12. Goode are also privileged in cases where the proprietor is either compelled from necessity to place his goods upon the land, or where he does so for commercial purposes. 17 Sorg. & R. Penn. 139 •, 7 Watts & S. Penn. 302 ; 8 id. 302 ; 4 Heist. N. J. 110 ; 1 Bay, So.
C. 102, 170 ; 2 M'Cord, So. C. 39 ; 3 Ball & B. 75 ; 6 J. B. Moore, 243 ; 8 id. 254 ; 1 Bine.. 283; 2 Carr. & P. 353 ; 1 Crompt. & M. Exch. 380. In the first case, the goods are exempt because the owner has no option: hence the goods of A. traveller in an inn are exempt from distress. 7 Hen. VII. M 1, p. 1; Hammond, Nisi P. 380 a; 2 Keny. 439; Barnes, 472 ; 1 W. Blackst. 483 ; 3 Burr. 1408. In the other, the interests of the com munity require that commerce should be encouraged; and adventurers will not engage in speculations if the property embarked is to be made liable for the payment of debts they never contracted. Hence goods landed at a wharf, or deposited in a warehouse on storage, cannot be distrained. 17 Serg. & R. Penn. 138 ; 5 Whart. Penn. 9, 14; 21 Me. 47; 23 Wend. N. Y. 462. Valuable things in the way of trade are not liable to distress: as, a horse standing in a smith's shop to be shod, or in a common inn, or cloth at a tailor's house to be made into a coat, or corn sent to a mill to be ground; for these are pri vileged and protected for the benefit of trade. 3 Blackstone, Comm. 8. On the same prin ciple, it has been decided that the goods of a boarder are not liable to be distrained for rent due by the keeper of a hoarding-house, 5 Whart. Penn. 9, unless used by the tenant with the boarder's consent and without that of the landlord. 1 Hill, N. Y. 565.
13. Goods taken in execution cannot be distrained. The law in some states gives the landlord the right to claim payment out of the proceeds of an execution for rent not ex ceeding. one year, and he is entitled to pay ment up to the day of seizure, though it be in the middle of a quarter, 2 Yeates, Penn. 274 ; 5 Binn. Penn. 505 ; but he is not en titled to the day of sale. 5 Binn. Penn. 505. See 18 Johns. N. Y. 1. The usual practice is to give notice to the sheriff that there is a certain sum due to the landlord as arrears of rent,—which notice ought to be given to the sheriff, or person who takes the goods in execution upon the premises ; for the sheriff is not bound to find out whether rent is due, nor is he liable to an action unless there has been a demand of rent before the removal. 1 Strange, 97, 214; 3 Taunt. 400; 2 Wile. 140 ;
. . Comyns, Dig. Rent (D 8) ; 11 Johns. N. Y. 185. This notice can be given by the imme diate landlord only. A ground-landlord is not entitled to his rent out of the goods of the under-tenant taken in execution. 2 Strange, 787. And where there are two executions, the landlord is not entitled to a year's rent on each. See 2 Strange, 1024. Goods dis trained and replevied may be distrained by another landlord for subsequent rent. 2 Dail. Penn. 68.
14. By special acts of some of the legis latures, it is provided that tools of a man's trade, some designated household furniture, school-books, and the like, shall be exempted from distress, execution, or sale. And by a recent act of assembly of Pennsylvania, April 9, 1849, property to the value of three hundred dollars, exclusive of all wearing apparel of the defendant and his family, and all Bibles and school-books in use in the family, are exempted frcm levy and sale on execution or by distress for rent.
15. Besides the above-mentioned goods and chattels which are absolutely privileged from distress, there are others which are con ditionally so, but which may be distrained under certain circumstances. These are— beasts of the plough, which are exempt if there be a sufficient distress besides on the land whence the rent issues, Coke, Litt. 47 a; Bacon, Abr. Distress, B ; implements of trade, as a loom in actual use, where there is a sufficient distress besides, 4 Term, 565 ; other things in actual use,—as a horse whereon a person is riding, an axe in the hands of a person cutting wood, and the like. Coke, Litt. 47 a.
16. At common law a distress could not be made after the expiration of the lease. To remedy this evil, the legislature of Pennsyl vania passed an act making it " lawful for i any person having any rent in arrear or due upon.any lease for life or years or at will, ended or determined, to distrain for such arrears after the determination of the said respective leases, in the same manner as they might have done if such lease had not been ended: provided that such distress be made during the continuance of such lessor's title or in terest." Act of March 21, 1772, s. 14, 1 Smith, Penn. Laws, 375. Similar legislative enactments exist in most of the other states. In the city and county of Philadelphia, the landlord may, under certain circumstances, apportion his rent, and distrain before it be comes due. See act of March 25, 1825, s. 1, Pamph. Laws, 114.