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distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries.〔(【引用サイトリンク】title=Oxford Dictionaries )〕 Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury."〔Steven H. Gifis, ''Barron's Law Dictionary'', p. 139 (2d ed. 1984).〕 Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required,〔"Distress", Britannica CD 2000〕 the main exception being certain tax authorities, such as HM Revenue and Customs in the United Kingdom and, in the United States, the Internal Revenue Service—agencies that retain the legal power to levy assets (by either seizure or distraint) without a court order.〔See ''United States v. Rodgers'', 461 U.S. 677, 103 S. Ct. 2132, 83-1 U.S. Tax Cas. (CCH) paragr. 9374 (1983) (''dicta'') and ''Brian v. Gugin'', 853 F. Supp. 358, 94-1 U.S. Tax Cas. (CCH) paragr. 50,278 (D. Idaho 1994), ''aff’d'', 95-1 U.S. Tax Cas. (CCH) paragr. 50,067 (9th Cir. 1995).〕
==History==
Article 61 of the Magna Carta extended the law of distraint to the monarch's properties. In England in 1267 the Statute of Marlborough was passed making distraint unlawful without a court order.
:Chapter 1 (Distress, or Unlawful Distress) of the Statute of Marlborough 1267 provided that: all persons "as well of high as of low estate" were to receive justice in the King's court. No individual was to be entitled to seek "revenge or distress of his own authority" against his neighbour for any damage or injury suffered without first obtaining an award from the court.〔〔
Distress in this context was (and still is) a summary remedy designed to secure performance of an obligation or settlement of an outstanding debt.〔 First, it was the bedrock of the notion that all citizens, irrespective of rank, were entitled to seek civil justice through the King's court or courts. Secondly, it laid down a prohibition on individuals taking the law into their own hands and seeking remedies (revenge or distress) without the court's sanction.〔 That prohibition was reinforced with criminal penalties.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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