Take notice, that by the authority of the Rev. A. B., I have distrained on the lands and premises numbered in the apportionment of the Rent-Charge of

the parish of

in the county of

the [cattle] goods, chattels, and effects, mentioned in the Inventory hereunder written, for the sum of being for arrears of RentCharge due to him as Rector of the said parish on the 1st day of October last, for the said lands and premises; and that unless the said arrears of Rent-Charge, with the costs of distress, be paid, or the said [cattle] goods, chattels, and effects replevied, within five days from the service hereof, I shall cause the said [cattle] goods, "chattels, and effects, to be appraised and sold, according to law.

The latter part of the notice "and that unless, &c." does not seem to be required by the Statute. (No. 229.)

If secured on part of the premises, add—

And take notice, that the said goods, chattels, and effects, are secured in a certain apartment, being the front room on the ground floor of the said premises.

Or, if cattle, say,

Secured in a certain stable, &c.

If the goods be removed, say—

And further, take notice, that the said cattle, goods, chattels, and effects are removed to, and impounded, at the common pound overt of the said parish, situate [or at my dwelling-house, Street,] in the parish,

1849.

situate No.

in

aforesaid.

Dated this

day of

G. H., Broker.

The Inventory above referred to:

In the dwelling-house-parlour, one table, &c.
In the home field-six cows, two calves, &c.

66

251. Some brokers add, “ And all the other effects on the premises, to satisfy the said sum and costs." Or, "So much of the other effects on the premises as will satisfy the said sum and costs." But these additions are objectionable, particularly the latter one, as the goods distrained ought to be identified, (1 Roll Abr. 666-7.) and the former may make the distress excessive, or include articles not distrainable at the time.

252. In selecting the articles of distress, the distrainor should be careful to take those only which are not exempt from distress, and which are the most adapted in value to meet the amount of the levy and costs, without making an excessive distress.

253. In the case of a distress under the Act of 2 W. & M., on corn or hay mentioned in the Statute, the same is not to be removed until replevied or sold. (No. 230.) The notice of distress may be of "corn, grain, [or hay], and effects mentioned in the Schedule hereunder written."

254. In the case of a distress on growing crops, notice is to be given as directed by the Statute.—See Nos. 233, 234.

To Mr.

255. Form of Notice of Distress on growing crops. and whom else it may concern. Take notice that by the authority of the Rev. A. B., I have distrained on the lands and premises numbered in the apportionment of the Rent-Charge of the parish of

the several

Inventory hereunder

being for arrears

growing crops mentioned in the written, for the sum of £ of Rent-Charge due to him as Rector of the said parish, on the 1st day of October last, for the said lands and premises, and that unless the whole Rent-Charge which shall be in arrear, with the costs and charges of such distress be sooner paid, I shall proceed to cut, gather, make, cure, carry, and lay up the same crops when ripe in some proper place, and in convenient time to appraise, sell, or otherwise dispose of the same towards satisfaction of the said Rent-Charge, and of the charges of the said distress, appraisement, and sale, pursuant to the statute. Dated, &c.

256. And when the growing crops are gathered and laid up, the following notice should be given, within one week after the lodging or depositing of them:

To Mr.

and whom else it may concern. Take notice that the several growing crops on which I made a distress, on the

instant], for £

day of

last [or

due to the Rev. A. B. for Rent-Charge, and of which you had notice, have been cut, gathered, and laid up in the barn [or some other proper place, describing it] on the premises. Dated, &c.

257. Or in case there be no barn, or proper place on the premises, then "in a certain barn belonging to Y. Z., situate and being in a certain field called [or other proper place, describing it], at in the county

of

in the parish of

SECTION III.

Of the Appraisement and Sale of the Distress.

258. At common law a distress could not be sold, but held merely as a pledge, and this is still the case as to distresses for damage feasant, or for suits or services.-3 Bl. Comm. 13.

259. But by the statute 2 & 3 Wm. & Mary, sess. 1. c. 5. s. 2, 3, (Nos. 229, 230.) the distress may be appraised and sold.

260. To justify an appraisement and sale, the statute expressly requires notice of the distress with the cause of the taking to be given.—See Nos. 229. 250.

261. Although the schedule to the statute 57 Geo. III. c. 93, applying to the costs of distresses for not exceeding 201. refers to the appraisement being made by one broker or more, yet it is necessary that there be two appraisers, unless the tenant consent to the employment of a single appraiser (Allen v. Flicker, 10 A. & E. 640. Bishop v. Bryant, 6 C. & P. 484. overruling Fletcher v. Saunders, 6 C. & P. 747. 1 M. & R. 375), in which at nisi prius it had been held otherwise. A tenant may consent to waive the appraisement.-Bishop v. Bryant, supra.

262. The appraisers must be disinterested in the distress. The broker distraining must not, therefore, act as one of them.-Westwood v. Corine, 1 Stark. 172. Lyon v. Weldon, 2 Bing. 337.

263. The appraisers are to be sworn before the sheriff or under-sheriff of the county, or (which is the general practice) the constable of the hundred,

parish, or place where the distress is taken, and not the constable of the hundred where the distress is impounded.

264. The constable who swears the appraisers must attend with them at the time of the appraisement, and must swear them before they make it.Kennet v. May, 2 Moo. & Mal. 56.

265. The five days allowed to the tenant must be five whole days, i. e. five times twenty-four hours. Where a distress was made on Friday at 2 P.M. and the sale was on the Wednesday following, at 11 A.m. the sale was held to have been made too early (Harper v. Taswell, 6 C. & P. 166). But where the distress was made on the morning of Saturday, and the sale in the afternoon of the following Thursday, it was held to be regular, because the five days expired in the morning of the latter day.-Wallace v. King, 1 H. Blac. 13.

266. A landlord may remain on the premises a reasonable time after the five days, for the purpose of selling the goods; but what is a reasonable time is a question for the jury (Pitt v. Shew, 4 B. & A. 206). But if he remains a longer time than necessary, without the tenant's consent, he becomes a trespasser.Griffin v. Scott, 2 Ld. Raymond, 1424. 2 Str. 717; Winterbourne v. Morgan, 11 East, 395.

267. The appraisement and sale must be confined to the goods originally taken under the distress, and included in the inventory, and not extend to goods subsequently discovered.-Bishop v. Bryant, 6 C. & P. 484.

268. The statute 11 Geo. II. c. 19. s. 10, authorizes