Blacks Law Dict. 1st ed

378

DISTRESS

DISSOLUTION

ured; not every building where the process of distillation is used. 45 N. Y. 499. DISTINCTE ET APERTE. In old En glish practice. Distinctly and openly. Form al words in writs of error, referring to the return required to be made to them. Reg. Orig. 17. Distinguenda sunt tempora. The time is to be considered. 1 Coke, 16a; 2 Pick. 327; 14 N. Y. 380, 393. Distinguenda sunt tempora; aliud est faeere, aliud perficere. Times must be distinguished; it is one thing to do, another to perfect. 3 Leon. 243; Branch, Princ. Distinguenda sunt tempora; distingue tempora et concordabis leges. Times are to be distinguished; distinguish times, and you will harmonize laws. 1 Coke, 24. A maxim applied to the construction of stat utes. DISTINGUISH. Topoint out an essen tial difference; to prove a case cited as ap plicable, inapplicable. DISTRACTED PERSON. Aterm used in the statutes of Illinois (Rev. Laws 111. 1833, p. 332) and New Hampshire (Dig. N. H. Laws, 1830, p. 339) to express a state of insanity. DISTRACTIO. In the civil law. The sale of a pledge by a debtor. The appropria tion of the property of a ward by a guardian. Calvin. DISTRAHERE. Tosell; todraw apart; to dissolve a contract; to divorce. Calvin. DISTRAIN. To take as a pledge prop erty of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev.32, B, C, 223. Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties. DISTRAINER, or DISTRAINOR. He who seizes a distress. DISTRAINT. Seizure. DISTRESS. The taking a personal chat tel out of the possession of a wrong-doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cat tle. 3 Bl. Comm. 6, 7; Co. Litt. 47. The

several ways; as by act of the legislature, where that is constitutional; by surrender or forfeiture of its charter; by expiration of its charter by lapse of time; by proceedings for winding it up under the law; by loss of all its members or their reduction below the statutory limit. In practice. The act of rendering a legal proceeding null, abrogating or revoking it; unloosing its constraining force; as when an injunction is dissolved by the court. DISSOLUTION OP PARLIAMENT. The crown may dissolve parliament either in person or by proclamation; the dissolution is usually by proclamation, after a prorogation. No pailiament may last for a longer period than seven years. Septennial Act, 1 Geo. I. o. 38. Under 6 Anne, c. 37, upon a demise of the crown, parliament became ipso facto dissolved six months afterwards, but under the Reform Act, 1867, its continuance is now nowise affected by such demise. May, Parl. Pr. (6th Ed.) 48. Brown. DISSOLVE. To terminate; abrogate; cancel; annul; disintegrate. To release or unloose the binding force of anything. As to "dissolve a corporation," to "dissolve an injunction." The phrase "dissolving a corporation" is some times used as synonymous with annulling the charter or terminating the existence of the corpo ration, and sometimes as meaning merely a judi cial act which alienates the property and suspends the business of the corporation, without terminat ing its existence. A corporation may, for certain purposes, be considered as dissolved so far as to be incapable of doing injury to the public, while it yet retains vitality so far as essential for the pro tection of the rights of others. 1 Holmes, 104. DISSUADE. In criminal law. To ad vise and procure a person not to do an act. To dissuade a witness from giving evidence against a person indicted is an indictable of fense at common law. Hawk. P. C. b. 1, c. 21. § 15. DISTILLER. Every person who pro duces distilled spirits, or who brews or makes mash, wort, or wash, fit for distillation or for the production of spirits, or who, by any process of evaporization, separates alcoholic spirit from any fermented substance, or who, making or keeping mash, wort, or wash, has also in his possession or use a still, shall be regarded as a distiller. Rev. St. U. S. § 3247. See 16 Blatchf. 547; 2 Ben. 438. DISTILLERY. The strict meaning of "distillery" is a place or building where alcoholic liquors are distilled or manufact

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