Chapter 7

Authorities.—General treatises, handbooks,, &c., are J. Mabillon,De re diplomatica(1709); Tassin and Toustain,Nouveau Traité de diplomatique(1750-1765); T. Madox,Formulare Anglicanum(1702); G. Hickes,Linguarum septentrionalium thesaurus(1703-1705); F. S. Maffei,Istoria diplomatica(1727); G. Marini,I Papiri diplomatici(1805); G. Bessel,Chronicon Gotwicense (De diplomatibus imperatorum ac regum Germaniae)(1732); A. Fumagalli,Delle istituzioni diplomatiche(1802); M. F. Kopp,Palaeographia critica(1817-1829); K. T. G. Schönemann,Versuch eines vollstandigen Systems der Diplomatik(1818); T. Sickel,Lehre von den Urkunden der ersten Karolinger(1867); J. Ficker,Beiträge zur Urkundenlehre(1877-1878); A. Gloria,Compendio delle lezioni di paleografia e diplomatica(1870); C. Paoli,Programma scolastico di paleografia Latina e di diplomatica(1888-1890); H. Bresslau,Handbuch der Urkundenlehre für Deutschland und Italien(1889); A. Giry,Manuel de diplomatique(1894); F. Leist,Urkundenlehre(1893); E. M. Thompson,Handbook of Greek and Latin Palaeography, cap. xix. (1906); J. M. Kemble,Codex diplomaticus aevi Saxonici(1839-1848); W. G. Birch,Cartularium Saxonicum(1885-1893); J. Muñoz y Rivero,Manuel de paleografia diplomatica Española(1890); M. Russi,Paleografia e diplomatica de’ documenti delle provincie Napolitane(1883). Facsimiles are given in J. B. SilvestrestrePaléographie universelle(English edition, 1850); and in theFacsimiles, &c., published by the Palaeographical Society (1873-1894) and the New Palaeographical Society (1903, &c.); and also in the following works:—A. Champollion-Figeac,Chartes et manuscrits sur papyrus(1840); J. A. Letronne,Diplómes et chartes de l’époque mérovingienne(1845-1866); J. Tardif,Archives de l’Empire: Facsimilé de chartes et diplômes mérovingiens et carlovingiens(1866); G. H. Pettz,Schrifttafeln zum Gebrauch bei diplomatischen Vorlesungen(1844-1869); H. von Sybel and T. Sickel,Kaiserurkunden in Abbildungen(1880-1891); J. von Pflugk-Harttung,Specimina selecta chartarum Pontificum Romanorum(1885-1887);Specimina palaeographica regestorum Romanorum pontificum(1888);Recueil de fac-similés à l’usage de l’École des Chartes(not published) (1880, &c.); J. Muñoz y Rivero,Chrestomathia palaeographica: scripturae Hispanae veteris specimina(1890); E. A. Bond,Facsimiles of Ancient Charters in the British Museum(1873-1878): W. B. Sanders,Facsimiles of Anglo-Saxon Manuscripts(charters) (1878-1884); G. F. Warner and H. J. Ellis,Facsimiles of Royal and other Charters in the British Museum(1903).

(E. M. T.)

DIPOENUSandSCYLLIS,early Greek sculptors, who worked together, and are said to have been pupils of Daedalus. Pliny assigns to them the date 580b.c., and says that they worked at Sicyon, which city from their time onwards became one of the great schools of sculpture. They also made statues for Cleonae and Argos. They worked in wood, ebony and ivory, and apparently also in marble. It is curious that no inscription bearing their names has come to light.

DIPPEL, JOHANN KONRAD(1673-1734), German theologian and alchemist, son of a Lutheran pastor, was born at the castle of Frankenstein, near Darmstadt, on the 10th of August 1673. He studied theology at Giessen. After a short visit to Wittenberghe went to Strassburg, where he lectured on alchemy and chiromancy, and occasionally preached. He gained considerable popularity, but was obliged after a time to quit the city, owing to his irregular manner of living. He had up to this time espoused the cause of the orthodox as against the pietists; but in his two first works, published under the name “Christianus Democritus,”Orthodoxia Orthodoxorum(1697) andPapismus vapulans Protestantium(1698), he assailed the fundamental positions of the Lutheran theology. He held that religion consisted not in dogma but exclusively in love and self-sacrifice. To avoid persecution he was compelled to wander from place to place in Germany, Holland, Denmark and Sweden. He took the degree of doctor of medicine at Leiden in 1711. He discovered Prussian blue, and by the destructive distillation of bones prepared the evil-smelling product known as Dippel’s animal oil. He died near Berleburg on the 25th of April 1734.

