goods. Removal of prevent them from being clandestinely removed. He cannot, however, leave them on the premises an unreasonable time longer than the time above mentioned, otherwise he will render himself liable to an action of trespass, unless he have the tenant's consent to do so; and tenants usually request this as an indulgence, in order that they may be enabled in the mean time to raise money for the payment of the rent, or have an opportunity to replevy the distress. Get the tenant to give you a written memorandum of his consent to your continuing in possession. However, sheaves of corn, &c., when distrained, may be impounded on the premises, until appraised and sold. (a) When corn, grass, &c., growing, is distrained, it may be laid up in barns and other proper places on the premises, and shall not be appraised or sold until it shall have been cut, gathered, cured, and made.(b) If sold before that time, the sale is void, and the property in the corn is not thereby devested out of the tenant, or passed to the vendee. Any goods, when distrained, may be impounded on the premises, and may there be appraised and sold, in like manner as the distrainer might have done if carried off the premises. (c) Household goods. If you remove the goods distrained, if they be household goods or other dead chattels, you may place them in a pound covert; that is in some covered place of safety, where they may not be exposed to injury from the weather. But where cattle are distrained, they may be placed either in a pound overt or pound covert, at the option of the distrainer: if he place them in a pound covert, as in a stable or the like, he must feed and sustain them; but if in a pound overt, common or special, the owner must attend at his peril; and for that purpose, if the distress be impounded in a special pound overt, notice thereof must be given to the (a) 2 W. & M., sess. 1, c. 5, s. 3. (b) 11 G. 2, c. 19, s. 8. (c) 11 G. 2, c. 19, s. 10. owner. (d) A distress shall not be driven out of the county where it is taken; (e) and a distress of cattle shall not be driven out of the hundred, rape, wapentake, or lathe, where it is taken, unless to pound overt within the same shire, and not above three miles' distance from the place where such distress was taken.(ƒ) ment and If the owner of the goods distrained shall not Appraisewithin five days next after such distress taken, and sale. notice thereof left at the chief mansion-house, or other most notorious place on the premises, replevy the same; in such case the person distrained 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, &c., so distrained, to be appraised by two sworn appraisers, whom such sheriff, under-sheriff, or constable, shall swear to appraise the same truly according to the best of their understanding; and after such appraisement, shall sell the same for the best price that can be gotten for them, for satisfaction of the rent and charges of distress, appraisement, and sale, leaving the overplus (if any) with the sheriff, under-sheriff, or constable, for the owner's use. Previous to this statute, a distress, even for rent, could not be sold. Upon the sixth day, inclusive of that on which the distress was made, and after the lapse of five times twenty-four hours from the time of the original seizure, or within a reasonable time afterwards, search at the sheriff's office if the goods have been replevied; if not, send for a constable of the hundred, parish, or place, where the distress was made, and also two sworn appraisers; the constable will then administer the usual oath to the appraisers, and indorse a memorandum of it upon the inventory. The appraisers, being sworn, proceed to appraise the goods; and having done so, write their (d) 52 Hen. IV., c. 4. (e) 1 & 2 P. & M. c. 12, s. 1. appraisement also upon the inventory. The constable must be present during the appraisement. The appraisement should, it seems, be stamped.(g) The goods are usually sold to the distrainer, or a third person, for the sum at which they were appraised; and a receipt for the sum paid for them entered on the inventory, and witnessed by the constable. The distrainer must sell for the best price that can be obtained for the goods, (h) and an action lies if he does not. (i) The price at which the goods were appraised will be presumed to be the best till the contrary is proved. It appears that there is no order required by law to be observed in the sale of the goods. If there be a surplus after payment of the rent and charges, it should be given to the constable to keep for the owner. (j) If goods to the amount of the rent and charges have not been distrained, or if the distress die in the pound, or be otherwise destroyed by the act of God, the landlord may distrain again. The