Civil

Pertaining to a citizen, as civil rights (9- V.) In contradistinction to "barbarous" or "savage," indicates a state of society reduced to order and regular government. Thus, we speak of civil life, civil society, civil government and civil liberty. In contradistinction to "criminal," to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government. Thus, we speak of civil It is also used in contradistinction to "military" or "ecclesiastical," to "natural" or "foreign." Thus, we speak of a civil station, as opposed to a military or an ecclesiastical station; a civil death, as opposed to a natural death; a civil war, as opposed to a foreign war. Story, Const. § 789; 1 Bl. Comm. 6, 125, 251; Montesquieu, Sp. Laws, bk. 1, c. 3; Rutherforth, Inst. bk. 2, c. 2; Id. c. 3; Id. c. 8, p. 359; Heinec. Elem. Jur. Civ. b. 2, c. 6.

In its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the community or to the policy and government of the citizens and subjects of a state. In the language of the law, it has various significations. In contradistinction to' barbarous or savage, it indicates a state of society reduced to order and regular government; thus, we speak of civil life, civil society, civil government, and civil liberty. In contradistinction to criminal, it indicates the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus, we speak of civll process and criminal process, civil jurisdiction and criminal jurisdiction. It is alse used in contradistinction to military or ecclesiastical, to natural or foreign; thus, we speak of a civil station, as opposed to a mllitary or an ecclesiastical station; a civil death, as opposed to a natural death; a civil war, as opposed to a foreign wav. Story, Co.nst § 791.

— Civil responsibility. The liability to be called upon to respond to an action at law for an injury caused by a delict or crime, as opposed to criminal responsibility, or liability to be proceeded against in a criminal tribunal.
—-Civil side. When the same court has jurisdiction of both civil and Criminal matters, proceedings of the first class are often said to be on the civil side ; those of the second, on the criminal side. As to civil "Commotion," "Corporations," "Death," "Injury," "Liberty," "Obligation," "Officer," "Remedy," "Rights," and "War," see those titles.

Relating to or affecting a person as a citizen, or relating to or affecting the rights or duties of a citizen, particularly as between one citizen and another; existing or originating among citizens, as civil war; existing in contemplation of law, as, life or death; pertaining to the administration of government, as, civil ofi Bce or by equal laws, as, rights or liberty. Civil action or remedy: an action brought to recover some civil right, or to obtain redress for some wrong, not a crime or misdemeanor. Civil corporations: one of the two classes into which lay corporations are divided; the other division embracing what are termed eleemosynary corporations. Civil deatii: that change of a person's civil condition which is produced by certain acts or offenses on his part, and which extinguishes his civil rights and capacities, as natural death extinguishes his bodily existence. Civil injury: an infringement or privation of some civil right, which is a subject for civil redress or compensation, as distinguished from a crime, which is a subject for punishment Civil law: the Roman law, as comprised in the Code, Pandects, Institutes and Novels of Justinian, and his successors, constituting together what is termed the Corpus Juris Civilis, as distinguished from the canon and common law; that system of law which a community, state or nation establishes for its own peculiar government, municipal law. Civil liberty: the liberty of a member of society, being a man's natural liberty, so far restrained by human law as is necessary and expedient for the general advantage of the public. Civil right: the right of a citizen; a right due from one citizen to another, the privation of which is a civil injury, for which redress may be sought by a civil action.

In American law. Civil damage act: a statute which gives a right of action for damages against a seller of intoxicating liquor, on behalf of the wife or family of the buyer, where they have been injured byieason of his intoxication. Civil rights: various rights of citizenship secured by the thirteenth and fourteenth amendments to the federal constitution. Jn English law. Civil list: an annual sum granted by parliament, at the beginning of each reign, for the expenses of the royal household and establishment, as distinguished from the general exigencies of the state.

In its original sense, this word means pertaining or appropriate to a member of a civitas or free political community; natural or proper to a citizen. Also, relating to the community, or to the policy and government of the citizens and subjects of a state. In the language of the law, it has various significations. In contradistinction to barbarous or savage, it indicates a state of society reduced to order and regular government; thus, we speak of civil life, civil society, civil government, and civil liberty. In contradistinction to criminal, it indicates the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus, we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction. It is also used in contradistinction to military or ecclesiastical, to natural or foreign; thus, we speak of a civil station, as opposed to a military or an ecclesiastical station; a civil death, as opposed to a natural death; a civil war, as opposed to a foreign war. Story, Const. § 791.

