LAWFUL

Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law. The principal distinction between the terms “lawful” and “legal” is that the former contemplates the substance of law, the latter the form of law. To say of an act that it is “lawful” implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is “legal” implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense “illegal” approaches the meaning of “invalid.” For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful. Further, the word “lawful” more clearly implies an ethical content than does “legal. The latter goes no further than to denote compliance, with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility. A further distinction is that the word “legal” is used as the synonym of “constructive,” which “lawful” is not. Thus “legal fraud” is fraud implied or inferred by law, or made out by construction. “Lawful fraud” would be a contradiction of terms. Again, “legal” is used as the antithesis of “equitable.” Thus, we speak of “legal assets,” “legal estate,” etc., but not of “lawful assets,” or “lawful estate.” But there are some connections in which the two words are used as exact equivalents. Thus, a “lawful” writ, warrant, or process is the same as a “legal” writ, warrant, or process. Lawful age. Full age; majority; generally the age of twenty one years, though sometimes eighteen as to a female. See McKim v. Handy, 4 Md. Ch. 237. Lawful authorities. The expression “lawful authorities,” used in our treaty with Spain, refers to persons who exercised the power of making grants by authority of the crown. Mitchel v. U. S., 9 Pet. 711, 9 L. EM. 283. Lawful discharge. Such a discharge in insolvency as exonerates the debtor from his debts. Mason v. Haile, 12 Wheat. 370, 6 L. Ed. 660. Lawful entry. An entry on real estate, by one out of. possession, under claim or color of right and without force or fraud. See Stouffer v. Harlan, 68 Kan. 135, 74 Pac. 613, 64 L. R. A. 320, 104 Am. St. Rep.. 396. Lawful goods. Whatever is not prohibited to be exported by the positive of frankalmoign is reserved by St. 12 Car. II., which abolished military tenures. 2 Bl. Comm. ?, 101. Lay impropriator. In English ecclesiastical law. A lay person holding a spiritual appropriation. 3 Steph. Comm. 72. Lay investiture. In ecclesiastical law. The ceremony of putting a bishop in possession of the » temporalities of his diocese. Lay judge. A judge who is not learned in the law, i.e., not a lawyer; formerly employed in some of the states as assessors or assistants to the presiding judges in the nisi prius courts or courts of first instance. Lay people. Jurymen. Layman. One of the people, and not one of the clergy; one who is not of the legal profession; one who is not of a particular profession.