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Neutrality

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

The state of a nation which takes no part between two or more other nations at war with each other. The strict definition rather imports the duty which a neutral owes to a belligerent, than the relative situation in which that belligerent chooses to place her. But as it rests with every belligerent to determine, according to its views of expediency, in what way it will deal with neutrals who have acted in violation of their duty; neturality, therefore, in a more enlarged sense, may signify that permitted relation between any two states, after the right to its continuance has been forfeited by one of them.

1 M. & S. 459.

Neutrality consists in the observance of a strict and honest impartiality, so as not to afford advantage in the war to either party, and particularly in so far restraining its trade to the accustomed course which is held in time of peace as not to render assistance to one of the belligerents in escaping the effects of the other's hostilities. Even a loan of money to one of the belligerent parties is considered a violation of neutrality.

9 J. B. Moore, 586.

A fraudulent neutrality is considered as no neutrality. NEVER INDEBTED (Law Lat. wmgwom tract, substituted by the late pleading rules in place of the plea of nil debet {q. v.) Reg. Hillary Term, 4 Wm. IV.; Steph. PI.

156.

The substance of it is that the defendant "never was indebted in manner and form as in the declaration alleged." Id. It is made the proper form of plea in cases where the defendant means to deny, in point of fact, the existence of any express contract to the effect alleged in the declaration, or to deny the matters of fact from whicli such conti'act would, by law, be implied.

Wharton,