KFLCC Kingdom Law 2nd Ed.

382

DISTRICT

DISTURBANCE

trict, which may include a whole state or only part of it. Each of these courts is presided over by one judge, who must reside within the district. These courts have original jurisdic tion over all admiralty and maritime causes and all proceedings in bankruptcy, and over all penal and criminal matters cognizable under the laws of the United States, exclusive juris diction over which is not vested either in the supreme or circuit courts. Also inferior courts of record in California, Connecticut, Iowa, Kansas, Louisiana, Minnesota, Nebraska, Neva da, Ohio, and Texas are also called "district courts." Their jurisdiction is for the most part similar to that of county courts, (q. v.)— District judge. The judge of a United States district court; also, in some states, the judge of a district court of the state.— District par* ishes. Ecclesiastical divisions of parishes in England, for all purposes of worship, and for the celebration of marriages, christenings, church ings, and burials, formed at the instance of the queen's commissioners for building new church es. See 3 Steph. Comm. 744.— District regis try. By the English judicature act, 1873, § 60, it is provided that to facilitate proceedings in country districts the crown may, from time to time, by order in council, create district reg istries, and appoint district registrars for the purpose of issuing writs of summons, and for other purposes. Documents sealed in any such district 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 proceedings from a district registry to the office of the high court. Section 65. By order in council of 12th of August, 1875, a number of district registries have been established in the places mentioned in that order; and the prothonotaries in Liv erpool, Manchester, and Preston, the district registrar of the court of admiralty at Liver pool, and the county court registrars in the oth er places named, have been appointed district registrars. Wharton. As to "Fire," "Judicial," "Land," "Levee," "Mineral," "Mining," "Road," "School," and "Taxing" districts, see those titles. A terri tory situated on the Potomac river, and being the seat of government of the United States. It was originally ten miles square, and was composed of portions of Maryland and Vir ginia ceded by those states to the United States; but in 1846 the tract coming from Virginia was retroceded. Legally it is nei ther a state nor a territory, but is made sub ject, by the constitution, to the exclusive ju risdiction of congress. DISTRICT OF COLUMBIA. DISTRINGAS. In English practice. A writ directed 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 ap pearance. 3 Steph. Comm. 567. This writ issues in cases where it is found impractica ble to get at the defendant personally, 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 DISTRICTIO. La t A distress; a dis traint. CowelL

corporation aggregate. St 11 Geo. IV. and 1 Wm. IV. a 36. A form of execution in the actions of deti nue and assise of nuisance. Brooke, Abr. pi. 26; Barnet v. Ihrie, 1 Rawle (Pa.) 44. —Distringas jnratores. A writ command ing 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 comitem. A writ to distrain the goods of one who lately filled the office of sheriff, to compel 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 attached under a fi. fa. — Distringas vice comitem. A writ of distringas, directed to the coroner, may be issued against a sheriff if he neglects to execute a writ of venditioni exponas. Arch. Pr. 584. In feudal and old Eng lish law. To distrain; to coerce or compel. Spelman; Calvin. 1. Any act causing annoyance, disquiet, agitation, or derange ment to another, or interrupting his peace, or interfering with him in the pursuit of a lawful and appropriate occupation. Richard son v. State, 5 Tex. App. 472; State v. Stuth, 11 Wash. 423, 39 Pac. 665; George v. George. 47 N. H. 33; Varney v. French, 19 N. H. 233. 2. A wrong done to an incorporeal heredit ament by hindering or disquieting the owner in the enjoyment of it Finch, 187; 3 BL Comm. 235. —Disturbance of common. The doing any act by which the right of another to his com mon is incommoded or diminished; as where one who has no right of common puts his cat tle into the land, or where one who has a right of common puts in cattle which are not com monable, or surcharges the common; or where the owner of the land, or other person, incloses or otherwise obstructs 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 dimin ished. 3 Bl. Comm. 236; 3 Steph. Comm. 510; 2 Crabb, Real Prop. p. 1074, § 2472c— Dis turbance of patronage. The hindrance or obstruction of a patron from presenting his clerk to a benefice. 3 Bl. Comm. 242; 3 Steph. Comm. 514.— Disturbance of public wor ship. Any acts or conduct which interfere with the peace and good order of an assembly of persons lawfully met together for religious exercises. Lancaster v. State, 53 Ala. 398, 25 Am. Rep. 625; Brown v. State, 46 Ala. 183; McElroy v. State, 25 Tex. 507 —Disturbance of tenure. In the law of tenure, disturbance is where a stranger, by menaces, force, persua sion, or otherwise, causes a tenant to leave his tenancy; this disturbance of tenure is an in jury to the lord for which an action will lie. 3 Steph. Comm. 414.— Disturbance of the peace. Interruption of the peace, quiet, and good order of a neighborhood or community, particularly by unnecessary and distracting nois es. City of St. Charles v. Meyer, 58 Mo. 89; Yokum v. State (Tex. Cr. App) 21 S. W. 191. — Disturbance of ways. This happens where a person who has a right of way over another's DISTRINGERE. DISTURBANCE.