| 词汇 | Distress2 |
| 释义 | `1`Distress2 `2` "Legal Lexicon": With respect to the amount of the rent for which a lessor may in different cases be entitled to make a distress, it may be laid down as a general rule, that whatever can properly be considered as a part of the rent may be distrained for, whatever be the particular mode in which it is agreed to be paid. So that where a person entered into possession of certain premises, subject to the approbation of the landlord, which was afterwards obtained, by agreeing to pay in advance, rent from the time be came into possession, it was, in England, determined that the landlord might distrain for the whole sum accrued before and after the agreement. For on whatever day the tenant agrees that the rent shall be due, the law gives the landlord the power of distraining for it at that time.. In New York, it was determined that an agreement that the rent should be paid in advance is a personal covenant on which an action lies, but not distress. Interest due on rent cannot, in general, be distrained for but may be recovered from the tenant by action, unless under particular circumstances. Of the persons entitled to make a distress. 1. When the landlord is sole owner of the property out of which rent is payable to him, he may, of course, distrain in his own right. Joint tenants have each of them an estate in every part of the rent; each may, therefore, distrain alone for the whole, although he must afterwards account with his companions for their respective shares of the rent. But one joint tenant cannot avow solely, because the avowry is always upon the right, and the right of the rent is in all of them. They may all join in making the distress, which is the better way. Tenants in common do not, like joint tenants, hold by one title and by one right, but by different titles, and have several estates. Therefore they should distrain separately, each for his share, unless the rent be of an entire thing, as to render a horse, in which case, the thing being incapable of division, they must join. Each tenant in common is entitled to receive from the lessee, his proportion of the rent; and therefore, when a person holding under two tenants in common, paid the whole rent to one of them, after having received a notice to the contrary from the other, it was held, that the party who gave the notice might afterwards distrain. As tenants in common have no original privity of estate between them, as to their respective shares, one may lease his part of the land to the other, rendering rent, for which a distress may be made, as if the land had been demised to a stranger. It may be, laid down as a general rule, that for rent due in right of the wife, the husband may distrain alone even if it accrue to her in the character of executrix or administratrix. With respect to the remedies for the recovery of the arrears of a rent accruing in right of his wife, a distinction is made between rent due for land in which the wife has a chattel interest, and rent due in land in which she has an estate of freehold and inheritance. And in some cases, a further distinction must be made between a rent accruing before and rent accruing after the coverture. A tenant by the curtesy, has an estate of freehold in the lands of his wife, and in contemplation of law, a reversion on all land of the wife leased for years or lives, and may distrain at common law for all rents reserved thereon. Go to Distress3 |
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