ed ed es h S ed le e e h the surface of the rectifying cistern, shown by two different sections in figs. 2 and 3. H, K, figs. 2 and 4, is the thermostat or heat-governor, shaped somewhat like a pair of tongs. Each leg is a compound bar, consisting of a flat bar or ruler of steel, and one of zinc alloy, riveted facewise together, having their edges up and down. The links at K are joined to the free ends of these compound bars, which receding by increase of temperature, and approaching by its decrease, act through a lever upon the stop-cock L, fixed to the pipe of a cold water reservoir, and are so adjusted by a screw-nut, that whenever the water in the bath-vessel G, G rises above the desired temperature, cold water will be admitted through the stop-cock L and pipe N into the bottom of the cistern, and will displace the over-heated water by the overflow pipe M. Thus a perfect equilibrium of caloric may be maintained, and alcoholic vapour of correspondent uniformity be transmitted to the refrigeratory. deserves peculiar remark, that the greatest distillation with the least fuel is here effected without any pressure in the alembic; for the passages are all pervious to the vapour, whereas, in almost every wash-still heretofore contrived for similar purposes, the spirituous vapours must force their way through successive layers of liquid, the total pressure from which causes undue elevation of temperature, obstruction to the process, and forcing of the junctures. Whatever supplementary refrigeration of the vapours in their passage through the bath may be deemed proper will be administered by the heat-governor. The bath regulated by the thermostat may however be used for obtaining fine spirits at one operation, without transmitting the wash or low wines down through its interior passages; in which case it becomes a simple rectifier. The empyreumatic taint which spirits are apt to contract from the action of the naked fire on the vegetable gluten in contact with the bottom of the still, is somewhat counteracted by Fig. 5 is the refrigeratory, consisting of a double tube, the rotation of chains in the large wash-stills; but it may placed in a zigzag direction, but in one plane, and supported be entirely prevented by placing the still in a bath of strong by the two upright beams. The alcoholic vapour enters at solution of muriate of lime RR, fig. 1, regulated by a therthe orifice K, and descends along the inner tube marked mometer or, still better, a thermostat. Thus a safe and by dotted lines till it becomes condensed by the counter-effectual temperature of from 270° to 290° Fahr. may reacurrent of water continually ascending in the annular space dily be obtained. For further details, see the specification between that block-tin or copper tube, and the outer cast- of Dr. Ure's patent still. iron pipe F. The water of condensation enters into that annular space at the point G, being supplied by the pipe D, and the nose of the stop-cock L. The funnel into which the cold water is poured must be somewhat higher than the point K, from which that water is discharged, after having been heated to the same temperature as that of the alcoholic vapour last exposed to its influence. motion. When water has its particles kept by any means at The preceding still apparatus is worked as follows: into By diffusing the cool wash or wine in a thin film over such an ample range of surfaces, the constant tendency of the bath to exceed the proper limit of temperature is counteracted to the utmost without waste of time or fuel; for the wash itself in transitu becomes boiling hot, and experiences a powerful steam distillation. Thus also a very moderate influx of water through the thermostat stop cock suffices to temper the bath; such an extensive vaporization of the wash producing a far more refrigerant influence than its simple heating to the boiling point. It The quantity of proof spirit which paid duty in 1836 was twenty-seven millions of gallons, thirteen millions of which were made in Great Britain, and fourteen millions in Ireland. Of the latter, a considerable quantity was imported into this island. The manufacture of whiskey does not seem to have been diminished in this country as it has been in the United States by the influence of the temperance societies. In 1832 20,778,521 gallons paid excise duty 1834 23,397,806 1836 27,137,000 showing an increase which is far out of proportion with that of the population. We may add to the last quantity three millions of gallons on the score of smuggling, in licensed and illicit distilleries; making thirty millions to be the real amount of whiskey consumed by our population of twenty-four millions. [BRANDY, GIN, RUM, THERMOSTAT, WHISKEY] DISTORTION. Deformity of the person may be advantageously classed for the purpose of discussion under two principal heads: malformation and distortion. The former is, for the most part, congenital, and is usually characterized by the deficiency or redundancy of parts, or by imperfections and irregularities of structure. The