KFLCC Kingdom Law 2nd Ed.

380

DISTRAHERB

DISSOLUTION

ence as a body politic. This may take place in 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. Matthews v. Bank, 60 S. C. 183, 38 S. E. 437; Lyons-Thomas Hard ware Co. v. Perry Stove Mfg. Co., 86 Tex. 143, 24 S. W. 16, 22 L. R. A. 802; Theis v. Gaslight Co., 34 Wash. 23, 74 Pac. 1004. 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 Jones T. Hill, 6 N. a 131. PARLIAMENT. The crown may dissolve parliament either in person or by proclamation; the dissolution is usually by proclamation, after a prorogation. No parliament may last for a longer period than seven years. Septennial Act, 1 Geo. I. c. 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, Pari. Pr. (6th Ed.) 48. Brown. To terminate; abrogate; rancel; annul; disintegrate. To release or unloose the binding force of anything. As to "dissolve a corporation," to "dissolve an injunction." See DISSOLUTION. DISSOLVING BOND. A bond given to obtain the dissolution of a legal writ or process, particularly an attachment or an injunction, and conditioned to indemnify the opposite party or to abide the judgment to be given. See Sanger v. Hibbard, 2 Ind. T. 547, 53 S. W. 330. 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. DISTILL. To subject to a process of distillation, i. e., vaporizing the more vola tile parts of a substance and then condensing the vapor so formed. In law, the term Is chiefly used in connection with the manufac ture of intoxicating liquors. —Distilled liquor or distilled spirits. A term which includes all potable alcoholic liq uors obtained by the process of distillation, (such as whisky, brandy, rum, and gin) but excludes fermented and malt liquors, such as wine and beer. U. S. Rev. St. |§ 3248, 3289, 3299 (U. S. Comp. St. 1901, pp. 2107, 2132, 2153); U. S, v. Anthony, 14 Blatchf. 92, Fed. Cas. No. 14,460; State v. Williamson, 21 Mo. 496; Boyd v. U. S., 3 Fed. Cas. 1098; Sarlls v. U. S., 152 U. S. 570, 14 Sup. Ct 720. 38 L. Ed. 556.—Distiller. Every per DISSOLUTION OF DISSOLVE.

son who produces distilled spirits, or who brews or makes mash, wort, or wash, fit for distilla tion or for the production of spirits, or who. by any process of evaporization, separates al coholic 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 (U. S. Comp. St. 1901, p. 2107). See Johnson v. State, 44 Ala. 416; U. S. v. Frerichs, 25 Fed. Cas. 1218; U. S. v. Wittig, 28 Fed. Cas. 745; U. S. v. Ridenour (D. C.) 119 Fed. 411.—Distillery. The strict mean ing of "distillery" is a place or building where alcoholic liquors are distilled or manufactured; not every building where the process of dis tillation is used. Atlantic Dock Co. v. Libby, 45 N. Y. 499; U. S. v. Blaisdell, 24 Fed. Cas. 1162. DISTINCTE ET APERTE. In old Eng lish 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; Bloss v. Tobey, 2 Pick. (Mass.) 327; Owens v. Mis sionary Society, 14 N. Y. 380, 393, 67 Am. Dec. 160. Distinguenda sunt tempora; alind est facere, alind perficere. Times must be distinguished; it is one thing to do, another to perfect 3 Leon. 243; Branch, Prlnc. 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. To point out an essen tial difference; to prove a case cited as ap plicable, inapplicable. DISTRACTED PERSON. A term 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. Snyder v. Snyder, 142 111. 60, 31 N. E. 303. DISTRACTIO. Lat In the civil law. A separation or division into parts; also an alienation or sale. Sometimes applied to the act of a guardian in appropriating the prop erty of his ward. —Distractio bonornm. The sale at retail of the property of an insolvent estate, under the management of a curator appointed in the in terest of the creditors, and for the purpose of realizing as much as possible for the satisfac tion of their claim. Mackeld. Rom. Law, § 524. —Distractio pignoris. The sale of a thing pledged or hypothecated, by the creditor or pledgee, to obtain satisfaction of his claim on the debtor's failure to pay or redeem. Idem. § 348. DISTRAHERE. To sell; to draw apart; to dissolve a contract; to divorce. Calvin.