Page:Black's Law Dictionary (Second Edition).djvu/381

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DISCHARGE

counter-claims brought in and filed, by Way of set-off, by the accounting defendant; which follows the charge in order.

In criminal practice. The act by which I person in confinement, held on an accusation of some crime or misdemeanor, is set at liberty. The writing containing the order for his being so set at liberty is also called a "discharge." Morgan v. Hughes, 2 Term. 231; State v. Garthwaite, 23 N. J. Law, 143; Ex parte Paris. 18 Fed. Cas. 1104.

In bankruptcy practice. The discharge of the bankrupt is the step which regulnrlv follows the udjudication of bankruptcy and the iidminiatration of his estate. By it he is released from the ohligation of all his debts which were or might be proved in the proceedings. so that they are no longer a charge upon him, and so that he may thereafter en- gage in business and acquire property v\.ithout its being liable for the satisfaction of such former debts. Southern L. & T. Co. v. Benhow (D. C.) 96 Fed. 528; In re Adler, 103 Fed. 444: Colton v. Depew. 59 N. J. Eq. 120. 44 At] 662.

In maritime law. The unlading or nn- livery of a cargo from a vessei. The Bird of Paradise v. Heyneman. 5 Wall. 557. 18 L. Ed. 662: Kimball v. Kimball, 14 Fed. Gas. -186; Certain Logs of Mahogany, 5 Fed. Cars. 374.

In military law. The release or dis- missal of a soldier. sailor, or lTl:ll'iDe, from further military service, either at the expiration of his term of enlistment, or previous thereto on special application therefor, or as ii punishment. An “honorahle" discharge is one granted at the end of an enlistment and accompanied by an oiiicinl certificate of good Conduct during the service. A “dlshonoruble" discharge is a dismissal from the service for bud conduct or as a punishment imposed hy sentence of a court-martial for offenses against the military law. There is also in occasional use a form of “discharge without honor." which implies censure, but is not in itself a punishment. See Rev. St. U. S. §§ 12.94. 1342. 1-126 (U. S. Comp. St. 1901, pp. 913, 944, 1010); Williams v. U. S.. 137 U. S. 113. 11 Sup. Ct. 43, 34 L. Ed. 590: U. S. v. Sweet, 189 U. S. 471, 2% Sup. Ct. 633, 47 L. Ed. 907.

DISCLAIMER. The repudiation or re- nunciation ol’ a right or claim vested in a person or which he had formerly alleged to be his The refusal, waiver, or denial of an estate or right offered to a person. The dis- avow-il. denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his. Also the declaration, or the instrument, by which such disclaimer ls puhlished. Moores v. Clackamas County. 40 Or. 536. 67 Pac. 662.

of estates. The act by which a party refuses to accept an estate which has been

373

DISCONTINUA NOE

conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust. Watson v. Watson, 13 Conn. 85; Kentucky Union 00. v. Cornett, 112 Ky. 677, 66 S. W. 728.

A renunciation or a denial by a tenant of his landlord's title. either by refusm to pay rent, denying any obligntion to pziv, or by setting up a title in himself or a third persou, and this is a dlstiiict ground of forfeiture of the lease or other tenancy, whether of land or tithe. See 16 Ch. Div. 730.

In pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiffs bill. Coop. Eq. Pl. 309: Mitt. Eq. Pl. 318.

In patent law. When the title and specification of u patent do not agree, or when part of that winch it covers is not strictly patentuble. hecuuse neither new nor useful, the patentee is empowered, with leave of the court, to enter a disclaimer of any part E of either the title or the specification, and the disclaimer is then deemed to be part of the letters patent or specification. so as to render them valid for the future. Johns. Fat. 151. F

DISCLAMATION. In Scotch law. Dis- avowal of tenure; denial that one holds lands of another. Bell.

DISCOMMON. To deprive commonable G lands of their conimonable quality, by icnlosing and appropriating or improving them.

DISCONTINIYANCE. In practice. The termination of an action. in consequence of H the plaintiff's omitting to continue the process or proceedings by proper entries on the record. 3 Bl. Comm. 236; 1 Tidd, Pr. GT8;

2 Arch Pr. K. B. 233. I-Iadwln v. Railway C0" 07 S. C. 463, 45 S. E. 1019; Gillespie

v. Bailey, 12 W. Va. 70, 29 Am. Rep. 45 Kennedy v. l\icNickle. ‘I Phila (Pa.) 211: Insurance Co. v. Francis, 52 Miss. 467. 24 Am. Rep. 674.

In practice, a discont-inuance is,a chasm or gap left by neglecting to enter a continuance. By our practice, :1 neglect to enter a continu- ance, even in a defnnited action, by no means puts an cud to it, and such actions may always be brougiit furnnrd. Taft v. Northern Trunsp. Co.. 56 N. H. 4.16.

The cessation of the proceedings in an action Where the pl iintiff voluntnrilv puts K .-in end to it. either by giving notice in writin:: to the defendant be-fore uny step lins been taken in the action subsequent to the answer, or at any other time by order of the court or a judge I-

In practice, discontinuance and dismissal Import the same tiiins. viz.. that the cause a sent out of court. Thurman v. James. 48 M0. 215.

In pleading. That technical interruption of the proceedings in an action which follows where a defendant does not answer the whole M

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