Page:The American Cyclopædia (1879) Volume VI.djvu/154

 146 DISTRESS DISTRICT OF COLUMBIA feasant, yet differs in another, viz. : that such recaption or reentry cannot be made with force, whereas a distress may be executed in like manner as process upon a judgment ; that is to say, force may be used in case of resist- ance. The third case above mentioned, viz., distress to enforce the payment of taxes, is statutory, and while generally limited to the seizure and sale of the goods of the person taxed, it is sometimes, in the case of tax upon lands, permitted to extend to any personal property found thereon. The case of distress to compel an appearance was by a judicial writ called a distringas. In a popular sense, a distress is understood only of the taking property of a tenant or wrong doer in satis- faction of rent or damages. The term is with some incongruity applied as well to the prop- ery taken as to the act of taking. Formerly, the property distrained was deemed a mere pledge, and the distrainor had no power over it except that of detaining it till he received satisfaction of the rent or damages for which the distress was made ; but for the security of the owner it was required that the property should be kept in a pound (parcus, which sig- nifies any enclosure ) ; and if the distress con- sisted of live animals, it was required that they should be impounded within three miles of the place where they were taken. If put into a public pound, the risk and expense of keeping the same devolved upon the owner without notice from the distrainor. By statute 11 George II., c. 19, the distrainor was authorized to make a special pound upon the premises where the distress was taken, in which case notice to the owner was required ; but the liability to provide necessaries for animals be- longed to the owner as in the other case. A distress of chattels which might be injured by exposure to the weather the distrainor was bound to keep in a pound covert. A distress was allowed only by daylight, except in the case of beasts damage feasant, which might be taken at night, lest they should escape. For- merly the landlord could distrain only such goods as were found upon the premises for which rent was due, but by statute goods which have been clandestinely removed may be followed within 30 days after the rent ac- crues. In making the distress the landlord is not permitted to break open the outer door of the house, but being once in, he can break an inner door; being the same rule as in levy upon execution. As to the property subject to distress, it may be said in general that any- thing found upon the premises may be taken, whether the property of the tenant or not ; but from this are excepted things affixed to the freehold and constituting a part of it in law; perishable articles; goods of third persons npon the premises from necessity, or for the purposes of commerce or trade, as the carriage of a traveller at an inn, or the plough at "a smith's for repair ; goods already in the cus- tody of the law ; and goods specially exempt by statute. The tools or implements of a man's employment are also at common law conditionally exempt ; that is to say, they should not be taken if other sufficient distress can be found. If distress is made when no rent is due, the tenant has his remedy by replevin ; but for an excessive distress, the only protection of the tenant is by an ancient statute (52 Henry III., c. 4), under which an action may be brought for the taking of an un- reasonable or excessive amount. After the impounding of the property, by the ancient law the remedy of the distrainor ceased ; but by various modern statutes, when the distress is for rent, it may be sold after the expiration of five days for payment of the rent. In the United States a strong inclination has of late been manifested to abolish distress entirely, not only as a harsh remedy as regards the debtor, but because establishing an unjust dis- crimination in favor of the landlord as against other creditors. In several of the states this has already been done. DISTRICT OF COLOIBIA, a territory of the United States, containing the national capital. It is about 200 m. from the ocean by the Po- tomac river and Chesapeake bay, and lies be- tween lat. 38 51' and 39 K, and Ion. 76 58' and 77 6' W. It was named in honor of Christopher Columbus, and also with some reference to the poetical use of the term Co- lumbia as a designation for the United States. It is bounded on the S. W. by the Potomac, and on all other sides by Maryland, and is 10 m. long from N. W. to S. E., with an area of 64 sq. m. It formerly constituted the county of Washington, that term, however, being popularly confined to the portion outside of the cities of Washington and Georgetown, forming much the larger part of the District. The following table shows the population at the several decennial enumerations : CENSUS. White. Free colored. Slave. Total. 1800. 5672 400 2 072 8144 1810. 10345 1 527 s'554 15471 1820... 16058 2 758 4 520 23336 1830 1840 21,152 23926 4.604 6 499 4.505 8 3 l) 30.261 33 745 1850 37941 10 059 3 687 5l'687 I860.. 60763 11 131 3 185 75080 1870 88278 43404 131 700 Included in the total for 1870 are 3 Chinese and 15 Indians. There were 31,622 male citi- zens of the United States 21 years old and up- ward; 115,446 were native and 16,254 foreign born; 62,192 were males and 69,508 females. Of the natives, 52,340 were born in the Dis- trict, 23,596 in Virginia and West Virginia, 21,751 in Maryland, 4,597 in New York, 4,121 in Pennsylvania, 1,254 in Massachusetts, and 1,042 in Ohio. Of -the foreigners, 8,218 were born in Ireland, 4,020 in Germany, and 1,422 in England. There were 15,207 persons born in the District living in other parts of the Union. Of the colored, 35,372 were blacks