Black's Law Dictionary

An officer in the navy. Also an important functionary in the United States custom-houses, who estimates dudes, signs permits and clearances, certifies the collectors' returns, etc.

In the civll law. The master or commander of a ship; the captain of a man-of-war.

In the civil law. The master or captain of a ship. Calvin.

Capable of being navigated; that may be navigated or passed over in ships or vessels. But the term is generally understood in a more restricted sense, viz., subject to the ebb and

At common law, a river or stream in which the tide ebbs and flows, or as far as the tide ebbs and flows. 3 Kent, Conun. 412, 414, 417, 418; 2 Hil. Real Prop. 90, 91. But as to the

See Navigable. —P ercolating waters. Those which pass through the ground beneath the surface of the earth without any definite channel, and do not form a part of the body or flow,

To conduct vessels through navigable waters; to use the waters as a means of communication. Ryan v. Hook, 34 Hun (N. Y.) 185.

The act or the science or the business of traversing the sea or other waters in ships or vessels. Pollock v. Cleveland Ship Building Co., 56 Ohio St. 655, 47 N. E. 582; The Silvia,

various enactments passed for the protection of British shipping and commerce as against foreign countries. For a sketch of their history and operation, see 3 Steph. Comm. They are

Rules and regulations adopted by commercial nations to govern the steering and management of vessels approaching each other at sea so as to avoid the danger of collision or fouling

Fr. In French law. A ship. Emerig. Trait6 des Assur. c. 6, § 1.

Lat. A ship; a vessel. —Navis bona. A good ship; one that was staunch and strong, well caulked, and stiffened to bear the sea, obedient to her helm, swift, and not unduly affected

A good ship; one that was staunch and strong, well caulked, and stiffened to bear the sea, obedient to her helm, swift, and not unduly affected by the wind. Calvin.

A fleet of ships; the aggregate of vessels of war belonging to an independent nation. In a broader sense, and as equivalent to "naval forces," the entire corps of officers and men

One of the executive departments of the United States, presided over by the secretary of the navy, and having in charge the defense of the country by sea, by means of ships of war

Bills drawn by officers of the English navy for their pay, etc.

A pecuniary allowance made in consideration of past services of some one in the navy.

A sum paid to government as an acknowledgment for a grant of lands or any public office. Enc. Lond.

In Hindu law. Composer, arranger, adjuster. The first officer of a province, and minister of the department of criminni justice.

An abbreviation for "nota bene," mark well, observe; also "nulla bona," no goods.

An abbreviation for "Northern District"

Lat. In ecclesiastical law. The name of a prohibitory writ, directed to the bishop, at the request of the plaintiff or defendant, where a quare impedit is pending, when either part

Those tides which happen between the fnil and change of the moon, twice in every twenty-four hours. Tesche-macher v. Thompson, 18 Cal. 21, 79 Am. Dee, 151.

This word, as applied to space, can have no positive or precise meaning. It is a relative term, depending for its signification on the subject-matter in relation to which it is use

Oxen or helfers. "Beeves" may include neat stork, but all neat stock are not b ceves. Castello v. State, 86 Tex. 324; Hubotter v. State, 32 Tex. 479.

Land let out to the yeomanry. Cowell.

In pleading. The statement in apt and appropriate words of all the necessary facts, and no more, Lawes, PI. 62.

The clear weight or quantity of an article, without the bag, box, keg or other thing in which it may be enveloped.

L. Fr. He did not deliver. A plea in detinue, denying the de-llvery to the defendant of the thing sued for.

The act of killing.

Things indispensable or things proper and useful, for the sustenance of human life. This is a relative term, and its meaning will contract or expand according to the situation and

That is necessary which cannot be otherwise.

Lat Necessary; unavoidable; indispensable; not admitting of choice or the action of the will; needful.

As used in jurisprudence, the word "necessary" does not always import an absolute physical necessity, so strong that one thing, to which another may be termed "necessary," cannot e

A term said to be of much wider scope in the law of damages than "pecuniary." It embraces nil those consequences of an injury usually denominated "general" damages, as distinguishe

That degree of diligence which a person placed in a particular situation must exercise in order to entitle him to the protection of the law in respect to rights or claims growing o

That kind of domicile which exists by operation of law, as distinguished from voluntary domicile or domicile of choice. Phillim. Dom. 27 —07.

In construing a will, necessary implication means not natural necessity, but so strong a probability of intention that an intention contrary to that which is imputed to the testato

That kind of intromission or interference where a husband or wife continues in possession of the other's goods after their decease, for preservation. Wharton. In English law. Deali

those parties who have such an interest in the subject-matter of a snit in equity, or whose rights are so involved in the controversy, that no complete and effective decree can be

Necessary repairs (for which the master of a ship may lawfully bind the owner) are such as are reasonably fit and proper for the ship under the circumstances, and not merely such a

Lat. Necessity; a force, power or influence which compels one to act against his wlll. Calvin. —Necessitas cnlpabilis. Culpable necessity; unfortunate necessity; necessity which, w

Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity whic

Necessity is the law of time and of place, 1 Halu, P. C. 54.

Necessity excuses or extenuates a delinquency in capital cases, which has not the same operation in civil cases. Bac. Max.

