Page:Black's Law Dictionary (Second Edition).djvu/816

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NEAP TIDES

does not aifect its negotlahility. Fleckner V. Bank of United States, 8 Wheat. 338, 5 L. Ed. 631.

NEAP TIDES. Those tides which happen between the full and change of the moon, twice in every twenty-four hours. Tesche- inacher v. Thompson, 18 Cal. 21, 79 Am. Dec. 151.

NEAR. This word, as applied to space, can have no positive or precise meaning. It is a relative term. depending for its significntion on the subject-matter in relation to which it is used and the circumstances under which lt becomes necessary to apply it to surrounding objects. Barrett v. Schuyler County Court, 44 310. 197; People v. Collins. 19 Wend. (N. Y.) 60; Boston & P. R. Corp. V. Midland R. Co., 1 Gray (Mass) 367: Indiaiiapoiis & v. R. Co. v. Newsoin. 54 Ind. 125; Holcomb v. Danby. 51 Vt. 428.

NEAT, NET. The clear weight or quantity of an article, without the bag, box, keg, or other thing in which it may he enveloped.

NEAT CATTLE. oxen or heifers. "Beeics" may include neat stock, but all neit stock are not beeves. Castello v. State, 36 Tax. 324; Eluhotter v. Stete. 32 Tex. 479.

NEAT-LAND. Land let out to the yeo- |nan.i‘y. Cuuc-ll.

NEATNESS. In pleading. The state ment in apt and appropriate words of all the necessary facts, and no more. Lawes. P1. 62.

Nee curiu flefloeiret In justitin exhi- lzenr1a.. Nor should the court be deficient in showing justice. 4 Inst. 63.

Na: tempos neo locus oeoun-it regi. Jenk. Cent. 190. Neither time nor place at- fects the king.

Neo veniam efluso sanguine easns hu- lzet. Where blood is si-ilied, the case is un- upardonuhle. 3 Insl’. 57.

Nee Veniam, 1:250 numine, casuu hu- lzat. Where the Divinity is insulted the case is unpardonnble. Jenk. Cent. 167.

NECATION. The act of killing.

NECESSARIES. Things indispensa-ble, or things proper and useful, for the suste- nance or human life. This is a relative term. and its meaning will colltrnct or expand ac cording to the situation and social condition of the person referred to, Megraw v. Woods, 93 Mo. App. 647. (‘-7 S. W. 709; Warner V. Heiiien, 28 Wis. 517, 9 Am. Rep. 515: Artz V. Robertson. 50 Iil. App. 27, Conant v. Burnham, 133 Mass. 505. -13 Am. Rep. 532.

In reteienie to the cuntracts of infants,

808

NECESSITAS EST LEX

this term is not used in its stlictest sense. nor iimiled to that which is required to sustain life. Those things which are proper and suitable to each individual, according to his circumstances and condition in life, are no ess-irics, if not supplied from some vtliif source. See Hainilton v. Lane, 138 lieu. 360; Jordan v. Cofficld. 70 N. C. 113; l\iidllo~ bury College v. Chandler. 16 Vt. 6§, 42 Am. Dec. 537; Breixl v. J iiild. 1 Gray (Mass) 41

In the case of ships the term “necessarles" means such things as are fit and proper for the service in which the ship is cngmcd, and such as the owner, being a prudent men. would have ordeied if present; 6. 9.. acnhois, rigging. repairs, victuals. Maude & P. Shipp. 71. 113. The master may hypothecnie the ship for DeCeSS.ll'l(‘S sunpiied abroad so as to hind the owner suer-I‘. See The Ply- mouth Rocls. 19 Fed. Cus. S38: lliihbiird v. ltoach (0. C.) 2 Fed. 394; The Gustavla, 11 Fed. Cas. 126.

Neceesaz-ium est quad non potent aliter no lmhera. That is necessary which cannot be otherwise.

NECESSARIUS. Lat. Necessary: Una avoidable; inillsl-enszihle; not admitting of choice or the action of the will; needful.

NECESSARY. As used in Jurisprudence, the word “necessary" does not aiways import an absolute physicai necessity. so strong that one thing, to which another miiy be termed "necessary." cannot exist without that oI.her. It frequently imports no more than that one thing is convenient or useful or essential to another. To employ the means necessary to an end is generally understood as employing any means calculated to produce the end, and not as being confined to those single means without which the end would be entirely unattainable. ML-Ciillnch v. Maryland. 4 Wheat. 316, 413, 4 L. Ed. 579.

As to necessary "Damages," "Deposit," “Doniicile," “Implication." “Intromission," "Parties," “Repairs," and “Way," see those titles.

NECESSITAS. Lat. Necessity; a force. power, or influence which compels one to act against his will. Calvin.

—Necessitas culpabilis. Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not ieave the doer entirely free from blame. The necessity which compels a men to kill another in self-defense is thus distinguished from that which requires the killing of a felon. See 44 Bl. Comm. 1S7.—Trinoda necessitas. In Saxon law. The threefold necessity or burden; a term used to denote the three things from contributing to the performance of which no lands were exempted. viz., the repair of bridges, the building of castles, and military service against an enemy. 1 BL Comm. 263. 357.

Neeassitan eat lex telnpox-is et loci. Necessity is the law 01 time and of place 1

Haie, P. C. 54.