Pertaining to the citizen (Lat. civis) — the free inhabitant of an independent city, in distinction from the government, the soldier, the peasant, the ecclesiastic, and persons of other classes.' 1. Contrasted with barbarous or savage, natural or uncivilized, denotes a state of society reduced to order and regular government: as in speaking of civil — liberty, government, rights, society, qq. v. 2. Originating or existing among, pertaining to, or affecting, fellow-citizens of the > 1 Bl. Com. 114. ' Van Blper v. Parsons, 40 N. J. L. 4 (18IS). s Peoples. Stephens, 62 Cal. 236 (1882): Gal. Const,, Art. X, sec. 19. 4 New Orleans v. Clark, 05 U. S. 654 (1877), Field, J. 'See Kilgore r. Magee, 85 Pa. 411 (1877); 77 id. 346; 88 id. 268; 96 id. 422; 108 id. 377; 15 W. N. C. 209; 32 Kan. 431; 82 Mo. 388. ' State ex rel. Attorney-General v. Hudson, 44 Ohio St. 139 (1886), cases; Heck v. State, ib. 539 (1886). ' People V. Kelly, 76 N. Y. 487 (1879). 8 A "civil " man once was one who fulfilled all the duties flowing from his position as a civia, and his relations to the other members of the civitaa to which he belonged, and " civility " was the condition in same state or nation, and opposed io foreign: as, a civil — commotion, rebellion, war, q. v. 3. Accorded by just and equal laws; as opposed to political or that which is actually or practically enjoyed under law: as, again, civil — rights or liberty, qq. v. 4. Existing in contemplation of law; attributable under municipal law; and contrasted with natural: as, civil — life, death, disability, qq. v. 5. Concerning the rights of and wrongs to individuals considered as private persons, in contradistinction to criminal or that which concerns the whole political society, the community, state, government: as, civil — action, case, cause, code, court, damage, injury, jurisdiction, law, obligation or responsibility, proceeding, procedure, process, remedy, report, side, qq. v. 6. Pertaining to the administration of government, and contrasted with military and ecclesiastical: as, civil — office, officer, tenure, qq. V. " Civil " is used, in contradistinction to " barbarous " or " savage," to indicate a state of society reduced to order and regular government; to "criminal," to indicate the private rights and remedies of men as members of the community, in contrast to those which are pubhc, and relate to the government; to "military" and "ecclesiastical;" to "natural " or "foreign." In the Constitution, seems to be contradistinguished from '* military," to indicate the rights and duties relating ■ to citizens generally, as distinct from those of persons engaged in the land and naval service of the government. ^ Civiliter mortuus. Civilly dead. See Civil, 4.

Used in contradistinction to criminal, or ecclesiastical, or military, or political, or barbarous. Civil action: one grounded on a private right, seeking to enforce it, or to obtain compensation for a private injury. CivU corporation: a lay corporation not eleemosynary; municipal or trading corporations. Civil death: the privation or extinction of a person's legal rights and capacities, as when a man became outlawed, attainted, or entered a monastery. Civil injury: the private wrong resulting from a breach of contract, a tort, or a crime. Civil lavr: 1. The Roman law, as expressed by Justinian and his successors; V. Corpus juris civilis. 2. Municipal law, the law of a nation as distinguished from the law of nations.. 3. Not criminal law. Civil liberty: a man's liberty as restrained by law. CivU list: in England, the sum appropriated for the expenses of the royal household and establishment. In the U. S., the general expenses of the government, except for the army and navy.

[Lat. civilis, q. v.] Belonging or relating to, or affecting a person as a citizen (civis.) Relating to, or affecting the rights or duties of a citizen, particularly as between one citizen and another. Relating to the community, or to the policy and government of the citizens and subjects of a state. Webster. The meaning of this term will be best understood from its application, as under the following heads.

This word has various s. 4, provides, that the president, significations. 1. It is used in con- vice president, and all civil officers tradistinction to barbarous or sav- of the United States, shal] be reage, to indicate a state of society re- moved from office on impeachment duced to order and regular govern- for, and conviction of, treason, briment; thus we speak of civil life, bery, or other high crimes and miscivil society, civil government and demeanors. By this term are incivil liberty. 2. It is sometimes cluded all officers of the United used in contradistinction to criminal, States who hold their appointments to indicate the private rights and under the national government, remedies of men, as members of the whether their duties are executive community, in contrast to those, or judicial, in the highest or the which are public and relate to the lowest departments of the governgovernment; thus we speak of civil ment, with the exception of officers process and criminal process, civil of the army and navy. Rawle on jurisdiction and criminal jurisdiction. Const. 213; 2 Story, Const. § 790; 3. It is also used in contradistinction a senator of the United States, it to military or ecclesiastical, to natu- was decided, was not a civil officer, ral or foreign; thus we speak of a within the meaning of this clause in Appx. 57, 58; Rawle, Const. 213; Serg. on Const. Law, 376; Story, Const. ) 791. ‘CIVIL REMEDY, practice; this term is used in opposition to the remedy given by indictment in a criminal case, and signifies the remedy which the law gives to the party against the offender. In cases of treason and felony, the law, for wise purposes, suspends this remedy in order to promote the public interest, until the wrongdoer shall have been prosecuted for the public wrong. 12 East, 409; R. T. H. 359; 1 Hale’s P. C. 546; 2 T. R. 751, 756; 17 Ves. 329; 4 Bl. Com. 363; Bac. Ab. Trespass, E 2; and Trover, D. This is the principle of the common law; it has been adopted in New Hampshire. N. H. Rep. 239; it has been changed in New York by statutory provision, 2 Rev. Stat. 292, § 2, and by decisions in Massachusetts, except perhaps in felonics punishabte with death, 15 Mass. R. 333; in Ohio, 4 Ohio R. 377; in North Carolina, 1 Tayl. R. 58. By the common law, in cases of homicide, the civil remedy is merged in the felony. 1 Chit. Pr. 10. Vide art. Injuries, Merger.