Definition of DISTRESS in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DISTRESS
The taking a personal chattel out of the possession of a wrong-doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cattle. 3 Bl.Comm. 6, 7; Co. Litt. 47. The taking of beasts or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 3 Bl.Comm. 231. Hall v. Marshall, 145 Or. 221, 27 P.2d 193. The taking of a defendant's goods, in order to compel an appearance in court. 3 Bl.Comm. 280; 3 Steph.Comm. 361, 363.
The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Marshall v. Wadsworth, 64 N.H. 386, 10 A. 685; also, the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong.
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. 3 Bl.Comm. 231.
A power of attorney by which landlord delegates exercise of his right to his duly authorized agent. In re Koizim, D.C.N.J., 52 F.Supp. 357, 358.
Distress warrant. A writ authorizing an officer to make a distraint; particularly, a writ authorizing the levy of a distress on the chattels of a tenant for non-payment of rent. Commercial Credit Co. of Baltimore v. Vine's, 98 N.J.Law, 376, 120 A. 417, 418.
Grand distress, writ of. A writ formerly issued in the real action of quare impedit, when no appearance had been entered after the attachment; it commanded the sheriff to distrain the defendant's lands and chattels in order to compel appearance. It is no longer used, 23 & 24 Viet. c. 126, § 26, having abolished the action of quare impedit, and substituted for it the procedure in an ordinary action. Wharton.
Second distress. A supplementary distress for rent in arrear, allowed by law in some cases, where the goods seized under the first distress are not of sufficient value to satisfy the claim.
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That's the definition of DISTRESS in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
