KFLCC Kingdom Law 2nd Ed.

DISFRANCHISEMENT

376

DISMISSAL

DISFRANCHISEMENT. The act of dis franchising. The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst. no. 192. Richards v. Clarksburg, 30 W. Va. 491, 4 S. K 774; White v. Brownell, 4 Abb. Prac. (N. S.) (N. Y.) 192. It differs from amotion, (q. v.) which is applicable to the removal of an officer from office, leaving him his rights as a member. Willcock, Mun. Corp. no. 708; Ang. & A. Corp. 237. In a more popular sense, the taking away of the elective franchise (that Is, the right of voting in public elections) from any citi zen or class of citizens. DISGAVEL. In English law. To deprive lands of that principal quality of gavelkind tenure by which they descend equally among all the sons of the tenant. 2 Wood. Lect 76; 2 Bl. Comm. 85. DISGRACE. Ignominy; shame; dishon or. No witness is required to disgrace him self. 13 How. State Tr. 17, 334. DISGRADING. In old English law. The depriving of an order or dignity. DISGUISE. A counterfeit habit; a dress Intended to conceal the person who wears it. Webster. Anything worn upon the person with the Intention of so altering the wearer's appear ance that he shall not be recognized by those familiar with him, or that he shall be taken for another person. A person lying in ambush, or concealed be hind bushes, is not in "disguise," within the meaning of a statute declaring the county liable in damages to the next of kin of any one mur dered by persons in disguise. Dale County y. Gunter, 46 Ala. 118, 142. DISHERISON. Disinheritance; depriv ing one of an inheritance. Obsolete. See Abernethy v. Orton, 42 Or. 437, 71 Pac. 327, 95 Am. St Rep. 774. DISHONOR. In mercantile law and usage. To refuse or decline to accept a bill of exchange, or to refuse or neglect to pay a bill or note at maturity. Shelton v. Braith waite, 7 Mees. & W. 436; Brewster v. Arnold, 1 Wis. 276. A negotiable instrument is dishonored when it is either not paid or not accepted, ac cording to Its tenor, on presentment for that purpose, or without presentment where that Is excused. Civ. Code Cal. § 3141. —Notice of dishonor. When a negotiable bill or note is dishonored by nonacceptance on presentment for acceptance, or by non-payment at its maturity, it is the duty of the holder to give immediate notice of such dishonor to the drawer, if it be a bill, and to the indorser, whether it be a bill or note. 2 Daniel, Neg. Inst. § 970. DISINCARCERATE. To set at liberty, to free from prison,

DISINHERISON. In the civil law. The act of depriving a forced heir of the inherit ance which the law gives him. DISINHERITANCE. The act l>y which the owner of an estate deprives a person of the right to inherit the same, who would otherwise be his heir. DISINTER. To exhume, unbury, take out of the grave. People v. Baumgartner, 135 Cal. 72, 66 Pac. 974. DISINTERESTED. Not concerned, in re spect to possible gain or loss, in the result of the pending proceedings; impartial, not biased or prejudiced. Chase v. Rutland, 47 Vt 393; In re Big Run, 137 Pa. 590, 20 Atl. 711; McGilvery v. Staples, 81 Me. 101, 16 Atl. 404; Wolcott v. Ely, 2 Allen (Mass.) 340; Hickerson v. Insurance Co., 96 Tenn. 193, 33 S. W. 1041, 32 L. R. A. 172. —Disinterested witness. One who has no interest in the cause or matter in issue, and who is lawfully competent to testify. Jones v. Larrabee, 47 Me. 474; Warren v. Baxter, 48 Me. 195 ; Appeal of Combs, 105 Pa. 155; State T. Easterlin, 61 S. C. 71, 39 S. E. 250. DISJUNCTIM. Lat In the civil law. Separately; severally. The opposite of con junctim, (q. v.) Inst. 2, 20, 8. DISJUNCTIVE ALLEGATION. A statement in a pleading or indictment which expresses or charges a thing alternatively, with the conjunction "or;" for instance, an averment that defendant "murdered or caus ed to be murdered," etc., would be of this character. DISJUNCTIVE TERM. One which is placed between two contraries, by the affirm ing of one of which the other is taken away; it Is usually expressed by the word "or." DISMES. Tenths; tithes, (q. v.) The original form of "dime," the name of the American coin. DISMISS. To send away; to discharge; to cause to be removed. To dismiss an ac tion or suit is to send it out of court without any further consideration or hearing. Bos ley v. Bruner, 24 Miss. 462; Taft v. Northern Transp. Co., 56 N. H. 417; Goldsmith v. Smith (OV C.) 21 Fed. 614. DISMISSAL. The dismissal of an action, suit motion, etc., is an order or judgment finally disposing of it by sending it out of court, though without a trial of the issues in volved. Frederick v. Bank, 106 111. 149; Dowling v. Polack, 18 Cal. 627; Brackenrldge v. State, 27 Tex. App. 513, 11 S. W. 630, 4 L. R. A. 360. —Dismissal agreed. A dismissal entered in accordance with the agreement of the parties, amounting to an adjudication of the matters in dispute between them or to a renunciation by the complainant of the claims asserted in hi*