Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/19

Ch. 1. principle, that a diftrefs may be taken for any kind of rent in ar- rear ; the detaining whereof beyond the day of payment is an injury to him that is entitled to receive it. 2. For neglefting to do fuit to the lord's court ', or other certain perfonal fervice m , the lord may diftrein, of common right. 3. For amercements in a court-leet a diftrefs may be had of common right, but not for amercements in a court-baron, without a fpecial prefcription to warrant it ". 4. Another injury, for which diftreftes may be taken, is where a man finds beafls of a ftranger wandering in his grounds, damage-feafant ; that is, doing him hurt or damage, by treading down his grafs, or the like; in which cafe the owner of the foil may diftrein them, till fatisfa<5lion be made him for the injury he has thereby fuftained. 5. Laftly, for feveral duties and penalties innidted by fpecial adts of parliament, (as for aftefT- ments made by commiffioners of fewers, or for the relief of the poor p ) remedy by diftrefs and fale is given ; for the particulars of which we muft have recourfe to the ftatutes themfelves : re- marking only, that fuch diflreffes q are partly analogous to the antient diftrefs at common law, as being repleviable and the like ; but more refembling the common law procefs of execution, ' by feinng and felling the goods of the debtor under a writ of jieri facias, of which hereafter.

as to the things which may be diftreined, or taken in diftrefs, we may lay it down as a general rule, that all chattels perfonal are liable to be diftreined, unlefs particularly protected or exempted. Inftead therefore of mentioning what things are diftreinable, it will be eafier to recount thofe which are not fo, with the reafon of their particular exemptions r. And, i. As every thing which is diftreined is prefumed to be the pro- perty of the wrongdoer, it will follow that fuch things, wherein no man can have an abfolute and valuable property (as dogs, cats, 1 Bro. Atr. tit. diftreft. 15. P Stat. 43 Eliz. C. 2. 111 Co. Litt. 46. t 4 Burr. 589. - Brownl. 36. Co. Litt. 47. Stat. 7 Ann. c. 10. Rh