Distrain - Law Dictionary Search Results
Home Dictionary Name: distraindistrain
distrain [Anglo-French destreindre, literally, to constrict, force, from Old French, from Late Latin distringere to hinder, punish, from Latin, to pull in different directions, distract, from dis- apart + stringere to draw tight] vt 1 : to force or compel to satisfy an obligation by means of a distress 2 : to seize by distress compare enter vi : to levy a distress dis·train·able adj dis·train·er [-strā-nər] or dis·train·or [di-strā-nər, dis-trā-nōr] n ...
Distrainable
Capable of being or liable to be distrained...
Distrain
Distrain, to make seizure to goods or chattels by way of distress. See DISTRESS.To take as a pledge the property of another to keep the same until the performs his obligation, or until the property is sold by the sheriff or other proper officer to satisfy the obligation: Legal seizing goods as a method of enforcing payment....
Distrainer, or Distrainor
Distrainer, or Distrainor, he who seizes a distress....
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Replevin
Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a re-delivery to the owner of the pledge or thing taken in distress. It is re-delivered to him by the registrar of the county court of the district within which it was taken, upon his undertaking and giving security to try the validity of the distress or taking, in an action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep it in distraint subject to the law of distress.It is a general rule that whoever brings replevin ought to ha...
Advow, or Avow, or Avouch
Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher a garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedgw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer in his defence justify or maintain his act, he is said to advow or...
Recaption
Recaption, the taking a second distress of one formerly distrained, during the plea grounded on the former distress; and it was a writ to recover damages for him whose goods, being distrained for rent, or service, etc., were distrained again for the same cause, pending the plea in the County Court or before the justices, Fitz. N.B. 71.It is also a species of remedy by the mere act of the party injured. This happens when anyone has deprived another of his property, in goods or chattels personal, or wrongfully detains one's wife, child, or servant, in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace, 3 Bl. Com. 4.At common law, lawful seizure of another's pro-perty for a second time to secure the performance of a duty, Black's Law Dictionary, 7th Edn., p. 1274....
Distrainor
One who distrains the party distraining goods or chattels...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
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