not a part at one time and the remainder at
another, if there was at first a sufficiency; but if the landlord should
mistake the value of the things, he may make a second distress to supply
the deficiency. He must be careful to demand neither more nor less than
is due; he must also shew the certainty of the rent, and when it was
due; otherwise the demand will not be good, nor can he obtain a
remedy.--A landlord may distrain whatever he finds on the premises,
whether it be the property of his tenant or not, except such things as
are for the maintenance and benefit of trade; such as working tools and
implements, sacks of corn, or meal in a mill. Neither fixtures in a
house nor provisions can be distrained, nor any other article which
cannot be restored in as good a state as when it was taken; but wearing
apparel may be distrained when they are not in use. Money out of a bag
cannot be distrained, because it cannot be known again; but money sealed
up in a bag may. A horse in a cart cannot be distrained, without also
taking the cart; and if a man be in the cart, these cannot be taken. A
horse bringing goods to market, goods brought to market to be sold,
goods for exportation on a wharf or in a warehouse, goods in the hands
of a factor, goods delivered to a carrier to be conveyed for hire, wool
in a neighbour's barn, are all considered as goods in the hands of a
third person, and cannot therefore be distrained by a landlord for rent.
But goods left at an inn or other place of conveyance, a chaise or
horse standing in a stable, though the property of a third person, may
be distrained for rent. A distress must not be made after dark, nor on
the Sabbath day.--Where a landlord means to distrain for rent, it is not
necessary to demand his rent first, unless the tenant is on the premises
on the day of payment, and ready to pay it. But if goods are distrained,
and no cause given for so doing, the owner may rescue them, if not
impounded. Distraining part of the goods for rent in arrear, in the name
of the whole goods, will be deemed a lawful seizure. But if distress and
sale be made for rent when it can be proved that no rent is due or in
arrear, the person so injured may recover double the value of such goods
distrained, with full costs of suit. If goods be impounded, though they
have been distrained without a cause, a tenant cannot touch them,
because they are then in the hands of the law; but if not impounded or
taken away, he is a