The Law of Distress With An Appendix of Forms Table of Statutes C

Arthur Oldham

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Hartopp.
It has been held that if a man has two mill-stones, and only one is in use, and the other lies by not used, it may be distrained for rent {b) .
There are several cases in which tools of trade, which, as we shall see hereafter, are pri\dleged conditionaJh/ [c), are absolufcJij privileged, if they be in actual use at the time. And these tools of trade, if in actual use, are privi- leged from distress, although there is no other sufficient distress on the premises (f/). But a threshing-ma...chine is not privileged from distress, unless it is in actual use at the time, or there be other sufficient distress on the pre- mises {e). It will be seen later on in this chapter (/) that {t) Harg. Co. Litt. 47. See 36; hut see Storey x. Bohinson, also Rei/nell v. Cewipernoon, G T. E. 138; and Harg. N. 293, Cro. Car. 2i8. On Co. Litt. 47 a.
(ic) Simpson v. Ilrir/opp, 1 (i) V. 14, H. 8, pi. 16, cited Sm. L. Cas. 8th ed. 455 ; in Simpson v. Hartopp, sujjia.
Willes, 512; Watts y. Davis, (c) See post, pp.

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