distraint


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distraint

The legal right of a landlord to obtain a court order and seize tenants'possessions to pay for back rent.

References in periodicals archive ?
Some Londoners might have assumed knighthood on their own or have been compelled to assume the dignity as a result of distraint of knighthood.
As well as providing a new theoretical approach to interpreting and understanding the laws tracts, Dark Speech also contains coherent explanations and extrapolations of a number of important features of early Irish law such as distraint, hostages, fasting and sick-maintenance.
A selection of topics discussed includes attornment, community property, distraint, ejectment, public utilities claims, quiet enjoyment, and written disclosure.
The fact that the modern-day legislation, like its historical counterparts, is so careful to underline that exemptions from taxation and distraint apply only in respect to personal property situated on reserves demonstrates that the purpose of the legislation is not to remedy the economically disadvantaged position of Indians by ensuring that Indians may acquire, hold, and deal with property in the commercial mainstream on different terms than their fellow citizens.
47) On this point, see Jeffrey Burds's discussion of the use of distraint (confiscation of property) to compel compliance with local obligations, rather than as a source of revenue through actual sale of confiscated items: Peasant Dreams and Market Politics: Labor Migration and the Russian Village, 1861-1905 (Pittsburgh: University of Pittsburgh Press, 1998), 62.
He mentions the king's duty to protect the poor from tyranny, of which unjust exactions were a sign; the fact that the targets of distraint for services were often churches, the protection of which was the particular obligation of the king; and the desire to protect the peace, since distraint was often associated with violence.
Forced to hold the first tithe distraint sale in North Wales for 45 years, he chalked up a verse condemning the tax on a blackboard outside his cattle shed: 'God save us from these raiding priests / Who seize our crops and steal our beasts / Who pray, 'Give us our daily bread / And take it from our mouths instead.
After accusing the "Property Defence Committee" [sic] of having "hired gangs of armed men to go into the midst of a furiously excited people and to purchase cattle which had been seized on distraint," he admitted that this organization had caused him "much more trouble and anxiety than the coercion bill.
In addition, amnesty may be granted even if a lien exists against the taxpayer's property; the DOR has initiated proceedings under an assessment and distraint procedure; or the DOR has entered into an installment agreement with the taxpayer.
He frequently petitioned authorities on behalf of Quakers who suffered distraint for failing to pay tithes.
It has been found over and over again that the result of selling either the fisheries or the excise farms by auction in this province results in reckless competition, failures, and realization of revenue by distraint, and which would doubtless recur if the fisheries were sold again by auction.
The district court had determined that authorities had committed distraint in 1978 when they twice seized and partially destroyed a building and steel tower belonging to the Kitahara faction, a left-wing extremist group.