distrainable (distranabl)
The Century Dictionary and Cyclopedia · 1897 · p. 109
[ Instead therefore of mentioning those things which are distrainable, it will be easier to recount those which are not so, with the reason of their particular exemption. Black stone , Com., III. i. distrainer, distrainor (dis-trā'nėr, -nor), n. [OF. (AF.) destreinor, seizure by way of distre . The distrainer has no other power than to retain them Black stone, Com., III. i. [chattels which have been seized) till satisfaction is made. The Sheriff first of all demanded a view of the impounded cattle; if this were refused, he treated the distrainor as having committed a violent breach of the King's peace. traincte, distraincte, restraint, That same net so cunningly was wound, That neither guile nor force might it dist raine . Spenser, F. Q., II. xii. 82. 21. To pre with force; bear with force upon; constrain; compel. The gentyl faucon that with his feet distraynith The kyngis hand. Chaucer , Parliament of Fowls, 1. 337. Distreyne here herte as faste to retorne, As thou dost myn to longen here to se. Chaucer , Troilus, v. 596. The distraint of cattle for damage still retains a variety of archaic features. It is not a complete remedy. The taker merely keeps the cattle until satisfaction is made to him for the injury, or till they are returned by him on an engagement to contest the right to distrain in an action of Replevin. Maine, Early Hist. of Institutions, p. 262. distrait (dis-trā'), a. [F., = E. distract, distraught, And then she got Grace supper, and tried to make her talk; but she was distrait , reserved. Kingsley, Two Years Ago, xxvi. 2. In French law , awarded to another. See dis traction , 9. distratt, a. See distract. Chaucer. And Chaucer, Knight's Tale, 1. 597. Moch he were distrained in thought, for the dede sighed full ofte there. Rom . of Partenay (E. E. T. S.), 1. 614. Some secret sorrow did her heart dist raine . Spenser, F. Q., I. vii. 38. 5t. To gain or take po e ion of; seize; secure. The prover be saith, he that to mucheenbraceth distrain eth litell. Testament of Love. Here's Beaufort, that regards nor God nor king, Hath here distrain'd the Tower to his use. another form of distract, destrat, distracted, etc.: see distract, a. ] 1†. Drawn apart; separated. She sent an arrow forth with mighty draught,... And, in his nape arriving, through it thrild His greedy throte, therewith in two distraught . Spenser, F. Q., IV. vii. 31. 2. Distracted; bewildered; perplexed; being in or manifesting a state of distraction. Distrauhte in thouhte, refourme hem to resoun. Lydgate , Minor Poems, p. 206. To doubt betwixt our senses and our souls Which are the most distraught and full of pain. Mrs. Browning. His aspect was so dazed and distraught as to suggest the suspicion that the sherry had been exceptionally po- tent. J. Hawthorne, Dust, p. 165. as a pledge or security until satisfaction was made, as by the payment of a debt, the discharge of some duty, or as reparation for an injury done, with the right in certain cases to sell it to obtain satisfaction - as in the instance of the impounding of cattle, damage feasant, or the taking by the landlord of the goods and chattels of a tenant while Ford, Lover's Melancholy, iv. 2. still upon the premises, for the non-payment of rent. Forc'd to the field he came, but in the rear; And feign'd distraction to conceal his fear. Dryden, Ajax and Uly es, 1. 52. To live upon the hopes of unseen things is madne and distraction, if there be no heaven, no unseen things for us. Bp. Atterbury , Sermons, I., Pref. to xi. 7. A cause of diversion or of bewilderment, as of the attention or the mind; something that distracts, in any sense: as, the distractions of gayety or of busine ; labor is often a distrac tion from gloomy thoughts. The invitation offered an agreeable distraction to Maggie's tears. George Eliot , Mill on the Flo , i. 4. He [Shakspere] allows us here and there the repose of a commonplace character, the consoling distraction of a humorous one. Lowell , Among my Books, 1st ser., p. 182. 8. In Gr.gram., the dialectic or poetical use of two similar vowels identical in pronunciation, or differing only in quantity, for a single long vowel in the ordinary Greek form: as, φόως for φῶς, ὁρόω for ὁρῶ, κράατος for κράτος, κληηδών for κληδών, etc. Such forms are really examples of a im ilation, as an intermediate stage between an earlier open form with different vowels and the later contracted form: as, (1) ὁράω, (2) ὁρόω, (3) ὁρῶ. 9. In French - Canadian law, the divesting of the right to costs from the client or other person presumptively or ordinarily entitled, and the declaration of it to belong to the attorney, guardian, or other person equitably entitled. If anie member, of his froward disposition or otherwise, refuse to pay quarterage, penalties, arrearages, or other amerciaments, the master and wardens, with their officers, shall have power at lawful times to enter such member's shop, and distrain the same. Quoted in English Gilds (E. E. T. S.), Int., p. cxxvii., note. They thought it law full, and made it a use to dist rayne one an others goodes for small detts. Spenser , State of Ireland. The plaintiff in the action was the owner of the dis trained cattle, and the defendant was the distrainor. Maine, Early Hist. of Institutions, p. 265. ( b ) To seize and hold in satisfaction of a demand or claim, or in order to compel the performance of an obligation; seize under judicial proce or authority: said of any movable property, or of goods and chattels. See distringas and distre . II. in trans. To make seizure of goods in satisfaction of a claim, or in order to compel the performance of an obligation. The earl answered, I will not lend money to my super i our, upon whom I cannot distrain for the debt. Camden, Remains. For neglecting to do suit to the lord's court, or other certain personal service, the lord may distrain of common right. Black stone , Com., III. i. Unle the complainant who sought to distrain went through all the acts and words required by the law with the most rigorous accuracy, he in his turn incurred a variety of penalties. Maine, Early Hist. of Institutions, p. 273. My weake distraughted mynd. stream.] To flow out or over. Yet o'er that virtuous blush dist reams a tear, Shenstone.
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