
    Alexander v. Turner, Bailiff of Patten.
    An acceptance by the tenant of a bill drawn by the landlord for the rent, is no bar to a distress; if the bill be not paid.
    Replevin. Cognizance, as bailiff, for rent arrear. Plea, “ no rent arrear,” and issue.
    
      Mr. Taylor, for plaintiff,
    moved for leave to withdraw the plea of “ no rent arrear,” and file a new plea setting forth that Patten had drawn an order on the plaintiff, for three quarters’ rent, which the plaintiff had accepted to pay; and that., as to the fourth quarter’s rent, he tendered it before the distress was made.
   The CouRT

refused the motion.

The cause was then tried on the issue joined, and the Court instructed the jury that the acceptance did not destroy the debt due for the rent, and that it was no bar unless it had been paid.  