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Related to distrain: ponderer, distraint, resides


To seize the property of an individual and retain it until an obligation is performed. The taking of the goods and chattels of a tenant by a landlord in order to satisfy an unpaid debt.

Distrain is a comprehensive term that may be used in reference to any detention of Personal Property, lawful or unlawful.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


to seize (personal property) by way of DISTRESS.
Collins Dictionary of Law © W.J. Stewart, 2006

TO DISTRAIN. To take an keep any personal chattel in custody, as a distress. (q.v.)

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
CA/B/20/2013] where the Court emphasized that for an ex-parte application for distrain to be valid, the taxpayer must have been afforded all the opportunities to be heard.
Thus in tracing for her husband the rationale motivating her decision not to return the distrained livestock, she also succeeds in demonstrating to him her fair and politic treatment of the matter.
(125) With the earl of Bandon in the chair, over 100 magistrates in County Cork met at the end of October to support the government's new coercion bill and to denounce the tyranny "which had hung over the country like a nightmare." Such language prompted the Freeman's Journal to dismiss the landlords' talk of "Land League terrorism" as simply "hysterical." (126) Nevertheless, the PDA's strenuous efforts to harvest crops on boycotted farms and ensure the sale of distrained goods gradually loosened the League's stranglehold on selected estates.
Thus, if the sheriff decided not to seize goods or to distrain in favour of people who had written letters to the editor favouring a particular political party, this would be invalid and, one would hope, also a breach of the implied freedom of communication.
The right to distrain for arrears of rent in relation to residential premises should be abolished;
It seems that HM Customs and Excise want some dosh from me - quite justifiably, I might add - and if I don't fork out soon, they will 'distrain upon my goods and chattels'.
When the gang turned up to distrain upon the Congregationalist minister Stephen Lobb, they `found the doors barricaded, the windows fast shut, and five or six Amazonian religious sisters upon their defence, each armed with a spit, fire fork, or some suchlike weapon'.
If it failed, the aggrieved male had the right to subject the moichos to physical abuse in front of the court.(25) Although the principle of self-help remained firmly rooted in Athenian law (the right to apagoge in appropriate circumstances, the right to kill, the right to distrain on property under certain circumstances), only in the case of moicheia did this include the right to physical abuse.
Hemans' (PW viii), the editor of her American Poetical Works went on to felicitate the poet on her refusal "to search out the materials of poetry with such microscopic eyes as to degrade its noble office - describing the interior of a cottage (as a witty critic remarked of Crabbe), like a person sent there to distrain for the lease" (PWx).
He said based on this, Kogi State Internal Revenue Service (KGIRS) proceeded to court in and obtained an order to distrain the business premises of Airtel and MTN to recoup the sum owed, the court having adjudged that they were due and owing.
This was done by means of a visual scale of the program Distrain 1.0 (Tomerlin & Howell 1988), for which the observer got adequate training in advance.