latter, arising generally after birth, comprises all permanent deviations from the natural shape or position which are effected by the influence of external or internal force in parts originally soft and flexible, or such as have acquired unnatural pliancy by accident or disease. It is to the latter class of deformities only that our attention is for the present directed. But even thus limited, the subject is so extensive that we must once for all refer the reader for more precise information on several of its most interesting subdivisions to other professional works. I. Every part of the body capable of independent motion is furnished with two sets of muscles, acting in contrary directions, the purpose of which is obviously to bring the part back to its place after movement in either direction. In the position of equilibrium these muscles are not in a state of absolute relaxation even during sleep; on the contrary, they continue to act with considerable energy, each exactly counterbalancing the other. This is called their tone or tension, and it is calculated to give great steadiness to the part thus held at rest between opposite forces. But if one set of the muscles should be suddenly cut across, the tension of their antagonists still remaining in action, the consequence would be a movement in obedience to the latter till the contraction had reached its limit; and the part in question would permanently retain the position into which it had thus been moved. The same effect would result if the muscle, instead of being divided, were paralyzed by the interruption of its nervous communication with the brain. Again, if the tone of one muscle were increased by spasm or otherwise, so as to give it a decided preponderance over its antagonist, the result would be similar. These conside rations will sufficiently explain the nature of one large clas of distortions, namely, those which result from affections of the brain, muscles, and nerves. E2 1. The simplest of these is the drawn mouth, or hemiplegia. It arises in this way: in consequence of an extravasation of blood or some other cause, the functions of one side of the brain are interrupted; the muscles of the cheek on the same side, deriving their nerves from that part of the brain, are paralyzed, and the retractors of the opposite angle of the mouth being no longer balanced by an equal force, draw it up towards their origin, and retain it in that position. 2. Strabismus, or squinting, is frequently produced in the same way by a partial paralysis of that muscle the office of which is to turn the globe of the eye in the opposite direction, or it may arise from undue contraction of the muscle on the same side. 3. It is remarkable that hysteria is sometimes accompanied by a distortion of the last-mentioned kind, produced by a spasmodic contraction of the flexor muscles of one of the joints, commonly the knee or hip. For months or years this painful condition may last without mitigation: yet it may vanish all at once under the influence of some powerful impression of the body or mind. The entire loss of the voice, which sometimes comes on suddenly in similar constitutions, and after long resisting every remedy, as suddenly departs, is probably an analogous affection of the muscles of the larynx. 4. Wry-neck is a distortion also due to irregular muscular action. It generally comes on gradually in infancy, and consists in a shortened and contracted state of the sterno-mastoid muscle, of that side to which the head is inclined and from which the face is turned. Club-foot is often nothing more than a similar contraction of the muscles of the calf, which draw up the heel and eventually disturb the integrity of the ankle joint. This complaint also comes on at an early age, and is sometimes congenital. By proper means they both admit of relief, and often of a cure. The list of distortions depending on a morbid condition of the muscular or nervous functions might easily be extended. II. But by far the most common and important class of the-e affections is that which originates in disease of the bones. 1. The firmness and rigidity of the bones depends upon the due proportion of the earthy matter, phosphate of lime, that enters into their composition. If the proportion of this ingredient be too great, as in old age, and in the disease called fragilitas ossium, they become brittle, and are broken by the slightest causes; if it be too small, they become unnaturally pliant, and are distorted by the pressure of the superincumbent weight, or the contraction of the muscles. The latter condition is prevalent with other structural changes in the disorder called rickets. The medical name of this complaint is rachitis (from páxiç, the spine), and was given to it by Glisson, who first described it, partly because he conceived the vertebrae to be the bones most commonly implicated; but chiefly, it would appear, from the resemblance to the English name. His doctrine was erroneous; and the error perpetuated by the misnomer has led to serious mistakes in practice as