KFLCC Kingdom Law 2nd Ed.

LEGES NON VERBIS

710

LEGITIME IMPERANTI

93; Sanders v. Cabaniss, 43 Ala. 180; Brown v. Galveston, 97 Tex. 1, 75 S. W. 495; CXNeil v. American F. Ins. Co., 166 Pa. 72, 30 AtL 943, 26 L. R. A. 715, 45 Am. St. Rep. 650. LEGISLATOR. One who makes laws; a member of a legislative body. 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. Lat A person skill ed or learned in the law; a lawyer or advo cate. Feud. lib. 2, tit 1. LEGIT VEL NON? In old English prac tice, this was the formal question propounded to the ordinary when a prisoner claimed the benefit of clergy,—does he read or not? If the ordinary found that the prisoner was en titled to clergy, his formal answer 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. Davenport v. Caldwell, 10 S. C. 337; Pratt v. Pratt, 5 Mo. App. 541. LEGITIMATE, v. To make lawful; to confer legitimacy; to place a child born be fore marriage on the footing of those born in lawful wedlock. McKamie v. Baskerville, 86 Tenn. 459, 7S.W. 194; Blythe v. Ayres, 96 Cal. 532, 31 Pac. 915, 19 L. R. A. 40. LEGITIMATE, adj. That which is law ful, legal, recognized by law, or according to law; as legitimate children, legitimate au thority, or lawful power. Wilson v. Babb, 18 S. C. 69; Gates v. Seibert, 157 Mo. 254, 57 S. W. 1065, 80 Am. St. Rep. 625. 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 subsequent matrimo nium. The legitimation of a bastard by the subsequent marriage 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. Miller v. Miller, 105 La. 257, 29 South. 802; Cox v. Von Ahlefeldt, 50 La Ann. 1266, 23 South. 959. Legitime imperanti parere neeesse est. Jenk. Cent. 120. One lawfully commanding must be obeyed.

Leges non verbis, sed rebus, sunt im positse. Laws are imposed, not on words; but things. 10 Coke, 101; Branch, Princ. Leges posteriores priores contrariaa abrogant. Later laws abrogate prior laws that are contrary to them. Broom, Max. 27, 29. Leges snnm ligent latorem. Laws should bind their own maker. Fleta, lib. 1, c. 17, § 11. Leges vigilantibus, non dormientibus, subveniunt. The laws aid the vigilant, not the negligent. Smith v. Carll, 5 Johns. Ch. (N. Y.) 122, 145; Toole v. Cook, 16 How. Prac. (N. Y.) 142, 144. LEGIBUS 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 desinentibns, lege na turae 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. Cowell. Legis constrnctio 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 tenetnr in execu tione officii sni, fugere ant retrocedere. The minister of the law is bound, in the exe cution of his office, not to fly nor to retreat. Branch, Princ. LEGISLATION. The act of giving or enacting laws. State v. Hyde, 121 Ind. 20, 22 N. E. 644. LEGISLATIVE. Making or giving laws; pertaining to the function of law-making or to the process of enactment of laws. See Evansville v. State, 118 Ind. 426, 21 N. E. 267, 4 L. R. A. 93. — Legislative department. That department of ; government whose appropriate function is the making or enactment of laws, as distin guished from the judicial department, which in terprets and applies the laws, and the executive department, which carries them into execution and effect. See In re Davies, 168 N. Y. 89, 61 N. E. 118, 56 L. R. A. 855.— Legislative of ficer. A member of the legislative body or de partment of a state*or municipal corporation. See Prosecuting Attorney v. Judge of Record er's Court, 59 Mich. 529, 26 N. W. 694.— Legis lative power. The lawmaking power; the department of government whose function is the framing and enactment of laws. Evansville v. State, 118 Ind. 426, 21 N. E. 267, 4 L. R. A.