The Cyclopedic Law Dictionary

(Lat. from differre, to put off). In old English law. Delay. Sine dilatione; without delay. Reg. Orig. 1.

Delays in law are odious. Branch, Princ.

In Chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on shall be remov

One which goes to defeat the particular action brought, merely, and which does not answer as to the general right of the plaintiff.

In Scotch law. Process; execution. Diligence Against the Heritage. A writ of execution by which the creditor proceeds against the real estate of the debtor. Diligence Incident. A w

Pottage formerly made for the king's table on the coronation day. of finding this pottage at that solemnity. 39 Hen. III.

The moiety or half.of a thing. DIMINUERE (Lat.) In old English law. To lessen or diminish; to take away, leave out, or omit. De recordo diminuere; to take from, or diminish a recor

In the civil law. Diminution; a taking away; loss or deprivation. Diminutio capitis, loss of status or condition. See "Capitis Diminutio."

In practice. Incompleteness of the record of a case sent up from an inferior to a superior court.

In old conveyancing. I have demised. Dimisi, concessi, et ad firmam tradidi, have demised, granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317, 318.

In old conveyancing. He has demised. See "Dimisi."

In the civil law. Letters dimissory or dismissory, commonly called "apostles" (quae vulgo apostoli dicuntur). Dig. 50. 16. 106. See "Apostoli"; "Apostles."

A government by two persons.

In Spanish Law. Money. Dinero contado, money counted. White, New Recop. bk. 2, tit. 13, c. 1, § 1. In Roman Law. A civil division of the Roman empire, embracing several provinces.

Ecclesiastical courts taking cognizance of all matters arising within the diocese of each bishop. They consist of the consistorial court, and the courts of archdeacons, exercising

The territorial extent of a bishop's jurisdiction; the circuit of every bishop's jurisdiction. Co. Litt. 94; 1 Bl. Comm. Ill; 2 Burns, Ecc. Law, 158.

An Instrument of writing, executed by a corporation or society, certifying that a certain person therein named is entitled to a certain distinction therein mentioned. It is usually

The art of judging of ancient charters, public documents, or diplomas, and discriminating the true from the false. Enc. Lond.

In medical jurisprudence. A disease produced by drunkenness, and, indeed, other causes, which overmasters the will of its victim, and irresistibly impels him to drink to intoxicati

Diptychs; tablets of wood, metal, or other substance, used among the Romans for the purpose of writing, and folded like a book of two leaves. The diptychs of antiquity were especia

Straightforward; immediate; not collateral. The direct line of descent is formed by a series of relationships between persons who descend successively one from the other. Evidence

An attempt to set aside or correct a judgment in some manner provided by law. 51 111. App. 476.

Those contempts which are committed within the presence of the court while in session, or so near to the court as to interrupt its proceedings. 168 111. 106; 153 111. 647.

The order and government of an institution; the persons who compose the board of directors are jointly called the In Practice. That part of a bill in chancery which contains the ad

In the law of descent. Direct lineal succession.

Persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of tfie directors collectively form the board of d

When a statute directs certain proceedings to be done in a certain way or at a certain time, and the form or the period does not appear essential to the judicial mind, the law will

One where, by the terms of the trust, the trust fund is directed to be vested in a particular manner until the period arrives when the trust is to be terminated. 10 Yerg. (Tenn.) 2

See "Tax."

Those bars which annul a consummated marriage.

In Roman law. Officers who distributed ballots to the people, to be used in voting. Tayl. Civ. Law, 192.

The want of legal capacity. "Disability implies want of power, not want of inclination. It refers to incapacity, and not to disinclination." 32 Barb. (N. Y.) 473. Disabilities were

The acts of 1 Eliz. c. 19, 13 Eliz. c. 10, 14 Eliz. co. 11, 14, 18 Eliz. c. 11, and 43 Eliz. c. 29, by which stricted. 2 Bl. Comm. 319, 321; Co. Litt. 44a; 3 Steph. Comm. 140. Also

To disavow.