well as theory. The spine is undoubtedly liable to partake with the rest of the skeleton in the morbid condition of rickets, but certainly not in a greater degree than the other bones. This malady seldom appears within the ordinary period of lactation, or after puberty. It is ushered in and attended throughout by general febrile disturbance, and is closely connected with a peculiar morbid condition of the nutritive functions. The opinion that it is of scrofulous origin has lately been strongly controverted, and does not in reality appear to be well supported by facts. It is most common among the poor, and in closely-peopled districts, as all the diseases of children are; but it is by no means confined to either, or to children whose constitutions are apparently the most feeble in other respects. Indeed it is a frequent remark, that the most robust and powerful men exhibit tokens of having been rickety in their childhood. Among such indications are smallness of the pelvis, with inward or outward curvature and disproportionate shortness of the lower limbs. This sudden check to the development of the skeleton, constantly observed in rickety children, with the distortion arising from the unnatural softness of the bones, is the most usual cause of the short stature, as well as the proverbial ugliness, of dwarfs. In extreme cases of this complaint the head is generally small and pointed: no longer supported by the yielding and shortened neck, it sinks down between the shoulders; the occiput is thrown back and almost touches the hump formed by the incurvated spine behind the chest: the chin is thrust forward, giving an expression to the features very characteristic of the dwarf, and rests upon the breast bone, which is very prominent: on each side the ribs are flattened, and bulge in upon the lungs. The shoulders, losing the support of the wreathed and twisted clavicles, approach towards each other in front, drawing with them the scapula, which stick out laterally, and add considerably to the deformity as seen from behind; the arms, though bent and in reality shortened, seem of disproportionate length; the lumbar spine is thrust inwards; the pelvis is small and flattened; the thighs are bowed forward; the knees, with their patellæ at the side instead of in front of the joint, touch or overlap each other; while the feet are set wide apart, a sudden twist above the ankle still permitting the soles to be set to the ground. Such are some of the varied changes which exhibit a melancholy proof of the prevalence of the disease in every part of the bony frame, and almost defy description. Of course such extreme cases of rickety distortion are comparatively rare; yet almost daily instances are seen by those whose duty calls them into the unwholesome courts and alleys of the metropolis, and slighter examples of the affection are extremely common. Recovery, even from considerable degrees of this affection, is more frequent and rapid than might be imagined; but the pelvis and lower limbs, which, as above mentioned, are the most commonly and extensively implicated, seldom completely regain their natural proportions. This fact, as it regards the female pelvis, is worthy of notice, being the cause of by far the most dangerous kind of difficult parturition. It is in extreme cases of this sort that the Cæsarean section has been practised. Independently of rickety distortion, there are two other kinds of curvature of the spinal column which demand a brief notice. The first, which has frequently been mistaken for rachitis, is usually called lateral curvature, to distinguish it from the more serious kind of distortion next to be considered, which is called angular curvature. 2. Unlike rickets, which almost always commence in in fancy or early childhood, lateral curvature of the spine seldom appears before the tenth year. The external deformity consists in the prominence of one hip (generally the right), and elevation of the corresponding shoulder, the blade of which sticks out in unsightly protuberance behind. The opposite hip and shoulder are respectively flattened and depressed; and the symmetry of the chest is destroyed, one side being larger than the other, and both twisted and misshapen. On examination the spine is found to have a double curvature sideways so as to resemble the letter S, but generally turned the other way, the concavity of the lower curve being on the right, and the upper on the left side. It arises from weakness in the spinal muscles and local elongations of the ligaments of the vertebræ, from the habit of resting the weight in sitting or standing more on one side than the other; and that side is usually the right. The position is more easy than the upright one, and when not corrected by fitting exercise and change in the nature of the employment, it becomes habitual, and the twist of the person permanent and increasing. The subjects of this kind of distortion are chiefly slender and delicate girls in the middle and upper classes, the poor being comparatively exempt. It comes on