10 Coke, 61. Necessity makes that lawful which otherwise is not lawful.

Bac. Max. 25. Necessity gives a privllege with reference to private rights. The necessity involved in this maxim is of three kinds, viz.: (1) Necessity of selfpreservation; (2) of

Necessity has no law. Plowd. 18a. "Necessity shall be a good excuse in our law, and in every other law." Id.

Publlc necessity is greater than private. "Death," it has bcen observed, "is the last and furthest point of particular necessity, and the law imposes it upon every subject that he

Necessity defends or justifies what it compels. 1 Hale, P. C. 54. Applied to the acts of a sheriff or ministerial officer, in the execution of his office. Broom, Max. 14.

2 Inst. 326. Necessity is not restrained by law; since what otherwise is not lawful necessity makes lawful.

Necessity overrules the law. Hob. 144; Cooley, Const. Lim. (4th Ed.) 747.

Hob. 144. Necessity overcomes law; it derides the fetters of laws.

Lat. In the civll law. An obligation; a close connection; relationship by blood. Calvin.

Controlling force; irresistible 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 la

A species of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the part

The Latin sentence, "Miserere mei, Deus," was so calied, because the reading of it was made a test for those who claimed benefit of clergy.

See Insanitt.

An autopsy or post-mor-tem examination of a human body.

L. Fr. (Does or did not disturb.) In English practice. The general issue or general plea in quare impedit. 8 Steph. Comm. 663.

The general issue in a formedon, now abolished. It denied the glft in tail to have been made in manner and form as alleged; and was therefore the proper plea, if the tenant meant t

Nor should the court be deficient In showing justice. 4 Inst. 63.

In a statute against "needless" kiliing 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

Jenk. Cent. 190. Neither time nor place affects the king.

Where blood is spilled, the case is un-r pardonable. 3 Inst. 57.

Where the Divinity is insulted the case is unpardonable. Jenk. Cent. 167.

Lat. In English practice. A writ which issues to restrain a person from leaving the kingdom. It was formerly used for political purposes, but is now only resorted to in equity when

Lat. In American practice. A writ simllar to that of ne exeat regno, (q. v.,) available to the plaintiff in a civil suit, under some circumstances, when the defendant is about to l

Lat That which is against right or the divine law. A wicked or impious thing or act. Calvin.

Lat. Inauspicious. Applied, in the Roman law, to a day on which it was unlawful to open the courts or administer justice.

Wing. 268. The denial of a conclusion ls error in law

A negative destroys a negative, and both make an affirmative. Co. Litt. 146b. Lord Coke cites this as a rule of grammatical construction, not always applying in law.

A double negative is an affirmative.

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

As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e. g., that premises are not in repair, whi

One by which it is stipulated that a given thing shall not happen.

The concealment of something which ought to be revealed; that is, misprision in the third of the specific meanings given abave.

One which does not undertake to answer the various aliegations of the bill, but specifically denies some particular fact or matter the existence of which is essential to entitle th

In pleading. A negative implying also an affirmative. Cowell. Such a form of negative expression as may imply or carry within it an affirmative. Steph. PI. 318; Fields v. State, 13

A stafute expressed in negative terms; a statute which prohibite a thing from being done, or declares what shall not be done

Testimony not bearing directly upon the immediate fact or occurrence under consideration, bat evidencing facts from which it may be inferred that the act or fact in question could

L. Fr. It does not lie in the mouth. A common phrase in the old books. Yearb. M. 3 Edw. II. 50.

Omission; failure to do something that one is bound to do; carelessness. The term is used in the law of ballment as synonymous with "negligence." But the latter word is the closer

The omission to do semething which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prud

Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because

An escape from confinement effected by the prisoner without the knowledge or connivance of the keeper of the prison, but which was made possible or practicable by the latter's negl

In Texas, the act of causing the death of another by negligence and carelessness in the performance of a lawful act. Anderson v. Slate, 27 Tex. App. 177, 11 S. W. 33, 3 In R. A. 64

Lat In the civil law. Carelessness; inattention; the omission of proper care or forethought. The term is not exactly equivalent to our "negligence," inasmuch as it was not any negl

Negligence always has misfortune for a companion. Co. Litt. 246b; Shep. Touch. 476.

Fr. Business; trade; management of affairs.

In mercantile law Transferable quality. That quality of bills of exchange and promissory notes which renders them transferable from one person to another, and from possessing which

An instrument embodying an obligation for the payment of money is called "negotiable" when the legal title to the instrument itself and to the whole amount of money expressed upon

A general name for bills, notes, checks, transferable bonds or coupons, letters of credit, and other negotiable written securities. Any written securities which may be transferred

Words and phrases which impart the character of negotiability to bills, notes, checks, etc., in which they are inserted; for instance, a direction to pay to A. "or order" cr "beare

To discuss or arrange a sale or bargain; to arrange the preliminaries of a business transaction. Also to sell or discount negotiable paper or assign or transfer it by indorsement a

The deliberation, discussion or conference upon the terms of a proposed agreement; the act of settling or arranging the terms and conditions of a bargain, sale or other business tr

Lat. In the civil law. Literally, a doing of business or businesses. A species of spontaneous agency or an interference by one in the affairs of another, in his absence, from benev

Lat In the civil law. A transacter or manager of business ; a person voluntarily constituting himself agent for another; one who, without any mandate or authority, assumes to take

The word "negro" means s black man, one descended from the African race, and does not commonly include a mulatto. Felix v. State, 18 Ala. 720. But the laws of the different states

An abbreviation for "non est inventus," he is not found.