solidates the duties, &c., of excise, continues all advances, bounties, and drawbacks, which are particularly directed to be made by any act or acts of parliament in force, on or immediately before the 5th of July, 1803, except so far as such allowances may be varied or repealed by the same act. By 39 and 40 Geo. III. c. 73, spirits distilled in England for exportation to Scotland, are exempted from the excise duties in England. And by 43 Geo. III. c. 69, for every gallon, English wine measure, of spirits, not exceeding in strength that of one to ten over hydrometer proof, and so in proportion for any higher degree of strength, made in England and thence imported into Scotland, payment is to be made by the importer before landing, of 48.; and by c. 81, an additional duty of 2s.: for every such gallon manufactured in Scotland and brought from thence into England, 5s. 04d.; and by c. 81, an additional duty of 2s. 5d. every gallon of such spirits of greater strength than one to ten over hydrometer proof, and not exceeding £3 per cent. over and above one to ten over hydrometer proof, 7s. 54d. and a surcharge. And all duties and drawbacks under these acts shall be proportionate to the actual quantity. No spirits shall be sent from Scotland to England, or from England to Scotland, by land, or in vessels of less than seventy tons burden, or in casks containing less than 100 gallons, on forfeiture of the same, together with casks or package. And if any distiller, rectifier, compounder, or dealer in spirits, or servant belonging to any such person, shall obstruct an officer in the execution of this act, he shall forfeit £200. Vide laws relating to distillation under GENEVA, WHISKEY, BRANDY, and RUM. See also HYDRO

METER.

DISTINCT', adj. DISTINCTION, n. s. DISTINCTIVE, adj. DISTINCTIVELY, adv. DISTINCTLY, adv.

For

Fr. distinct; Italian, Portug. and Span. distinto; Lat. distinctus, (from distinguo, dis, and Gr. s, to mark or DISTINCT NESS, n.s. J prick for distinction: marked out in any way; different in kind, degree, or number; separate: distinction is the act or art of discerning a difference, as well as the thing that notes it; and the honor or difference of state resulting. Distinctive is that which marks a difference, or having power to do so : distinctively and distinctly, clearly without confusion of differences. Distinctness, more intense or accurate distinction.

For tho thingis that ben withouten the soule ghyieth voicis, eithir pipe, eithir harpe, but tho ghyuen distinccioun of sownyngis hou schal it be knowun that is sungun eithir that that is trumpid?

Wiclif. 1 Cor. 13. The mixture of those things by speech, which by nature are divided, is the mother of all error: to take away therefore that error, which confusion breedeth, distinction is requisite. Hooker.

I did all my prilgrimage dilate, Whereof by parcels she had something heard, Shakspeare. Othello.

But not distinctively.

His arrows from the fourfold-visaged four, Distinct with eyes; and from the living wheels Distinct alike with multitude of eyes. Id.

If by the church they mean the communion of saints only; though the persons of men be visible, yet because their distinctive cognizance is invisible, they can never see their guide; and therefore they can never know whether they go right or wrong. Bp. Taylor.

The intention was, that the two armies, which marched out together, should afterwards be distinct. Clarendon.

Maids, women, wives, without distinction fall; The sweeping deluge, love, comes on, and covers all. Dryden.

The object I could first distinctly view, Was tall straight trees, which on the waters flew. Id.

The membranes and humours of the eye are perfectly pellucid, and void of colour, for the clearness, Ray on Creation, and the distinctness, of vision.

Fatherhood and property are distinct titles, and began presently, upon Adam's death, to be in distinct'

Locke. persons. This will puzzle all your logick and distinctions to answer it. Denham's Sophy. On its sides it was bounded pretty distinctly, but on its ends very confusedly and indistinctly.

Newton's Opticks.

diversity; to specify; to know by some mark or

token; to judge; and hence to honor: as a neuter verb, to make distinction. Distinguishable is capable of being distinguished; honorable. Distinguishingly, accurately; or with some mark of honor. Distinguishment seems synonymous with distinction.

Rightly to distinguish, is, by conceit of the mind, to sever things different in nature, and to discern wherein they differ. Hooker.

We have not yet been seen in any house, Nor can we be distinguished, by our faces, For man or master.

Shakspeare. Taming of the Shrew. Let us admire the wisdom of God in this distinguisher of times, and visible deity, the sun.

