Disbursement

Money paid out by an executor, guardian, or trustee, on account of the fund in his hands. The necessary expenditures incurred in an action, and which, under the codes of procedure of some of the states, are included in the costs, are also so called. But see Wright's Adm'rs v. Wilkerson, 41 Ala. 267; Case v. Price, 9 Abb. Pr. (N. Y.) 111. DISCEPTATIO CAUS/E (Eat). In Roman Law. The argument of a cause by the counsel on both sides. Calvinus, Lex. •DISCHARGE. The act by which a person demeanor, is set at liberty; the writing continuing the order for his being so set at liberty is also called a discharge. The discharge of a defendant, in prison under a ca. sa., when made by the plaintiff, has the operation of satisfying the debt, the plaintiff having no other remedy; 4 Term 526. But when the discharge is in consequence of the insolvent laws, or the defendant dies in prison, the debt is not satisfied. In the first case the plaintiff has a remedy against the property of the defendant acquired after his discharge, and in the last case against the executors or administrators of the debtor. Bacon, Abr. Execution, D; Bingham, Execution 266. The word has still other uses. Thus, we speak of the discharge of a surety, whereby be is released from his liability; of a debt; of a contract; of lands,- or money in the funds, from an incumbrance; of an order of a court of justice, when such order is vacated; 2 Steph. Com. 107, 161. We also speak of a discharge in bankruptcy; Boynton v. Ball, 121 U. S. 457, 7. Sup. Ct 981, 30 L. Ed. 985; Scott v. Ellery, 142 IT. S. 381, 12 Sup. Ct. 233, 35 L. Ed. 1050; Fowle v. Park, 48 Fed. 789.

' Paying out money; also, the money itself. By an administrator— money or currency paid in extinguishment of the liabilities of the decedent or of the expenses of administration.' 1 [Wiesner v. Zaun, 39 Wis. 206 (1875): Burr Ul. » Meeks V. Vassault, S Saw. 213 (1874), Sawyer, Cii-. J. a See 33 Barb. 480; IDS Ind. 195; 16 Alb. L. J. 292; 3 Bl. Com. 301; Coke, Inst. 1. 5, p. 21; 1. 8, p. 69. 4 State V. City of Newark, 27 N. J. L. 197 (1858). ' Mercer's Lessee v. Selden, 1 How. 37 (1843). • Sims V. Everhardt, 102 U. S. 310 (1880),cases; 77 Va.72. Also, an expenditure of money necessarily incurred in the regular course of proceedings in an action, and allowable as costs.' Compare Reimbcrse. SeeEARN-