Page:Black's Law Dictionary (Second Edition).djvu/389

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DISTRAIN. To take as a pledge prop- erty of nnother, and keep the some until he performs his obligation or unti.i the property is replevied by the slierifi. It “as used to secure an appearance in court, payment of rent, performance of services. ctC- 3 R1- Cuiiim. 231: Fitzh. Nat. Bl'B\. 3'2. B. C. 233- iiuyd \. Iiowden. 3 Daly (N. Y.) 457; Byers v I-‘erguson. 41 Or. 17. 68 Pac. 5.

Distress is now generally resorted to for tbs purpose of enforcing the payment of rent, tines, or other duties

DISTRAINER, or DXSTEAINOR. who seizes B distress.


DISTRAINT. Seizure; the act of distraining or making a distress.

DISTRESS. The taking a personal chattel out of the possession of a wrung-doer into the custody of the party injureil, to procure a satisfaction for a wrong committed; as for non-pnyuient of rent, or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Eniig r. Cunningham. 62 Md. 460: Hard v. Nearing, -1-i Barb. (N. Y.) 488: Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Ati. 321. The taking of beasts or other personal property by way of pledge, to en- force the performance of something due from the party distrained upon. 3 Bl. Comm. 251. The taking of a defendant's goods, in order to compel an appearance in court. Id. 280; 3 Steph. Comm. 361. 363. The seizure of personal property to enforce payment of times, to be followed by its public sale if the taxes are not voluntarily paid. , Marsbali v. Wadsworth, 64 N. H. 336. 10 At.l. (BS5. 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 rniirliets. 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.

—Distx-css infinite. One that bas no hounds with regard to its quantity, and may be repeated from time to time, until the stubbornhrs: of the party is conquered. Such are disli'!)SSeE for fcalty or suit of court, and for com-

ciiing jurors to attend. 3 Bl. Comm. 231.-

istress warrant. A writ authorizing an of- iicvir to inadn a distrnlnt; particularly, a writ aiilliorizing the levy of a distress on the chatieiii_nf a tenant for non-pavnient nf rent. Bai- ieyville v. Lowell, 20 Me. 181; Bagwell v. Jami- son. Chevcs (S. C.) 9. .—Grn.nd distress, writ of. A writ for_ y issued in the real !'lCl‘l0l1 of qimre l'fllpEdi«t, when no appearance had been entered after the attachment; it com- ninnded the slicriif to distrain the defendant's lands and chattels in order to compel appeal‘- mice. It is no longer used, 23 & 24 Vict. c. 128. E 26. having abolished the action of quarc impvdit, and substituted for it the procedure in an ordinary action. Wliarton.—Second distress. A siippiciiicutary distress for rent in arrear. alioucll by law in some cases, where the goods seized under the first distress are not of sulficicnt value to satiiifi the claim.



DISTRIBUTEE. An heir: a person entitled to share in the distribution of an estate. '.i‘liis term is admissible to denote one of the persons “ho are entitled, under tile statute of distributions. to the personal estate of one who is dead iiitcslnie. I-lenry \. Ileniy, 31 N. C. 278: Kitchen v. Southern Ry., 68 S. C. 554, 48 S. E. 4.

DISTRIBUTION. In practice. The apportioiiiiiciit and division, under authority of a court, of the remainder of the last of an intestate, after payment of the deli- and charges, among those who are l£.‘g:l_lly entitled to share in the same Rogers v. Gillett, 56 Iowa, 266, 9 N. W. 20-1; William Hill 00. v. Luwler, 110 Cal. 359, 48 Pac. 325, In re Creighton. 12 Neil). 280, 11 N. W. 313; Thomson v. Tracy, 60 N. Y. 180.

—Sta.t11te of distributions. A law prescribing the manner of the distribution of the estate of an intestate among his heirs or relatives. Such statutes exist in all the states.

DISTRIBUTIVE. Exercising or accomplishing distriiiutioii; apportioning, dividing, and assigning in separate items or shares.

—Di.Itribntive finding of the issue. The jury are hound to give their verdict for that party who, upon the E\ldE'l..lCE, appears to them to have succeeded in establishing his side of the issue. But there are cases in which an issue may he found distributiveiy, i. e., in part for plaintiff, and in part for defendant. Thus, in an action for goods soid and work done, if the defendant piesded that he never was indebted, on which issue was joined, a verdict might be found for t.lie plaintiff as to the goods, and for the defendant as to the work. §teph. Pi. (7th Ed.) 77cl.—Dist1-ibntive justice. See JUS- 'A‘ICl~:.—Distribntive share. The share or portion which a given heir receixes on the legal distribution of an intestate estate, People v. Bcckwiih, 10 N. Y. St. Rep. 97; Page v. Rives, 18 F ed. Gas. 992. Sometimes, by an extrasion of meaning, the share or portion assigned to a given person on the distribution of any estate or fund, as. under an assignment for creditors or under insoivency proceedings.

DISTRICT. One of the portions into which an entire state or country may be di- vided, for judicial, political, or administrative purposes.

The United States are divided into judicial districts, in each of which is established a district court. They are also divided into election districts, collection districts. etc.

The circuit or territory within which a person may be compelled to appear. Cowell. Circuit of authority: Province. Enc. Lond.

—Distx-int attorney. The prosecuting officer of the United States government in each of the federal judicial districts. Also, under the state governments, the prosecuting officer who repro- sents the state in each of its judicial (listriits. In some states, where the territory is dividcrl for judicial purposes, into sections called iiy some other name than “districts." the some oiliccr is denominated _"countv attorney" or “state's attorney." Smith v. Scranton. 3 (‘ P. Rep. (Pa) 84: State v. Salg'e_ 2 Nev. District clerk. clerk of a district r t of either a state or the United St1tes.—District courts. Courts of the United States each having territorial jurisdiction over 3 dis