brothers, sisters, and their children. If there be none of the foregoing, the estate is divided between the nearest ascendants of the paternal line, and the nearest ascendants of the maternal line, and if there be no kindred capable of inheriting, the estate escheats to the crown.

ENGLAND

Of the realty, the widow has her dower, and the husband has his tenancy by curtesy if issue have been born capable of inheriting. Of the personal estate, the husband takes all; and the widow, if there be issue, takes one-third. But if there be no issue, the widow has a first charge on all the real and personal estate for the sum of £500 and takes one-half of the residue. Subject to the right of husband and wife, the real estate first descends to the decedent's eldest son, or if no son, to the daughters equally. The personal estate is divided among all the children equally. If there be no descendants, the realty descends to the next eldest brother; and personalty is distributed among the next of kin.

DISTRESS FOR RENT

Distress for rent has been expressly abolished in the District of Columbia, Minnesota, Mississippi, New York, Oregon, Utah, and Wisconsin. In other states the procedure has practically fallen into disuse. In a few states only has distress been recognized by the statutes as still existing. In many states, although distress has been abolished, it is practically preserved under the law of liens and attachments. The landlord has a statutory lien for his rent, unless otherwise agreed, on the crops grown during the term upon the demised premises in Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, and Texas; on the furniture and other personal property on the premises in the District of Columbia, Florida, Iowa, Kentucky, Louisiana, Missouri, New Mexico, Utah, Virginia, and West Virginia. By an express provision in the lease, the landlord may sometimes acquire a lien upon the personal property of the tenant on the demised premises, as in Alabama, California, Illinois, Indiana, Iowa, Kentucky, Mississippi, Missouri, New Jersey, New York, Oregon, Rhode Island, Texas, and Vermont. But the lien may not be enforced against third parties without notice, unless the lease be recorded as a chattel mortgage, in Arkansas, Illinois, Iowa, Michigan, Minnesota, Missouri, and New York.

The general principles of the common law as to rent and the remedies for its collection apply also to the rights given by these statutes, the main difference being that the statutes substitute the process of the court for the personal distraint of the landlord allowed by the commonlaw method, and confine the distress to the property of the tenant only, and do not allow it as to the property of third persons found on the demised premises. In those states, territories, and provinces of Canada, when no mention of distress has been made, it is believed that no statute on the subject exists.

Alabama.-The landlord has a lien on the crop grown on rented land for rent, for the current year, and for advances made in money or other thing of value. Unless otherwise stipulated, the rent and the price or value of the articles advanced shall be due on the 25th day of December of the year in which the crop is grown. The landlord may assign his claim, and the assignee will take the landlord's rights and remedies. The landlord or his assignee may have process of attachment for the recovery of the sum due him for rent and for advances. The landlord of any storehouse, dwelling house, or other building has a

lien on the goods, furniture, and effects of the tenant for his rent, which is superior to all other liens except those for taxes, and such lien can be enforced by attachment, as in attachments in other cases, when the tenant has fraudulently disposed of his goods or is about to do so or make an assignment for the benefit of his creditors or a complete transfer of substantially all of his goods without the consent of the landlord, for the payment of rent in full for the term, and also when the rent or any instalment thereof is due and the tenant refuses on demand to pay such rent.

Arkansas.-The landlord has a lien on crops grown on the demised premises paramount to all other liens, except that for taxes, continuing for 6 months after the rent becomes due. The lien is enforced by attachment.

California. -Distress for rent is not known, but judgment for rent and unlawful detainer may be had, and property not exempt from execution may be levied upon to satisfy the judgment.

Colorado.-A landlord cannot distrain for rent in the absence of an express agreement.

Delaware.-Distress may be had of the grain, grass, horses, cattle, or other goods and chattels being upon the premises, except they be not the property of the tenant, but are there in the way of trade, as horses at a livery, property of boarders in a boarding house, and the like. If the tenant remove his effects from the premises without payment of the rent due or growing due, and without license from the landlord in writing under his hand, they shall be liable, wherever found, to be destrained for rent for 40 days after the removal or after the rent becomes due, unless they have in the meantime been sold and delivered to a bona-fide purchaser for value. Rent is a preferred claim, and in case of the sale under execution process on the tenant's goods and effects on the premises, 1 year's rent in arrear and growing due, shall be paid the landlord out of the proceeds of sale before anything shall be applicable to such process. No exemption is allowed as against a claim for rent.

District of Columbia.-Distress for rent, as it existed at common law, was abolished by an act of congress, and a tacit lien substituted, which extends to 3 months' rent, and may be enforced by attachment or execution upon such effects of the tenant upon the premises as are subject to execution.

