in 



. .-::.: - 



D1THYRAMBUS. 



U,, hands or separate possession of two or nor* peron. a 



be uken for the whole rent upon the possession of any ooe of 



The lord may enter a boon to dUu-ain if the outer dour be open, 

 although there be other sufficient good* out of the house. It is not 

 lawful to break open outer door, or gate* ; but if the outer door be 

 open, an inner door may be forced. And where the lord having di* 

 trained U forcibly expelled, he may break open outer doon or gates in 

 order to ratake the distress. If a window Be open, a octree, within 

 reach may be taken out at it 



At o-mtuon law a distrea* might be taken fur rent in a street or 

 other highway being within the land demited. But now, by the 

 atatute of Marlbridgv, j rival* persons are forbidden to take distresses 

 in the highway. This statute applies only to distresses for rent or for 

 arricea, and not to toll. Nor doe* the statute make the distress 

 absolutely void ; for though the tenant may lawfully rescue cattle 

 distrained in the highway, or may bring his action on the case upon 

 the statute, yet if he brings trespass or replevin, it seems to be no 

 answer to a justification or an avowry made in respect of the rent. 



No rent can be reserved out of an incorporeal hereditament ; and 

 therefore at common law the lord could not distrain for rent in a place 

 in which the tenant had merely an incorporeal right- as a right of 

 common. By 11 Geo. II. c. 19, a. 8, landlords are enabled to take a 

 distress for rent upon cattle belonging to their tenants feeding upon 

 any common appendant or appurtenant to the land demised. But in 

 cases not within this enactment, the rule of the common law applies ; 

 and therefore upon a demise of a wharf and the appurtenances, with 

 liberty to land and load goods, the landlord cannot distrain the tenant's 

 barges lying opposite and attached to the wharf. 



VI. Mudr uf making a diitrea.A. distress may be mode either by 

 the party himself or his agent, and as distresses in manors were com- 

 monly made by the bailiff of the manor, any agent authorised to 

 distrain is colled a bailiff. The authority given to the bailiff is usually 

 in writing, and is then called a warrant of distress; but a verbal 

 authority, and even the subsequent adoption of the act by the party on 

 whoae behalf the distress is made, is sufficient In order that the 

 distrainee may know what is included in Uie distress, an inventory of 

 the goods should be delivered, accompanied, in tin- case of a distress 

 for rent, by a notice stating the object of the distress, and informing 

 the tenant that unless the rent and charges be paid within five days, 

 the goods and chattels will be sold according to law. This notice is 

 required by 2 Will A Mary, seas. 1, c. 5, s. 2, which enacts, " that 

 where any goods shall be distrained for rent due upon any demise, 

 lease, or contract, and the tenant or owner of the goods shall not, 

 within five days next after such distress taken, and notice thereof 

 with the cause of such taking, left at the chief mansion house, or other 

 most notorious place on the premises, replevy the same, with sn 

 security to be given to the sheriff, that after such distress and notice 

 and expiration of the five days, the person distraining shall and may, 

 with the sheriff or under-shcriff, or with the constable of the place, 

 cause the goods to be appraised by two sworn appraiser*, and after 

 such appraisement may sell the goods distrained towards satisfaction 

 of the rent, and of the charges of distress, appraisement, :iud sale, 

 leaving any surplus in the hands of the sheriff, under- sheriff, or con- 

 stable, for the owner's use." 



At common law, goods distrained were, within a reasonable time, to 

 be removed to and confined in on enclosure called a pound, whirh is 

 either a pound covert, that is, a complete enclosure, or a pouini 

 an enclosure sufficiently open to enable the owner to see, and, if neces- 

 sary, to feed the distress, the former being proper for goods easily 

 removed or injured, the latter for rattle ; and by 5 & 6 Will. IV. c. 

 69, a. 4, persons impounding cattle or animals in a common open or 

 close pound, or in enclosed ground, ore to supply them with food, &c., 

 the value of which they may recover from the owner. By 11 Oeo. II. 

 c. 19, s. 10, goods distrained for any kind of rent may be impounded 

 on any part of the tenant's ground, to remain there live days, 

 at the expiration of which time they are to be sold, unless sooner 

 rcplevied. The landlord is not however bound to remove the goods 

 immediately after the expiration of the five days; he is nil 

 reasonable time for selling. After the lapse of a reasonable time he is a 

 tmpaawr if he retain the goods on the premises without the express 

 assent of the tenant, which assent is generally given in writing. 

 The 1*2 Phil, and Mary, c. 12, requires that no distress of rattle 

 he removed out <>f the hundred, except to a pound overt in the 

 name county, not above three miles from the place where such 

 is taken, and that no cattle or other goods distrained at one time bo 

 impounded in several place*, whereby the owner would be obliged to 

 Me out several replevins. 



The 2 Will. & Mary, sees. I, c. 5, s. 3, directs that corn, groin, or 

 hay distrained be not removed, to the damage of the owner, out of the 

 place where the same shall be found or seized, but be kept th< i 

 replevied or cold; and 11 Oeo. II. c. 10, which gives a distress fr i. nt- 

 service upon growing crops, direct*, ss. 8 and 0, that they shall be 

 cut, gathered, and laid up, when rijur. in the barn or other proper place 

 on such premises, or if none, then in some other barn, &c., to be 

 procured for that purpose, and a* near as may be to the premises, 

 giving notice within one week of the place where such crops are 

 deposited ; and if the tenant, his executors, &c., at any time before the 



crop* distrained are ripe and cut, pay or tender the rent, costs, and 

 charges, the goods distrained are to be restored. In all other oases, if 

 the rent or other duty be paid or performed, or tendered to be paid 

 or performed before the distress is impounded, a subsequent detainer 

 is unlawful, and a subsequent impounding or driving to the pound is 

 a trespass. 