insidiously, the attention not being awakened by any particular derangement of the health beyond a certain degree of languor and susceptibility of fatigue, and perhaps a sluggish state of the digestion. The first symptom that betrays its presence is usually a tendency of the dress to slip off the left shoulder. It is much promoted by means often used to prevent it, such as confinement and restraint of the person and posture by stays, backboards, high-backed chairs, reclining on a board, and other contrivances to improve the figure, and restrain the development of the natural form; as well as by the sedentary habits and inappropriate exercises of the academy or school-room. Nature is not to be coerced with impu nity by fantastic caprices and contrivances: a good figure as well as good health must be found, if anywhere, in the open air of the fields, in loose and easy clothing, and in unconstrained exercise of the limbs, such as children will always adopt, if left to choose for themselves, in ways much better suited to their age and strength than any that can be invented for them. 3. Angular curvature of the spine is a deformity ve.y the chin ures very east bone, 6 are flat rs, losing approach the scaly to the Dent and gth; the and flatth their ouch or apart, a soles to and more efficacious means of dealing with it have been introduced; and in certain cases a sale of the property taken by way of distress is allowed, if, after a certain interval, the party distrained upon continues to be unwilling or unable to do the act required. different in its nature and appearance from the last described. It arises for the most part from ulceration of a scrofulous kind in the bodies of the vertebra. The support in front being thus lost, the spine is sharply bent forwards so that one or more of the spinous processes project behind, indicating the position of the diseased vertebræ. Distresses are either for some duty omitted, some default This complaint is attended with incomplete paralysis of the or nonfeasance, or they are in respect of some wrongful act lower extremities, and is not unfrequently fatal. In case of done by the distrainee. recovery the bodies of the contiguous vertebræ are approx- I. As to distresses for omissions, defaults, or nonfeasance. imated and consolidated with what remains of those which-These may be grounded upon noncompliance with some were diseased by the deposition of bony matter. It is in judicial requirements, or they may be made by private indithis species of spinal complaint only that rest and the recum-viduals in vindication of certain rights, for the withholding bent posture are expedient. The observance of these essen- of which the law has entrusted them with this remedy. tial precautions concurrently with other means frequently The process out of courts of record ordering such disbrings about a cure; the distortion however is permanent. tresses to be made is called a writ of distringas, which, when Diseases of a similar kind frequently occur in the bones legal proceedings were in Latin, was the word used to direct and joints of other parts of the body; they require similar the sheriff or other officer to make the distress. treatment, and are followed by analogous consolidations and distortions. 4. Rheumatism, and other disorders, and even common inflammations, occurring in a high degree within the joints or in their neighbourhood, occasionally produce like effects. III. Distortions are sometimes occasioned by the contraction of other parts than those which are concerned in motion. 1. Such are those of the fingers which arise from chronic Inflammation and permanent contraction of the palmar aponeurosis, or fascia, a strong inelastic and fibrous membrane attached to the projecting points of bone, and stretched beneath the skin of the palm for the protection of the nerves and other soft parts during the act of forcible grasping. There is a similar aponeurosis in the sole of the foot, which is subject, but not so frequently, to the same shortening. Under this division may be also classed those distortions which arise from burns and other extensive destructions and ulcerations of the skin, in consequence of the contraction of the scar in the process of healing. When these injuries take place in the front of the neck and face, the re-ul ing deformity is sometimes frightful. The space between the chin and the breast is filled up by a tense discoloured and corrugatel cicatrix, which bows the head forward and draws down the features so as to expose the inner surface of the lower eyelid and keep the mouth constantly open. When they occur in the flexures of the joints, as in front of the elbow, the cicatrix extends in the form of a hard and rigid web between the humerus and fore-arm, the joint being permanently bent. Such deformities may some times be partly removed by an operation; but it is extremely painful, and often unsuccessful. 