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LAW OF HIS RESIDENCE

Code Civ. Proc. § 390, provides that, where a cause of action not involving real estate within the state accrues against a nonresident, an action cannot be brought thereon in the state after the expiration of the time limited by the "law of his residence" for bringing a like action. Held, that the phrase "law of his residence" means the law of the debtor's residence at the time the cause of action accrued, and not the time when the action was commenced. Utah Nat. Bank v. Jones, 96 N. Y. Supp. 338, 339, 109 App. Div. 526.

LAW OF THE LAND

See Due Process of Law. LAW OF NECESSITY

The "law of necessity," as applied to the power to punish for contempt, is the law of self-defense. People ex rel. Attorney General v. News-Times Pub. Co., 84 Pac. 912, 967, 35 Colo. 253 (adopting definition in Thomas, Constructive Contempt).

LAW OF THE ROAD

The custom of the road, and the law founded on it, to go to the right of the center of the road in order to safely pass governs the case of vehicles passing on the same side of the roads and streets so wide that there is no necessity for them to turn to the right of the center line in order to pass safely. Wright v. Fleischman, 85 N. Y. Supp. 62, 41 Misc. Rep. 533.

LAW OF THE STATE

The "laws of a state" are such enactments as its Legislature promulgates, and as expounded by its courts, and a state statute has such meaning as the judicial department of the state construes it to have, though without such judicial construction the federal courts might from its language construe

it differently. Commonwealth v. International Harvester Co. of America, 115 S. W. 703, 706, 131 Kỵ. 551, 133 Am. St. Rep. 256; American Tobacco Co. V. Commonwealth (Ky.) 115 S. W. 755, 756.

United States is entitled to priority, insolvency laws are "laws of the states," although their operation is suspended by the bankruptcy act. In re Bennett, 153 Fed. 673, 687, 82 C. C. A. 531 (citing In re Wright, 95 Fed. 807).

The phrase "laws of the states," as used in Bankr. Act July 1, 1898, providing for the payment of debts owing to any person who, by the "laws of the states," or the United States, is entitled to priority, means that the priorities must be determined by the laws of the particular state where the proceeding is pending, and not by the laws of all the states together. In re P. J. Potter's Sons, 143 Fed. 407, 411.

A county ordinance regulating sheep grazing, and imposing a license tax thereon "is a law of this state" within Pen. Code, § 435, providing that every person commencing or carrying on any business for which a license is required by any "law of this state," without taking out or procuring the license prescribed, is guilty of a misdemeanor. Plumas County v. Wheeler, 87 Pac. 909, 913, 149 Cal. 758; Sierra County v. Flanigan, 87 Pac. 913, 149 Cal. 769 (citing In re Lawrence, 11 Pac. 217, 69 Cal. 608).

Municipal ordinances are "laws of the state," within the provisions of Pen. Code, § 435, making it a misdemeanor for a person to carry on any calling for the transaction of which a license is required by any law of the state, without taking out or procuring the prescribed license. Ex parte Sweetman, 90 Pac. 1069, 1070, 5 Cal. App. 577; Ex parte Bagshaw, 93 Pac. 864, 865, 152 Cal. 701.

LAW STUDENT

See Student.

LAW OF THE UNITED STATES

Congressional enactments having general application throughout the United States, and not the purely local laws of the District of Columbia, are what are meant by the provision of the Federal Judicial Code, 250, for the appellate review in the Federal A provision in a note that the same shall Supreme Court of judgments and decrees of be construed by the "laws of the state" of the court of appeals of the District in cases Kansas means the statute of the state with in which the construction of "any law of reference to negotiable instrument and the the United States" is drawn in question by rights and liabilities of the parties thereto, the defendant. American Security & Trust and does not comprehend the decisions of Co. v. Commissioners of District of Columlocal courts construing like contracts that bia, 32 Sup. Ct. 553, 554, 224 U. S. 491, 56 had been or might thereafter be announced, L. Ed. 856. nor can it be expended so as to make the decisions of the local courts the governing law with respect to the construction of the provisions of the mortgage given to secure such note. Keene Five Cent Sav. Bank v. Reid, 123 Fed. 221, 227, 59 C. C. A. 225.

