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solidates the duties, &c., of excise, continues all Lawfulness cannot be handled without limitations advances, bounties, and drawbacks, which are

and distinctions.

Bacon's Holy War. particularly directed to be made by any act or Credulous and vulgar auditors readily believe it, acts of parliament in force, on or immediately and the more judicious and distinctive heads do not

Browne. before the 5th of July, 1803, except so far as reject it.

Heaven is high,
such allowances may be varied or repealed by
the same act. By 39 and 40 Geo. III. c. 73,

High and remote, to see from thence distinct
Each thing on earth.

Milton. spirits distilled in England for exportation to Scotland, are exempted from the excise duties in

Tempestuous fell England. And by 43 Geo. III. c. 69, for every

His arrows from the fourfold-visaged four,

Distinct with eyes; and from the living wheels gallon, English wine measure, of spirits, not

Distinct alike with multitude of eyes. Id. exceeding in strength that of one to ten over hydrometer proof, and so in proportion for any

If by the church they mean the communion of higher degree of strength, made in England and saints only; though the persons of men be visible, thence imported into Scotland, payment is to be yet because their distinctive cognizance is invisible

, made by the importer before landing, of 4s.; and they can never see their guide; and therefore they

can never know whether they go right or wrong. by c. 81, an additional duty of 2s.: for every

Bp. Taylor. such gallon manufactured in Scotland and brought from thence into England, 5s. Ojd.; and

The intention was, that the two armies, which by c. 81, an additional duty of 2s. 5d. For marched out together, should afterwards be distinct.

Clarendon. every gallon of such spirits of greater strength

Maids, women, wives, without distinction fall; than one to ten over hydrometer proof, and not the sweeping deluge, love, comes on, and covers all. exceeding £3 per cent. over and above one to ten

Dryden. over hydrometer proof, 7s. 5}d. and a surcharge. The object I could first distinctly view, And all duties and drawbacks under these acts Was tall straight trees, which on the waters flew. shall be proportionate to the actual quantity.

la. No spirits shall be sent from Scotland to Eng The membranes and humours of the eye are perland, or from England to Scotland, by land, or fectly pellucid, and void of colour, for the clearness, in vessels of less than seventy tons burden, or in and the distinctness, of vision. Ray on Creation. casks containing less than 100 gallons, on for Fatherhood and property are distinct titles, and befeiture of the same, together with casks or pack- gan presently, upon Adam's death, to be in distinct

Locke. age. And if any distiller, rectifier, compounder, persons. or dealer in spirits, or servant belonging to any

This will puzzle all your logick and distinctions to answer it.

Denham's Sophy. such person, shall obstruct an officer in the execution of this act, he shall forfeit £200. Vide

On its sides it was bounded pretty distinctly, but on laws relating to distillation under GENEVA,

its ends very confusedly and indistinctly.

Newson's Opticks. WHISKEY, BRANDY, and Rum. See also HYDROMETER.

In story-telling, besides the marking distinct characDISTINCT', adj. Fr. distinct ; Italian, wise necessary to leave off in time and end smartly.

ters, and selecting pertinent circumstances, it is likeDISTINCTION, n. s. Portug, and Span. dis

Steele. DISTINCTIVE, adj. tinto; Lat. distinctus, For from the natal hour, distinctive names, Distinc'TIVELY, adv. s from distinguo, dis, and One common right the great and lowly claims. DISTINCT'LY, ado. Gr. sisw, to mark or

Pope's Odyssey DISTINCT'NESS, n.s. ) prick for distinction :

Some young men of distinction are found to travel marked out in any way; different in kind, de- through Europe, with no other intent, than that of gree, or number; separate : distinction is the act understanding, and collecting pictures, &c. or art of discerning a difference, as well as the

Goldsmith. thing that notes it; and the honor or difference There is too much reason to apprehend, that the of state resulting. Distinctive is that which custom of pleading for any client, without discrimimarks a difference, or having power to do so : nation of right or wrong, must lessen the regard due distinctively and distinctly, clearly without con to those important distinctions, and deaden the moral fusion of differences. Distinctness, more intense sensibility of the heart.

Percival. or accurate distinction.

The painter, on the other hand, can throw stronger For tho thingis that ben withouten the soule ghyieth illumination and distinctness on the principal moment voicis, eithir pipe, eithir harpe, but tho ghyuen dis

or catastrophe of the action ; besides the advantage tinccioun of sownyngis hou schal it be knowun that is

he has in using a universal language which can be sungun eithir that that is trumpid ?

read in an instant of time.

