The day after rent falls due, he may proceed to
recover it, by action at law, by distress on the premises, or by action
of ejectment, if the rent is half a year in arrear. Distress is the
remedy usually applied, the landlord being authorized to enter the
premises, seize the goods and chattels of his tenant, and sell them, on
the fifth day, to reimburse himself for all arrears of rent and the
charges of the distress. There are a few exceptions; but, generally, all
goods found on the premises may be seized. The exceptions are--dogs,
rabbits, poultry, fish, tools and implements of a man's trade actually
in use, the books of a scholar, the axe of a carpenter, wearing apparel
on the person, a horse at the plough, or a horse he may be riding, a
watch in the pocket, loose money, deeds, writings, the cattle at a
smithy forge, corn sent to a mill for grinding, cattle and goods of a
guest at an inn; but, curiously enough, carriages and horses standing at
livery at the same inn may be taken. Distress can only be levied in the
daytime, and if made after the tender of arrears, it is illegal. If
tender is made after the distress, but before it is _impounded_, the
landlord must abandon the distress and bear the cost himself. Nothing of
a perishable nature, which cannot be restored in the same condition--as
milk, fruit, and the like, must be taken.

2720. The law does not regard a day as consisting of portions. The
popular notion that a notice to quit should be served before noon is an
error. Although distraint is one of the remedies, it is seldom advisable
in a landlord to resort to distraining for the recovery of rent. If a
tenant cannot pay his rent, the sooner he leaves the premises the
better. If he be a rogue and won't pay, he will probably know that nine
out of ten distresses are illegal, through the carelessness, ignorance,
or extortion of the brokers who execute them. Many, if not most, of the
respectable brokers will not execute distresses, and the business falls
into the hands of persons whom it is by no means desirable to employ.

2721. Powers to relieve landlords of premises, by giving them legal
possession, are given by 19 & 20 Vict., cap. 108, to the county courts,
in cases where the rent does not exceed L50 per annum, and under the
circumstances hereinafter mentioned; i.e.:--

1. Where the term has expired, or been determined by notice to
quit.

2. Where there is one half-year's rent in arrear, and _the