DISTRESS, in English law, is the common-law remedy by which a man may remune rate himself for non-payment of rent or other duties, or may impound another's cattle trespassing upon his land. Distress is defined to be " the taking of a peronal chattel out of the possession of the wrong-doer into the custody of the party injured, to procure a satisfaction for the wrong committed."—Stephen's Com. iii. 342. Distress is a remedy of the feudal law. It was an incident quite inseparable from the fealty to the lord; so that, as lord Coke lays down, a lord granting the rent to another, and retaining the fealty, the grantee of the rent could not distrein.—Co. Litt. 130 a. Distress was inci dent to every service; hence it might be put in force for failure to do suit in the lord's court, or for not payment of the duties awarded in a court leet. In modern days, distress is practically enforced chiefly for non-payment of rent, for non-payment of certain pub lic rates, and upon cattle straying upon land not belonging to their master. Cattle so
straying may be impounded and retained as security till their owner makes satisfaction. Distress for public rates is allowed by the. statutes imposing the rates. In this species of distress, and distress for non-payment of rent, the articles are not merely kept as security, but may be sold to pay the amount due. Whatever goods the landlord finds on the premises, even goods belonging to a stranger, may be distreined; but animalsfertematurce, and goods delivered to the tenant by way of trade, may not be taken. A landlord may, by special statute, 11 Geo. II. c. 19, distrein goods fraudulently carried off the premises; and by the same statute he may, with the assistance of the peace-officer of the parish, break open doors to obtain the goods so removed.—See Stephen's Coin. iii. 341-30.