Page:Black's Law Dictionary (Second Edition).djvu/379

Rh

or involved in the case. to be by them applied to the facts in evidence.

3. The clause of a hill in equity containing the address of the bill to the court.

An officer having the control, management, and superintendence of the United States mint and its branches. He is appointed by the president, by and with the advice and consent of the senate

Persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Brandt v. Godwin (City Gt.) 3 N. Y. Supp. 809; May- na rd v. Insurance 00., 34 Cal. -1S, 91 Am. Dec. 572; Pen. Code N. Y. 1903. § I314; Rev. St. Tex. 1805. art. 309611; Ky. St. 1903, § 575.

DIRECTORY. A provision in a statute, rule of procedure, or the like, is said to he directory when it is to be considered as a mere direction or instruction of no obligatory force, and involving no invalidating: consequence for its disregard, as opposed to an imperative or mandatory provision, which must he followed. The general rule is that Ihe piescriptions of a statute relating to the iieiformunce of a public duty are so far illieciury that, though neglect of them may be punishable, yet it does not infect the va- lidity of the acts done under them, as in the raise or a statute requiring an officer to prepare and deliver a document to another odicer on or before a certain day. Maxw. Intcrp. St. 330. et seq. And see Pearse v. Morrice, 2 Adol. & Ell. 94: Nelins v. Vaughan, S4 \':i. 696, 5 S. E. 70-}; State v. Conner, 813 Tex. I23. 23 S. W. 1103; Payne v. Fresco. 4 Kulp (R1,) 26; Bladen v. Philadelphia, 60 Pa. 466. —-Directory trust. Where, by the terms of a trust, the fund is iliroctcd to be vested in a ‘ ricular manner till the period arrives at vi it is to be appropriated. this is called a rectory trust." It is distinfruished from a d - imionary trust. in which the trustee has a dis- Ii'42lDI'i as to the management of the fund. v. Cantrell, 10 Yerg. 272, 31 Am.

PC. 31.

DIREITORES. In Roman law. Ofiicers Will) distributed ballots to the people. to be used in voting. Tayl. Civil Law, 192.

DIRIIEINT IMPEDIMENTS. In canon law. Absolute bars to marriige, which would make it null ab initio.

DISABILITY. The want of legal ability or cipacity to exercise legal rights. either special or ordinary, or to do ceitalu acts nith proper legal effect, or to enjoy certain pi'ii.i- icses or powers of free action. Be1'Lin V. Marsh, 18 Mont. 152, 44 Pac. 528, 58 Am. St Rep. 565.

At the priscnt day. rlis'ihiiit_v is generally n<e(l to indicate an incapacity fur the full en-

‘

371

DISAFFIRMANCE

joyment of ordinary legal rights: thus married women. persons under age, insane persons, and frions_cnnvict are mild to be under disabilitv. Sometimes the term is used in a more limited sense, as when it signifies an imgiodimciit to marriage, or the restraints pl.-icnd upon clergy- men by reason of their spiritual avocations. Mozley & VS‘liitley.

Classification. Disability is either general or s1ii;i.~i'al; the former when it incapacitate: the person for the performance of all legal acts of a general clam, or iving to them their ordi- nary legal efikct; the utter when it dcbars him from one specific act. Disiiliility is also (’lIii(‘l' personal or absolute; the former where it attnclics to the particular person, and a ' out of his status. his previous act, or his nut .-ii or juridical inrapacil, the latter where it OFil:l- nates with a paiticular person, but extends also to his descendants nr slicce.<sor.< Loni iln le "'arre’s Case, 8 Coke. la; Aregno v. Schmidt, 113 U. S. '7 3. 5 Sup. Ct. 437. 28 L. Ell. ' 6 Considered uitb special ref nce to the capacity to contract a miirri-1 disability is either canonical or civil; a is. ililv of the former class makes the marriage voidnble only, while the latter. in eenersl, avoids it enti-~ly. The term I-vii.-LI disnhiiitv is also used as equivalent to legal ‘ ability, both these expressions mean- ‘ ties or disqualiiiuitions creatcil by w, as distinguisiied from pliysirvil disinualla v. Cainiiim_ll. 18 O1‘. 4H1, 24

Pac. 904: Harland v. Terrimrv. 3 "lash. '1‘. 13], 13 P16. 433: Meeks v. Viisssult. 16 Fed. Cas. 1317; "'iesner v. Zauin. . Wis. 206: Badman v. Gruhlvs. % Ind. 4 Quprcme

Council v. Fnirman. 62 llow. Prac. (N. Y.) 390. A plig/sical disability is a disability or incapacity caused by |liJVSlCal defect or infirmity. or bodily imperfection, or mental ueakness or al- Ienation: as (listing: led from i,-a.'ml (Li Iiiity. whch relates to the ciiil siu.Ia.i or condition of the person, and is imposed by the law.

DISABLE. In its ordinary sense. to dis- able is to cause a disability, ((1. 1).)

In the old language of ple-idln;;.- to disable is to take advantage of one‘s own or another's disability Thus, it is "an express maxim of the common law that the party shall not disable liinisell':" but "this disability to dis- able hiinself 0 ° ‘ is personal." 4 Coke, 12311.

DISABLING STATUTES. These are acts of parliament, restraining and regulating the exercise of a right or the power of alienation: the term is speciailv applied to 1 Elia. c 19, and similar acts rc:~'h'aiiiuig the power of ecclesiastical corporations to maize leases.

DISADVOCARE. To deny a thing.

DISAFFIRM. To repudiate; to revoke a consent once glienz to recall an nfliriniince. To refuse oiie‘s subsequent salictioii to a former nrt; to (lisclalin the intention of being hound by an antecedent transaction.

DISAFFIRMANCE. The repudiation of 11 former ti'.I.L\sactiun. The refusal by one who has the right to refuse. (as in the case of a voidalile contr wt) to abide by his foriiiei acts, or am ept the legal coiiseijiient-es of the same. It mav either he "express ' (in uords) or "implied" from acts expi

K