KFLCC Kingdom Law 2nd Ed.

372

DISAFFOREST

DISCHARGE

the intention of the party to disregard the obligations of the contract. DISAFFOREST. To restore to their for mer condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 416. DISAGREEMENT. Difference of opinion or want of uniformity or concurrence of views; as, a disagreement among the mem bers of a jury, among the judges of a court, or between arbitrators. Darnell v. Lyon, 85 Tex. 466, 22 S. W. 304; Insurance Co. v. Doying, 55 N. J. Law, 569, 27 Atl. 927; Fow ble v. Insurance Co., 106 Mo. App. 527, 81 S. W. 485. In real property law. 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 his will. Conse quently no one can become a grantee, etc., without his agreement. The law implies such an agreement until the contrary is shown, but his disagreement renders the grant, etc., inoperative. Wharton. DISALT. To disable a person. DISAPPROPRIATION. In ecclesiastic al law. 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. 385. DISAVOW. To repudiate the unauthor ized acts of an agent; to deny the authority by which he assumed to act. DISBAR. In England, to deprive a bar rister permanently of the privileges of his position; it is analogous to striking an attor ney off the rolls. In America, the word de scribes the act of a court in withdrawing from an attorney the right to practise at its bar. DISBOCATIO. In old English law. A -conversion of wood grounds into arable or pasture; an assarting. Cowell. See ASSABT. DISBURSEMENTS. Money expended by an executor, guardian, trustee, etc., for the benefit of the estate in his hands, or In connection with its administration. The term is also used under the codes of civil procedure, to designate the expenditures necessarily made by a party in the progress •of an action, aside from the fees of officers and court costs, which are allowed, eo nom ine, together with costs. Fertilizer Co. v. Glenn, 48 S. C. 494, 26 S. E. 796; De Cham brun v. Cox, 60 Fed. 479, 9G.GA. 86; Bil~ yeu v. Smith, 18 Or. 335, 22 Pac. 1073.

et discarcare; to charge and discharge; to load and unload. Cowell. DISCARGARE. In old European law. To discharge or unload, as a wagon. Spel man. In Roman law. The argument of a cause by the counsel on both sides. Calvin. The opposite of charge; hence to release; liberate; annul; unburden; disincumber. In the law of contracts. To cancel or unloose the obligation of a contract; to make an agreement or contract null and inopera tive. As a noun, the word means the act or instrument by which the binding force of a contract Is terminated, irrespective of whether the contract is carried out to the full extent contemplated (in which case the discharge is the result of performance) or is broken off before complete execution. Cort v. Railway Co., 17 Q. B. 145; Com. v. Tal bot, 2 Allen (Mass.) 162; Rivers y. Blom, 163 Mo. 442, 63 S. W. 812, Discharge is a generic term; its principal spe cies are rescission, release, accord and satisfac tion, performance, judgment, composition, bank ruptcy, merger, (q. v.) Leake, Cont. 413. As applied to demands, claims, rights of action, incumbrances, etc., to discharge the debt or claim is to extinguish it, to annul its obligatory force, to satisfy it. And here also the term is generic; thus a debt, a mortgage, a legacy, may be discharged by payment or performance, or by any act short of that, lawful in Itself, which the creditor accepts as sufficient. Blackwood v. Brown, 29 ^lich. 484; Rangely v. Spring, 28 Me. 151. To discharge a person Is to liberate him from the binding force of an obligation, debt, or claim. Discharge by operation of law is where the discharge takes place, whether it was intended by the parties or not; thus, if a creditor ap points his debtor his executor, the debt is dis charged by operation of law, because the execu tor cannot have an action against himself. Co. Litt. 2646, note 1; Williams, Ex'rs, 1216; Chit Cont. 714. In civil practice. To discharge a rule, an order, an injunction, a certificate, process of execution, or in general any proceeding in a court, is to cancel or annul it, or to revoke It, or to refuse to confirm its original pro visional force. Nichols v. Chittenden, 14 Colo. App. 49, 59 Pac. 954. To discharge a jury is to relieve them from any further consideration of a cause. This is done when the continuance of the trial is, by any cause, rendered impossible; also when the jury, after deliberation, cannot agree on a verdict. In equity practice. In the process of DISCEPTIO OAUSJB. DISCHARGE.

DISCARCARE. In old English law. To discharge, to unload; as a vessel. Carcare

accounting before a master in chancery, the discharge is a statement of expenses and