2. A slight injury of the face below the eye, or the simple contraction from soine other cause of the skin of that part may produce the deformity called ectropium, or eversion of the lower lid; and the opposi e state of inversion (entropium, or trichiasis) may result from a similar contraction of the edge of the eyelid itself. Severe inflammation, and even blindness, may be the consequence of the latter affection from the friction of the lashes against the globe. Both of these deformities may be remedied by a slight operation. IV. Another class of distortions may arise from external DISTRESS, 'districtio,' in the jurisprudence of the Some rights to which the law annexes the remedy by Another class of judicial distresses is where, upon refusal or omission to pay a sum in which a party is convicted upon a summary proceeding before justices of the peace, such justices are empowered to grant a warrant authorizing and directing the levying of the amount by distress and sale of the goods of the offender. Another species of judicial distress is that awarded and issued upon a judgment recovered in an inferior court, not of record. In these cases the execution or remedy for obtaining payment of the sum recovered is by distress. A precept issues to the officer of the court, commanding him to take the goods of the party, and to impound them until he satisfies the debt. Such process issues at the command of the sheriff or of the lord of the manor, &c., in whose name and by whose authority the courts are holden. So a distress lies, subject to certain restrictions, for fines and amercements imposed in the sheriff's tourn and in a court-leet. [LEET; TOURN.] A penalty inflicted for the breach of a bye-law [BYE LAW] may be levied by distress, in cases where that remedy is appointed at the time of the making of the particular bye-law. But a bye-law establishing a distress cannot authorize the sale of the distress. Another species of judicial distress is a distress taken for poor-rates. [POOR.] In the foregoing cases the right or duty withheld has been ascertained by some judicial determination before a distress can be resorted to. But many payments and duties having their origin in feudal rights, may be enforced by distresses taken by the sole authority of the parties claiming such payments or duties. The rights, of which the vindication is thus in the first instance entrusted to the parties themselves, are connected immediately or mediately with feudal superiority; and it is observable that to feudal superiority, jurisdiction and magisterial authority were always incident. Among the feudal duties which may be enforced by distress, at the mere will of the party claiming to be entitled to such duties, one which though seldom exacted, is still of the most extensive obligation, is fealty. Fealty is a promise confirmed by an oath, to be faithful in the performance of those engagements into which the party doing the fealty (as the act of taking the oath is termed) has expressly or impliedly entered upon becoming tenant to the party receiving the fealty. A distress also lies for suit of court, secta ad curiam, or the attendance which freehold tenants owe to their lord's court-baron, or freeholders'-court, and which tenants in villenage or copyholders owe to the lord's customary court; and it is not unusual for lessees for years to covenant to attend the lord's courts, though unless they also fill the situation of freeholders of the manor, they are not qualified to sit as suitors and judges in the court baron; and unless they are copyholders they cannot be sworn upon the homage or jury in the customary court. This suit is sometimes called suitservice, to distinguish it from suit real, which is that suit of court which the resiants, or those who dwell within a hundred or a leet, owe to the sheriff's tourn or to the courtleet. [LEET; SUIT.] A distress lies for suit of mill (secta ad molendinum), an obligation, still existing in some manors, to grind at the lord's mill. So for frankfoldage, or a right in the lord to require his tenants to fold their sheep upon his lands. So, if land be holden by the tenure of repairing a bridge, tress (by which term the thing taken is also designated), or a highway, or of doing suit to a leet, or filling some office within the leet, a distress will lie for nonperformance of the service, although no fine or amercement may have been imposed in the court leet. The most important feudal duty for which a distress may be taken is rent. Rent, in its original and still most usual form, is a payment rendered by the tenant to his landlord as an equivalent or a compensation for the occupation of land, &c. Such rent is denominated rent-service. It comes in lieu of, and represents the profits of the land granted or demised, and is therefore said to issue out of the land. To rent-service the law annexes the power of distress, although there be no agreement between the parties creating that remedy. But a rent reserved upon a grant or demise ceases to be a rent-service if it be disannexed from the ultimate property in the land, called in some cases the reversion, in others, the right of reverter. Thus, if the owner