Darwin. Wiclif. 1 Cor. 13. I used then to say, and I say so still, render the The mixture of those things by speech, which by tinction to its possessor, in order that his example may

office of a bishop respectable by giving some civil disnature are divided, is the mother of all error: to take away therefore that error, which confusion breedeth,

have more weight with both the laity and clergy. distinction is requisite.

Bp. Watson
I did all my prilgrimage dilate,

DISTINGUISH,v.a.&v.n.) Fr, distinguer ; Whereof by parcels she had something heard,

Distin'GUISHABLE, adj.

Span. and Port. But not distinctively.

Distin'GUISHED, part. adj.
Shakspeare. Othello.

distinguer ; It Distin'GUISHER, n. S.

and Lat. distinThis fierce abridgment

Distin'GUISHINGLY, adv. Hath to it circumstantial branches, wbich


TINCT. Tomark Distinction should be rich in. Id. Cymbeline. diversity; to specify; to know by some mark or

guere. See Dis

token ; to judge; and hence to honor: as a neuter Never on man did heavenly favour shinc verb, to make distinction. Distiuguishable is With rays so strung, distinguished, and divine. capable of being distinguished; honorable. Dis

Id. Odyssey. tinguishingly, accurately; or with some mark of

The question is, whether you distinguish me, because honor. Distinguishment seems synonymous with

you have better sense than other people, or whether distinction.

you seem to have better sense than other people, because you distinguish me.

Shenstone. Rightly to distinguish, is, hy conceit of the inind, to sever thinge different in nature, and to discern wherein

DISTORT', v.a. / Lat. distortus, from dis they differ.


DistorʻTION, n. s. and torqueo, tortus, to We have not yet been seen in any house, turn. To make crooked; twist; writhe ; deform: Nor can we be distinguished, by our faces,

often used figuratively. For man or master.

Something inust be distorted beside the intent of the Shakspeare. Tæming of the Shrew.

divine inditer.

Peachın on Poetry. Let us admire the wisdom of God in this distinguisher

With fear and pain of times, and visible deity, the sun.

Distorted, all my nether shape thus grew
Browne's Vulgar Errours.

Impenitent, they left a race behind
Like to themselves, distinguishable scarce

Wrath and malice, envy and revenge, do darken
From Gentiles, but by circumcision vain.

and distort the understandings of men.

Tillotson. Milton.

By his distortions he reveals his pains; The acting of the soul, sit relates to perception and He by his tears and by bis sighs complains. decision, to choice and pursuit, or aversion, is distin

Prior. guishable to us.

Hale's Origin of Hunkind. In England we see people lulled asleep with solid Being dissolved in aqueous juices, it is by the eye

and elaborate discourses of picty, who would be distinguiskable from the solvent body. Boyle. warmed and transported out of themselves by the bel

The not distinguishing where things should be dis- lowings and distortions of enthusiasm. tinguisked, and the not confounding where things

Addison's Spectator. should be confounded, is the cause of all the mistakes Now mortal pangs distort his lovely form. Smith. in the world.


Here cross-legged nobles in rich state shall dine, If writers be just to the memory of Charles II., they There, in bright mail, distorted heroes shine. Gay. cannot deny him to have been an exact knower of mankind, and a perfect distinguisher of their talents.

For gold, his sword the hireling ruffian draws;

Dryden. For gold, the hireling judge distorts the laws. We are able, by our senses, to know and distinguish

Johnson. Vanity of Human Wishes. things; and to examine them so far as to apply them

We prove its use to our uses, and several ways to accommodate the Sovereign and most effectual to secure exigencies of this life.

Locke. A form, not now gymnastic as of yore, St. Paul's Epistles contain nothing but points of

From rickets and distortion, else our lot. Christian instruction, amongst which he seldom fails

Cowper. to enlarge on the great and distinguishing doctrines of DISTRACT, v. a. & adj. Fr. distraire ; our holy religion. Id. DistrACT'EDLY, adv. Ital.

distrare ; Can I be sure that in leaving all established opinions Distract'EDNESS, n. S.

Span. distrahar, I am following the truth; and by what criterion shall Distraction,

from Lat. dis, diI distinguish her, even if fortunc should at last guide DistraCTIVE, adj.

versely, and trame on her footsteps ?

DISTRAUGHT', part. adj. ho; Gr. oparow, Hume on Human Understanding. to draw. To draw several ways at once: to perThe distinguishing part of our constitution is its plex the mind; to harass : vex; inake mad. liberty.