The act by which a person who has entered into a voidable contract, as, for example, an infant, disagrees to such contract, and declares he will not abide by it. Disaf Srmance is e

To restore to their former condition lands which have been turned into forest. To remove from the operation of the forest laws. 2 Sharswood, Bl. Comm. 416.

The refusal by a grantee, lessee, etc., to accept an estate, lease, etc., made to him; the annulling of a thing that had essence before. No estate can be vested in a person against

To disable a person.

This is where the appropriation of a benefice is severed, either by the patron presenting a clerk, or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 38

To deny the authority by which an agent pretends to have acted, as It is the duty of the principal to fulfill the contracts which have been entered into by his authorized agent; an

In English Law. To expel a barrister from the bar. In the United States. To debar an attorney from the right to practice.

To strike off the name of a person from the roll of the senior members of the Inns of Court in London.

In old English law. A conversion of wood grounds into arable or pasture; an assarting. Cowell. See "Assart."

or DISCARGARE (Law Lat. from dis, priv., and carcare, to load or charge). In old English law. To discharge; to unload; as a vessel. Carcare et disca/rcare, to charge and discharge;

To free from a charge or load; to remove; to satisfy or pay; to set free, dismiss, or absolve; to carry on or perform. The term has many applications, the principal being: Of Cargo

A disavowal; a renunciation; as, for example, the act by which a patentee renounces part of his title of invention. Of Estates. The act by which a party refuses to accept an estate

In Scotch law. Disavowal of tenure; denial that one holds lands of another. Bell, Diet.; Skene de Verb. Sign. DISCLOSE: DISCLOSURE. To disclose an offense, is not to state it or co

To deprive commonable lands of their commonable quality, by in-

Of Estates. An alienation made or suffered by the tenant in tail, or other tenant seised in autre droit, by which the issue in tail, or heir or successor, or those in reversion or

or Discontinuous easement. An easement made up of repeated acts, instead of one continuous act, such as right of way, drawing water, etc. DISCONVENABLE (Law Fr.) Improper; unfit. K

——In Contracts. Interest reserved from the amount lent at the time of making a loan. An allowance sometimes made for prompt payment. As a verb, it is used to denote the act of givi

Not covert; unmarried. The term is applied to a woman unmarried, DISCOVERY (Fr. deoouvrir, to uncover; to discover). The act of finding an unknown country. The nations of Europe ad

To deprive one of credit or confidence. The impeachment of a witness, as distinguished from a contradiction of his testimony. See "Impeachment."

A difference between one thing and another; between one writing and another; a variance. A material discrepancy exists when there is such a difference between a thing alleged and a

In Practice. The equitable decision of what is just and proper under the circumstances. The power of a judge, in certain matters, to decide in accordance with his own judgment of t

Those which cannot be duly administered without the application of a certain degree of prudence and judgment; as, when a fund is given to trustees to be distributed in certain char

In civil law. A proceeding, on the part of a surety, by which the property of the principal debtor is made liable before resort can be had to the sureties. This is called the "bene

For the purpose of furnishing an excuse for what would otherwise be a crime, "voluntary drunkenness is not regarded as a disease affecting the mind; but involuntary drunkenness, an

An assurance by which a tenant in tail bars his estate tail, so as to convert it into an estate in fee, either absolute or base. Disentailment is regulated by 3 & 4 Wm. IV. c. 74.

In an indictment for an assault to "disfigure" is to do some external injury which may detract from the personal appearance. Arch. Cr. 760.

The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst, note 192. It differs from amotion (g. v.), which is applicable to the removal of an

In English law. To deprive lands of that principal quality of gavelkind tenure by which they descend equally among all the sons of the tenant. 2 Wooddeson, Lect. 76; 2 Bl. Comm. 85

Ignominy; shame; dishonor. No witness is required to disgrace himself. 13 How. St. Tr. 17, 334; 16 How. St. Tr. 161.

In old English law. The depriving of an order or dignity. Termes de la Ley; Blount.

Disinheritance; depriving one of an inheritance. Obsolete. See "Disinherison."

