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rightly, I am of opinion that the word dispone, would have the same effect as the word alienate." (q. v.) Sanford on Entails, 179, note.
DISPOSITION, French laic. This word has several acceptations; sometimes it signifies the effective marks of the will of some person; and at others the instrument containing those marks. The dispositions of man make the dispositions of the law to cease, for example, when a man bequeaths his estate, the disposition he makes of it, renders the legal disposition of it if he had died intestate, to cease.
DISSEISEE, torts, one who is wrongfully put out of possession of his lands,
DISSEISIN, torts, is the wrongful putting one who is seised, and has actual possession, out of his possession, and depriving him of his freehold. Lord Coke says, that every entry is not a disseisin, for it does not take place unless there is an ouster of the freehold. Co. Litt. 277. To make a disseisin the entry must, in the commencement, be made under colour of title, as any other entry is a mere trespass; it is the intention which fixes its character. It must also have been unlawful. Disseisin may be effected either in corporeal inheritances, or incorporeal. Disseisin of things corporeal, as of houses, lands, &c, must be by entry and actual dispossession of the freehold; as if a man enters, by force or fraud, into the house of another, and turns, or at least, keeps him or his servants out of possession. Disseisin of incorporeal hereditaments cannot be an actual dispossession, for the subject itself is neither capable of actual bodily possession nor dispossession. 3 Bl. Com. 169, 170. See 15 Mass. 495; 6 John. R. 197; 2 Watts, 23; 6 Pick. 172; 1 Verm. 155; 11 Pet. R. 41; 10 Pet. R. 414; 14 Pick. 374; 1 Dana's R. 279; 2
Fairf. 408; 11 Pick. 193; 8 Pick. 172; 8 Vin. Ab. 79; 1 Swift's Dig. 504; 1 Cruise, »65; Arch. Civ. PI. 12 ; Bac. Ab. h. t.; 2 Supp. to Ves. jr. 343; Dane's Ab. Index, h. t.; 1 Chit. Pr. 374, note (r).
DISSEISOR, torts, one who puts another out of the possession of his lands wrongfully.
DISSENT, contracts, is a disagreement to something which has been done. It is express or implied. The law presumes that every person to whom a conveyance has been made has given his assent to it, because it is supposed to be for his benefit. To rebut the presumption his dissent must be expressed. Vide 4 Mason, R. 206; 11 Wheat. R. 78; 1 Binn. R. 502; 2 Binn. R. 174; 6 Binn. R. 338; 12 Mass. R. 456; 17 Mass. R. 552; 3 John. Ch. R. 261; 4 John. Ch. R. 136, 529; and Assent, and the authorities there cited.
DISSOLUTION, contracts. The dissolution of a contract, is the annulling its effects between the contracting parties. This dissolution of a partnership, is the destruction of the partnership. Its dissolution does not affect the contracts which were made between the partners and others; so that they are entitled to all their rights, and they are liable on their obligations, as if the partnership had not been dissolved. Vide article Partnership, and 3 Kent, Com. 27; Dane's Ab. h. t.; Gow on Partn. Index, h. t.; Wats. on Partn. Index, h. t.
DISSOLUTION, practice. It is the act of rendering a legal proceeding null, or changing its character; as, a foreign attachment in Pennsylvania is dissolved by entering bail to the action. Injunctions are dissolved by the court.
TO DISSUADE, crim. law, to induce a person not to do an act. To dissuade a witness from giving evidence against a person indicted, is an indictable offence at common law. Hawk. B. 1, c. 21, s. 15. The mere attempt to stifle evidence, is also criminal, although the persuasion should not succeed, on the general principle that an incitement to commit a crime, is in itself criminal. 1 Russ. on Cr. 44 ; 6 East, R. 464; 2 East, R. 5, 21; 2 Str. 904; 2 Leach, 925. Vide To Persuade.
DISTRACTED PERSON. This term is used in the statutes of Illinois, Rev. Laws of 111. 1833, p. 332, and New Hampshire, Dig. Laws of N. H. 1830, p. 339, to express a state of insanity.