Distraction and distractedness are synonymous. Moses distinguishes the causes of the food into those

Distractive is causing perplexity. Distraught that Lelong to the heavens, and those that belong to

is distracted. the earth, the rains, and the abyss.

Burnet's Theory. While I suffer thy terrors I am distracted. Psalm. I would endeavour that my betters should seek me

By sea, by sea. by the merit of something distinguishable, instead of

- Most worthy Sir, you therein throw away my seeking them.


The absolute soldiership you have by land; Wit, I consider as a singular and unavoidable man Distract your army, which doth most consist ner of doing or saying any thing peculiar and natural Of war-marked footmen. to one man only, by which his speech and actions are

Shakspeare. Antony and Cleopatra. distinguished from those of other men. Congreve.

Better I were distract, Let us revolve that roll with strictest eye,

So should my thoughts be severed from my griefs ; Where, safe from time, distinguished actions lie. And woes, by wrong imagination, lose

Prior. The knowledge of themselves. Id. King Lear. To make corrections upon the searchers' reports, I considered whether any credit at all were to be given

Come, cousin, canst thou quake, and change thy

colour, to their distinguishments. Graunt's Bills of Mortality.

Murder thy breath in middle of a word For sins committed, with many aggravations of

And then again begin, and stop again, guilt, the furnace of wrath will be seven times hotter,

As if thou wert distraught and mad with terror ?

Id, Richard III. and burn with a distinguished fury. Rogers.

Some call me a Tory, because the heads of that Methought her eyes had crossed her tongre, party have been distinguishingly favourable to me. For she did speak in starts distractedly.


Id. I'welfth Night.

She was unable in strength of mind to bear the We are troubled on every side, yet not distressed.

Bible. 2 Cor. iv. 8. grief of his disease, and fell distracted of her wits.

Bacon. O Desh they ben, and o fesh, as gesse, The needle endeavours to conform unto the meri Hath but on herte in wele and in distress, dian; but being distracted, driveth that

where the

Chaucer. Cant. Tales. greater and powerfuller part of the earth is placed.

He would first demand his debt; and, if he were Browne's Vulgar Erruurs.

not paid, he would straight go and take a distress of He had been a good military man in his days, but goods and cattle, where he could find them, to the was they distraught of his wits.

Camd. Rem.

Spenser. It would burst forth ; but I recover breath;

There can I sit alone, unscen of any,
And sense distract to know well what I utter.

And to the nightingale's complaining notes
Milton's Agonistes.

Tune my distresses, and record my woes.
The two armies lay quiet near each other without

Shakspeare. improving the confusion and distraction which the

I often did beguile her of her tears, king's forces were too much inclined to. Clarendon.

When I did speak of some distressful stroke Idleness is but the devil's home for temptation, and That my youth suffered.,

Id. Othello. for unprofitable distracting musings.


They were not ashamed-to come to me for assessNever was known a night of such distraction, ments and monthly payments for that estate which Noise so confused and dreadful! jostling crowds, they had taken; and took distresses from me upon iny That run and knew not whither. Dryd. Span. Fr. most just denial. Bp. Hall': Hard Measure. Oft grown unmindful through distractive cares,

Quoth she, some say the soul's secure I've stretched my arins, and touched him unawares. Against distress and forfeiture. Hudibras.

Dryden. If he cannot wholly avoid the

People in affliction or distress cannot be hated by of the observer, eye

Clarissa. he hopes to distract it by a multiplicity of the object.

generous minds. South,

The ewes still folded, with distended thighs,

Unmilked, lay bleating in distressful cries. You shall find a distracted man fancy himself a

Pope's Odyssey. king, and with a right inference require suitable attendance, respect, and obedience.

Locke. And such is the fate of hapless lexicography, that So to mad Pentheus double Thebes appears,

not only darkness, but light, impedes and distresses And furies howl in his distempered ears;

it; things may be not only too little, but too much Orestes so, with like distraction tost,

known, to be happily illustrated.

Johnson. Preface to Dictionary. Is made to fy his mother's angry ghost. Waller, What may we not hope from him in a time of quiet

Ah! then and there was hurrying to and fro, and tranquillity, since, during the late distractions, he

And gathering tears, and tremblings of distress, has done so much for the advantage of our trade?

And cheeks all pale, which but an hour ago
Addison's Freeholder.
Blushed at the praise of their own loveliness.