Within the provision of Bankr. Act, § 64b(5), giving priority to debts owing to any person who by the laws of the state or the

The phrase, "laws of the United States," as used in the removal acts, authorizing removal of a cause arising under the laws of the United States, means acts of Congress, and does not include executive rules and regulations, unless a recovery of damages is expressly authorized by statute for a disregard of such regulations. Beck v. Johnson, 169 Fed. 154, 162.

LAWFUL ACT

The laws enacted by a territorial Legis- [1015, 1019, 177 Mo. 699 (quoting with aplature, subject to disapproval by Congress, proval from State v. Bulling, 15 S. W. 367, are not "laws of the United States," and a 16 S. W. 830, 105 Mo. 204). suit arising under them, as where a corporation organized under them is a party to the suit, does not arise under the laws of the United States, and a federal court has no jurisdiction on that ground. Maxwell Federal Gold & Copper Co., 155 Fed. 110, 112, 83 C. C. A. 570.

V.

LAWS, RULES, AND REGULATIONS
GOVERNING THE SOCIETY

The words "lawful act," as used in Pen. Code 1895, § 684, providing that if any person in the performance of a lawful act shall by negligence and carelessness cause the death of another he is guilty of negligent homicide of the first degree, is defined by article 685 as an act not forbidden by the penal law, and which would give no just A certificate in a mutual benefit associa-occasion for a civil action. Gorden v. State tion, requiring that members should comply (Tex.) 90 S. W. 636, 637. with all "laws, rules, and regulations governing the society," or that might be thereafter enacted for its government, related to bylaws enacted to control the internal management of the association, and did not include a by-law by which the society attempted to limit its liability on all outstanding certificates to an amount not exceeding one-half of the amount the association had contracted to pay on the death of members in good standing. Bornstein v. District Grand Lodge No. 4 Independent Order B'nai B'rith, 84 Pac. 271-275, 2 Cal. App. 624.

LAWFUL

See Shall be Lawful.
See, also, Legal.

Where plaintiffs alleged that, being the owners of certain capital stock in defendant company, they deposited it with the company, to be sold by defendant and the proceeds used in paying its debts, in consideration of an agreement that plaintiffs should hold certain offices of defendant until its business should be in successful operation, that defendant violated its agreement and ejected plaintiffs from the offices, and had sold and issued the stock to others, and refused and failed to deliver it to plaintiffs, or to pay plaintiffs the value thereof, though requested to do so, there could be no recovery as on a contract, as the alleged contract was illegal under Civ. Code, § 431, requiring directors of a corporation to be elected annually by the stockholders or members, and section 2240, declaring that which is contrary to an express provision of the law not "lawful." Glass v. Basin & Bay State Min. Co., 77 Pac. 302, 304, 31 Mont. 21.

Legal, adequate, and reasonable syn

onymous

In speaking of the provocation necessary to arouse the heat of passion, which would result in reducing the crime to manslaughter, "this court has held that 'lawful,' 'legal,' 'adequate,' and 'reasonable,' when used as adjectives qualifying 'provocation,' are synonyms; and, as a general rule, with very few exceptions, it takes an assault or personal violence to constitute this provocation." State v. Heath, 121 S. W. 149, 154, 221 Mo. 565; State v. McKenzie, 76 S. W.

LAWFUL AUTHORITY

See Proper and Lawful Authority.

