DIFFORCIARE

one man should suffer for the vice of two.

Difforciare. To keep from one. Digama, or digamy. Same as deuterogamy.

Digests. The Pandects or body of Roman laws compiled under Justinian.

Dignitary. (Ecclesiastical) One higher than a priest or canon. Dignities. Titles of rank or office. Dignity. A title; one of the incorporeal hereditaments.

Dilacion. (Spanish)

An extension of time granted a litigant. Dilapidation. Waste on ecclesiastical property.

Dilationes in lege sunt odiosae. Delays are obnoxious to the law. Dilatory defense. A defense interposed for delay.

Dilatory plea. A plea interposed for delay or to abate the action without reference to the merits. See 44 N. J. L. 552.

Diligence. (Scotch) An execution
proceeding for the collection of a
debt; care. See 4 Nev. 534, 97
Am. Dec. 550.
Diligiatus. Outlawed.

Dillonques. Thenceforth.
Dimes. Tithes.

Dimidietas. Half.

Diocese. The jurisdiction of a bishop.

Diploma. A certificate conferring an honor, privilege or authority. See 40 Ala. 178.

Diplomatics. The science of deciphering ancient documents. Dipsomania. An uncontrollable desire for intoxicants. See 19 Neb. 614, 28 N. W. 271.

Direct. Proximate; not remote. Direct contempt. A contempt com

mitted in court and so as to interrupt the orderly administration of justice. See Ann. Cas. (Miss.) 1913B, 281.

Direct evidence. Precise facts in issue to which a witness will testify. See 59 Mass. 295, 52 Am. Dec. 711.

Direct examination. Examination in chief of a witness.

Direct line. Direct lineal succession. Direct tax. Capitation or poll tax; tax on land. See 3 Dall. (U. S.) 171, 1 L. Ed. 556.

Direction. The address to the court in a bill of equity; a court's instruction to a jury; control. Directors. Members of a corporation governing board. See 34 Cal. 48, 91 Am. Dec. 672.

Directory. Advisory, as opposed to mandatory, as a directory statute. Directory statute. One the disobedience of which is not an unlawful act. See 86 Tex. 133, 23 S. W. 1103.

Directory trust. One wherein the trust fund is directed to be invested in a particular manner.

at a Roman election. Dirimant

impediments. Bars to matrimony not removed by consummation.

Disability. Legal incapacity. See 18 Mont. 152, 56 Am. St. Rep. 565, 44 Pac. 528.

Disabling statutes. Statutes which curbed the leasing of lands by the church.

Disadvocare. To disavow.

Disaffirmance. Repudiation of a voidable obligation.

Disafforest. Same as Deafforest. Disaffranchise. To disfranchise. Disallow. To overrule; to reject; to deny.

Disalt. To disable.

Disappropriation. The misuse of church property for other purposes.

Disavow. To repudiate; to disclaim. Disband. Same as Dissolve. See 71

Mich. 87, 38 N. W. 712.

Disbar. To revoke an attorney's license to practice. Disbarment proceeding. One to disbar an attorney. See 121 Iowa, 292, 100 Am. St. Rep. 354, 63 L. R. A. 614, 96 N. W. 855. Disbocation. The act of disforesting.

Discarcare, or discargare. To dis

DISCOVERY

Disclaimer. A denial; a waiver; refusal to accept an offer; a formal refusal to accept a conveyance. See 3 Wend. (N. Y.) 337, 20 Am. Dec. 699.

Disclaimer of tenure. A tenant's disclaimer in an action for rent. Disclamation. Disclaimer.

Discommission. To deprive of an office or commission.

Discommon. To deprive of a right of common; to change common property into private property. Discontinuance. Dismissal of an action; an ouster of a reversioner by the grant by a tenant in tail of a larger estate than he had; failure of the plaintiff to continue his action. See 12 W. Va. 70, 29 Am. Rep. 445.

Discontinuous easement. An easement to perform acts at separated intervals.

Discontinuous servitude. A servitude carrying a discontinuous easement. See 21 N. Y. 505. Disconvenable. Improper. Discoöperta. Discovert. Discount. The interest reserved from an amount loaned or advanced at the time of the loan or advance. See 95 Ala. 521, 36 Am. St. Rep. 245, 20 L. R. A. 58, 12 South. 579.