An enlarged edition of Dippel’s collected works was published at Berleburg in 1743. See the biographies by J. C. G. Ackermann (Leipzig, 1781), H. V. Hoffmann (Darmstadt, 1783), K. Henning (1881) and W. Bender (Bonn, 1882); also a memoir by K. Bucher in theHistorisches Taschenbuchfor 1858.

DIPSOMANIA(from Gr.δίψα, thirst, andμανία, madness), a term formerly applied to the attacks of delirium (q.v.) caused by alcoholic poisoning. It is now sometimes loosely used as equivalent to the condition of incurable inebriates, but strictly should be confined to the pathological and insatiable desire for alcohol, sometimes occurring in paroxysms.

DIPTERA(δίς, double,πτερά, wings), a term (first employed in its modern sense by Linnaeus,Fauna Suecica, 1st ed., 1746, p. 306) used in zoological classification for one of the Orders into which theHexapoda, or Insecta, are divided. The relation of the Diptera (two-winged flies, or flies proper) to the other Orders is dealt with underHexapoda(q.v.).

The chief characteristic of the Diptera is expressed in the name of the Order, since, with the exception of certain aberrant and apterous forms, flies possess but a single pair of membranous wings, which are attached to the meso-thorax. Wing-covers and hind-wings are alike absent, and the latter are represented by a pair of little knobbed organs, the halteres or balancers, which have a controlling and directing function in flight. The other structural characters of the Order may be briefly summarized as:—mouth-parts adapted for piercing and sucking, or for suction alone, and consisting of a proboscis formed of the labium, and enclosing modifications of the other usual parts of the mouth, some of which, however, may be wanting; a thorax fused into a single mass; and legs with five-jointed tarsi. The wings, which are not capable of being folded, are usually transparent, but occasionally pigmented and adorned with coloured spots, blotches or bands; the wing-membrane, though sometimes clothed with minute hairs, seldom bears scales; the wing-veins, which are of great importance in the classification of Diptera, are usually few in number and chiefly longitudinal, there being a marked paucity of cross-veins. In a large number of Diptera an incision in the posterior margin of the wing, near the base, marks off a small lobe, the posterior lobe or alula, while connected with this but situated on the thorax itself there is a pair of membranous scales, or squamae, which when present serve to conceal the halteres. The antennae of Diptera, which are also extremely important in classification, are thread-like in the more primitive families, such as theTipulidae(daddy-long-legs), where they consist of a considerable number of joints, all of which except the first two, and sometimes also the last two, are similar in shape; in the more specialized families, such as theTabanidae(horse-flies),Syrphidae(hover-flies) orMuscidae(house-flies, blue-bottles and their allies), the number of antennal joints is greatly reduced by coalescence, so that the antennae appear to consist of only three joints. In these forms, however, the third joint is really a complex, which in many families bears in addition a jointed bristle (arista) or style, representing the terminal joints of the primitive antenna. Although in the case of the majority of Diptera the body is more or less clothed with hair, the hairy covering is usually so short that to the unaided eye the insects appear almost bare; some forms, however, such as the bee-flies (Bombylius) and certain robber-flies (Asilidae) are conspicuously hairy. Bristles are usually present on the legs, and in the case of many families on the body also; those on the head and thorax are of great importance in classification.

Between 40,000 and 50,000 species of Diptera are at present known, but these are only a fraction of those actually in existence. The species recognized as British number some 2700, but to this total additions are constantly being made. As a rule flies are of small or moderate size, and many, such as certain blood-sucking midges of the genusCeratopogon, are even minute; as extremes of size may be mentioned a common British midge,Ceratopogon varius, the female of which measures only 1¼ millimetre, and the giganticMydaidaeof Central and South America as well as certain Australian robber-flies, which have a body 1¾ in. long, with a wing-expanse of 3¼ in. In bodily form Diptera present two main types, either, as in the case of the more primitive and generalized families, they are gnat- or midge-like in shape, with slender bodies and long, delicate legs, or else they exhibit a more or less distinct resemblance to the common house-fly, having compact and stoutly built bodies and legs of moderate length. Diptera in general are not remarkable for brilliancy of coloration; as a rule they are dull and inconspicuous in hue, the prevailing body-tints being browns and greys; occasionally, however, more especially in species (Syrphidae) that mimic Hymenoptera, the body is conspicuously banded with yellow; a few are metallic, such as the species ofFormosia, found in the islands of the East Indian Archipelago, which are among the most brilliant of all insects. The sexes in Diptera are usually alike, though in a number of families with short antennae the males are distinguished by the fact that their eyes meet together (or nearly so) on the forehead. Metamorphosis in Diptera is complete; the larvae are utterly different from the perfect insects in appearance, and, although varying greatly in outward form, are usually footless grubs; those of theMuscidaeare generally known as maggots. The pupa either shows the appendages of the perfect insect, though these are encased in a sheath and adherent to the body, or else it is entirely concealed within the hardened and contracted larval integument, which forms a barrel-shaped protecting capsule or puparium.