TO DISTRAIN, is to take and keep any personal chattel in custody, as a distress. (q. v.)
DISTRESS, remedies. A distress is defined to be the taking of a personal chattel, without legal process from the possession of the wrong doer, into the hands of the party grieved, as a pledge for the redress of an injury, the" performance of a duty, or the satisfaction of a demand. 3 Bl. Com. 6. The remedy by distress for the recovery of arrears of rent, is perhaps more frequently adopted by landlords than any other. Co. Lit. 162, b.
[ 2 ] For this reason, a considerable space will be dedicated to this article. It will be convenient to consider, 1, the several kinds of rent for which a distress may be made; 2, the persons who may make it; 3, the goods which may be distrained; 4, the time when a distress may be made; 5, in what place it may be made; 6, the manner of making it, and disposing of the goods distrained; 7, when a distress will be a waiver of a forfeiture of the lease.
 §1. of the rents for which a distress may be made. 1. A distress may generally be taken for any kind of rent in arrear, the detention of which, beyond the day of payment, is an injury to him who is entitled to
receive it. 3 Bl. Com. 6. The rent must be reserved out of a corporeal hereditament, and must be certain in its quantity, extent, and time of payment, or at least be capable of being reduced to certainty. Co. Lit. 96, a; 13 Serg. & Rawle, 64; 3 Penna. R. 30. An agreement that the lessee pay no rent, provided he make repairs, and the value of the repairs is uncertain, would not authorise the landlord to distrain. Addis. 347. Where the rent is a certain quantity of grain, the landlord may distrain for so many bushels in arrear, and name the value, in order that if the goods should not be replevied, or the arrears tendered, the officer may know what amount of money is to be raised by the sale, and in such case the tenant may tender the arrears in grain. 13 Serg. & Rawle, 52. But where the tenant agreed instead of rent, to render "one-half part of all the grain of every kind, and of all hemp, flax, potatoes, apples, fruit, and other produce of whatever kind that should be planted, raised, sown or produced, on or out of the demised premises, within and during the terms," the landlord cannot, perhaps, distrain at all; he cannot, certainly, distrain for a sum of money, although he, and the tenant may, afterwards have settled their accounts, and agreed that the half of the produce of the land should be fixed in money, for which the tenant gave his note, which was not paid. 13 Serg. & Rawle, 52. But in another case it was held, that on a demise of a grist mill, when the lessee is to render one-third of the toll, the lessor may distrain for rent. 2 Rawle, 11.
[ 4 ] 2. With respect to the amount of the rent, for which a lessor may in different cases be entitled to make a distress, it may be laid down as a general rule, that whatever can properly be considered as a part of the rent, may be distrained for, whatever be the particular mode in which it is agreed to be paid. So that where a person entered into possession of certain premises, subject to the approbation of the landlord, which was afterwards obtained, by agreeing to pay in advance, rent from the time he came into possession, it was, in England, determined that the landlord might distrain for the whole sum accrued before and after the agreement, Cowp. 784. For on whatever day the tenant agrees that the rent shall be due, the law gives the landlord the power of distraining for it at that time. 2 T. R. 600. But see 13 S. & R. 60.In New York, it was determined, that an agreement that the rent should be paid in advance, is a personal covenant on which an action lies, but not distress. 1 Johns. R. Mt. The supreme court of Pennsylvania, declined deciding this point, as it was not necessarily before them. 13 Serg. & Rawle, 60. Interest due on rent, cannot, in general, be distrained for; 2 Binn. 146; but may be recovered from the tenant by action, unless under particular circumstances. 6 Binn. 159.
[ 5 ] § 2. Of the persons entitled to make a distress. I. When the landlord is sole owner of the property out of which rent is payable to him, be may, of course distrain in his own right.
[ 6 ] 2. Joint-tenants have each of them, an estate in every part of the rent, each may, therefore, distrain alone for the whole, although he must afterwards account with his companions for their respective shares of the rent. 3 Salk. 17. They may all join in making the distress, which is the better way.
