*the statute in such case made and provided, but contriving wrongfully, ILLEGAL DISTRESSES. [334] goods suffi cient to dis train (p). [Commencement as ante, 287.]—For that whereas the said C. D. on, On stat.Marlb &c. at, &c. took and distrained the beasts of the plough, and sheep of 51 H. 3. s. 4. for distraining the said A. B. to wit, &c. then being in and upon certain land and pre- beasts of the mises, with the appurtenances, of the said A. B. situate, &c. and where- plough, and sheep, there by and wherewith he the said A. B. then tilled his said land, not for being other damage feasant, but for certain rent, to wit, the sum of L.—, then supposed to be due and owing from the said A. B. to the said C. D. for and in respect of the said land and premises, with the appurtenances, although there were then and there other goods and chattels of the said A. B. in and upon the said land and premises, with the appurtenances, [335] not being beasts of the plough or sheep, sufficient for a reasonable distress for the rent aforesaid, and the said C. D. afterwards, to wit, on, &c. at, &c. aforesaid, sold the said beasts of the plough, and the said sheep, and converted and disposed of the money arising from the sale thereof, to the use of him the said C. D. contrary to the form of the statute in such case made and provided. [Add a count in trover, and conclude as ante, 287.] [Commencement as ante, 287.]-For that whereas the said A. B. be- For distrain. fore and at the time of the committing of the grievance hereinafter ing for more (^) See the precedents, 8 Wentw. 430.443-4. The first was in trespass, and both the precedents conclude against the peace. As to the law, see Com. Dig. tit. Trespass, C. 4. 4 T. R. 565. 1 Bott. 244. Gilb. Dist. by Hunt, 36. &c. Co. Lit. 47. a. n. 117. The declaration need not shew that there was a sufficient distress of other (9) This action is at common law, rent than was due (9) DISTRESSES. ILLEGAL next mentioned held and occupied certain premises, with the appurte nances, situate and being in, &c. as tenant thereof to the said C. D. at and under a certain rent therefore payable by the said A. B. to the said C. D. to wit, at, &c. aforesaid. Yet the said C. D. contriving and maliciously intending wrongfully and unjustly to injure the said A. B. in this behalf, heretofore, to wit, on, &c. at, &c. aforesaid, falsely and maliciously pretending that a certain large sum of money, to wit, the sum of L., of lawful money, &c. was then due and in arrear from the said A. B. to the said C. D. for rent of the said premises, with the appurtenances, wrongfully and unjustly seized and took certain cattle, to wit, &c. of the said A. B. then found and being in and upon the said lastmentioned premises, of great value, to wit, of the value of L.-, of like lawful money, as a distress for the said sum of money so pretended to be due and in arrear as aforesaid, and under that pretence kept and detained the said cattle of the said A. B. from him the said A. B. for a long space of time, to wit, for the space of days then next following, and until he the said A. B. in order to regain the possession of his said cattle, was forced and obliged to pay, and did pay to the said C. D. the said [* 336] pretended arrears of rent, and a large sum of money, to wit, *the sum of L., for the costs and charges of the said distresss and expenses incidental thereto. Whereas in truth and in fact, at the time of the making of the said distress as aforesaid, and during all the time aforesaid, a small part only, to wit, the sum of L.—, of the said sum of money so pretended to be due and in arrear as aforesaid, was due and in arrear from the said A. B. to the said C. D. for the rent of the said tenements, with the appurtenances, to wit, at, &c. aforesaid. [Add a count for an excessive distress for the rent really due, as in the next precedent, and a count in trover, and conclude as ante, 287.] For taking an [Commencement as ante, 287.]-For that whereas the said A. B. beexcessive disfore and at the time of the committing of the grievance hereinafter tress for rent, on stat. Marlb. next mentioned, held and enjoyed certain lands and premises, with the 32 H. 3. c. 4. appurtenances, situate, &c. as tenant thereof to the said C. D. at and (r). under a certain rent therefore payable by the said A. B. to the said C. D. for the same, of which said rent, at the time of the committing of the grievance hereinafter next mentioned, a certain small sum of money, to wit, the sum of L.