Blacks Law Dict. 1st ed

371

DISABILITY

DISCHARGE

Disability is also either personal or abso lute; the former where it attaches to the par ticular person, and arises out of his status, his previous act, or his natural or juridical incapacity; the latter where it originates with a particular person, but extends also to his descendants or successors. Considered with special reference to the ca pacity to contract a marriage, disability is ei ther canonical or civil; a disability of the former class makes the marriage voidable only, while the latter, in general, avoids it entirely. DISABLE. In its ordinary sense, to dis able is to cause a disability, (g. v.) In the old language of pleading, to disa ble is to take advantage of one's own or an other's disability. Thus, it is "an express maxim of the common law that the party shall not disable himself;" but "this disabil ity to disable himself • • * is person al." 4 Coke, 1236. DISABLING STATUTES. These are acts of parliament, restraining and regulat ing the exercise of a right or the power of alienation; the term is specially applied to 1 Eliz. c. 19, and similar acts restraining the power of ecclesiastical corporations to make leases. DISADVOCABE. To deny a thing. DISAFFIRM. To repudiate; to revoke a consent once given; to recall an affirmance. To refuse one's subsequent sanction to a for mer act; to disclaim the intention of being bound by an antecedent transaction. DISAFFIRMANCE. The repudiation of a former transaction. The refusal by one who has the right to refuse, (as in the case of a voidable contract,) to abide by his for mer acts, or accept the legal consequences of the same. It may either be "express" (in words) or "implied" from acts expiessing the intention of the party to disregard the obligations of the contract. DISAFFOREST. To restore to their for mer condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 416. DISAGREEMENT. The refusal by a grantee, lessee, etc., to accept an estate, lease, etc., made to him; the annulling of a thing that had essence before. No estate can be vested in a person against his will. Conse quently no one can become a grantee, etc., without his agreement. The law implies

such an agreement until the contrary is shown, but his disagreement renders the grant, etc., inoperative. Wharton, DISALT. To disable a person. DISAPPROPRIATION. This is where the appropriation of a benefice is severed, either by the patron presenting a clerk or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 385. DISAVOW. To repudiate the unauthor ized acts of an agent; to deny the authority by which he assumed to act. DISBAR. In England, to deprive a bar rister permanently of the privileges of his position; it is analogous to striking an attor ney off the rolls. In America, the word de scribes the act of a court in withdrawing from an attorney the right to practise at its bar. DISBOCATIO. In old English law. A conversion of wood grounds into arable or pasture; an assarting. Cowell. See ASSART. DISBURSEMENTS. Money expended by an executor, guardian, trustee, etc., for the benefit of the estate in his hands, or in connection with its administration. The term is also used under the codes of civil procedure, to designate the expenditures necessarily made by a party in the progress of an action, aside from the fees of officers and court costs, which are allowed, eo nom ine, together with costs. DISCARCARE. In old English law. To discharge, to unload; as a vessel. Car care et discarcaie; to charge and discbarge; to load and unload. Cowell. DISCARGARE. In old European law. To discharge or unload, as a wagon. Spel man. DISCEPTIO CAUSJE. In Roman law. The argument of a cause by the counsel on both sides. Calvin. DISCHARGE. The opposite of charge; hence to release; liberate; annul; unburden; disincumber. In the law of contracts. To cancel or unloose the obligation of a contract; to make an agreement or contract null and inopera tive. As a noun, the word means the act oi instrument by which the binding force of a contract is terminated, irrespective of whether the contract is carried out to the full extent contemplated (in which case the

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