KFLCC Kingdom Law 2nd Ed.

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DIRECTION

DISAFFIRMANCE

or Involved In the case, to be by them ap plied to the facts in evidence. 3. The clause of a bill in equity containing the address of the bill to the court An of ficer 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 con sent of the senate. or elected according to law, authorized to man age and direct the affairs of a corporation or company. The whole of the directors col lectively form the board of directors. Brandt T. Godwin (City Ct) 3 N. Y. Supp. 809; May nard v. Insurance Co., 34 Cal. 48, 91 Am. Dec 672; Pen. Code N. Y. 1903, § 614; Rev. St Tex. 1895, art 3096a; Ky. St 1903, § 575. DIRECTORY. A provision in a statute, rule of procedure, or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obliga tory force, and Involving no invalidating con sequence for its disregard; as opposed to an Imperative or mandatory provision, which must be followed. The general rule is that the prescriptions of a statute relating to the performance of a public duty are so far directory that, though neglect of them may be punishable, yet it does not affect the va lidity of the acts done under them, as in the case of a statute requiring an officer to pre pare and deliver a document to another offi cer on or before a certain day. Maxw. In terp. St 330, et seq. And see Pearse v. Mor rice, 2 Adol. & El. 94; Nelms v. Vaughan, 84 Va. 696, 5 S. B. 704; State v. Conner, 86 Tex. 133, 23 S. W. 1103; Payne v. Fresco, 4 Kulp (Pa.) 26; Bladen v. Philadelphia, 60 Pa. 466. —Directory trust. Where, by the terms of a trust, the fund is directed to be vested in a par ticular manner till the period arrives at which it is to be appropriated, this is called a "di rectory trust. It is distinguished from a dis cretionary trust, in which the trustee has a dis cretion as to the management of the fund. Deaderick v. Cantrell, 10 Yerg.. 272, 31 Am. Dec. 576. DIRIBITORES. In Roman law. Officers who distributed ballots to the people, to be used In voting. Tayl. Civil Law, 192. DIRIMENT IMPEDIMENTS. In canon law. Absolute bars to marriage, which would make it null ab initio. The want of legal ability or capacity to exercise legal rights, either special or ordinary, or to do certain acts with proper legal effect, or to enjoy certain privi leges or powers of free action. Berkin v. Marsh, 18 Mont 152, 44 Pac. 528, 56 Am. St Rep. 565. DIRECTOR OF THE MINT. DIRECTORS. Persons appointed DISABILITY.

joyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited sense, as when it signifies an impediment to marriage, or the restraints placed upon clergy men by reason of their spiritual avocations. Mozley & Whitley. Classification. Disability is either general or special; the former when it incapacitates the person for the performance of all legal acts of a general class, or giving to them their ordi nary legal effect; the latter when it debars him from one specific act. Disability is also either personal or absolute; the former where it at taches to the particular person, and arises out of his status, his previous act, or his natural or juridical incapacity; the latter where it origi nates with a particular person, but extends also to his descendants or successors. Lord de le Warre's Case, 6 Coke, la; Avegno v. Schmidt, 113 U. S. 293, 5 Sup. Ct. 487, 28 L. Ed. 976. Considered with special reference to the capaci ty to contract a marriage, disability is either canonical or civil; a disability of the former class makes the marriage voidable only, while the latter, in general, avoids it entirely. The term civil disability is also used as equivalent to legal disability, both these expressions mean* ing disabilities or disqualifications created by positive law, as distinguished from physical dis abilities. Ingalls y. Campbell, 18 Or. 461, 24 Pac. 904; Harland v. Territory, 3 Wash. T. 131, 13 Pac. 453; Meeks v. Vassault, 16 Fed. Cas. 1317; Wiesner v. Zaum, 39 Wis. 206; Bauman v. Grubbs, 26 Ind. 421; Supreme Council v. Fairman, 62 How. Prac. (N. Y.) 390. A physical disability is a disability or incapaci ty caused by physical defect or infirmity, or bodily imperfection, or mental weakness or al ienation ; as distinguished from civil disability, whch relates to the civil status or condition of the person, and is imposed by the law. able is to cause a disability, (q. v.) In the old language of pleading, 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 himself;" but "this disability to dis able himself * * * Is personal." 4 Coke, 123&. 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. DISABLE. In its ordinary sense, to dis 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. 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 expressing DISAFFIRMANCE. DISADVOCARE. To deny a thing.

At the present day, disability is generally used to indicate an incapacity for the full en