188 M1EGBOTR

M.
M. This letter, used as a Roman numeral, a not orious nsnrer. See Mackeld. Rom. Law,
stands for one thousand. § 432; lnst . �, 7, 1; Dig. 14, 6.
It was also, in old English law, a brand or
MACER. .A mace-bearer; an officer at­
stigma impressed upon the brawn of the
tending the court of session in Scotland.
tbu mb of a person convicted of manslaughter
and admitted to the bellefit of clergy. MACHECOLLARE. To make" warlike
This letter was sometimes put ou the de v ice over a gate or otber passage like to a
face of tr easury notes of the United States. grate, th rough Which scalding water or pon­
and signifies that the treasu ry note bears in­ de rous or offensive things may be cast upon
terest at the rate of one mill p er centum, and the assailants. Co. Litt. Sa.
not one per centum interest. 13 Pet. 176. MACHINATION. Contri ving a plotol
M. also stands as an abbreviation for se v· conspiracy. The act of planning or contriv·
eral words of which it is the initial letter; as
ing a s cheme for executing some purpose,
.. Mary, I) (the E nglish queen of that name, ) particularly an evil purpose; an artful design
"Micbaelmas, I) " master, " "middle. I) formed witb deliberation.

M. D. An abbrevi ation for uMiddle DIs­ MACHINE. In p atent law. Any co n·

trict." in reference to the division of the triYfinCe used to regulate or augment force
United States into ju dicial districts. Alsoan or motion; more pr operl y. a complex I!ltruct­
abb reviation for U Doctor of Medicine. " ure, consisting of a combination, or pecnliar
modification, of the mechanical powers.
M. R. An abbre viation for U M aster ot
The term "machine, tl in patent law, include.
the Rolls. "
every mechanical device, or combination of me.

An abbreviation tor "Michaeimas chanical powers and devices, to perform 80me func­
M. T.
tion and produce a certain eff'ect or result. But
Term." wh�r", the result. or street is produced by chemical
A lar ge staff, made ot tho pre· action, by the operation or application of some ele­
MACE.
ment or power of Dature, or of one Bubstance to
cious metals, and higilly ornamented. It is
another, such modes, methods, or operations are
used as an em blem 01 auth orit y, and carried called "processes." A new process is usually the
before certain public fUnctiona ries by a mac&­ result of discovery; a machiue, of invention. 15
bearer. How. 252, 267.

MACE· BEARER. In English law. MACHINERY. A more comprabensive

One who carries the mace before certain term than including the appur·
" machine ; "

fUllctionaries. In Scotland, an officer at­ tenances necess ary to the work ing ot a ma­
tending the court of session, and usually chine. 111 Mass. 540; 108 Mass. 78.

called a "macer." MACHOLUM. A barn or granary open

at the top : 8 rick or s tack of corn. Spe1..
MACE· GREFF. In old Eng lish law.
man.
One wbo buys stolen goods. parti cularly
food. knowing it to have been stolen. MACTATOR. A murderer.

MACE·PROOF. S ecure agai nst arrest. MACULARE. In old Europeanlaw. T�

wound. Spel man.
MACEDONIAN DECREE. In Roman
law. This was theSenatus-consultum Mace·
MADE KNOWN. Where a writ 01
scire facias has been actually served upon a
dontanum, a decree of the Roman senate.
defendant, the proper return is that its con.
firs t giv en under Claudius, and renewed un­
tents have been" made known II to him.
der Vespasian, by which it was declared that
no action silould bp. maintained to recover a MADRAS REGULATIONS. Certa!n
loan of m o ney made to a child who was un· regulati ons prescribed for the government 01
der the pat1·ia potesta�. It was inteuded to the Madras presjdellcy. M ozley & 1VhiLl ey.
strike at the pract i ce of usurers in making
MlEC·BURGH. Kindred; family.
loans, on unconsc i onable tenns, to fam ily
beirs who would morlgdgtj their future ex· MlEGBOTE. In Saxon law. A recom­
pectations from the pate.rnal estate. The-law pense or satisfaction for the slaying or mu.....
15 said to have derivec.. :� Lame from that ot del' of a kinsman. Spelman.
 739 MAGISTRATE

IllEBE. Famous; great ; noted; as .lEl­ the modern lord chamberlain. Tayl. Civil
mere, all famous. Gi bs. Camd. L aw , 37.

MlEREMIUM. Timber; wood suitable Magister rerum usus. Use is the mas­
for buUdlng p ur p oses. ter of thi n gs. Co. Litt. 229b. Us age i••
principal guide in prac tice .
MAGIC. In English statutes. Witcbw
craft and sorcer y. Ma.gister rerum usus; magistra rerum
exp erient ia. Use 18 the master of t h ing_;
MAGIS. Lat. M orei more ful1Yi more
experience is the mistress of th ings. Co.
in number; rather.
Litt. 69, 229; Wing. Max. 752 .
Magis de bono quam de malo lex in­
tendit . Co. Litt. 78b. The law favors a MAGISTER SOCIETATIS. In the
good ra ther than a bad cOfl3t ru ctio n. Where civil law. The master or manager of a pa rt­

the words use d in an ag reemen t are suscep­ nersh ip i a man agi ng partner or' general
tible of two meanings. the one agreeable to. agent ; a m anag er spec ially chosen by a Ilrm

the ot her agai n st. the law. th e former is to a dmin i s ter the affairs of the par tners hip.
8uopted. Thus, a iJond con dit i one d .. to (l5w Story, Partn. § 95.
sign all offices" will be cons tru ed to apply to
MAGISTERIAL. Relating o r pertain ­

such offices only as are ass i gnable. Chit.

ing to the character, office. powers. or duties
Cont. 78.
of a magi stra te or of the magistracy.
Magis dignum trahit ad se minus dig­
num. The more worthy draws to itself the MAGISTRACY. Th is term may have a
less worthy. Yearb. 20 Hen. VI. 2. argo more or les8 extens ive sigmfication accordin g
to the use and connec tion in wh i ch it occurs.
MAGISTER. In English law. A rna.·
In its widest sense it i nc lu des the wiloIe body
ter or ruler; a per son who has attai ned to of p u blic functionaries, wheth e r their offices
some emi nent de g ree in science. Co well.
be l egi slati ve. judicial. executive. or admin­
In the civil law. A t i tle of !leversl of­ istrative.In a more restricted (and more
fices u nder the Roman Empire. usual) meaning. it denotes the class of officers
wbo are Charged with the applicatio n and ex­
MAGISTER AD FACULTATES. In
ecution of the l aw s . In a still more confined
English ecclesiastical law. The title of an
otficer who grants dispensationsj as to mar­ 11se. it des i gnates the body of j u dic ial officers

ry, to ea t flesh on days prohibited. and t he of the lowest rank. a nd more especially th ose

like. Bac. Abr. "Ecclesiastical Cour ts, "

who have j uri sdi ction for the trial and pun­
ishment of petty misdemeanors or the pre­
A,5. '
liminary steps or a cri mi nal prosecution, s uc h
MAGISTER OANCELLARIlEl. In old 85 police j u dges and j u sti ces of the peace.
Engl is h law. Master of the chancery; mas­ The term also denotes the office of lI. magis­
ter in chancery. These officers were said trate.
to be called n magiltri," b e c aus e they were
MAGISTRALIA BREVIA. I n old En­
priests. Lntch, 133.
gl ish pra ctice. M agisterial writs; writs
MAGISTER EQUITUM. Mas ter of t he ada pted to sp ec ial cases, and 80 c alled from
borse. A title of office under the Roma n bei n g framed by the mas ten or principal
Empire. clerks of the ch ancery. Bract. fol. 413b,­

MAGISTER LIBELLORUM. M aster Crabb, Com. Law, 547, 548.

of requests. A ti tle of oUlee under the Ro­
MAGISTRATE. A public officer belong­
man Empire.
i n g to the civil organization of the state, and
MAGISTER LITIS. :l.Iaster oftbe inve s ted with powers and functions which
suit; the person wbo controls the suit or its may be e it her judi cial . legiSl a tiv e. or execu·
prosecution, or has the r i ght so to do. tive.
But the term is commonly u sed in a nar�
MAGISTER NAVIS. In the ci v il law.
rower sense. designating, in Engla nd, a per­
The master of a Ship or vessel. He to whom
eon intrusted with the commission of the
the care of the whole vessel is committed.
peace. a nd. in America, one of the class of
]}ig. 14, 1, 1, I, 5.
inferior judicial officers , su ch as j ustices of t he
MAGISTER PALATII. Ma.ter of tho peace and p olice ju s tices.
pal ace or of the offices. An officer under the A ma g istrate is au officer ba ving power til
Boman Empire beal"jog some resemblance to issue a w arr ant for the arrest of a person
 MAGISTRATE 740 MAlDEN

chorged with a publ1c offense. Pen. Code partly by reason of its own tmnscendent I..
Cal. § 807. portance.
The word "magistrate" does not necessarily 1m.
pI)' an omcer exer cising any judicial functionsl
Magna Charta et Charta de Foresta
and migbt very well be held to embrace notaries sont appel es les .. deux gran des char­
and commIssioners of deeds. 67 Mo. 386. ters . " 2 Inst. 570. Alagna Charta and the
Charter of the Forest are called the "two
MAGISTRATE'S COURT. In Amer­
great charters."
ican law. Courts in the state of South Oaro-­
lins, having exclusi va jurisdiction in mat.. MAGNA COMPONERE PARVIS.
ters of contract of and under twenty dollars. To compare great th ings with small things.
A loc al court in the city of Philadelphia,
MAGNA CULPA.. Great fault; gro..
possessing the criminal j uri sdic tion of 8 polic e
negligence.
COllrt and civil jurisdiction in a ctio ns i nv olv ­
ing not more than one hundred dollars. It is MAGNA NEGLIGENTIA. In tbecivil
not a court of record. See Const. Fa. art. law. Great or gross negl igence.
4. § 12.
Magna negligentia culpa est i m agna
MAGISTRATUS. In tbe civil law. A culpa doluB est. Gross negligence is faultj
magistrate. Cal vin. A judicial officer who gross fault Is fraud. Dig. 50. 16. 226.
bad the power of hearing and deter m inin g
MAGNA PRECARIA. In old Englisb
causes, but whose office properly was to in­
law. A great or general reap-day. Cowellj
quire into matters of law. as distinguished
Blo un t.
from fact. Hal1ifax. Civil Law, b. 3. c. 8.
MAGNA ASSISA. In old Eng lish law.
MAGNA SERJEANTIA. In old En­
glish law. Grand serjeanty. Fleta, lib. 2.
The grand assize. Glanv. lib. 2. ce. 11, 12.
c. 4. § 1.
MAGNA ASSISA ELIGENDA. An
MAGNUM CAPE. In old practice.
ancient writ to summon four lawful
knights
Great or grand r;ape. 1 Reeve, Eng. Law.
before the justices of assize.
there to choose
418. See GRA.ND CAPE.
twelve others. with themselves to con!:ltitute
the grand assize or great jury, to try the MAGNUM CONCILIUM. In old En­
matter of right. The trial by gran d assize glish law. The great council; the general
was instituted by He nry II. in pa rli a m e nt, US council of the realm; afterwards called "par­
an alternative to the duel in a writ of right . liament." 1 HI. Comm. 148; 1 Reeve. Eng.
Abolished by S & 4 Wm.IY. c. 27. Wharton. Law. 62; Spelman.
The king 's great council of barons and
MAGNA AYERIA. In old pleading.
prela tes . Spelman; Crabb, Com. Law. 228.
Great beasts, as horses. oxen, etc. Cro. Jac.
580. MAGNUS ROTULUS STATUTO.
RUM. The great statute roll. The first of
MAGNA CENTUM. Tbe great hun­
the Engli sh statute rolls, beginning with
dred, or six score. Wharton.
Magna Charta. and end ing with Edward
MAGNA CHARTA. The great cha r te r. ill. Hale. Com. Law. 16. 17.
The name of a charter (or co nsti tu t ional e nM
MAHA-GEN. In Hindu law. A banker
a ctment) granted by Kin g John of Kngland
or any great sh op -]{ crp er.
to the barons. at Runnymede. on June 15.
1215. and afterwards, with some alte ra t i ons, MAHAL. In Hindu law. Any land or
con(lrmed in parliament by Henry III. �nd public fund prouu ci ng a r ev enue to the gov­
Edward I. This charter is justly regarded as ernment of Hilluostan. .. Hahalaat" is the
the foundation of English cOllstitutionallibw p lural.
erty. Among its thirt y -eigh t chapters are
MAHLBRIEF. In maritime law. Tbe
lound provisions for re gulating the adminis..
Ger-mnn name for the contract for the build­
tration of' ju stice. defining the temporal and
ing of a vessel. This contract contains a
ecclesiastical jurisdictions, se cu ri ng the perM specification of the kind of vessel intended,
aonal Iiberty of the subject and his rights of
her dImensions. the time within which slut
property. and the limits of taxation, and for
is to be completed. the price and times of
preserving the liberties a nd privile ge s of the
payment. etc. Jac. Sea Laws. 2--8.
church. Magna Charta is so called. partly to
distinguish it from the Cha1·ta de ll'o1"esta. MAIDEN. In Scotcb law An instru­
w hich was gra nted about the same time, and ment formerly used in beheading criminals.
 MAIDEN ASSIZE 741 MAINE-PORT

