KFLCC Kingdom Law 2nd Ed.

703

LAWFUL

LAW ALWAYS CONSTRUETH

law hateth new inventions and inno vations. Wing. Max. p. 756, max. 204.

Law always construeth things to the best. Wing. Max. p. 720, max. 193. Law construeth every act to be law ful, when it standeth indifferent wheth er it should be lawful or not. Wing. Max. p. 722, max. 194; Finch, Law, b. 1, c. 3, n. 76. Law construeth things according to common possibility or intendment. Wing. Max. p. 705, max. 189. Law [the law] construeth things with equity and moderation. Wing. Max. p. 685, max. 183; Finch, Law, b. 1, c. 3, n. 74.

Law hateth wrong.

Wing. Max. p. 563,

max. 146; Finch, Law, b. 1, c. 3, no. 62.

Law of itself prejudiceth no man. Wing. Max. p. 575, max. 148; Finch, Law, b. 1, c. 3, no. 63. Law respecteth matter of substance more than matter of circumstance. 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. 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 con templates the substance of law, the latter the form of law. To say of an-act that it is "law ful" implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is "legal" implies that it is done or per formed in accordance with the forms and us ages of law, or in a technical manner. In this sense "illegal" approaches the meaning of "in valid." For example, a contract or will, exe cuted 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 con tent than does "legal. The latter goes no fur ther than to denote compliance, with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility. A further distinction is that the word "legal" is used as the synonym of "constructive," which "lawful" is not. Thus "legal fraud" is fraud implied or inferred by law, or made out by construction. "Lawful fraud" would be a contradiction of terms. Again, "legal" is used as the antithesis of "eq uitable." Thus, we speak of "legal assets," "legal estate," etc., but not of "lawful assets," or "lawful estate." But there are some connec tions in which the two words are used as exact equivalents. Thus, a "lawful" writ, warrant, or process is the same as a "legal" writ, war Full age; majority; gener ally the age of twenty-one years, though some times eighteen as to a female. See McKim v. Handy, 4 Md. Ch. 237.— Lawful authorities. The expression "lawful authorities," used in our treaty with Spain, refers to persons who exercised the power of making grants by au thority of the crown. Mitchel v. U. S., 9 Pet. 711, 9 L. Ed. 283.— Lawful discharge. Such a discharge in insolvency as exonerates the debtor from his debts. Mason v. Haile, 12 Wheat. 370, 6 L. Ed. 660.— Lawful entry. An entry on real estate, by one out of. posses sion, under claim or color of right and without force or fraud. See Stouffer v. Harlan, 68 Kan. 135, 74 Pac. 613, 64 L. R. A. 320, 104 Am. St. Rep.. 396.— Lawful goods. Whatever is not prohibited to be exported by the positive LAWFUL. rant, or process. —Lawful age.

Law disfavoreth impossibilities.

Wing.

Max. p. 606, max. 155.

Law disfavoreth improbabilities. Wing. Max. p. 620, max. 161.

Law

[the law]

favoreth

charity.

Wing. Max. p. 497, max. 135.

Law favoreth common right.

Wing.

Max. p. 547, max. 144.

Law favoreth diligence, and therefore hateth folly and negligence. Wing. Max. p. 665, max. 172; Finch, Law, b. 1, c. 3, no. 70.

Law favoreth honor and order.

Wing.

Max. p. 739, max. 199.

Law favoreth justice and right.

Wing.

Max. p. 502, max. 141.

Law favoreth life, liberty, and dower. 4 Bacon's Works, 345. recompense. Wing. Max. p. 411, max. 108; Finch, Law, b. 1, c. 3, no. 42. Law [the law] favoreth possession, where the right is equal. Wing. Max. p. 375, max. 98; Finch, Law, b. 1, c. 3, no. 36. Law favoreth mutual Law favoreth publio quiet. Wing. Max. p. 742, max. 200; Finch, Law, b. 1, c. 3, no. 54. Law favoreth speeding of men's causes. Wing. Max. p. 673, max. 175. Law [the law] favoreth things for the commonwealth, [common weal.] Wing. Max. p. 729, max. 197; Finch, Law, b. 1, c. S, no. 53. Law favoreth truth, faith, and cer tainty. Wing. Max. p. 604, max. 154. Law hateth delays. Wing. Max. p. 674, max. 176; Finch, Law, b. 1, a 3, no. 71. Law favoreth public commerce. Wing. Max. p. 738, max. 198.