goods (x). So the party distraining may climb over a fence to gain access to the house by an open door (y), and may open an outer-door which is fastened to keep the door shut, and not to keep people out, if he use the ordinary means, as lifting the latch, withdrawing a bolt, or turning a key; or he may enter through an open window (*). Where a room occupied by the landlord was over a mill demised to the tenant, and there being no ceiling the landlord entered through the floor by raising the boards, it was held a lawful entry (a). Where a distress has been lawfully begun, but there is an interruption not amounting to an abandonment, an outer-door may be broken open in order to continue the distress (b). So also in order to get out and remove the distress (c). Where it is necessary, a police officer may be called in (d). In order that the tenant may know what goods the landlord intends to distrain, the party distraining must make an inventory of as many goods as are sufficient to cover the rent distrained for, and the expenses of the distress and the inventory should not be vague and uncertain (e). Notice of the distress having been made, and of the time when the goods will be appraised and sold (x) Browning v. Dann, Bull. N. P. 81, Co. Litt. 161 a. (y) Eldridge v. Stacey, 15 C. B. N.S. 458. (z) Ryan v. Shilcock, 7 Exch. 72, 21 L. J. Ex. 55; Nixon v. Freeman, 5 H. & N. 647, 653. (a) Gould v. Bradstock, 4 Taunt. 562 (b) See supra, p. 206. Bannister v. Hyde, (c) Pugh v. Griffiths, 7 A. & E. 827. (d) Skidmore v. Booth, 6 C. & P. 777. (e) See Wakeman v. Lindsay, 14 Q. B. 625. unless replevied or the rent or charges satisfied, should be given; and it is convenient to write such notice at the bottom of the inventory (f). The notice should state the amount of rent due (g). It must be served with a true copy of the inventory on the tenant, or left at the house or other most notorious place charged with the rent (h). The place to which the goods are removed must be mentioned in the notice (i). The notice, unless personal, must be in writing (j). It must not be vague and uncertain as to the goods distrained (k). A defect or want of notice does not render the distress illegal, but makes it irregular to proceed to sell (7). The notice need not state when the rent became due, nor the amount (m). Any defect in the notice is generally immaterial, for a man may distrain for one cause and avow or justify for another (n). It frequently happens that when a distress is commenced, the tenant makes a tender of the rent in arrear. The common-law rule upon this subject is thus laid down by Lord Coke, in the Six Carpenters' (f) Lyon v. Tomkies, 1 M. & W. 606, 2 W. & M. sess. 1, c. 5, s. 2. (g) Taylor v. Henniker, 12 A. & E. 488. (h) 2 W. & M. c. 5, s. 2. (i) 11 Geo. II. c. 19, s. 9. (j) Wilson v. Nightingale, 8 Q. B. 1034; Walter v. Rumball, 1 Lord Raymond, 53. (k) Kerby v. Harding, 6 Exch. 234, 20 L. J. Ex. 163; Wakeman v. Lindsey, 14 Q. B. 625. (1) Trent v. Hunt, 9 Exch. 14; Lucas v. Tarleton, 3 H. & N. 116; Wilson v. Nightingale, supra; (m) Moss v. Gallimore, 1 Doug. 279, 1 Smith's L. C. 5th edit. 542; Tancred v. Leyland, 16 Q. B. 669. (n) Crowther v. Ramsbottom, 7 T. R. 654; Etherton v. Popplewell, 1 East. 139; Wootley v. Gregory, 2 J. & J. 536; Trent v. Hunt, 9 Exch. 14, 22 Exch. 318; Phillips v. Whitsed. 2 E. & E. 804, 29 L. J. Q. B. 164. case (o):-"Tender upon the land, before the distress, makes the distress tortious; tender after the distress, and before the impounding, makes the detainer, and not the taking, wrongful. Tender after the impounding makes neither the one nor the other wrongful, for then it comes too late, because then the case is put to the trial of the law to be there determined." If, however, the tender is made within the five days allowed by the statute (p) for the tenant to replevy, a special action on the case may be maintained against the landlord, if he proceed to sell the distress, although the goods were impounded before tender (q). A tender of the rent without expenses after a warrant of distress has been delivered to the broker, is a good tender (r). Whether the distress be "impounded" before the tender or not, is a question depending on the circumstances of the case (s). A tender