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Updated: May 22, 2025
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.
In the County Sligo, thirty families were evicted together by one landlord; they must have been one hundred and fifty individuals in all. They were somewhat in arrear. But in other cases the corn was distrained in the beginning of October for rent falling due the previous May.
No one shall be distrained for performance of greater service for a knight's fee, or for any other free tenement, than is due therefrom. Common pleas shall not follow our court, but shall be held in some fixed place.
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.
If any person after the distress is made, shall presume to remove the goods distrained, or take them away from the person distraining, the party aggrieved may sue for the injury, and recover treble costs and damages against the offender. A landlord may not break a lock, nor open a gate; but if the outer door of the house be open he may enter, and break open the inner doors.
The poorer householders were frequently unable to pay their hearth money to the day. When this happened, their furniture was distrained without mercy: for the tax was farmed; and a farmer of taxes is, of all creditors, proverbially the most rapacious. The collectors were loudly accused of performing their unpopular duty with harshness and insolence.
I find by him that the House of Parliament continues full of ill humours, and he seems to dislike those that are troublesome more than needs, and do say how, in their late Poll Bill, which cost so much time, the yeomanry, and indeed two-thirds of the nation, are left out to be taxed, that there is not effectual provision enough made for collecting of the money; and then, that after a man his goods are distrained and sold, and the overplus returned, I am to have ten days to make my complaints of being over-rated if there be cause, when my goods are sold, and that is too late.
No ecclesiastical person shall be amerced for his lay tenement, but according to the proportion of the others aforesaid, and not according to the value of his ecclesiastical benefice. Neither a town nor any tenant shall be distrained to make bridges or embankments, unless that anciently and of right they are bound to do it.
You look cursed seedy, to be sure; but I can tell Bill the waiter famous fellow, that Bill! that you are one of my tenants, come to complain of my steward, who has just distrained you for rent, you dog! No wonder you look so worn in the rigging. Come, follow me. I can't walk with thee. It would look too like Northumberland House and the butcher's abode next door taking a stroll together."
Under the Conventicle Act his goods had been distrained; and he had been flung into one noisome gaol after another among highwaymen and housebreakers.
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