-, and no more, was due and in arrear from the said A. B. to the said C. D. Yet the said C. D. not regarding the statute in such case made and provided, but wrongfully and maliciously contriving and intending to injure and oppress the said A. B. in this 851. For a distress when no rent is 851.3 Lev. 48. and not by trespass or (r) See also 51 H. 3. c. 4. Gilbert's Dist. by Hunt, 65 to 68. The remedy must be on the above stat. 2 Stra. ILLEGAL DISTRESSES. behalf, heretofore, to wit, on, &c. at, &c. aforesaid, wrongfully and maliciously took and distrained for the said arrears of rent certain goods and chattels, to wit, &c. of the said A. B. of much greater value than the amount of the said arrears of rent, to wit, of the value of L.—, and thereby took a great and unreasonable distress for the said arrears of rent, when at the time of the taking of the said distress as aforesaid, a certain part of the said goods and chattels so distrained as aforesaid, to *wit, one half thereof then was of sufficient value to have satisfied [ 337 ] the said arrears of rent, and the charges of the said distress, and of the appraisement and sale thereof, to wit, at, &c. aforesaid, contrary to the form of the statute in such case made and provided.-[Add a count in trover, and conclude as ante, 287. but see 1 Burr. 582. 9 East. 298.] - distress above three miles & M. c. 12. (s). For that whereas the said C. D. heretofore, to wit, on, &c. in the For driving a hundred of in the county of to wit, at, &c. took and distrained divers cattle, to wit, of him the said A. B. of great value, out of the hun. to wit, of the value of L., as and for and in the name of a distress dred, 1 & 2 P. for certain, rent, and the said C. D. not regarding the statute in such case made and provided, and contriving to injure and aggrieve the said A. B. afterwards, to wit, on the same day and year last aforesaid, drove the said last-mentioned distress out of the said hundred, in which the said distress was so taken as aforesaid, into a certain other hundred, to wit, the hundred of — in the county aforesaid, and to a place above three miles, to wit, twelve miles distant from the place where the same was so taken as aforesaid, that is to say, to — in contempt of our said lord the king and his laws, and against the form of the statute in such case made and provided. [Commencement as ante, 287.]-For that whereas the said C. D. For impoundheretofore, to wit, on, &c. at, &c. seized and took divers goods and ing goods dis trained off the tenant notice [* 338 ] chattels, to wit, &c. of the said A. B. of great value, to wit, of the premises and value of L., then found and being in a certain messuage or tene- not giving the ment, with the appurtenances, situate, &c. as for and in the name of a (t). distress for certain supposed arrears of rent, to wit, for the sum of L., pretended to be due and in arrear from the said A. B. to the said C. D. for and in respect of the said messuage or tenement, with the appurtenances, and then and there carried away and removed the said goods and chattels, and impounded the same off the said mes (8) See the precedent, Co. Ent. 43. b. Rastell. 164. and 2 Taunton. 252. where the distress was taken damage feasant, the party might also proceed on 52 H. 3. c. 4. The statute entitles the party aggrieved to 51. and treble damages. As to the venue, see 2 Taunt. 252. 2 Campb. 266. No costs on this statute, Hullock. 476. (t) 2 W. & M. c. 5. s. 2. 11 Geo. 2. c. 19. s. 10. As to what notice is necessary, and how to be given, see Moss v. Gallimore, Dougl. 279. Ld. Raym. 54. 1 H. B. 13. Gilbert's Distresses, by Hunt, 76. &c. 9 East. 298. ILLEGAL suage or tenement, with the appurtenances. Nevertheless the said DISTRESSES. C. D. contriving, and wrongfully and unjustly intending to injure the For refusing to restore goods dis. trained for rent, on tender of the rent and costs (u). [* 339 ] said A. B. and not regarding the statute in such case made and provided, did not, nor would, give due and proper notice of the said distress, and of the cause of taking the same, or of the place to which the said goods and chattels were removed, to the said A. B. or leave the same at the said messuage or tenement, with the appurtenances, but wholly neglected so to do, and therein failed and made default, contrary to the form of the statute in such case made and provided, and to the damage, &c. [Commencement as ante, 287.]—For that whereas the said C. D. heretofore, to wit, on, &c. at, &c. had taken and distrained divers goods and chattels of the said A. B. of great value, to wit, of the value of L.