Public-domain · open source
OpenJurist

Lawful

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

In accordance with the law of the land; according to the law; permitted, sanctioned, or justified hy law.

Unlawful.

Implies that an act is done or not done as the law allows or requii-es.i "Lawful," "unlawful," and "illegal," refer to tiiat which in its substance is sanctioned or prohibited by the law. " Legal " occasionally refers to matter of form alone. Thus, an oral agreement to convey land, thougfi void by law, is not "unlawful:" it is " illegal," because not in lawful form." "Lawful" properly implies a thing conformable to or enjoined by law; " legal," a thing in the form or after the manner of law or binding by law.' See further Legal. A "lawful" writ, warrant, or other process does not imply a process legally sufficient, but is the same as "legal" process or process "of law." A writ or warrant issuing from any court, under color of law, is a "legal" process, however defective.* The insertion of "unlawfully" in an indictment may not dispense with the necessity of speoiflcally alleging the elements of the offense.' But the charge of an offense in the precise words of the statute will dispense with the addition of " unlawfully." " "It shall be lawful" may, or may not, impose an imperative duty.' Other expressions are: lawful age;= lawful and vmlawful assembly, g. v.; lawful and unlawful condition or covenant, qq. v.; lawful deed, g. v.; lawful discharge;' lawful goods;'" lawful issue;" lawful juror; >" lawful money,'' q. v.; lawful trade; '* lawful authorities.'^ Ciompare Juridical; Legitimate; Illicit; Valid; Voro.