Discontinuance - Definition - Law Dictionary Home Dictionary Definition discontinuance

Definition :

Discontinuance, an interruption or breaking off. This happened when he who had an estate-tail made a larger estate of the land than by law he was entitled to do; in which case the estate was good, so far as his power extended to make it, but no further, Finch, L. 190; 1 Rep. 44. The learning relative to discontinuances has now become of no account, as far as future transactions are concerned, not merely inconsequence of the abolition of fines, but by the effect of the Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), which provides (s. 39) that no discontinuance shall thereafter avail to take away the right of entry.

Discontinuance by the plaintiff in an action in the High Court is governed by R. S. C., Ord. XXVI.; and in the county Court by C. C. Rules, Ord. IX. In either Court there must be notice in writing (of which there are prescribed forms, which, though not compulsory, it is desirable to use), which in the county Court is to be given by post or otherwise to the registrar, and to every party as to whom the plaintiff desires to discontinue.

R.S.C., Ord. XXVI., gives the only mode of discontinuance, Fox v. Star, etc., Co., 1900 AC 19, and requires the leave of the Court or judge after an early stage. Rule 1 of the Order empowers the Court or a judge to allow discontinuance by a defendant