jy i s 
d i s 
537 
and the diluteness of their wash is a very good 
reason for the greater purity of their spirit ; 
though most writers mistakingly say, our spi- 
rit is much cleaner. 
Rectification into Holland gin. To every 
twenty gallons of spirit of the second ex- 
traction, about the strength of proof spirit, 
take three pounds of juniper-berries, and two 
ounces of oil of juniper, and distil with a 
slow fire until the feints begin to rise, then 
change the receiving can ; this produces the 
best Rotterdam gin. An inferior kind is 
made with a still less proportion of berries, 
sweet fennel-seeds, and Strasburgh turpen- 
tine, without a drop of juniper-oil. It, and 
a better sort, but inferior to the Rotterdam 
gin, are made at Weesoppe. 1 he distillers’ 
wash at Scheedam and Rotterdam is still 
lighter than at Weesoppe, where there were 
about three hundred distillers formerly in 
1774. In Plate Miscel. fig. 49, is the re- 
presentation of a common still. It is a large 
copper vessel, A, into which the materials 
are put. The still is built up in brickwork : 
the fire is applied underneath, and runs 
round it in a spiral manner. 13 is the head 
of the still, which is connected with the worm 
at .r. The worm C is a spiral tube, immersed 
in a vessel of cold water, called the refrige- 
ratory. The liquor being condensed in its 
passage through the worm, runs out at the 
cock D into the vessel Z, placed there to 
receive it. 
DISTILLER, he who makes distillations, 
and commonly a tradesman who makes 
spirits from malt, &c. By stat. 3 Geo. III. 
c. 5, s. 12, persons who sell liquors charge- 
able with duty, and distil spirits, are deem- 
ed common distillers, and are liable to sur- 
veys, penalties, &c. See Excise. 
DISTINCTION, in logic, is an assem- 
blage of two or more words, whereby dispa- 
rate things, or their conceptions, are de- 
noted. 
There are three kinds of distinctions, 
taken from the three different modes of 
existence, real, modal, and rational. The 
first is that between two substances, or the 
modes of two substances. The second, 
or modal distinction, is that between several 
things, one whereof may exist without 
the other, but not vice versa, the other with- 
out that. The third, or rational distinction, 
is that between several things which are 
really one and the same, and whereof one 
cannot exist without the other; nor vice 
versa, the other without this: such is that 
between a thing and its es.,ence, between the 
essences and properties, &c. Of this dis- 
tinction some authors admit two kinds : the 
one barbarously called rationis ratiocinate, 
having some foundation in things, as when 
we distinguish the justice of God from his 
mercy ; the oilier called rationis raticiouantis, 
■which has no foundation at all, and therefore 
is by many rejected. Chauvin. 
DISTORTION, in medicine, a contraction 
of one side of the mouth, occasioned by a 
.convulsion of the muscles of one side of the 
face: and it is likewise used to denote any 
part of an animal body when it is ill placed. 
DISTRESS, in law, the, taking of a 
personal chattel, out of the possession 
of the wrong-doer, into the custody of the 
person who is injured, to procure a satisfac- 
Yol. L 
tion for the wrong committed. It is of two 
kinds ; cattle for trespassing, for doing da- 
mage; or for nonpayment of rent or other 
duties. But the most usual injury for which 
a distress may be taken is that of nonpayment 
of rent. 
A distress may now be taken for any 
kind of rent in arrear, the detaining of 
which beyond the day of payment, is an in- 
jury to him that is entitled to receive it. 4 
G. II. c. 28. This is the most common and 
best remedy for the recovery of rent in arrear ; 
and the effect of it is to compel the party to 
replevy the distress, and contest the taking 
in an action against the distrainer ; or, which 
is more usual, to compound or pay the debt 
or duty for which he was distrained. 3 
Black. 6. 
Distress infinite, is a process commanding 
the sheriff to distrain a person from time to 
time, and continually afterwards, by taking 
his goods, by way of pledge, to enforce the 
performance of something due from the party 
distrained upon. Generally, it is provided 
that distress shall be reasonable and mode- 
rate; but in case of distress for suit of court, 
or for defect of appearance, in several cases 
where this is the only method of enforcing 
compliance, no distress can be immoderate ; 
because, be it of what value it will, it cannot 
be sold, but shall be immediately restored on 
satisfaction made. 3 Black. 251. 
Who may distrain for rent. By the com- 
mon law, and the various statutes in favour 
of this species of remedy for recovery of rent, 
all persons having the reversion or remainder 
of lands, &c. after the determination of the 
particular estate, or existing term therein, 
may of common right distrain for rent in ar- 
rear, without any clause for that purpose con- 
tained in the lease. Co. Lit. 142. 
