\ 
-can thereby be occafioned. 
D1s 
“tenant whofe entry was at firft lawful, a — es 
. detains the pofleflion afterwards. Th 
who hath an eftate-tail, m: ketha larger wens ef the land Ri 
the law al ows him to do (Finch. L. 199.); in which nae 
the eltate is good, fo far as bis power extends who made 
ead no farther. «As if tenant in tail mekes a feoffinent i 7 
fee “fi mple, or for the life of the feoffee, or in tail: all 
are beyond his power to make, for that by the com- 
mon law extends no farther than to make a Jeafe for his own 
t is an injury, which is termed a 
diftontinuance s—the ancient legal ettate, which ought to 
have furvived to the heir in a being gone, er, at leaf, 
fafpended, and for a while difeontinned. For, in this cafe, 
on the death of the alienors, neither the heir in tail, nor 
they i in remainder, or reverfion, expe&tant on the determina- 
‘tion of the eflate- tail, can enter on and poffefs the lands fo 
alienated. 
wife’s eftate; till t 
28. ene, that no a& cs the hufband 
alone thall work a difcontinuance of, or prejudice, the in- 
heritance or treeho'd of the wife: but that, after his 
or ler heirs may enter on the lands in queftion. 
Po srmerly aifo, if an alienation was made by a fole corpora- 
without oS of the Sala 
i. 194.) But this is a 
ing ee of s Eliz. c. 19, a 
13 Eliz. ¢. 103 a declare all fuch sient ste abfolutel 
Ad, ab initio; and, therefore, : aa ro difcontinuance 
ckft. Comm. book iit. 
difcontinuance may be in five ch 8, viz. by feoffment, fine, 
-recovery, feleafe, and confirmation with warranty. (1 Rep 
e - 
of the on eondiien-s 3 and a his 
death, his heir enters on the feoffee for the condition broken ; 
w the difcontinuance is a and the feme may enter 
noe the heir. Co. Litt. 
DisconTINUANCE of Pa, is when divers things fhould 
be pleaded to a a {uit of aétion, and fome are omitte 
a defendant’s p'ea anfwers to part only, it is a difcontin nuance ; ; 
ake setae by ail dicit, for tha 
if the ares plead over, the 
is difcontinued, i Nelf. Abr. 660, 661. 
- 
10le soon 
1 oe 
Ifa ie feat be difcontinued by the not coming of the 
juttices, the king commonly renews the fame by his writ, 
ISCONTINUANCE of Proce/s is eee ia hd a 
non- foit « ; for, when a plaintiff leaves a chafm ro 
ings of his ca aufe, as by not continuing van ak regularly 
from and time to time, as ought to do, the 
fuit Is Secor, and the defendant is no ee bound to 
aitend ; but the plaintiff mut begin again, by f{uing out a 
new orginal, Saree paying cofts to his antagonilt. An- 
mife of the king, all fuits depending i in his 
i{continued, and the plaintiff was 
y fuin writ from 
& 
‘ 
e defendant no longer bound to attend in con- 
the expence, as well as the 
delay attending this rule of sel a ftatute 1 Edw, Vie - 73 
enaéts, that, by the deat Ring, no action 
continued ; but all procensinss fhall ftand good, as ef the fame 
DIS 
“king had been living. The difcontinuance of an ation i is 
oll, 
not perfect it is entered cn the roll, when it is of record 
Cro. The plaintiff cancot difco aioae ue 
action Praia a eee joined, -and entered ; or, after a ver- 
» dict, or writ of inquiry, without leave of Be court. (Cro. Jac. 
35. Lil. Abr. 473) [t has been ruled, upon a motion 
to difcontinue, that the court may give leave after a {pecial 
verdi€t, which is not ra a and final; but never after a 
general verdi@t. (1 S.Ik. 178. Hardw. 200, 203.) After 
pi gene cannot difcontinue without 
confent of defendant ; for, if the plaintiff will not enter 
up judgm the tae a may. (Salk. 178.) After 
ae aac and allowed, aiccatigue ice may be allowed 
on payment of colts. Paes 440 
Difcontinuance of ae is helped at common law by 
appearance 5 and 32 Hen. VIIT. c. 30. ail dif- 
continvances, mifeentinoaes which agin vane {uit by 
improper precefs, or by piving the party an legal day and 
neglizenée the eae are cured after verdil, See AmEND- 
MINT. 
DISCORD, in 2fufc, isa found which, whea firnck’ 
with another in counterpoint, is difagreable tothe ear. See 
CounTERPOINT 
What renders ee difapreeable to the ear, is their 
always jarring, and we may fay warring with each other, 
and ariiving at the ie forium like two diftin founds, 
though ftruck or founded at the fame inflant 
eral the interval is called a di! fcord, and fometimes 
ach of the founds that form the difcerdant interval. But 
ae any founds that t difagree may be termed difcords, 
that title ae particularsy y belen m8 to that of the two 
which is foreign to the harmony of the bafe, 
There is in nature an infinity of difcards ; bnt though im 
mufic none are admitted, except fuch as belong te the genus 
and key in which the piece 1s compofed, or into which it 
may modulate, and thefe are fpeciiied in the rules of compo. 
fition,— What “ are l 
tion in nature, o y purely arbitrary? 
Sigel sale of eee refides 
common ee | or the harmonies of a fingle for en 
concords are derived from that fource, and it is nature that 
furnifhes this chord. But that is not the cafe with toda 
at leaft with fuch as are admitted in mufic. We perceive, 
wthey are generated; by the progreflion of cou. 
fonant intervals and their diflerences ; but we perceive not the 
phyfical caufe which warrants our ufe of themin the com= 
i Nature points out the origin of fuch: 
harmony as is s grateful to our ears, and when it becomes 
otherwife, we ftop. 
There is a difcord in the 7th divifion of every fring. 
It is not indeed a true 7th; but it is more like that difcord 
than any thirg elfe t 6th ; and it 
is fo equivocal, that it will ferve for either : Pp 
fascial, the 7 ifi e flring will ferve for 
or A x, for both which it ferves on keyed-inftru- 
cd 
- oo 
7 
b 
-t 
pr] 
— 
Dd 
wm 
ons 
cas 
» 
<4 
in) 
, 
Co 
om 
ae 
poe] 
= 
“ 
oh 
° 
ss 
a. 
nm 
1 
ate 
[ayy 
ay 
m 
. 
Now, a s nature gives this kind of 47th to every fundamene 
/ 
: , and $to D, difcords which nature has pointed out, 
not correctly produced. F and G are hkewife the two 
5ths, or 4th and 5th of the key of C; the perfect chords of 
ro) 
which therefore turnifh, with that of the key note C, the 
effential harmony to that and every other ke 
Rouffeau, the refore, not being able to fis ‘4 the origin of 
difcord in nature, or in Rameau’s fyftem, has treated it as a 
Dm 
echanical 
