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Disability

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

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 privileges or powers of free action, 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 senses, as when it signifies an impediment to marriage, or the restraints placed upon clergymen by reason of their spiritual avoecations. Mozley & Whitley. 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 Disability is also either personel or absofufe; the former where it attaches to the particnlar person, and arises out of his status, his previous act, ar 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 capacity to contract a marriage, disability is either canonical or civil; a disability of the former class makes the murriage voidable only, while the latter, in general, avoids it entirely.