in law, the seizing or distraining any thing for rent in arrear, or other duty unperformed.

The effect of this distress is to compel the party either to replevy the things distrained, and contest the taking, in an action of trespass against the distrainer; or rather to oblige him to compound and pay the debt or duty for which he was so distrained.

There are likewise compulsory distresses in actions, to cause a person appear in court; of which kind there is a distress personal of one's moveable goods, and the profits of his lands, for contempt in not appearing after summons: there is likewise distress real, of a person's immovable goods. In these cases none shall be distrained to answer for any thing touching their freeholds, but by the king's writ.

Distress may be either finite or infinite. Finite distress is that which is limited by law, in regard to the number of times it shall be made, in order to bring the party to a trial of the action. Infinite distress is that which is without any limitation, being made till the person appears: it is farther applied to jurors that do not appear; as, upon a certificate of assise, the process is venire facias, habeas corpora, and distresses infinite.

It is also divided into grand distress, and ordinary distress; of these the former extends to all the goods and chattels that the party has within the county. A person, of common right, may distrain for rents and all manner of services; and where a rent is reserved on a gift in tail, lease for life, or years, &c., though there be no clause of distress in the grant or lease, so as that he has the reversion: but on a feoffment made in fee, a distress may not be taken, unless it be expressly reserved in the deed.