Distringas - Definition - Law Dictionary Home Dictionary Definition distringas

Definition :

Distringas (that you distrain), anciently called constringas, a writ addressed to the sheriff, and issued to effect various purposes. The cases in which it was used in Common Law proceedings may be thus stated:-

(1) a distringas to compel appearance, where defendant had a place of residence within England or Wales. The writ was abolished by the (English) C.L.P. Act, 1852, s. 24, and the practice provided for by s. 17 substituted in its stead.

(2) A distringas nuper vicecomitem, to compel the late sheriff to sell goods, etc., or to bring in the body.

(3) A distringas in detinue, a special writ of execution to compel defendant to deliver the goods by repeated distresses of his chattels; or a scire facias might be issued against a third person in whose hands they might happen to be, to show cause why they should not be delivered; and if the defendant still continued obstinate, then (if the judgment had been by default or on demurrer) the sheriff summoned an inquest to ascertain the value of the goods and the plaintiff's damages, which (being either so assessed, or by the verdict in case of an issue) were levied on the goods or person of the defendant, 1 Rol. Ab. 737. See DETINUE.

(4) A distringas juratores, a jury process, abolished by (English) C.L.P. Act, 1852, s. 104.

In Equity a distringas was issued in these two cases:-

(1) Against a corporation agrgegate; the first process to compel appearance was distringas, and on its return an alias distringas and then a pluries were issued, and upon the return of the latter, if default were made, an order nisi for a sequestation was obtained as of course, and if no cause was shown, the order would be made absolute, 11 Geo. 4 & 1 Wm. 4, c. 36.

(2) When a transfer of stock by the Bank of England or other public company was sought to be immediately restrained, a distringas was, by 5 Vict. c. 5, s. 15, allowed to be issued. The effect of this writ was temporary and merely prevented the stock being dealt with until the person putting in the distringas had had an opportunity of asserting his claim. It was incumbent on him, therefore, at once to bring an action against the stock-holder, either for a restraining order under 5 Vict. c. 5, s. 5, or an injunction pursuant to 40 Geo. 3, c. 36.

By R.S.C. 1883, Ord. XLVI., r. 2 [annulled by R.S.C. (No. 3, 1926)], no distringas under 5 Vict. c. 5, s. 5, may now be issued, but rr. 3-11 of the same order provide a procedure to be pursued by any person interested in any stock in any company, which has the same effect as distringas under that statute.