It ... .mbled the French guillotine, of which MAIL MATTER. Thi s term lnclndes
It 10 ,aid to have been the prototype. Whar­ letters, packets, etc., recei ved for transmis­
ton. sion. and to be transmitted by post to the
person to whom such matter is directed. 30
MAIDEN ASSIZE. In English law.
Fed. Rep. 820.
Originally anassize at which no person was
condf'mned to dIe. Now it is a session of a MAILABLE. Suitable or admissible tor
criminal court at which there are no prison­ transmission by the mail j belonging to the
ers to be tried. classes of articles which, by the la ws and
postal regulations, may be sent by post.
MAIDEN RENTS. A fine paid by the
tenants of Borne manors to the lord for a li­ MAILE. In old English law. A kind
cense to marry a daughter. Cowell. Or, of ancient money, or silver half�pence; a
perhaps, for the lord'. omitting the custom emall rent.
of march,ta, (q. D.) MAILED. This word... applied to a
letter, means that the letter was properly
MAIGNAGIUM. A brasier's shop. or,
prepared for transm iss ion by the servants
perhaps, a bouse. Cowell.
of the postal department, and that it was
MAIHEM. See MAYBEM; MAIM. put in the custody of the officer charged
with the dnty of forward ing tbe mall. 67
:M.AIHEMATUS. Ma imed or wounded. Mo. 163.
MAIHEMIUM. In old English law. MAILLS AND DUTIES. In Scotch
Mayhem , (q. �.) law. The rents ot an estate. Bell.

Maihemium est homloidium inchoa­ MAIM. To deprive a pe rso n of a mem­

tum. 8 Inst. 118. May hem is InCipien t her or part of the body. the loss of which
homicide. renders him less capable of fightingj to com·
mit mayhem, (q ••• j
Maihemium est inter crimina majora
In this respect, Uto wound" 18 dtstlnguish."ble
minimum, at inter minora maximum. from Uto ma.im;" for the latter implies a. perma.­
Co. Litt. 127. Mayhem i. the least of great nent injury, whereas a. wound is any mutilation or
crimes. and the gl"eatest of small. laceration which breaks the continuity of the out­
er skin. 11 Cox, Crim. Cas. 125.
Maihemium est membri mutilatio, at
MAIMING. Depriving ot any necessary
diei poterit. ubi aliquis in aliqua part e
part. See MAYHEM.
sui corporis effectus sit mutiliB ad pug­
nandu m. Co. Litt. 126. Mayhem is the MAIN. L. Fr. A hand. More commonly
mutilation of a member, and can be said to written" meyn."
take place when a man is injured in any part
MAIN-A-MAIN. L. Fr. Immediately.
of his body 80 as to be useless in fight.
Kelbam.
MAIL. As applied to the post-office, thl.
MAIN CHANNEL. The main channel
term means the carriage of letters, whether of 8 river is that bed over \vhich the princi.
applied to Lhe bag into which tbey are put, pal volume ot water tlows. 31 Fed. Rep.
the coach or vehicle by means of which t hey 755.
are transported, or any other means employed
for their carr iage and delivery by public au­ MAIN-RENT. Vassalage.

thority. 6 Daly. 560. It may also denote MAIN SEA. The open, uninclosed
the letters or other matter 80 carried. oc ean : or that portion of the sea wbich is
The term "mail," as used in Rev. St. U.
witbout the fauces terrre on th e sea·coast, in
S. § 5469. relative to robbing the mails, may contradistinction to that which is surround­
mean either the whole body of matter trans­ ed or inclosed between narrow headlands or
ported by the postal agents, or 8Dy letter or promonLories. 5 Mason, 298; 73 N. Y. 396;
paCkage forming 8 component part of it. 2 East, P. C. o. 1 7, § 9; 7 N. Y. 555; 8
41 �'ed. Hep. 130. Barb . 203.
Mail also denotes armor, as in the phrase a
"coat of mail." M A I N A D. A tal.e oaLh; perjury.
Cowell.
In Scotch law. Rentj a rent or tribute.
A tenant who pays a rent is called a "mail­ MAINE-PORT. A small tribute, com
payer," If mailer," or "mail-m'ID." Skene. monly of loaves of bread, which in some
 MAINOUR 742 MAISTER

places the parishioners paid to the rector in MAINTENANCE. Sustenance; sup-

lieu of small tithes. Cowell. port; assistance. The furnishing by one per­
son t o another, for his support, of the means
MAINOUR. In criminal law. An arU·
of l ivi n g, or food, clothing. shelter. etc. , par­
cle stolen. when found in the hands of the
t icularly where tbe legal relation ot the par­
thief. A thief caught w ilh the stolen goods
ties is s,uch that one is bound to support the
in his possession is said to be taken" with
other, as between father and child, or hus·
the mainour." that is, with the properly in
band and wife.
manu, in bis bands. 4 Bl. Comm. 307.
In criminal law. An unauthol'ized and
Tbe word seems to bave corresponded with the
Saxon "hanclhabend, n (q. 'V.) In modern lllw it officious interference in a suit in which the
has sometimes been written as an English word offen der has no interest, to assist one of the
"manner. n and the expression "taken in tho man­
parties t o it, agai n st the other, with money
Der" occurs in the books. Crabb. Eng. Law, 154.
or advice to prosecute or defend the action.
MAINOVRE, or
MAIN<EUVRE. A 1 Russ. Crimes, 254.
trespaas committed by hand. See 7 Rich. II. Maintenance, in general, stgnUlcs an unlawful
c. 4. taking in band or upholding of quarrels and sides,
to the hindrance ot common right. Co. Litt. 368b:
MAINPERNABLE. Capable of being Hawk. P. C.893.
bailed i bailable; admissible to bail on giving The intermeddling ot'8 stranger in a suit, for the
purpose ot stirring up .trite and continuing litiga·
lurety by mainpel'oors.
tion, as Vt. 69.
Maintenance is tbe aSSisting another person in a
MAINPERNOR. I n old pmctice. A
lawsuit, without having any concorn in t.he sub­
l!Iurety for the appearance of a person under ject. 8 Johns. 320.
arrest, who is delivered outof custody into the Maintenance is where one omciously intermed·
hands of his bail. " Ma inpe rnors" differ from dles in a suit whioh in noway belongs to him. 'rhe
term does not include all kinds of aid in the prose.
"bail" in that a man's bail may imprison or
cution or defense ot another's cause. It does not
surrender him up before the stipulated day
extend to persons having an interest in the thing
of appearance; mainpernors can do neither, in controversy, nor to persons of kin or a.mnity to
but are barely :mreties for his appearance at either party, nor to counsel or attorneys, for their
the day. Bail are only sureties that the party acts are not officious, nor unlawful Tho distinc­
tion between "champerty" and "maintenance" is
be answerable for the special matter for which
that maintenance is the promoting, or undertak·
they stipulate; mainpernors are bound to ing to promote, a suit by one who has DO lawful
produce him to answer all charges whatso. cause to do so, and champerty is an agreement for
ever. S BI. Comm. 128. Other distinctions a division of the thing in controversy, i n the event
of success, as a reward for the unlawful assist­
are made in the old books. See Cowell.
anCB. 3 Har. (Del.) 203.
"Maintellauc�" at common law, signifies an un·
MAINPRISE. The delivery of a person
lawful taking i n band or upholding 01 qua.rrels or
into the cusLody of mainpe'N,ors, (g. TJ.) sides, to the disturbance or hindrance of common
Also the name of a writ (now obsolete) com­ right. The maiuLalnlng of one side, in considera­
manding the sheriff to take the securit.y of tion of somo bargain to have part ot the thing in

mainpernors and set the pal'ty at liberty. dispute, is called "champerty." Champerty, tbere­
fore, is a species ot maintenance. � Conn. 570.
MAINSWORN. Forsworn, by making
MAlOR. An old form of "mayor."
false oath with hancL (m.ain) on book. Used
in the north of England. Brown!. 4; Hob.
MAIRE. In old Scotch law. An ofilcer
125. to whom process was directed. Otherwise
MAINTAIN. To maintain an action or called umair of fie," (fee,) and classed with
B uit is to commence or institute it; the term the "serjand." S!{ene.
imports the existence of a cause of acti on . 8
Minn. 105. (Gil. 80, 81.)
MAIRIE. In French law. The govern­
ment building of each commune. It COD­
MAINTAINED. In pleading. A tech. tains the record office of all civil acts and the
nical word Indispensable in an indictment list of voLers; and it is there that political
for maintenance. 1 Wils. �25. and municipaJ e!eetions take place. Arg.