of land in fee demises it for a term of years, reserving rent, and afterwards assigns the rent to a stranger, retaining the reversion, or grants the reversion, retaining the rent, the rent being disconnected from the reversion is considered as a branch severed from the trunk, and is called a dry rent or rentseck, to which the common law annexed no power of distress. So, if the owner of the land, without parting with the land, grants to another a rent out of the land, the grantee having no reversion had only a rent-seck, unless the grant expressly created a power of distress, in which case the rent would be a rent-charge. But now, by statute 4 Geo. II. c. 28, s. 5, the like remedy by distress is given in cases of rent-seck, as in the case of rent reserved upon lease. And as all rents, though distinguished by a variety of names derived from some particular circumstance attached to them, are resolvable into rent-service, rent-seck, or rentcharge, a distress lies at this day for every species of rent, though a practical difference still subsists as to the mode of dealing with distresses taken for the one or for the other. As to the several species of rent, and as to the creation, transfer, apportionment, suspension, and extinction of rents, and as to the estate or interest of the party necessary to support a distress for rent, and as to the cases in which this remedy may be exercised by the personal representatives of such parties, see RENT. A heriot appears to have been originally a voluntary gift by the dying vassal to his chieftain or lord (herr, herus) of his best horse or armour. It has now become a legal liability to deliver the best animal of the deceased tenant to be selected by the lord, or sometimes a dead chattel or a commutation in money. Where heriot is due by usage within a particular district, in respect of all tenants dying within that district, without reference to the property held, it is heriot-custom; and as there is no particular land charged with the heriot, the lord cannot distrain, but may seize the heriot as his own property, his election being determined by the bare act of seizure. But heriot due in respect of the estate of the tenant in the land is heriot-service; and for this the lord may either distrain upon the land to compel the tenant to deliver or procure the delivery of the heriot due upon the death of his predecessor, or he may choose for himself, and seize the heriot as his own property (the right of property vesting here also upon the election exercised and signified by the seizure). As heriot is something rendered upon the death of a tenant, so relief is a payment made by the heir upon the taking up (relevatio) by him of the inheritance. Strictly speaking, relief was payable in those cases only where the tenure was by knight's service. But the name was afterwards extended to a payment in the nature of a relief made by the heir in socage, by doubling the rent for the first year after the descent of the land,-in other words by paying one year's additional rent. For this payment a distress lies. Toll is a charge or impost upon goods in respect of some benefit conferred or right forborne with relation to those goods, by the party claiming such toll. property chargeable therewith, may be seized and detained as a pledge for the payment of such toll. II. Distress for damage-feasant.-Besides distresses for omissions, defaults, or nonfeasance, this remedy is given in certain cases as a mode of obtaining reparation for some wrong done by the distrainee. Cattle or dead chattels may be taken and detained to compel the payment of a reasonable sum of money by way of satisfaction for the injury sustained from such cattle or dead chattels being wrongfully upon property in the occupation of the party taking them, and doing damage there, either by acts of spoliation or merely by incumbering such property. This is called a distress of things taken damage-feasant (doing damage). The occupier of land, &c., is allowed not only to defend himself from injury by driving out or removing the cattle, &c., but also to detain the thing which did the injury till compensation be made for the trespass; for otherwise he might never find the person who had occasioned the trespass. Upon referring to Spelman and Ducange, it will be seen that a similar practice obtained on the continent amongst the Angli, Werini, Ripuarii, and Burgundians. The right to distrain damage-feasant is given to all persons having an immediate possessory interest in the soil or in its produce, and whose rights are therefore invaded by such wrongful intrusion. Thus, not only the occupier of the land trespassed upon, but other persons entitled to share in the present use of the land or of the produce, as commoners, &c., may distrain. But though a commoner may always distrain the cattle, &c., of a stranger found upon the common, it would seem that he cannot, unless authorized by a special custom, distrain the cattle, &c., of the person having the actual possession of the soil Nor can he distrain the cattle of