KFLCC Kingdom Law 2nd Ed.

DISCONTINUANCE OF AN ESTATE

374

DISCOVERY

just produce its amount. Bank v. Johnson, 104 U. S. 276, 26 L. Ed. 742. Discounting a note and buying it are not iden tical in meaning, the latter expression being used to denote the transaction when the seller does not indorse the note, and is not accounta ble for it. Bank v. Baldwin, 23 Minn. 206, 23 Am. Rep. 683. In practice. A set-off or defalcation in an action. Vin. Abr. "Discount" But see Trabue's Ex'r v. Harris, 1 Mete. (Ky.) 597. — Discount broker. A bill broker; one who discounts bills of exchange and promissory notes, and advances money on securities. Not married; not subject to the disabilities of a coverture. It applies equally to a maid and a widow. In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisi tion of notice or knowledge of given acts or facts; as, in regard to the "discovery" of fraud affecting the running of the statute of limitations, or the granting of a new trial for newly "discovered" evidence. Francis v. Wallace, 77 Iowa, 373, 42 N. W. 323; Parker v. Kuhn, 21 Neb. 413, 32 N. W. 74, 59 Am. Rep. 852; Laird v. Kilbourne, 70 Iowa, 83, 30 N. W. 9; Howton v. Roberts,'49 S. W. 340, 20 Ky. Law Rep. 1331; Marbourg v. Mc Cormick, 23 Kan. 43. In international law. As the founda tion for a claim of national ownership or sovereignty, discovery is the finding of a country, continent, or island previously un known, or previously known only to its un civilized inhabitants. Martin v. Waddell, 16 Pet 409, 10 L. Ed. 997. In patent law. The finding out some sub stance, mechanical device, improvement or application, not previously ,known. In re Kemper, 14 Fed. Cas. 287; Dunbar r. Mey ers, 94 U. S. 197, 24 L. Ed. 34. Discovery, as used in the patent laws, depends upon invention. Every invention may, in a cer tain sense, embrace more or less of discovery, for it must always include something that is new; but it by no means follows that every discovery is an invention. Morton v. Infirmary, 5 Blatchf. 121, Fed. Cas. No. 9,865. In practice. The disclosure by the de fendant of facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party seeking the discovery as a part of a cause or action pending or to be brought in another court, or as evidence of "his rights or title in such proceeding. Tucker v. U. S., 151 U. S. 164, 14 Sup. Ct 299, 38 L. Ed. 112; Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14. Also used of the disclosure by a bankrupt of his property for the benefit of creditors. In mining law. As the basis of the right to locate a mining claim upon the public domain, discovery means the finding of min eralized rock in place. Migeon v. Railroad DISCOVERT. DISCOVERY.

of the plaintiffs declaration, and the plain tiff omits to take judgment for the part un answered. Steph. PI. 216,217. DISCONTINUANCE OF AN ESTATE. The termination or suspension of an estate tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do. 2 Bl. Comm. 275; 3 Bl. Comm. 171. An alienation made or suffered by tenant in tail, or by any that is seised in auter droit, where by the issue in tail, or the heir or successor, or those in reversion or remainder, are driv en to their action, and cannot enter. Co. Litt 325a. The cesser of a seisin under an estate, and the acquisition of a seisin under a new and necessarily a wrongful title. Prest Merg. c. ii. Discontinnare nihil alind significat quant intermittere, desuescere, inter rumpere. Co. Litt. 325. To discontinue signifies nothing else than to intermit, to disuse, to Interrupt Occasional; inter mittent; characterized by separate repeated acts; as, discontinuous easements and servi tudes. See EASEMENT. DISCONTINUOUS. DISCOUNT. In a general sense, an al lowance or deduction made from a gross sum on any account whatever. In a more limited and technical sense, the taking of interest in advance. By the language of the commercial world and the settled practice of banks, a discount by a bank means a drawback or deduction made upon its advances or loans of money, upon negotiable paper or other evidences of debt payable at a future day, which are transferred to the bank. Fleckner v. Bank, 8 Wheat 338, 5 I* Ed. 631; Bank v. Baker, 15 Ohio St 87. Although the discounting of notes or bills, in its most comprehensive sense, may mean lending money and taking notes in payment, yet, in its more ordinary sense, the discounting of notes or bills means advancing a consideration for a bill or note, deducting or discounting the interest which will accrue for the time the note has to run. Loan Co. v. Towner, 13 Conn. 249. Discounting by a bank means lending money upon a note, and deducting the interest or pre mium in advance. Bank v. Bruce, 17 N. Y. 507; State v. Sav. Inst., 48 Mo.189. The ordinary meaning of the term "to dis count" is to take interest in advance, and in banking is a mode of loaning money. It is the advance of money not due till some future peri od, less the interest which would be due there on when payable. Weckler v. Bank, 42 Md. 592, 20 Am. Rep. 95. Discount as we have seen, Is the difference between the price and the amount of the debt the evidence of which is transferred. That dif ference represents interest charged, being at the same rate, according to which the price paid, if invested until the maturity of the debt will DISCONVENABIiE. I* FT. Improper; unfit Kelham.