[ 7 ] 3. Tenants in common do not, like joint-tenants, hold by one title and by one right, but by differ
ent titles, and have several estates. Therefore they should distrain separately, each for his share, Co. Lit. s. ai7, unless the rent be of an entire thing, as to render a horse, in which case, the thing being incapable of division, they must join. Co. Lit. 197, a. Each tenant in common is entitled to receive, from the terre-tenant, his proportion of the rent; and therefore, when a person holding under two tenants in common, paid the whole rent to one of them, after having received a notice to the contrary from the other, it was held, the party who gave the notice, might afterwards distrain. 5 T. R. 246. As tenants in common have no original privity of estate between them, as to their respective shares, one may leave his part of the land to the other, rendering rent, for which a distress may be made, as if the land had been demised to a stranger. Bro. Ab. tit. Distress, pi. 65.
[ 8 ] 4. It may be, perhaps, laid down as a general rule, that for rent due in right of the wife, the husband may distrain alone. 2 Saund. 195; even if it accrue to her in the character of executrix or administratrix. Ld. Raym. 369. With respect to the remedies for the recovery of the arrears of a rent accruing in right of his wife, a distinction is made between rent due for land, in which the wife has a chattel interest, and rent due on land in which she has an estate of freehold and inheritance. And in some cases, a further distinction must be made between a rent accruing before and rent accruing after the coverture. See on this subject, Co. Lit. 46, b, 300, a, 351, a; 1 Roll. Abr. 350; stat. 32 Hen. VIII. c. 37, s. 3.
[ 9 ] 5. A tenant by the curtesy, has an estate of freehold in the lands of his wife, and in contemplation of law, a reversion on all land of the wife leased for years or lives, and may distrain at common law for all rents reserved thereon.
[ 10 ] 6. A woman may be endowed of a rent as well as of land; if a husband, therefore, tenant in fee, make a lease for years, reserving rent, and die, his wife shall be endowed of one-third part of the reversion by metes and bounds, together with a third part of the rent. Co. Lit. 32, a. The rent in this case is apportioned by the act of law, and therefore if a widow be endowed of a third part of a rent in fee, she may distrain for a third part thereof, and the heir shall distrain for the other part of the rent. Bro. Abr. tit. Avowry, pl. 139.
[ 11 ] 7. A tenant for his own life or that of another, has an estate of freehold, and if he make a lease for years, reserving rent, he is entitled to distrain upon the lessee. It may here be proper to remark, that at common law, if a tenant for life made a lease for years, if he should so long live, at a certain rent, payable quarterly, and died before the quarter-day, the tenant was discharged of that quarter's rent by the act of God. 10 Rop. 128. But the 11 Geo. II. c. 19, s. 16, gives an action to the executors or administrators of such tenant for life.
[ 12 ] 8. By the statute, 32 Henry VIII. c. 37, s. 1, " the personal representatives of tenants in fee, tail, or for life, of rent-service, rent-charge, and rents-seek, and fee farms, may distrain for arrears upon the land charged with the payment, so long as the lands continue in seisin or possession of the tenant in demesne, who ought to have paid the rent or fee farm, or some person claiming under him by purchase, gift or descent." By the words of the statute, the distress must be made on the lands while in possession of the " tenant in de mesne," or some person claiming under him, by purchase, gift or des
cent; and therefore it extends to the possession of those persons only who claim under the tenant, and the statute does not comprise the tenant in dower or by the curtesy, for they come in, not under the party, but by act of law. 1 Leon. 302.
[ 13 ] 9. The heir entitled to the reversion may distrain for rent arrear which becomes due after the ancestor's death; the rent does not become due till the last minute of the natural day, and if the ancestor die between sunset and midnight, the heir, and not the executor, shall have the rent. 1 Saund. 287. And if rent be payable at either of two periods, at the choice of the lessee, and the lessor die between them, the rent being unpaid, it will go to the heir. 10 Rep. 128, b.