Plaintiff's superintendent visited the land on which defendants were claimed to have committed a trespass in cutting timber, and on each of the visits stopped at defendants' camp. On his first visit the superintendent pointed out the section or lot lines to the foreman of defendant company and requested him to keep an accurate account of all timber he might cut. A like request was made of defendant S., who was president and general manager of defendant company. Held, sufficient to show that plaintiff acquiesced in the cutting and removing of the timber, subject to defendants' accounting for its actual value, and that it was not cut without "lawful authority," within Rem. & Bal. Code, § 939, authorizing a recovery of treble damages for the cutting of timber without lawful authority, etc. Lytle Logging & Mercantile Co. v. Humptulips Driving Co., 111 Pac. 774, 775, 60 Wash. 559. LAWFUL BENEFICIARY

The word "lawful," as used in a benefit certificate, providing that the beneficial association would pay to the beneficiary a certain sum of money, provided he was the "lawful" beneficiary of the member at the time of his death, means, according to the laws of the beneficial association, that plaintiff should be at the time of the member's death within the order of family relationship to the beneficiary mentioned in the charter. Davin v. Davin, 99 N. Y. Supp. 1012, 1014, 114 App. Div. 396.

LAWFUL BUSINESS

In Business Corporations Law, § 2, authorizing the formation of stock corporations for any lawful business, "lawful business" means one lawful to all who engage in it and does not include the business of practicing law; the right to practice law being in the nature of a franchise from the state conferred only for merit. In re Co-operative Law Co., 92 N. E. 15, 16, 198 N. Y. 479, 32 L. R. A. (N. S.) 55, 139 Am. St. Rep. 839, 19 Ann. Cas. 879.

LAWFUL CHASTISEMENT

being sufficiently broad to include gold and silver, as well as paper money. Brittain v. State, 105 S. W. 817, 819, 820, 52 Tex. Cr. R. 169.

Under a statute providing that in an indictment for the larceny of money it is sufficient to allege the larceny of the same, with

Where the punishment inflicted by a parent on a child is so excessive and cruel as to show that the parent was not acting in good faith for the benefit of the child, the parent is guilty of an unlawful assault, and cannot justify his act by claiming that the punishment inflicted was a "lawful chastise-out specifying the denomination or kind therement"; but so long as a parent acts in good faith, honestly thinking that what he does is for the benefit of the child, he is within his prerogative, and the law will not interfere. State v. Koonse, 101 S. W. 139, 141, 123 Mo. App. 655.

LAWFUL CHILD

Where a will provided that the property given to one of the devisees should, if he died without lawful children, go to the heirs of another devisee, an adopted child of the devisee first mentioned was not a "lawful child," within the meaning of the will. Cochran v. Cochran, 95 S. W. 731, 732, 43 Tex. Civ. App. 259.

LAWFUL CLAIM

A good faith claim, appearing to be formidable and founded on grounds having the appearance, though false, of a paramount title, is not covered by a warranty against lawful claims, but such a warranty is intended to cover real claims and not claims only appearing real. An outstanding legal title is within a covenant of warranty against "lawful claims," and if asserted, is a "lawful claim," though an eviction may be avoided by showing a superior equity. Mackenzie | v. Clement, 129 S. W. 730, 731, 144 Mo. App. 114.

LAWFUL COURSE

A bond recited that plaintiff lumber and oil company had a claim on certain timber in litigation which had been attached in a certain suit against the S. Lumber Company, and provided that in consideration of the release of the attachments, and that plaintiff would not litigate its rights in such suit, the obligors bound themselves to pay any interest which plaintiff might have in the timber to be determined by any lawful course. Held, that a lawful course for determining plaintiff's interest was by suit on the bond; plaintiff not being required to establish first its interest in the timber by suit against the S. Lumber Company. Camp v. Capital Mining, Lumber & Oil Co. (Ky.) 128 S. W. 323, 324.

LAWFUL CURRENCY

See Lawful Money.

An indictment charging theft from the person of "two dollars in money, lawful currency of the United States of America and of the value of two dollars," was sustained by proof of the theft of two dollars in silver; the term "currency," or "lawful currency,"

of, an indictment, charging accused with stealing money "lawful currency of the realm" (i. e., of the United States), to the amount and value of $20 or more, sufficiently describes the money, to constitute larceny, within Ky. St. 1903, § 1194, punishing larceny of money of the value of $20 or more. Todd v. Com. (Ky.) 93 S. W. 631, 632 (citing Commonwealth v. Mann [Ky.] 14 S. W. 685; Jones v. Commonwealth, 13 Bush [76 Ky.] 356; Travis v. Commonwealth, 27 S. W. 863, 96 Ky. 77).

