remedies. A distress is defined to be, the taking of a personal chattel, without legal process, from the possession of the wrong doer, into the hands of the party grieved, as a pledge for the redress of an injury, the performance of a duty, or the satisfaction of a demand. It is a general rule, that a man who has an entire duty, shall not split the entire sum and distrain for part of it at one time, and part of it at another time. But if a man seizes for the whole sum that is due him, but mistakes the value of the goods distrained, there is no reason why he should not afterwards complete his execution by making a further seizure. It is to be observed also, that there is an essential difference between distresses at common law and distresses prescribed by statute. The former are taken nomine penae, as a means of compelling payment; the latter are similar to executions, and are taken as satisfaction for a duty. The former could not be sold the latter might be. Their only similarity is, that both are replevisable. A consequence of this difference is, that averia carucae are distrainable in the latter case, although there be other sufficient distress. 1 Burr. Rep. 588. 2. The remedy by distress to enforce the payment of arrears of rent is so frequently adopted by landlords, (Co. Lit. 162, b,) that a considerable space will be allotted to this article under the following heads: 1. The several kinds of rent for which a distress may be made. 2. The persons who may make it. 3. The goods which may be distrained. 4. The time when a distress may be made. 5. In what place it may be made. 6. The manner of making it, and disposing of the goods distrained. 7. When a distress will be a waiver of a forfeiture of the lease. 3.-1. Of the rents for which a distress may be made. 1. A distress may generally be taken for any kind of rent in arrear, the detention of which, beyond the day of payment, is an injury to him who is entitled to receive it. 3 Bl. Com. 6. The rent must be reserved out of a corporeal hereditament, and must be certain in its quantity, extent, and time of payment, or at least be capable of being reduced to certainty.
Law Dictionary – Alternative Legal Definition
The taking a personal chattel out of the possession of a wrongdoer Into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emlg v. Cunningham, 62 Md. 460; Hard v, Nearing, 44 Barb. (N. Y.) 488; Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 8 Bl. Comm. 231. The taking of a defendant’s goods, in order to compel an appearance in court Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Marshall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong. Distress infinite. One that has no bounds with regard to its quantity, and may be repeated from time to time, until the stubbornness of the party is conquered. Such are distresses for fealty or suit of court, and for compelling jurors to attend. 3 Bl. Comm. 231. Distress warrant. A writ authorizing an officer to made a distraint; particularly, a writ authorizing the levy of a distress on the chattels of a tenant for non-payment of rent. Bailey ville v. Lowell, 20 Me. 181; Bagwell v. Jamison. Cheves (S. C.) 252. Grand distress, writ of. A writ formerly issued in the real action of quart impediU when no appearance had been entered after the attachment; it commanded the sheriff to distrain the defendant’s lands and chattels in order to compel appearance. It is no longer used, 23 A 24 Vict. c. 126.