[ 14 ] 10. Devisees, like heirs, may distrain in respect of their roversionary estate; for by a devise of the reversion the rent will pass with its incidents. 1 Ventr. 161.
[ 15 ] 11. Trustees who have vested in them legal estates, as trustees of a married woman, or assignees of an insolvent, may of course distrain in respect of their legal estates, in the same manner as if they were beneficially interested therein.
[ 16 ] 12. Guardians may make leases of their ward's lands in their own names, which will be good during the minority of the ward, and, consequently, in respect of such leases, they possess the same power of distress as other persons granting leases in their own rights. Cro. Jac. 55,' M.
[ 17 ] 13. Corporations aggregate should generally make and accept leases or other conveyances of lands or rent, under their common seal. But if a lease be made by an agent of the corporation, not under their common seal, although it may be invalid as a lease, yet if the tenant hold under it, and pay rent to the bailiff or agent of the corporation, that is sufficient to constitute a tenancy at least from year to year, and to entitle the corporation to distrain for rent. 2 New Rep. 247. But see Corporation.
[ 18 ] § 3. Of the things which may or may not be distrained. Goods found upon the premises demised to a tenant, are generally liable to be distrained by a landlord for rent, whether such goods in fact belong to the tenant or other persons. Com. Dig. Distress, B 1. But such goods are sometimes privileged from distress, first, absolutely; and secondly, conditionally.
[ 19 ] First, Those of the first class are privileged, 1, in respect of the owner of them; 2, because no one can have property in them; 3, because they cannot be restored to the owner in the same plight as when taken; 4, because they are fixed to the freehold; 5, because it is against the policy of law they should be distrained; 6, because they are in the custody of the law; 7, because they are protected by some special act of the legislature.
[ 20 ] 1. The goods of a person who has some interest in the land jointly with the distrainer, as those of a joint tenant although found upon the land, cannot be distrained. The goods of executors and administrators, or of the assignee of an insolvent regularly discharged according to law, cannot, in Pennsylvania, be dis- i trained for more than one year's rent. The goods of a former tenant, rightfully on the land, cannot be distrained for another's rent. For example, a | tenant at will, if quitting upon notice from his landlord, is entitled to the emblements or growing crops; and therefore even after they are reaped, if they remain on the land for the purpose of husbandry, they cannot1 be distrained for rent due by the second tenant. Willes, 131. And they are equally protected in the
hands of a vendee. Ibid. They cannot be distrained although the purchaser allow them to remain uncut an unreasonable time after they are ripe. 2 B. & B. 362; 5 Moore, 97, S. C.
[ 21 ] 2. As every thing which is distrained is presumed to be the property of the wrongdoer, it will follow that such things wherein no man can have an absolute and valuable property, as cats, dogs, rabbits, and all animals ferae naturae, cannot be distrained. Yet, if deer, which are of a wild nature are kept in a private enclosure, for the purpose of sale or profit, this so far changes their nature, by reducing them to a kind of stock or merchandise, that they may be distrained for rent. 3 Bl. Com. 7.
[ 23 ] 3. Such things as cannot be restored to the owner in the same plight as when they were taken, as milk, fruit, and the like, cannot be distrained. 3 Bl. Com. 9.
[ 24 ] 4. Things affixed or annexed to the freehold, as furnaces, windows, doors, and the like, cannot be distrained, because they are not personal chattels, but belonging to the realty. Co. Litt. 47, b. And this rule extends to such things as are essentially a part of the freehold, although for a time removed therefrom, as a mill-stone removed to be picked; for this is matter of necessity, and it still remains in contemplation of law, a part of the freehold. For the same reason an anvil fixed in a smith's shop cannot be distrained. Bro. Abr. Distress, pl. 23; 4 T. R. 567; Willis, Rep. 512; 6 Price's R. 3; 2 Chitty's R. 167.
[ 25 ] 5. Goods are privileged in cases where the proprietor is either compelled from necessity to place his goods upon the land, or where he does so for commercial purposes. In the first case the goods are exempt because the owner has no option,