Browne's Vulgar Errours.
Impenitent, they left a race behind
Like to themselves, distinguishable scarce
From Gentiles, but by circumcision vain.

Milton.

The acting of the soul, as it relates to perception and decision, to choice and pursuit, or aversion, is distinguishable to us. Hale's Origin of Mankind. Being dissolved in aqueous juices, it is by the eye distinguishable from the solvent body. Boyle.

The not distinguishing where things should be distinguished, and the not confounding where things should be confounded, is the cause of all the mistakes in the world. Selden.

If writers be just to the memory of Charles II., they cannot deny him to have been an exact knower of mankind, and a perfect distinguisher of their talents. Dryden. We are able, by our senses, to know and distinguish things; and to examine them so far as to apply them to our uses, and several ways to accommodate the exigencies of this life. Locke.

St. Paul's Epistles contain nothing but points of Christian instruction, amongst which he seldom fails to enlarge on the great and distinguishing doctrines of our holy religion. Id.

Can I be sure that in leaving all established opinions I am following the truth, and by what criterion shall I distinguish her, even if fortune should at last guide me on her footsteps?

Hume on Human Understanding.

Wit, I consider as a singular and unavoidable manner of doing or saying any thing peculiar and natural to one man only, by which his speech and actions are distinguished from those of other men. Congreve.

Let us revolve that roll with strictest eye, Where, safe from time, distinguished actions lie. Prior.

To make corrections upon the searchers' reports, I considered whether any credit at all were to be given to their distinguishments.

Graunt's Bills of Mortality. For sins committed, with many aggravations of guilt, the furnace of wrath will be seven times hotter, and burn with a distinguished fury. Rogers. Some call me a Tory, because the heads of that party have been distinguishingly favourable to me.

Pope.

Never on man did heavenly favour shine With rays so strong, distinguished, and divine. Id. Odyssey.

The question is, whether you distinguish me, because you have better sense than other people, or whether you seem to have better sense than other people, because you distinguish me. Shenstone. DISTORT', v. a. I Lat, distortus, from dis DISTORTION, n. s. § and torqueo, tortus, to turn. To make crooked; twist; writhe; deform: often used figuratively.

Something must be distorted beside the intent of the divine inditer. Peacham on Poetry.

to draw. To draw several ways at once: to perplex the mind; to harass: vex; make mad. Distraction and distractedness are synonymous. Distractive is causing perpiexity. Distraught

is distracted.

While I suffer thy terrors I am distracted. Psalm.
By sea, by sea.

-Most worthy Sir, you therein throw away
The absolute soldiership you have by land;
Distract your army, which doth most consist
Of war-marked footmen.

Shakspeare. Antony and Cleopatra.
Better I were distract,
So should my thoughts be severed from my griefs;
And woes, by wrong imagination, lose
The knowledge of themselves. Id. King Lear.
Come, cousin, canst thou quake, and change thy
colour,

Murder thy breath in middle of a word
And then again begin, and stop again,
As if thou wert distraught and mad with terror?
Id. Richard III.

Methought her eyes had crossed her tongue,
For she did speak in starts distractedly.

Id. Twelfth Night.

it may be observed, that such distresses are partly analogous to the ancient distress at common law, as being repleviable and the like (4 Burr. 589); but more resembling the common law process of execution, by seizing and selling the goods of the debtor under a writ of FIERI FACIAS, which see.

By stat. 56 Geo. 3, c. 88, § 16, 17, tenants in Ireland having paid rent to their immediate landlord, if distrained by the superior landlord, may recover damages against their immediate landlord, and retain them out of the future accruing rent. By this act, as amended by 58 Geo. 3, c. 39, the powers of distress on corn, &c., growing (given in England by stat. 11 Geo. II., c. 19) are extended to Ireland; and other provisions are made for the recovery of tenements from absconding, overholding, and defaulting

tenants.

