| 词汇 | Distress5 |
| 释义 | `1`Distress5 `2` "Legal Lexicon": Goods are privileged in cases where the proprietor is either compelled, from necessity to place his goods upon the land, or where be does so for commercial purposes. In the first case, the goods are exempt, because the owner has no option; hence the goods of a traveller in an inn are exempt from distress. In the other, the interests of the community require that commerce should be encouraged, and adventurers will not engage in speculations if the property embarked is to be made liable for the payment of debts they never contracted. Hence goods landed at a wharf or deposited in a warehouse on storage, cannot be distrained. Valuable things in the way of trade are not liable to distress; e.g., a horse standing in a smith's shop to be shod, or in a common inn; or cloth at a tailor's house to be made into a coat; or corn sent to a mill to be ground, for these are privileged and protected for the benefit of trade. On the same principle it has been decided, that the goods of a boarder are not liable to be distrained for rent due by the keeper of a boarding house unless used by the tenant with the boarder's consent, and without that of the landlord. Goods taken in execution cannot be distrained. The law in some states gives the landlord the right to claim payment out of the proceeds of an execution for rent, not exceeding one year, and he is entitled to payment up to the day of seizure, though it be in the middle of a quarter but he is not entitled to the day of sale. The usual practice is, to give notice to the, sheriff that there is a certain sum due to the landlord as arrears of rent; which notice ought to be given to the sheriff, or person who takes the goods in execution upon the premises for the sheriff is, not bound to find out whether rent is due, nor is he liable to an action, unless there has been a demand of rent before the removal. This notice can be given by the immediate landlord only a ground landlord is not entitled to his rent out of the goods of the under tenant taken in execution. And where there are two executions, the landlord is not entitled to a year's rent on each. Goods distrained and replevied may be distrained by another landlord for subsequent rent. By some special acts of the legislature it is provided that tools of a man's trade, some designated household furniture, school books, and the like, shall be exempted from distress, execution, or sale. - Secondly. Besides the above mentioned goods and chattels, which are absolutely privileged from distress, there are others which are conditionally so, but which may be distrained under certain circumstances. These are: 1. Beasts of the plough, which are exempt if there be a sufficient distress besides on the land whence the rent issues. 2. Implements of trade; e.g., a loom in actual use; and there is a sufficient distress besides. 3. Other things in actual use; e.g., a horse whereon a person is riding, an axe in the hands of. a person cutting wood, and the like. The time when a distress may be made. 1. The distress cannot be made till the rent is due by the terms of the lease; as rent is not due until the last minute of the natural day on which it is reserved, it follows that a distress for rent cannot be made on that day. A previous demand is not generally necessary, although there be a clause in the lease that the lessor may distrain for rent, being lawfully demanded the making of the distress being a demand though it is advisable to make such a demand. But where a lease provides for a special demand; as, if the clause were that if the rent should happen to be behind it should be demanded at a particular place not on the land; or be demanded of the person of the tenant; then such special demand is necessary to support the distress. A distress for rent can only be made during the day time. Go to Distress6 |
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