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American Dictionary of the English Language

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Discontinuance


DISCONTINUANCE, noun [See Discontinue.]

1. Want of continuance; cessation; intermission; interruption of continuance; as a discontinuance of conversation or intercourse.

2. Want of continued connection or cohesion of parts; want of union; disruption.

3. In law, a breaking off or interruption of possession, as where a tenant in tail makes a feoffment in fee-simple, or for the life of the feoffee, or in tail, which he has not power to do; in this case, the entry of the feoffee is lawful, during the life of the feoffor; but if he retains possession after the death of the feoffor, it is an injury which is termed a discontinuance the legal estate of the heir in tail being discontinued, till a recovery can be had in law.

4. discontinuance of a suit, is when a plaintiff leaves a chasm in the proceedings in his cause, as by not continuing the process regularly from day to day; in which case the defendant is not bound to attend. Formerly the demise of the king caused a discontinuance of all suits; but this is remedied by statute 1. Ed. VI.