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Page:United States Reports, Volume 2.djvu/75

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Philadelphia Cohar or Comtou Pens. 69 _ F wu: thed ee: of Brad , iuBr•wu’:ReportsinCha¤eery 119:1. y 42.4 that rigihzn remainedbiltiythe diitrainor. By the replevin, the fecuritics in the bond are fubltituted in the place of the goods, which are rellzored to the tenant, as his foie property 5 he may fell them; they may be taken in execution ; and they become lia- ble to any future lien or incumbtanee. Upon the memo balm- da, if the identical goods diltrained, are found in the hands of the tenant undifpofed of, and unincumbered, they may taken by the Sheriff; if not, after an Elmgata returned, a {Hiber- num may go againll. the general goods of the tenant. ` ` As to the removal of the goods by the tenant, and the fubfe- quent appra¢mmt, it will be proper to take notice o£ the alte·· rations made in the common law, by the llatutes in England, and our aét of Aifemhly. Diltrelfcs for rent being, at common law, in nature onzlycgf pled s, the dilltrainor had no power to fell or difpofe of , till 5; {tatute of -2 W fs' M. r. 5. f 2. which direéls, that, if upon a diltreis made, the tenant did not in live days after re- plevy the fame, the perfon dilltraiuing might, with a proper 05- cer, eaufe the goods diltrained, to be appraifed, and after fuclv appraifement to be fold. The itatute of 1 1 Gm. 2. é. rg. makes it lawful for the diflrainor to impound the diitrefs on the pre- mifes, and their to appraife, fell, and difpofe of them. Our a& of Allizmbly purfues in general the direétions of the fixture of William, and contains fome of the claufes of the latter itatute, but omits that which empowers the landlord to impound on the premifes : the ufage, however, has been, both before and linee our act of Alfembly, to impound on the premifes agreeahly to the direélions of the a& of Geo. l2ll¢’2d• Whether that ufage will amount to an adoption of the llatute, need not be conlider- ed in the prefent cafe, beeaufe the goods did not remain upon · the premifcs that length of time, which the flatute requires to- give the landlord a right to appraife and fell them without a re- ' ` moval ; but it is material to conlider whether under our aft of · Ailembly he might not legally leave themon the premifes ,for · _ . the {pace of time which he appears to have done. The claufe in the {latute of lWlliam before recited, is tranfcribcd, almoil ver- · lmiim, in the aét of Aifembly. The cafe of Grfn ·v¢r_/in Scot, in 2 Sim. 717. was determined many years previous to the Ita- mte of rr. G. 2. It was an action of trefpafs againllaland- " lord, for entering his houfe, : nd keeping poildlion of his goods .. for eight days. The defendavt juitiiied, under a diitrefs for rent: And the €ourt {'ay in that cafe, that the defendant ought to have- removed the goods al 1/$¢·_ji`·v¢ day: md, but having kept them for eight days, he nas a trefpallbr for the other ilvree This im- plied iirougly, that the conllruélion of the liatute of W'illiam·, was, that t e diilrainor might leave the diilrefs on the premifes, fr l