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Dictionary of Law Terms: Distress

Disseisin. A wrongful invasion of the possession of another, and turning him out from the occupation of his lands, either by force or surprise. Distress. Seizing and taking personal chattels out of the hands of a wrong-doer to enforce satisfaction. Distress is resorted to, to enforce payment of rent, taxes, dower, etc.

Distringas. The name of a writ commanding the sheriff to make a distress. The form of execution in detinue and assize of nuisance. Doli Capax. Capable of committing a crime.

Doli Incapax. Incapable of committing a crime.

Domicile. The domicile of a person is where he has his permanent home. There are three sorts of domiciles-by birth, by choice, and by operation of law. Donatio Mortis Causa. A gift of chattels made and delivered by a person in a dying state, to become absolute only in the event of his death. Duces Tecum. A clause added to a subpœna requiring the witness to bring with him, and produce at the trial, certain documents in his possession. Duress. Anything done under compulsion and through unavoidable necessity. Easement. A convenience which one has in or over the lands of another, as a way or a water course.

Efluxion of Time. The expiration of a term in its natural course as contradistinguished to its determination by act of the parties. Ejectment. An action at law to recover the possession of lands. Eligit. A writ of execution under which all the debtor's lands may be seized or extended, and held by the judgment creditor until his judgment is satisfied. Embezzlement. The act of appropriating that which is received in trust for another, which is a criminal offence.

Emblements. The growing crops which are annually produced by the labor of the cultivator. They are deemed personal property, and pass as such to the executors, and not to the heir.