Distress - Law Dictionary Search Results
Home Dictionary Name: distress Page: 2Distress
Extreme pain or suffering anguish of body or mind as to suffer distress from the gout or from the loss of friends...
Distress infinite
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, the under a writ of delivery, as to which see DETINUE....
distressed
facing or experiencing financial trouble or difficulty as distressed companies need loans and technical advice...
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...
Pound
Pound [fr. pund, Sax.; pondo, Lat.], a certain weight, consisting in troy weight of 12, in avoirdupois of 16 ounces; the sum of 20s, said to be so called because in Saxon times 240 pence weighed a pound. See Lambard, 219. A pound Scots, anglice, a shilling.A penfold, an inclosure, a prison in which beasts seized for rent (see DISTRESS) or caught on the land of another (see DAMAGE FEASANT) may be kept until they are replevied or redeemed. It is either overt, i.e., open overhead; or covert, i.e., in a close. See 1 & 2 P. & M. c. 12, whereby no distress of cattle may be driven more than three miles from where it was taken, and not more than 4d. may be taken for any one whole distress impounded; the (English) Distress for Rent Act, 1737, s. 10, empowering any person lawfully distraining for rent to impound the distress on the premises chargeable with the rent.By s. 7 of the (English) Protection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27) penalties are imposed for impounding or confining any...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Rescue
Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in posse...
Damage feasant or faisant
Damage feasant or faisant (doing damage). If a stranger's beasts (including domestic fowls) are found on another person's land without his leave or license, and without the fault of the possessor of the close (which may happen from his not repairing his fences), and there doing damage by feeding, or otherwise, to the grass, corn, wood, etc., the person damaged may distrain and impound them, as well by night as in the day, lest the beasts escape before taken; but they cannot be sold for the damage done; nor is there any privilege from the distress. The distress may be made of things inanimate, see Ambergate, etc., Ry. Co. v. Midland Ry. Co., (1853) 23 LJ QB 17, where a locomotive engine was distrained damage feasant. By the (English) Pound-Breach Act, 1843 (6 & 7 Vict. c. 30), any person releasing, or attempting to release, cattle lawfully seized by way of such distress from the pound is, on conviction before two justices of the peace, liable to a penalty not exceeding 5l.; and by the (...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
distrain
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 ...
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