The statute* authorising the sale of distresses extend only to those 

 made for rent, and to those made for rates and other legal assessments. 

 At common law distresses cannot in general be either sold or used for 

 the benefit of the party distraining. But a distress for fines and 

 anierciaments in a court leet, nr for other purposes of public 1 

 may be sold ; and a special custom or prescription will warrant the sale 

 of a distress in cases where the public has no immediate interest. 



VII. Riijhti and rcvudia uf the dutraintc. A distress made by a 

 party who has no right to distrain, or mode for rent or other sen-ice 

 which the party offers to pay or perform, or made in the public high- 

 way, or upon goods privileged from distress either absolutely or tempo- 

 rarily, is called a im/"// >litna. Where no right to distrain exists, 

 or where the rent or duty is tendered at the time of the distress, the 

 owner of the goods may rescue them or take them forcibly out of the 

 possession of the distrainor, or bring an action of replevin, or of tres- 

 pass, at hia election. In replevin, the cattle or goods taken are to be 

 re-delivered to the owner upon his giving security by a replevin bond, 

 for returning them to the distrainor, in case a return shall be awarded 

 by the court ; and therefore, in this action, damages are recovered . nly 

 for the intermediate detention and the costs of the replevin bond. 

 [REPLEVIN.] In the action of trespass, the plaintiff recovers damage* 

 to the full value of the goods ; because, upon such recovery, the pro- 

 perty in the goods is transferred to the defendant 



The 2 Will. & Mary, sess. 1, c. 5, s. 5, provides " That in case of any 

 distress and sale for rent pretended to be due, where in truth i. 

 is due, the owner of the goods so distrained and sold may, by action of 

 trespass or upon the cose, recover double the value of such goods, with 

 full costs of suit." 



For n wrongful distress in taking goods protected by being in a street 

 or highway, or goods privileged from distress, the remedy is by on 

 action on the statute, in which the plaintiff is entitled to an immediate 

 return as in replevin. 



If the cattle or goods distrained cannot be found, the sheriff may 

 take other cattle or goods in wither-nam (by way of counter-distress) of 

 the same or of a different kind, belonging to the distrainor, and deliver 

 them to the distrainee instead of his own. 



Another species of wrongful distress is rc-taption, or the taking of the 

 same or other goods of the distrainee for the same causes pending an 

 action of replevin, ill which the legality of the first distress is 

 questioned. 



Wherever a distress is wrongful, the owner of the goods may rescue 

 them from the distrainor ; but after they are actually impounded, they 

 are said to be in the custody of the law, and must abide the deU mii- 

 nation of the law. 



Whether goods are rightfully or wrongfully distrained, to take them 

 out of the pound is a trespass and a public offence. The pro. 

 by action is a more prudent course than making a rescue, even before 

 an impounding, where any doubt exists as to the lawfulness of the 

 distress. Independently of the danger of provoking a breach of the 

 peace by the rescuer's thus taking the law into his own hands, he will 

 be liable to an action for the injury sustained by the distrainor by the 

 loss of the security of the distress, should the distress ultimately turn 

 out to be lawful; and in such action, as well as in the action for pound- 

 breach, the rescuer will be liable, under 2 Will. & Mary, BOSS. 1, c. 5, s. 4, 

 to the payment of treble damages. 



A distress for more rent, or greater services than are due, or where 

 the value of the property taken is visibly disproportionate to the rent 

 or other appreciable service, is colled an txccuire diitren, for which the 

 party aggrieved is entitled to recover compensation in an action ; but 

 he cannot rescue, nor can he replevy or bring trespass. 



Upon a distress rightfully taken being afterwards irregularly c> in- 

 ducted, the subsequent irregularity at common law mode the whole 

 Sroceediiig wrongful, and the party was said to be a trespasser a' 

 ut now, by 11 Oeo. II. c. 19, where distress is made for rent justly 

 due, and any irregularity or unlawful act is afterwards done by the 

 party distraining, or his agent, the distress itself is not to be deemed 

 unlawful nor the party making it a trespasser ; but the person aggrieved 

 by such irregularity, &c., may recover satisfaction for the special damage 

 sustained. And sec Bracton ; Kleta ; Coke upon Littleton ; Bacon, 

 M, and Viner'i ' Abridgments ; ' and Blackstone's ' Commentaries,' 

 by Dr. Kerr. 



DISULI'HKTHYLIC ACID. IKnuuMr -Uin], 



DI8ULPHONAPHTHALIC ACID. [NACHTUAUC OBOUP.] 



I 'IT. ||. I'.-, -no*.] 



DITHIOBENZOL.IC ACID (< . i-HOi. A product of 



in of sulphite of ammonia on diuitrobenzole. It is bi basic and 

 I from its salts. 



DITHION1C ACID. [Sri . ,lj>l,ro<u Acid.] 



D1TH VRAM BUS, the name of a hymn in honour of Dionysus, sung 

 by a chorus of fifty men or boys as they danced round the blazing 

 altar of the god ; from this peculiarity it was also called < 

 V ( /;,-;/ chorus. The original subject of the song was the birth of 



