Blacks Law Dict. 1st ed

880

DISTRICTIO

DISTURBANCE OF WAYS

order in council, create district registries, and appoint district registrars for the purpose of issuing writs of summons, and for other pur poses. Documents sealed in any such dis trict registry shall be received in evidence without further proof, (section 61;) and the district registrars may administer oaths or do other things as provided by rules or a special order of the court, (section 62.) Power, how ever, is given to a judge to remove proceed ings from a district registry to the office of the high court. Section 65. By order in coun cil of 12th of August, 1875, a number of dis trict registries have been established in the places mentioned in that order; and the pro thonotaries in Liverpool, Manchester, and Preston, the district registrar of the court of admiralty at Liverpool, and the county court registrars in the other places named, have been appointed district registrars. Wharton. DISTRINGAS. In English practice. A writ diiected to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain up on the goods and chattels of the defendant for forty shillings, in order to compel his appear ance. 3 Steph. Comm. 567. This writ issues in cases where it is found impracticable to get at the defendant peisonally, 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 deti nue and assise of nuisance. Brooke, Abr. pi. 26; 1 Rawle, 44. DISTRINGAS JURATORES. 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 COMI TEM. A writ to distrain the goods of one who lately filled the office of sheriff, to com pel him to do some act which he ought to have done before leaving the office; as to bring in the body of a defendant, or to sell goods at tached under afi.fa. DISTRICTIO. A distress; a distraint. Cowell.

DISTRINGAS VICECOMITEM. A writ of distringas, directed to the coroner, maybe issued against a sheriff if he neglects to execute a writ of venditioni exponas. Arch. Pr. 584. DISTRINGERE. In feudal and old En glish law. To distrain; to coerce or compel. Spelman; Calvin. DISTURBANCE. A wrong done to an incorporeal hereditament by hindering or dis quieting the owner in the enjoyment of it. Finch, 187; 3 Bl. Comm. 235. DISTURBANCE OP COMMON. The doing any act by which the right of another to his common is incommoded or diminished \ as where one who has no right of common puts his cattle into the land, or where one who ha3 a right of common puts in cattle which are not commonable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise ob structs it. 3 Bl. Comm. 237-241; 3 Steph. Comm. 511, 512. DISTURBANCE OF FRANCHISE. The disturbing or incommoding a man in the lawful exercise of his franchise, whereby the profits arising from it are diminished 3 Bl. Comm. 236; 3 Steph. Comm. 510; 2 Crabb, Real Prop. p. 1074, § 2472a. DISTURBANCE OF PATRONAGE. The hindrance or obstruction of a patron from presenting his clerk to a benefice. $ Bl. Comm. 242; 3 Steph. Comm. 514. DISTURBANCE OF PUBLIC WOR SHIP. Any acts or cond uct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises. DISTURBANCE OF TENURE. In the law of tenure, disturbance is where a stranger, by menaces, force, persuasion, or otherwise, causes a tenant to leave his ten ancy; this disturbance of tenure is an injury to the lord for which an action will lie. 3 Steph. Comm. 414. DISTURBANCE OF WAYS. This happens where a person who has a right of way over another's ground by grant or pre scription is obstructed by inclosures or other obstacles, or by plowing across it, by which means he cannot enjoy his right of way, or at least in so commodious a manner as he might have done. 3 Bl. Comm. 241.

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