t care should
be taken that it be done legally; if the distress be illegal, the
party aggrieved has a remedy by action for damages. Excessive
distresses are illegal. The distrainer ought only to take sufficient
to recover the rent due, and costs; if, however, the articles sell for
a greater sum than is sufficient to pay these, the remainder must be
returned to the tenant, who can demand a bill of the sale, and recover
the overplus, if any.

[PLAY NOT WITH EDGED TOOLS.]

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 L5 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before sale of goods, is repealed, and appraisement is not necessary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.

1526. Ba