MAINTAINOR. In criminal law. One Fr. Merc. Law. 566.

that maintains or 8e(;QI\(]� a calise depending
MAISON DE DIEU. Fr. A hospital;
In suit between others. eiLher uy disbursing
an almshousej a monasLery. St. 39 Eliz. c. o.
:noney or making friends for either party to.
Literally, "bouse of God."
wards his help. Blount. One who is guilty
of maintenance (g . •• ) MAISTER. An old form of" waster."
 MAlSURA 743 MAKE A CONTRACT

MAISURA. A houBe. manston. or farm. Majori summre minor in est. In �he

Cowell. greater sum the le-ss is included. 2 Rent,
Comm. 618; Story. Ag. § 172.
MAITRE. Fr. III French maritime
law. MlI8te.; tb. mast.r or captaiD of • MAJORITY. li'ull age; the age at whIch,

Teasel. Ord. Mar. !iv. 2. tit. I, art. 1. by law, a person is entitled to the manage·
roent of his owp.. affaire and to the enjoyment
MAJES T A S. Lat. ID Roman law. of civic rights. The opposite of minority.
The majesty, sovereign authority. or supreme Also the status of a person who is a major in
prerogati va of the state or prince. Also a age.
shorter �orm of the expression "crimen ma· In the law of elections, majority 8ig[li�
jestatu, I) or "crimen la3a majestatis," an fies the ureater number of votes. 'Vben there
offense against so\'ereignty. or agaillst the are only two candidates. he who receives the
safety or organic life of the Roman people: greater number of the votes cast is said to
1.41., high treason. have a majority; when there are more than
two competitors for the same oilice. the per�
MAJESTY. Royal digDity. A term
son who receives the greatest number of votes
used of kings aod emperors as " title of
has a pl'urality, but he bas Dot a majority
honor.
unless be receives a greater Dumber of votes
MAJOR. A person of full age; ODe who than those cast for all bis competitors com·
fa no longer a minor; one who has attained bined.
the management of his own concernS and the In military afte.ir8, majority denote. the
enjoyment of his civic rights. rank and commission of a major.
In military law. The officer next In
Maju8 dignum trahit ad se minus
rank above a captain.
dignum. The more worthy draws to lueU
tbe less worthy. Co. Litt. 43, 355b,. Bract.
MAJOR ANNUS. The greater year;
fo1. 175; Nay. Afax. p. 6. max. 18.
tbe bissextile year, consisting ot 866 days.
Bract. fol. 359b. MAJUS JUS. In old practice. Greate.
right or more right. A plea in the old real
MAJOR GENERAL. In military law.
actions. 1 Reeve. Eng. Law. 476. MajuJ
An officer next in rank above a brigadier
jus merom, more mere right. Bract. fol. 31.
general, and next below a lieutenant general,
and who usually commands a division or an MAKE. 1. To cause to exist; to form,
army corps. fashion, or produce; to do, perform. or exe.
cute i as to make an issue, to make oath, to
Major brereditas venit unicuique nos·
make a presentment.
trum a jure et legibus quam a parenti·
2. To do in form of law; to perform with
bus. 2 l ns t. 56. A greater inheritance comes
due formalities; to execute in legal form; as
to everyone of U8 from right and the law!
to make answer, to make a return.
than from paren ts.
8. To execute as one's act or obligation; to
'
Major numerus in se continet mi· prepare und sign j to sign. execute, and de·
norem. Bract. fot 16. The greater number liver; as to make a conveyance. to make a
contains in itself the less. note.
4. To conclude, determine upon, agree to,
MAJORA REGALIA. The king'. dig­
or executej as to make a contract.
nity. power, and royal prerogative. as opposed
S. To cause to happen by one's neglect
to bis revenue, which is comprised in the
or omission i as to make default.
minora regalia. 2 Steph. Oomm. 475; 1 HI.
6. '1'0 make acquisition ofj to procurej to
Comm.240.
colJect; as to make the money on an e-xecu­
Maj ore peens affectu8 quam legibuB tiOD.
statuta est, non est infamis. One aJIecLed 7. To have authority or influencej to suP"'
with a greater punishment than is provided port or sustainj as in the phrase, '''fhi. prec­
by law is not infamous. 4 lost. 66. edent makes for the plaintiff."

MAJORES. In Roman law and gen­ MAKE AN ASSIGNMENT. To trans­

ealogical tables. The male ascendants be­ ferone'e property to an assignee for the ben·
yond the eixth degree. efit of one's creditors.

In old English law. Greater persons; MAKE A CONTRACT. To agree UpOll,

persons of h1gher condition or estate. and conclude or adopt, a contract:. In case ot
 MAKE DEFAULT 744 MALESON

• written contract. to reduce it to wrlting, ment or a physician, surgeon. or apothecaIJ'.

execute it indue form, and deliver itas bind­ 8 BI. COIDm. 122.
Ing.
MALA P R O H I B I T A. Prohibited
MAKE DEFAULT. To fail or b. wrongs or offenses; acts which are made
wanting In some legal duty; particularly. to offenses by positive laws. and prohibited M
omit the et:ltering of an appearance when such. 1 TIL Comm. 57. 58; 4 DJ. Comm. 8.
duly summoned in an action at law or other
judicial proceeding. to neglect to obey the MALADMINISTRATION. Thi. term
command of a subpoona. etc. is used. in the law-books, interchangeably
with mis-administration, and both words
MAKE O N E'S FAITH. A Scotch mean "wrong administration. to 14 Neb.
phrase, equivalent to the old English phrase, 183. 15 N. W. Rep. 331.
"to make one's law."
MALANDRINUS. In old EngUsh I.w.
MAKER. One who makes. frames. or A thief or pirate. Wal•. 838.
ordains; as a "Jaw-maker. II One wllo makes
or executes; as tile maker of a promissory MALARY. In Hindu law. Judicial;
note. belonging to a judge or magistrate.

MAKING LAW. In old practice. The

MALBERGE. A hill where the people
formality of denying a plaintiff's ('barge UD­
assembled at a court. like the Englisb assiz.
der oath, in open court. with compurgators.
es; which by the Scotch and Irish were callad
One of tb� ancient methods of trial, freq lIent­ II
I
parley hills. 11 Du Cange.
Iy, thougb inaccurately. termed I waging

laW'," or "wager of law." 3 Bl. Comm. MALCONNA. In Hindu law. A tre...

841. ury or store-honse.

MAL. A prefix meaning bad., wrong, MALE. Of the masculine sex; ot the sex
fraudulent; as maladministration, malprac­ that begets young.
tice. malversation, etc.
MALE CREDITUS. I n old English
MAL GREE. L. Fr. Against the will; law. Unfavorably thonght of; i n bad repute
without the consent. Hence the single word or credit. Bract. foIs. 116, 154.
"mature," and more modern "manure."
Maledicta est expositio qure oorrum­
(g. �.)
pit textum. That is a cursed interpretation
MAL·TOL'l'E. Fr. In old French law. which corrupts the tex t. 4 Coke. 35G,'
A term said to have arisen from the usurious Broom, Max. 622.
gains of the Jews and Lombards in their
management of the public revenue. Steph. MALEDICTION. A cur.e. which was
Loct. 372. anciently an nexed to donations of lands made
to churches or religious houses, against those
MALA. Lat. Bad; evil; wrongtut who should violate their rights. Cowell.

MALA FIDES. Bad faith. The oppa­ MALEFACTION. A crime; an offense.

lit. ofbOllafide•• (g. �.) Mali! fide, in bad
faith. Malee fidei possessor, a possessor in MALEFACTOR. He who i. guilty. or
bad faith. Mackeld. Rom. La w. § 297. has been convicted. of some crime or offense.

Mala grammat1ca non vitiat chartam. Maletlcia. non debent remanare impuni..
Sed in expositione instrumentorum mala ta; at impunitas continuum affectum
grammatica quoad fleri possU evitanda tribuit delinqnent!. 4 Coke, 45. Evil
e st. Bad grammar does not vitiate a deed. deeds ought not to remain unpunished; and
But in the exposition of instruments. bad impunity affords continual incilement. to the
grammar, as far as it can be done. is to be delinq llent.
avoided. 6 Coke, 39; Broom, Max. 686. Maleflcia propositts distinguuntur.

MALA IN SE. Wrongs in themselves; Jenk. Cent. 290. Evil deeds are distin­
Bcts morally wrong; offenses against con- guished from evil purposes, or by their pur­
8cience. 1 BI. Comm. 57, 58; 4 B1. Comm.S. poses.

M A L E F I C IUM . In the civil law.

MALA PRAXIS. Malpractice; unskill­
Waste; damage; tort; injnry. Dig. 5. IS, 1.
t'ul management or treatment. Particularly
applied to the neglect or unskillful manage- MALESON, or MALISON. A cur•••
 MALESWORN 745 MALITIA PRlECOGlTATA

M A L E S W O R N. or MALSWORN. in particular, but evil design In generg.l, the dictate

of B wicked, depr aved, Bud malignant heart; no\
Forsworn. Cowell. premeditated personal batred or revenge toward.
the person killed, but that kind of unlawful pur­
MALFEASANCE. The wrongful or un­
pose which, if persevered in, mU!jt produce mi.
just doing of some act which the doer has no chief. 49 N. H. 399.
right to perform, or which he bas stipulated
by contract not to do. It differs from "mis­ MALICE PREPENSE. Maltce afor.,.
feasance" and "non-feasance." ( which titles thought; deliberate, predetermined malice. 2
lee.) See 1 Chit. Pro 9; 1 Chit. Pl. 134. Rolle, 461.
MALICIOUS. Evincing maiice; done
MALFETRIA. In
Spanish law. Ot­
with malice and an evil design; willful.
fense. White, New Recap. b. 2, ti t. 19, c.
1. § 1. MALICIOUS ABANDONMENT. In
criminal law. The desertion of a wife or
MALICE. In crimInal law. In its legal
husband without just cause.
aense, this word does not simply UleaD ill
will against a person, but signifies a wrong­ M A L I C I O U S ARREST. An arr..t
ful act done intentionally. without j l1st cause made willfully and without probable cause.
or excuse. 4 Barn. & C. 255. but in Lhe course of a. regular proceeding.
A conscious violation of the law (or the
MALICIOUS INJURY. An injury
prompting of the mind to commit it) which
operates to the prejudice of another person. committed against a person at the prompting
About as clear. comprehensive, and correct of malice or hatred towards him, or done
a definition as the authorities afford is that
spitefully or wantonly.
"malice is a condition of the mind which MALICIOUS MISCmEF. A term ap­
shows a heart regardless of social duty and plied to the willful destruction of personal
fatally bent on miscbief. the existence of property. from actual ill will or resentment
which is inferred from acts committed or towards its owner or possessor. 3 Dev. &
words spoken." 8 Tex. App. 109. B. 130.
"Malice," in its common acceptation, means ill M.alicious mischief or damage is a. species of in­
wlll towards some person. In its legal sense, it
jury to private property. which the law considers
applies to a wrongful act done intentionally, with­ as B. public crime. This is 8uch as is done, not
out legal justification or excuse. 1 Ind. 844.
animo !'wrandi, or with an intent of gaining by
A man may do an act willfully, and yet be free
another's loss, but either out of a. spirit of wanton
of malice. But he cannot do an act maliciously
cruelty or wicked revenge. In this latter light it
without at the same time doing it willfully. The
bea.rs 11. nenr relation to the crime of arson, for, as
malicious doing of an act includes the willful do­ tha.t alIects the babit,ation, so does this the proper­
Ing of It.. Malice includes intent and wilL 66 Me. ty, of indivi dualsj and therefore any damage aris­
828. ing from this mischevious disposition, though only
Malice 18 pither express or implied. The a trespass at the common la.w, is now , by several
statutes, made severely penal Jacob.
.tormer is the case where the party declares or
manifests a positive i nLention to commit the MALICIOUS PROSECUTION. A j u­
crime; while implied malice is gathered, as dicial proceeding instituted against a person
an inference of law. from the fHCts and cir­ out of the prosecutor's malice and ill will,
cumstances proved. with the intention of injuring him, without
In the definition of "murder," malice probable cause to sustain it, the process aud
aforethought exists where the person doing proceedings Leing regUlar and formal, but
the act which causes deat!-� bas an intention not jusLified by the facts. For this injury
to cause death or grievolls bodily harm to an action on the case lies. called the "action
any person, (whether the person is actually of malicious prosecution."
killed or not.) or to commit any felony what­
ever, or has the knowledge that the act will MALIGNARE. To malign or olander;
probably cause tbe death of or grievous boll­ also to maim.
ily harm to some person, although he does M A L I T I A. Lat . Actual ev!l desigD;
Dot desire it, or evell wishes that it may not express malice.
be caused. Steph. Crim. Dig. 144; 1 Russ.
Malitia est aeida; est mali anlmi at­
Crimes, 641.
fectus. Malice is sour; it is the quality of a
The words "malice aforethought .. long ago ac-.
quired in law 8 settled meaning, somewhat diiterent bad mind . 2 BuIst. 49.
from the popular one. In their legal sense they do
not import an actual. intention to kill the deceased. MALITIA PRlECOGITATA. Mullc.
The idea 1& not spite or malevolence to the deceased a.forethought.
 MALITIA SUPPLET 1ETATEM 746 MANAGE

