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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 51   View pdf image (33K)
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51 H. 3, STAT. 4, DISTRESS. 51

Debtors thereof at (lie next
account, shall be punished af-
ter the Statutes made there-
upon. And the King willeth
that all Debts of Summons of
the Exchequer that the Sheriff
or Bailiff have confessed Re-
ceipt, shall be allowed him
forthwith: so that whether lie
received all] the Debt. or Part,
it shall never come more in
Demand nor Summons, after
the Sheriff hath confessed Die
Receipt.
partie, issint qe mes ne viegne
en somous, ceo qe /<:' viscount
avera conu soi aver resceu.

 
The Owner may feed his Cattle impounded. Bro. Distr. 72- 9 Ed. 4. f. 2.
5 H. 7. f. 9. 21 Ed- 4. f. 53. No sale of Distress within 15 Days. See 2 W.
6 M. Sess. 1. c. 5. No Distress shall be taken of Plough, Cattle or Sheep,
28 Ed. 1. Stat. 3. c. 12. Regist. 97. Past. 225. Bro. Distress, f. 31, 67. 4 H.
7- f. 8. Dyer. f. 312. Fitz. Brief, 662. A Distress shall be reasonable, 51 H.
3. c. 4. 29 E. 3. f. 16. 29 E. 3. f. 24. 41 E. 3. f. 26.
The parts of this Statute relating' to the king's debtors, and their pay-
ments into the exchequer were not applicable to the Province.
Where distress impounded.—* Although we have no pounds in Mary- 40
land, the law with respect to the removal and deposit of the thing distrained
is understood to be the old English law. If the distress is of household
goods or other chattels (except of course, stacks of grain, hay, &c.
which are left on the premises) and it is removed by the distrainor, he
must place the goods in what answers to a pound covert, i. e. a place cov-
ered at least overhead, which may be in any convenient locality in the
neighborhood, see 1 & 2 P. & M. e. 12. If the distress consist of cattle the
distrainor has the option of putting them in such a pound covert, as a
stable, or in a pound covert specially appointed by him for the purpose, or
in some place which answers to a pound covert. If he put them in the first,
as the owner would be a trespasser if he came to them, the distrainor is
bound to feed them himself, and he is not entitled to any satisfaction for
the expense he is at in taking care of them and is answerable if they die for
want of proper care or food. If he put them in a place which answers to
the second description of pound, he is still liable for them unless he gives
the owner notice of where they are, who is then bound to feed them at his
peril. But if he put them in a place answering to a pound covert, i. e.
where the owner may freely come to them, it is then the duty of the latter
to feed and tend them himself, and if they are stolen thence or die without
the distrainor's default, he may make another distress, Co. Litt. 47 a. b. Vas-

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 51   View pdf image (33K)
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