Page:Black's Law Dictionary (Second Edition).djvu/812

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NATIONS, LAW OF NATIONS, LAW 01‘. See Inri:izNA'rxoN- AL Law.

NATIVE. A natural-born subject or citizen; a denizen by birth; one who mves his domicile or citizenship to the fact of his birth within the country referred to. The term may also include one born abroad, if his parents were then citizens of the coiuitry, and not perniaueutly residing in foreign p.irL=. See U. S. v. Wong Kim Ark, 169 U. s. 6-19, 13 Sup. ct. 456, 42 L. Ed. 890; New H.iltfO1‘d v. Canaan. 54 Conn. 39, 5 Ati. 360.

NATIVUS. Lut. In old English law, a native; specifically, one born into a condition 01' servitude; a born serf or v-iliein.

A niefe or female viliein. so caii- ed because for the most part bond by nntivit . Go. Litt. l22b.—N.ativi conventionarii. V - ll‘lL|S or boudulen by \:0I.|l.)'i1CL or agreement.- Nativi de stipite. Villeins or bondmen by hiilh or stock. Uos\eil.—Nativitas. Villeu- age; that suite in which men were born slaves. I Mon. Angi. 613. Nativo habendo. A writ which lay for a lord when his viliein had run nvuiy from him. It was directed to the sherilf, and commanded him to apprehend the viliein, and to restore hiin together with his goods to the lord. Brown.

Natlu-a app-stit pea-feetnm; its at lex. Nature covets perfection; so does law also. Hob. 1-1-1.

NATURA BREVIUM. The name of an ancient collection of original writs, accompzinled with brief comments and explanations, compiled in the time of Edward 111. This is couiniouiy called “Old Natura Brevium," (or "0. N. B..") to distinguish it from l.<‘itzher- hert's Natnra Bi-evium, a later walk, cited as “F. N. B.," or “Fitzh. Nat. Brev.”

Natura fide jussionis sit strictissiini ,1ui-is et non durnt val extendatur do no ad I'.'e1Il, do persona nd personam, do tempura ad tempus. The nature of the contract of sui-etyship is strictissimi jm-is, and cannot endure nor be extended from thing to thing, from person to person. or from time to time. Burge, Sur. -10.

Natui-n non facit saltum; its nan lax. Nature makes no leap, [no sudden or irregu- lar moiemc-nt;] so neither does law. Co. Litt 238. Applied in old practice to the regninr observance of the degrees in writs of entry, which could not be passed over per sultum.

Natura non facit vacuum, nee lex III- pervnennm. Nature makes no vacuum, the is“ nothing puiposeless. Co. Litt. 79.

Natui-an w-is maxlma; _nu.tu1‘n his max- ima. The force of nature is greatest; nature is doubly great. 2 Inst 50-L

NATURAL. The jurlstic meaning of this term does not dififer from the vernacular, except in the cases where it is used in op-



position to the term “legal;" and then means proceeding from or determined physical causes or conditions, as dlshg ed from positive enactments of law, or tributable to the nature of mun rather l to the commands of law, or based upon morn rather than legal considerations or ssnct —Natu:ral affection.

sis_ts between near rcla ves, as a


law. One born within the duiuiuious, or n within the allegiance, of the king of Engh ~ Natural fool. person born without uu standing; a born tool or idiot Sometimes

ed, in the old books, a "natural (her. 11, 132 N, C. 2i3, 43 S. E life. The period between birth and nuts death, as distinguished from civil death, (41.

..C,_mrmeL.. ..Cm1d'.. “D y'.. .. cile,” “Eqnity." “Fruits." “Guardian, uI,,fancy'.. ..

“Posscssion," “I’resumption.“ "Right ' cession,” "Water-course," and “Yen those titles.

NATURAL LAW. A rule or couduci arising out of the natural relations of human beings, established by the Creator, and exist ing prior to any positive precept. WehSlP|. The foundation of this law is placed by the best writers in the will of God. discovered by right reason, and aided by divine renaistion; and its principles, when applicable, apply with equal obligation to individuals and to nations. 1 Kent, Comm. 2, note; id. -1, note. See Jns NA'roimLE.

The rule and dictate or right reason, showing the moral deforniity or moral necessity there is in any act, according to its suitable- ness or unsnitableness to a reasonable nature. Tayl. Civil Law. 99.

This expression, “natural law," or ius nut- male, was iurgely used in the philosophical speculations of the Roman jurists of the Auto- nine age, and was intended to denote a system of ‘rules and principies for the guidance of hu- man conduct which, independently of enacted law or of the systems peculiar to any one pn- ple. might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mentai, inorai, and bysicai constitution. The point of departure or this cocneption was the stoic doctrine of a life ordered “according to nature," which in its turn rested upon the purely supposititious existence. in primitive tfimes, of a "state of nature;" tbiit is, a condition of society in which men uni- versally were governed solely by a rational and consistent obedience to tile needs, impulses, and promptings of tbelr true nslurs, such nature being as yet undefaced by dishonesty, faisehoud, or indulgence of the baser passions. See Maine,

di 'ne, according as they have man or God for their author; and divine laws are of two kinds. that is to say: (1) Natural laws; (2) positive or i-eveaied isus. A natural law is defiumd by Burlamnqui to be "a ruie which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace nud happiness of society can never be preserved"

And he says that these are called "natural