D I S 
I) I S 
If lands be given to the hufband and wife, and to the 
heirs of their two bodies, and the hufband niaketh a fe- 
.offment in fee, and dieth ; the wife is helped by 32 Hen. 
VIII. c. 28. and fo is the ilfue of both their bodies. 
The hufband is tenant in tail, the remainder to the wife 
in tail, the hufband makes a feoffment in fee; by this, 
the hufband, by the common law, did not only difeonti¬ 
nue his own eftate tail, but his wife’s remainder: but by 
32 Hen.VIII. c. 28. after the death of the hufband with¬ 
out ilfue, the wife may enter by the faid aft. Though 
if the hufband hath iffue, and maketh a feoffment in fee 
of his wife’s land, and his wife dieth; the heir of the 
wife (hall not enter during the hufband’s life, neither by 
the common law nor by the ffutute. 1 Lift. 326. A di(- 
continuance may be defeated, where the elfate that worked 
it is defeated : as if a hufband make a feoffment of the 
wife’s land upon condition, and after his death his heir 
enters on the feoffee for the condition'broken ; now the 
difcontinuance is defeated, and the feme may enter upon 
the heir. Co. Lit. 336. 
Discontinuance of Plea, is where divers things 
fhould be pleaded to, and fome are omitted ; this is a dif¬ 
continuance. 1 Nelf. Abr. 660. If a defendant’s plea be¬ 
gin with an anfwer to part, and anfwers no more, it is a 
difcontinuance; and the plaintiff may take judgment by 
nil dicit y for what is not anfwered : but if the plaintiff 
plead over, the whole aftion is difeontinued. 1 Salk. 139. 
Debt upon bond of five hundred pounds, the defendant 
as to two hundred and twenty-five pounds, part of it, 
pleads payment, &c. and upon demurrer to this plea, it 
was adjudged that there being no anfwer to the refidue, 
it is a difcontinuance as to that, for which the plaintiff 
ought to take judgment by nil dicit. 1 Salk. 180. Where 
no anfwer is given to one part, if the plaintiff pleads 
thereto, he cannot have judgment according to his de¬ 
claration ; for which reafon it may be a difcontinuance 
of the whole. But this is helped after verdidt by 32 
Hen.VI 11 . c. 30. 
Discontinuance of Process, is fomewhat fimilar 
to a nonfuit; for when a plaintiff leaves a chafm in the 
proceedings of his caufe; as by not. continuing the pro- 
cefs regularly from day to day, and time to time, as he 
ought to do, the fuit is difeontinued ; and the defendant 
is no longer bound to attend ; but the plaintiff muff be¬ 
gin again by fuing out a new original, ufually paying 
cods to his antagoniff. Anciently by the demile of the 
king, all fuits depending in his courts were at once dif¬ 
eontinued ; but to prevent the expence as well as delay 
attending this rule of law, 1 Edw. VI. c. 7. enadts that 
no adtion fhall be difeontinued by fuch death of the king. 
The continuance of the fuit by improper procefs, or by 
giving the party an illegal day, is properly a mifeonti- 
ntiance. Where an action is long depending, and conti¬ 
nued from one term to another, the continuances muff be 
alb entered, otherwife there will be a difcontinuance ; 
whereupon a writ of error may be brought, &c. 1 Nelf. 
Abr. 66 o. If the plaintiff in a fuit doth nothing, it is a 
difcontinuance, and he mult begin his fuit again : and 
where it is too late to amend a declaration, &c. or the 
plaintiff isadvifed to profecute in another court, he is to 
difeontinue his fuit, and proceed de novo. But a difcon¬ 
tinuance of an aiStion is not perfedt till it is entered on the 
roll, when it is of record. Cro. Car. 236. 
The plaintiff cannot difeontinue his adtion after a de¬ 
murrer joined, and entered; or after a verdidt, or a writ 
of inquiry, without leave of the court. Cro. Jac. 35. In 
actions of debt or covenant, after a demurrer joined, the 
court will give leave to difeontinue, if there be any ap¬ 
parent cattle, as if the plaintiff through his own negli¬ 
gence is in danger of lofing his debt : but if the demur¬ 
rer be argued, then he fliall not have leave to difeontinue ; 
nor where he brings another action for the fame caufe, 
and this is pleaded in abatement of the firft adlion. Sid. 
84. It has been ruled, upon a motion to difeontinue, that 
the court may give leave after affpecial verdidt; which is 
S Q7 
not complete and final ; but never altera general verdict. 
