Page:Prerogatives of the Crown.djvu/229

Ch. XI. Sec. I.] Revenue. 209 for, if they be underlet for years or at will, the under-tenant's effects are not liable to the King («). The King may, howe- ver, distrain on lands so underlet after his rent distrained for accrued due [h And the King may distrain in the high- way (c). In general, this prerogative is peculiar to the Crown; and its grantee cannot exercise it[d). But even at common law, if the King granted to a subject a reversion or services, the estate passed immediately without attornment, and the grantee might distrain {e unless in the case of lands held of the Duchy of Lancaster, and not situate within the county palatine [f). And by force of the statute 22 Car. 2. c. 6. for the sale of Crown fee- farm rents {g the vendees of such rents may distrain on all the lands of the original grantor. And, it seems, that either the King or his vendees, may make such a distress, although the lands distrained upon be under a sequestration out of Chancery (Ji), It seems that the tenant may replevy on the Crown distress for rent(e), though a replevy on a distress for a fee-farm rent or other duty to the Crown [k or on a seizure in order to con- demnation {/), is not, it appears, allowable. As the King may distrain on all his tenants' lands, he may reserve rent out of inheritances which are incorporeal, as com- mons, tithes, fairs, &c. {m). So the King may, contrary to the general rule, reserve rent payable to a stranger [n). But where the King made a lease of his house, belonging to his house- keeper, of Whitehall, reserving a rent to the house-keeper for (a) Bro. Prerog. pi. 68, 77. 2 Inst. (g) And see 26 Geo. 3. c. 87. 30 132. 4 Ibid. 119. 3 Leon. 124. 4 Geo. 3. c. 50. 34 Geo. 3. c. 75. But Rep. 56, Plowd. 227. 16 Vin. Ab. not entitled to process of extent. 22 513, 4. tit. Prerog. F. Bac. Ab. Pre- Car. 2. c. 6. s. 8. rog. K. 3. 2 Vernon, 714. (Ji) 2 Vern. 713. 1 P. Wms. 306. (A) 1 Rol. Ab. 670. Bradby on Distr. (i) Bro. tit. Repl. pi. 51. per Hide io 92. the Lords. 3 Rush. 1361. Bac. Ab. (c) 2 Inst. 151. Replevin, C. (d) Bro. tit. Prerog. 68. Vin. uhi (Jc) Bunb. R. 14. svpra, (I) Anstr. 212. (e) 1 RoL Ab. 291. Bradby Distr. (w) Ibid. Co. Lit. 47, a. n. 1. 93. (n) Moor, 162. Co. Lit. 143, b. 2 </) Co. Lit. 314, b. Plowd. 221. Rol. Ab. 447. 4 Inst. 209. ^ • p the