Necessary
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
Frequently imports no more than convenient, essential, or useful to some end in view. The term admits of degrees: a thing may be necessary, very necessary, or absolutely necessary.''' To employ "means necessary to an end" is generally understood as meaning to employ means calculated to produce the end, not as being confined to some single means without which the end would be unattainable. 2 It is in the looser sense that the word is used in Art. I, sec.
8, el.
8, of the Constitution, empowering Congress to pass laws " necessary and proper " for carrying its express provisions into efLCCt. When the framers intended an indispensable necessity, as in Art. X, sec. 1, they coupled the word "absolutely" with it.^ See Constitution. What is " necessary to the beneficial enjoyment of an estate " cannot reasonably be held to be limited to absolute physical necessity, but to what is reasonably necessary.* '• Necessary help " for the warden of a prison includes the services of a physician. < A statute exempting from execution "necessary household furniture " includes more articles than such as are absolutely indispensable,— articles which, to the common understanding, are required for comfort and convenience. But " necessary " is not to have the liberal sense given it in the rule as to " necessaries," * q. V. " Necessaiy implication," in construing a will, means so strong a probabilit.7 of intention that an intention contrary to that imputed cannot be sup- 1 Hubbard v. Eoach, 9 Biss. 376-77 (1880), Dyer, J. "M'Cu Uooh V. Maryland, 4 Wheat. 413 (1819), Marshall.
C. J.; Legal Tender Case, 110 U. S. 440 (1884); 83 Ind. 14.S^5; 47 N. J. L. 3»-3?. a Pettingill v. Porter, 8 Allen, 6 (1864). * State V. Hobart, 13 Nev. 420 (1878).
6 Hitchcock V. Holmes, 43 Conn. 529 (1876). « [Wilkinson v. Adam, 1 Ves. & B. *406 (1812). See Referring to taking private property for public uses, "necessary" means expedient. ' In a statute requiring a railroad to construct a farm-crossing when " necessary " for the use of the proprietors of adjoining lands, held equivalent to " reasonably convenient." 2 "Necessary repairs" to a vessel means such as are reasonably proper under the circumstances; not merely such as are indispensable for the safety of the ship or the accomplishment of the voyage.^ See Baggage; Necessity; Sunday.