Distraint - Law Dictionary Search Results

Home Dictionary Name: distraint

distraint

distraint : the act or action of distraining ...

Distraint

The act or proceeding of seizing personal property by distress...

Districtio

Districtio, a distress; a distraint....

Metropolitan Police Magistrates

Metropolitan Police Magistrates. There are 25 salaried Metropolitan Police Magistrates (maximum 27) appointed by the Crown to execute the duties of justices of the peace within the Metropolitan Police District. The qualification for this office is having practised as a barrister for at least seven years. Any such magistrate can do alone any act which may be legally done by more than one justice of the peace. there is also special jurisdiction to settle disputes about wages for labour on the Thames, to deal with cases of oppressive distraint for small rents, to order delivery to the owner of goods unlawfully detained up to 15l. value, and to give possession of deserted premises to landlords (see Ston's Justices' Manual). The senior metropolitan Magistrate is ex-officio a justice for Berkshire (Indictable Offences Act, 1848). The Metropolitan Police Courts are: Bow Street, Clerkenwell, Marylebone, Marlborough Street, Westminster, Old Street, Thames, Tower Bridge, Lambeth, Greenwich, Wool...

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...

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