| 词汇 | Distress4 |
| 释义 | `1`Distress4 `2` "Legal Lexicon": Of the things which may or may not be distrained. Goods found upon the premises demised to a tenant are generally liable to be distrained by a landlord for rent, whether such goods in fact belong to the tenant or other persons. Thus it has been held that a gentleman's chariot, which stood in a coach-house belonging to a common livery stable keeper, was distrainable by the landlord for the rent due him by the livery stable keeper for the coach-house. So if cattle are put on the tenant's land by consent of the owners of the beasts, they are distrainable by the landlord immediately after for rent in arrear. But goods are sometimes privileged from distress, either absolutely or conditionally. Those of the first class are privileged: 1. In respect of the owner of 2. Because no one can have property in them. 3. Because they cannot be restored to the owner in the same plight as when taken. 4. Because they are fixed to the freehold. 5. Because it is against the policy of law that they should be distrained. 6. Because they are in the custody of the law. 7. Because they are protected by some special act of the legislature. The goods of a person who has some interest, in the land jointly with the distrainer, as those of a joint tenant, although found upon the land, cannot be distrained. The goods of executors and administrators, or of the assignee of an insolvent regularly discharged according to law, cannot, in Pennsylvania, be distrained for more than one year's rent. The goods of a former tenant, rightfully on the land, cannot be distrained for another's rent. For example, a tenant at will, if quitting upon notice from his landlord, is entitled to the emblements or growing crops; and therefore even after they are reaped, if they remain on the land for the purpose of hushandry, they cannot be distrained for rent due by the second tenant. And they are equally protected in the hands of a vendee. They cannot be distrained, although the purchaser allow them to remain uncut an unreasonable time after the are ripe. As every thing which is distrained is presumed to be the property of the tenant, it will follow that things wherein no man can have an absolute and valuable property, e.g., cats, dogs, rabbits, and all animals ferae naturae, cannot be distrained. Yet, if deer which are of a wild nature, are kept in a private enclosure for the purpose of sale or profit, this so far changes their nature by reducing them to a kind of stock or merchandise, that they may be distrained for rent. Such things as cannot be restored to the owner in the same plight as when they were taken, e.g., milk, fruit, and the like, cannot be distrained. Things affixed or annexed to the freehold, e.g., furnaces, windows, doors, and the like, cannot be distrained, because they are not personal chattels, but belong to the realty. And this rule extends to such things as are essentially a part of the freehold, although for a time removed therefrom, as a millstone removed to be picked; for this is matter of necessity, and it still remains in contemplation of law, a part of the freehold. For the same reason an anvil fixed in a smith's shop cannot be distrained. Go to Distress5 |
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