Legal Definitions - distringas vicecomitem

The term distringas vicecomitem refers to a historical legal writ, or court order, used in common law systems.

In essence, it was a mechanism to compel a sheriff to perform a duty they had neglected. Specifically, this writ was issued when a sheriff had seized property belonging to a debtor (following a court judgment) but then failed to proceed with the sale of that property. The distringas vicecomitem would direct another official, typically the coroner, to seize the sheriff's own property as a form of leverage, forcing the sheriff to complete their original task of selling the debtor's assets and satisfying the judgment.

• Example 1: A court ruled that Mr. Henderson owed Ms. Davies a significant sum of money. To satisfy this debt, the court issued an order for the sheriff to seize and sell Mr. Henderson's valuable antique car collection. The sheriff successfully seized the cars but then, for unknown reasons, failed to proceed with their sale for several months, leaving Ms. Davies unable to collect her judgment. In this historical context, Ms. Davies' legal team might have sought a distringas vicecomitem. This writ would have directed the coroner to seize some of the sheriff's personal property, like their land or goods, to pressure the sheriff into finally selling Mr. Henderson's car collection and fulfilling their duty.

• Example 2: Following a successful lawsuit, a construction company was awarded damages against a defaulting subcontractor. The court issued a writ instructing the local sheriff to seize and sell the subcontractor's heavy machinery to cover the judgment. The sheriff seized the machinery but then neglected to organize its public auction, causing significant financial hardship and further delays for the construction company. To compel the sheriff to act, the construction company's lawyers, in a historical legal system, could have petitioned for a distringas vicecomitem. This would have empowered the coroner to take possession of some of the sheriff's own assets until the sheriff completed the sale of the machinery as ordered by the court.