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Plaintiff brought trespass. in C. B. for taking an excessive distress, and recovered; but on error in B. R. the judgment was reversed, on the ground that trespass would not lie; the entry and distress being lawful, in part, for the rent due, and the whe being one act; and that it was not like the case, were was a subsequent abuse of the dis

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The proper remedy for an excessive distress is, an action on the case, founded on the statute of Marlbridge, 52 H. 3. c. 4. which provides, " that distresses shall be reasonable, "and that persons taking unreasonable distresses shall be grievously amerced for the excess of such distresses." But this action cannot be maintained after a judgment recovered in replevin'.

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q Lynn v. Moody, Fitzg. 85. 2 Str. r Philips v. Berryman, Trin. 23 G. 3.

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tress;" but it was said, that there was one excepted case*, namely, where gold or silver was taken to an excess, apparent on the face of it; as where six ounces of gold and 100 ounces of silver were taken for 6s. and 8d.; but that proceeds on the ground, that gold and silver are of certain and known value, and the measure of the value of other things.

• Moir y. Munday, B. R. H. 28 G. 2. cited in 1 Burr. 592. and by Kenyon C. J. iu Crowther v. Ramsbottom, 7 T. R. 658.

END OF THE FIRST VOLUME.

Davidson, Priuter,
Old Boswell Court, London.

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