Byron. Commiserate all those who labour under a settled distraction, and who are shut out from all the plea

Distress, Districtio, is the taking of a persures and advantages of human commerce.

sonal chattel out of the possession of the wrong

Atterbury. doer, into the custody of the party injured, to This quiet sail is as a noiseless wing

procure a satisfaction for the wrong committed. To waft me from distraction; once I loved

The term distress is also, in our law books, Torn ocean's roar, but thy soft murmuring applied to the thing taken by this process, as Souads sweet as if a sister's voice reproved,

well as to the process itself. The most usual That I with stern delights should e'er have been so injury for which a distress may be taken is that moved.

Byron's Childe Harold. DISTRAIN' v. a. & n.

of non-payment of rents. See Rent. Fr. destraindre ;

It is held as a universal principle, that a disDistraIN'ER, n. s. Ital, and Lat. dis- tress may be taken for any kind of rent in arrear; DistraINT', n. s.


tringere ; dis, exple- the detaining of which beyond the day of paytive, and stringo, to gripe. To lay hold of byment is an injury to him that is entitled to relaw. See the article.

ceive it. Likewise, for neglecting to do suit to Here's Beauford, that regards not God nor king, the lord's court, or other certain personal serHath here distrained the Tower to his use.

vice, (Co. Litt. 46,) the lord may distrain, of com

Shakspeare. mon right. Also, for amercements in a courtThe earl answered, I will not lend money to my leet a distress may be had of common right; but superior, upon whom I cannot distrain for the debt.

not for amercements in a court-baron, without a Camden's Remains.

special prescription to warrant it, (Brownl. 36.) Blood, bis rent to have regained

Another injury for which distresses may be taken, Upon the British diadem distrained. Marvel.

is where a man finds beasts of a stranger wanDistrain, or DISTREIN, in law, is to attach, dering in his grounds, damage-feasant; that is, or seize on one's goods, for the satisfaction of a doing bim hurt or damage, by treading down his debt. It is the mode of levying a distress. See grass, or the like; in which case the owner of the the following article.

soil inay distrain them till satisfaction be made DISTRESS', v. a. & n. s. ) Fr. détresse ; It. him for the injury sustained. Lastly, for several

Distress'ful, adj. s distrezza; from duties and penalties inflicted by special acts of Lat. districtio, distringo; to press bard; hence, parliament, as for assessments made by commisdistress, because a person in distress is pressed sioners of sewers, stat. 7 Ann. c. 10, or for the by his affairs. To seize by law; to harass; rel of the poor, stat. 43 Eliz. 2, remedy by crush by affliction; make unhappy.

distress and sale is given : with regard to which


it may be observed, that such distresses are which are found on the tenant's land, the followpartly analogous to the ancient distress at com- ing distinctions are taken. If they are put in by mon law, as being repleviable and the like (4 consent of the owner of the beasts, they are Burr. 589); but more resembling the common distrainable immediately afterwards for rentlaw process of execution, by seizing and selling arrere by the landlord. (Cro. Eliz. 549.) So the goods of the debtor under a writ of Fieri also if the stranger's cattle break the fences, and Facias, which see.

commit a trespass by coming on the land, they By stat. 56 Geo. 3, c. 88, § 16, 17, tenants are distrainable immediately by the lessor for in Ireland having paid rent to their immediate his tenant's rent, as a punishment to the owner landlord, if distrained by the superior landlord, of the beasts for the wrong commitred through may recover damages against their immediate his negligence. (Co. Litt. 47.) But if the lands landlord, and retain them out of the future were not sufficiently fenced so as to keep out accruing rent. By this act, as amended by 58 cattle, the landlord cannot, generally, distrain Geo. 3, c. 39, the powers of distress on corn, &c., them, till they have been levant and couchant on growing (given in England by stat. 11 Geo. II., the land ; that is, have been long enough there to c. 19) are extended to Ireland; and other provi- have lain down and rose up to feed; which, in sions are made for the recovery of tenements general, is held to be one night at least; and then from absconding, overholding, and defaulting the law presumes, that the owner may have