Discovert. Unmarried; unprotected. Discovery. Sworn testimony furnished by the defendant in answer to a complaint or bill in equity; knowledge as distinguished from suspicion (see 41 Neb. 413, 59 N. W. 838); the finding of mineral in place. See 18 Mont. 208, 56 Am. St. Rep. 578, 33 L. R. A. 851, 44 Pac. 979.

Discovery claim. A mining claim held by right of discovery of minerals therein.

Discretio est discernere per legem quid sit justum. Discretion is the selection of that which is just by the law. See 3 Gray (Mass.), 204. Discretio est scire per legem quid

sit justum. Discretion is the knowledge of that which is just by the law. See 4 Johns. Ch. (N. Y.) 352.

Discretion. The exercise of the best of a court's judgment upon the occasion calling for it. See 8 Wend. (N. Y.) 462, 24 Am. Dec. 46.

Discretionary trust. One wherein no direction is made as to the investIment of the fund. See 18 Tenn. 263, 31 Am. Dec. 576.

Discumberment. Release from encumbrance or lien.

DISPARAGE

Disheritor. One who disinherits another.

Dishonor. Refusal to accept a bill of exchange; refusal to pay negotiable paper. See 1 Wis. 264.

Disincarcerate. To release from imprisonment.

Disincorporate. To relinquish a corporate charter.

Disinherison. Deprivation of a forced heir of his inheritance. Disinheritance. Preventing an heir from succession to the estate of his ancestor.

Disinter. To exhume a corpse.
Disinterested

witness. One unbiased by interest in the action. See 5 Mass. 219. Disjunctim. Separately; severally. Disjunctive allegations. Separated, independent charges.

Disjunctive condition. A condition depending upon the happening of but one of several events.

Disjunctive term. An alternative term. See 2 Miles (Pa.), 49. Tithes.

Dismiss.

Dismiss.

To discontinue; to order a cause, motion or prosecution to be discontinued or quashed. See 37 N. H. 536, 75 Am. Dec. 154. Dismortgage. To redeem from mortgage.

Disorderly. Against public peace, good order, morals, decency or safety.

Disorderly house. A disreputable house. See 104 N. C. 858, 17 Am. St. Rep. 704, 10 S. E. 455. Disorderly persons. Vagrants. See 4 Bl. Comm. 169.

Disparagation. Same as Disparage

ment.

Disparage. To permit a disparage

ment.

DISPARAGEMENT

Disparagement. A ward's unequal marriage permitted by a guardian. See 36 N. C. 232.

Disparagium. Inequality in blood or station.

Disparata non debent jungi. Dissimilar matters ought not to be joined. Dispark.

To change the use or character of a land used as a park. Dispauper. To deprive of the right

of suing in forma pauperis; to declare one no longer a pauper. Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound, because it wounds common right. Dispensation. Exemption from certain duties or penalties imposed by law.

Dispersonare. To scandalize. Dispone. To grant or convey. Dispose of. To alienate; to effectually transfer. See 73 Fed. (U. S.) 292.

Disposing mind. One fully capable

of comprehending a testamentary disposition of property. See 108 Pa. 395, 56 Am. Rep. 218. Dispossession. Changing from the possession of one person to that of another.

Disputable presumption. One which is conclusive until overthrown by contrary evidence. See 26 S. C. 49, 1 S. E. 52.

Disputatio fori. An argument before the court.

Disrationare. To exonerate one's self.

Dissasina. Disseisin.

Disseisee. One who has suffered disseisin.

Disseisin. A wrongful ouster from possession of a freehold. See 177

Disseisin in fact. Exists only when there is a wrongful entry by one claiming an actual ouster of the true owner, or some act tantamount thereto. See 2 Wend. (N. Y.) 166, 19 Am. Dec. 571. Disseisinam satisfacit, qui uti non permittit possessorem, vel minus commode, licet omnino non expellat.

One commits a disseisin who does not permit the possessor to enjoy his property or who renders his enjoyment less comfortable, although he does not expel him altogether.

Disseisor. One who effects a disseisin.