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Updated: June 18, 2025
Previous thereto, the landlord had the power of distraint, but he merely held the goods he seized to compel the tenant to perform personal service. It would be impossible for a tenant to pay his rent if his stock or implements were sold off the land.
Mr Templeton, then, had refused, as a point of conscience, to pay the church-rate when the collector went round to demand it; had been summoned before a magistrate in consequence; had suffered a default; and, proceedings being pushed from the first in all the pride of Mr Brownrigg's legality, had on this very day been visited by the churchwarden, accompanied by a broker from the neighbouring town of Addicehead, and at the very time when I was hearing of the fact was suffering distraint of his goods.
"You are too exclusively Marneffe, Monsieur Marneffe," said Hulot, rising and showing the clerk the door. "I have the honor to wish you good-morning, Monsieur le Baron," said Marneffe humbly. "What an infamous rascal!" thought the Baron. "This is uncommonly like a summons to pay within twenty-four hours on pain of distraint."
The confinement on board a slave-ship had been also bitterly complained of; but, under distraint for the debt of a master, the poor slave might linger in a gaol twice or thrice the time of the Middle Passage.
Worst of all was it when they were unable to pay even the few shillings required; they then had to undergo the hardship and disgrace of distraint, and see their furniture seized and sold by the tax-collectors.
"You are driving me to despair!" "What do I care?" said he, shutting the door. She was stoical the next day when Maitre Hareng, the bailiff, with two assistants, presented himself at her house to draw up the inventory for the distraint.
Among the exhibitions of this influence is an act passed in the reign of George II., which extended the power of distraint for rent, and the right to sell the goods seized to all tenancies.
Not only were the poor old couple evicted with the least possible delay, but their few "sticks of furniture," precious to themselves and worth absolutely nothing to anybody else, were seized and carried off to Monavoe there being no bidders at the sale which Peter held in "distraint for rent."
The elder Mirabeau too has told how he saw a bailiff cut off the hand of a peasant woman who had clung to her kitchen utensils when distraint was made on her poor possessions for dues exacted by the tax-farmers. In 1776 two poor starving wretches were hanged on the gallows of the Place de Grève at Paris for having stolen some bread from a baker's shop.
When James revived the distraint of knighthood it was the sheriffs who were required to make out lists of all who had 40 Pounds a year of lands or rents and to order them to appear at court and receive knighthood.
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