Diptera are divided into some sixty families, the exact classification of which has not yet been finally settled. The majority of authors, however, follow Brauer in dividing the order into two sections, Orthorrhapha and Cyclorrhapha, according to the manner in which the pupa-case splits to admit of the escape of the perfect insect. The general characteristics of the pupae in these two sections have already been described.

In the Orthorrhapha, in the pupae of which the appendages of the perfect insect are usually visible, the pupa-case generally splits in a straight line down the back near the cephalic end; in front of this longitudinal cleft there may be a small transverse one, the two together forming a T-shaped fissure. In the Cyclorrhapha on the other hand, in which the actual pupa is concealed within the hardened larval skin, the imago escapes through a circular orifice formed by pushing off or through the head end of the puparium. The Diptera Orthorrhapha include the more primitive and less specialized families such as theTipulidae(daddy-long-legs),Culicidae(gnats or mosquitoes),Chironomidae(midges),Mycetophilidae(fungus-midges),Tabanidae(horse-flies),Asilidae(robber-flies), &c. The Diptera Cyclorrhapha on the other hand consist of the most highly specialized families, such as theSyrphidae(hover-flies),Oestridae(bot and warble flies), andMuscidae(sensu latiore—the house-fly and its allies, including tsetse-flies, flesh-flies,Tachininae, or flies the larvae of which are internal parasites of caterpillars, &c). It is customary to divide the Orthorrhapha into the two divisions Nematocera and Brachycera, in the former of which the antennae are elongate and in a more or less primitive condition, as described above, while in the latter these organs are short, and, as already explained, apparently composed of only three joints.

Within the divisions named—Orthorrhapha Nematocera, Orthorrhapha Brachycera and Cyclorrhapha—the constituent families are usually grouped into a series of “superfamilies,”distinguished by features of structure or habit. Certain extremely aberrant Diptera, which, in consequence of the adoption of a parasitic mode of life, have undergone great structural modification, are further remarkable for their peculiar mode of reproduction, on account of which the families composing the group are often termed Pupipara. In these forms the pregnant female, instead of laying eggs, as Diptera usually do, or even producing a number of minute living larvae, gives birth at one time but to a single larva, which is retained within the oviduct of the mother until adult, and assumes the pupal state immediately on extrusion. The Pupipara are also termed Eproboscidea (although they actually possess a well-developed and functional proboscis), and by some dipterists the Eproboscidea are regarded as a suborder and contrasted as such with the rest of the Diptera, which are styled the suborder Proboscidea. By other writers Proboscidea and Eproboscidea are treated as primary divisions of the Cyclorrhapha. In reality, however, the families designated Eproboscidea (Hippoboscidae,Braulidae,NycteribiidaeandStreblidae), are not entitled to be considered as constituting either a suborder, or even a main division of the Cyclorrhapha; they are simply Cyclorrhapha much modified owing to parasitism, and in view of the closelysimilarmode of reproduction in the tsetse-flies the special designation Pupipara should be abandoned. Before leaving the subject of classification it may be noted in passing that in 1906 Professor Lameere, of Brussels, proposed a scheme for the classification of Diptera which as regards both the limits of the families and their grouping into higher categories differs considerably from that in current use.

Little light on the relationship and evolution of the various families of Diptera is afforded by fossil forms, since as a rule the latter are readily referable to existing families. With the exception of a few species from the Solenhofen lithographic Oolite, fossil Diptera belong to the Tertiary Period, during which the members of this order attained a high degree of development. In amber, as proved by the deposits on the shores of the Baltic, the proverbial “fly” is more numerous than any other creatures, and with very few exceptions representatives of all the existing families have been found. The famous Tertiary beds at Florissant, Colorado, have yielded a considerable numberofremarkably well-preservedTipulidae(in which family are included the most primitive of existing Diptera), as also species belonging to other families, such asMycetophilidaeand evenOestridae.