M a l i t i.a supplet ootatem. Malice sup­ Malum non habet efficientem, sed de.
plies [the want of] age. Dyer, l04b; Broom, llclentem, causam. 3 Inst. Proem. EvD
Max. 316. has not an efficient, but a deficient, caua8.
M a l i t 1 i B hominum est obvlandum. MalUm non proosumitur. Wickedn ...
The wicked or malicious designs of men is not pres u med. Branch, Prine. ; • Coke.
must be th warted. 4 Coke, 15b. na.

MALLUM. In old Eu ropean law .A MALUM PROHIBITUM.

• .A mODI
court of the higher kind in \yhich the more prohibi ted ; a thing wh i ch Is wron g becaUf(;
importan t busi ness of the cou nty was dis­ prohibitedj an act which is not inherently
patched by the count or earl. Spelma n. A immoral, but becomes so because its commis­
public national assembly. sion is expressly forbidden by positive law;
an act involvin g an illegality resuIling from
M A L 0 ANIMO. Lat. With an evil p ositiv e law. Contrasted witb malum in It.
mind; with a bad p urpose or wrongful in­ Sto ry, Ag. § 846.
tention ; with malice.
Malum quo communius eo pejuB. The
MALO GRATO. In spitA; unwillingly.
more common an evil is, the worse it ii,

MAL0 SENSU. In an evil sense or Branch, Pri nc.

meani ng ; with an evil signification. MaluB usus abolen dus est. A bad or
invalid custom i. [ought] to be abolished.
MALPRACTICE. See MALA PRAXIB.
Litt. § 212; Co. Litt. 141; 1 Bl. Comm. 76;
MALT MULNA. .A quern or malt-mill. Broo m, Max. 921.
,
M A L T-S H O T or MALT-SCOT. .A MALVEILLES. In old Engllsb law. IU
certain payment for making malt. Sam n er. will; cr i mes and misdemeanors ; malicious
practices . Co well.
MALT-TAX. A n excise duty upon m alt
In E ngland. 1 Bl. Carom. 818; 2 Steph . M A L V E I S PROCURORS. S uch as
Carom. 581. used to pack juries, by the nomination of
either party in a cau se,. or other practice.
MALTREATMENT. In reference to tbe
Cowell.
treat ment of bis pati en t by a surgeon, this
term signifies improper or unskillful treat­ MALVEISA. .A warlike engine to batte,
me nt i it may result either from ignorance, and beat down walls.
neglect, or willfulness; hut the word d oes
MALVERSATION. In Frencb law.
not necessarily imply that the cond uct of the
surgeon. in his treatment of the patient, is
This word is applied to all gra ve and punisb­
eitber willfully or grossly careless. 2 Allen,
able faults committed i n the exercise ot ill
142-
Charge or commission, (office,) such as cor.
ruption, exaction, coucussion, la rceny. Merl.
MALUM. Lat. In Roman law. .A mast ; Repert.
the mast of 8 ship. Dig. 50, 17, 242, pr.
MAN. A huma n
being. A pe rson of the
Held to be part of tbe sh ip . Id.
male sex. male of the human species
A
MALUM IN SE. A wrong In itself; an above the age of puberty.
nct or case involvi ng illegality from the very In feudal law, A vassal; a tenant or
natu re of the transaction, upon prinCiples of feudatory. The Anglo-Saxon relation of lora
natural, moral, and publi c law. Story, Ag. and man was originally purely personal, and
§ 346. founded on m utu al contract. 1 Spence, Oh.
An act ill said to be matum in 8e when it 18 in­ 37.
heren tly and essentially evil, that is, immoral in
its nature and injurious in its consequences, with­ MAN OF S T R AW. See MEN 0..
out aoy regard to the fact of its being noticed or STRAW,
punisbed by the law of the state. Such are most
or aU of the offenses cognizable at common law, MANACLES. Chains tor the hand.;
(without the denouncement of a statute i) ElS mur­ shackles.
der, larceny. etc. An act is said to be malum. pro­
h:£bUum whcn it is wrong only because prohibited; MANAGE. conduct: to carry on; to
To
that ie, it is not inherently immoral, but becomes direct the concerns of a business or establish­
illegal because its commission is expressly forbid­
ment. Generally applied to affairs that are
den by positive la.w. Many aots contrary to excise
or revenue laws are considered by moraliate to be
som ewhat complicated. and that involve skill
of this character. and j u <igmeut.
 MANAGER 747 MANCOMUNAL

MANAGER. A person chosen or ap­ MANCIPATE. To enslave; to bind; to

pointed to manage. direct. or administer the
a1fairs of another person or of a corporation
or company.
MANAGERS OF A CONFERENCE.
Members of the houses of parliament HI>"
pointed to represent each house at a confer·
ence between the two iJouses. It is an an·
cient rule that the Dumber of commons
named for a conferf'nce should be double
tbos. of tbe lord.. May. ParI. Pl'. c. 16.
MANAGING AGENT. A person who
18 invested with general power. involving
the exercise of judgment and discretion, as
distinguished from au ordinary agent or em­
ploye, who acts in au inferior capacity, and
under the direction and control of superior
authority. both i n regard to the extent of the
work and the manner of executing the same.
19 Hun. 408.
M A N A G I N G OWNER OF SHIP.
The managing owner of a ship is one of sev­
eral co-owners, to whom the others, or those
of them who join in the adventure, have
delegated the management of the Ship.
bas authority to do all things usual and nec­
essary ill the management of the ship and
the delivery of the cargo. to enable her to
prosecute ber voyage and earn freight, with
the right to appoint an ag€!nt for the pur
pose. 6 Q. B. Div. 93; Sweet.
MAN A GI U M • A mansion-house or
dwelling-place. Cowell.
MAN AS MEDIlE. 11en of a mean con·
dition, or of the lowest degree.
MANBOTE. In Saxon law. A com­
pensati on or recompense for homicide, par­
ticularly due to the lord for killing hi8 man
or vassal. the amount of which was regulated
by that of the were.
MANCA. MANCUS, or MANCUSA.
A square piece of gold coin. commonly valued
at thirty pence. Cowell.
MANCEPS. In Roman law. A pur·
chaser; ono who took the article sold in his
hand ; a formality observed in certain sales.
Calvin. A farmer of the public taxes.
MANCHE-PRESENT. A bribe; a pres­
ent from the dOllar's own band.
MANCIPARE. In Roman 1a w. To sell,
alienate. or make over to another; to 8eU
with certain formalities; to sell a person ; one
of the forms observed in the process of eman­
dpation.
tie.
MANCIPATIO. In Roman law. A cer­
taln ceremony or formal process anciently re­
q uired to be performed, to perfect the sale or
conveyance of res m,ancipi, (land, houses,
slaves, horses, or cattle.) The parties were
present, (vendor and vendee.) with fi ve wit;..
nesses and a person called ulib1·ipens, " who
held a balance or scales. A set form of words
was repeated on either side. indicative at
transfer of ownershi P. and certain prescribed
gestures performed, and the vendee then
struck the scales with a piece of copper,
thereby syrobolizi ng the payment, or weighing
out. of the stipulated price.
The ceremony of mancipatio was used, i n
later times, i n one of the forms of making a
will. The testator acted as vendor, and the
heir (or familia emptor) as purchaser, the
latter sym uolically buying the whole estate,
or succession. of the former. The ceremony
WM also used by a father in making a ficti­
tious aale of his son, which sale. when three
times repeated, effectuated the emancipation
He of the son.
MANCIPI RES. In Roman law. Cer­
tain classes of things which could not be
aliened or transferred except by means of a
­ certain formal ceremony of conveyance called
j'mancipatio." (g. v.) These included land.
houses, slaves. horses, and cattle. All other
things were called " res flee maneipi." The
distinction was abolished by Justinian. The
di'stinction corresponded as nearly as may be
to the early distinction of English law into
real and personal property ; 1'es mancipl being
objects of a military or agricultural character,
and 1'es nee mancip'i being all other subjects of
property. Like personal estate. res nee man·
cipi were not originally eittler valuable in '4
or valued. Brown.
MANCIPIUM. In Roman law. Tbe
momentary cond ition in whIch a fUius, etc.,
might be wl1en in course of emanCipation from
the potestas. and before that emancipation
was absolutely complete. The condition was
not like the dominica potestas over sla.ves.
but slaves are frequently called "mancipta"
in the non-legal Homan authors. Brown.
MANCIPLE. A clerk of the kitcben. or
caterer, especially in COlleges. Cowell.
MANCOMUNAL. In Spanlsb law. An
obll..fsation is said to be mancomuna� when
one perSall assumes the contract or debt of
 MANDAMIENTO 748 MAN DATE

another. and makes himself liable to pay or tensam. Lawful commands receIve astrict
fulfill it. Schm. Civil 'Law. 120. interpretation, but unlawful commands a
broad and extended one. Eae. Max. reg. 16.
MANDAMIENTO. In SpanIsh law.
Commission; authority or power of attorney. MANDATAIRE. Fr. In French law.
A contract of good faith, by which one per­ A person employed by another to do som�
son commits to the gratuitous charge of an­ act for him; a mandatary.
olher bis affairs, ami the latLer accepts the M a n d a t a r i u s terminos sib! positos
charge. White, New Recap. b. 2, tit. 12. c. l. transgredi non poteat. .A. mandatary can­