What may or may not be distrained. 
Every thing upon the premises is liable to the 
landlord’s distress for rent, whether they are 
the effects of a tenant or a stranger, because 
of the lien the landlord has on them in respect 
of the place where the goods are found, and 
not in respect of the person to whom they be- 
long. Co. Lit. 47. 3 Bur. 1502. 3 Durnf. and 
East, 60 1 . 
Things not distrainable are, tools of a man’s 
trade, corn sent to a mill, a horse sent to 
a smith’s shop or in a common inn, 
cloth at a tay tor’s, goods in the hands of a 
carrier. 1 Salk. 249. 1 Esp. Rep. 206. 4 
T. R. 569. Dogs, rabbits, beasts of the 
plough, milk, fruit, and things fixed to the 
freehold. 3 Black. 8 and 9- 4 T. R. 569. 
But beasts of the plough, and working-tools, 
not actually in use at the time, may be dis- 
trained, if there is not sufficient without them. 
4 T. R. 569* So may wearing apparel not 
actually in use. I Esp. Rep. 206.- Mo- 
ney in a bag sealed may be distrained. 
Horses and carriages sent to stand at li- 
very are distrainable by the landlord. 3 
Bur. 1498. 
Of the time, &c. and manner of taking 
the distress. Distress for rent must be in the 
day-time, for if made at night it will be bad. 
Co. Lit. 142. 
Strictly, the rent is demandable, and pay- 
able, before the time of sunset of the day 
when it is reserved. Yet the rent is not 
due till the last minute of the natural day. 
2 Black. 42. 
3 Y 
t) I S 
Distress cannot be made therefore till the 
day after that on which the rent is reserved 
in the lease ; for though payable, it is not 
strictly due till midnight of the day upon 
which it is reserved. 
Distress cannot he made after the rent 
has been tendered : if the landlord comes to 
distrain, the tenant may, before the distress 
made, tender the arrears : and if the distress 
is afterwards taken it is illegal ; and so il alter 
the distress, and before it is impounded, the 
tenant tenders payment, the landlord will de- 
liver up the distress ; and if he do not, the 
detainer is unlawful. 2 Inst. 107. 
Parole authority to distrain is sufficient, 
or any authority that can be proved. 
By 2 G. II. c. 19, landlords may, by the 
assistance of a peace-officer of the parish, 
break open in the day-tune any place where 
goods are fraudulently removed and locked 
up to prevent a distress, oath being first made, 
in case it be a dwelling-house, of a reasonable 
ground to suspect that such goods are con- 
cealed therein. 
By stat. 8 Anne, c. 14, rent accruing due , 
under a lease must be distrained tor within 
six months after its determination. _ 
If a tenant fraudulently remove goods oif 
the premises, the landlord liiayseixe them 
within thirty days. But such seizure can 
only be made where the rent was actually 
due before the removal. 
If a landlord seize only a part of the goods, 
&c. of his tenant for rent, in the name of 
them all, it will be a good seizure of the whole. 
6 Mod. 215. 
Distresses ought not to be excessive, but m 
proportion to the duty distrained for. 2 Inst. 
106 . 
The remedy for excessive distress is by 
a special action on the stat. of Mulbridge; 
for an action is not maintainable upon this ac*- 
count, this being no injury at common law. 
1 Vent. 104Fitzgib. 85.4 Bur. 590. 
Where any distress shall be made for rent 
justly due, and any irregularity or unlawful 
act shall be afterwards committed by the 
party distraining, or his agents, the distress 
itself shall not on that account be deemed un- 
lawful, nor the party a trespasser from the 
first ; but the person aggrieved shall recover 
full satisfaction for the special damage sus- 
tained by such irregularity, and no more, with 
full costs of suit. 11 (3. 11. c. 19- 
How a distress is to be disposed of. Per- 
sons distraining for rent may impound the 
distress upon any convenient part of the land, 
chargeable with the distress; otherwise trie 
goods must Ire removed to a pound covert, 
and notice given where they are, unless the 
tenant consent to a person remaining in 
possession on the premises. Wood’s hist. 
191. 
All living chattels distrained are regularly 
not to be putin the pound covert, because the 
owner at his peril is to sustain them ; and 
therefore they ought to be put in such an 
open place as that lie may have resort tv 
them for that purpose. Co. Lit. 47. b. 
Household goods, and such other things as 
would be damaged by the weather, must be 
impounded in the pound covert ; otherwise 
if they are damaged the distrainer will be an- 
swerable for the loss. 1 Inst. 47. 
If the distress for rent dies or is damaged 
in the pound, without any default of the dis*- 
