Blacks Law Dict. 1st ed

DISPUTABLE PRESUMPTION

376

DISPARAGATION

commanded; the canonistic name for % license. Wharton. 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 much a dispensation a* a change of the law. Bouvier. DISPERSONARE. To scandalize ordis parage. Blount. DISPLACE. This term, as used in ship ping articles, means "disrate," and does not import authority of the master to discharge a second mate, notwithstanding a usage in the whaling trade never to disrate an officer to a seaman. 103 Mass. 68. DISPONE. In Scotch law. To grant or convey. 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. Paters. Comp. DISPOSE. To alienate or direct the own ership of property, as disposition by will. 42 1ST. Y. 79. Used also of the determination of suits. 13 Wall. 664. Called a word of large extent. Freem. 177. DISPOSING CAPACITY OR MIND. These are alternative or synonymous phrases in the law of wills for "sound mind," and "testamentary capacity," (q. v.) DISPOSITION. In Scotch law. A deed of alienation by which a right to property is conveyed. Bell. DISPOSITIVE FACTS. Such as pro duce or bring about the origination, transfer, or extinction of rights. They are either in vestitive, those by means of which a right comes into existence, divestitive, those through which it terminates, or translative, those through which it passes from one per son to another. DISPOSSESSION. Ouster; a wrong that carries with it the amotion of posses sion. An act whereby the wrong-doer geti the actual occupation of the land or heredita ment. It includes abatement, intrusion, dis seisin, discontinuance, deforcement. 3 Bl» Comm. 167. DISPUNISHABLE. In old English law. Not answerable. Co. Litt. 276. 53. 1 Steph. Comm. 245. Not punishable. "This mur der is dispunishable." 1 Leon. 270. DISPUTABLE PRESUMPTION. A presumption of law, which may be rebutted or disproved. Best, Pres. § 25.

disparagatione, heirs shall be married with out disparagement. Magna Charta, (9 Hen. III.) c. 6. DISPARAGATION. L. Fr. Dispar agement; the matching an heir, etc., in mar riage, under his or her degree or condition, or against the rules of decency. Kelham. DISPARAGE. To connect unequally; to match unsuitably. DISPARAGEMENT. In old English law. An injury by union or comparison with some person or thing of inferior rank or excellence. Marriage without disparagement was mar riage to one of suitable rank and character. 2 Bl. Comm. 70; Co. Litt. 826. DISPARAGIUM. In old Scotch law. Inequality in blood, honor, dignity, or other wise. Skene de Verb. Sign. Disparata non debent 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 mes sage, letter, or order sent with speed on af fairs of state; a telegraphic message. DISPAUPER. When a person, by rea son of his poverty, is admitted to sue in for ma pauperis, and afterwards, before the suit be ended, acquires any lands, or person al estate, or is guilty of anything whereby he is liable to have this privilege taken from him, then he loses the right to sue in forma pauperis, and is said to be dispaupered. Wharton. Dispensatio est mall prohibiti provida relaxatio, utilitate seu necessitate pen sata; et est de jure domino regi concessa, propter impossibilitatem praevidendi de omnibus particularibus. A dispensation is the provident relaxation of a malum pro hibitum weighed from utility or necessity; and it is conceded by law to the king on ac count of the impossibility of foreknowledge concerning all particulars. 10 Coke, 88. Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound, which wounds common law. Dav. Ir. K. B. 89. DISPENSATION. An exemption from some laws; a permission to do something forbidden: aD allowance to omit something

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