another commoner who has stocked beyond his proportion, unless the common be stinted, i. e. unless the proportion be limited to a certain number. In the more ordinary case of rights of common in respect of all the cattle which the commoner's enclosed land can support during the winter, cattle exceeding the proportion cannot be distrained. Cattle found trespassing may be distrained damagefeasant, although they have come upon the land without the knowledge of their owner and even through the wrongful act of a stranger. But if they are there by the default of the occupier of the land, as by his neglecting to repair his fences, or to shut his gates against a road or a close ra which the cattle lawfully were, such negligent occupier cannot distrain unless the owner of the cattle suffer them to remain on the land after notice and time given to him to remove them; and if cattle trespass on one day and go off before they are distrained, and are taken trespassing on the same land on another day, they can be detained only for the damage done upon the second day. Cattle, if once off the land upon which they have trespassed, though driven off for the purpose of eluding a distress, cannot be taken even upon immediate pursuit. The occupier is left to his remedy by action. III. What may be distrained.-Not only cattle and dead chattels, but wild animals in which no person has any property may be distrained damage-feasant. In distresses for rent and other duties, that which is taken must be something in which a valuable property may exist. But animals of a wild nature, if reclaimed and become valuable (as deer kept in a private park), may be distrained. Whether animals reclaimed for the purpose of pleasure only can be distrained appears to admit of doubt. Lord Coke mentions dogs among the animals upon which no distress can be taken; but in the old work called the Mirror, to which he refers, the restriction would appear to be confined to cases where other distress could be taken. Fixtures and growing crops not being personal chattels were not at common law subject to distress. But it would appear that those fixtures which are removable, as between landlord and tenant, would be also liable to be taken as a distress; and by 11 Geo. II. c. 19, s. 8, distress for rent-service may be made of all sorts of corn and grass, hops, roots, fruit, pulse, or other product whatsoever growing in any part of the land demised. Tolls of fairs or markets are a duty payable to the owners of the fair or market as a compensation for the mischief done to the soil by the holding of such fair or market. Toll-traverse is a compensation paid in some cases to the owner of the soil in respect of the transit or passage of goods. Toll-thorough is a toll for the transit of goods along a By the common law nothing could be distrained upon street or highway repaired by the party claiming the toll. for rent or other duty that could not be restored in as good Port-tolls, more commonly called port-duties, are tolls pay-plight as at the time of the distress being taken; and able in respect of vessels coming to or sailing from a port or a wharf of which the parties claiming the tolls, or those from whom they derive their title to such tolls, are the owners. In all these cases if the toll be withheld, any part of the therefore fruit, milk, and other matters of a perishable nature could not be distrained, nor money unless in a bag, because the identical pieces could not be known so as to ba restored to the distrainee; nor could grain or flour be taken if out of the sack, or hay not being in a barn, or corn in Where a stranger's cattle are found upon the tenant's Things necessary for the carrying on of trade, as tools and utensils, or for the maintenance of tillage, as implements of husbandry, beasts of the plough, and sheep as requisite to manure the land, are privileged from distress whilst other sufficient distress can be found. But this rule does not extend to a distress for a toll or duty arising in respect of the thing taken as a distress, or of things connected with it; as a distress of two sheep for market-toll claimed in respect of the whole flock, or of the anchor of a ship for port-duty due in respect of such ship. For the protection of tradesmen and their employers in the necessary transactions of society, property of which the distrainee has obtained the possession with a view to some service to be performed upon it by him in the way of his trade, is absolutely privileged from distress; as a horse standing in a smith's shop to be shod, or put up at an inn, or cloth sent to a tailor's shop to be made into clothes, or corn sent to a mill or market to be ground or sold. The goods of a guest at an inn are privileged from distress; but this exemption does not extend to the case of a chariot standing in the coach-house of a livery-stable keeper; nor does it protect goods on other premises belonging to the inn but at a distance from it; and even within the inn itself the exemption does not extend to the goods of a person dwelling