1523. Distress, Legal and Illegal
A distress can be made only for rent that is due, and cannot be made until the day after, nor unless it has been demanded by the landlord or his agent. The outer door must not be broken open for the purpose of distraining, neither can the distress be made between sun-setting and sun-rising, nor on Sunday, Good Friday, or Christmas-day; nor after the rent has been tendered to the landlord or his agent. A second distress can be made, if the value of the first is not enough to pay the real and costs, but not if, at the time of making the first distress, there were sufficient goods upon the premises to satisfy the full amount, if the landlord had then thought proper to take them. Wearing apparel and bedding of debtor and his family, and tools or implements of trade to the value of £5 are exempt from seizure, except where a tenant holds possession after term of tenancy or notice to quit has expired.
1524. Seizure of Goods removed
Goods conveyed off the premises to prevent a distress may be seized anywhere within thirty days after the removal, and if force is resorted to by the landlord, it must be in the presence of a constable; but goods removed before the rent is actually due cannot be followed, but the rent can be recovered by action as a debt in the County Court. The general rule is, that nothing can be distrained which cannot be returned in the same condition as before the distress was made.
1525. Appraisement
Section 1 of the Act 2 W. and M., cap. 5, requiring appraisement before sale of goods, is repealed, and appraisement is not necessary unless demanded in writing by the tenant, or owner of the goods, who must pay the cost of such appraisement and subsequent removal of goods for sale. Appraisement made by the distraining broker, or any interested person, is illegal.