The property " held for ransom, " in a sense, is said to be " distrained, " or " distressed . " The key connotation of the word " distraint " is that there is often a taking of possession or withholding of property to induce a debtor to pay an obligation.
32.
Additionally, the Supreme Court's opinion in " Flora v . United States ", 362 U . S . 145, 176 ( 1960 ), is often quoted for the proposition that " our system of taxation is based upon voluntary assessment and payment, not upon distraint ."
33.
To raise revenue without reconvening Parliament, Charles resurrected an all-but-forgotten law called the " Distraint of Knighthood ", in abeyance for over a century, which required any man who earned ?0 or more from land each year to present himself at the king's coronation to be knighted.
34.
Today, some kind of court action is usually required, 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.
35.
The quoted language from " Flora " refers to the Federal income tax : " Our system of taxation is based upon voluntary assessment and payment, not upon distraint . " The key words are " voluntary " and " distraint . " Like many legal terms, " voluntary " has more than one legal meaning.
36.
The quoted language from " Flora " refers to the Federal income tax : " Our system of taxation is based upon voluntary assessment and payment, not upon distraint . " The key words are " voluntary " and " distraint . " Like many legal terms, " voluntary " has more than one legal meaning.
37.
A first possibility is for failure to settle, the lot reverting to the Crown, for their not arranging for the required number of settlers, within the laid down ten-year deadline; or forfeiting the lot, under conditions of Distraint, for failing in the first four years to settle even one third of the lot.
38.
Rabbi Simeon, however, ( addressing the purpose of the text ) taught that a wealthy widow was subject to distraint, but not a poor one, for the creditor was bound ( by ) to return the pledge to her, and would bring her into disrepute among her neighbors ( by her frequent visits to the creditor ).
39.
It was thought that distraint would be abolished in the UK when the Tribunals, Courts and Enforcement Act 2007, s . 71 came into force, replacing the remedy, solely for leases on commercial property, by a statutory system of Commercial Rent Arrears Recovery ( CRAR ) ( the Tribunals, Courts and Enforcement Act 2007 received Royal Assent July 2007 but no date for implementation was published.
40.
On October 9, 1635, a second writ of "'ship tax "'was issued, directed on this occasion, as in the revoked writ of 1628, to the sheriffs and justices of inland as well as of maritime counties and towns, demanding the sum of ?07, 000 which was to be obtained by assessment on personal as well as real property, payment to be enforced by distraint.
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