Page:Black's Law Dictionary (Second Edition).djvu/380

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


the intention of the party to disregard the obligation: of the contract.

DISAFOREST. To restore to their former condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 4113.

DISAGREEMENT. Diiierence of opinion or want of uniformity or concurrence of views; as, a disagreement among the members of a jury, among the judges of a court, or between arbitrators. D iruell v. Lyon, 85 Tex. 466, 22 S. W. 304; Insurance Co. v. Doying, 55 N. J. Law, 559, 27 Atl. W7; Fow- ble v. Insurance Co., 106 Mo. App. 527, 81 S. W. 485.

In real property law. The refusal by I grantee, lessee, etc., to accept an estate, lease, etc., made to bun; the annulling of a thing that had essence before. No estate can be vested in a person against his will. Conse- quently no one can become a grantee, etc., wiLhout his agreement. The law implies such an agreement until the contrary is shown, but his disagreement renders the grant, etc., inoperative. Wharton.

DISALT. To disable a person.

DISAPPROPRIATION. In ecclesiastical law. This is where the appropriation of a beneflce is severed, either by the patron presenting a clerk or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 385.

DISAVOW. To repudiate the unauthorized acts of an agent; to deny the authority by which he assumed to act.

DISBAR. In England, to deprive a barrisier permanently of the privileges of his position: it is analogous to striking an attorney ofi the rolls. In America, the word describes the act of a court in withdrawing from an attorney the right to practise at its har.

DISBOCATIO.}} In old English law. A conversion of wood grounds into arable or pasture; an assartlng. Cowell. See Assam‘.

DISBURSEMENTS. Money expended by an executor, guardian, trustee, etc., for the benefit of the estate in his hands, or in connection with its administration

The term is also used under the codes of civil procedure, to designate the expenditures necessarily made by a party in the progress of an action, aside from the fees of officors and court costs, which are allowed, ea nom- me, together with costs. Fertilizer Co. v. Glenn, 48 S. C. 49-}. 26 S. E. 796; De Chambrun v. Cox, 60 Fed. 479. 9 C. C. A. 86; Bil- yen v. Smith. 18 Or. 335, 22 Pac. 1073.

DISCARCARE. In old English law. To discharge, to unload; as a vessel. Carcare


‘7 DISCHARGE et disoarcare; to charge and discharge; to load and unload. Cowell.

DISCARGAEE. In old European law. To discharge or unload, as a vmgon. Spaiman.

DISCEPTIO CAUSE. In Roman law. The argument of a cause by the counsel on both sides. Calvin.

DISCHARGE. The opposite of charge; hence to release; liberate; annul; unbul-den; disincumber.

In the law of contracts. To cancel or unloose the obligation of a contract; to n:.\.i:-1 an agreement or contract null and immuntive. As a noun, the word means the act or instrument by which the binding force of a contract is terminated, irrespective of whether the contract is carried out to tbr tull extent contemplated (in W'i.iiCi] case the discharge is the result of performarmc) or is broken off ‘before complete execution. Cort v. Railway Co., 17 Q. B. 145; Com. v. Tai- hot, 2 Allen (Mass) 162; Rivers v. Blum, 163 M0. 442. 63 S. W. 812.

Discharge is a generic term; its principal are cies are rescission. release, accord and satisho tion, performance, judgment. composition, bank- ruptcy, merger, (q. 12.) Leake, Cont. 413.

As applied to demands, claims, rigits of action, incumbrances, etc. to discharge the debt or claim is to extinguish it, to annnl its obligatory force, to satisfy it. And bare also the term is generic; thus a debt, :1 mortgage, a legacy, may be discharged by payment or performance, or by any act short of that, iawfal in itself, which the creditor accepts as suficicnt. Blackwood v. Brown, 29 Mich. 484: Rangeiy v. Spring, 28 Me. 151. To discharge a person is to liberate him from the binding force of an obligation, debt, or claim.

Discharge by operation of law is where the discharge takes I; ace, whether it was intended by the parties or not: thus. it a creditor appoints his dchtor his executor, the rlcht is discharged by operation of law. ix-cause the emutor cannot have an action against bimsu-lf. f‘-\ Litt. 2Gib, note 1; Williams, Ex’rs, 1216; Chit. Cont. 714.

In u'v-I1 practice. To discharge a mic. an order, an injunction, a certificate, pron-aw of execution, or in general any proceodmg in a court, is to cancel or annul it, or to revoke it, or to refuse to confirm its original pro- visional force. Nichols v. Chittenden, 14 C010. App. 40. 59 Pac. 95-1.

To discharge a jury is to relieve them from any further consideration of a cause. This is done when the continuance of the tr:-l tx by any cause, rendered impus~ih1e; also when the jury, after deliberation. cannot agree on a verdict.

In equity practice. In the process or accounting before a master in Chancery, the

17/isclmrge is a statement of expenses and