulently fecured therein ib.
32. Fixtures which go to the heir, can- not be diftrained ib.
33. By 2 Will. 3. c. 5. corn or hay cut may be diftrained for rent ib. 34. By 11 Geo, 2. c. 19. cattle on com- mon may be distrained ib. 35: By 11 Geo. 2. c. 19. corn or other grain growing, may be diftrained and taken when ripe, and lodged in the barn on the premiffes; or if no barn, may be removed
36. But notice must be given, and on tender of rent and cofts, the diftrefs shall be restored
37. Landlords may diftrain for double rent after a holding over ib. 38. What goods cannot be diftrained
85 41. A gentleman's chariot, ftanding at a livery table, may be diftrained Q
for rent due to the landlord of the | 59. Determinations on these statutes
42. A race horse standing at a stable 60. Of an irregular and exceffive dif half a mile from an inn, may be diftrained for rent due to the land- lord of the inn
ib. 43. Things diftrained damage feafant, cannot while thus diftrained, be taken for rent ib. 44. Hories and cart, where and in what cafes, diftrainable ib, 45. Money out of a bag cannot be diftrained; for it has no ear-mark ib. 46. Of things diftrainable for damage feafant, for tolls and for port duties 86 47. Of making a fecond distress ib. 48 Wearing apparel may be diflrained for rent 87 49. Way going crops may be diftrained within the fix months ib. 50. At what time a diftrefs fhall be ib. 51. In what place a diûrefs may be
88 52. A diftrefs by the common law, be-, ing only in the nature of a pledge, cannot be fold, but must be im- pounded 89
53. The feveral kinds of pounds, and the method of impounding, defcrib- ed
54. In what manner a diftrefs may be ufed
But by the 2 Will. & Mary, c. 5. goods diftrained for rent, if the te- nant fhall not, withir five days after the diftrefs, and notice given him thereof, replevy the fame; the per- fon may, at the expiration of the five days, fell the goods diftrained
57. What shall be confidered fufficient notice for this purpose
trefs; in what cafes the diftrainer fhall be a trefpaffer; and of the
amends to be made
61. The remedy for an exceffive dif trefs
62. Of refeuing a distress 63. A rescue is where a man fets goods at large lawfully diftrained ib. 64. If a diflrefs be taken contrary to law, it may be rescued ib.
65. What fhall be deemed a rescue ib. 66. By 2 Will. & Mary, c. 5. on a pound breach, or rescue of goods diftrained for rent, the party grieved fhall re- cover treble damages 67. The party may maintain an action on the cafe on this ftatute, though no notice be given of the diftrefs
ib. 68. If diftrefs be made after tender, the goods may be rescued ib. 69. By 11 Geo. 2. c. 19. if any tenant fhall be in arrear one year's rent, and fhall defert the premiffes, leaving no fufficient diftrefs to countervail the arrears of rent ; two disinterest- ed justices of the county may view the premifles, and affix fourteen days notice thereon, that they will, at the expiration thereof, make a fecond view; and if the tenant fhall not then appear and pay, they shall put the landlord in poffeffion, and the leafe fhall be void; but the te- nant may appeal to the feffions 96 70. Precedents and directions for mak, ing a diftrefs, with the forms of let- ter of attorney, warrant to diftrain, words to be used in diftraining, in- ventory, notice, delivery of copy of the inventory, &c. &c. &c. 97
58. By 11 Geo. 2. c. 19. diftreffes for rent may be fecured and fold on the 1. The eftate in dower premifes
10. Of the notice to quit, which is neceffary to be given to fupport an ejectment under this ftatute 1531. 11. Of the declaration in ejectment,
and herein of the demife, entry, and oufter ib. 12. The form in which the declaration muft ftate the requintes to this ac
tion 13. The manner in which the leafe, entry, and ouster, must be alledged
An eftate in lands, tenements, and hereditaments, fignifies such intereft as the tenant hath therein; and are divided into fuch as are freebald, and fuch as are less than freehold 3 to 8
A freehold eftate is the possession of the foil by a freeman, and at common law, could only be created by livery of seifin O 2
9. Aneftate in tail, is created by force of the ftatute de aonis, and is either general or special, in tail male or in tail female
21. Eftates upon condition, are either upon condition implied or condition exprefled: The firû kind is where a grant of an eftate has a condition annexed to it infeparably from its effence and conítitution, although no condition be expreffed in words: The fecond kind are mortgages, elegits, ftatute merchant and flatute staple 8 to 10
10 An eftate of freeheld not of inherit- ance, is an eftate for life only, fome of which are conventional, or exprefs-22. ly created by the act of the parties; others merely legal, as created by con- ftruction or operation of law ib. 11. An eitate after poffibility of iffue extinct, is an eftate for life, created by operation of law, in the manner def.ribed
ib. 12. An eitate by the curtefey of Eng- land, is an eftate for life, created by operation of law, as defcribed 5 13. An eftate for life, created by the
parties, may be for a perfon's own Life, or for the life of another, as defcribed
14 An eítate in dower, is an estate for life created by operation of law 5 15. An eitate of jointure, is conftituted, and given, in the manner defcribed, in lisu of dower
An eftate by mortgage, is where land is procured for money borrow- ed, &c.
23. An eftate by elegit, is where a cre- ditor is put into poffeffion by the fheriff on a writ of execution, called an elegit 24 An eftate by ftatute merchant, is created by virtue of a bond entered into pursuant to the ftatute de mer- catoribus
25. An eftate by ftatute staple, is ob- tained by execution on a record ac- knowledged pursuant to the ftatute of staple
26. Eftates alfo may be considered foley with regard to their duration, and are, in this refpect, either in rofeffion, in remainder, or in reverfion
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