Page:Black's Law Dictionary (Second Edition).djvu/382

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DISCONTINUANCE OF AN ESTATE

of the pl-.iinti.l'f's declaration, and the plaintiff omits to take judgment for the part unanswered. Steph. Pl. 216. 217.

DISCONTINUANCE OF AN ESTATE. The tcrn.iin.ition or suspension of an estatetall, in couscquence of the act .01? the tenant in tall. in conveying ti larger estate in the land than he wiis by law entitled to do. 2 Bl. (‘oiui.n. 275; 3 Bl. Comm. 171. An aiieuiitiun made or suffered by tenant in tail, or by any that is seised in outer draft, where- by the issue in mu, or the heir or siircessor. or those in reversion or reniainder, are driven to their action, and cannot enter. Co. Litt. 315511. The cesscr of a seisiii under an estate, and the acquisition of a seisiu under a new and necessarily a wrongful title. Prest. Merg. c. ii.

Discontinnare nihil nlind gig-nlfleat qnnm intermittere, desuemere, inter- 1-nmpere. Co. Litt. 325. To discontinue signifies nothing else than to interniit, to disuse, to interrupt.

DISCONTINITOIJS. Occasional; intermittent; cliiiractcrized by separate repeated acts; as. discontinuous easements and servitudes. See EASEMENT.

DISCONVILNABLE. L. Fr. unfit. Kelhani

Improper ;

DISCOUNT. In a general sense, an aliownnce or deduction made from a in-oss sum on any account Whatever. in a more iiniited and technical sense, the taking of interest in advance.

By the langiiage of the commercial world and the settled practice of banks, a discount hy a bank means a driiwhack or d(-'(llil‘ti0l.l made upon its advances or loans of money. upon negotiable paper or other evidences of debt payable at a future day, which are transferred to the b-ant. Fiockner v. Bank, 8 Wheat. 388. 5 L. Ed. 631; Bank v. Baker. 15 Ohio St. 87.

Although the discounting of notes or bills. in its most coniprcliensive sense, may mean iending money and taking notes in payment, yet in its inorii ordinary sense, the distountin,-: of notes or hills moans iidianoing a consideration for a hill or note. deducting or discounting the interest vihich will accrue for the time the note has to run. Loan Co. v. Touner, 13 Conn. 2-19.

Discounting by a hunk menus lending money upon a note, and deducting the interest or premiuin in adva Bank v lirucc. 17 N. Y. 507: State \. Sail. Inst.. 4S Mo. 189.

b rdinarv meuuinir of tlic term “to dis- uuin to take iritc.-rest in advance, and in |i:ilii(iII_L' is a mode of loaning money. It is the in 1‘ 'III(‘'‘ of money not due till some future peri- -u his, the iiitcrest which would he dun there on “hen payable Weckler v Bank 42 Md. FM". 20 Am. Rep. 95.

Uiscoiint as we have seen. is the diifcrenco iirtnecu the price and the amount of the debt. lhc cvidence of i\h' ‘h is tran '|‘i-rrcd. '1 mil difference represciits interest chained. bcin,-: at the I<i|lllE rali-, according to which the price paid. if invested until the maturity of the deht, will

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374

DISCOV ERY

just produce its amount. Bank v. Johnson. l0l U. S. 276, 26 LL Erl. 7-12

Discounting a note and huying it are not Ider ticiil in meaning, the latter expression lirinx used to denote the trunsiiction when the 115.5 does not indorse the note, and is not Incominhie for it. nk v. Baldwin. 23 Minn. 206, I Am. Rep. 6 .

In practice. A set-oil.’ or detaicatiou in an action. Vin. Ahr. “Discount." But IOI Trahue's Ex'r v. Harris. 1 Meta. (Ky.) 59.‘. —Disconnt broker. A bill hroker; one who

discounts hills of exchange and _ [_i'l‘Ul1liSSOl'}’ notes, and advances money on securities.

DISGOVERT. Not niarricd: not suiiject to the disabilities or a coverrure. It applies equally to a maid and I1 Widow.

DISCOVERY. In a general sense, the nscerminmeiit of that Which W'is preiiousiy unknown; the disclosure or coming to ii:lJt of whiit was previously hidden; the acquisition of notice of knowledge of giuzu acts or facts; as. in regard to the "discovery" of fraud affecting the running of the statute of liniitiitious, or the grintliig of a new trkl for newly “discoi-cred“ ciidence. I<‘i-inc-is V. Waiiace. 77 Iowa. 373, 42 N. W. 3“ 'iiri<<t v. Kuhn. 21 Neb. 413. 3'2. N. W. '74. 19 Am. Rep. 852; Laird v. Kiiliourne ‘T0 lowii, S3. 30 N. W. 9; Howton \-'. Roherts, 4!) S. W. 340, 20 Ky. Iniw Rep. 1381; Marbourg v. Mc- Cormick, 23 Kim. 43.

In international law. As the foundation for a claim of national oixnersiiip or sovereignty, discovery is the fiudini: of A country, continent, or island prenu known, or previoiisly known only to its ucnivilizi‘-d inhaiiitaiits. Martin v Wnrldell, 16 Pet. 401), 10 L. Ed. 997.

In patent law. The finding out some sub stance. niechanical deiicc, impruvemeiit. or application. not preiiuusly known. In re Kemper. 14 Fed. Cas. ‘ZST: Dunbar v. Mey- ers. 94 U. S. 197. 24 L Ed. 34.

Discovery, as used in the patent laws. dept--:"-= upon invention. Every invention may. in a u-i» tain sense. einhriice more or less o_f discm-i-1; [or it must iii“-iiys inciude something that is new; but it by no means follows that every di.~'c0vei'_v is an invention. Morton v. Infirmary. 5 lllatcht. 121, Fed. Cas. No. l 5.

In practice. The disclosure ivy the defendant of facts, titles. docunieiits, or oiim things iihich are in his cxcliisliv lnioivleilizc or possession, and which are necessary to the party seeking the discovery as a part of II caiise or action pending or to be lironght in another court, or as evidence of his rights \/|' title in such procecdiiis; 'l‘ucl.'er v. ti .1. 151 U. S. 10-1. 14 Sup Cl’ 29"! 33 L. Ed. 1112‘ Kelley v. BUOtt(‘IlBl'. 85 Fed. 29 C. C. A.1-1.

Also used of the disclosiire by a IlflI|l{l‘ll|l of his property [or the benefit of credituvw.

In mining law. As the hasis of the rl_i;.-I to locate a n.ii_ning claim upon the pulilit donriin. discoiery means the finding of mili-

eraiizul rock in place. Migeon v. Itiiiiroad