mediate landlord only, a ground landlord is not entitled to his rent out of the goods of the under-tenant taken in execution. 2 Str. 787. And where there are two executions, the landlord is not entitled to a year's rent on each. See Str. 1024. Goods distrained and replevied may be distrained by another landlord for subsequent rent. 2 Dall. 68.

[27] 7. 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.

hence the goods of a traveller in an inn are exempt from distress. 7 H. 7, M. 1, p. 1; Hamm. N. P. 380, a. In the other the interests of the com. munity 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. 17 Serg. & Rawle, 138; 5 Whart. R. 9, 14. Valuable things in the way of trade are not liable to distress; as a horse standing in a smith's shop to be shod, or in a common inn, or cloth [ 28 ] Secondly; Besides the 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. 3 Bl. Com. 8. 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. 5 Whart. R. 9.

[26] 6. 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. 2 Yeates, 274; 5 Binn. 505; but he is not entitled to the day of sale. 5 Binn. 505. See 18 Johns. R. 1. 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. 1 Str. 97, 214; 3 Taunt. 400; 2 Wils. 140; Com. Dig. Rent, D 8; 11 Johns. R. 185. This notice can be given by the imVOL. I.-41

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. Co. Litt. 47, a; Bac. Abr. Distress, B.2. Implements of trade, as, a loom in actual use, and there is a sufficient distress besides. 4 T. R. 565.—3. Other thing in actual use, as a horse whereon a person is riding, an axe in the hands of a person cutting wood, and the like. Co. Litt. 47, a.

[29] § 4. 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. 1 Saund. 287; Co. Lit. 47, b. n. 6. A previous demand is not generally neces sary, although there is a clause in the lease that the lessor may distrain for rent, "being lawfully demanded," Bradb. 124; Bac. Abr. Rent, I; 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, at one entire rent, and it does not the clause were that if the rent should appear that the lands are separate happen to be behind it should be de- from each other, one distress may manded at a particular place not on be made for the whole rent. Ld. the land; or be demanded of the Raym. 55; S. C. 12 Mod. 76. And person of the tenant; then such spe- where rent is charged upon land, cial demand is necessary to support which is afterwards held by several the distress. Plowd. 69; Bac. Abr. tenants, the grantee or landlord may Rent, I. distrain for the whole upon the land of any of them; because the whole of the rent issues out of every part of the land. Roll. Abr. 671. If there be a house on the land, the dis

[30] 2. A distress for rent can only be made during the day time. Co. Lit. 142, a.

the outer door or window be open, a distress may be taken out of it. Roll. Abr. 671. And if an outer door be open, an inner door may be broken open for the purpose of taking a distress. Comb. 47; Cas. Temp. Hard. 168. Barges on a river attached to the leased premises (a wharf) by ropes, cannot be distrained. 6 Bingh. 150; 19 Eng. Com. Law R. 36.

[ 31 ] 3. At common law a distress could not be made after the ex-tress may be made in the house; if piration of the lease; to remedy this evil the legislature of Pennsylvania passed an act making it "lawful for any person having any rent in arrear or due upon any lease for life or years or at will, ended or determined, to distrain for such arrears after the determination of the said respective leases, in the same manner as they might have done, if such lease had not been ended; provided that such distress be made during the continuance of such lessor's title or interest. Act of 21st March, 1772, s. 14, 1 Smith's Laws of Penna. 375.-4. In the city and county of Philadelphia the landlord may, under certain circumstances apportion his rent, and distrain before it becomes due. See act of 25th March, 1825, s. 1. Pamph. L. 114.

[32] § 5. In what place a distress may be made. The distress may be made upon the land, or off the land. 1. Upon the land. A distress generally follows the rent, and is consequently confined to the land out of which it issues. If two pieces of land, therefore, are let by two separate demises, although both be contained in one lease, a joint distress cannot be made for them, for this would be to make the rent of one issue out of the other. Rep. Temp. Hardw. 245; S. C. Str. 1040. But where lands lying in different counties are let together by one demise,

[33] 2. Off the land. By the 5th and 6th sections of the Pennsylvania act of assembly of the 21st March, 1772, copied from the 11 Geo. II. c. 19, it is enacted, that if any tenant for life, years, at will, or otherwise, shall fraudulently or clandestinely convey his goods off the premises to prevent the landlord from distraining the same, such person, or any person by him lawfully authorised, may within thirty days after such conveyance, seize the same, wherever they shall be found, and dispose of them in such manner as if they had been distrained on the premises. Provided, that the landlord shall not distrain any goods which shall have been previously sold, bona fide, and for a valuable consideration, to one not privy to the fraud. To bring a case within the act, the removal must take place after the rent becomes due, and must be secret, not made in open day, for such removal cannot be said to be clandestine within the meaning of the act. 3 Esp.

