Distringas

A writ directed to the sheriff, commanding him to distrain a person of his goods and chattels to enforce a compliance with what is required of him. ' It is used to compel an appearance where the party cannot be found, and in equity may be availed of to compel the appearance of a corporation aggregate. 4 Bouv. Inst, note 4191; Comyn, Dig. "Process" (D 7); Chit. Prac; Sellon, Prac. A form of execution in the actions of detinue and assize of nuisance. Brooke, Abr. pi. 26; 1 Rawle (Pa.) 44. DISTRINGAS JURATORES (Lat. that you distrain jurors). A writ commanding the sheriff to have the bodies of the jurors, or to distrain them by their lands and goods, that they may appear upon the day appointed. 3 Sharswood, Bl. Comm. 354. It issues at the same time with the venire, though in theory afterwards, founded on the supposed neglect of the juror to attend. 3 Steph. Comm. 590. DISTRINGAS NUPER VICE COMITUM (Lat. that you distrain the late sheriff). A writ to distrain the goods of a sheriff who is out of office, to compel him to bring in the body of a defendant, or to sell goods attached under a fi. fa., which he ought to have done while in office, but has failed to do. 1 Tidd, Prac. 313. '

A writ directed to the sheriff, commanding him to distrain a person of his goods and chattels to enforce a compliance with what is required of him. It is used to compel an appearance where the party cannot be found, and in equity may be availed of to compel the appearance of a corporation aggregate. 4 Bouvier, Inst. n. 4191; Comyns, Dig. Process (D 7); Chitty, Pr.; Scllon, Pr. A form of execution in the actions of detinue and assize of nuisance. Brooke, Abr. pi. 20; r.arnet v. Ihrie. 1 Etawle (Pa.) 44. DISTRINGAS JURATORES (Lat that you distrain jurors). A writ commanding the sheriff to have the bodies of the Jurors, or to distrain them by their lands and goods, that they may appear upon the day appointed. 3 Bla. Com. 354, it issues at the same time with the venire, though in theory afterwards, founded on the supposed neglect of the juror to attend. 3 Steph. Com. 590. DISTRINGAS NUPER VICE COMITEM (Lat. that you distrain the late sheriff). is out of office, to compel him to bring in the body of a defendant, or to sell goods attached under a ft. fa., which he ought to have done while in office, but has failed to do. l Tidd, Pr. 313. It can only issue after a return of seizure of goods to the value, etc.; Kline v. Church, 16 Pa. Dist. R. 559, where the practice was considered, although the writ has len into disuse, and cases in 6 Mod. 295, and Zane v. Cowperthwaite, 1 Dall. (I'. B.) 81% i L Bd. 162, were cited.

In English practice. A writ directed to the sheriff of the county in which a defendant resides or has any goods or chattels, commanding him to distrain upon the goods and chattels of the defendant for forty shillings, in order to compel his appearance. 3 Steph. Comm. 567. This writ issues in cases where it is found impracticable to get at the defendant personally, so as to serve a summons upon him. Id. A distringas is also used in equity, as the first process to compel the appearance of a corporation aggregate. St 11 Geo. IV. and 1 Wm. IV. c. 36. A form of execution in the actions of detinue and assise of nuisance. Brooke, Abr. pi. 26; Barnet v. Ihrie, 1 Rawle (Pa.) 44.

— Distringas jnratores. A writ commanding the sheriff to have the bodies of the jurors, or to distrain them by their lands and goods, that they may appear upon the day appointed. 3 Bl. Comm. 354. It issues at the same time with the venire, though in theory afterwards, founded on the supposed neglect of the juror to attend. 3 Steph. Comm. 590.

— Distringas nuper vice comitem. A writ to distrain the goods of one who lately filled the office of sheriff, to compel him to do some act which he ought to have done bsfore leaving the office; as to bring in the body of a defendant, or to sell goods attached under a fi. fa.

— Distringas vice comitem. A writ of distringas, directed to the coroner, may be issued against a sheriff if he neglects to execute a writ of venditioni exponas. Arch. Pr. 584.

I. I In English law. You distrain; a writ directed to the sheriff commajiding him to distrain upon the goods and chattels of the defendant in order to compel his appearance; a first process in equity to compel the appearance of a corporation aggregate; a writ to enforce a judgment for the plaintiff in detinue by repeated distresses. Distringas juratores: you distrain the jurors; a process for enforcing the attendance of jurors, which commands the sheriff to distrain them by their goods. Distringas nuper Tiee comitem: you distrain the late sheriff; a writ to distrain goods of a sheriff out of ofl Sce for a default while in office. "

In English practice, A writ directed to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain upon the goods and chattels of the defendant for forty shillings, in order to compel lhis appearance. 3 Steph. Comm. 567. This writ issues in eases where it is found impracticable to get at the difendant personally, so as to gervea summons upon him. Id. A distringas is also used in equity, as the first process to compel the appearance of a corporation aggregate. St. 11 Geo. IV. and 1 Wm. LV. ¢. 36. A form of execution in the actions of detinue and assise of nuisance. Brooke, Abr. ph. 26; 1 Rawle, 44.

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.

/. (That you distrain.) 1. A sheriff of the county to distrain a defendant's enforce his appearance. 2. A writ to enforce plaintiff in detinue by repeated distresses. 3. K. B. commanding the sheriff to bring in jurors who did not appear, or distrain their 4. A process in equity against a body corporate the summons of the court. 5. An order of cery in favor of a party claiming to be England stock, directing the bank not to dends. Distringas nuper vice comitem the late sheriff): a writ to distrain the gavelkind. on presentation. injury by inequality, possession of a freeof an injury or by him of some enforce the payment for damage done by: a distress unlimfrom time to time property of an intesthe Statutes of c. 10, and the 29; the thing diswrit directing the goods, in order to a judgment for the An old writ of the the bodies of those lands and goods. refusing to obey the Court of Chaninterested" in Bank of transfer or pay divi- (that you distrain of sheriff now

remedies, is a writ directed to the sheriff commanding him to distrain one of his goods and chattels, to enforce his compliance of what is required of him, as for his appearance in a court on such a day, and the like. Com. Dig. Process, D 7; Chit. Pr. Index, h. t.; Sellon’s Pr. Index, h. t.; Tidd’s Pr. Index, h. t.; 11 East, 353.