With respect to the things which may be distrained, or taken in distress, it may be laid down as a general rule, that all chattels personal are liable to be distrained, unless particularly protected or exempted. Instead, therefore, of mentioning the things that are distrainable, it will be more easy to recount the things which are not so, with the reason of their particular exemptions. (Co. Litt. 47). Every thing which is distrained is presumed to be the property of the wrong-doer: it will follow, therefore, that such things, in which no man can have an absolute and valuable property, as dogs, cats, rabbits, and all animals feræ naturæ, cannot be distrained. But if deer, which are feræ naturæ, are kept in a private enclosure for the purpose of sale or profit, this circumstance reduces them to a kind of stock or merchandise, that they may be distrained for rent. Moreover, whatever is in the personal use or occupation of any man is, for the time, privileged and protected from any distress; as an axe with which a man is cutting wood, or a horse while a man is riding him. But horses drawing a cart, and also the cart, may be distrained for rent-arrere, if a man be not upon the cart (1 Vent. 36) and it hath been said, that if a horse, though a man be riding him, be taken damagefeasant, or trespassing in another's ground, the horse may be distrained and led away to the pound. (1 Sid. 440.) However, the authorities on this point being collected together in Hargr. Co. Litt. 47, the clear result of them is, that such a distress is illegal. Again, valuable things in the way of trade shall not be liable to distress; as a horse standing in a smith's shop to be shod, or in a common inn; or cloth at a tailor's house; or corn sent to a mill or market. All these are protected or privileged for the benefit of trade; and are supposed in common presumption not to belong to the owner of the house, but to his customers. But, generally speaking, whatever goods and chattels the landlord finds upon the premises, whither they, in fact, belong to the tenant or a stranger, are distrainable by him for rent; for otherwise a door would be open to infinite frauds upon the landlord; and the stranger has his remedy by action on the case against the tenant, if by the tenant's default the chattels are distrained, so that he cannot render them when called upon. With regard to a stranger's beasts

which are found on the tenant's land, the following distinctions are taken. If they are put in by consent of the owner of the beasts, they are distrainable immediately afterwards for rentarrere by the landlord. (Cro. Eliz. 549.) So also if the stranger's cattle break the fences, and commit a trespass by coming on the land, they are distrainable immediately by the lessor for his tenant's rent, as a punishment to the owner of the beasts for the wrong committed through his negligence. (Co. Litt. 47.) But if the lands were not sufficiently fenced so as to keep out cattle, the landlord cannot, generally, distrain them, till they have been levant and couchant on the land; that is, have been long enough there to have lain down and rose up to feed; which, in general, is held to be one night at least; and then the law presumes, that the owner may have notice whither his cattle have strayed, and it is his own neglect not to have taken them away. There are also other things privileged by the ancient common law; as a man's tools and utensils of his trade, the axe of a carpenter, the books of a scholar, and the like; which are said to be privileged for the sake of the public, because the taking of them away would disable the owner from serving the commonwealth in his station. So, beasts of the plough, averia carucæ, and sheep, are privileged from distresses at common law (stat. 51 Hen. III. c. 4.): while dead goods, or other sort of beasts, which Bracton calls catalla otiosa, may be distrained. But, as beasts of the plough may be taken in execution for debt, so they may be for distresses by statute, which partake of the nature of executions. Burr 589). And, perhaps, the true reason, why these and the tools of a man's trade were privileged at the common law, was, because the distress was then merely intended to compel the payment of the rent, and not as a satisfaction for the non-payment; and, therefore, to deprive the party of the instruments and means of paying it, would counteract the very end of the distress (4 Burr. 588). Moreover, nothing shall be distrained for rent, which may not be rendered again in as good a plight as when it was distrained; for which reason milk, fruit, and the like, cannot be distrained; a distress at common law being only in the nature of a pledge or security, to be restored in the same plight when the debt is paid. So, anciently, sheaves or stacks of corn could not be distrained; because some damage must needs accrue in their removal; but a cart loaded with corn might; as that could be safely restored. But now by statute 2 W. & M. c. 5, corn in sheaves or cocks, or loose in the straw, or hay in barns or ricks, or otherwise, may be distrained, as well as other chattels. Lastly, things fixed to the freehold may not be distrained, as caldrons, windows, doors, and chimney pieces; for they savour of the realty. For this reason also corn growing could not be distrained; till the statute of 11 Geo. II, c. 19, empowered landlords to distrain corn, hops, grass, or other products of the earth, and to cut and gather them when ripe. The goods of a carrier are privileged, and cannot be distrained for rent, though the waggon coutaining them is put into the barn of a house, or on the road. (1 Salk. 249). But the goods of

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