Page:Black's Law Dictionary (Second Edition).djvu/385

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DISMISSAL 3

leadings. Root v. Water Supply Co., 46 Kan. S.’ 26 Pac. 398; Lindsay v. Allen. 112 Tenn1.

6317. 8 See Halilenian v. U. S.. 9 U . 23 L. Ed. 4.'53.—Dinnlssn1 without prejudice. Di-smissai of a hill in equity Will.I-

out prejudice to the right at the complainant to sue again on the same cause of action. The effect of the words “without prejudice" is to pre- wnt the decree of dismissni from operating as a bar to a subsequent suit. Lang v. Waring, 25 Ala. 25, 60 Am. Dec. 3.

DISMORTGAGE. To redeem from mort- gage.

DISORDER. Turbulent or riotous bs havior; immoral or indecent conduct. The breach of the public decorum and morality.

DISORDERLY. Contrary to the rules of good order and hehnvior; violative of the public peace or good order; turbulent, riot- ous, or indecent.

—-Disorderly conduct. A term of loose and Indefinite meaning (except as occasionally de- lined in statutes), but signifying generally any behavior that is oontriry to law, and more particularly such as tends to disturb the public peace or decorum, soaudalize the community, or shock the public sense of moraiity. People v. lxeeper of State Rcl'ormator_v, 176 N. Y. 465,

S N. E. 88-1; People v. Duvis, 80 App. Div. 4-AS. S0 N. Y. Supp. 872: City of Mt. Sterling v. Holly. 103 Ky. 1321. 57 S. \-V. 401 Pratt V. Brown, S0 Tex. 603, 16 S. W. 4-43; Kuhn v. Macon. 95 Ga. 419. 22 S. E. 641; People V. Miller, 38 Him, 8.’: Tyrrcil v. Jersey Oily, % N. J. W. 536.—Disorderly house. In crim- mal law. A house the inmates of which behave so badly as to become a nuisance to the neigh- borhood. It has a wide meaning, and includes bawdy houses. common gaming houses, and plac- es of a like character. 1 Bish. Crim. Law, 5 1106: State v. Wilson, 93 N. C. 608; Hickey v. Slate, 53 Ais. 514: State v. Garity. 46 N. Fl. 61: State v. Grosofski_ 89 Minn. 343, 94 N. W. 1077; Cheek v. Com.. 79 Ky. 359 tats v. McGa.hsn. 48 W Va. 438, 37 S. E. -73.— Disorderly persons. Such as are dangerous or hurtful to the pnhiic pence and welfare by reason of their misconduct or vicious hnhits, and are therefore amendnhle to police regulation. The phrase is chiefly used in statutes. -and the scope of the term depends on local reguintions. Soc 4 Bl. Comm. 169. Gods Cr. Proc. N. Y. 1903, 5 s99.

DISPARAGARE. In old English law. To hring together those that are unequal, (dispares conferrc,-) to connect in an indecorous and unworthy manner; to connect in marriage those that are unequal in blood and parentage.

DISPARAGATIO.}} In old English law. Dislnrugement. Hlvrcdes maritcntizr absque dz.)-paragationc. heirs shall he married without tlisparaggement. iilagua Clui/rm. (9 Hen. III.) C 6.

DISPARAGATION. L. Fr. Disparagemeat; the matching an heir, etc., in marriage, under his or her degree or condition, or against the rules of decency. Kelham.

DISPARAGE.}} To connect unequally; to match unsuitahiy.

77

DISPENSATION

DISPARAGEMENT. In old English law. An injury by union or comparison with some person or thing of inferior rank or excellence.

Marriage without dispurapemont was marriage to one of suitable rank and character. 2 Bl. Comm. 70: Co. Litf. 82b. Shntt v. Carloss. 36 N. C. 232.

DISPARAGIUM. In Old Scotch Invv. Inequality in blood. honor. dignity, or other- wise. Skene de Verb. Sign.

Dispnrntn non delzent jungi. Things unlike ought not to be joined. Jenk. Cent. 24, marg.

DISPARK. To dissolve a park. Cro. Car. 59. To convert it into ordinary ground.

DISPATCH, or DESPATCH. A message. letter, or order sent with speed on a.t- fairs of state; a telegraphic message.

In maritime law. Diligence. due activity, or proper speed in the discharge or a cargo; the opposite of delay. Terjesen v. Carter. 9 Daiy (N. Y.) 193; Moody v. Laths (D. C.) 2 Fed. 607; Sleeper v. Puig, 22 Fed. Gas. 321.

—CusI'/nnlary dispatch. Such as '1ccords with the rules. customs, and usages of the port where the discharge is mnrle.—0.I1ick 1lisp:mtc'i. Speedy discharge of cargo without allowance for the customs or mics of the port or for delay from the crowded state of the harbor or wharf .Mott v. Frost D. C.) 47 Fell. S2; Bjorkqu-ist v. Certain Stee Rail Crop Ends (D. 0.‘), 3 Fed.

717; Davis v. Wallace, 7 Fed Cas. 18-.

DISPAIJPEE. When a person, by reu- son of his poverty, is admitted to sue in formd 11au1zcris, and afterwards. before the suit be ended, acquires s.ny lands, or personal estate, or is guilty of anything whereby he is lia-ble to have this privilege taken from him, then he loses the right to sue in farm!) yvaupcrls, and is said to be dispaupered. Wharton.

Dispensntio est mnli prohibit! provida relsxatio, ntilitnte sen necessitate pensata; et est de jnre domino regi concesss, propter hnpossibilitatem prasvidemli do omnibus pnrticnlnribns. A dispensation is the provident relaxation of a malmu iirohibitum weighed from utility or necessity; and it is conceded by law to the king on account of the impossibility of toreknowi- edge concerning all particulars. 10 Coke. 88.

Dispensatio est vnlnns. quad vulnerat jun commune. A dispensation is a nound_ which wounds common law. Dav. Ir. K. B. 69.

DISPENSATION. An exemption from some iaws; a permission to do soruetlung forbidden: an allowance to omit something comnianded: the cmmnistic name for a

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nu-use. Wharton; Baldwin 1. Taylor, 169M