distraint


Also found in: Dictionary, Thesaurus, Legal, Wikipedia.

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 ?
Such application must be supported by a guarantee to cover losses that the distrainee may incur if the person levying distraint is found not to have the right to make such an application.
(58) Using language similar to the policy-style statements identified in Roberts and Walter's cases, the Crown conveys its justification for ordering the Sheriff to release the distraint on Nicholas's goods and chattels: 'because such things usually happen to madmen in their illnesses, wherefore they have not undergone the judgement of the Kings court or the court of another, these things ought not and are not wont to be considered felony.' (59) In all three cases, the details of suffering from infirmity and the Crowns endorsement of sympathetic treatment of the sick-made-mad highlight the emotional force of infirmity in this period and its capacity for justifying merciful action in the face of suicide.
Vance Smith has argued convincingly that a desire for concealment can be read in the behavior of a late-medieval English mercantile class that was keenly aware of the precariousness of its position and of practical dangers such as distraint of knighthood, with the result that they worked actively to hide their true economic worth.
Although the opinion in Springer deals with the issues involving the collector's remedies and the income tax as a direct tax separately, the case was likely presented to the Court as one in which the fact that the collector's remedies included "distraint" against land changed the nature of the tax.
Dogan Group announced that the ministry of finance put cautionary distraint on shares of Hurriyet, Milliyet, the magazine group and Dogan TV.
They collected voluntary payments and, if necessary, took enforced collection action through distraint. (16) They were personally on the hook to account for the collection of all the amounts on the summary list.
Here the law gives landlord remedies that are not available to other businesses, giving him, for instance, power of distraint over a tenant's goods in the event of unpaid rent.
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.
(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.
In the words of La Forest, J.: 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.