1 Salk. 178. So after enquiry executed and returned. 
Carth. 8 1. 
After iffue and a verdi-dt, plaitjtiff cannot difeontinue 
without confent of defendant, for if plaintiff will not en-* 
ter up judgment, defendant may. Salk. 178. After de¬ 
murrer argued and allowed, difcontinuance may be al¬ 
lowed on payment of cods. And where a man hath a 
juft caufe of action, for a matter of any confequence, and 
unadvifedly demurs to a plain bar, &c. and defendant 
joins in demurrer, and it is argued, and the court are of 
opinion the plea is good in law, though it may be falfe 
in fadt, the court will, even after giving their opinions, 
but before judgment given, on motion, permit the plain¬ 
tiff to withdraw his demurrer, on payment of cofts, and 
take iffue. The plaintiff may, if he fees occalion, dif¬ 
eontinue before or after declaration delivered by a fide 
bar rule on payment of cofts N. on R. Mich. 10 Geo. II. 
But in replevin the avowant cannot have fuch rule. 
An appeal may as well be difeontinued by the defedt 
of the procefs or proceeding in it, as it may be by the 
infufficiency of the original writ, &c. For by fuch de¬ 
fedt, the matter depending is as it were out of court, x 
Lill. 473. A difcontinuance or mifcontinuance, at com¬ 
mon law, reverfes a judgment given by default; and dif¬ 
continuance upon a demurrer is error; but a mifcontinu¬ 
ance after appearance is not fo. 4 6 Edw. III. 30. Dif¬ 
continuance of procefs is helped at common law by ap¬ 
pearance ; and by 32 Hen. VIII. c. 30. all difeontinu- 
ances, mifcontinuances, and negligencies therein, of plain¬ 
tiff or defendant, are cured after verdidt. 
DISCONTINUA'TION, f Difruption of continuity ; 
breach of union of parts; difruption;' feparation.—Up¬ 
on any dfcontinuation. of parts,- made either by bubbles, 
or by (baking the glafs, the whole mercury falls. Newton. 
To DISCONTI'NUE, v. n. [difeontinner, Fr.] To lo!e 
the cohelion of pa'rts; to fuffer feparation or difruption 
of fubftance.—All bodies, dudtile and tenfile, as metals, . 
that will be drawn into wires ; wool and tow, that will be 
drawn into yarn, or thread ; have in them the appetite of 
not dfcontinuing ftrong, which maketh them follow the 
force that pulleth them out, and yet fo as not to difeontinue 
or forfake their own body. Bacon. —To lofe an eitublifhed 
or preferiptive cuftom or right.—Thyfelf (halt difeontinue 
from thine heritage that I gave thee, and I will caufe 
thee to ferve thine enemies. Jer. 
To DISCONTI'NUE, v. a. To leave off; to ceafe any 
practice or habit.—Examine thy cuftoms of diet, deep, 
exercife, apparel, and the like ; and try, in any thou (halt 
judge hurtful, to difeontinue it by little and little ; but fo, 
as if thou find any inconvenience by the change, thou 
come back to it again. Bacon. —To break off; to inter¬ 
rupt.—There is that property, in all letters) of aptnefs 
to be conjoined in fyllables and words, through the vo¬ 
luble motions of the - organs from one (top or figure to ano¬ 
ther, that they modify and diferiminate the voice, with¬ 
out appearing to difeontinue it. Holder. 
DISCONTINU'ITY, , f. Difunity of parts; want of 
cohelion.—That difeontinuity of parts is the principal 
caufe of the opacity of bodies, will appear by conlider- 
ing that opaque fubftances become tranfparent by filling 
their pores with any fubftance of equal, or aimoft equal, 
denlity with their parts. Newton. 
DISCONTIN'UOUS, adj. Not much ufed. Parted; dif¬ 
eontinued ; broken off. Scott. 
DISCONVE'NIENCE,y. Incongruity; difagreement; 
oppofition of nature.—Fear arifeth many times out of 
natural antipathies of nature; but, in thefe difconvcr.itncies 
of nature, deliberation hath no place at all. Bramhall. 
DIS'CORD, f. \_difcordia , Lat.] Difagreement; op¬ 
pofition; mutual anger; reciprocal oppugnancy.—He is 
a falfe witnefs that fpeaketh lies, and that foweth difeord 
among brethren. Proverbs, 
Difeord! dire filler of the (laughtcr’d pow’r, 
Small at her birth, but rifing ev’ry hour; 
While 
