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Distringas

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

That you distrain. The emphatic word in the writ of " distress infinite" (q. v.), when expressed in Latin. The writ enforced compliance with some-, thing required of the person (natural or artificial) named in the writ. Eef erring to a defendant who neglected to appear, a process issued from the court of common pleas commanding the sheriff to distrain the defendant from time to time, by taklug his goods and the profits of his lands.* The process against a body corporate, which, having been served with a subpoena issued out of chaacery, fails to appear in court, is hy distringas, to distrain them by their goods and chattels, rents and profits, till they obey the summons.' ^, In detinue, after judgment, the plaintiff had a distringas, to compel the defendant to deliver the goods, by repeated distresses of his chattels.' Distringas juratores. That you distrain the jurors. A writ commanding the sheriff to distrain jurors by their lands and goods, so that they be constrained to appear in court.' Distringas nuper vice oomitem. That you distrain the late sheriff. A writ to compel a sheriff who had gone out of office to bring in a defendant, or to sell goods under a fieri facias which he failed to do while in office. ^ ' Constitution, Art. I, sec.

8, par. 17. 2 Cissel V. Mc Donald, 16 Blatch. 15a-54 (1879), cases. = See generally Fort Leavenworth B. Co. v. Lowe, 114 U. S. B28-29 (1885). * 3 Bl. Com. 280. ^ 3 Bl. Com. 445. See 37 Hun, 546; 89 N. C. 585. »3B1. Com, 413.