| 释义 |
discontinuance|dɪskənˈtɪnjuːəns|
Also 4–5 dys-, -tyn-, 4–6 -aunce.
[a. AF. discontinuance, f. F. discontinuer to discontinue: see -ance.]
1. The action of discontinuing or breaking off; interruption (temporary or permanent) of continuance; cessation; intermission.
1398Trevisa Barth. De P.R. viii. xxviii. (1495) 341 Shynynge comyth of lyght wythout mynisshynge of lyght and..wythout dyscontynuaunce therof. 1489Caxton Faytes of A. i. viii. 20 The romayns in lyke wyse..lefte on a tyme thexcercyte of armes, whiche by theyr discontynuaunce they were by hanybal..desconfyted. 1598Barret Theor. Warres iii. i. 31 My fiue or six yeares discontinuance from action. 1603Holland Plutarch's Mor. 651 And not suffer the auncient custome..by use and discontinuance to be utterly neglected. 1726Leoni Alberti's Archit. II. 105/1 At the distance of every hundred foot the line is broken off by a kind of transverse step, which makes a discontinuance in the layer. 1809Wellington in Gurw. Desp. IV. 455 The cause of the discontinuance of the works at Lisbon. 1875Lyell's Princ. Geol. II. iii. xl. 402 A large proportion of them would perish with the discontinuance of agriculture. 1886Willis & Clark Cambridge II. 307 The discontinuance of an external stringcourse.
†b. Solution of continuity, want of cohesion of parts; disruption. Obs.
1626Bacon Sylva §24 If there bee no Remedy, then they [stillicides of water] cast themselues into round Drops; Which is the Figure that saueth the Body most from Discontinuance.
†c. Math. Of proportion: The condition of being discontinued or not continued. Obs.
1570Billingsley Euclid v. def. vii. 131 By reason of the discontinuaunce of the proportions in this proportionalitie.
†2. A (temporary) ceasing to dwell or be present in a place; absence. Obs.
1604R. Cawdrey Table Alph., Discontinuance, absence. 1633Heywood Eng. Trav. iii. Wks. 1874 IV. 59 Hee writes mee heere, That at my discontinuance hee's much grieu'd. a1635Naunton Fragm. Reg. (Arb.) 42 They quote him for a person..of too often recesses, and discontinuance from the Queens presence. 1677S. Herne Domus Carthusiana 188 Their time of discontinuance is usually excepted in the Certificate.
†3. Law. In the old law of real property: An interruption or breaking off of a right of possession, or right of entry, consequent upon a wrongful alienation by the tenant in possession for a larger estate than he was entitled to. Obs.
This could regularly happen only in the case of a feoffment to a stranger by a tenant in tail in possession. The heir in tail had then no right to enter upon the land and turn out the intruder, but had to resort to the expensive course of asserting his title by process of law (Sir F. Pollock Land Laws (ed. 2) 80).
[1304Year-bk. 32–3 Edw. I, 255 (Godef.) L'estatut ne fet mye mencioun de continuaunce ne de discontinuaunce.] 1494Act 11 Hen. VII, c. 20 All such Recoveries, Discontinuances, Alienations..be utterly void. 1574tr. Littleton's Tenures 115 a. 1598Kitchin Courts Leet (1675) 308 A Grant without Livery doth not make a discontinuance. 1768Blackstone Comm. III. 171 The injury of discontinuance. 1892H. W. Challis Law Real Prop. (ed. 2) 79 A discontinuance..was the result of certain assurances which, by the common law, had a tortious operation, whereby, under certain circumstances, one person might wrongfully destroy the estate of another; or rather, interrupt and break off the right of possession, or right of entry, subsisting under that estate, without any assent or laches on the other's part..The word discontinuance properly denotes this turning of an estate to a right of action.
4. Law. The interruption of a suit, or its dismissal, by reason of the plaintiff's omission of formalities necessary to keep it pending.
1540Act 32 Hen. VIII, c. 30. §1 Any miscontinuance or discontinuance or misconueiyng of process. 1607–72Cowell s.v., The effect of Discontinuance of Plea or Process, when the instant is lost, and may not be regained, but by a new Writ to begin the Suit a fresh. 1613Sir H. Finch Law (1636) 431 If the Plaintife do nothing, it is called a discontinuance: if any errour bee in the continuing, as by awarding a Capias where a distresse should bee, it is called a miscontinuance. 1638Sanderson Serm. II. 102 The devil..is an unwearied sollicitor, and will not lose his claim by discontinuance. 1884Law Times Rep. 10 May 322/1 What the plaintiff has done amounts to a discontinuance of his original action. |