The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-05-25
For The
FAMILIAR LAW.
REPLENIN.

REPLEvIN.
This writ lies for goods and chattels only.
Things affixed to the freehold cannot be
replevied. 1t is judicial W it directed to
the officer complaining Of an unjust TAX
ing and detention of goods and chattels,
commanding the officer to deliver back to
the owner the goods; the owner to give
security to return them provided they shall
be adiudged not to be his at the trial, or to
show the injustice of the taking.
This action lies to recover any goods which
have been Illegally taken. The primary
object of this action is to recover back the
chattel itself and damages for taking and
OBTAINING it. Goods III the hands of the
law cannet be replevied. The best way
being where goods are taken into execution
which belong to another party, will be i'll
many cases to wait until they are sold and
then replcvy; the party having the choice to
replevy or to sue for damages. After the
return of the summons and the defendant
fail to appear, the Justice Shall fix day
of trial not less than six nor more than
fourteen days from the return day.
The Justice has no jurisdiction if the
amount in controversy exceeds $1C0, which
value shall be determined by the apprais-
ers, who arc summoned and sworn by the
Constable. 1t is the duty Of the Constable
to deliver the goods at once into the hands
of the plaintiff.
DISTRESS.
This is a case in which the law allows a
man to be his own avenger-or to minister
redress to himself,-to diStrain cattle or
goods for non payment of rent, distraining
another's cattle, damage feasant ,-that is
doing damage or trespassing upon his land.
a distress is the taking personal chattel
out of the possession of the wrong doer
into the custody of the party injured, to
procure satisfaction for the wrong commit
teG.-3 Blackstone Commentaries.
\ distress may be taken for any kind of
rent in arrears, the detention whereof be-
yond the day of payment is an injury to
him that is entitled to receive it.
Distress for rent will not lie unless there
be an agreement for certain sum, either
i'll writing or by parole; nor is the right
to distrain for rent in arrears eXtinguished
by the acceptance of an order which is dis
honorcd. \ distress for damages feasant
may be in the night or the cattle may
escape; but for rent it must be done in the
day time. 1t cannot be made upon the
day in which the rent is payable, for it
cannot be due until the last moment of the
day. An agreement that rent may be dis
trained for before it comes due is Valid
\ distress may he had upon any part of
the landnolder, and may be in the house
when it is open; also through the doors
and windows. Whenever property shall
be removed from the premises which has
been rented, before or after the time the
rent has or will become duc,-and whether
such removal be by night or day,-thc
landlord may follow, seize and sell such
property under distress for rent due, at
any time within 60 days after the time the
rent becomes due, if the property has not
been sold to bona iile purchaser without
notice, or taken in execution. All monea-
bic goods and chattels of the tenant or
lessee may be distrained for rent, if they
are found upon the premises demised or
rented.
Utensils of trade cannot hc destrained;
nor the books of the scholar; nor the axe;
nor the instrument of the carpenter; nor
an anvil in smiths shop, if they are nee
essary for carrying on his vocation or trade,
as it is the public good that trades SHOULD
be encouraged. All goods taken under a
distress shall be sold in five days, if the
owner does not replevy them. If the ten
ant require further time for the payment
of rent, and the landlord chooses to allow
it. he should take memorandum in writ
ing from the tenant, as it will prevent the
landlord from being deemed a treSpasser,
which after five days he would be, and
longer on the premises. The following
form should be followed when the tenant
requires further time for payment of the
rent:
There insert the name of the tenant or
tenants do hereby consent that There the
name of landlordl my landlord who, on
the-day of-in the year, distrain-
ed my goods and chattels, for rent due to
him, shall continue in possession thereof,
on the premises, for the space of seven
days from the date hereof; the said land
lord undertaking to delay the sale Of the
said goods and chattels for that time. i'll
order to enable me to discharge the said
rent.
Witness, my hand this--day of--1S--
ITO be signed by the tenant or lessee
See Latrobe Justice practice, page 1S3
All the other proceedings being before
Justice of the Peace, who has the necessary
forms, it is not necessary to give them
here, except the form of making out an
account for rent due. The necessary aft
davit must be made before the Justice of
the Peace, and attached to the following
form:
JOHN JONES, Tenant,
To JOHN SMITH, Landlord, Dr.
For one quarters rent or a year or
month. as the case may bel due on the 1st
day of May last, and in arrear, for the
house Tor farm, as the case may be occu
pied by you, belonging to me, i'll Cecil
county, 500.
Ut must not be signed
J. L. WILSON.
Rats.
The following curious anecdote, furn-
ishcs another instance of the occasional con-
tdence of animals i'll others which they are
supposed to regard generally as their nat