By the Court,
Under the statute of 8th Anne, ch. 14, § 1, from which 1 R. L. of 1813, p. 437
Motion denied.
(a).
а) By the act of 1813, the landlord’s claim was expressly restricted to rent due “ at the time of the taking” of the goods under the execution. (See 1 R. L. of 1813, p. 437, § 12. The revised statutes declare that “ if an execution be levied,” &c., the landlord to whom any rent “ may be due, may, at any time before a sale of such goods by virtue of such execution, give notice,” &c. (See 1 R. S. 737, § 12, 2d ed.)
(b).
That a mere change of phraseology in the revision of a statute will not work an alteration in the law as previously declared, unless it clearly appear that such was the intention .of the legislature, see Taylor v. Delancy, (2 Cai. Cas. Er. 143, 151 ;) Yates case, (4 John. R. 317, 359;) and Matter of Brown, (21 Wendell, 316, 319.)