Legal Definitions - distringas nuper vicecomitem

Distringas nuper vicecomitem is a historical legal term that refers to a specific type of court order. It was issued to compel a former sheriff to complete an official duty that they had failed to perform while still in office. This writ authorized the *current* sheriff to seize the personal property of the *former* sheriff until the outstanding obligation was fulfilled. Essentially, it served as a mechanism to ensure accountability for sheriffs even after their term ended, by using the threat of personal property seizure to force compliance with uncompleted official duties.

Here are a few examples illustrating how this legal term would have applied:

• Failure to Produce a Defendant: Imagine a scenario where Sheriff Thompson was ordered by a court to bring a specific individual, Mr. Davies, to testify in a civil case. Before Sheriff Thompson could locate and bring Mr. Davies to court, his term ended, and Sheriff Miller took over. Mr. Davies still hadn't appeared in court as required.

  In this situation, the court could issue a distringas nuper vicecomitem to Sheriff Miller. This writ would instruct Sheriff Miller to seize Sheriff Thompson's personal assets (such as a portion of his land or personal belongings) until Sheriff Thompson ensured Mr. Davies was brought before the court as originally ordered. This pressure would compel the former sheriff to complete his unfulfilled duty.

• Failure to Sell Seized Goods: Consider a case where a court issued a writ of fieri facias to Sheriff Rodriguez, instructing her to seize and sell a debtor's valuable antique car to satisfy a judgment. Sheriff Rodriguez successfully seized the car but, due to an administrative oversight or delay, left office before the car was sold and the proceeds distributed to the creditor.

  The creditor, still awaiting payment, could petition the court for a distringas nuper vicecomitem. This writ would empower the new sheriff to take possession of Sheriff Rodriguez's personal property until she completed the sale of the antique car and properly accounted for and disbursed the funds to the rightful creditor, thus fulfilling her original obligation.

• Failure to Account for Funds: During his tenure, Sheriff O'Malley collected various fines and fees on behalf of the county. Upon leaving office, an audit revealed a discrepancy in the accounts, suggesting that a significant sum collected by Sheriff O'Malley had not been properly deposited or accounted for in the county treasury.

  To compel Sheriff O'Malley to provide a full accounting and rectify the missing funds, the court could issue a distringas nuper vicecomitem. This would authorize the new sheriff to seize Sheriff O'Malley's personal property until he fully explained the discrepancy and ensured all collected funds were properly accounted for and transferred to the county treasury, thereby completing his duty to manage public funds responsibly.