Failure to make this payment promptly might have led to loss of the right, hence the rigorous penalty of distraint upon the looms of individual weavers who fell into arrears.
A distraint was merely a security to secure a person's services, if he agreed he owed them, or his attendance in court, if he did not agree that he owed them.
No one may drive animals taken by distraint out of the shire where they have been taken.
Distraint was a landlord's method of forcing a tenant to perform the services of his fief.
No one shall make distraint of property until he has appealed for justice in the hundred court and shire court".
But when such a distraint was made on such articles, so indispensable in their uses even for a day, to say nothing of weeks, and no rent nor debt of any kind owing, the case is peculiarly a hard one on the tenant.
In Romney a burgess might recover money owed to him by a stranger in the town by himself going, in the absence of the bailiff, to make distraint on the stranger’s goods under the sole condition of delivering the distraint to the bailiff.
If a man has no debt of corn or money due from a man on whom he has levied a distraint, for each such distraint he shall pay one-third of a mina of silver.
If a man has corn or money due from another man and has levied a distraint and the hostage has died a natural death in the house of the creditor, he cannot be held responsible.
If a man has levied a distraint on a working ox, he shall pay one-third of a mina of silver.
But this is rather a process of distraint upon the goods of the debtor, in case of non-payment, than a case of pledge.
The lien created by this tax was upon the land and real estate of the "individuals" assessed for the same, and for its collection the distraint and sale of personal property of the "persons delinquent" were permitted.
Various gas and water companies have also statutory powers of distraint under special acts, but the policy of recent legislation has been to discourage any extension of such privileges.
In several of the writs fordistraint of knighthood from Henry III.
Every blade had been cut and carried in the night, and was then stacked on the ground on which no distraintcould be levied.
Everything has been carried off under distraint for rent, so they said, who came here.
Distraint on a debtor's corn was forbidden by the Code; not only must the creditor give it back, but his illegal action forfeited his claim altogether.
An unwarranted seizure for debt was fined, as was the distraint of a working ox.
In a few cases distraint has been threatened, but generally the poor are living rent free.
There was a poor woman who kept a shop, and she was threatened with a distraint for her poor-rate.
Distraint was not unknown, but it was the last expedient which the creditor was entitled to adopt after all other means had failed.
As before-mentioned nodistraint could be levied on a working-ox, and indeed distraint of any kind could apparently only be issued subsequently to the consent of the debtor.
As a further safeguard for the unfortunate money-borrower it was made illegal to exercise distraint for rent or anything else upon a working ox.
Within the twelvemonth, a distraint was levied upon him for non-payment of moneys that were owing.
On the house and property a distraint had been levied for moneys due which had not been paid.
Although a taxpayer must be afforded a fair opportunity for hearing in connection with the collection of taxes,[115] collection by distraint of personal property is lawful if the taxpayer is allowed a hearing thereafter.
These cases involve such matters as the seizure and distraint of property, wrongs done by government corporations, etc.