Where a theft is charged, and the allegation is general that the money taken was lawful current money of the United States, the evidence must show that it was legal tender coin or legal tender currency of the United States, and the nickel is legal tender under the provisions of U. S. Comp. St. 1901, Black v. State, 79 S. W. 311, 46 p. 2349.

Tex. Cr. R. 107.

LAWFUL DEBT

"A 'debt' is defined as 'that which is due from one person to another, whether money, goods, or services; that which one person is bound to pay to or to perform for another, that which one is obliged to do, or suffer.'" Plaintiff's husband gave his bond for the payment of money, secured by a mortgage on his farm, in which plaintiff joined. The husband died, devising the farm to plaintiff, who deeded it to her son, who assumed and agreed to pay the mortgage, but failed to do so. On the death of the son, without issue, his widow, having a dower in trust in the farm, executed a quitclaim deed of it to plaintiff and the other heirs, subject to decedent's "lawful debts," which plaintiff assumed and agreed to pay. Held that, since plaintiff did not sign the bond and was not personally liable for the mortgage debt, the covenant of her son to pay it was not enforceable against him, and hence the covenant in the deed from his widow to plaintiff did not obligate plaintiff to pay the debt; a claim not enforceable at law not being a "lawful debt." Bonhoff v. Wiehorst, 108 N. Y. Supp. 437, 441, 57 Misc. Rep. 456 (quoting and adopting definition in Imp. Dict.; citing Latimer v. Veader, 46 N. Y. Supp. 823, 20 App. Div. 426).

LAWFUL DEFENSE

By the words "lawful defense of the person" is meant what is sometimes termed self-defense. Robinson v. Territory, 85 Pac. 451, 455, 16 Okl. 241.

LAWFUL DUTY

In Rev. St. § 5451, which makes it a criminal offense to give or offer bribes, etc., to induce any officer of, or person acting for or on behalf of, the United States in any official function to do or omit to do any act in violation of his lawful duty, the phrase "lawful duty" is not restricted to a duty imposed by statute, but is broad enough to cover a duty imposed by a lawful superior; and an indictment charging a conspiracy to induce an assistant statistician in the Department of Agriculture to furnish to the accused advance news of crop conditions, and to cause to be published false reports as to such conditions in violation of the rules of the department, to aid defendants in market speculations, by promising such employé a percentage of the profits of such speculations, charges a conspiracy to commit an offense against the United States under Rev. St. § 5440. United States v. Haas, 163 Fed. 908, 910.

LAWFUL FENCE

See, also, Legal and Sufficient Fence.

A fence, posts of which are rotted off, is not a lawful fence within Rey, St. 1899, § 3295, providing that in a county where swine are restrained from running at large a fence composed of three barbed wires, stretched on posts, firmly set in the ground, not more than 16 feet apart, shall be a lawful fence. Smith v. Chicago & A. Ry. Co., 105 S. W. 10, 12, 127 Mo. App. 160.

Under Rev. St. 1899, § 1105, requiring a railroad company to construct and maintain fences sufficient to prevent stock getting under such section for injuries to stock, on the track, an instruction, in an action which defined a lawful fence as one sufficient "to resist horses, cattle, swine, and like stock," was not erroneous for using the phrase "to resist"; such phrase not being as strong as the phrase "to prevent" in the statute. Hax v. Quincy, O. & K. C. R. Co., 100 S. W. 693, 695, 123 Mo. App. 172.

