in its ordinary acceptation, denotes calamity, misery, or suffering.

English Law, the seizing or distraining of the cattle or goods of an alleged defaulter or wrong-doer, for the purpose of compelling him (through the inconvenience or loss resulting from such procedure) to perform the act in which he is a defaulter, or to make compensation for the wrong which he has committed.

The most usual injury for which a distress is resorted to is the non-payment of rent, including rents-seek, rents of assize, and chief rents, as well as rents reserved upon lease. Distress is also resorted to for damage done (damage feasant), as when injury is sustained from cattle or goods being wrongfully upon property, and causing damage there, either by treading down grass or the like, or by merely encumbering such property. It may also be taken for neglecting to do suit to the lord's court, or other certain personal service, for amercements in a court leet, and also for the several duties and penalties imposed by special acts of parliament, for the relief of the poor, &c.

All chattels personal, as a general rule, are liable to be distrained, with the following exceptions: animals feræ naturæ; whatever for the time is in the personal use or occupation of a man; things delivered to a person exercising a public trade, to be carried, wrought, or managed for his customer; things in the custody of the law; whatever cannot be returned in as good condition as when distrained; fixtures; growing corn; beasts used at the plough; the instruments of a man's trade or profession, provided a sufficient distress can be found otherwise.

The effect of this distress is to compel the party either to institute an action against the distrainer, or to oblige him to make satisfaction for the debt or duty for which the distress was made; and in statute distresses, and under various acts of parliament, in distresses for rent, a power of sale is given, after notice, to effectuate the remedy. (n. m.—m.)

In Scotch law the term equivalent to distress is poinding. The word distress is, however, colloquially used in Scotland in the same sense as in England, and it is frequently the term made use of in revenue and other statutes for the seizure of a defaulter's goods.