The Cook and Housekeeper's Complete and Universal Dictionary; Including a System of Modern Cookery, in all Its Various Branches, Adapted to the Use of Private FamiliesEaton, Mary, active 1823-1849
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The Cook and Housekeeper's Complete and Universal Dictionary; Including a System of Modern Cookery, in all Its Various Branches, Adapted to the Use of Private Families
Eaton, Mary, active 1823-1849
Cooking, English; Formulas, recipes, etc.; Home economics
Neither fixtures in a
house nor provisions can be distrained, nor any other article which
cannot be restored in as good a state as when it was taken; but wearing
apparel may be distrained when they are not in use. Money out of a bag
cannot be distrained, because it cannot be known again; but money sealed
up in a bag may. A horse in a cart cannot be distrained, without also
taking the cart; and if a man be in the cart, these cannot be taken. A
horse bringing goods to market, goods brought to market to be sold,
goods for exportation on a wharf or in a warehouse, goods in the hands
of a factor, goods delivered to a carrier to be conveyed for hire, wool
in a neighbour's barn, are all considered as goods in the hands of a
third person, and cannot therefore be distrained by a landlord for rent.
But goods left at an inn or other place of conveyance, a chaise or
horse standing in a stable, though the property of a third person, may
be distrained for rent. A distress must not be made after dark, nor on
the Sabbath day.--Where a landlord means to distrain for rent, it is not
necessary to demand his rent first, unless the tenant is on the premises
on the day of payment, and ready to pay it. But if goods are distrained,
and no cause given for so doing, the owner may rescue them, if not
impounded. Distraining part of the goods for rent in arrear, in the name
of the whole goods, will be deemed a lawful seizure. But if distress and
sale be made for rent when it can be proved that no rent is due or in
arrear, the person so injured may recover double the value of such goods
distrained, with full costs of suit. If goods be impounded, though they
have been distrained without a cause, a tenant cannot touch them,
because they are then in the hands of the law; but if not impounded or
taken away, he is at liberty to rescue them.--If distress be made for
rent, and the goods are not replevied within five days after the
distress is made, and notice left on the premises stating the cause of
such distress, the person distraining may have the goods appraised by
two persons, sworn by the constable of the place for that purpose, and
may after such appraisement sell them to the best advantage. The rent
may then be taken, including all expences, and the overplus left in the
hands of the constable for the owner's use. If a landlord commit an
unlawful act or any other irregularity, in making distress for rent
which is justly due, the distress itself will not on that account be
deemed unlawful; but full damages may be demanded by the injured party,
with full costs of suit; either in an action of trespass, or on the
case. But if full recompense be tendered to the tenant for such trespass
before the action is commenced, he is bound to accept it, or the action
will be discharged.--If a tenant clandestinely remove his goods, to
prevent the landlord from distraining them for rent, he may seize the
goods within thirty days, wherever they shall be found; and if not
Public-domain text, read in full here on John Shaqi.
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