MANDAMUS. Lat. We command. not exceed the limi� assigned him. Jenk.
This is the name of a writ (formerly a high Cent. 53.
prerogative writ) which issues fl'om a court MANDATARY. He to whom a man­
of superior jurisdiction, and is directed to a date, charge, or commandment is given; also.
private or municipal corporation, or any of he that obtains a benefice by mandamus.
its offi cers , or to an executive, administra­
MANDATE. In practice. A judicIal
tive, or judicial officer, or to an i nferior court,
command or precept proceeding from a court
commanding the performance of a particular
or judicial officer, directing the proper officer
act therein specified, and bplonging to bis or
to enforce a jUdgment, sentence, or decree.
their public, official, or ministerial duty, or .
Jones, Bailm. 52.
directing the restoration at " the complainant
In the practice of the supreme court of the
to rights or privileges of which he has beeu
United States, the mandate is a precept orOf4
illegally deprived.
der, issued upon the decision of an appeal or
The action of mandamus is one, brought in
writ of error, directing the action to be taken,
a court of competent jurisdiction, to obtain an
or disposition to be made of the case, by the
order at such court commanding an inferior
inferior court.
tribllnal, boa.rd, corporation, or person to do
In some of the state j urisdictions, the
or not to do an act the performance or omis­
name " mandate" has been substituted for
sion of which the law enjoins a3 a duty re­
"mandamus" as the fOl'mal title of that writ.
sulting from an omce, trust, or station.
In contracts. A bailment of property ill
'Vhere discretion is left to the inferior tri­
bUnal or person, the mandamus can only regard to wbicb the bailee engages to do
compel it to act, but cannot control such some act without reward. Story, Bailm.
discretion. Uev. Code Iowa, 1880, § 3373. § 137.
A mandate is 8 contract by which a lawful
The writ of manclamU8 is either peremp­
tory or alternative, according as it requires
business is committed to the management of
the defendant absolutely to obey its behest, another. antI by llim undertaken to be per­
or gives him an opportunity to show cause to formed gratuitOUSly. The mandatary is
the contrary. It is tue usual practice to is­ bound to the exercise of Rlight diligence, and
sue tbe altornative writ first. This cOtU­ is responsible for gross negJect. The fact
mands tile defendant to do tile particular act, that the mandator derives no benefit from the
or else to appear and show cause Hgainst it at acts of the mandatary is not of itself evidence
of gross n eg l ig en ce. 42 Miss. 525.
8 day named. If he neglects to obey the
A mandate, procuration, or letter of at­
writ, and either mal{es default in his appear..
ance or fails to show good cause against the torney is an act by which one person gives
application, the peremptory mandamus is­ power to another to transact for bim and in
sues, which commands him absolutely and his name one or several affairs. The mall.
without qualification to do the act. date may take place in five different manners,
-for the interest of the person granting it
MANDANS. In the civil law. The em­ only; for the Joint interest of both parties ;
ployingparty in a contract of mandate. One for the intt'rest of a third person ; for the
who gives a thing in charge to another; oue interest of a third person and that of the
who requi res, requests, or employR another party granting it; and, finally, for the inter�
:;0 do some act for him. lust. 3,27, I, et seq. est of the mandatn.ry and a third perSall.
Civil Code La. arts. 2985. 2986.
MANDANT. In French and Scotch law.
Mandates and deposits closely resemble each
Thlj employing parly in the contract of mati­ other i the distinction being that. in mandates the
datum, or mandate. Story, Bailm. § 138. care and service are the prin cipal, and the cus­
tody the accessory, while in deposits the custody
Mandata licita recipiunt strictam in ..
is the principal thing. and the care and servi.ce are.
terpretatlonem, sed illicita latam et ex- mel�ly accessory. Story, Bailm. S 140.
 MANDATE 749 MANIPULVS

Tbe word may also denote a request or di­ et BtabiliB. Co. Litt. 58. A manor is so
rection. Thus, a check is a mandate by the calI ed from manendo, according to its excel­
drawer to his banker to pay the amount to lence, a seat, great. fixed, and firm.
the transferee or holder of the check. 1 Q.
B. Div. 33. MANGONARE. In old Engl ish la ....
To buy in a market.
In the civil law. The instructions which
the emperor addressed to a public function· MANGONELLUS. A warlike iDstrn­
ary, and which were rules for his conduct. meot for cas ti ng stones against the walls at
These mandates resembled those of the pro­ a castle. Cowell.
consuls, the mandata jU1'isclictio. and were
MANHOOD. In feudal law. A term do­
ordinarily binding on the legates or Jieuten4
ant! of the emperor in the imperial provinces,
noting tbe ceremony of doing homage by the
and there they had the authol'ity of the prin­ vassal to his lord. The formula us ed was,
ciplll edicts. Sav. Dr. Rom. c. 3, § 24, no. 4. " Devenio vester homo," I uecome your man.
2 BI. Comm. 54.
MANDATO. In Spanish law. The coo­ '1'0 arrive at manhood means to arrive at
tract of mandate. Escl'iche. twenty-one years of age. 1 Dev. & B.
MANDATO, PANES DE. Loaves of Eq. 585.
bread given to the poor upon MallDdy Thurs· MANIA. .. Mania is that form at insani­
day.
ty where the mental derangement Is accom­
MANDATOR. The person employing panie(l with more or iess of excitement.
another to perform a mandate. Sometimes the excitement amounts to a fury.
The i ll di vidual in such cases is subject to hal.
MANDATORY. Con tai ning a com­
lucinations and illusions. He is impressed
mand ; preceptive; imperative; peremptory.
with the reality of events which have never
A prov ision in a statu te is mandatury when occurred,
and of things which do not exist.
disobedience to it will make the act done un­
and acts more or less in conformity with his
der the statute absolutely void; if the pro­
belief in these particulars. The mania may
vision is such that disregard of it wil l COll­
be general, and affect all or most of the op­
stit ute an irregularity. but one not necessa­
erations of the mind; or it may be partial.
rily fatal. it is said to be di1'ecto1'Y. So, the
and be can fined to particular su bjects. In the
mandatory part of a writ is that which com­
latter case it i s generally termed ' monoma­
mands the person to do the act specified.
nia,' '' Per Field, J., 2 Abb. (U. S.) 5lD.
MANDATORY INJUNCTION. In
equity practice. An order compelling a de­ MANIA A POTU. A disease induced
tendant to restore things to the condition in from the intemperate use of spirituous liq­
wbich they were at tile tim e when the plain­ uors; the same as delirium trem61l.8.
tiff's complaint was made. 33 Law J Eq.
M A N I F E S T . In maritime law. A­
(N. S.) 393.
sea-letter ; a written document required to be
MANDATUM. Iu the ci vil law. The carried by merchant vessels. containing an
contract of mandate, (q. '0.) account of the cargo. with other particulars,
MANDAVI BALLIVO. (I have com­
for the facility of the customs officers.
mnnded or marle my mandate to the bailiiI.) In evidence. That which is clear and re­
In English pr actice. The retu rn made �y a quires no proofi that which is notorious.
aheriff. where the bailiff of a liberty has the
Manifesta probatione non indigent. 7
execution of a w rit. that be bas commanded Coke. 40. Thinga manifest
do not require
the bailiff to execute it. 1 Tidd, Pro 809 ; 2 proof.
!!'idd, Pr. 1025 .
MANIFEST O. A formal written decla­
M A N E N T E S'. Tenants. ObsoMe_
ration, prom lllgated by a prince, or by the
Cowell.
executive authority or a state or nation, pro­
MANERA. In Spanish law. Manner or claiming its reasons and motives for declar.
mode. Las Partida.. pt. 4, tit. 4, 1. 2. ing a war, or for any other important inter­
MANERIUM. In old English law. A national acLion.
manor.
MANIPULUS. I n canon law. A hand­
Manertum dicltur a manendo, secun­ kerchief. which lhe priest always h ad in biJ
dum exceUentiam, sedes magna, ftX8, left hand. Blount.
 MANKIND
MANKIND. The race or species of hu­
man beings. In law, females. as well as
males, may be included under this term.
Fortese. 91.
MANNER. This is 8 word of large sig­
nification. but cannot exceed the, subject to
which it belongs. 'rhe incident cannot be
extended beyond its principal. 75 Pa. St.
89, 54_
MaDDer does not necessarily include time. Thus,
a statutOry requirement that 0. mining tax shall be
"enforced in the same manner" as certain annual
taxes need Dot imply an annual collection. 8 Nev.
15, 29.
AI"" 8 thing stolen, In the hand of the
thief; a corruption of H mainour, " (g. 'D.)
MANNER AND FORM ; MODO ET
FORMA. Formal words introduced at the
conclusion of a traYerse. Their object is to
put the party whose pleading is traversed not
only to the proof that the matter of fact de.­
nied is. in its general effect, true as alleged,
but also'that the manlier and form in which
the fact or facts are set forth are also capable
of proof. Brown.
MANNING. .A day'. work of a man.
Cowell.A summoning tv court. Speln,.Ul.
MANNIRE. To cite any person to ap�
pear in court and stand in j udgm ent there.
It is different from bannire; for, though both
of them are citaLions, this is by the adverse
party, and that is by tbe judge. Du Cang••
MANNOPUS. In old English law.
Goods taken in the hands of an apprehended
thief. The same as "mainouT, " (g. 'V.)
MANNUS. A horse. Cowell.
MANOR. A house, dwelling, seat, or
residence.
In English la.w, the manor was origi­
nally a tract of land granted out by the
ting to a lord or other great person, in fee.
It was otherwise called a " barony" or "lord­
ship." and appendant to it was t he right to
bold a court, called the Ucourt-baron." The
lands comprised in the manor were divided
into teJ''f(lJ tenementales (tenemental lands or
bocland) and terrre dominicales. or demesne
lands, Tne former were given by the lord
of the manor to his followers or retainers in
freehold. The latter were such as he re­
served for his own use; but of these part
were held by tenant.s in copyhold. i. e . , those
holding by a copy of the record in the loru's
court; and purt, under the name of the
"lord's waste," served for public roads und
commons of pasture for the lord and ten·
750 MANSLAUGHTER
ants. The tenants, considered in their rela�
tion La the court·baron and to each other,
were called IIpa'1'8S curire. " The word also
signified the franchise or baving a manor,
with jurisdiction for a court-baron and the
right to the rents and services ot copyhold.
ers,
In America.n law. A manor Is a tract
held of a proprietor by a fee-farm rent in
money or in Idnd, and descending to the old·
est son of the proprietor. who in New York
is called a II patroon. " 13 N. Y. 291.
M A N Q U E L L E R . In Saxon law. A
murderer.
MANRENT. In Scotch law. The servo
ice of a mao or vassal. A bond of manrent
was an instrument by wbich a persoD, in or·
der to secure the protection of some powerful
lord, bound himself to such lord for the per·
formance of certain service!.
MANSE. In old English law. A habi.
tation or d welling. generally with land lit·
tached. Spelman.
A residence or d welling-house for tbe par·
ish priest; a pars onage or vicantge house.
Cowell. Still used in Scotch law in this
sense.
MANSER. .A bastard. Cowell.
MANSION. .A dwelling-house.
In old English law. Residencej dweJl�
ing.
MANSION-HOUSE_ In the law ot
burglary, etc., any speCIes ot dwe1ling·bouse.
S lnst. 64.
MANSLAUGHTER. In criminal law.
The unlawful killing otanother wi th out mal·
ice, eit.ller express or implied; which may be
either voluntarily. upon a sudden heat., or in·
voluntarily. but in the commission of some
unlawful act. 1 Hale, P. C. 466i 4 HI.
Comm . 1 91.
ManSlaughter is the unlawful killing of a
bumau creature without malice. either ex·
press or implied. and without any mixture­
of deliberation whatever; whicb may be vol·
unLlIry, upon a sudden beat of paSSion, or
involllnLary. in the commission of a n unlaw·
ful nct, or a lawful act without due caution
and circumspection. Code Ga. 1882, § 4324 j
Pen. Code Cal. § 192.
l'ho distinction between "manslaughter" and
"mul'der " consists in the following: In the for,
mer, though the act which occasions the death be
unlawlul or likely to be attended with bodlly mi&­
chief, yet the ma.lice., either expresa or implied,
which is the very essence of murder, I, prE!8umed
 MANSLAUGHTER 751 MaNUMISSION

to be wnnting in manslaughter. 1 East, P. C. 218; MANUALIS OBEDIENTIA. Sworn

5 Cuah. 304.
obedience or submission upon oath. Cowell.
It. also dift'ers from umurder - in this : that there
can be no accessaries before the fact, there having MANUCAPTIO. In old English prac..
been DO time lor pl'omeditatiOD. 1 Hale, P. C. 437;
ticp A wri t which lay for a man taken on
I Ruas. Crimes, 4S5 i 1 Bish. Crim. Law, 678.
suspicion of felony, and the like. who could
MANSO, or MANSUM. A mansion or no� be admitted to. bail by the sheriff, or
bouse. Spelman. others baving power to let to mainprise.
Fitzh. Nat. Brev. 249.
MANSTEALING. A word sometimes
used synonymously with "kidnapping," MANUCAPTORS. The same as main.
(q • •• ) pernor•.