Diptera as an order are probably more widely distributed over the earth’s surface than are the representatives of any similar division of the animal kingdom. Flies seem capable of adapting themselves to extremes of cold equally as well as to those of heat, and species belonging to the order are almost invariably included in the collections brought back by members of Arctic expeditions. Others are met with in the most isolated localities; thus the Rev. A. E. Eaton discovered on the desolate shores of Kerguelen’s Island apterous and semi-apterous Diptera (TipulidaeandEphydridae) of a degraded type adapted to the climatic peculiarities of the locality. Many bird parasites belonging to theHippoboscidaehave naturally been carried about the world by their hosts, while other species, such as the house-fly, blow-fly and drone-fly, have in like manner been disseminated by human agency. Most families and a large proportion of genera are represented throughout the world, but in some cases (e.g.Glossina—seeTsetse-Fly) the distribution of a genus is limited to a continent. As a rule the generalfaciesas well as dimensions are remarkably uniform throughout a family, so that tropical species often differ little in appearance from those inhabiting temperate regions. Many instances of exaggerated and apparently unnatural structure nevertheless occur, as in the case of the generaPangonia,Nemestrina,Achias,Diopsisand the familyCelyphidae, and, as might be expected, it is chiefly in tropical species that these peculiarities are found. To a geographical distribution of the widest extent, Diptera add a range of habits of the most diversified nature; they are both animal and vegetable feeders, an enormous number of species acting, especially in the larval state, as scavengers in consuming putrescent or decomposing matter of both kinds. The phytophagous species are attached to various parts of plants, dead or alive; and the carnivorous in like manner feed on dead or living flesh, or its products, many larvae being parasitic on living animals of various classes (in Australia the larva of a species ofMuscidaeis even a parasite of frogs), especially the caterpillars of Lepidoptera, which are destroyed in great numbers byTachininae. The recent discovery of a bloodsucking maggot, which is found in native huts throughout the greater part of tropical and subtropical Africa, and attacks the inmates when asleep, is of great interest.

It may confidently be asserted that, of insects which directly or indirectly affect the welfare of man, Diptera form the vast majority, and it is a moot point whether the good effected by many species in the rapid clearing away of animal and vegetable impurities, and in keeping other insect enemies in check, counterbalances the evil and annoyance wrought by a large section of the Order. The part played by certain blood-sucking Diptera in the dissemination of disease is now well known (seeMosquitoandTsetse-Fly), and under the termmyiasismedical literature includes a lengthy recital of instances of the presence of Dipterous larvae in various parts of the living human body, and the injuries caused thereby. That Diptera of the type of the common house-fly are often in large measure responsible for the spread of such diseases as cholera and enteric fever is undeniable, and as regards blood-sucking forms, in addition to those to which reference has already been made, it is sufficient to mention the vast army of pests constituted by the midges, sand-flies, horse-flies, &c., from the attacks of which domestic animals suffer equally with man, in addition to being frequently infested with the larvae of the bot and warble flies (Gastrophilus,OestrusandHypoderma). Lastly, as regards the phytophagous forms, there can be no doubt that the destruction of grass-lands by “leather-jackets” (the larvae of crane-flies, or daddy-long-legs,—Tipula oleraceaandT. paludosa), of divers fruits byCeratitis capitataand species ofDacus, and of wheat and other crops by the Hessian-fly (Mayetiola destructor) and species ofOscinis,Chlorops, &c., is of very serious consequence.

With many writers it is customary to treat the fleas as a sub-order of Diptera, under the title Aphaniptera or Siphonaptera. Since, however, although undoubtedly allied to the Diptera, they must have diverged from the ancestral stem at an early period, before the existing forms of Diptera became so extremely specialized, it seems better to regard the fleas as constituting an independent order (seeFlea).

(E. E. A.)

DIPTERAL(Gr. for “double-winged”), the architectural term applied to those temples which have a double range of columns in the peristyle, as in the temple of Diana at Ephesus.

DIPTYCH(Gr.διπτυχος, two-folding), (1) A tablet made with a hinge to open and shut, used in the Roman empire for letters (especially love-letters), and official tokens of the commencement of a consul’s, praetor’s or aedile’s term of office. The latter variety of diptych was inscribed with the magistrate’s name and bore his portrait, and was issued to his friends and the public generally. They were made of boxwood or maple. More costly examples were in cedar, ivory (q.v.), silver or sometimes gold. They were often sent as New Year gifts.

(2)In the primitive church when the worshippers brought their own offerings of bread and wine, from which were taken the Communion elements, the names of the contributors were recorded on diptychs and read aloud. To these names were early added those of deceased members of the community whom it was desired to commemorate. This custom rapidly developed into a kind of commemoration of saints and benefactors, living and dead; especially, in each church, were the names of those who had been its bishops recorded. The custom was maintained until the lists became so long that it was impossible to read them through, and the observance in this form had to be abandoned. The insertion of a name on the diptych, thereby securing the prayers of the church, was a privilege from which a person could be excluded on account of suspicion of heresy or by the intrigues of enemies. His name could, if written, be expunged under similar circumstances. The names thus written were read fromthe ambo, in which the diptych was kept. The reading of these names during the canon of the mass gave rise to the termcanonization. By various councils it was ordained that the name of the pope should always be inserted in the diptych list.

The addition ofdatesresulted from the custom of recording baptisms and deaths; and thus the diptych developed into a calendar and formed the germ of the elaborate system of festologies, martyrologies and calendars which developed in the church.

