Distressed - Page 5 - Law Dictionary

Cognizance, or conusance

Cognizance, or conusance, the hearing of a thing judicially; also an acknowledgment of a fine; and in replevin it was, before the Judicature Acts the name for the pleading of a defendant who acted as bailiff, etc., to another in making a distress, by which he alleged the right or title to be in that person by whose command he acted. If the person who ordered the distress was sued, his pleading was called an Avowry, Steph. Plead. 225.Conusance of Pleas, is a privilege granted by the Crown to a town or place, to hold pleas of all contracts, etc., within the precinct of the franchise; and when a person is impleaded for such matters in the King's Court at Westminster, the mayor, etc., may ask cognizance of the plea, and demand that it shall be determined before him, Termes de la Ley.Conusance was successfully claimed by the Chancellor of the University of Oxford over an action to which an undergraduate was defendant in Ginnett v. Whittingham, (1886) 16 QBD 761, though the plaintiff resided...

Avowry, or advowry

Avowry, or advowry, was a pleading in the action of replevin (see that title), which stated the nature and merits of the defence, and justified or avowed taking the distress in his (the defendant's) own right, which, if established, would entitle him to a judgment de retorno habendo. An avowry was in the nature of a declaration. See Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 22....

Averia carruc'

Averia carruc', beasts of the plough exempt from distress, if other sufficient goods can be found to be distrained upon, See DISTRESS....

Attornment

Attornment [fr. tourner, Fr., to turn], the acknowledgement of a new lord on the alienation of land, and the assent or agreement of the tenant to attorn, as 'I become tenant to the purchaser.'-Co. Litt. 309. By s. 151 of the (English) Law of Property Act, 1925, replacing 4 Anne, c. 16, ss. 9, 10, all grants and conveyances of lands, rents, reversions, etc., are good without the attornment of the tenants, but notice of the grants must be given to the tenants, before which they are not prejudiced by the payment of any rent to the grantor, or breach of the condition for non-payment, and by the same section of the (English) Act of 1925, replacing the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 11, attornments made by tenants to strangers claiming title to the estate of their landlord are null and void, and their landlord's possession is not affected thereby, except as provided by s. 151, ibid.The 'Attornment Clause' in a deed of mortgage is a clause whereby, for better sec...

Appraisement

Appraisement [fr. apprecier prix, Fr., pretium, Lat.], the act of valuing property, goods, furniture, etc. As to appraisement, if required by tenant or by owner of the goods, before selling under a distress for rent, see DISTRESS. Appraisement of a ship is sometimes ordered by the Admiralty Division of the High Court, see R.S.C. Ord. LI., Part III., and also generally before sale of any property by order of the Court....

Painful

Full of pain causing uneasiness or distress either physical or mental afflictive disquieting distressing...

Imbitter

To make bitter hence to make distressing or more distressing to make sad morose sour or malignant...

C Q D

In radiotelegraphy the letters signified by the code call formerly used cf S O S by ships in distress formed by combining the code call C Q formerly used as a general call for all stations with D for distress...

warrant

warrant [Anglo-French warant garant protector, guarantor, authority, authorization, of Germanic origin] 1 : warranty [an implied of fitness] 2 : a commission or document giving authority to do something: as a : an order from one person (as an official) to another to pay public funds to a designated person b : a writ issued esp. by a judicial official (as a magistrate) authorizing an officer (as a sheriff) to perform a specified act required for the administration of justice [a of arrest] [by of commitment] administrative warrant : a warrant (as for an administrative search) issued by a judge upon application of an administrative agency anticipatory search warrant : a search warrant that is issued on the basis of an affidavit showing probable cause that there will be certain evidence at a specific location at a future time called also anticipatory warrant arrest warrant : a warrant issued to a law enforcement officer ordering the officer to arrest and bring the person named i...

mental anguish

mental anguish : a high degree of emotional pain, distress, torment, or suffering that may aggravate a crime or be a subject of an action for damages or wrongful death : emotional distress ...

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