the reaſon why the law allows this private and ſummary method of doing one's ſelf juſtice, is becauſe injuries of this kind, which obſtruct or annoy ſuch things as arc of daily convenience and uſe, require an immediate remedy; and cannot wait for the ſlow progreſs of the ordinary forms of juſtice.
V. A fifth caſe in which the law allows a man to be his own avenger, or to minifter redrefs to himfelf, is that of dljlreining cattle or goods for nonpayment of rent, or other duties ; or, diftreining another's cattle damage-feafant, that is, doing damage, or trefpafling, upon his land. The former intended for the benefit of landlords, to prevent tenants from fecreting or withdrawing their effects to his prejudice ; the latter arifing from the necefiity of the thing itfelf, as it might otherwife be impofiible at a future time to afcertain, whofe cattle they were that committed the trefpafs or damage.
As the law of diſtreſſes is a point of great uſe and conſequence, I ſhall confider it with ſome minuteneſs, by enquiring, firſt, for what injuries a diſtreſs may be taken; ſecondly, what things may be diſtreined; and, thirdly, the manner of taking, diſpoſing of, and avoiding diſtreſſes.
I. And, firft, it is neceflary to premife, that a diftrefs[1], diftrictio, is the taking of a perfonal chattel out of the pofleflion of the wrongdoer into the cuftody of the party injured, to procure a fatisfadtion for the wrong committed, I. The moft ufual injury, for which a diftrefs may be taken is that of nonpayment of rent. It was obferved in a former volume[2] that diftrefles were incident by the common law to every rent-ſervice, and by particular refervation to rent-charges alfo; but not to rent-ſeck, till the ftatute 4 Geo. II. c. 28. extended the fame remedy to all rents alike, and thereby in effect abolifhed all material diftin&ion between them. So that now we may lay it down as an univerfal
