anonymous mich will c b where cattle may be distrain though not levant and  couchant vide   light b sand Mod can if cattle escape by the default of the  owner on the land of the lessor he may distrain they for rend though not  levant and couchant but if such escape be through the default of the lessee in  not repair the fence the lessor can distrain they they be levant and couchant  for if the lessor have the land in his own hand he must repair the fence and  consequent he must see that his lessee do it for he be not to take advantage  of his own default adjudge that the rule of the commonlaw which exempt utensil  tool instrument of husbandry c from distress hold only in distress for rend  arrear amerciament c but do not extend to case where a distress be give in the  nature of a execution by any particular statute as for poor rate c trespass  for take two sheep the defendant justify for toll videlicet quod to take in  hand to draw asunder the say sheep for toll and the same do carry away as he  lawful may Salkeld it be doubt whether this be a good plea because be do not  say to take in hand to carry away nomin severity but it seem clear to be  nought if he have not set forth before that to take in hand to draw asunder in  trespass for take ten beast April and also for take other twelve more on the  say first day of April the defendant plead that the plaintiff have a lease  grant to he render rend and that there be rend in arrear and that he the  defendant do take the first ten beast for parcel of the say and the other  twelve beast afterward for residue of the say and upon a demurrer to this plea  it be adjudge ill for one can avow for two distress make for one and the same  rend it be the defendant fault to distrain too little at first but the  reporter tell we that if the defendant have plead that at the time of take the  first distress there be not sufficient to be take for the whole rend upon the  land and that the first distress be but only of such a value it have be good  see the king v Larwood distribution administrator bind to make distribution a  administrator at commonlaw be bind to distribute the surplus of the intestate  estate but this be alter by the statute h cap by which Salkeld er p he be not  compellable though he accept the administration upon that condition and this  again be alter by the statute car cap by which he be compellable to make  distribution yet a estate pur auter vie be not to be distribute though it be  within that Act as for instance