Page:Black's Law Dictionary (Second Edition).djvu/386

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DISPENSATION

Pa. 507. 31 At]. 250; Vieie v. Insurance Co.. 26 InWa_ 56, 96 Am. Dec. 83.

A reiaxation of law for the benefit or ad- vantage of an 1ndi\idunl. In the Uni-ed States. no power exists, except in tl1e_le.-nslaturc, to dispense Wltii law; and then it Is not so much a dispensation as a change of the law. Bouvler.

DISPERSONARE. parage. Blount.

To scandaiize or dis-

DISPLACE. This term, as used in shipping articles. means “d:srate." and does not import authority of the master to discharge a second mate, notr-vit.hsI;un(l1ng a usage in the whaling trade never to disrate an officer to a seamen. Potter v. Smith, 103 Mass. 68.

DISPONE. In Scotch law. To grant or convey. A technical WOl‘d essential to the conveyance of heritable property, and for which no equivalent is accepted. however x-ieur may be the meaning of the party. i’aters. Comp.

DISPON0. Lat. To dispose of. grant, or convey. D¢s]mnet_ he grants or aiienates. .Iu.e dispflilfndi, the right of disposition, 6. 2., of transferring the title to property.

DISPOSE. To alienate or direct the ownership of property, as disposition by will. I'sed also of the determination of suits. l‘-iilcd a word of large extent. Koerner v. \\ ilkinson. 96 Mo. App. 510. 70 S. W. 509; Love v. Pamplin (C. C.) 21 Fed. 760; U. S. v. Hacker (D. C.) 73 Fed. 294; Benz 1'. Fabian, 54 N. J. Eq. 615, 35 Atl. 730; E1- sion v. Schilling. 42 N. Y. 79: Beard v. Knox. 5 Oal. 256. 63 Am. Dcc. 1%.

DISPOSABLE PORTION. That portion of a man's property which he is free to dispose of by will to beneficiaries other than his wife and children. By the ancient com- mon law, this amounted to one-third of his estate it he was survived by both wife and children. 2 Bl. Comm. 492: Hopkins v. W-'right, 17 Tex. 36. In the civil law (by the Lea: Fat!-Mia) it amounted to three-fourths. Maciaeld Rom. Law. §§ 703, 771.

DISPOSING CAPACITY OE MIND. These are alternative or synonymous phrases in the law of wills for “sound mind," and "testamentary capacity." (a. 1:.)

DISPOSITION. In Scotch law. A deed of alienation by which a right. to property is conveyed. Bell.

DISPOSITIVE FACTS. Such as pr!)- (‘lucc or hring about the origination. transfer. or extinction of rights. They are either in- —a‘(!.:Itr'-tive. those by means of which a right comes into existence. ditvrxtitix 6. those through which it terminates, or transiafire, tinose through which it passes from one person to nnolher.

378

DISRATE

DISPOSSESS PROCEEDINGS. Sum- mary process by a landlord to oust the Innant and regain possession of the premises for non—1'>ayment of rent or other breach of the conditions of the lease. Oi’ local origin and colloquial use in i\ew York.

DISPOSSESSION. Ouster; a wrong that carries with it the ainotion or pass!- sion. An act whereby the wrung-dorr gets the actual occupation of the land or l1eredim- meat. It inciudes abatement, intrusion, disseisin, discontinuance, deforcenieut. 3 BL Comm. 167.

DISPROVE. To refute: to prove to be false or erroneous: not necessarily by mere denial, but by affirmative evidence to the

contrary. Irsch v. Irsch. 12 N. Y. Civ. Proc. R. 182. DISPUNISHABLE. In old Eniziish law.

Not answerable. Co. Litt. 27b. 53. 1 Staph. Comm. 245. Not punishable. "This murder Is dispunishable." 1 Leon. 270.

DISPUTATIO FORI. In the civil law. Discussion or argument before a court Mackeld. Rom. Law, § 38: Dig. 1, ‘.7, 2, 5.

DISPUTE. A conflict or controversy: 3

confiict of claims or righis: an nssux-lion of a right, claim, or demand on one side, met by contrary claims or allegations on the other. Slaven v. Wheeier_ 58 Tex. 2:3: Keith v. Levi (C. C.) 2 Fed. 745; Ft. rm Gas Co. V. Borough of Sewlckley, 198 Pa. 201. 47 At]. 951; Railroad Co. v. Clark, 92 Fed. 968, 35 C. C. A. 120. —Dirpntn‘I11e presumption. A presurnptinn of law, which may he rchutted or (Iisprovcd. See Pnnsnm>'rmNs.—Ma.tter in dispute. The sub]: ct of Litigation: the matter for which a suit is brought and upon which issnu is joined, and in relation to whinh jurm'.< are called and witnesses examined. Let! v. Watson. 1 Wall. 339. 17 L. Ed. 557: Smith v. Auhms, 130 U. S. 167, 9 Sup. Ct. 566. 32 L Ed. 935.

DXSQUALIFY. To divest or deprive of qualifiratriuns; to incapacitate: to render ineligible or unfit; as, in speaking of the "dis- quaiification" of a judge by reason of his interest in the case. 01' a juror by reason of his holding a fixed preconceived opinion. or of a candidate for public oliire luv 1e.1~:n of non-residence. lack of statutory ngc. previous commission of crime. etc. In re Tyers Estate. 41 Misc. Rep. 378, 84 N. Y. Supp. 934; In re Maguire, 51 Cni. 606. -10 Am. Rep. 12 Carroll v. Green, 14.‘! ind. 36'.’ 47 N. E. 29.3‘ In re l\e\'itl:. 117 Fed. 443 54 C. C. A. 6:22: State v. Blair. 5.} Vt. 25.

DISRATE. In maritime law. To deprive a scaman or petty officer of his "rating" or rank; to reduce to a lower rate ul'

ranlz.