英文法律词典 D-73

DISPARAGEMENT¹. An injury by union or comparison with some person or thing of inferior rank or excellence²; as, while the infant was in ward³, by the English law, the guardian⁴ had the power of tendering him a suitable match without disparagement. 2 Bl. Com. 70.

TO DISPAUPER, Eng. law. To deprive a person of the privilege of suing in forma pauperis. (q. v.)

2. When a person has been admitted to sue in forma pauperis, and, before the suit is ended, it appears that the party. has become the owner of a sufficient estate real or personal, or has been guilty of some wrong, he may be dispaupered.

DISPENSATION. A relaxation⁵ of law for the benefit or advantage of an individual. In the United States, no power exists, except in the legislature, to dispense⁶ with law, and then it is not so much a dispensation as a change of the law.

TO DISPONE, Scotch⁷ law. This is a technical word, which implies, it is said, a transfer of feudal⁸ property by a particular deed, and is not equivalent to the term alienate⁹; but Lord Eldon says, "with respect to the word dispone, if I collect the opinions of a majority of the judgcs rightly, I am of opinion that the word dispone would have the same effect as the word alienate.) (q. v.) Sandford on Entails¹⁰, 179, note.

DISPOSITION¹¹, French law. This word has several accept-ations; sometimes it signifies the effective marks of the will of some person; and at others the instrument containing those marks.

2. The dispositions¹² of man make the dispositions of the law to cease; for example, when a man bequeaths his estate, the disposition he makes of it, renders the legal disposition of it, if he had died intestate, to cease.

DISSEISED pleading. This is a word with a technical meaning, which, when inserted in an indictment¹³ for forcible entry and detainer, has all the force of the words expelled or unlawfully, for the last is superfluous¹⁴, and the first is implied in the word disseised. 8 T. R. 357; Cro. Jac. 32; vide 3 Yeates' R. 39; S. C. 4 Dall. Rep. 212.

DISSEISEE, torts. One who is wrongfully put out of possession of his lands.

DISSEISIN, torts. The privation of seisin. It takes the seisin or estate from one man and places it in another. It is an ouster of the rightful owner from the seisinor estate in the land, and the coinmencement of a new estate in the wrong doer. It may be by abatement¹⁵, intrusion, discontinuance, or deforcement, as well as by disseisin, properly so called. Every dispossession is not a disseisin. A disseisin, properly so called, requires an ouster of the freehold. A disseisin at election is not a disseisin in fact; 2 Prest. Abs. tit. 279, et seq.; but by admission only of the injured party, for the purpose of trying his right in a real action. Co. Litt. 277; 3 Greenl. 316; 4 N. H. Rep. 371; 5 Cowen, 371; 6 John. 197; 2 Fairf. 309, 2 Greenl. 242; 5 Pet. 402; 6 Pick. 172.

2. Disseisin may be effected either in corporeal¹⁶ inheritances, or incorporeal¹⁷. Disseisin of things corporcal, as of houses, lands, &c., must be by entry and actual dispossession of the freehold; as if a man enters, by force or fraud, into the house of another, and turns, or at least, keeps him or his servants out of possession. Disseisin of incorporeal hereditaments cannot be an actual dispossession, for the subject itself is neither capable of actual bodily possession nor dispossession. 3 B1. Com. 169, 170. See 15 Mass. 495 6 John. R. 197; 2 Watts¹⁸, 23; 6 Pick. 172 1 Verm. 155; 11 Pet. R. 41; 10 Pet. R. 414; 14 Pick. 374; 1 Dana's R. 279; 2 Fairf. 408; 11 Pick. 193; 8 Pick. 172; 8 Vin. Ab. 79; 1 Swift's Dig. 504; 1 Cruise, *65; Arch. Civ. Pl. 12; Bac. Ab. h. t.; 2 Supp. to Ves. Jr. 343; Dane's Ab. Index, h. t.; 1 Chit. Pr. 374, note (r.)