(x) The goods of another left ex necessitate on the (xii) The goods and beasts of a guest at an inn. (1) (xiv) Goods in custodiâ legis.(n) (xv) Railway rolling stock, when on hire.(0) (xvi) Gas meters, belonging to a gas company incorporated under an Act of Parliament.(p) Subject to the above exceptions, all goods and animals found on the demised premises may be lawfully distrained, no matter to whom belonging.] REMEDIES. I. An action for trespass, and the conversion of the goods. II. An action for double the value of the goods distrained in cases where 1. There is no rent in arrear, and 2. The goods distrained upon have been sold.(9) III. An action of replevin [replegiare, to receive again on giving a pledge], where the tenant desires a return of the goods themselves. § This is an action to try the right to the goods, the tenant receiving them back, pendente lite, upon giving security for their value, and for costs. (i) Swire v. Leech, 18 C. B. N. S. 479; Co. Litt. 47a. (k) 34 & 35 Vict. c. 79. (1) Crozier v. Tomkinson, 2 Ken. 439. (m) 7 Ann, c. 12, s. 3. (n) Wharton v. Naylor, 12 Q. B. 673. (0) 35 & 36 Vict. c. 50, s. 3. (p) 10 & 11 Vict. c. 15, s. 14. [NOTE. The course of procedure in replevin is as follows:-The tenant at any time after seizure, and before the goods have been sold, may apply to the registrar of the county court of the district, in which the distress has been made, for the return of the goods taken. The registrar will then restore (replevy) them to him, upon the following terms :(a) 1. That the replevisor (the tenant) will commence, and (i) If in the county court, within one month. [NOTE. He is only entitled to sue in a (a.) That a question of title is involved. 2. That the replevisor shall, to the satisfaction of the 3. If he is unable to make out his claim, he shall return the goods.] § If upon the trial of the action the replevisor fails to make out his title to the goods, he will have to return them to the distrainor. § If he wins the action, he will [having already got possession of the goods], only be entitled to recover the expenses of the replevy. § AVOWRY AND COGNISANCE were, under the old system of pleading, the names of the pleas to a declaration in replevin, confessing and justifying the seizure. (a) As to proceedings in replevin, see 51 & 52 Vict. c. 43 (County Courts Act, 1888), ss. 133-137. 1. The first pleaded by the landlord. 2. The second by the bailiff, who acted under his orders. IV. SUMMARY PROCEEDINGS WITHIN THE METROPOLITAN DISTRICT (6) may be taken on summons before a stipendiary, where 1. The tenancy is a weekly or a monthly one; or 2. The rent does not exceed £15 per annum. § Who has jurisdiction— (i) To order the return of the distress, on payment of the rent due (if any); or (ii) If it has been sold, the return of its value, less any sum due for rent; or (iii) In default of compliance, to impose a fine of not more than £15, to be paid by the landlord to the aggrieved tenant. (c) (b) The limits of the Metropolitan District are defined in the Schedale to 10 Geo. 4, c. 44. (c) 2 & 3 Vict. c. 71, s. 39. PART IV. OF BREACHES OF DUTY IN THE MANAGEMENT OF CHATTELS. CHAPTER I. OF THE NEGLIGENT USE OF CHATTELS. SNEGLIGENCE. It is the duty of all persons to use reasonable care and skill in dealing with any chattel: and if one is negligent in his performance of this duty, and mischief or loss ensues to the person or property [real or personal] of another, he will be answerable to that other in damages. (a) For example 1. If Smith points a loaded gun, at full cock, towards Jones; and the gun goes off, and wounds the latter; 2. If on a dark night the servants of a railway com pany pull up a train some yards short of the platform, and invite passengers to alight; so that a passenger, alighting, is precipitated to the ground, and injured; 3. If Brown drives a cart rapidly in a public street, and so knocks down and injures Robinson; 4. If Green carries a plank so carelessly that he runs it through a plate-glass door; 5. If Grey navigates a vessel so carelessly that it injures a pier or a landing stage; 6. If Johnson insecurely leans a door against the wall of his house, and the door is blown down by the (a) A trespass to the person is not actionable if it be neither intentional nor the result of negligence: Stanley v. Powell (1891), 1 Q. B. 88. wind on to Williams, who happens to be passing by and is thereby injured; The party injured, whether in his person, or his property (real or personal), is entitled to compensation from the party guilty of the negligence. § CONTRIBUTORY NEGLIGENCE. If, however, the party injured has, by his own want of reasonable care, contributed to the happening of the injury, then the party guilty of the original act of negligence is absolved. For example 1. If Jones had persisted in dodging in front of Smith's gun, and daring him to have a shot at him. 2. If the passenger had got out of the train before it had stopped. 3. If Robinson could have got out of Brown's way, had he been looking where he was going. 4. If the plate-glass door was built in a passage, where no one would expect such a thing, and Green was entitled to go down the passage, and no notice was given to him of the position of the glass door. 5. If Grey had been misled by lights improperly exhibited by the owners of the pier or landing stage. 6. If Williams had carelessly stumbled against the door, and helped to bring it down upon himself. Then the parties, who have suffered the damage, are in that position through their own folly, and are not entitled to compensation. $ Provided (i) That the injury resulting is the necessary, ordinary, and likely consequence of the contributory negligence. Illustration. Swan owned certain shares in the North British Australasian Company, and also in another Australian Company. He was intending to transfer the latter, and was induced by his broker Oliver to execute a blank transfer, Oliver |