The diptych went by various names in the early church—mystical tablets, anniversary books, ecclesiastical matriculation registers or books of the living. According to the names inscribed, bishops, the dead or the living, a diptych might be adiptycha episcoporum,diptycha mortuorumordiptycha vivorum.

In course of time the list of the names swelled to such proportions that the space afforded by the diptych was insufficient. A third fold was consequently provided, and the tablet became atriptych(though the namediptychwas retained as a general term for the object). Further room was afforded by the insertion of leaves of parchment or wood between the folds. The custom of reading names from the diptychs died out about the 8th century. The diptychs, however, were retained as altar ornaments. From the original consular documents onwards, the outsides of the folds had always been richly ornamented, and when they ceased to be of immediate practical use they became merely decorative. Instead of the list of names the inside was ornamented like the outer, and in the middle ages the best painters of the day would often paint them. When folded, the portraits of the donor and his wife might be shown; when open there would be three paintings, one on each fold, of a religious character.

(R. A. S. M.)

DIR,an independent state in the North-West Frontier Province of India, lying to the north-east of Swat. Its importance chiefly arises from the fact that it commands the greater part of the route between Chitral and the Peshawar frontier. The quarrels and intrigues between the khan of Dir and Umra Khan of Jandol were among the chief events that led up to the Chitral Campaign of 1895. During that expedition the khan made an agreement with the British Government to keep the road to Chitral open in return for a subsidy. Including the Bashkars, an aboriginal tribe allied to the Torwals and Garhuis, who inhabit Panjkora Kohistan, the population is estimated at about 100,000.

DIRCE,in Greek legend, daughter of Helios the sun-god, the second wife of Lycus, king of Thebes. She sorely persecuted Antiope, his first wife, who escaped to Mount Cithaeron, where her twin sons Amphion and Zethus were being brought up by a herdsman who was ignorant of their parentage. Having recognized their mother, the sons avenged her by tying Dirce to the horns of a wild bull, which dragged her about till she died. Her body was cast into a spring near Thebes, which was ever afterwards called by her name. Her punishment is the subject of the famous group called “The Farnese Bull,” by Apollonius and Tauriscus of Tralles, in the Naples museum (seeGreek Art, Plate I. fig. 51).

DIRECT MOTION,in astronomy, the apparent motion of a body of the solar system on the celestial sphere in the direction from west to east; so called because this is the usual direction of revolution and rotation of the heavenly bodies.

DIRECTORS,in company law, the agents by whom a trading or public company acts, the company itself being a legal abstraction and unable to do anything. As joint-stock companies have multiplied and their enterprise has extended, the position of directors has become one of increasing influence and importance. It is they who control the colossal funds now invested in trading companies, and who direct their policy (for shareholders are seldom more than dividend-drawers). Upon their uprightness, vigilance and sound judgment depends the welfare of the greatest part of the trade of the country concerned. It is not to be wondered at that in view of this influence and independence of action the law courts have held directors to a strict standard of duty, and that the parliament of the United Kingdom has singled out directors from other agents for special legislation in the Directors Liability Act 1890, the Larceny Act 1861, the Companies Act 1867 and the Winding-up Act 1890.

The first directors of a company are generally appointed by the articles of association. Their consent to act must now, under the Companies Act 1908, be filed with the registrar of joint-stock companies. Directors other than the first are elected at the annual general meeting, a certain proportion of the acting directors—usually one-third—retiring under the articles by rotation each year, and their places being filled up by election. A share qualification is nearly always required, on the well-recognized principle that a substantial stake in the undertaking is the best guarantee of fidelity to the company’s interests. A director once appointed cannot be removed during his term of office by the shareholders, unless there is a special provision for that purpose in the articles of association; but a company may dismiss a director if the articles—as is usually the case—authorize dismissal. The authority and powers of directors are prima facie those necessary for carrying on the ordinary business of the company, but it is usual to define the more important of such powers in the articles of association. For instance, it is commonly prescribed how and when the directors may make calls, to what amount they may borrow, how they may invest the funds of the company, in what circumstances they may forfeit shares, or veto transfers, in what manner they shall conduct their proceedings, and what shall constitute a quorum of the board. Whenever, indeed, specific directions are desirable they may properly be given by the articles. But superadded to and supplementing these specific powers there is usually inserted in the articles a general power of management in terms similar to those of clause 55 of the model regulations for a company, known as Table A (clause 71 of the revised Table). The powers, whether general or specific, thus confided to directors are in the nature of a trust, and the directors must exercise them with a single eye to the benefit of the company. For instance, in allotting shares they must consult the interests of the company, not favour their friends. So in forfeiting shares they must not use the power collusively for the purpose of relieving the shareholder from liability. To do so is an abuse of the power and a fraud on the other shareholders.

