Unlawful

That to which the law Is opposed. It is not strictly synonymous with "illegal," though so used quite often. "Illegal" means positively forbidden, while "unlawful" may include things which are immoral, or against public policy. Sweet.

That which Is contrary td strued as not having a husband or wife at law. the time in question. 9 H. L. Cas. 601. A See Condition; Void. divorced woman has been held an unmarried

That which is contrary to law. "Unlawful" and "illegal" are frequently used as synonymous terms, but, in the proper sense of the word, "unlawful," as applied to promises, agreements, considerations, and the like, denotes that they are ineffectual in law because they involve acts which, ui-thougb not illegal, i. e., positively forbidden, are disapproved of by the law, and are therefore not recognized as the ground of legal rights, either because they are immoral or because they are against public policy. It is on this ground that contracts in restraint of marriage or of trade are generally void. Sweet. And see Hagerman v. Buchanan, 45 N. J. Eq. 292, 17 Atl. 946, 14 Am. St. Rep. 732; Tatum v. State, 66 Ala. 467; Johnson v. State, 66 Ohio St. 59, 63 N. E. 607, 61 L. R. A. 277, 90 Am. St. Rep. 564; Pinder v. State, 27 Fla. 370, 8 South. 837, 26 Am. St. Rep. 75; MacDaniel v. U. S., 87 Fed. 321, 30 C. C. A. 670; People v. Chicago Gas Trust Co., 130 111. 268, 22 N. E. 798, 8 L. R. A. 497, 17 Am. St. Rep. 319.

— Unlawful assembly. At common law. The meeting together of three or more persons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution of some unlawful private enterprise. If they take stej)s towards the performance of their purpose, it becomes a rout; and, if they put their design into acfual execution, it is a riot. 4 Bl. Comm. 146. Any meeting of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the subjects of the realm. 4 Steph. Gomm. 254.

— Unlawful detainer. The unjustifiable retention of the possession of lands by one whose original entry was lawful and of right, but whose right to the possession has terminated and who refuses to quit, as in the case of a tenant holding over after the termination of the lease and in spite of a demand for possession by the landlord. McDevitt v. Lambert, 80 Ala. 536, 2 South. 438; Silva v. Campbell, 84 Cal. 420. 24 Pac. 316; Code Tenn. 1896, § 5093. Where an entry upon lands is unlawful, whether forcible or not, and the subsequent conduct is forcible and tortious, the offense committed is a "forcible entry and detainer;" but where the original entry is lawful, and the subsequent holding forcible and tortious, the offense is an "unlawful detainer" only. Pullen v. Boney, 4 N. J. Law, 129.

— Unlawful entry. An entry npon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong. Dickinson v. Maguire, 9 Cal. 46 ; Blaco v. Haller, 9 Neb. 149, 1 N. W. 978.

Contrary to law; illegal. Unlawfully: illegally. It is not necessary, in an indictment which charges an offence in the precise words of the statute, to employ, in addition, the word unlawful, or any other word showing a wrongful intention. United States v. Thompson, 6 Mc Lean, 56. " Injuriously and wrongfully " is as good as " unlawfully," in an indictment. State V. Vermont, &o. K. R. Co., 27 Vt. 103.

is that which is contrary tolaw. There are two kinds of contracts which are unlawful; those which are void, and those which are not. When the law expressly prohibits the transaction in respect of which the agreement is But when it is merely prohibited, without being made void, although unlawful, it is not void. 12 Serg. & Rawle, 237; Chitty, Contr. 230.