KFLCC Kingdom Law 2nd Ed.

381

DISTRICT

DISTRAIN

DISTRIBUTEE. An heir; a person en titled to share in the distribution of an es tate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal es tate of one who is dead intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. Southern By., 68 S. C. 554, 48 S. E. 4. In practice. The ap portionment and division, under authority of a court, of the remainder of the estate of an intestate, after payment of the debts and charges, among those who are legally entitled to share in the same. Rogers v. Gil lett, 56 Iowa, 266, 9 N. W. 204; William Hill Co. v. Lawler, 116 Cal. 359, 48 Pac. 323; In re Oreighton, 12 Neb. 280, 11 N. W. 313; Thomson v. Tracy, 60 N. Y. 180. —Statute of distributions. A law prescrib ing the manner of the distribution of the es tate of an intestate among his heirs or rela tives. Such statutes exist in all the states. Exercising or accom plishing distribution; apportioning, dividing, and assigning in separate items or shares. —Distributive finding of the issue. The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases in which an issue may be found distributively, i. e., in part for plaintiff, and in part for defendant. Thus, in an action for goods sold and work done, if the defendant pleaded that he never was indebted, on which issue was joined, a verdict might be found for the plaintiff as to the goods, and for the defendant as to the work. Steph. PI. (7th Ed.) lid.— Distributive justice. See JUS TICE.—Distributive share. The share or por tion which a given heir receives on the legal distribution of an intestate estate, People v. Beckwith, 10 N. Y. St. Rep. 97; Page v. Rives, 18 Fed. Cas. 992. Sometimes, by an exten sion of meaning, the share or portion assigned to a given person on the distribution of any estate or fund, as, under an assignment for creditors or under insolvency proceedings. One of the portions into which an entire state or country may be di vided, for judicial, political, or administra tive purposes. The United States are divided into judicial districts, in each of which is established a district court. They are also divided into election districts, collection districts, etc. The circuit or territory within which a per son may be compelled to appear. Cowell. Circuit of authority; province. Enc. Lond. —District attorney. The prosecuting officer of the United States government in each of the federal judicial districts. Also, under the state governments, the prosecuting officer who repre sents the state in each of its judicial districts. In some states, where the territory is divided, for judicial purposes, into sections called by some other name than "districts," the same offi cer is denominated "county attorney" or "state's attorney." Smith v. Scranton, 3 C. P. Rep. (Pa.) 84; State v. Salge, 2 Nev. 324.— District clerk. The clerk of a district court of either a state or the United States.—Dis trict courts. Courts of the United States, each having territorial jurisdiction over a dis- DISTRIBUTION. DISTRIBUTIVE. DISTRICT.

DISTRAIN. To take as a pledge prop erty of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev. 32, B, C. 223. Boyd v. Howden, 3 Daly (N. T.) 457; Byers v. Ferguson, 41 Or. 77, 68 Pac. 5. Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties.

DISTRAINER, or DISTRAINOR.

He

who seizes a distress.

DISTRAINT.

Seizure; the act of dis

training or making a distress.

DISTRESS. The taking a personal chat tel out of the possession of a wrong-doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cat tle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emig v. Cunningham, 62 Md. 460; Hard v. Near ing, 44 Barb. (N. T.) 488; Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or other personal property by way of pledge, to en force the performance of something due from the party distrained upon. 3 Bl. Comm. 231. The taking of a defendant's goods, in order to compel an appearance in court. Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Mar shall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong. —Distress infinite. One that has no bounds with regard to its quantity, and may be re peated from time to time, until the stubborn ness of the party is conquered. Such are dis tresses for fealty or suit of court, and for com Silling jurors to attend. 3 Bl. Comm. 231.— istress warrant. A writ authorizing an of ficer to made a distraint; particularly, a writ authorizing the levy of a distress on the chat tels of a tenant for non-pavment of rent. Bai leyville v. Lowell, 20 Me. 181; Bagwell v. Jami son, Cheves (S. C.) 252.—Grand distress, writ of. A writ formerly issued in the real action of quare impedit, when no appearance had been entered after the attachment; it com manded the sheriff to distrain the defendant's lands and chattels in order to compel appear ance. It is no longer used, 23 & 24 Vict. c. 126, ft 26, having abolished the action of quare im pedit, and substituted for it the procedure in an ordinary action. Wharton.—Second distress. A supplementary distress for rent in arrear, allowed by law in some cases, where the goods seized under the first distress are not of suffi cient value to satisfy the claim.