costs of the distraining, &c., where the rent in arrear does not exceed £20, are limited. (k) FORMS IN TAKING A DISTRESS FOR RENT. (1.) Landlord's Authority to Broker. To Mr. E. F., my bailiff. I HEREBY authorise and require you to distrain the goods and chattles in the dwelling-house (or, in and upon the farm, lands, and premises) of A.B., (g) 55 G. III, c. 184. An inventory is first made similar to the one preceding, or annexed to the notice, or an appraisement stamp, and appraisement written under. (h) Sometimes the appraisers buy the goods at their own valuation, and Bill of sale. a receipt at the bottom of the inventory, witnessed by the constable, is usually held a sufficient discharge. But it is advisable in most cases to have a proper bill of sale between the landlord, the constable, the apprais. ers, and the purchaser, for the better proving of the transaction afterwards, if there should be occasion. See Bill of Sale p. 229. (i) 2 W. & M. sess. 1, c. 5, s. 2. (j) Id. (k) 57 G. III., c. 93, see p. 323. As to irregularity of distress, see statute 11 G. II., c. 19, s 19, where the same is not deemed unlawful. See p. 324. situate at, &c., in the county of, &c.,(7) for the sum of, &c.,being years' rent due to me for the same at - last, and to proceed thereon for the recovery of the said rent as the law directs. Dated theday of &c. Witness, E. C. (2.) Yours, &c., C. D. The Inventory of Goods and Chattels distrained. An inventory of the several goods and chattels distrained by me, C. D., (or E. F. the Bailiff,) the day of - in the year of our Lord 18in the dwelling-house, &c.,) (describing the premises,) of A.B., situate at, &c., in the county of, &c., (and if the distress be made by a bailiff, say, " by the authority and on the behalf of C. D.,") for the sum of £, being years' rent due to me(m) (or, "to the said C. D.") at last. In the dwelling-house schedule the goods. (3.) Notice of taking the Distress to be underwritten or annexed. Mr. A. B. Take notice, that I have this day distrained (or, "that as bailiff to C. D., your landlord, I have this day distrained") on the premises above-mentioned, the several goods and chattels specified in the above inventory, (or, if you annex the inventory, say, in the annexed (n) inventory,) for the sum of £ being years' rent due to me ("or to the said C. D.") at last, for the said premises;(0) and (1) Or say, "In the house he now dwells in," (as the case may be). Or say, the goods, chattels, and effects which may be found in or upon the premises in the tenure or occupation of, &c., situate, &c., for £ due and owing to me for rent at, &c., and proceed therein as the law directs, for which this shall be your sufficient warrant and indemnity. Dated, &c. (m) Here may be added, "For the said house and premises, and as yet in arrear and unpaid." (n) Annexing the inventory is the more convenient way, or the body of the notice may state it as, "The goods and chattels hereinafter mentioned." (0) If secured on the premises say," And have secured the said goods and chattels in the warehouse on the said premises." See Doug. 279. i Another that unless you pay the said rent, with the charges Witness, (4.) Distress on growing Crops.(q) To Mr. A. B. C. D. Take notice that I have this day taken and distrained(r) on the lands and premises above mentioned, the several growing erops specified in the above inventory, for the sum of £, &c,, (as in last,) for the said lands and premises; and that unless you previously pay the said rent, with the charges of distraining for the same, I shall proceed to cut, gather, take, cure, carry, and lay up,the said crops when ripe, in the barn, or other proper place on the premises, and in convenient time to appraise, sell, and dispose of, the same towards satisfaction of the said rent, and of the charges of such distress, appraisement, and sale, according to the form of the statute, in such case made and provided. Dated, &c. (8) (p) To Mr. A. B. last, Take notice, that I have this day seized upon your goods, in your house, in, &c., for £, being half a year's rent due to me at and have taken an inventory thereof, (a copy of which is hereunto annexed,) and locked the same up in your chamber, one pair of stairs; and if you do not pay the rent due, or replevy the goods mentioned in the said inventory, I shall at the expiration of five clear days from the date hereof, make sale thereof, as the law directs. Dated, &c. (7) See 11 G. II., c. 19, s. 8. (r) Or, that as bailiff to A. B. your landlord. Yours, &c., (s) A memorandum of the delivery of a true copy to the tenant should be written under the notice, thus: "A true copy of the above inventory, and notice was this day of, &c., delivered to the above-mentioned A. B., in the presence of us." |