Distressed - Law Dictionary Search Results
Home Dictionary Name: distressed Page: 3Damage 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 (...
Seamen
Seamen, persons engaged in navigating ships, barges, etc., upon the high seas. Those employed for this purpose upon rivers, lakes, or canals are denominated watermen.The (English) Merchant Shipping Acts, 1894 and 1906 (57 & 58 Vict. c. 60, and 6 Edw. 7, c. 48), contain numerous and elaborate provisions. In Part II. of the Act of 1894 there are regulations as to engagement and discharge of seamen, and payment of their wages. The Act also (s. 168) gives power to a Court to rescind a contract between owner or master, and seaman or apprentice, where a proceeding is instituted in the Court in relation to a dispute between them, protects (ss. 212-219) seamen from imposition, and (ss. 198-210) protects them in the matter of provisions, health, and accommodation. As to seamen's allotment notes, see (English) Merchant Shipping (Seamen's Allotment) Act, 1911 (1 & 2 Geo. 5, c. 8). Part III. of the Act of 1906 deals with seamen's food, and Part IV. contains provisions for the relief and repatriati...
Needy
Distressed by want of the means of living very poor indigent necessitous...
Distressedness
A state of being distressed or greatly pained...
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 ...
Ab initio
Ab initio [Lat.] (from the beginning). A person who abuses an authority given him by law becomes a trespasser ab initio, i.e., is liable as a trespasser from the beginning. See the Six Carpenters' case, (1611) 8 Rep. 146; 1 Smith's L.C. a party making an irregular distress for rent is not deemed a trespasser ab initio, by virtue of the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 19. A second distress may be good if the first is void ab initio, Grunnel v. Welch, (1906) 2 KB 555....
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...
Amends, tender of
Amends, tender of, was by many particular statutes made a defence in an action for a wrong, especially in cases where the wrong had been done by some public authority or person acting in pursuance of an (English) Act of Parliament, as the Highway Act, 1835 (see s. 105), or the (English) Larceny Act, 1861 (see s. 113), in apprehending, for instance, a person found committing an offence against that Act. These are repealed by the (English) Public Authorities Protection Act, 1893, which provides, amongst other things, for the pleading of tender of amends, and for taxation of the defendant's costs between solicitor and client in event of the plaintiff not recovering more than the sum tendered, etc. As to tender upon distress (q.v.), whether before or after impounding but before sale, see Johnson v. Upham, (1859) 2 E&E 250. For wrongful distress, see (English) Distress for Rent Act, 1737, and for trespass on land with disclaimer of title, (English) Limitation Act, 1623 (21 Jac. 1, c. 16), s...
Double or treble costs
Double or treble costs have been frequently granted by statute, e.g., to successful defendants in actions for irregular distress, by the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 20. The true mode of estimating the amount of double costs was first to allow the successful party the single costs, including the expenses of witnesses, counsel's fees, etc., and then allow him one-half of the amount of the single costs, without deducting counsel's fees, etc. Treble costs consisted of the single costs, half the single costs, and half of that half. But the public statutes prior to 1842 which gave these costs were repealed by the (English) Limitations of Actions and Costs Act, 1842 (5 & 6 Vict. c. 97), popularly called 'Pollock's Act,' which enacted that the successful party should be entitled only to full and reasonable costs, to be taxed by the proper officer-an enactment repealed in its turn by the (English) Public Authorities Protection Act, 1893 (see that title)....
Tools
Tools, the term tools cannot be restricted to simple implements used by artisans for purpose of their trade, AIR 1962 Mad 444 (446).As to their privilege from distress, see DISTRESS. In bankruptcy, Bankruptcy Act, 1914, s. 38, and as to execution upon tools of trade of small value, see Small Debts Act, 1845 (8 & 9 Vict. c. 127), s. 8....
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