Blacks Law Dict. 1st ed

LEGES POSTERIORES, ETC.

702

LEGITIMU8

Leges posteriores priores contrarias abrogant. Later laws abrogate prior laws that are contrary to them. Broom, Max. 27, 29. LEGES SCRIPTJE. Lat. In English law. Written laws; statute laws, or acts of parliament which are originally reduced into writing before they are enacted, or receive any binding power. Hale, Com. Law, 1, 2. LEGES SUB GRAVIORI LEGE. Laws under a weightier law. Hale, Com. Law, 46, 44. Leges strum ligent latorem. Laws should bind their own maker. Fleta, lib. 1, c. 17, § 11. LEGES TABELLARL2E. Lat. Roman laws regulating the mode of voting by ballot, (tabella.) 1 Kent, Comm. 232, note. Leges vigilantibus, non dormientibus, subveniunt. The laws aid the vigilant, not the negligent. 5 Johns. Ch. 122, 145; 16 How. Pr. 142, 144. LEGIBTJS SOLUTUS. Lat. Released from the laws; not bound by the laws. An expression applied in the Roman civil law to the emperor. Calvin. Legibus sumptis desinentibus, lege na turse utendum est. When laws imposed by the state fail, we must act by the law of nature. 2 Rolle, 298. LEGIOSUS. In old records. Litigious, and so subjected to a course of law. Co well. Legis construotio non facit injuriam. Co. Litt. 183. The construction of law does no injury. Legis interpretatio legis vim obtinet. Ellesm. Postn. 55. The interpretation of law obtains the force of law. Legis minister non tenetur in execu tione officii sui, fugere aut retrocedere. The minister of the law is bound, in the ex cution of his office, not to fly nor to retreat. Branch, Princ. LEGISLATION. The act of giving or enacting laws. LEGISLATIVE POWER. The law making power; the department of government whose function is the framing and enactment of laws. LEGISLATOR. One who makes laws. Legislatorum est viva vox, rebus et ; non verbis legem imponere. The voice

of legislators is a living voice, to impose laws on things, and not on words. 10 Coke, 101. LEGISLATURE. The department, as sembly, or body of men that makes laws for a state or nation; a legislative body. LEGISPERITUS. A person skilled oi learned in the law; a lawyer or advocate. Feud. lib. 2, tit. 1. LEGIT VEL NONP In old English practice, this was the formal question pro pounded to the ordinary when a prisoner claimed the benefit of clergy,—does he read or not? If th« ordinary found that the pris oner was entitled to clergy, his formal an swer was, "Legit ut clericus," he reads like a clerk. LEGITIM. In Scotch law. The chil dren's share in the father's movables. LEGITIMACY. Lawful birth; the con dition of being born in wedlock; the opposite of illegitimacy or bastardy. LEGITIMATE, t>. To make lawful; to confer legitimacy; to place a child born be fore marriage on the footing of those born in lawful wedlock. 26 V t 653, 657, 658. LEGITIMATE, adj. That which is law ful, legal, recognized by law, or according to law; as legitimate children, legitimate au thority, or lawful power. LEGITIMATION. The making legiti mate or lawful that which was not originally so; especially the act of legalizing the status of a bastard. LEGITIMATION PER SUBSE QUENS MATRIMONIUM. The legiti mation of a bastard by the subsequent mar riage of his parents. Bell. LEGITIME. Lat. In the civil law. That portion of a parent's estate of which he cannot disinherit his children without a legal cause. Le^itime imperanti parere necesse est. Jenk. Cent. 120. One lawfully com manding must be obeyed. LEGITIMI H^JREDES. Lat. In Ro man law. Legitimate heirs; the agnate re lations of the estate-leaver; so called because the inheritance was given to them by a law of the Twelve Tables. LEGITIMUS. Lawful; legitimate. Legitimus hceres et fllius est quern nuptia

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