6. It may be taken for any kind of rent the detention of which beyond the day of payment is injurious to him who is entitled to receive it. At common law, the distrainer must have possessed a reversionary interest in the premises out of which the distress issued, unless he had expressly reserved power to distrain when he parted with the reversion. 2 Cow. N. Y. 652; 16 Johns. N.Y. 159; 1 Term, 441; Coke, Litt. 143 b. But the English statute of 4 Geo. II. c. 28 substantially abolished all distinctions be tween rents, and gave the remedy in all cases where rent is reserved upon a lease. The effect of the statute was to separate the right of distress from the reversion to which it had before been incident, and to place every spe cies of rent upon the same thoting as if the power of distress had been expressly reserved in each case. This statute has been in most of the United States. Taylor, Landl. & T. 560.
7. As to the different classes of persons who may distrain, it is held that each one of joint oint tenants may distrain for the whole rent and account to the others for their respective shares thereof, or they may all join together for the purpose. 4 Bingh. 562; 2 Ball & B. Ch. Ir. 465. But tenants in common have several estates, and each one may distrain for his separate share, 1 MeClel. & Y. Exch. 107 ; Croke Jac. 611 ; Coke, Litt. 317 ; unless the rent be of an entire thing, as of a house, in which case they must all join, as the subject-matter is incapable of division. Coke, Litt. 197 a; 5 Term, 246.
S. A husband as tenant by the curtest' distrains for rent due to his wife, although it may be due to her as an executrix or admi nistratrix. 2 Sauml. 195 ; 1 Ld. Raym. 369. A widow after her dower has been admeasured may distrain for her third of the rent. Coke, Litt. 32 a. So may an heir at law, or ad visee, for that which becomes due to them respectively, after the death of the ancestor, in respect to their reversi mary estate. 5 Cow. N. Y. 501 ; 1 Saund. 287. So of guard ians, trustees, or agents who make leases in their own names, as well as the assignee of the reversion which is subject to a lease. 2 Hill, N. Y. 475 ; 5 Carr. & P. 379.
9. With respect to what things may be dis trained, they are generally whatever goods may be found upon the premises, whether they belong to the tenant, an under-tenant, or to a stranger. 13 Wend. N. Y. 256 ; 1 Rawle, Penn. 435 ; 13 Scrg. & R. Penn. 57 ; 7 Harr. & J. Md. 120 ; 4 Rand. Va. 334 ; 1 Bail. So. C. 497; Comyns, Dig. Digress (B 1).
Thus, it has been held that a gentleman's chariot which stood in a coach-house belong ing to a common, livery-stable keeper was distrainable by the landlord for the relit due him by the livery-stable keeper for the coach house. 3 Burr. 1498. Or if cattle are put on the tenant's land by consent of the owners of the beasts, they are distrainable by the landlord immediately after for rent in arrear.
3 Blackstone, Comm. 8. And the necessity of this rule is justified by the consideration that the rights of the landlord would be liable to be defeated by a great variety of frauds and collusions, if his remedy should be re stricted to such goods only as he could prove to be the property of the tenant.
10. There are, however, a great variety of things which, for obvious reasons, are pri vileged from distress, either bratatute or at common law. Thus, the goods of a person who has some interest in the land jointly with the distrainor, as those of a joint tenant, although found upon the land, cannot be dis trained. The goods of executors and admi nistrators, or of the assignee of an insolvent regularly discharged according to law, can not in Pennsylvania be distramed for more than one year's rent. Nor can the goods of a former tenant, rightfully on the land, be distrained for another's rent. For example, a tenant at will, if quitting upon notice from his landlord, is entitled to the emblements, or growing crops; and therefore, even after they are reaped, if they remain on the land for the purpose of husbandry, they cannot be distrained for rent due by the second tenant. Willes, 131. And they are equally protected in the hands of a vendee; for they cannot be distrained although the purchaser allow them to remain uncut after they have come to maturity. 2 Ball & B. Ch. Ir. 362; 5 J. B. Moore, 97.
Ill. As every thing which is distrained is presumed to be the property of the tenant, it will follow that things wherein he can have no absolute and valuable property, as cats, dogs, rabbits, and all animals face naturce, cannot be distrained. Yet if deer, which are of a wild nature, are kept in a private enclosure for the purpose of sale or profit, this so far changes their nature, by reducing them to a kind of stock or mer chandise, that they may be distrained for rent. 3 Blackstone, Comm. 7. Nor can such things as cannot be restored to the owner in the same plight as when they were taken, as milk, fruit, and the like, be dis trained. 3 Blackstone, Comm. 9. So things affixed or annexed to the freehold, as fur nacos, windows, doors, and the like, cannot be distrained, because they are not personal chattels, but belong to the realty. Coke, Litt. 47 b. And this rule extends to such things as are essentially a part of the free hold although for a time removed therefrom, as a millstone removed'to be picked ; for this is matter of necessity, and still remains, in contemplation of law, part of the freehold. For the same reason, an anvil fixed in a smith's shop cannot be distrained. Brooke, Abr. Distress, pl. 23 ; 4 Term, 567 ; Willes, 512 ; 6 Price, Exch. 3; 2 Chitt. Bail. 167.