Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/18

6 the reaon why the law allows this private and ummary method of doing one's elf jutice, is becaue injuries of this kind, which obtruct or annoy uch things as arc of daily convenience and ue, require an immediate remedy; and cannot wait for the low progres of the ordinary forms of jutice.

cae in which the law allows a man to be his own avenger, or to minifter redrefs to himfelf, is that of dljlreining cattle or goods for nonpayment of rent, or other duties ; or, diftreining another's cattle damage-feafant, that is, doing damage, or trefpafling, upon his land. The former intended for the benefit of landlords, to prevent tenants from fecreting or withdrawing their effects to his prejudice ; the latter arifing from the necefiity of the thing itfelf, as it might otherwife be impofiible at a future time to afcertain, whofe cattle they were that committed the trefpafs or damage.

the law of ditrees is a point of great ue and conequence, I hall confider it with ome minutenes, by enquiring, firt, for what injuries a ditres may be taken; econdly, what things may be ditreined; and, thirdly, the manner of taking, dipoing of, and avoiding ditrees.

, firft, it is neceflary to premife, that a diftrefs, diftrictio, is the taking of a perfonal chattel out of the pofleflion of the wrongdoer into the cuftody of the party injured, to procure a fatisfadtion for the wrong committed, I. The moft ufual injury, for which a diftrefs may be taken is that of nonpayment of rent. It was obferved in a former volume that diftrefles were incident by the common law to every rent-ervice, and by particular refervation to rent-charges alfo; but not to rent-eck, till the ftatute 4 Geo. II. c. 28. extended the fame remedy to all rents alike, and thereby in effect abolifhed all material diftin&ion between them. So that now we may lay it down as an univerfal Rh