215. It is usual to state the amount due, and up to what period, in a Warrant of Distress; but the latter is not necessary. (Moss v. Gallemore. 1. Doug. 279.) It is advisable, however, under the Tithe Commutation Act, that the proceeding by distress should be conducted with some particularity, especially as it is founded on a previous ten days' notice.

216. A general Warrant of Distress for arrears of Rent-Charge may be given, but a separate authority for each case is preferable, unless the giving such separate power would be attended with inconvenience, as in the case of Lammas lands or commons.

217. For Lammas lands and commons, a general Warrant may be given in the following form:

Mr. E. F.

I hereby authorize you to seize and distrain any cattle or stock turned upon the Lammas lands or commons of the parish of in the county of

for such sum of money or rate per head as is chargeable thereon by virtue of the Commutation of the Tithes of the said parish, in case the same be not paid on such cattle or stock being first turned upon such lands or commons. And for your so doing, this shall be your sufficient Warrant and Indemnity. Dated this

day of

1849.

A. B.

218. In respect of cattle or stock turned upon Lammas lands or commons, the cattle being charged per head, and being liable to distress for the sum due in respect of such cattle, it would seem that each head of cattle must be distrained for its own liability, and not one of the cattle taken to answer the claim on several (see No. 76). In the case of

cattle damage feasant, it was held in Vasper v. Edwards, 1 Salk. 248. 12 Mod. 661, that if ten head of cattle were doing damage, a man cannot take one of them and keep it till he is satisfied for the whole damage, but for its own damage only.

SECTION VII.

Of the Mode of Distraining.

219. There is no prescribed form for making a distress, but if the person entitled to the rent make it personally, he is merely to take some article in the name of all the goods in the house, (2 Bradby Dis. 216.) or such as he intends to levy on. He may say, "I take this chair (or other article) in the name of all the goods on these premises, as a distress for £ due to me for Rent-Charge, on the 1st

last;" or if part of the goods, he may say, "I take such and such articles," &c.

The bailiff may make the distress in like manner, but stating that he makes it as the bailiff, or on behalf of the person entitled to the rent.

220. A seizure of some goods in the name of all the goods in the house is a good seizure of all. (Dod v. Morgan, 6. Mod. 215. 9 Vin. Abr. 127.) But if the goods are considerably more than sufficient to satisfy the arrears and costs, the party is liable to an action for an excessive distress.-Statute of Marlbridge, 52 Henry III. c. 4.

221. A very slight expression of intention to distrain is sufficient. Where a landlord said he would

not suffer a particular article, or any of the other things to go off the premises till his rent was paid, and then left the place, but the article being removed in the morning of the same day, he sent a broker to distrain, who brought the article back, it was held that the distress had been commenced by the landlord in the early part of the morning, and the broker was justified in bringing back the article. (Wood v. Nunn, 2 Moody & Payne, 27. 5 Bingham 10.) Also where a landlord's agent went on the premises, walked round them, and gave a written notice that he distrained the goods, and then went away, leaving no one in possession, it was held an actual seizure as between landlord and tenant in an action for an excessive distress, though it might be otherwise as against third persons. Swan v. Earl of Falmouth, 2 M. & R. 534.) Also where a landlord's broker went to the tenant's house and pressed for payment of rent with expenses of the levy, although in fact he made none, and the tenant paid the rent and expenses under protest, in an action for an excessive distress, it was held that the defendant could not say there was no actual distress.-Hutchins v. Scott, 2 M. & W. 809. A person having a claim for rent or RentCharge should, therefore, be cautious in his expressions on making or threatening a distress.

OF

CHAPTER VIII.

THE IMPOUNDING, NOTICE, APPRAISEMENT,
AND SALE OF THE DISTRESS.

SECTION I.

Of the Impounding of the Distress.

222. At the common law a man might have driven the distress into what county he pleased (2 Inst. 106); but by statute 52 Hen. III. c. 4, none shall cause any distress that he hath taken to be driven out of the county where it was taken: and the 3 Ed. I. c. 16, is to the same effect.

223. By 1 & 2 P. & M. c. 12. s. 1, for the avoiding of grievous vexations, exactions, trouble, and disorder in taking of distresses, and impounding of cattle, no distress of cattle shall be driven out of the hundred, rape, wapentake, or lathe where such distress is or shall be taken, except that it be to a pound overt within the same shire, not above three miles distant from the place where the said distress is taken; and that no cattle or other goods distrained or taken by way of distress, for any manner of cause at one time, shall be impounded in several places, whereby the owner or owners of such distress shall be constrained to sue several replevies for the delivery of the said distress so taken at one time, upon pain that every person offending contrary to this

Act shall forfeit to the party grieved for every such offence an hundred shillings, and treble damages.

224. And by sec. 2, no person or persons shall take for keeping in pound, impounding, or poundage of any manner of distress, above the sum of fourpence for any one whole distress that shall be so impounded; and where less hath been used, there to take less; upon the pain of five pounds to be paid to the party grieved, over and beside such money as he shall take above the sum of four-pence, any usage or prescription to the contrary notwithstanding.

225. But where land lying in two adjoining counties was held under one demise at one entire rent, and the landlord distrained cattle in both counties for the rent, it was decided that he might chase them all into one county; but if the counties had not adjoined, it would have been otherwise.-Walter v. Rumbal, 1 Ld. Raym. 53. 12 Mod. 76. 1 Salk. 247.

226. Under the Tithe Commutation Act the distress may be taken on the lands in the same parish, (that is, by sec. 12, district for the Commutation of Tithes,) held by the occupier as owner thereof, or under the same landlord (No. 109). If under this section, cattle are distrained in two counties, the impounding may therefore be in either; otherwise the cattle should be impounded in the county where taken.

227. Cattle may be impounded in a pound overt or public pound, or on the premises, where the owner may supply them with food. But if they are put in a pound covert, as in a house or private