Legal

That which is according to law. It is used in opposition to equitable: as, the legal estate is in the trustee, the equitable estate in the cestui que trust.

1, Conforming to the law; according to law; required or permitted by law; noi forbidden or discountenanced by law; good and effectual in law. 2. Proper or sullicient to be recognized by the law; cognizable in the courts; competent or adequate to fulfi Jl the requirements of the law. 3. Cognizable in courts of law, as distin-; guished from courts of equity; construed or if ) governed by the rules and principles of law, in contradistinction to rules of equity. 4, Posited by the courts as the inference or imputation of the law, a3 a matier of conatruction, rather than established by actual proof; ¢. g., legal malice. Sce LAWFuL. ——

— LEGAL ASSETS. That portion of the assets of a deceased party which by law is directly liable, In the hands of his executor sets as can be reached in the hands of an executor or administrator, by a suit at law against him.

2 1. Pertaining to the understanding, the exposition, the administration, the science and the practice of law: as, the legal profession, legal advice; legal blanks, newspaper, qq. v. 3. Allowed or authorized by law; as, legal — discretion, holiday, interest, tender, trade, qq. V. 3. Implied or imputed in law; opposed to actual: as, legal malice, q. v. 4. Sufficient to meet the requirements of law: as, legal — charity, condition, consideration, contract, covenant, cruelty, notice, obligation,* qq. v. 5. Appointed or designated by law: as, a legal representative, q. v. 6. Cognizable in a court of law; as opposed to equitable, cognizable in chancery: a3, legal — assets, defense, estate, interest, owner, proceedings, remedy, right, wrong, waste, qq. v. " Legal " looks more to the letter, and "lawful " to the spirit, of the law. " Legal " is more appropriate for conformity to positive rules of law; " lawful " for accord with ethical principle. "Legal" imports rather that the forms of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; " lawful " that the act is rightful • In substance, that mo"al quality is secured. " Legal " is, moreover, the antithesis of "equitable," and the equivalent of " constructive." * Compare Valid. Illegal. Contrary to law. 1. Without authority or support of law, «€ither common or statute. 3. In violation of law; in contravention <of the direction, requirement, or prohibition 'Of a law considered with reference to its letter or policy. Compare Error, 3 (3), Erroneous; Void. "Illegal " and " unlawful " are synonyms." Legality. The quality of conforming to law. Illegality. The quality of being in •conflict with law; also, an act or thing conitrary to some law.6 A contract may be "illfgal" because contrary to a constitution or a statute, or incon- ' 2 Bl. Oom. 512-14. * L. legalis; lex, law. 3 See Mattoon v. Monroe, 21 Hun, 83 (1880). ■< [3 Abbott's Law Diet, 24.] 'State V. Haynorth, 3 Sneed, 65 (1855). See also Chadboume v. Newcastle, 48 N. H. 100 (1888). sistent with sound policy and good morals as to the consideration or the thing to be done.' Illegality is of two sorts: it exists at common law, or is created by some statute. A contract illegal at common law is so because it violates morality, is opposed to public policy, or is tainted with fraud. ^ Some authorities hold that, though an illegal contract will not be executed, yet, when it has been executed by the parties themselves, and its illegal object has been accomplished, the money or thing which was the price of it may be a legal consideration between the parties for a promise, express or implied, and a court will not unravel the transaction to discover its origin.' A party to a contract, the making of which, although prohibited by law, is not malum in se, may, while it remains executory, rescind it and recover money advanced to the other party who had performed no part of the contract ' There is a distinction between a contract made in excess of power and a contract prohibited by statute or public policy; as there is between suing for the breach of an executoiy contract and suing to recover the value of property received and retained under a contract executed.on the part of the plaintiff.' If in any case it appears from the evidence that the claim of the complaining or moving party is against public policy or the law, so that in no ^event could he recover a final judgment, whatever be the nature or extent of the testimony upon the point at issue, the tribunal should not hesitate to dismiss the proceeding.' Within the condemned category are: agreements to pay — for supporting a candidate for a public office, orfor not being a candidate: for procuring an office; for procuring a government contract; for lobby services on a claim against the government; for not bidding on a contract to carry the mail; for procuring signatures for a pardon; for suppressing evidence; for a conveyance of what may come from an ancestor; for promoting a marriage; for influence in making a will; 4 for part of the fee one may get as special counsel for the government, designated by the plaintiff; ' for a percentage on arms sold to a foreign gov- ' Trist V. Child, 21 Wall. 448-49 (1874), cases; Yates v. Robertson, 80 Va. 484 (1885). ' Smith, Contracts, 178, ' Planters' Bank v. Union ■ Bank, 16 Wall. 500 (1873), cases, Strong, J. See also Armstrong v. Toler, 11 Wheat. 258, 268 (1826); Mc Blair v. Gibbes, 17 How. 236 (1854), cases; Brooks v. Martin, 8 Wall. 81 (1863), cases; Thomas v. City of Richmond, 12 id. 365 (1870), cases; Clarke v. Lincoln Lumber Co., 59 Wis. 662-65 (1884), cases; 31 id. 254; 10 Biss. 63; 102 U. S. 420. * Congress & Empire Spring Co. v. Knowlton, 103 U. S, 49, 58-60 (1880), cases. Woods, J. ' Slater Woolen Co. v. Lamb, 143 Mass. 421-22 (1887), cases. » Lee V. Johnson, 116 U. S. 52 (1885), Field, J. See emraent through the influence of a consul of that government.^ See Delictum, In pari, etc.; Estoppel; Fraud; Mandatory; Prohibition,!; Ratification; Usus, Utile. Xiegalize. To give the authority of law to that which lacks such authority: as, to legalize a nuisance; length of time will not legalize a nyisance; slavery was a legalized ' social relation. To conflrra or make valid what has been already done.^

