Distrain

To take as a pledge property of another, and keep the same until he performs his obligation, or until the property rent, performance of services, etc.

3 Bl. Comm. 231; Fitzh. Nat. Brev. 32 (B), (C), 223.

See "Distress." DISTRESS (Fr. distraindre, to draw away from). The taking of a personal chattel out of the possession of a wrongdoer into the custody of the party injured, to procure satisfaction for the wrong done.

3 Bl. Comm. 6.

It is generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties, as well as to exact compensation for such damages as result from the trespasses of cattle. This remedy is of, great antiquity, and is said by Spelman to have prevailed among the Gothic nations of Europe from the breaking up of the Roman empire. The English statutes since the days of Magna Charta have, from time to time, extended and modified its features to meet the exigencies of the times. It was at one time generally in vogue in the United States, but is now generally abolished, the remedy of attachment taking its place.