One who disinherits, or puts another out of his freehold. Obsolete.

A term applied to the nonfulfillment of commercial engagements. To dishonor a bill of exchange or a promissory note is to refuse or neglect to pay it at maturity. The holder is bou

In civil law. The act of depriving a forced heir of the inheritance which the law gives him. In Louisiana, forced heirs may be deprived of their legitime, or legal portion, and of

The act by which a person deprives his heir of an inheritance, who, without such act, would inherit. By the common law, any one may give his estate to a stranger, and thereby disin

One who has no interest in the cause or matter in issue, and who is lawfully competent to testify.

In pleading. Allegations which charge a party disjunctively, so as to leave it uncertain what 'is relied on as the accusation against him. An indictment, information, or complaint

One which is placed between two contrar-*s, by the affirming of one of which the other is taken away. It is usually expressed by the word "or." See 3 Ves. 450; 7 Ves. 454; 2 Rop. L

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

To redeem from mortgage.

In criminal law. A house the inmates of which behave so badly as to become a nuisance to the neighborhood. One kept in such a way as to disturb or scandalize the public generally,

A class of offenders, subjects of police regulation, described in the statutes which punish them. See 4 Bl. Comm. 169. DISPARAGATION (Law Fr. disparagement). The matching an heir,

In old English law. An injury by union or comparison with some person or thing of inferior rank or excellence. Marriage without disparagement was marriage to one of suitable rank a

In old Scotch law. Inequality in blood, honor, dignity, or otherwise. Skene de Verb. Sign.

Dissimilar things ought not to be joined. Jenk. Cent. Cas. 24.

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

In English law. To deprive a person of the privilege of suing in forma pauperis. When a person has been admitted to sue in forma pauperis, and before the suit is ended it appears t

A relaxation of law for the benefit or advantage of an Individual. In the United States, no power exists, except In the legislature, to dispense with law; and then it is not so muc

To scandalize or disparage. Blount.

In Scotch law. A technical word essential to the conveyance of heritable property, and for which no equivalent is accepted, however clear may be the meaning of the party. Paterson,

The mental capacity to know and understand what disposition he may wish to make of his property, and upon whom he will bestow his bounty. 117 111. 321. Testamentary capacity {q. v.

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

Such as originate, transfer, or extinguish rights, known respectively as investitive, translative, and divestitive facts. These terms were coined by Bentham, and have not found the

Ouster; a wrong that carries with it the amotion of possession. An act whereby the wrongdoer gets the actual occupation of the land or hereditament. It includes abatement, intrusio

In old English law. Not answerable. Co. Litt. 27b, 53; 1 Steph. Com. 245; 2 Crabb's Real Prop. 47, § 1000. Not punishable. "This murder is dispunishable." 1 Leon. 270.

A presumption of law, which may be rebutted or disproved. Best, Pres. § 25; Burr. Circ. Ev. 47. DISPUTATIO FORI (Lat.) Argument in court. Du Cange. DISRATIONARE (Law Lat.; Law Fr.

In old Scotch law. Disseisin; dispossession, Skene de Verb. Sign.

One who is wrongfully put out of possession of his lands; one who is disseised.

A privation of seisin; a usurpation of the right of seisin and possession, and an exercise of such powers and privileges of ownership as to keep out or displace him to whom these r

QUI UTI non permlttit possessorem, vel minus commode, licet omnino non expellat. He makes disseisin enough who does not permit the possessor to enjoy, or makes his enjoyment less c

One who puts another out of the possession of his lands wrongfully. DISSEISORESS (Law Lat. disseisitrix). A woman that disseises another person. Litt. § 678; Co. Litt. 357b.

A disagreement to something which has been done. It is express or implied.

In old law. To break open a seal. Whishaw.

Of dissimilars the rule is dissimilar. Co. Litt. 191.

Wrong is wiped out by reconciliation. Ersk. Inst. bk. 4, tit. 4, § 108.

In Contracts. The dissolution of a contract is the annulling thereof by the contracting parties. Of Corporations. The termination of the corporate existence in any manner, whether