Page:Black's Law Dictionary (Second Edition).djvu/817

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NECESSITAS EXCUSAT

Nccessitas exeusat not extennnt de- liotnm in eapitalibns, quad non operator idem in civilibns. Necessity excuses or exteumles u delinquency in capital cuses, which has nut the some operation in civil cases. Blur. Max.

Necessitas facit licitnm quod alias non elt ucitum. 10 Coke, (31. Necessity makes thnr lawful which otherwise is not lawful.

Nocessitas inducit privilcgium lllllllld jurn plriveta. Bac. Max. .1 Necessity cues a priviiege with reference to primte runs. The necessity involved in this maxim is of three kinds, viz.: (1) Necessity of self prewrvntion; (2) of obedience; and (3) necmuty resulting from the act of God, or of a seiner-ger. Soy, Max. 32.

Neoessitas non hebet legem. Necessity has no law. Plowd. 1Er1. "Necessity shall be u good excuse in our low, and in every other isw." ld.

Necessitns publica major est quam pri- vxta. Public necessity is greater than pri- vate "Denth," it has been observed. "is the l-1.=t and furthest point of particular necessity, and the law imposes it upon every Suh- jr-ct lhot he prefer the urgent service of his king and country before the safety of his life." l\'oy, Max. 34; Broom, Max. 18.

Necessitas qnod eogit, defendit. Ne- u=<<it_v defends or justifics what it compels. 1 Hole. P. C. 54. Applied to the acts of a shcrill‘, or ministerial officer, in the execution of his ofice. Broom, Max. 14.

Necessitas sub legs nun oontinetur. qnia. quad alias non e_st lleitum neceslitas facit lieitum. 2 Inst. 326. Necessity is not restrained by law; since what other- wise is not lawful necessity makes laWi'uL

Necessitas vlneit legem. Necessity oxen-ules the law. Hob. 144; Cooley, Const. Liln. (4th Ed.) 747.

Necessitas Irlncit legem; leg'|1:In Irinenla. irrldet. Hob. 144. Necessity over- comes low; it derides the fetters of laws.

NECESSITUDO. Lot. In the civil law. An ohligation; a close connection; relationship by blood. Calvin.

NECESSITY. Controlling force; irresistible compulsion: a power or impulse so great that It admits no choice of conduct. When it is said that an act is done “under necessity.” it may he. in In“. either of three kinds of necessity: (1) The necessity of pre serving one's own iite, which will excuse a homicide; (2) the ne(essity of nheclience, as to the laws, or the obedience of one not so-1' iurix to his superior; (3) the necessity cous-

809

NEGATIVE

ed by the aci of God or a stranger. See

Jacob; Mnzlcv & Whitley.

A constraint upon the will yvhereby a person is urged to do that which his judgment disapproves, nnd which, it is to be prcsnrned, his mil git iett to itself) would reject. A man, there- ore, is excused for those actions which are done through unavoidable force and compulsion. Wharton.

—Necessity, homicide by. A species of justifinble homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and vuthont any inodvertence or negligence in the party killing, and therefore without any shndmv of biome. As, for instance, by virtue of such an oilice as obliges one-. in, the execution of public justice, to put I1 lnalefucmr to death “ho has forfeited his life to the l'iWS of his country But the law must

require it. otheruise it IS not justifiabie. 4 Bl. Comm. 178 NECK-VERSE. The Latin sentence,

“lliserere moi. Deus," was so called. because the reading of it was made a test for those who claimed iyenefit of clergy. NECROPI-IILISM. See INSANITY. NECROPSY. An autopsy, or postmortem examination of a human body.

NEEDLESS. In a statute against “need- less" killing or mutilation of any animal, this term denotes an act done without any useful motive, in a spirit of nanton cruelty, or for the mere pleasure of destruction. Gilse v. State, 37 Ark. 400.

NEFAS. Lat That which is against right or the divine law. A wicked or impl- ous thing or act. Galvin.

NEPASTUS. Lat. Inuuspiclous. Ap- [1liPd. In the Roman Inn‘. to I1 day on which it was nnlawful to open the courts or admin- ister justice.

Negatio eonelusionin est error in lege. Wing. 368. The denial of a CDL\ClllSlOI] is error in law

Negatio destruit negationeln, et am- Izaa feeiunt eifirmeitionem. A negative destroys a negative, and both make an at- flrmative. Co. Litt. 140?). Lord Coke cites this as a ruie of gianxniatlcal construction, not always applying in law.

Negatin duplex est eflrmatio. A double negathe is an ntfirmntive.

NEGATIVE. A denial: a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. Steph. Pl. 386, 3ST. —Negntive nvermant. As opposed to the traverse or simple denial of an affirmative aliegation, a negative avermenc is an allegation of some substantive fact, 2. g., that premises ore not in repair, which, although negative in form, is really nfirmative ].n suhstance, and the

party alleging the fact of non-repair must prove