becoming ripe, and of being cut, gathered, made, and laid up when ripe, was incidental.

236. By sec. 10 of the last-mentioned Act, reciting that great difficulties and inconveniences frequently arise to landlords and lessors and other persons taking distresses for rent, in removing the goods and chattels, or stock distrained off the premises, in cases where by law they may not be impounded and secured thereupon; and also to the tenants themselves many times, by the damage unavoidably done to such goods and chattels or stock, in the removal thereof; it is enacted, That it shall and may be lawful to and for any person or persons lawfully taking any distress for any kind of rent, to impound or otherwise secure the distress so made, of what nature or kind soever it may be, in such place, or on such part of the premises chargeable with the rent, as shall be most fit and convenient for the impounding and securing such distress; and to appraise, sell, and dispose of the same upon the premises, in like manner, and under the like directions and restraints to all intents and purposes, as any person taking a distress for rent might then do off the premises, by virtue of the Act of the 2 W. & M. (before stated, No. 229.) or of an Act of the 4 Geo. II. [which does not apply to the Rent-Charge]; and that it shall and may be lawful to and for any person or persons whatsoever, to come and go to and from such place, or part of the said premises, where any distress for rent shall be impounded and secured as aforesaid, in order to view, appraise, and buy, and also in order to carry off, or remove the same, on account of the purchaser

thereof; and that if any pound-breach or rescous shall be made of any goods and chattels, or stock distrained for rent, and impounded, or otherwise secured by virtue of this Act, the person or persons aggrieved thereby shall have the like remedy, as in cases of pound-breach, or rescous is given and provided by the said statute.

237. An open field is a pound sufficient at law in which to impound cattle for rent arrear.-Thomas v. Haines, 1 Scott. N. S. 524. Castleman v. Hicks, 1 C. & M. 266.

238. The cattle or thing distrained must not be worked or used by the distrainor although it be beneficial to the distress.-Cro. Eliz. 783.

239. Nor must the cattle be tied in the pound, but if the distress be lost by the act of God, as if it die in the pound without the distrainor's fault, the party may distrain again.— Vesper v. Edwards, 1 Salk. 248. 12 Mod. 662.

240. But the distrainor must see that the pound is in a proper state to receive the distress; otherwise he will be answerable if damage ensue.-Wilder v. Speer, 8 A. & E. 547.

241. By the 5 & 6 Wm. IV. c. 59, s. 4, every person who shall impound or confine any horse, ass, or other cattle or animal in any common pound, open pound, or close pound, or any inclosed place, is required to provide such horse, ass, or other cattle or animal daily, with good and sufficient food and nourishment, for so long a time as such horse, ass, or other cattle or animal shall remain impounded or confined, and such person is empowered to recover

from the owner or owners of such cattle or animal, not exceeding double the full value of the food and nourishment so supplied, by proceeding before any one Justice of the Peace within whose jurisdiction such cattle or animal shall have been impounded; or instead of such proceeding, he shall be at liberty, after the expiration of seven clear days from the time of impounding the same, to sell any such horse, ass, or other cattle or animal, openly at any public market (after having given three days' public printed notice thereof), for the most money that can be then got for the same, and to apply the produce in discharge of the value of the food and nourishment, and the expenses attending the sale, rendering the overplus, if any, to the owner of such cattle or animal.

242. By sec. 5, in case any horse, ass, or other cattle or animal, shall remain impounded or confined, without sufficient daily food or nourishment, more than twenty-four hours, it shall be lawful for any person or persons whomsoever, as often as shall be necessary, to enter into and upon any such common pound, open pound, or close pound, or other inclosed place, in which any such cattle or animal shall be so impounded or confined, and to supply such cattle or animal with such good and sufficient food and nourishment, during so long a time as such cattle or animal shall remain impounded or confined, without being liable to any action of trespass or other proceeding by any person or persons whomsoever by reason of any such entry.

243. A party distraining cattle and supplying them with food while impounded, may sell any one

or more of them, and apply the produce in discharge of the value of such food, and may repeat such sale from time to time as need requires.-Layton v. Hurry, 15 Law. J. N. S. Q. B. 244. 10 Jar. 616. 8 Q. B. 811.

244. It follows from the preceding statements that the Distress is to be impounded,—If cattle either in a public open pound within the hundred, rape, wapentake, or lathe, or in the county, within three miles from the place where the distress is taken, and the distrainor is to take care that the pound is in a suitable state; or on the premises; and he must supply them with sufficient daily food. If dry goods, he may secure them either in a house or covered building within the hundred, rape, wapentake, or lathe, or in the county, within three miles, or on some part of the premises. But as to sheaves or cocks of corn or hay, see No. 230; and as to growing crops,

233.

245. Where cattle or goods are secured on the premises, it is proper to leave a man in possession, as well to guard the distress as to give possession to the distrainor for the purpose of disposing of the distress.

246. When the goods are suffered to remain dispersed over different parts of the premises instead of securing them on some part of the premises, the express consent of the owner to their so remaining should be obtained, it being held in one case that otherwise the distrainer was liable to an action of trespass.-See Winterbourne v. Morgan, 11 East, 405.

SECTION II.

Of the Notice of Distress.

247. The Statute 2 Wm. & Mary, sess. 1. s. 5. s. 2, (No. 229.) requires notice of the distress with the cause of the taking to be left at the chief mansionhouse or other most notorious place on the premises charged with the rent. The notice must be in writing, and not left to parol evidence. (Wilson v. Nightingale, 15 Law. J. N. S. Q. B. 309. 10 Jur. 917. 8 Q. B. 1034, overruling Walker v. Rumball, 12 Mod. 76.) The statute requires it to state the cause of the distress, but it is not material to state when the rent becomes due. (Moss v. Gallimore, Doug. 279.) Under the Tithe Commutation Statute it is advisable strictly to comply with the statute.

248. The distrainor should be accompanied by a witness, and be prepared with two copies of the proper notice-one to be given to the occupier, either personally or left at the chief mansion-house, or other most notorious part of the premises charged with the rent, and the other to keep as evidence. The witness should make a memorandum on the notice kept of the service of the copy.

249. An inventory of the goods distrained should be made, in order that the tenant may know what articles are under distress, and the inventory should be underwritten or annexed to the notice.