KFLCC Kingdom Law 2nd Ed.

378

DISRATE

DISPENSATION

DISPOSSESS PROCEEDINGS. Sum mary process by a landlord to oust the ten ant and regain possession of the premises for non-payment of rent or other breach of the conditions of the lease. Of local origin and colloquial use in New York. Ouster; a wrong that carries with it the amotion of posses sion. An act whereby the wrong-doer gets the actual occupation of the land or heredita ment. It includes abatement, intrusion, dis seisin, discontinuance, deforcement. 3 BL Comm. 167. DISPROVE. To refute; to prove to be false or erroneous; not necessarily by mere denial, but by affirmative evidence to the contrary. Irsch v. Irsch, 12 N. Y. Civ. Proc. R. 182. 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. DISPUTATIO FORI. In the civil law. Discussion or argument before a court Mackeld. Rom. Law, § 38; Dig. 1, 2, 2, 5. DISPUTE. A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other. Slaven v. Wheeler, 58 Tex. 25; Keith v. Levi (C. C.) 2 Fed. 745; Ft. Pitt Gas Co. v. Borough of Sewickley, 198 Pa. 201, 47 Atl. 957; Railroad Co. v. Clark, 92 Fed. 968, 35 C. O. A. 120. —Disputable presumption. A presumption of law, which may be rebutted or disproved. See PRESUMPTIONS.-— Matter in dispute. The subject df litigation; the matter for which a suit is brought and upon which issue is joined, and in relation to which jurors are called and witnesses examined. Lee v. Watson, 1 Wall. 339, 17 L. Ed. 557; Smith v. Adams, 130 U. S. 167, 9 Sup. Ct 566, 32 L. Ed. 985. To divest or deprive of qualifications; to Incapacitate; to render in eligible or unfit; as, in speaking of the "dis qualification" of a judge by reason of his Interest in the case, of a juror by reason of his holding a fixed preconceived opinion, or of a candidate for public office by reason of non-residence, lack of statutory age, pre vious commission of crime, etc. In re Tyers' Estate, 41 Misc. Rep. 378, 84 N. Y. Supp. 934; In re Maguire, 57 Cal. 606, 40 Am. Rep. 125; Carroll v. Green, 148 Ind. 362, 47 N. E. 223; In re Nevitt, 117 Fed. 448, 54 C. C. A. 622; State v. Blair, 53 Vt 28. In maritime law. To de prive a seaman or petty officer of his "rat ing" or rank; to reduce to a lower rate or rank. DISPOSSESSION. DISQUALIFY. DISRATE.

Pa. 507, 31 Atl. 250; VIele v. Insurance Co., 26 Iowa, 56, 96 Am. Dec. 83. A relaxation of law for the benefit or ad vantage 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 as a change of the law. Bouvier. DISPERSONARE. To scandalize or dis 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. Potter v. Smith, 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. DISPONO. Lat To dispose of, grant, or convey. Disponet, he grants or alienates. Jus disponendi, the right of disposition, i. e., of transferring the title to property. DISPOSE. To alienate or direct the own ership of property, as disposition by will. Used also of the determination of suits. Called a word of large extent. Koerner v. Wilkinson, 96 Mo. App. 510, 70 S. W. 509; Love v. Pamplln (C. C.) 21 Fed. 760; U. S. v. Hacker (D. C.) 73 Fed. 294; Benz v. Fabian, 54 N. J. Eq. 615, 35 Atl. 760; El ston v. Schilling, 42 N. T. 79; Beard v. Knox, 5 Oal. 256, 63 Ani. Dec. 125. DISPOSABLE PORTION. That portion of a man's property which he Is free to dispose of by will to beneficiaries other than his wife and children. By the ancient com mon law, this amounted to one-third of his estate if he was survived by both wife and children. 2 Bl. Comm. 492; Hopkins v. Wright, 17 Tex. 36. In the civil law (by the Lex Falcidia) it amounted to three-fourths. Mackeld. Rom. Law, §§ 708, 771. 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 foy 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.