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1036
Enquire within upon everything
·
Robert Kemp Philp
554
1522.
Remedies
to
Recover
Rent.
Distress
is
the
most
efficient
remedy
to
recover
rent,
but
care
should
be
taken
that
it
be
done
legally;
if
the
distress
be
illegal,
the
party
aggrieved
has
a
remedy
by
action
for
damages.
Excessive
distresses
are
illegal.
The
distrainer
ought
only
to
take
sufficient
to
recover
the
rent
due,
and
costs;
if,
however,
the
articles
sell
for
a
greater
sum
than
is
sufficient
to
pay
these,
the
remainder
must
be
returned
to
the
tenant,
who
can
demand
a
bill
of
the
sale,
and
recover
the
overplus,
if
any.
[PLAY
NOT
WITH
EDGED
TOOLS.]
1523.
Distress,
Legal
and
Illegal.
A
distress
can
be
made
only
for
rent
that
is
due,
and
cannot
be
made
until
the
day
after,
nor
unless
it
has
been
demanded
by
the
landlord
or
his
agent.
The
outer
door
must
not
be
broken
open
for
the
purpose
of
distraining,
neither
can
the
distress
be
made
between
sun-setting
and
sun-rising,
nor
on
Sunday,
Good
Friday,
or
Christmas-day;
nor
after
the
rent
has
been
tendered
to
the
landlord
or
his
agent.
A
second
distress
can
be
made,
if
the
value
of
the
first
is
not
enough
to
pay
the
real
and
costs,
but
not
if,
at
the
time
of
making
the
first
distress,
there
were
sufficient
goods
upon
the
premises
to
satisfy
the
full
amount,
if
the
landlord
had
then
thought
proper
to
take
them.
Wearing
apparel
and
bedding
of
debtor
and
his
family,
and
tools
or
implements
of
trade
to
the
value
of
£5
are
exempt
from
seizure,
except
where
a
tenant
holds
possession
after
term
of
tenancy
or
notice
to
quit
has
expired.
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