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

again; but money sealed up in a bag may. A horse in a cart cannot be distrained, without also taking the cart; and if a man be in the cart, these cannot be taken. A horse bringing goods to market, goods brought to market to be sold, goods for exportation on a wharf or in a warehouse, goods in the hands of a factor, goods delivered to a carrier to be conveyed for hire, wool in a neighbour's barn, are all considered as goods in the hands of a third person, and cannot therefore be distrained by a landlord for rent. But goods left at an inn or other place of conveyance, a chaise or horse standing in a stable, though the property of a third person, may be distrained for rent. A distress must not be made after dark, nor on the Sabbath day.--Where a landlord means to distrain for rent, it is not necessary to demand his rent first, unless the tenant is on the premises on the day of payment, and ready to pay it. But if goods are distrained, and no cause given for so doing, the owner may rescue them, if not impounded. Distraining part of the goods for rent in arrear, in the name of the whole goods, will be deemed a lawful seizure. But if distress and sale be made for rent when it can be proved that no rent is due or in arrear, the person so injured may recover double the value of such goods distrained, with full costs of suit. If goods be impounded, though they have been distrained without a cause, a tenant cannot touch them, because they are then in the hands of the law; but if not impounded or taken away, he is at liberty to rescue them.--If distress be made for rent, and the goods are not replevied within five days after the distress is made, and notice left on the premises stating the cause of such distress, the person distraining may have the goods appraised by two persons, sworn by the constable of the place