may be made to the landlord himself, even where he has placed the matter in his broker's hands (t). So it may be made to any agent of the landlord having authority to receive the rent (u). But a tender to a man who is merely in possession is bad (v). The tenant must tender the full amount of the rent due, except actual or constructive payments on account of rent (w). He must also tender a sufficient sum for corn v. Hoffman, 9 M. & W. 618. (t) Smith v. Goodwin, 4 B. & Ad. 413. (u) Bennett v. Bayes, 5 H. & N. 391, 29 L. J. Ex. 224; Hatch v. Hale, 15 Q. B. 10; Brown v. Powell, 4 Bing. 230. (v) Boulton v. Reynolds, 2 E. & E. 369, 29 L. J. Q. B. 11; Pilkington v. Hootings, Cro. Eliz. 813. (w) See ante, Deductions, p. 163. the lawful expenses of the distress (x). The tender must be made unconditionally (y). (g.) WHAT TO BE DONE WITH IT. done with it. As soon as the distress (z) is made, the landlord or What to be his agent must impound the goods in a pound (a) suitable to the nature of the distress. Thus, if the articles distrained are of a perishable nature, the landlord should secure them in a pound covert or weather-proof; if they are cattle, in an open pound (6). At common law, if the distrainer put the cattle distrained into a public pound, they lay there at the tenant's risk, and if they starved, the distrainer was not answerable (c). By 12 & 13 Vict., c. 92, s. 5, "Every person who shall impound or confine, or cause to be impounded or confined, in any pound or receptacle of the like nature any animal, shall provide and supply, during such confinement, a sufficient quantity of fit and wholesome food and water to such animal; and every such person who shall refuse or neglect to provide and supply such animal with such food and water as aforesaid, shall, for every such offence, forfeit and pay a penalty of twenty shillings." (x) See infra, pp. 217, 219. (y) Finch v. Miller, 5 C. B. 428; Bowen v. Owen, 11 Q. B. 130; Bull v. Parker, 2 Dow. N.S. 345; Manning v. Lunn, 2 C. & K. 13; Jennings v. Major, 8 C. & P. 61; Foord v. Noll, 2 Dow. N.S. 617; Laing v. Meandor, 1 C. & P. 257. (z) At common law the distress was only a pledge for the rent in arrear, and the landlord was entitled to keep it as a se curity until his rent was satisfied. (a) Co. Litt. 47 b. (b) See Wilder v. Speer, 8 A. & E. 547; Gilbert on Dist. 62, 2 Inst. 106, Co. Litt. 37 b, Bac. Abr. Distress (D); Bignell v. Clark, 5 H. & N. 485. (c) Bac. Abr. Distress (D). By sect. 6, "In case any animal shall at any time be impounded or confined as aforesaid, and shall continue confined without fit and sufficient food and water for more than twelve successive hours, it shall and may be lawful to and for any person whomsoever, from time to time, and as often as shall be necessary, to enter into and upon any pound or other receptacle of the like nature, in which any such animal shall be so confined, and to supply such animal with fit and sufficient food and water during so long a time as such animal shall remain and continue confined as aforesaid, without being liable to any action of trespass, or any other proceeding by any person whomsoever, for or by reason of such entry for the purposes aforesaid; and the reasonable cost of such food and water shall be paid by the owner of such animal, before such animal is removed, to the person who shall supply the same, and the said cost may be recovered in like manner as herein provided for the recovery of penalties under this Act," i.e., by summary proceedings before a justice. By 17 & 18 Vict., c. 60, s. 1," Every person who, since the passing of the said Act of the 12th and 13th years of Her Majesty, has impounded or confined, or hereafter shall impound or confine, as in the said Act mentioned, any animal, and has provided and supplied, or shall hereafter provide and supply, such animal with food and water as therein mentioned, shall and may, and he is hereby authorised, to recover of and from the owner or owners of such animal, not exceeding double the value of the food and water so already or hereafter to be supplied to such animal, in like manner as is by the said last-mentioned Act provided for the recovery of penalties under the same Act; and every person who has supplied or shall hereafter sup |