Legal Term Dictionary

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 obligatory force, and involving no invalidating consequence for its disregard,, as opposed to an imperative or mandatory provision, which must More...

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 obligatory force, and involving no invalidating consequence 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 validity of the acts done under them, as in the case of a statute requiring an officer to prepare and deliver a document to another officer 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. E. 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 particular manner till the period arrives at which it is to be appropriated, this is called a "directory trust" It is distinguished from a discretionary trust, in which the trustee has a discretion as to the management of the fund. Deaderick v. Cant rei 1, 10 Yerg. 272, 31 Am. Dec. 576. Less...

In Roman law. Officers who distributed ballots to the people, to be used in voting. Tayl. Civil Law, 192.

In Roman law. Officers who distributed ballots to the people, to be used in voting. Tayl. Civil Law, 192. Less...

In canon law. Absolute bars to marriage, which would make It null ab initio.

In canon law. Absolute bars to marriage, which would make It null ab initio. Less...

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 en joy. certain privileges or powers of free action. Berkin v. Marsh, 18 Mont. 152, 44 Pac. 528, 56 Am. St Rep. 565. At the More...

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 en joy. certain privileges or powers of free action. Berkin v. Marsh, 18 Mont. 152, 44 Pac. 528, 56 Am. St Rep. 565. At the present day, disability is generally used to indicate an Incapacity for the full enjoyment 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 clergymen by reason of their spiritual avocations. Mozley A 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 ordinary legal effect; the Tatter when it debars him from one specific act. Disability is also either personal or absolute; the former where it attaches to the particular 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. 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 capacity to contract a marriage, disability is either canonical or civil; a disability of tbe 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 meaning disabilities or disqualifications created by positive law, as distinguished from physical disabilities. Ingalls v. Campbell, 18 Or. 461, 24 Pac. 904; Hariand v. Territory, 3 Wash. T. 131, 13 Pac. 453; Meeks v. Vassault 16 Fed. Cas. 1317; Wiesner v. Zaum, 39 Wis. 206; Bauman v. Gmbbs, 26 Ind. 421; Supreme Council v. Fairman, 62 How. Prac. (N. Y.) 390. A physical disability is a disability or Incapacity caused by physical defect or infirmity, or bodily imperfection, or mental weakness or alienation ; as distinguished from civil disability, whch relates to the civil status or condition of the person, and is imposed by the law. Less...

In its ordinary sense, to disable 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 More...

In its ordinary sense, to disable 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 disable himself * * * is personal." 4 Coke, 123b. Less...

These are acts of parliament restraining and regulating 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.

These are acts of parliament restraining and regulating 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. Less...

To deny a thing.

To deny a thing. Less...

To repudiate; to revoke a consent once given; to recall an affirmance. To refuse one's subsequent sanction to a former act; to disclaim the intention of being bound by an antecedent transaction.

To repudiate; to revoke a consent once given; to recall an affirmance. To refuse one's subsequent sanction to a former act; to disclaim the intention of being bound by an antecedent transaction. Less...

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 former acts, or accept the legal consequences of the same. It may either be "express" (in words) or "implied" from acts expressing More...

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 former acts, or accept the legal consequences of the same. It may either be "express" (in words) or "implied" from acts expressing the Intention of the party to disregard the obligations of the contract Less...

To restore to their former condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 BL Comm. 416.

To restore to their former condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 BL Comm. 416. Less...