Second Distress - Law Dictionary Search Results
Home Dictionary Name: second distressSecond distress
Second distress. A landlord has a power at common law to make a second distress for the same rent (Woodfall on Landlord and Tenant), but a second distress for the same rent is not to be made if there was enough which might have been taken on a first distress, Hutchins v. Chambers, (1758) 1 Burr 579....
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....
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....
Second deliverance, Writ of
Second deliverance, Writ of, a judicial writ that lies, after a non suit of the plaintiff in replevin, and a retorno habendo of the cattle replevied, adjudged to him that distrained them, commanding the sheriff to replevy the same cattle again, upon security given by the plaintiff in the replevin for the re-delivery of them if the distress be justified. It is a second writ of replevin, and is practically obsolete, Fitz. N.B. 68...
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...
emotional distress
emotional distress : a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought called also emotional harm mental anguish mental distress mental disturbance mental suffering see also outrage, zone of danger NOTE: Damages may be recoverable for emotional distress that is caused intentionally or negligently. Recovery for negligent infliction of emotional distress often requires that the plaintiff suffer a physical injury as well. ...
infliction of emotional distress
infliction of emotional distress :the tort of intentionally or negligently causing emotional distress called also infliction of mental distress see also emotional distress ...
distress
distress [Anglo-French destrece, literally, tightness, anguish, deprivation, from Old French, ultimately from Late Latin districtus severe, from past participle of distringere to hinder, punish see distrain ] 1 : seizure and detention of the goods of another as pledge or to obtain satisfaction of a claim by the sale of the goods seized ;specif : seizure by a landlord of a tenant's property to obtain satisfaction of arrearages in rent NOTE: Distress is regulated by statute where available. It has been held unconstitutional by some courts. 2 : pain or suffering affecting the body, a bodily part, or the mind see also emotional distress ...
Distressful
Full of distress causing indicating or attended with distress as a distressful situation...
Impounding distress
Impounding distress. Placing cattle, etc., after they have been detrained, in a pound (see that title) or other safe place for custody, which safe place may, by virtue of the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 10, in the case of distress upon a tenant for rent, be on the demised premises themselves. The (English) Protection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27), obliges the person impounding any animal to provide it with sufficient and wholesome food and water....
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