Page:Black's Law Dictionary (Second Edition).djvu/388

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DISSOLUTION 380 DISTRAHERE

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 ail its members or their reduction below the statutory limit. Matthews v. Bank, 60 S. C. 183, 38 S. E. 437; Lyons-Thomas Hardware 00. v. Perry Stove Mfg. Co., 86 Tex. 143, 24 S. W. 16. 22 L. R. A. 802; Theis v. Gaslight 00., 34 Wash. 23, 74 Pac. 1004.

In practice. The act or rendering a legal proceeding null, abrogating or revoking it; unloosing its constraining force; as when an injunction is dissolved by the court. Jones v. Hill, 6 N. C. 131.

DISSOLUTION OF 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.e. 38. Under 6 Anne, c. 37. upon a demise of the crown, parliament became also more 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." 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. I-libbard. 2 Ind. T. 547, 58 S. W. 380.

DISSUADE. In criminal law. To ad- vise and procure a pei son not to do an not.

To dissuade a witness from giving evidence against a person indicted is an indictable ottense at common law. Hawk. P. C. ii. 1, c. 21, § 15.

DISTILL. To subject to a process of distillation. 6. e.. vaporizing the more volatile parts of a substance and then condensing the vapor so formed. In law, the term is chiefly used in connection with the manufacture or intoxicating liquors.

—Distllled liquor or distilled spirits. A term vihich includes all potable alcoholic iiq- uors obtained by the process of distillation, (such as whisky, brandy, rum, and Kinl but excludes fermented and malt li uors. such as wine and beer. U. S. Rev. St. E 3248, 3289, - . St. 1901. pp. 2107. 2132.

U. S. v. Anthony, 14 Blatcht 92. Fed.

No. 14,400; State v. Willian_isnn, 21 \io.

Boyd 1'. U. S.. 3 Fed. Cos.

. . . 152 U. S. 570, 14 Sup. Ct. 720, 38 L. Ed. 556.—Distl1lex-. Every person who produces distilled spirits, or who brew or makes mnsb, wort, or wash. fit for distillation or for the production of spirits, or min by any process of evaporization. separates alcoholic spirit from any fermented substance, or who, making or keeping rnasb, wort, or wash, bus also in his possession or use I still. shnii be regarded as a distiller. Rev. St. U. S. 5 3241 (U. S. Comp. St. 1901, p. 2107) See Johnson v. State. 44 Alu. 416: U. S. V. F1-crichs. 25 Fed. Cas. 1218: U. S. v. Wilug, 28 Fed Gas. 745: U. S. v. Ridenour (D. C.) 119 Fed. 411.—Distillery. The strict incur in}; of “distiller_y" is a place or building when alcoholic liriuors are distiilcd or manufactured: not every niiiding where the ‘process of

tiiiation is used. Atlantic Dock Co. v. Lib . Y. 499; U. S. v. Blalsdell, 24 Fed. Can

DISTINCTE ET APERTE. In old EIi:~ lisb practice Distinctly and openly. Form- al words in urils of error, referring to no return required to be made to them. Rig. Orig. 17.

Distinguonda, aunt tempura. The time is to be consirleied. 1 Coke. 1611; BIOE v. Tobey. 2 Pick. (Mass) 321; Owens v. .\-lIssionary Society. 14 N. Y. 380. 393, 81 Am. Dec. 160

Dhtinguenda aunt tempera; alind out facere, aliud perfleere. Times must be distinguished: it is one thing to do, another to perfect 3 Leon. 243; Branch. Princ.

Distingueuda, aunt tempura; diltingne tempura et concnrdabis leges. Times are to be distinguished; distinguish times, and you will harmonize laws. 1 Coke, 21. A maxim applied to the construction of statutes.

DISTXNGUISH. To point out an essential difference; to prove a case cited as applicable, inapplicable.

DISTRACTED PERSON. A term used in the statutes of Illinois (Rev. Laws. Ill. 1833, p. 3m and New Hampshire (Dig. N. H. Laws, 1530. p. 339) to express a state of

insanity. Snyder 17. Snyder, 142 Ill. 60, 31 N. E. 303‘ DXSTRACTIO.}} Lat. In the civil law.

A separation or division into parts: also an alienation or sale. Sometimes npplied to (be act of a guardian in appropriating the prop- erty of his ward.

-—Diatractio bonorum. The sale at retail of the property of an insolvent estate, under the management of a curator appointed in the interest of the creditors, and for the purpose of realizing as much as possible for tho satisfaction of their claim. l\Iackcid.Ilom.Law,§-524. —Distractio pignuris. The sale of a thing pledged or bypothecated, by the creditor or plellzee. to obtain satisfaction of bis claim on tlir-8‘debtoi"s failure to pay or redeem. Idem. I 3

DISTRAHERE. To sell: to draw apart;

to dissolve a continct; to divorce. Oalvlu.