there as a tenant rather than a guest. Goods in the hands of a factor for sale are privileged from distress; so goods consigned for sale, landed at a wharf, and placed in the wharfinger's warehouse. Beasts of the plough may be distrained where no other distress can be found. And it is sufficient if the distrainor use diligence to find some other distress. A distress is not said to be found unless it be accessible to the party entitled to distrain, the doors of the house being open, or the gates of the fields unlocked. Beasts of the plough may be distrained upon where the only other sufficient distress consists of growing crops, which though now subjected to distress, are not, as they cannot be sold until ripe, immediately available to the landlord. A temporary privilege from distress arises when the chattel is in actual use, as an axe with which a man is cutting wood, or a horse on which a man is riding. Implements in trade, as frames for knitting, weaving, &c., are absolutely privileged from distress whilst they are in actual use, otherwise they may be distrained upon if no other sufficient distress can be found. whom the rent is due shall be allowed to come in as a creditor for the overplus of the rent due, and for which the distress shall not be available. Where a tenancy for life or at will is determined by death or by the act of the landlord, the tenant, or his personal representatives, may reap the corn sown before such determination, and therefore such corn though sold to a third person, cannot be distrained upon for rent due from a subsequent tenant. [EMBLEMENTS.] Neither the goods of the tenant nor those of a stranger can be distrained upon for rent if they are already in the custody of the law, as if they have been taken damagefeasant, or under process of execution. But although the landlord cannot distrain, yet by 8 Ann. c. 14, he has a lien or privilege upon the goods of his tenant taken in exccution for one year's rent. [EXECUTION.] IV. Time of making a distress. - Rent is not due until the last moment of the day on which it is made payable. No distress therefore can be taken for it until the following day. And as a continuing relation of landlord and tenant is necessary to support a distress for rent-service, there could at common law be no distress for rent becoming due on the last day of the term. But now, by 8 Ann. c. 14, s. 6 and 7, any persons having rent in arrear upon leases for lives, for years, or at will, may, after the determination of such lease, distrain for the arrears, provided that such distress be made within six calendar months after the determination of the lease and during the continuance of the landlord's title or interest, and the possession of the tenant from whom such arrears are due. If the possession of the tenant continue in fact, it is immaterial whether that possession be wrongful and adverse, or whether it continues by the permission of the landlord; and if a part only of the land remain in the possession of the tenant, or of any person deriving his possession from the tenant, a distress for the whole of the arrears may be taken in such part during the six months. Where a tenant is entitled by the terms of his lease, or by the custom of the country, to hold over part of the land or buildings for a period extending beyond the nominal term, the original tenancy will be considered as continuing with reference to the land, &c. so retained, and the landlord may distrain at common law for the arrears during such extended period in the lands, &c. so held over, and he may distrain under the statute during six months after such partial right of possession has entirely ceased. When different portions of rent are in arrear the landlord may distrain for one or more of those portions, without losing his right to take a subsequent distress for the residue; so, although the first distress be for the rent iast due. But if there be a sufficient distress to be found upon the premises, the landlord cannot divide a rent accruing at one time into parts, and distrain first for a part and afterwards for the residue. If however he distrain for the entire rent, but from mistaking the value of the goods takes an insufficient distress, it seems that a second distress for the deficiency will be lawful although there were sufficient goods on the premises to have answered the whole demand at the time of the first taking; and it is clear that he may take such second distress upon goods which have come upon the premises subsequently to the first taking, if in the first instance he distrain all the goods then found thereon and for the entire rent, the amount of which exceeds the value of the goods first taken. A distress for rent or other duties or services can be taken only between sunrise and sunset; but cattle or goods found, damage-feasant may be distrained at any time of the day or night. By the common law the remedy by distress was in general not invalidate a distress for the rent, rate, or taxes of a No distress can be taken for more than six years' arrears |