Distress — Chambers's Encyclopaedia

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Distress, in English law, is the common-law remedy by which a man may enforce payment of rent or other duties, or may impound another's cattle trespassing upon his land. Distress is defined as the taking of a personal chattel out of the possession of the wrong-doer into the custody of the party injured, without process of law. Distress was formerly an incident of all feudal services, such as suit of court, and fealty: it was also used to compel obedience to the orders of a court leet. In modern days, distress is practically enforced chiefly for non-payment of rent, for non-payment of rates and penalties, and upon cattle straying upon land not belonging to their owner. Cattle so straying may be impounded and retained as security till their owner make satisfaction. Distress for rates and penalties is allowed by the statutes imposing them. In this species of distress, and distress for non-payment of rent, the articles are not merely kept as security, but may be sold to pay the amount due. Whatever goods the landlord finds on the premises, even goods belonging to a stranger (not being a lodger), may be distrained; but animals feræ naturæ, and goods delivered to the tenant by way of trade (as horses in a smithy, garments at a tailor's), may not be taken. Lodgers' goods are protected against distraint by an Act of 1871; bedding, wearing apparel, and tools or implements of trade to the value of £5 are also protected. Under the Law of Distress Amendment Act, 1888, distress can only be levied by a certified bailiff. A landlord may, by a statute, 11 Geo. II. chap. 19, distrain goods fraudulently carried off the premises; and by the same statute he may, with the assistance of the peace-officer of the parish, break open doors to obtain the goods so removed.—In the American Union, some of the states have abolished distress, as being harsh to the tenant, and unjust in favouring the landlord over other creditors.

In Scotland, the term distress was formerly in use; the right to lay hold of straying cattle and the landlord's right of hypothec are analogous to the English law. See POINTING.