It would give a very erroneous idea of the position and functions of directors to speak of them—as is sometimes done—as trustees. They are only trustees in the sense that every agent is. They are “commercial men managing a trading concern for the benefit of themselves and the other shareholders.” They have to carry on the company’s business, to extend and consolidate it, and to do this they must have a free hand and a large discretion to deal with the exigencies of thecommercialsituation. This large discretion the law allows them so long as they keep within the limits set by the company’s memorandum and articles. They are not to be held liable for mere errors of judgment, still less for being defrauded. That would make their position intolerable. All that the law requires of them is that they should be faithful to their duties as agents—“diligent and honest,” to use the words of Sir George Jessel, formerly master of the rolls. Thus in the matter of diligence it is a director’s duty to attend as far as possible all meetings of the board; at the same time non-attendance, unless gross, will not amount to negligence such as to render a director liable for irregularities committed by his co-directors in his absence. A director again must not sign cheques without informing himself of the purpose for which they are given. A director, on the same principle, must not delegate his duties to others unless expressly authorized to do so, as where the company’s articles empower the directors to appoint a committee. Directors may, it is true, employ skilled persons, such as engineers, valuers or accountants, to assist them, but they must still exercise their judgment as business men on the materials before them. Then in the matter of honesty, a director must not accept a present in cash or shares or in any other form whatever from the company’s vendor, because such a present is neither more nor less than a bribe to betray the interests of the company, nor must he make any profit in the matter of his agency without the knowledge and consent of his principal, the company. He must not, in other words, put himself in a position in which his duty to the companyand his own interest conflict or even may conflict. This rule often comes into play in the case of contracts between a company and a director. There is nothing in itself invalid in such a contract, but the onus is on the director if he would keep such a contract to show that the company assented to his making a profit out of the contract, and for that purpose he must show that he made full and fair disclosure to the company of the nature and extent of his interest under the contract. It is for this reason that when a company’s vendor is also a director he does not join the board until his co-directors have exercised an independent judgment on the propriety of the purchase.

A director must also bear in mind—what is a fundamental principle of company management—that the funds of the company are entrusted to the directors for the objects of the company as defined by the company’s memorandum of association and authorized by the general law, and that they must not be diverted from those objects or applied to purposes which are outside the objects of the company,ultra vires, as it is commonly called, or outside the powers of management given by the shareholders to the directors. This does not abridge the large discretion allowed to directors in carrying on the business of the company. The funds embarked in a trading company are intended to be employed for the acquisition of gain, and risk, greater or less according to circumstances, is necessarily incidental to such employment; but it is quite another matter when directors pay dividends out of capital, or return capital to the shareholders, or spend money of the company in “rigging” the market, or in buying the company’s shares or paying commission for underwriting the shares of the company except where such commission is authorized under acts of 1900 and 1907, incorporated in the Companies Act 1908. Directors who in these or any other ways misapply the funds of the company are guilty of what is technically known as “misfeasance” or breach of trust, and all who join in the misapplication are jointly and severally liable to replace the sums so misapplied. The remedy of the company for misfeasance, if the company is a going concern, is by action against the delinquent directors; but where a company is being wound up, the legislature has, under the Winding-up Act 1890, provided a summary mode of proceeding, by which the official receiver or liquidator, or any creditor or contributory of the company, may take out what is known as a misfeasance summons, to compel the delinquent director or officer to repay the misapplied moneys or make compensation. The departmental committee of the Board of Trade in its report (July 1906) recommended that the court should be given a discretionary power, analogous to that it already possesses in the case of trustees under the Judicial Trustees Act 1896, s. 3, to relieve a director (or a promoter) in certain cases from liability. This recommendation has been given effect to by s. 279 of the Companies Act 1908, which provides that, “If in any proceeding against a director of a company for negligence or breach of trust it appears to a court that the director is or may be liable in respect of the negligence or breach of trust, but has acted honestly and reasonably and ought fairly to be excused for the negligence or breach of trust, the court may relieve him either wholly or partly from his liability on such terms as the court may think proper.”

Directors who circulate a prospectus containing statements which they know to be false, with intent to induce any person to become a shareholder, may be prosecuted under § 84 of the Larceny Act 1861. They are also liable criminally for falsification of the company’s books, and for this or any other criminal offence the court in winding up may, on the application of the liquidator, direct a prosecution. As to the liability of directors for statements or omissions in a prospectus seeCompany.

In managing the affairs of the company directors must meet together and act as a body, for the company is entitled to their collective wisdom in council assembled. Board meetings are held at such intervals as the directors think expedient. Notice of the meeting must be given to all directors who are within reach, but the notice need not specify the particular business to be transacted. The articles usually fix, or give the directors power to fix, what number shall constitute a quorum for a board meeting. They also empower the directors to elect a chairman of the board. The directors exercise their powers by a resolution of the board which is recorded in the directors’ minute-book.

