Thursday, May 26, 2022

Dispone

Dispone (pronounced dis-pohn)

(1) In common law, to convey legal authority to another.

(2) To arrange or set in order; to dispose (obsolete).

(3) In Scots law, legally to assign, make over, grant; to convey land, until 1868 an essential word in any valid conveyance of land in Scotland. 

Circa 1400: A borrowing from French, from the Latin disponĕre (to arrange), second-person singular future passive indicative of dispōnō, the construct being dis- (a prefix from the Middle English dis-, borrowed from Latin dis-, from the primitive Indo-European dwís and used in Latin and beyond as an intensifier of words with negative valence) + pōnō (place, put); pōnō from the Proto-Italic poznō.  In Latin the construct was thus dis- (apart, away) + ponere (to place, put) and the word was used in Roman administrative law to mean "to arrange, distribute, or dispose of".  Over time, disponere evolved in various Romance languages, including Old French and Middle English.

Memories of the First Earl of Eldon, Bedford Square, London.

Dispone was a technical word in Scottish property law which, historically, implied the transfer of feudal property by a particular deed while not being equivalent to the term alienate.  Technical it certainly was and whatever the legal theory, the distinction seems to have had no practical purpose and Lord Eldon (1751-1838; Lord Chancellor 1801-1806 & 1807-1827), eventually clarified things by noting “with respect to the word dispone, if I collect the opinions of a majority of the judges rightly, I am of opinion that the word dispone would have the same effect as the word alienate.”  From that point on, the disponer or maker of the deed “sells and dispones,” or, where the deed was gratuitous, “gives, grants, and dispones,” the subject of the deed to the receiver, who technically was called the disponee.  As verbs the difference between convey and dispone is that convey is to transport; to carry; to take from one place to another while dispone is to convey legal authority to another.  A pone was conceptually similar but did not involve real property.  A pone was a common law writ, from the Anglo-Norman pone and its source, the Late Latin pone, from the Latin pōne, imperative form of pōnere (to place).  It had two forms, (1) a writ used by the superior courts to remove cases from inferior courts and (2) a writ to enforce appearance in court by attaching goods or requiring securities.

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