N. P. C. 15; 12 Serg. & Rawle, | trained should be made, and a copy 217; 7 Bing. 423; 1 Moody & Mal- of it delivered to the tenant, together kin, 535. It has, however, been with a notice of taking such distress, made a question whether goods are with the cause for taking the same. protected that were fraudulently re- This notice of taking a distress is not moved on the night before the rent required by the statute to be in wrihad became due. 4 Camp. 135. ting; and, therefore, parol or verbal The goods of a stranger cannot be notice may be given either to the pursued; they can be distrained only tenant on the premises or to the own. while they are on the premises. 1er of the goods distrained. 12 Mod. Dall. 440. 76. And although such notice is directed by the act to specify the cause of taking, it is not material whether it accurately state the period of the rent's becoming due, Dougl. 279; or even whether the true cause of taking the goods be expressed therein. 7 T. R. 654. If the notice be not personally given, it should be left in writing at the tenant's house, or according to the directions of the act, at the mansion-house or other most notorious place on the premises charged with the rent distrained for.

[34] § 6. Of the manner of making a distress. 1. A distress for rent may be made either by the person to whom it is due, or, which is the preferable mode, by a constable or other officer properly authorised by him.

[35] 2. If the distress be made by a constable, it is necessary that he should be properly authorised to make it; for which purpose the landlord should give him a written authority, or as it is usually called, a warrant of distress; but a subsequent assent and recognition given by the party for whose use the distress has been made, is sufficient. Hamm. N. P. 382.

[36] 3. When the constable is thus provided with the requisite authority to make a distress by seizing the tenant's goods, or some of them in the name of the whole, and declaring that he takes them as a distress for the sum expressed in the warrant to be due by the tenant to the landlord, and that he takes them by virtue of the said warrant; which warrant he ought, if required, to show. 1 Leon.

50.

[37] 4. When making the distress it ought to be made for the whole rent; but if goods cannot be found at the time sufficient to satisfy the rent, or the party mistake the value of the thing distrained, he may make a second distress. Bradb. 129, 30; 2 Tr. & H. Pr. 155.

[38] 5. As soon as a distress is made, an inventory of the goods dis

[39] 6. The distrainor may leave or impound the distress on the premises for the five days mentioned in the act, but becomes a trespasser after that time. 2 Dall. 69. As in many cases it is desirable for the sake of the tenant that the goods should not be sold as soon as the law permits, it is usual for him to sign an agreement or consent to their remaining on the premises for a longer time, in the custody of the distrainor, or of a person by him appointed for that purpose. While in his possession, the distrainor cannot use or work cattle distrained, unless it be for the owner's benefit, as to milk a cow, or the like. 5 Dane's Abr. 34.

[40] 7. Before the goods are sold they must be appraised by two reputable freeholders, who shall take an oath or affirmation to be administered by the sheriff, under-sheriff, or coroner, in the words mentioned in the act.

[41] 8. The next requisite is to give six days' public notice of the

property, 20.

Manner of making distress, 34, 37.
Merchandize exempted, 25.
Milk exempted, 23.
Notice of sale, 41.
Place of distress, 32, 33.
Parties to distress, 5.

time and place of sale of the things | Joint tenants may distrain, 6.
distrained; after which, if they have
not been replevied, they may be sold
by the proper officer, who may apply
the proceeds to the payment and
satisfaction of the rent, and the ex-
penses of the distress, appraisement
and sale. The overplus, if any, is
to be paid to the tenant.

[42] § 7. When a distress will be a waiver of a forfeiture of the lease. On this subject, see 1 B. & Adol. 428.

The right of distress, it seems, does not exist in the New England states. 4 Dane's Ab. 126; 7 Pick. R. 105; 3 Griff. Reg. 404; 4 Griff. Reg. 1143; Aik. Dig. 357; nor in Alabama, Mississippi, North Carolina nor Ohio; and in Kentucky, the right is limited to a distress for a pecuniary rent. 1 Hill. Ab. 156. Vide, generally, Gilb. on Distr. by Hunt; Bradb. on Distr.; Com. Dig. h. t.; Bac. Ab. h. t.; Vin. Ab. h. t.; Saund. Index, h. t.; Wilk. on Repl.; 3 Chit. Bl. Com. 6, note.

