UNLAWFUL - That which is contrary
to law.
There are two kinds of contracts which are unlawful;
those which are void, and those which are not. When
the law expressly prohibits the transaction in respect
of which the agreement is entered into and declares
it to be void, it is absolutely so. But when it is
merely prohibited, without being made void, although
unlawful, it is not void.
UNLAWFULLY - This word is frequently
used in indictments in the description of the offence;
it is necessary when the crime did not exist at common
law, and when a statute, in describing an offence
which it creates, uses the word, but it is unnecessary
whenever the crime existed at common law, and is manifestly
illegal.