notice whither his cattle have strayed, and it is With respect to the things which may be dis- his own neglect not 10 have taken them away. trained, or iaken in distress, it may be laid down There are also other things privileged by the as a general rule, that all chattels personal are ancient common law; as a man's tools and utenliable to be distrained, unless particularly pro- sils of his trade, the axe of a carpenter, the tected or exempted. Instead, therefore, of men- books of a scholar, and the like; which are said to tioning the things that are distrainable, it will be be privileged for the sake of the public, because more easy to recount the things which are not the taking of them away would disable the owner so, with the reason of their particular exemptions. from serving the commonwealth in his station. (Co. Litt. 47). Every thing which is distiained So, beasts of the plough, averia carucæ, and is presumed to be the property of the wrong-doer: sheep, are privileged from distresses at common it will follow, therefore, that such things, in which law (stat. 51 Hen. III. c. 4.): while dead goods, no man can have an absolute and valuable pro or other sort of beasts, which Bractou calls perty, as dogs, cats, rabbits, and all animals feræ catalla otiosa, may be distrained. But, as beasts naturæ, cannot be distrained. But if deer, which of the plough may be taken in execution for are feræ naturæ, are kept in a private enclosure debt, so they may be for distresses by statute, for the purpose of sale or profit, this circum- which partake of the nature of executions. stance reduces them to a kind of stock or mer- Burr 589). And, perhaps, the true reason, why chandise, that they may be distrained for rent. these and the tools of a man's trade were priviMoreover, whatever is in the personal use or leged at the common law, was, because the disoccupation of any man is, for the time, privi- tress was then merely intended to compel the leged and protected from any distress; as an payment of the rent, and not as a satisfaction axe with which a man is cutting wood, or a horse for the non-payment; and, therefore, to deprive while a man is riding him. But horses drawing the party of the instruments and means of paying a cart, and also the cart, may be distrained for it, would counteract the very end of the distress rent-arrere, if a man be not upon the cart (1 (4 Burr. 588). Moreover, nothing shall be disVent. 36): and it hath been said, that if a horse, trained for rent, wbich may not be rendered though a man be riding him, be taken damage- again in as good a plight as when it was disfeasant, or trespassing in another's ground, the trained; for which reason milk, fruit, and the horse may be distrained and led away to the like, cannot be distrained; a distress at common pound. (1 Sid. 440.) However, the authorities law being only in the nature of a pledge or secuon this point being collected together in Hargr. rity, to be restored in the same plight when the Co. Liti. 47, the clear result of them is, that debt is paid. So, anciently, sheaves or stacks of such a distress is illegal. Again, valuable things corn could not be distrained; because some in the way of trade shall not be liable to distress; damage must needs accrue in their removal; but as a horse standing in a smith's shop to be shod, a cart loaded with corn might; as that could be or in a common inn; or cloth at a tailor's house; safely restored. But now by statute 2 W. & or corn sent to a mill or market. All these are M. c. 5, corn in sheaves or cocks, or loose in the protected or privileged for the benefit of trade; straw, or hay in barns or ricks, or otherwise, may and are supposed in common presumption not be distrained, as well as other chattels. Lastly, to belong to the owner of the house, but to his things fixed to the freehold may not be distrained, customers. But, generally speaking, whatever as caldrons, windows, doors, and chimney pieces; goods and chattels the landlord finds upon the for they savour of the realty. For this reason premises, whither they, in fact, belong to the also corn growing could not be distrained; till the tenant or a stranger, are distrainable by him for statute of 11 Geo. II,c. 19, empowered landlords rent; for otherwise a door would be open to in- to distrain corn, hops, grass, or other products of finite frauds upon the landlord; and the stranger the earth, and to cut and gather them when ripe. has his remedy by action on the case against the The goods of a carrier are privileged, and cannot tenant, if by the tenant's default the chattels are be distrained for rent, though the waggen coudistrained, so that he cannot render them when taining them is put into the barn of a house, called upon. With regard to a stranger's beasts or on the road. (1 Salk. 249). But the goods of


a third person, found on the premises, may be titled to distrain for an entire duty, he ought distrained by the collector of the house and win- to distrain for the whole at once; and not for dow tax, for arrears under 43 Geo. III. c. 161, part at one time, and part at another. (2 Lutw. though the goods are only borrowed and the i532). But if he distrains for the whole, and person in arrear has other goods of his own on there is not sufficient on the premises, or he hapthe premises sufficient to satisfy the arrears. 1 pens to mistake in the value of the thing disMaid. and Sel. Rep. 601.

