Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

DISABILITY

The want of legal ability or capacity to exercise legal rights, eitherspecial or ordinary, or to do certain acts with proper legal effect or to enjoy certainprivileges or powers of free action.

DISABLE

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,

DISABLING STATUTES

These are acts of parliament, restraining and regulating theexercise of a right or the power of alienation; the terra is specially applied to 1 Eliz. c.19, and similar acts restraining the power

DISAFFIRM

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 beingbound by an antecedeut transaction.

DISAFFIRMANCE

The repudiation of a former transaction. The refusal by one whohas the right to refuse, (as in the case of a voidable contract,) to abide by his formeracts, or accept the legal

DISAFFOREST

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

DISAGREEMENT

Difference of opinion or want of uniformity or concurrence ofviews; as, a disagreement among the members of a jury, among the judges of a court,or between arbitrators. Darnell v. Lyon, S5 Tex.

DISAPPROPRIATION

In ecclesiastical law. This is where the appropriation of abenefice is severed, either by the patron presenting a clerk or by the corporation whichhas the appropriation being dissolved. 1 Bl. Comm. 385.

DISAVOW

To repudiate the unauthorized acts of an agent; to deny the authority bywhich he assumed to act.

DISBAR

In England, to deprive a barrister permanently of the privileges of hisposition; it is analogous to striking an attorney off the rolls. In America, the word describesthe act of a court in

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 thebenefit of the estate in his hands, or in connection with its administration.The term is also used under the codes of civil procedure,

DISCARCARE

In old English law. To discharge, to unload; as a vessel. Carcareet disearcare; to charge and discharge; to load and unload. Cowell.

DISCARGARE

In old European law. To discharge or unload, as a wagon. Spelman.

DISCEPTIO CAUS

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 makean agreement or contract null and

DISCLAIMER

The repudiation or renunciation of a right or claim vested in a personor which he had formerly alleged to be his. The refusal, waiver, or denial of an estate orright offered to

DISCLAMATION

In Scotch law. Disavowal of tenure; denial that one holds lands of another. Bell.

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