2

sole owner, 5,
joint tenant, 6.
tenants in common, 7.
husband, 8.
widow, 10.

9.

tenant by curtesy,
tenant for life, 11.
personal representative, 12.
heir, 13.
devisee, 14.

trustee, 15.
guardian, 16.
corporations, 17.

Rent, 3, 4.

Sale of distress, 41.
Tenant in common, 7.
for life, 11.

Time of making the distress, 29, 30, 31.
five days impounding, 39.
Travellers' goods exempt, 25.
Trustees may distrain, 15.
Widow may distrain, 10.

DISTRESS INFINITE, English practice, is a process commanding the sheriff to distrain a person from time to time, and continually afterwards, by taking his goods by way of pledge, to enforce the performance of something due from the party distrained upon. In this case no distress can be immoderate, because whatever its value may be, it cannot be sold, but is to be immediately restored on satisfaction being made. 3 Bl. Com. 231.

DISTRIBUTION. By this term is understood the division of an in. testate's estate according to law. The English statute of 22 and 23. Car. 2, c. 10, which was itself probably bor. rowed from the 118th Novel of Justinian, is the foundation of, perhaps, most acts of distribution in the seve ral states. Vide 2 Kent, Com. 343, note; 8 Com. Dig. 522; 11 Vin. Ab. 189, 202; Com. Dig. Adminis tion, H.

DISTRICT, is a certain portion | ed States, a small territory on the banks of the Potomac, and congress, by the act of July 16, 1790, accepted the same for the permanent seat of the government of the United States. The act provides for the removal of the seat of government from the city of Philadelphia to the District of Columbia, on the first Monday of December, 1800. It is also provided, that the laws of the state within such district, shall not be affected by the acceptance, until the time fixed for the removal of the government thereto, and until congress shall otherwise by law provide.

of the country, separated from the rest for some special purposes. The United States are divided into judicial districts, in each of which is established a district court; they are also divided into election districts; collection districts, &c.

DISTRICT ATTORNEYS OF THE UNITED STATES. There shall be appointed in each judicial district, a meet person, learned in the law, to act as attorney of the United States in such district, who shall be sworn or affirmed to the faithful execution of his office. Act of 24 Sept. 1789, s. 35, 1 Story's Laws, 67. His duty is to prosecute in such district all delinquents, for crimes and offences cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except in the supreme court, in the district in which that court shall be holden. Ib. Their salaries vary in different districts; vide Gordon's Dig. art. 403. By the act of March 3, 1815, 2 Story's L. U. S. 1530, district attorneys are authorised to appoint deputies in certain cases to sue in the state courts. See Deputy District Attorney.

DISTRICT COURT. Vide Courts of the United States.

Is seems that the District of Columbia, and the territorial districts of the United States, are not states within the meaning of the constitu. tion, and of the judiciary act, so as to enable a citizen thereof to sue a citizen of one of the states in the federal courts. 2 Cranch, 445; 1 Wheat. 91.

DISTRINGAS, remedies, is a writ directed to the sheriff commanding him to distrain one of his goods and chattels, to enforce his compliance of what is required of him, as for his appearance in a court on such a day, and the like. Com, Dig. Process, D 7; Chit. Pr. Index, h. t.; Sellon's Pr. Index, h. t.; Tidd's Pr. Index, h. t.; 11 East, 353.

DISTURBANCE,

DISTRICT OF COLUMBIA. The name of a district of country ten miles square, situate between the torts, is a states of Maryland and Virginia, wrong done to an incorporeal here. over which the national govern- ditament, by hindering or disquiet ment has exclusive jurisdiction. By ing the owner in the enjoyment of the constitution, congress may "ex-it. Finch, L. 187; 3 Bl. Com, ercise exclusive jurisdiction in all cases whatsoever, over such district, not exceeding ten miles square, as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States." In pursusnce of this authority, the states of Maryland and Virginia ceded to the Unit

235; 1 Swift's Dig. 522; Com. Dig. Action upon the case for a disturb ance. Pleader, 3 I 6; 1 Serg. & Rawle, 298.

DIVIDEND, is a portion of the principal or profits divided among several owners of a thing. The term is usually applied to the divi sion of the profits arising out of