trained, and so takes an insufficient distress, he ji. We enquire next how distresses may be may take a second distress to complete bis taker, disposed of, or avoided. The law of dis- remedy. (Cro. Eliz. 13. stat. 17; Car. 11. c. 7: tresses, says Slackstone, is greatly altered in late 4 Burr 590). Distresses must be proportioned to years. Formerly they were regarded as a mere the thing distrained for. By the statute of Marlpledge or security for payment of rent or other bridge, 52 Hen. III. c. 4, if any man takes a duties, or satisfaction for damage done. And so great or unreasonable distress, for rent-arrere, he the law continues with regard to distresses of beasts shall be heavily amerced for the same. Or if (2 taken damage-feasant, and for other causes, not Inst. 107.) the landlord distrains two oxen for altered by act of parliament; over which the twelve-pence rent; the taking of both is an undistrainer has no other power than to retain them reasonable distress; but if there were no other till satisfaction is made. But distresses for distress near the value to be found, he might reasonrent-arrere being found by the legislature to ably have distrained one of them; but for homage, be the shortest and most effectual method of fealty, or suit and service, as also for parliamencompelling the payment of such rent, many be- tary wages, it is said that no distress can be exneficial laws for this purpose have been made in cessive. (Bro. Abr. tit. Assise. 291; Prerogative the last century; which have much altered the 98.) For as these distresses cannot be sold, the common law, as laid down by our ancient wri- owner, upon making satisfaction, may have his ters. In discussing this part of the subject, chattels again. The remedy for excessive diswill be supposed that the distress is made for tresses is hy a special action on the statute of rent; and the differences between such distress, Marlbridge; for an action of trespass is not and that taken for other causes, will be specified. maintainable upon this account, it being no injury All distresses must be made by day, unless in the at the common law. case of damage-feasant; an exception being made ini. When the distress is taken, the next obin this case, lest the beasts should escape before ject of consideration is the disposal of it. For they are taken. (Co. Litt. 142). When a per- which purpose the things distrained must in the son intends to make a distress, he must, by him- first place be carried to some pound, and there self or his bailiff, enter on the demised premises; impounded by the taker. But in their way thiformerly during the continuance of the lease, but ther, they may be rescued by the owner, in case now (stat. 8 Ann. c. 14), if the tenant holds the distress was taken without cause, or contrary over, the landlord may distrain within six months to law: as if no rent be due; if they were taken after the determination of the lease; provided upon the highway, or the like; in these cases the his own title or interest, as well as the tenant's tenant may lawfully make rescue. (Co. Litt. possession, continue at the time of the distress. 160, 161). But if they be once impounded, If the lessor does not find sufficient distress on even though taken without any cause, the owner the premies, formerly he could not resort any may not break the pound and take them out; for where else ; and therefore, knavish tenants made they are then in custody of the law. (Co. Litt. 47). a practice to convey away their goods and stock, When impounded, the goods were formerly only fraudulently, from the honse or lands demised, in the nature of a pledge or security to compel the in order to cheat their landlords. But now (stat. performance of satisfaction; and upon this account, 8 Ann. c. 14. 11 Geo. 11. c. 19), the landlord it has been held (Cro. Jac. 148) that the distrainor may distrain any goods of his tenant, carried is not at liberty to work or use a distrained beast. clandestinely off the premises, wherever he tinds And thus the law still continues with regard to them within thirty days after, unless they have beasts taken damage-feasant, and distresses for been bona fide soid for a valuable consideration : suit or services; which must remain impounded, and all persons privy to, or assisting in such till the owner makes satisfaction; or contests fraudulent conveyance, forfeit double the value the right of distraining by replevying the chartels. to the landlord. The landlord may also dis- This kind of distress, though it puts the owner 10 train the beasts of his tenant, feeding upon any inconvenience, and is therefore a punishment to commons or wastes, appendant or appurtenant to him, yet, if he continues obstinate and will make the demised premises.

The landlord might not no satisfaction or payment, it is no remedy at all formerly break open a house, to make a distress, to the distrainor. But for a debt due to the for that is a breach of the peace. But when he crown, unless paid within forty days, the distress was in the house, it was held, that he might was always saleable at common law. (Bro. Abr. break open an inner door (Co. Litt. 16. Com- tit. Distress. 71). And for an amercement at a berb. 17); and now (stat. 11 Geo. II. c. 19) he court-leet, the lord may also sell the distress (8 may, by the assistance of the peace officers of the Rep. 41); partly because, being the king's court parish, break open, in the day-time, any place of record, its process partakes of the royal prerowhither the goods have been fraudulently re- gative (Bro. ubi. supra. 12 Mod. 330): bui prinmoved, and locked up to prevent a distress; oath cipally, because it is in the nature of an execution being first made, in case it be a dwelling-house, to levy a legal debt. And so in the several staof a reasonable ground to suspect that such tute-distresses already mentioned, which are also goods are concealed in it. Where a man is en- in the nature of executions; the power of sale is

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