The complaining landowner may also distrain the livestock to secure payment of the damages, including a reasonable cost for the distrainment.
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It is more probable that, since this money was paid by the single women and orphans, that it was against these that the equites had the same right to distrain, as they had in the case of the aes hordearium.
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In attempting to extract payment, the naidm had a wide range of powers. He might distrain the contractors property, imprison or even violently attack the contractor. Apparently, as with witnessing, someone could not be a naidm to a contract worth more than his honor-price.Kelly 1988, pp. 171–172.
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The abbey granted to Philip land in Frankley which had previously been held by the chaplain Ralph: Philip sublet this land, by 1257, to John Walerand, a cleric, giving the abbey permission to enter the property and distrain if the rent of 40d. went unpaid. and p. 25—6, no. 86.
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The Enforcement Authority is the only organization in Sweden empowered to withdraw money from bank accounts of debtors and, if necessary, visit the homes and companies of debtors to seize (distrain) property. The authority also has the right to withhold money directly from a debtor's income. It can collect debts for individuals and businesses as well for the government.
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In Spring 1305, Edward decided in favour of Keith, judging "to allow [Keith] to have these children and to distrain Sir Dovenald Chambel and Sir Nel Chambel by their lands and bodies".quoted and translated in Boardman, op. cit., p. 24 In the same year, Edward granted some Campbell lands to an English knight, Sir John Dovedale.
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The law permits A to distrain C for the service due from B, but this violated equity.Bracton f. 21 b Then as to substitutions, even when B has done homage to A, nevertheless B may give A a new tenant by enfeoffing C to hold of A, and C will then hold of A whether A is agreeable to it or not.Bracton, f.
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Few men did. For example, Richard de Plescys, Prior of Dunmow Priory, was intimidated into storing and looking after a cart and horses of FitzWalter's, at the prior's own expense. The prior did not report FitzWalter, despite the fact that his house, at least in theory, enjoyed the king's personal protection. FitzWalter later despatched his henchman Baltrip to forcibly and illegally amerce and distrain the prior.
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The aes equestre was an allotment paid during the Roman Republic to each cavalryman to provide him with a horse. This was said to have been instituted by Servius Tullius as part of his reorganization of the military. This allotment was 10,000 asses, to be given to the Equus publicus out of the public treasury (ex publico) of Rome. A similar allotment, the aes hordearium paid for the horses' upkeep, and was funded by a tax of 2,000 ases annually on unmarried women and orphans possessing a certain amount of property Some say the equites had a right to distrain for this money likewise, it seems impossible that this account can be correct; for we can hardly conceive that a private person had a right of distress against a magistrate, that is, against the state, or that he could distrain any of the public property of the state.
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His creditors turned to the Jesuit procurator in Paris to demand payment, but he refused responsibility for the debts of an independent mission – though he offered to negotiate for a settlement. The creditors went to the courts and received a favorable decision in 1760 obliging the Society to pay, and giving leave to distrain in the case of non-payment. The Jesuits, on the advice of their lawyers, appealed to the Parlement of Paris.
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The root of the word is based on the Portuguese words penhóràr (to distrain or to seize) and penhór (a surety or a pawn). When the Portuguese came to the Gold Coast in the 16th century, they used the word penhóràr to describe the local practice among the Akan people of pawnship. Gradually, the word became commonly used by Europeans to describe the practice of seizing a person for repayment of debt or to remedy an injury along the whole coast of Africa.
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During their absence, FitzMaurice became captain general of County Desmond with the warrant of the Earl. This meant he had authority over the soldiers retained in the service of the Desmond Fitzgeralds."Fitzgerald, James Fitzmaurice", Dictionary of National Biography, 1903 In July 1568, he entered Clanmaurice, the territory of the lord of Lixnaw, to distrain for rent and assert the Desmond authority: having seized 200 head of cattle and wasted the country, he was confronted by Lixnaw on the way home and utterly defeated.
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When they didn't the Fielden mills duly closed, throwing nearly 3,000 out of work. The Guardians stood firm, troops were moved into the area, and after a week Fieldens re-opened (paying their employees as normal for the week not worked) However, some townships refused to recognise the authority of the Guardians. and instructed (or intimidated) their 'overseer of the poor' to ignore the Guardians' instructions. The overseer of Langfield was fined £5 for disobeying the Guardians and two constables sent from Halifax to distrain goods to that value.
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This is a fairly short time, and creditors are more impatient than in the past. Someone on a four-week vacation trip can discover upon their return, if they have forgotten to pay a bill, that the Enforcement Authority has withdrawn money from their bank account. There are special procedures for taxes because they must be paid by the due date even if the debtor considers them to be incorrect. The Authority will distrain the money, and if the tax claim is subsequently determined to be incorrect, the money will be refunded.
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Cannot as yet get a quarter of the assessments to be signed, directing daily warrants out to the high constables for their answering their contempt at the Council table. As soon as he can force them he will return an account. Whole regiments come daily to his house saying, "Distrain !" for they have no money. Did Nicholas know the charge he is at, and the trouble, he would plead for the writer and the Lords compassionate him. He has received £650 and given order to his undersheriff, Mr. Richard, to pay in £1,000.
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The aes hordearium was an annual allotment of 2000 asses paid during the Roman Republic to an Equus publicus for his military horse's upkeep. This money was paid by single women, which included both maidens and widows (viduae), and orphans (orbi), provided they possessed a certain amount of property, on the principle, as Barthold Georg Niebuhr remarks, "that in a military state, the women and children ought to contribute for those who fight in behalf of them and the commonwealth; it being borne in mind, that they were not included in the census."Cic. de Rep. II.20. The equites had a right to distrain (pignoris capio) if the aes hordearium was not paid.
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The necessity for attornment was abolished by an act of 1705. In mortgages, an attornment clause is a clause whereby the mortgagor attorns tenant to the mortgagee, thus giving the mortgagee the right to distrain, as an additional security. As used in modern legal transactions, the term attornment refers to an acknowledgment of the existence of the relationship of landlord and tenant. A tenant often has the duty under the tenant's lease, particularly in commercial leases, to provide an attornment upon request, and is required by a creditor or potential buyer of property from the landlord to establish the nature of existing encumbrances on and income streams flowing from a property, as an element of the due diligence process associated with the transaction.
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Kelly 1988, 190–213; Mitteis & Lieberich 1992, 44–8; Karl 2006, 124–5 Given that at least some contracts most likely were entered into in front of witnesses and secured by sureties, it is also likely that these may have been called up to give testimony, also supporting their accounts by similar oaths. We are lacking direct evidence as to what happened once a judgement had been found, and whether there were any appeals procedures possible, but most likely the party who had been convicted would have been expected to pay, by a certain date, any fines or premiums awarded to the victorious party. Any other form of punishment would probably be executed as well, if direct punishment possibly even right on the spot. If any fines or premiums awarded were not paid, it again is quite likely that the successful claimant then gained the right to distrain the convicted party and thereby recover a value equivalent to the unpaid fines or premiums.
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