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DISTRESS Definition & Legal Meaning

Definition & Citations:

The taking a personal chattel out of the possession of a wrong-doer intothe custody of the party injured, to procure a satisfaction for a wrong committed; as fornou-paymeut of rent, or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emig v.Cunningham, 02 Md. 400; Hard v. Near- ing, 44 Barb. (N. Y.) 488; Owen v. Boyle, 22Me. 01; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or otherpersonal property by way of pledge, to enforce the performance of something due fromthe party distrained upon. 3 Bl. Comm. 231. The taking of a defendant’s goods, in orderto compel an appearance in court. Id. 2S0; 3 Steph. Comm. 301, 363. The seizure ofpersonal property to enforce payment of taxes, to be followed by its public sale if thetaxes are not voluntarily paid. Marshall v. Wadsworth, 04 N. H. 380, 10 Atl. OSS. Alsothe thing taken by distraining, that which is seized to procure satisfaction. And in oldScotch law, a pledge taken by the sheriff from those attending fairs or markets, tosecure their good behavior, and returnable to them at the close of the fair or market Ifthey had been guilty of no wrong.


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