Blacks Law Dict. 1st ed

694

LAWFUL GOODS

LAW OP NATURE

Wing. Max. p. 382, max. 101; Finch, Law. b. 1, c. 3, no. 39. Law respecteth possibility of things. Wing. Max. p. 403, max. 104; Finch, Law, b. 1, c. 3, no. 40. Law [the law] respecteth the bonds of nature. Wing. Max. p. 268, max. 78; Finch, Law, b. 1, c. 3, no. 29. LAW SPIRITUAL. The ecclesiastical law, or law Christian. Co. Litt. 344. LAW TERMS. See TERMS. LAW WORTHY. Being entitled to, or haying the benefit and protection of, the law. LAWFUL. Legal; warranted or author ized by the law; having the qualifications prescribed by law; not contrary to nor for bidden by the law. The principal distinction between the terms "lawful "and "legal" is that the former contem plates the substance of law, the latter the form of law. To say of an act that it is "lawful" implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is "legal" im plies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense "illegal" approaches the meaning of " invalid." For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful. Further, the word "lawful"more clearly implies an ethical content than does " legal." The latter goes no further than to denote compliance with positive, technical, or formal rules; while the former usually imports • moral substance or ethical permissibility. A fur ther distinction is that the word "legal" is used as the synonym of "constructive," which "lawful" is not. Thus "legal fraud" is fraud implied or in ferred by law, or made out by construction. " Law ful fraud" would be a contradiction of terms. Again, "legal" is used as the antithesis of "equi table. " Thus, we speak of "legal assets," "legal estate, "etc., but not of "lawful assets" or "law ful estate." But there are some connections in which the two words are used as exact equivalents. Thus, a "lawful" writ, warrant, or process is the same as a "legal" writ, warrant, or process. LAWFUL AGE. Full age; majority; generally the age of twenty-one years. LAWFUL AUTHORITIES. The ex pression "lawful authorities," used in our treaty with Spain, refeis to persons who ex ercised the power of making grants by au thority of the crown. 9 Pet. 711. LAWFUL DISCHARGE. Such a dis charge in insolvency as exonerates the debtor from his debts. 12 Wheat. 370. LAWFUL GOODS. Whatever is not prohibited to be exported by the positive law

to nations. 1 Kent, Comm. 2, note; Id. 4, note. See Jus NATURALE. We understand all laws to be either human or divine, according as they have man or God for their author; and divine laws are of two kinds, that is to say: (1) Natural laws; (2) positive or revealed laws. A natural law is denned by Bur lam aqui to be "a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace and happiness of society can never be preserved." And he says that these are called "natural laws" because a knowledge of them may be attained merely by the light of reason, from the fact of their essential agreeableness with the constitution of human nature; while, on the contrary, positive or re vealed laws are not founded upon the general con stitution of human nature, but only upon the will of God; though in other respects such law is es tablished upon very good reason, and procures the advantage of those to whom it is sent. The cere monial or political laws of the Jews are of this latter class. 11 Ark. 527. By the law of the land is most clearly in tended the general law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. The meaning is that every citizen shall hold hia life, liberty, property, and immunities un der the protection of general rules which govern society. Everything which may pass under the form of an enactment is not the law of the land. Sedg. St. & Const. Law, (2dEd.)475. When first used in Magna Charta, the phrase tt thelaw of the land " probably meant the estab lished law of the kingdom, in opposition to the civil or Roman law, which was about being intro duced. It is now generally regarded as meaning general public laws binding on all members of the community, in contradistinction from partial or private laws. 2 Tex. 251; 2 Yerg. 270; 6 Heisk. 186. It means due process of law warranted by the constitution, by the common law adopted by the constitution, or by statutes passed in pursuance of the constitution. 1 N. H. 5& It means the law as established in a fair, open trial, or after opportunity given for such trial, by due course and process of law; not a bill of at tainder. 6 Fa. St. 87. LAW OF THE STAPLE. Law ad ministered in the court of the mayor of the staple; the law-merchant. 4 Inst. 235. See STAPLE. LAW REPORTS. Published volumes containing the reports of cases argued and Adjudged in the courts of law. Law respecteth matter of substance more than matter of circumstance. LAW OP THE LAND. Dueprocessof law, (q. v.)

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