The Cook and Housekeeper's Complete and Universal Dictionary; Including a System of Modern Cookery, in all Its Various Branches, Adapted to the Use of Private Families

of tax-gatherers, and the severity of landlords, it is proper that householders and occupiers of land should be furnished with a little information on the subject of their legal rights and liabilities, in order to guard against injustice, or the fatal consequences of illegal proceedings. It must therefore be observed, that rent is recoverable by action of debt at common law; but the general remedy is distress, by taking the goods and chattels out of the possession of the tenant, to procure satisfaction for rent. A distress for rent therefore must be made for nonpayment, or rent in arrears, and cannot be made on the day in which the rent becomes due. Neither can distress be made after the rent has been tendered; or if it be tendered while the distress is making, the landlord must deliver up the distress. Any goods or effects that are damaged by the proceedings of the landlord, must be made good by him.--When distress is levied, it should be for the whole of the rent in arrears; not a part at one time and the remainder at another, if there was at first a sufficiency; but if the landlord should mistake the value of the things, he may make a second distress to supply the deficiency. He must be careful to demand neither more nor less than is due; he must also shew the certainty of the rent, and when it was due; otherwise the demand will not be good, nor can he obtain a remedy.--A landlord may distrain whatever he finds on the premises, whether it be the property of his tenant or not, except such things as are for the maintenance and benefit of trade; such as working tools and implements, sacks of corn, or meal in a mill. Neither fixtures in a house nor provisions can be distrained, nor any other article which cannot be restored in as good a state as when it was taken; but wearing apparel may be distrained when they are not in use. Money out of a bag cannot be distrained, because it cannot be known