Page:Halsbury Laws of England v1 1907.pdf/474

 — 252

Agriculture.

Sect.

9.

Injunctions,

custom of the country (g). An injunction will also be granted the statutory right of the tenant after January 1, 1909, to crop the land and dispose of the produce thereof without regard to the covenants in the lease is exercised in such a manner as to injure or deteriorate, or be likely to injure or deteriorate, the holding (V). to the

if

Part

IV. Sect.

Things absolutely privileged

from



distress.

531.

By

—

Distress and

1.

Things Privileged from Distress.

Executioner

the general law of distress the following things are abso-

—

from distress fixtures (t) animals fercE naturce (u) goods delivered to a person to be worked upon, carried, or managed in the way of his trade or calling (a) things in actual use (b) things in the custody of the law (c) and things which cannot be restored in the same plight (d). To this list other things have been added by various statutes, such as the goods of an ambassador (e) the goods of a lodger, if duly claimed (/) gas meters, if the property of a company incorporated by Act of Parliament (g) railway rolling stock in any works not belonging to the tenant of the works (h) goods of a tenant or his family which could be protected from seizure in execution under the County Court Acts (i). lutely privileged

















Things provisionally

532. The following things are privileged from distress provided there is other sufficient distress on the premises beasts of the plough, sheep (k), and implements of trade (I). No privilege attaches to cart colts and young steers not yet broken in or used for harness or the plough (k) and beasts of the plough may be distrained for poor rates although there are other distrainable goods sufficient to answer the demand (m). So also beasts of the plough may be distrained, though there be growing crops on the land sufficient to satisfy the distress, for the

privileged.

Beasts.

—



(q) (r)

See note (w), p. 243, ante. Agricultural Holdings Act, 1906 (6 Edw.

See, generally, title Distress. (t) HeUaiuell v. Eastivood (1851), 6 (w) Co. Litt. 47. (a) Siuire v. Leach (1865), 34 L. J.

7, c. 56), s.

3

(2)



see p. 251, ante.

(s)

(6)

Simpson v. Hartopp (1745),

(c)

Co. Litt. 47

1

Exch.

295.

(c. P.)

150,

Smith, L. C.

1

and cases there cited. 1th ed. 437, and cases there cited.

a.

Wilson V. Bucket (1675), 2 Mod. Eep. 61 Morley v. Pincomhe (1848), 2 Exch. And see p. 254, post, as to sheaves and -ricks of corn and hay. lOi. (e) Diplomatic Privileges Act, 1708 (7 Anne, c. 12), s. 3. (/) Lodgers' Goods Protection Act, 1871 (34 & 35 Yict. c. 79). (g) Gasworks Clauses Act, 1847 (10 & 11 Vict. c. 15), s. 14. (A) Eailway EoUing Stock Protection Act, 1872 (35 & 36 Vict. c. 50), s. 3. (?) Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21), s. 4. (k) 51 Hen. 3, c. 4; Keen v. Priest (1859), 4 H. & N. 236. (/) Gorton v. Falkner (1792), 4 Term Eep. 565; Simpson v. Hartopp (1745), 1 Smith, L. C. 11th ed. 437; Lavell v. RicUngs, [1906] 1 K. B. 480; the implements of trade need not be in actual use at the time {Nargett v. Nias (L859), 1 E. & E. 439). (m) HutchinsY. Chamhers (1158), 1 Burr. 579. (d)