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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
by Eaton, Mary, active 1823-1849 · Page 229 of 639 · 223,599 words
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for that purpose, and may after such appraisement sell them to the best advantage. The rent may then be taken, including all expences, and the overplus left in the hands of the constable for the owner's use. If a landlord commit an unlawful act or any other irregularity, in making distress for rent which is justly due, the distress itself will not on that account be deemed unlawful; but full damages may be demanded by the injured party, with full costs of suit; either in an action of trespass, or on the case. But if full recompense be tendered to the tenant for such trespass before the action is commenced, he is bound to accept it, or the action will be discharged.--If a tenant clandestinely remove his goods, to prevent the landlord from distraining them for rent, he may seize the goods within thirty days, wherever they shall be found; and if not actually sold previous to the seizure, he may dispose of them in order to recover his rent. Any tenant or assistant removing goods to prevent a distress, is liable to double the value of the goods, which the landlord may recover by action at law. If under the value of fifty pounds, complaint may be made in writing to two neighbouring magistrates, who will enforce the payment by distress, or commit the offenders to the house of correction for six months. If any person after the distress is made, shall presume to remove the goods distrained, or take them away from the person distraining, the party aggrieved may sue for the injury, and recover treble costs and damages against the offender.--A landlord may not break a lock, nor open a gate; but if the outer door of the house be open he may enter, and break open the inner doors. But where goods are fraudulently removed, and locked up to prevent their being seized, the landlord may break open every place where they are and seize them. If in a dwelling house, an oath must first be made before a magistrate, that is was suspected the goods
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