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Joined: Jan 2001
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Carpal Tunnel
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OP
Carpal Tunnel
Joined: Jan 2001
Posts: 13,858 |
Distraint had to be used very often in medieval times:
distraint In legal actions it was sometimes necessary to compel a defendant to come to court to answer a charge. One method of compulsion was to distrain on the personal property of the defendant; that is, to seize some of the defendant's possessions so that he could only regain them by providing sureties for coming to court, or by an illegal rescue. Usually moveables at the defendant's residence or place of business were targeted. "Distraint" might refer to the action of arrest (also called distress) or to the objects arrested. Sometimes a recalcitrant defendant might have to be distrained repeatedly. Distraint could also be applied to compensate a plaintiff in cases of debt, arrears of rent, or the cost of damages awarded by the court, where the convicted party refused to pay. Unless distraint was authorized by the court (so that a town officer, or even the plaintiff himself, could undertake it), it was itself a crime -- with some exceptions. The process of distraint is described somewhat in the custumal of Ipswich, cap.34, and that of Norwich, cap.14 and cap.30. "Attachment" was a more general term for the means by which a defendant could be obliged to answer a charge; it might be accomplished by pledges, through personal property voluntarily offered or (if necessary) distrained, or by having the defendant arrested ("attached by the body").
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Joined: Jan 2001
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Carpal Tunnel
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OP
Carpal Tunnel
Joined: Jan 2001
Posts: 13,858 |
And Huntington's Chorea distrained and derailed his career.
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