The court will not as a rule interfere with the discretion of directors honestly exercised in the management of the affairs of the company. The directors have prima facie the confidence of the shareholders, and it is not for the court to say that such confidence is misplaced. If the stockholders are dissatisfied with the management the remedy is in their own hands—they can call a meeting and elect a new board.

A company’s articles usually provide for the payment of a certain sum to each director for his services during the year. When this is the case it is an authority to the directors to pay themselves the amount of such remuneration. The remuneration, unless otherwise expressly provided, covers all expenses incidental to the directors’ duties. A director, for instance, cannot claim to be paid in addition to his fixed remuneration his travelling expenses for attending board meetings.

When a company winds up, the directors’ powers of management come to an end. Their agency is superseded in favour of that of the liquidator.

(E. Ma.)

DIRECTORY,a term meaning literally that which guides or directs, and so applied to a book or set of rules giving directions for public worship. Thedirectoriumorordoof the Roman Church contains regulations as to the Mass and office to be used on each day throughout the year, and the word is found in theDirectory for the Publick Worship of Goddrawn up in 1644 at the Westminster Assembly. The term now usually signifies a book containing the names, addresses and occupations, &c. of the inhabitants of a town or district, or of a similar list of the users of a telephone supply, or of the members of a particular profession or trade. The nameDirectoireor Directory was given to the body which held the executive power in France from October 1795 until November 1799 (seeFrench Revolution).

DIRGE,a song or hymn of mourning, particularly one sung at funerals or at a Service in commemoration of the dead. It is derived from the first word of the antiphon”Dirige, Domine, Deus meus, in conspectu tuo viam meam”(Guide, O Lord, my God, my way in Thy sight), of the opening psalm in the office for the dead in the Roman Church. The antiphon is adapted from verse 8 of Psalm v.

DIRK,a dagger, particularly the heavy dagger carried by the Highlanders of Scotland. The dirk as worn in full Highland costume is an elaborately ornamented weapon, with cairngorms or other stones set in the head of the handle, which has no guard. Inserted in the sheath there may be two small knives. The dirk, in the shape of a straight blade, with a small guard, some 18 in. long, is worn by midshipmen in the British navy. The origin of the word is doubtful. The earlier forms weredorkanddurk, and the spellingdirk, adopted by Johnson, represents the pronunciation of the second form. The name seems to have been early applied to the daggers of the Highlanders, but the Gaelic word isbiodag, and the Irishduirc, often stated to be the origin, is only an adaptation of the English word. It may be a corruption of the GermanDolch, a dagger. The suggestion that it is an application of the Christian name “Dirk,” the short form of “Dieterich,” is not borne out, according to theNew English Dictionary, by any use of this name for a dagger, and is further disproved by the earlier English spelling.

DIRSCHAU,a town of Germany, in the kingdom of Prussia, province of West Prussia, on the left bank of the Vistula, 20 m. S. from Danzig and at the junction of the important lines of railway Berlin-Königsberg and Danzig-Bromberg. Pop. (1905) 14,185. It has a Roman Catholic and a Protestant church and several schools. The river is here crossed by two fine iron bridges. The older structure dating from the year 1857, originally used for the railway, is now given up to road traffic, and the railway carried by a new bridge completed in 1891. Dirschau has railway workshops and manufactories of sugar, agricultural implements and cement. During the war with Poland, Gustavus Adolphus made it his headquarters for many months after its capture in 1626.

DISABILITY,a term meaning, in general, want of ability, and used in law to denote an incapacity in certain persons or classes of persons for the full enjoyment of duties or privileges, which, but for their disqualification, would be open to them; hence, legal disqualification. Thus, married women, persons under age, insane persons, convicted felons are under disability to do certain legal acts. This disability may be absolute, wholly disabling the person so long as it continues, or partial, ceasing on discontinuation of the disabling state, as attainment of full age.

DISCHARGE(adapted from the O. Fr.descharge, moderndécharge, from a med. Lat.discargare, to unload,dis-andcarricare, to load, cf. “charge”), a word meaning relief from a load or burden, hence applied to the unloading of a ship, the firing of a weapon, the passage of electricity from an electrified body, the issue from a wound, &c. From the sense of relief from an obligation, “discharge” is also applied to the release of a soldier or sailor from military or naval service, or of the crew of a merchant vessel, or to the dismissal from an office or situation. In law, it is used of a document or other evidence that can be accepted as proof of the release from an obligation, as of a receipt, on payment of money due. Similarly it is applied to the release in accordance with law of a person in custody on a criminal charge, and to the legal release of a bankrupt from further liability for debts provable in the bankruptcy except those incurred by fraud or debts to the crown. It is also applied to the reversal of an order of a court. In the case of divorce, where the rulenisiis not made absolute, the rule is said to be discharged.