1. Allowed by or conformable to law; obedient to the rules of law applicable to the subject; not inconsistent with the law of the land, as legal interest for use of money. 2. Cognizable in a court of law, as opposed to chancery; not dependent on equitable remedies for enforcement, as 3. Competent or sufficient to meet requirements of law; cognizable in courts of justice generally, as legal cruelty, legal representatives..4. Lnplied or imputed by the courts as a matter of construction rather than in view of actual proof, as legal malice. Legal and lawful are often used interchangeably; yet there is a slight shade of difference in the ideas suggested. Legal looks more to the letter of the law; lawful, to its spirit. Legal is more appropriate for conformity to positive rules; lawful, for accord with ethical principle. Legal imports rather that the forms of law are observed, that the proceeding taken is correct in method, that rules prescribed have been obeyed; lawful, that the act contemplated is rightful in substance, that moral quality is secured. Legal, moreover, is the proper antithesis of equitable, and the equivalent of constructive. Lawful estate or lawful malice are not much in use to mean an estate which a court of law particularly will protect, or malice which is imputed without evidence. Legal assets. Such property of a testator in the charge of his administrator or executor as is directly liable to the order and process of courts of law, in opposition to equitable assets, q. v. Legal cruelty. This phrase is used, in the law of divorce, to distinguish such degree of abuse, harshness, or violence, such character of cruelty, as warrants a divorce, from mere unkindness, amounting, perhaps, to cruelty in a certain sense, but not sufficiently aggravated to warrant a decree. See Gnu- Legal cruelty (such as, under Ga. Code, warrants a divorce) may be defined to be such conduct on the part of the husband as will endanger the life, limb, or health of the wife, or create a reasonable apprehension of bodily hurt; such acts as render cohabitation unsafe, or are likely to be attended with injury to the person or to the health of the wife. Odom v. Odom, 36 Ga. 286. Legal estate, or interest, or right, or title. A right in the nature of ownership, which is recognized by, and may be enforced in, courts of law, as dis- Thus one who holds a contract for the sale and conveyance of lands, for which he has paid the price, but has not yet received the deed, has an equitable estate; after the deed passes, he has the legal estate. Where an interest in real estate can be enforced In a court of law, it is a legal interest, or a legal estate. Avery v. Duf rees, 9 Ohio, 147. Legal holiday. A day designated by law as exempt from judicial proceedings, service of process, demand and protest of commercial paper, &o. See Holiday. A statute declaring a specified day a legal holiday imports, ex vi terminis, that it shall be dies rum juridicus. The act of a clerk, in docketing a judgment on that day, is void, notwithstanding there are no words in the statute prohibiting it. Re Worthington, 14 Bankr. Reg. 388. Legal incapacity. This expression implies that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, &c. An administrator has no right until letters are issued to him; therefore he cannot benefit (as respects the time before obtaining letters) by a saving clause in a statute of limitations in favor of persons under a legal incapacity to sue. Gates v. Brattle, 1 Root, 187. Legal intere.st. In one of the uses of this phrase, it signifies that rate