MANSUETUS. Tamo; as though •.,. MANUFACTORY. A. building. the

cu stomed to come to the band. 2 BJ. Comm. main or principal design or u8eof which is to
891. be a place for producing articles as products
of labor; not merely a place where som�thing
MANSUM CAPITALE. Tbe manor·
may be made by hand or machinery, but
house 01 lord 's court. Paroch. Antiq. 150.
what in common understanding is known as
MANTEA. In old records. A long robe a "factory." 57 Pa. St. 82.
or mantle.
MANUFACTURE. .. The primary
MANTHEOFF. In Saxon law. A. horse-­ mea.ning of this word 18 " making with the
atealer. hand," but tbis definition is too nal'l'ow tor
its present use. Its meaning has expanded
MANTICULATE. To pick pocketo.
as workmanship and art bave advanced, so
MAN·TRAPS. Engine. to catcb tres· th at now nearly all artificial products of hu­
passers, now unlawful unless set in a dwell­ man industry, nearly all such materials as
ing-house for defense between sunset and bave acquired cbanged conditions or new and
lunri,e. 24 & 25 Vict. c. 100. § 31. specific combinations, whether from the di­

MANU BREVI. Lat. With a sbort rect action of the human lland, from chem�

band. A term used in the civil law, signify­ ical processes devised and directed by human

Ing sllOrtly; directlY i by the shol'test coursej skill, 01' by the employment of machinery.

without circuity. are now commonly deSignated as uman uf'l.ct.

ur,d." 57 Md. 526. See. also. 5 matchf.
MANU FORTI. With strong hand. A 215; 59 Mich. 163. 26 N. W. Rep. 311.
term used in old writs of trespass. Manu
forU st cum multitudine gentium, with MANUFACTURE. n. In patent law.
strong hand and multitude of people. Reg. Any useful product made directly by human
Orig. 183. labor. or by the aid of machinery di rected
and controlled by human power. and either
MANU LONGA. With • long hand.
from raw materials, or from materials worked
A term used in the- civil law. signifying in�
up into a new form. Also tbe process by
directly or circuitously. Calvin.
which such products are made or fashioned.
MANU OPERA. Cattle or Implemento
MANUFACTURER. One who i. en·
ot husbandry: also stolen goods taken from
gaged in the business of working raw ma­
a thief caught in the fact. Cowen.
terials into wares 8uitaule fm: use. 63 How.
MANUAL. Performed by the band; used Pr. 453. See MANUFAC'l'URE.
or employed by tbe band; beld In the hand.
M A N U F A C T U R I N G CORPORA:
Thus. a distress cannot be wade of tools i n
TION. A corporation engaged i n the pro..
the "mauual occupation" of the debtor.
dl1ction of some article, thing, or object. by
MANUAL GIFT. Tbe manual gift. skill or labor, out of ra� material, or from
th at 15. the giving of corporeal movable ef­ matter which has already been subjected to
teets, accompanied by a real delivery. is not artifiCial forces, or to which something bas
.ubiect to any formality. Civil Code La. art. been added to change its natural condition.
1539. 00 N. Y. 181. 1 N. E. Rep. 669. The
term does Dot include a mining corporation.
MANUALIA BENEFICIA. Tbe dally
106 .llilSS. 135.
distributiona ot meat and drink to the canons
and other members of cathedral churches for MANUMISSION. Tbe act of liberating
their prlilsent lubsistence. Cowell. a slave from bondage and gi ving him free.
 MANUMITTERE, ETC. 752 M AR CHE TA

dom. In a wider sense, releasing or deliv. an u nd erstan d in g of the original." 3 Minn.

ering one person from the power or control 103. ( Gil. 55. )
ot another.
MARA. In old records. A mere or moor;
M a n u m i t t e r e idem est quod extra 8 lake, pool, or pond; a bog or marsh that
manum '(el potestatem ponere. Co. L itt. cannot be drained. Cowell ; Blount; Spel­
137. To manumit is thesama as to place be­ man.
yond hand and power.
MARAUDER. "A marauder is defined
MANUNG, or MONUNG. In old En­ in the law to be • eDe who, while employed
glish law. The district within the jurisdic. in the army as a soldier, c om mits larceny ot
tion of a reeve, appa.rently 80 c al led from his robbery in the neighborhood ot the camp, or
power to exercise therein one of h i s chief while wanderi ng away from the army. 1 But
funcUons. viz•• to exact (amanian) all Hnes. i n tile modern and metaphorical stmae of tl1e
word. as now sometimes used in common
MANUPES, A foot ot full and legal speecb , it seems to be appl i ed to a class ot
measure. pe rsons who are no t a part of any regular
MANURABLE. In old Engl ish law. army. and are not ans werable to any military
Capable ot being had or held in hand; capa­ diSCip li ne, but who are mere lawless banditti,
ble of ma nu al occupation; capable of being engaged i n plundering, robbery. murder, and
cultivated ; capable of being toucbed; tangi­ 811 concei vable crimes." 37 Mo. 328.
ble; corporeal. Hale, Anal. § 24. MARC-BANCO. The name of a p iece
of money coined at Hamb urg. Its valu e is
MANURE_ In old Engl is h law. To oc­
thirty- five cen ts.
cupy; to use or CUltivate; to have in mao­
ual occupation; to besLow mauual labor up­ MARCA. A mark; 8 coin of the value of
on. Cowell. IS•. 4d. Spelman.

MANUS. Lat. A hand- MARCATUS. The rent o! a mark by the

In the civil law , this word signified pow· year anciently reserved in leases. etc.
er, control, authority. the right of physical
MARCH. In Scotch law . A. boundary
coercion, and wa� often used as synonymous
line or border. Dell. The word is also used
with "potestas. "
in composition j as march-dike, ma1'ch-stone.
In old English law, it Signified an oath
MARCHANDISES AVARI EES. In
or the person taking an oath; a compurgator.
Fren ch mercantile law. Damaged goods,
MANUS MORTUA. A dend band;
MARCHERS. In old Englis h law.
mor tmain . Spelman.
Noblemen who lived on the marshes of \Vale9
MANUSCRIPT. A writing; 8 paper or Scotland. and who. accordi n g to Camden,
written with the hand; a writing that has had their private In \VB, as if th ey had been
not been printed . petty kings; which were abolished by tbe

MANUTENENTIA. The old writ ot statute �7 Hen. VIII. c_ 26. CaJled also

maintenance, Heg, Orig . 182. ulords marchers. " Cowell .

MARCHES. An old Engllsb term for

MANWORTH . In old English law.
boundaries or frontiers. particularly the
The price or value ot a man's life or head.
boundaries and limits between England and
Cowell.
Wales. or between England and Sco Uand, or
MANY. T hi s term denotes a multltude. the borders of the domin ions of the crown, or
not merely a number greater than that ds­ th e boundaries of · properties in Scotland.
noted by the word " few." (Aln.) 6 South. Mozley & Whitley.
Rep. 282.
MARCHES, COURT OF. An aboli,bed
MANZIE. In old Scotch law. Mayhem; tribu nal in 'Vales. where pleas of debt or
mutilation of the body of a person. Skene. damages, not auove the val ue of .£50, were
triea and determ ined. Cro. Car. 384.
MAP. A representation of th e earth's
surface. or of some portion of it. sllowing the MARCHETA. In old Scotch law. .a
relative pos i tion of the parts represented. custom for the lord of 8 fee to He the flrs�
usually on a fiat surface. ·Webster. "A map night with the oride of his tenant. Abol·
is but a transcript of the region which it por­ lshed by Malcolm Ill . Spelman ; 2 BI.
trays, narrowed in compass 80 as to facilitate Comlll. 83.
 MARCHETA 758 MARINE INSURA�CE

..l. fine paid by the tenant for the remission martna'TiU8 capitaneua was the admiral or
ot such right, origmally a mark or half a warden of the ports.
mark of silver. Spelman.
MARINE. Naval; relating or pertaining
In old English law. A fine paid for
to the sea ; transacted at sea; doing duty or
l"ave to marry, or to bestow a daughter in
service on the sea.
marriage. Cowell.
This is al80 a general name for the navy at
MARCHIONESS. A dignity in a woman a kingdom or state; as also the whole econo­
answerable to that of marquiS in It man, con· my of naval affairs, or whatever respectii the
ferred either by creation or by marriage with bllilding, rigging. ar m ing. equipping. navl�
a marquis. \Vharto o. gating, and fighting ships. It comprehends
also the government of naval armaments,
MARE. Lat. The sea.
and the state of all the persons employed
MARE CLAUSUM. Tbe sea closed ; therein, whether civil or m ilitary. Also one
that is. not open or free. The title of Sel. of the marines. 'Vhartou.
den's great work, intended as an answer to
MARINE CONTRACT. One relating
the Ma're Libe7'wn of Grotius; in which he
to maritime affairs, Shipping. navi gation ,
unde;:-takes to prove the sea to be capable
marine insurance, aff reightment, maritime
of private dominion. 1 Kent. Com m. 27.
loans, or other business to be done upon tbe
MARE LIBERUM. The sea free. The sea or in connection with naVigation.
tiUa of a work written by Grotius against the
l'ortuguBse cla.im to an exclusi va trade to the MARINE CORPS. A body of soldiers
Indies, through the South Atlantic and In­ enlisted and equipped for service on board
dhn oceans ; showing that ihe sea was not vessels of war ; also the naval forces at the
capallie at private dominion. 1 Kent, nation.
Carom. 27.
MARINE COURT IN THE CITY OF
MARESCALLUS. In old English law. NEW YORK. A local court of New York
A marsbal ; a master of tl:e stables i an offi­ having origiual jurisdiction of civil causes,
cer of the exchequer; a military officer at where the action is for personal inj uries or
higb rank. having powers and duties similar defamation, and of otber civil actions where
to tboo� of a constable. Du Cange. See the damages claimed do not exceed 82,000.
MA 1,,snA.L. It is a court of record. It was originally
created as a tribunal for the settlement ot
M�&ESCHAL. L. Fr. Marshal ; a high
causes between seamen.
otllOOl' 1)f the royal household. Britt. fol. lb.