Rev. St. 1899, § 3295, providing for the construction of fences sufficient to prevent swine from running at large, composed of wire 4 feet high and posts 16 feet apart, re

Regulations of the Agricultural Department having forbidden the giving out of any statement relating to the business of the department without the approval of the chief of the bureau, and secrecy having been imposed on all employés by the established us-ferred to outside fences other than those reage and practice, indictments charging bribery of an associate statistician of the Bureau of Statistics of the Department of Agriculture to divulge the contents of the current cotton crop report in advance of its official publication stated an offense under Rev. St. § 5451, making it a crime to bribe any person acting for the United States in any official function to do or commit any act in violation of his lawful duty. Haas v. Henkel, 166 Fed. 621, 627.

LAWFUL ENTRY

quired of railroads, so that a fence conforming to such specifications, constructed by an adjoining landowner along a railroad right of way, did not constitute a "lawful fence," for the building of which the landowner could recover from the railroad under Rev. St. 1899, § 1105 (Ann. St. 1906, p. 945). Sharp v. Quincy, O. & K. C. Ry. Co., 123 S. W. 507, 508, 139 Mo. App. 525.

The petition in an action for damages to growing crops from trespassing stock alleged that the premises were situated in a subdivision where hogs, etc., were prohibited from running at large, and were inclosed by a lawful fence under the statute when the trespasses occurred, and described the stock law district by metes and bounds, and further al

The expression that the "entry must be lawful" means, not that it must have been effected under a formal right capable of enforcement by legal proceedings, but that it must not be through any unlawful or wrong-leged that, in the event that plaintiff's fence ful act, upon which the mortgagee would be estopped to found a right. Stouffer v. Harlan, 74 Pac. 610, 613, 68 Kan. 135, 64 L. R. A. 320, 104 Am. St. Rep. 396.

LAWFUL EXCUSE

That provision for alimony made by a Nevada court is not enforceable against the husband, a resident of California, because no jurisdiction of his person was acquired, does

not constitute a lawful excuse within Pen. Code, 270, which makes it an offense for

was not in strict compliance with the statute, nevertheless it was sufficient to keep out all stock sought to be excluded of an ordinary disposition, and not of a fence-breaking nature. Held, that the petition alleged a common-law liability based on the stock owner's negligence in knowingly permitting vicious animals to run at large, as well as the statutory liability based upon plaintiff's maintenance of a "lawful fence," within the statute. Posey v. Coleman (Tex.) 133 S. W. 937, 939.

a parent to willfully omit without lawful ex-quires every farmer, etc., to make a sufficient cuse to furnish necessary food, etc., for his child. Ex parte McMullin, 126 Pac. 368, 370, 19 Cal. App. 481.

LAW EXPENSES

Other lawful expenses, see Other.

Sayles' Ann. Civ. St. 1897, art. 2496, refence at least five feet high, which shall be hog-tight, around his cleared land. Article 2497 permits one injured by the trespass of cattle or other stock to complain to a justice of the peace, who shall appoint two freeholders to ascertain the sufficiency of the

326.

In common parlance, the terms "heirs at

law" and "lawful heirs" are used indiscrim-
inately as synonymous and convertible terms,
and, whenever either is used, they invariably
refer to the heirs on whom descent is cast by
law, and not to an heir by adoption. The
relation of an heir by adoption is an excep-

Devise to lawful heirs as devise to class, subject to the provision that the share of

see Class.

The word "lawful" before the word
"heir" in a devise does not, in the absence of
a contrary intent clearly indicated in the
will, mean "legitimate," but means simply
the person designated by law to take by de-
scent. Harrell v. Hagan, 60 S. E. 909-911,
147 N. C. 111, 125 Am. St. Rep. 539.

"Children" are embraced within the term
"lawful heirs," but the word is not per se

any child dying without issue of his body
shall descend to the survivors of the chil-
dren, or the lawful heirs surviving any of
the children, gives to the children an estate
in fee, defeasible as to each on his dying
without leaving lawful issue, and on the
death of a child, without issue surviving, his
interest passes to the surviving children or
grandchildren surviving any of the children;
the words "lawful heirs" meaning surviving
children and grandchildren of the devisees,

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