- there then found and being as and for and in the name of a distress for certain rent, to wit, the sum of L. then due and in arrear from the said A. B. to the said C. D. for and in respect of a certain messuage, with the appurtenances, before then held and occupied by the said A. B. as tenant thereof to the said C. D. and thereupon afterwards, and whilst the said C D. was in possession of the said lastmentioned goods and chattels, under such distress as aforesaid, to *wit, on, &c. aforesaid, at, &c. aforesaid, tendered and offered to the said C. D. in satisfaction and discharge of the said arrears of rent, and the costs and charges of the said distress, a certain large sum of money, to wit, the sum of L., the same being then and there a sufficient sum to satisfy and discharge the said arrears of rent, together with all the costs and charges of the said distress, and then and there requested the said C. D. to re-deliver and restore the said goods and chattels to him the said A. B., and although the said C. D. then and there ought to have accepted and received the said sum of money from the said A. B. in discharge of such arrears of rent and the costs and charges of the said distress, and to have re-delivered and restored the said goods and chattels to him the said A. B. ; yet the said C. D. contriving, and wrongfully and unjustly intending to harass, oppress, and aggrieve the said A. B. in this behalf, did not, nor would when he was so requested as aforesaid, or at any other time, accept or receive the said sum of money from the said A. B. in satisfaction and discharge (u) See the precedent, 8 Wentw. and before the impounding, makes 440. and the like in the case of a dis- the detainer and not the taking tress damage feasant, id. 392. But wrongful; tender after the impoundthis latter is not sustainable, 1 ing makes neither the one nor the Campb. 285. 1 Taunton. 261. 1 Bos. other wrongful; but in the case of a & Pul. 382. According to these cases, distress for rent, upon the equity of and to 8 Co. 147. a. Gilbert's Distr. the statute 2 W. & M. c. 5. a sale of by Hunt. 57. 88. tender upon the land the distress after tender of the rent before the distress makes the distress and costs, would be illegal. tortious; tender after the distress, of the said arrears of rent, and the costs and charges of the said lastmentioned distress, or re-deliver or restore the said goods and chattels, or any part thereof, to the said A. B. but then and there wholly neglected and refused so to do, and hath hitherto wrongfully and injuriously kept and withheld the said last-mentioned goods and chattels from the said A. B. and hath converted and disposed thereof to his own use, to wit, at, &c. aforesaid.—[Add count in trover.] ILLEGAL DISTRESSES. [⚫ 340]. For that whereas the said C. D. heretofore, to wit, on, &c. at, &c. For selling a distress withseized and took divers goods and chattels, to wit, &c. of the said A. B. in five days, on of great value, to wit, of the value of L.- then found and being in the equity of 2 and upon a certain farm, lands, and premises, situate, &c. in the name W. & M. c. 5. of a distress for certain arrears of rent, pretended to be due and paya-. ble for the same to him the said C. D., and then and there gave notice thereof to the said A. B. (x); yet the said C. D. not regarding the statute in such case made and provided, and contriving, and wrongfully and unjustly intending to injure the said A. B. in this behalf, and to deprive him of his said goods and chattels, and of the use, benefit, and advantage thereof, and to prevent him from replevying the same afterwards, and before the expiration of five days next after such distress so taken and made, and such notice thereof so given as aforesaid, to wit, within the space of five days thence next following, to wit, on, &c. aforesaid, at, &c. aforesaid, wrongfully, unlawfully, and and unjustly did sell and dispose of the said goods and chattels, without the leave or licence, and against the will of the said A. B. whereby he the said A. B. was not only hindered and prevented from replevying the said goods and chattels so distrained as aforesaid, but was also deprived of such reasonable and sufficient time as in that respect is allowed by law, for the raising, obtaining, and procuring money to pay and discharge the rent so pretended to be due and in arrear as aforesaid, and the costs of the said distress; and the said A. B. hath also thereby wholly lost and been deprived of the said goods and chattels, and of the use, benefit, and advantage thereof, to wit, at, &c. aforesaid. distrained [Commencement as ante, 287.]-For that whereas the said C. D. For not reheretofore, to wit, on, &c. at, &c. seized and took divers cattle, goods, moving goods and chattels, to wit, &c. of the said A. B. of great value, to wit, of the within a reavalue of L.- then found and being in and upon a certain farm, sonable time after the lands, and premises of the said A. B. situate, &c. in the name of a diselapse of the tress for certain arrears of rent pretended to be due and payable for five days (y). (x) This is not necessary, Lutw. the proper form of action, where the 214. (y) This count, founded on the equity of the 2d W. & M. c 5. s. 2.; and 11 Geo. 2. c. 19. s. 10. bas fre quently been adopted, but trespass is party distraining continues too long |