MARET'llUM. Marshy gronnd over­ MARINE INSURANCE. A ccntract

flowed by the sea or grea t riverso Co. Lut. 5. whereby, for a consideration stipulated to be
paid by one interested i n a 8hip. freight. or
MARGIN. A sm::::t of monoy, or its equiv­ cargo. subject to tbe risks of marine naViga­
alent, placed i n the hailds of a stockbroker tion, another undertakes to indemnify him
by the principal or person on wbose account against some or all of those risks during a
the purchase is to be made, 8S a security to certain period or voyage. 1 Phil. 1118. 1.
tbe former against losses .to which be may be A contract wherehy one party, for a sttpu�
exposed by a subsequent depression in tIle lated premium. underiakes to Indemnify the
m&rk.� value of tho stock. 49 Barb. 468. other against certain perilS or 8ea�risks to
which bis ship. freight, and cargo, or 80me
MARGINAL NOTE. In Scotch law.
of them, may be exposed durjng a certain
A.. note inserted on the margin of a deed,
voyage, or a fixed period of time. S Kent.
embodying either some clause which was
Comm . 258.
omitted in transcribing or some change in
Marine insurance 18 an insu rance against
the agreement of the parties. Bell.
risks connected with navigation, to which a
An abstract of a reported case, a 8ummary
ship. cargo, freightage, profits. or other iD�
ot the facts, or brief statement of the prin..
8urable interest in movable property may be
ciple decided. which is prefixed to the report
exposed during a certain voyage or a fixed.
of tbe ca3e, sometimes in tbe margin, is also
period of time. Civil Code Cal. § 2655.
8poken of by thiB name.
A contract of mad ne insurance is one by
MARINARIUS. An ancient word which which a person or corporatioD, for a lItiplJ.
signified a mariner or seaman. In England, lated premium, insures another against losses
�\M.DICT.LAW-48
 MARINE INTEREST 754 MARITIME JURISDIOTION

occurring by the casualties of the sea. Code MARITAGIUM HABERE. To have

Ga. 1882, § 2824. the free disposal of an heiress in marriage.

M A R I N E INTEREST. Interoet. al· MARITAL. Relating to. or connected

lowed to be stipulated for at an extraordinary with, the statu.s of marriage; pertaining toa
rate, for the use and risk of money loaned on husband; incideHt to a husband.
respondentia and bottomry bonds.
MARITAL COERCION. eoercion 01
MARINE LEAGUE.A measure of the wife by the husband.
distance commonly employed at sea, being
MARITAL PORTION. In Louisiana.
equal to one-twentieth part of a degree of
The name gi ven to tbat part of a deceased
latitude.
busband's estate to wbich the widow is en­
MARINE RISK. The perils of the sea; titled. Civil Code La. art. 55i S Mart. (N.
the perils necessarily incident to Da vigation. S.) 1.

MARINE SOCIETY. In English law. MARITAL RIGHTS. The rights of •

A charitable institution for the purpose of husband. The expression is cbiefly used to
apprenticing boys to the naval service, etc., denote the right of a husband to property
incorporated by 12 Geo. lIT. c. 67. which bis wife was entitled to during the
continuance ot the marriage.
MARINER. A seaman or sailor; one
engaged in navigati n g vessels upon the sea. MARITIMA ANGLIlE:. In old En.
glish law. The emolument or revenue com·
MARINES. A body at infantry soldier••
ing to the king from the sea, which the sher­
trained to serve on board of vessels of war
iffs anciently collected, but which was after.
when in commission and to fight in naval en­
wards granted to the admiral. Spelman.
gagementil.
MARITIMA INCREMENTA. In old
Maris et fceminoo conjunotio est de
EngliSh law. Marine increases. Lands
jure naturoo. 7 Coke, 13. The connec­
gained from the aea. HaJe, de Jure Mar. pt.
tion of male and temale is by tbe law of nat­
1, c. 4.
ure.
MARITIME. Pertaining to the sea or
MARISCHAL. An olllcer In Scotland.
ocean or the navigation thereof; or to com·
who, with tbe lord high constable, possessed
merce condu<:t�d by navigation of t.be Bea or
a supreme itinerant jurisdiction in all crimes
(in America) of the gre-at lakes and rivers.
committed within a certain space of the
It is nearly equivalent to " marine" in
court, wherever it might happen to be.
many connections and uses; in others, the
Wharton.
two words are used as quite distinct.
MARISCUS. A marshy or tenny ground.
MARITIME CAUSE. A cause of action
00. Lltt. 5a.
originating on the high seas, or growing out
MARITAGIO AMISSO PER DE· of a maritime contract. 1 Kent, Comm.
FALTAM. An obsolete writ for the tenant 367. et seq.
in frank-marriage to recover lands, etc. , . of
MARITIME CONTRACT. A contract
which he was deforced.
whose subject-matter has relation to the navi·
M A R I T A G I U M. Tbe portion which gation of the seas or to trade or commerce to
is given with a daughter in marriage. Also be conducted by navigation or to be done
the power which the lord or guardian i n upon the sea or in ports. Over such COn­
chivalry had of disposing of his infant ward tracts the admi ralty bas concurrent jurisdic>
1n matrimony. tion with the common·law courts.

Maritagium est aut liberum aut ser­ MARITIME COURT. A court exer.
vitio ohligatum ; liberum maritagium cising jurisdiction in maritime causes; one
dicitur ubi d on a tor vult quod terra sio which possesses the powers and jurisdiction
data quieta sit et libera ab omni secu­ of a court of admiralty.
lari s6rvitio. Co. Litt. 21. A marriage
MARITIME -INTEREST. An expres­
portion is eitl?er free or boung. to service; it
.,ion equivalent to marine interee.t, (q. G.)
1B called " frank-marriage " when tbe giver
wills that land thus given be exempt from all MARITIME JURISDICTION. Juri..
secular service. diction in maritime causes; 8uch jurisdictioD
 MARITIME LAW 755 MARKET

as belongs to a court of admiralty on tbe in­ or other navigable water, and bence falling
stance side. within the jurisdiction of a court of admil'aJ..
ty. The term is never applied to a tort com­
MARITIME LAW. That system of law
mitted upon land, thongh relating to mari­
which particularly relates to commerce and
time matter.. See 3 Wall. 33; 17 Fed. Rep.
navigation, to business transacted at sea or
387.
relating to navigation, to ships and shipping,
to seamen, to the transportation of persons MARITUS. Lat. A husband ; a mar­
and property by sea, and to marine affairs ried man. Calvin.
generally. l, .A. character, usually in the
MARK.
The law relating to harbors. ships, and torm of a cross. made as a substitute for bill
seamen. An important branch of the com­
Signature by a person who cannot write. in
mercial law of maritime nations; divided into executing a con veyance or other legal uocu­
a varieLy of departments, such as those about
ment. It is commonly made a& follows: .A.
harbors, property of ships. duties and rights
third person writes the name of the mark8�
of masters and seamen, contracts of affreight..
man, leaving a blank space between the
ment, average, salvage. etc. Wbarton.
Christian name and surname; in this space

A lien arising out
MARITIME LIEN.
ot damage done by a ship in tbe course of
navigation, as by collision, which attaches
to the vessel aud fCtiighL, and is to be enforced
the latter traces the mark. or crossed lines,
and above the mark is written "his," (or
" her, ") and below it, "mark."
2. The Sign, writing, or ticket put upon

by an action in rem in the admiralty courts. manllfactured goods to distinguish them from
others, appearing thus in the compo und,
MARITIME LOAN. A contract or "trade-mark. "
agreement by which one, who is the lender, S. A token, evidence, or proof; as in the
lends to another, who is the borrower, a cer­ phrase " a mark of fraud."
tain sum of money, upon condition that if 4. A weight used in several parts of Eu�
the thing upon which tbe loan bas been made rope, and for several commodities, f'specially
should be lost by any peril of the sea, or 'Via gold and silver. When gold and silver are
mojo?', the lender shall not be repaid unless sold by the mark, it is divid&l tnto twenty­
what remains shall be equal to the sum bor­ four carats.
rowed ; and if the thing arrive in safety, or 5• .A money of accou nts in England, and
in case it shall not have been injured but by in some other countries a coin, The English
its own defects or the fault of the master or mark is twa-.thirds of a pound sterling, or
mariners. lhe borrower shall be bound to re­ 13s. 4d.i and the Scotch mark is of equal
turn tbe sum borrowed, together with g cer­ value in Scotcb money of account. Ene.
tain sum agreed upon as the price of the haz­ A.mer.
ard incurred. Emerig. Mar. Loans, c. 1.
6. In early Teutonlo and English
1. 2. law. A species of village community, being
MARITIME PROFIT. A term used the lowest unit in the political system ; one of
by Fl'ench writers to signl fy any profit de-­ the forms of the gens or clan. variously known
rived from a maritime loan. as tbe "mark," "gemeinde," "cummune, "
or "parish . " Also the land beld in common
MARITIME SERVICE. In admiralty by such a community. The union of several
law. A service rendered upon tbe high seas such village commu nities Bnd their marks,
or a navigable river, and which has some re­ or common landS. forms tbe next higher pa-.
lation to commerce or nayigalion,-some litical union. the hundred. Fl·eem. Compar.
connection with a vessel employed in trade, Politics. 116. 117.
with her equipment. ber preservation. or the 7. The word is sometimes used as another
preservation of her cargo or crew. 4 Woods, form of "marque, " a license of reprisals,
267. 16 Fed. Rep. 924.
MARKEPENNY. A penny anciently
MARITIME STATE. I n English law. paid at tbe town of Maldon by those who bad
consists of the officers and mariners of the gutters laid or made out of their houses into
British navy, who are governed by express the streets. Wlwrton.
and permanent laws, or the articles of the
MARKET. A public time and appointed
navy, established by act of parliament.
place of buying and selling; also purchase
MARITIME TORT. A tort committed and sale. It differs trom the/orum. or mar­
opon the hilh seas, or upon a naV igable river ket ot antiquity. wbich waa a publio mark.
 MARKET 756 MARRIAGE

place on one "ide only, or during one part of
the day only. the other sides being occupied
by temples, theaters, courts of justice, and
other public buildings. 'Wharton.
Tile liberty, p ri vilege, or franchise by
which a town holds a market, which can only
be by royal grant or immemorial usage.
By the term " market" is also understood
the demand there is for any particular article;
88. "tue coLton market in Europe is dull . "
MARKET GELD. The toll o! a market.
MARKET OVERT. In English law.
An open and puLlic market. The mal'ket�
place or spot of ground set apart by custom
for the sale of particular goods is, in th e
country, the only market OVe1'tj but in Lon�
don every shop in which goods are exposed
publicly to sale is market overt, for such
things only as the owner professes to trade
in. Godb. 131; 5 Coke. 83; 2 Bl. Comm. 449.
MARKET PRICE means. when price
.at the place of exportation is in view. the
price at which articles are sold and purchased,
clear of every charge butsuch as is laid upon
it at the time of sale. 2 Wash. C. C. 493.
M A R K E T TOWNS. Those towns
which are entiUed to hold markets. 1 Steph.
Comm. (7th Ed.) 130.
MARKET VALUE sIgnifies a price es­
tab lished by public sales. or sales in the way
of ordinary business. 99 Mass. 345.
It related to land tenures, and to procedure,
und to uola wful and excessi ve uistresses.
M A R Q U E AND REPRISAL, LET.
TERS OF. These words. "marque" and
" reprisal," are frequently used us synony·
mous. but. taken in their strict etymological
sense. the latter signifi es a .. taking in re­
turn ; " the former, the passing the fronti ers
(maTches) in order to such taking. Letters
of marque and repr isal are grantable. by Lhe
law of nations, wuenever t.he subjects of one
state are oppressed and inj ured by those ot
another, and justice is denied by that state
to which the oppressor belongs; and the par­
ty to whom these letters arc granted milY
then seize the bodies or the goods of the sub­
jects of the state to which tbe offender be­
longs, until satisfaction be made, wherever
they happen to be found. Reprisals are to
be granted only in case of 8 clear and open
denial of ju stice. Atthe present day. in con.
sequence p:lrtly of treaties and partly of the
practice of natioDs, the making of reprisals
is confined to the seizure of commercial prop.
erty on the bigh seas by public cruisors, or
by pri vate cruisers specially autborized there­
to. Brown.
MARQUIS, or MARQUESS. In En.
glish law. One of the secuou oruer of no­
bilitYi next i n order to a duke.
MARQUISATE. The seigniory of. mar­
quis.

