KFLCC Kingdom Law 2nd Ed.

NEGATIVE

809

NEOESSITAS EXCUSAT

Necessitas excusat aut extenuat de lictum in capitalibus, quod non operatur idem in civilibns. Necessity excuses or ex tenuates a delinquency in capital cases, which has not the same operation in civil cases. Bac. Max. Necessitas facit licitum quod alias non est licitum. 10 Coke, 61. Necessity makes that lawful which otherwise is not lawful. Necessitas inducit privilegium quoad jura privata. Bac. Max. 25. Necessity gives a privilege with reference to private rights. The necessity involved in this maxim is of three kinds, viz.: <1) Necessity of self preservation; (2) of obedience; and (3) ne cessity resulting from the act of God, or of a stranger. Noy, Max. 32. Necessitas non habet legem. Necessity has no law. Plowd. 18a. "Necessity shall be a good excuse in our law, and in every other law." Id. Necessitas publica major est quam pri vata. Public necessity is greater than pri vate. "Death," it has been observed, "is the last and furthest point of particular neces sity, and the law imposes it upon every sub ject that he prefer the urgent service of his king and country before the safety of his life." Noy, Max. 34; Broom, Max. 18. Necessitas quod cogit, defendit. Ne cessity defends or justifies what it compels. 1 Hale, P. C. 54. Applied to the acts of a sheriff, or ministerial officer, in the execu tion of his office. Broom, Max. 14. Necessitas sub lege non continetur, quia quod alias non est licitum neces sitas f acit licitum. 2 Inst. 326. Necessity is not restrained by law; since what other wise is not lawful necessity makes lawful. Necessitas vincit legem. Necessity overrules the law. Hob. 144; Cooley, Const. Lim. (4th Ed.) 747. Necessitas vincit legem; legum vin cula irridet. Hob. 144. Necessity over comes law; it derides the fetters of laws. NECESSITUDO. Lat. In the civil law. An obligation; a close connection; relation ship by blood. Calvin. NECESSITY. Controlling force; irre sistible compulsion; a power or impulse so great that it admits no choice of conduct. When it is said that an act is done "under necessity," it may be, in law, either of three kinds of necessity: (1) The necessity of pre serving one's own life, which will excuse a homicide; (2) the necessity of obedience, as to the laws, or the obedience of one not sui juris to his superior; (3) the necessity caus

ed by the act of God or a stranger. See Jacob; Mozley & Whitley. A'constraint upon the will whereby a person is urged to do that which his judgment disap proves, and which, it is to be presumed, his will (if left to itself) would reject. A man, there fore, is excused for those actions which are done through unavoidable force and compulsion. Wharton. — Necessity, homicide by. A species of jus tifiable homicide, because it arises from some unavoidable necessity, without any will, inten tion, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame. As, for in stance, by virtue of such an office as obliges one, in the execution of public justice, to put a malefactor to death who has forfeited his life to the laws of his country. But the law must require it. otherwise it is not justifiable. 4 BI. Comm. 178. The Latin sentence, "Miserere mei, Deus" was so called, because the reading of it was made a test for those who claimed benefit of clergy. tem examination of a human body. NEEDLESS. In a statute against "need less" killing or mutilation of any animal, this term denotes an act done without any useful motive, in a spirit of wanton cruelty, or for the mere pleasure of destruction. Grise v. State, 37 Ark. 460. Lat That which is against right or the divine law. A wicked or impi ous thing or act. Calvin. NEFASTUS. Lat. Inauspicious. Ap plied, in the Roman law, to a day on which It was unlawful to open the courts or admin ister justice. Negatio conclusionis est error in lege. Wing. 268. The denial of a conclusion is error in law Negatio destruit negationem, et am bse faciunt amrmationem. A negative destroys a negative, and both make an af firmative. Co. Litt 1466. Lord Coke cites this as a rule of grammatical construction, not always applying in law. Negatio duplex est affirmatio. A double negative is an affirmative. NEGATIVE. A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. Steph. PI. 386, 387. —Negative averment. As opposed to the traverse or simple denial of an affirmative al legation, a negative averment is an allegation of some substantive fact, e. g., that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove NECK-VERSE. NECROPHILISM. See INSANITY. NECROPSY. An autopsy, or post-mor NEFAS.