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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.
They are, in general, content with the virtue of justice and punctuality towards their employer; part of which they conceive to be a rigorous exaction of his rents, and, where difficulty occurs, their process is simply to distrain and to eject a rigor that must ever be prejudicial to an estate, and which, practised frequently, betrays either an original negligence, or want of judgment in choosing tenants, or an extreme inhumanity towards their incidental miscarriages.
I making no answer, he went on and said: "Well, well! but if you have no money, you have a good horse under you, and we can distrain him for the charge." "But," said I, "the horse is not mine." "No," said he; "but you have a good coat on your back, and that I hope is your own." "No," said I, "but it is not, for I borrowed both the horse and the coat."
Thence by water at 10 at night from Westminster Bridge, having kissed little Frank, and so to the Old Swan, and walked home by moonshine, and there to my chamber a while, and supper and to bed. 25th. Received a writ from the Exchequer this morning of distrain for L70,000, which troubled me, though it be but, matter of form. To the office, where sat all the morning.
Yet notwithstanding his good asseheaded honor mine host, perseuered in his former simple request to the king to accept of the surrender of his landes, and allowe him a beadsmanry or out-brother-ship of brachet, which at length, through his vehement instancie tooke effect, and the king ieastingly sayd, since he would needs haue it so, he would distrain on part of his land for impost of syder, which hee was behinde hande with him, and neuer payd.
If the farmers thereabouts were to be trusted, I knew Old Legion's bailiff would shortly be at hand, to distrain upon a soul escheat and forfeited to Dis by many years of cruel witchcrafts, close wiles, and nameless sorceries; and I could never abide unpared nails, even though they be red-hot.
This country, too, has an immense capital invested in the funds and securities of foreign nations, and in this way draws tribute from the world, though, unhappily, we are being made sensible of the fact that money lent to a foreign government is lent to a debtor on whom you cannot distrain. But the sources of this fabulous prosperity, are they inexhaustible? In part, we may hope they are.
It is recorded that the cattle roamed at will over the standing corn with none to tend them, and that there had been none to make the lord's hay; that among others who had died there were five substantial men among the homagers on whose lands heriots of more or less value were due; but no heriot was recoverable, inasmuch as since the last court certain persons unknown had plundered all that could be carried off cattle and sheep and horses and goods, and there was nothing to distrain upon but the bare lands and the bare walls.
I have heard of a revenue-collector who would distrain the huts of the peasantry, that he might enrich the treasury of the sovereign, regardless of that maxim of the wise, who have said, "Whoever can offend the Most High, that he may gain the heart of a fellow-creature, God on high will instigate that creature against him, till he dig out the foundation of his fortune: That crackling in the flame is not caused by burning rue, but it is the sigh of the afflicted that occasions it."
He did not like Elizabeth, but then he did not see very much of her, and the old farmer clergyman was amusing in his way, with his endless talk of tithes and crops, and the iniquities of the rebellious Jones, on whom he was going to distrain. For the first day or two Geoffrey had no more conversations with Beatrice.
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