DISCHARGING ARCH,in architecture, an arch built over a lintel or architrave to take off the superincumbent weight. The earliest example is found in the Great Pyramid, over the lintels of the entrance passage to the tomb: it consisted of two stones only, resting one against the other. The same object was attained in the Lion Gate and the tomb of Agamemnon, both in Mycenae, and in other examples in Greece, where the stones laid in horizontal courses, one projecting over the other, left a triangular hollow space above the lintel of the door, which was subsequently filled in by vertical sculptured stone panels. The Romans frequently employed the discharging arch, and inside the portico of the Pantheon the architraves have such arches over them. In the Golden Gateway of the palace of Diocletian at Spalato the discharging arches, semicircular in form, were adopted as architectural features and decorated with mouldings. The same is found in the synagogues in Palestine of the 2nd century; and later, in Byzantine architecture, these moulded archivolts above an architrave constitute one of the characteristics of the style. In the early Christian churches in Rome, where a colonnade divided off the nave and aisles, discharging arches are turned in the frieze just above the architraves.

DISCIPLE,properly a pupil, scholar (Lat.discipulus, fromdiscere, to learn, and root seen inpupillus), but chiefly used of the personal followers of Jesus Christ, including the inner circle of the Apostles (q.v.).

DISCIPLES OF CHRIST,orChristians, an American Protestant denomination, founded by Thomas Campbell, his son Alexander Campbell (q.v.) and Barton Warren Stone (1772-1844). Stone had been a Presbyterian minister prominent in the Kentucky revival of 1801, but had been turned against sectarianism and ecclesiastical authority because the synod had condemned Richard McNemar, one of his colleagues in the revival, for preaching (as Stone himself had done) counter to the Westminster Confession, on faith and the work of the Holy Spirit in conversion. He had organized the Springfield Presbytery, but in 1804 with his five fellow ministers signed “The Last Will and Testament of the Springfield Presbytery,” giving up that name and calling themselves “Christians.” Like Stone, Alexander Campbell had adopted (in 1812) immersion, and, like him, his two great desires were for Christian unity and the restoration of the ancient order of things. But the Campbellite doctrines differed widely from the hyper-Calvinism of the Baptists whom they had joined in 1813, especially on the points on which Stone had quarrelled with the Presbyterians; and after various local breaks in 1825-1830, when there were large additions to the Restorationists from the Baptist ranks, especially under the apostolic fervour and simplicity of the preaching of Walter Scott (1796-1861), in 1832 the Reformers were practically all ruled out of the Baptist communion. The Campbells gradually lost sight of Christian unity, owing to the unfortunate experience with the Baptists and to the tone taken by those clergymen who had met them in debates; and for the sake of Christian union it was peculiarly fortunate that in January 1832 at Lexington, Kentucky, the followers of the Campbells and those of Stone (who had stressed union more than primitive Christianity) united. Campbell objected to the name “Christians” as sectarianized by Stone, but “Disciples” never drove out of use the name “Christians.”

During the Civil War the denomination escaped an actual scission by following the neutral views of Campbell, who opposed slavery, war and abolition. In 1849 the American Christian Missionary Society was formed; it was immediately attacked as a “human innovation,” unwarranted by the New Testament, by literalists led in later years by Benjamin Franklin (secretary of the missionary society in 1857), who opposed all church music also. Isaac Errett (1820-1888) was the most prominent leader of the progressive party, which was considered corrupt and worldly by the literalists, many of whom, in spite of his efforts, broke off from the main body, especially in Indiana, Kentucky, Tennessee, Arkansas and Texas.

The main body appointed in 1890 a standing committee on Christian union; their aim in this respect is not for absorption, as was clearly shown by their answer in 1887 to overtures from the Protestant Episcopal Church regarding Christian unity. The credal position of the Disciples is simple: great stress is put upon the phrase “the Christ, the Son of the living God,” and upon the recognition by Jesus of this confession as the foundation of His church; as to baptism, agreement with Baptists is only as to the mode, immersion; this is considered “the primitive confession of Christ and a gracious token of salvation,” and as being “for the remission of sins”; the Disciples generally deny the authority over Christians of the Old Covenant, and Alexander Campbell in particular held this view so forcibly that he was accused by Baptists of “throwing away the Old Testament.” The Lord’s Supper is celebrated every Sunday, the bread being broken by the communicants. The Disciples are not Unitarian in fact or tendency, but they urge the use of simple New Testament phraseology as to the Godhead. Their church government is congregational.

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