Florida.-Distress warrants for the collection of rents may issue from the court in the county where the land lies having jurisdiction of the amount claimed, upon the filing of an affidavit by any person to whom any rent or money for advances may be due, his agent or attorney, executor or administrator; the affidavit stating the amount

or quantity and value of the rent due for such land or the advances, and whether it or they be payable in money, cotton, or other agricultural products or things. The common-law remedy of distress regulated by statute as to form of procedure is in use. The landlord of agricultural property has a lien on the crops grown on the premises, which lien is paramount to all others.

Georgia.—The landlord may distrain for rent as soon as the same becomes due, or before due if the tenant be removing his goods from the premises. The landlord has a special lien upon the crops raised upon his land, superior to all other liens, except liens for taxes, and this dates from the maturity of the crops; and he also has a general lien on all property of the tenant, which dates from the day of the levy, but is inferior to certain other liens. The landlord also has a special lien on the crops for supplies furnished with which to make the crop. The defendant can replevy the property distrained only upon giving bond with good security conditioned to pay the final condemnation money.

Illinois. Any personal property of the tenant found in the county where the tenant resides may be taken by the landlord at any time while the tenancy remains in force, or within 6 months after its termination, except property exempt by law from seizure and sale on execution. The property of third persons found on the premises is not liable to such seizure. The landlord may distrain for rent before it is due if the tenant be seeking to remove his goods from the premises. Indiana. The landlord has a lien on the crops grown during the term for his rent.

Iowa.-A landlord shall have a lien for his rent upon all crops grown upon the demised premises, and upon any other personal property of the tenant which has been used on the premises during the term and not exempt from execution, for a period of 1 year after the year's rent, or the rent of a shorter period claimed, falls due; but such lien shall not in any case continue more than 6 months after the expiration of the term. In the event that a stock of goods or merchandise, or a part thereof, subject to a landlord's lien, shall be sold under judicial process, order of court, or by assignee under a general assignment for the benefit of creditors, the lien of the landlord shall not be enforceable against said stock or portion thereof, except for rent due for the term already expired, and for rent to be paid for the use of the demised premises for a period not exceeding 6 months after date of sale, any agreement of the parties to the contrary notwithstanding. Such liens may be effected and enforced in the manner provided by the statute, by attachment.

Kansas.-The landlord has a lien for rent on the crops grown during the term, unless otherwise agreed. This lien is enforced by attachment.

193--16

Kentucky.-The landlord has a lien on the fixtures, furniture, and other personal property of the tenant or under tenant, after possession taken under the lease, for not more than 1 year's rent due. The landlord of agricultural lands also has a lien on the crops, paramount to all other liens except that for taxes. Distress for rent issues on the affidavit of the landlord or his agent, showing the amount of rent due and in arrears. It may be levied on the tenant's goods in the county, and any subtenants' goods on the leased premises, emptions excepted.

Louisiana.-All movables within the leased premises are subject to the landlord's lien and right of pledge, whether belonging to the lessee or not, except such as belong to a subtenant, who is responsible only for such rent as he may owe. This does not apply to personal

effects in hotels.

Maine.-Claims for rent must be enforced as other contracts. There is, however, a lien on buildings for land rent, enforceable by attachment within 6 months after the rent is due.

Maryland.-Distress for rent has been abolished in Baltimore city as to all tenancies less than 3 calendar months. In lieu thereof, the landlord upon sworn, or affirmed, written complaint of himself, his agent, or attorney, may have proceedings before any justice of thecity and recover the premises, together with his rent and costs. The tenant may appeal from the judgment at any time within 2 days after its rendition. Where the rent of farm land is payable in a share of the crops, the landlord has a lien on the crops for his rent.

Massachusetts.-The landlord has no lien upon the tenant's property for rent. The law of attachment on mesne process has superseded the law of distress for rent. But under this attachment law the principles of the common-law doctrine of distress have been essentially assumed, subject to the checks and limitations, which under the English statute law and modern decisions have modified and improved it.

Michigan.-The landlord has no lien for rent on his tenant's property, unless by chattel mortgage inserted in his lease.

Mississippi.-There is no lien for rent except upon the agricultural products raised upon leased premises. All the property of the lessee is subject to seizure under a distress warrant for rent, except property exempt from execution. The proceeding is very summary, and substantially the same as that at common law. Property of strangers is not liable for rent. Property on leased premises cannot be seized under execution or attachment without paying or tendering the rent contracted for, for not more than 1 year. The landlord may