of payment for the use of money which is, by the law of the state or country spoken of, allpwed to be exacted or reserved. See also Legal Estate. Legal irregularity. A pleonastic, indefensible phrase, but somewhat in use, signifying that the irregularity mentioned is in some legal proceeding. " Legal " here does not properly qualify " irregularity. ' ' To call an irregularity legal, in the direct sense, is nearly a contradiction in terras. Legal irregularity, in N. Y. Laws 1858, S74, ch. 338, relative to assessments for local improvements, means an omission of or irregularity in one or more of the statutory steps required in laying the assessment. Hay's Case, 14 Abb. Pr. 53. Legal malice. That this expression is used as the equivalent of constructive malice, or malice in law, see Humphries V. Parker, 52 Me. 502. Legal proceedings. This phrase is rate sense, it distinguishes proceedings in courts of law, as opposed to those in equity. Legal representative. One who represents the person and controls the rights of another, usually an executor or administrator. The term imports a higher authority than agent; for an agent acts for his principal, who retains the beneficial right; but the legal representative succeeds to the place of the former owner, and is vested with his title. The term legal representative is used to describe a party in interest whose identity is uncertain, but who has succeeded, or will succeed, to the right of the deceased, either by operation of law or by grant. Morehouse V. Phelps, 18 III. 472. The phrase legal representatives commonly means administrators or executors. People V. Phelps, 78 lU. 147. See also Cox V. Curwen, 118 Mass. 198. Legal representative, or personal representative, in the commonly accepted sense, means administrator or executor. But this is not the only definition: it may mean heirs, next of kin, or descendants. Warnecke v. Lembea, 71 111. 91.. The husband is not, by virtue of the marital relations, the legal representative of his deceased wife. Saltmarsh v. Candia, 51 A^. //. 71. The widow has been held, as matter of construction of a bequest, included in the term legal representatives of her deceased husband. Johnson v. Johnstone, 12 Rich. 269. In the administration of the United States public lands laws, a difficulty having occurred at the land-office in respect to the form of patent certificates and of patents, arising out of applications to have them issued in the name of the assignee, or present claimant, thereby imposing upon the office the burden of inquiring into the derivative title presented by the app Ucant, a practice was adopted of issuing the patent certificate, and even the patent, to the original grantee, " or his legal representatives." This formula, " or his legal representatives," embraces representatives of the original grantee in the land, by contract, such as assignees or grantees, as well as by operation of law, and leaves the question open to inquiry in a court of justice as to the party to whom thecertificate, patent, or confirmation should inure. Hogan v. Pa2;e, 2 WaU. 605; Galloway V. Finley, 12 Pet. 264. Legal reversion. In the Scotch law, the period (seven years) within which a proprietor is at liberty to redeem land adjudged from him for debt. Scotch Diet. Legal tender. That currency, circulating medium, or description of money, which, by law, a debtor may offer and a

that which is according to law. It is used in opposition to equitable, as the Jegal estate is in the trustee, the equitable estate, in the cestui que trust. Vide Powell on Mortg. Index, h. t.