MARKET ZELD, (properly market MARRI AGE. Marriage, as distin.

geld.) In old records. The toH.ofa market. guished from the agreement to marry and
Cowell. from tbe Rct of becoming married, is the civil
status of one mHD and one woman united in
MARKETABLE. Such thIngs as may law for life., for the discharge to each other
be aold in the market; those for which a and the community of the duties legally in.
buyer may be found.
cumbent on those whose associalion is found.
MARKETABLE TITLE. A " market­ ed on the distinction of sex. 1 Bisb. Mar. &;
able title" to land is such a title as a cOUltof Div. § 3.
eqUity, when asked to decree specific per­ A contract, accord ing to the form pre­
formance of the contract of sale, will compel scribed by law. by which a man and woman,
the vendee to accept as sutDcient. It is said capable of entering into such contract, ml1tu­
to be not merely a defensible title. but a title ally engage with each other to live their
which is free from plausible or reasonable ob­ whole 1hes together i n the state of union
jections. which ought to exist between 8 busband and
wife. Shelf. Mar. & Div. 1.
MARKSMAN. In practice and convey_
Marrillge is a personal relation arising out of •
ancing. One who makes his mark; a person oivil contract, to which the consent of parties ca­
wh o ('an not write, and only wakes iJis murk pable of making it is necessary. Consent alone
iu executing instrumel].ts. Arch. N. Pr. lS ; will not constitute marriagej it must be followed
by a solemnization, or by a mutual assumption of
2 Cbit. 92.
marital rights, duties, or obligations. Civil Code
MARLBRIDGE, STATUTE OF . .An Col. § 55.
Marriage i.e the union of one man and one W�
EngUsh statute enacted in 1267 (52 Hen.
man, "80 long as they both shall live, " to the ex
ill . ) at Marlbridge, (now called " Marlbor­ clusion of all others, by an obligation which, dur­
ough, " ) where parliament was then sitti ng. ing that time, the parties cannot of their own vall.
 MARRIAGE 757 MhRSHALl�G ASSETS

UOD and act dissolve. but which can be dissolved
IDly by authority of tbo stat{). 19 Iod. 53.
Thf\ word also signifies the act. ceremony,
or formal proceeding by which perBolls take
each other for husband and wife.
In old English law, marriage is useq in
the �nse of "maritagium," (g. "'. , ) or the
estate might be lim ited to the husband and
issue. or to the wife and issue, or to husband
and wife for their jOint lives, remainder to
the survivor for life, remainder over to the
issue, or otherwise. Such settlements may
also be made after marriage. i n which case
they Rre called II post-nuptial."

feudal right enjoyed by the lord or guardian

MARRIED WOMAN. A womau who
In chivalry of dispos ing of his ward in mar­ has a husband living and not divorced; a
riage. feme covert.
MARRIAGE ARTICLES. Articles of
MARSHAL. In old English law. The
agreement between parties contempJaLing title borne by several officers of state ami of
marriage. intended as prelimi nary to a formal
tbe law, of whom the most i mportant were
marriage settlement. to be drawn after mar­
the following: ( 1 ) The earl-marshal, who
riage. Ath. Mar. Sett. 92. presided in tbe court of chivalry; (2) the mar­
MARRIAGE BROKAGE. The act by shal of the king's house, or knight-marshal.
which 8 third person, for a consideration . whose special authority was in the k i ng'!
negotiates a marria.ge between a man and pulace, to hear causes between members at
woman. The money paid for such services tile household, and punish faults committed
� also known by this name. within the verge; (3) the marshal of the
king's bench prison, who had the custody at
MARRIAGE CEREMONY. The form,
that jail; (4) tbe marshal of the exchequer,
religloliB or civil, for the solemnization of a
who had the custody of the king's debtors ;
murriage.
(5) the marshal of the judgeof assize, whose
MARRIA G E CONSIDERATION. duty was to swear in the grand jllry.
The consideration furnished by an intended In American law. An oIDcer pertaining
marriage of two persons. It is the h ighest to the organization of the federal judicial sys­
considcra�ion known to the law. tem, wbose duties are sim ilar to those of a
sheriff. He is to execute the process of the
MARRIAGE LICENSE. A liceDse or
United States courRi within the district for
permisaion granted by public authority to
which he is appointed, etc.
pe:3')D:J who intend to intermarry. Hy stat­
Also, in some of the states. this is the name
ute. in some jurisdictions, it is made an 68-
of an officer of police. i n a city or borough,
lentia! prerequisite to the lawfUL solemni�
having powers and duties corresponding gen­
tiOtl of th.:) marriage.
erally to those of a constable or sheriff.
Id A R R I A G E-NOTICE BOOK. A MARSHAL OF THE QUEEN'S
book. kzpt, i n England, by the registrar, in BENCH. An officer who had the cllstody
which applications for and issue of registrar'8 of the queen's bench prison. The St. 5 ,,-t 6
licenses to marry are recorded. Vict. c. 22, abolished this office. and substi­
tuted an officer called " keeper of the q lIeeD'.
M A R R I A G E PORTION. Dowry ; a
prison. "
lum of money or other property which is
given to or settled on a woman on her mar­ MARSHALING ASSETS. In equi�y,
riage. The arran ging or ranking of assets in the due
order of administration. Such an auang&­
MARRIAGE PROMISE. Betrotbal ;
went or Ule different funds under adminis­
engagement to intermarry with another.
tration as shall enable all the partIes having
MARRIAGE SETTLEMENT. A writ­ equities thereon to receive their due propor­
tel' agreement i n the nature of a conveyance, tions, notwithstanding any intervening in­
called a " settlement," which is made i n con­ terests. liens, or other claims of particuJ;u
templation of a proposed marriage and in persous to prior satisfaction out of a portion
consideration thereof, either by the parties of these funds. The arrangement or ranking
abc.ut to intf'rmarry, or one of them. or by a of agsets in a certain order towards the pay­
parent or relation on their behalf, by which mell� of debts. I S�ory, Eq, Jur. § 558; 4
the title to certuin property is settled, i. e., Kent, Com m . 421.
Oxed or limited to a prescribed course of The arrangement of assets or claims so as
811ccessi('!n ; the object being. usually. to pro­ to secure tbe proper application of the assets
vide for the wife Rnd children. Thus, the to the various clai m s ; especially when there
 MARSHALING LIENS
are two classes of assets, and some credito1'8
caD enforce their claims against both, and
others against only onc, and tbe creditors of the
tormer class are compelled to exhaust the as-
8ets against which they alone have a claim
before having recourse to other assets. thus
providing forthe settlement of as Dlany claims
as possibl.. Pub. St. !lass. p. 1292.
MARSHALING LIENS. Th. ranking
or ordering of several estates or parcels of
land. fOl" the satisfaction of a jUdgment or
mortgage to which they are a.ll liablp, though
successively conveyed away by the debtor.
The rule is tlmt. where 1<10(18 subject to the
lien of a jUdgment or mortgage have bern
Bold or incumbered by the owner at different
times to di ITerent purchasers, the various
tracts are liable to the sati�faction of the lien
In the inverse order of their alienation or in­
cumbrance. the land last sold being first
chargeabl•. 1 Black, Judgrn. § 440.
MARSHALING SECURITIES.
hquitable pract:ce, which consists in so rank­
ing or arranging classes of creditors, with
respect to the assets of tbe common debtor.
as to provide for satisfaction of the greatest
Dumber of claims. The process is
Where onc class of creditors have liens or se­
curities on two funds, while anotber class of
creditors can resort to only one of those funds,
equity will compel the doublY-RPcll red credit­
ors to first exhaust that fund wldeh will leave
the single security of the other creditors in­
tact. See I Story, Eq. Jur. § 633.
MARSHALSEA. In English law.
prison belonging to the king's bench.
has now becn consolidated with others. un­
der the llamo of the " Queen's Prison. "
MARSHALSEA, C O U R T OF.
court of the Marshalsea had j u risdiction in
actions of debt or torts. the cause of which
arose within the verge of the royal court.
was abolish.d by St. 12 & 13 Vict. c. 10I.
4 Steph. Comrn. 317, not. d.
MART. A plac. of public traffic or sale.
MARTE SUO DECURRERE.
To run by its own force. A term applied in
the civil law to a suit when it ran its course
to the end without any impediment. Calvin .
MARTIAL LAW. A syst.m of law, ob.
taining only in time of actual war and grow­
ing out of the exige ncies thereof, arbitrary
in its character, and depending only on the
wlll of the commander of an army. which is
esta blished and administered in a place or
758 MASSA
district of hostile territory beld In b.lllg....nl
possession, or, sometimes, in places occupied
or pervaded by insu rgents or mobs, and which
suspeuus all existing civil laws, as well as
the civil authority and the ordinary adminis·
tration of justice. See, also, MILITARY
LAW.
"Martial law, which is built upon no settled
principles, but is entirely arbitra.ry in its decisions,
is in truth and reality no law, but something in­
dulged rather than allowed as a law. Tho neces­
sity of order Rnd diSCipline in an army is the ouly
thing which can give it countenance, and there­
fore it ought not to be permitted in time of peaoe.,
when the king's court,s al"e open for all persons to
receive justice according to the laws of the land. �
l lli. Comm. 418.
Mal·tinl law is neither more Dor less thaD the
will of the general who commands the army. U
overrides and suppresses all existing oivil laws,
civil officers, and civil autborities, by the arbitrary
exercise of military powerj and every citizen or
subject-in other words, the entire population of
the country. within the confines ot its power-ia
subjected to the mere will or caprice 01 the com­
manaer. He bolds the lives, Uberty, and property
An
of all in tbe palm of his band. Mnrtinl law is reg­
ulated by no known or established system or code
of laws, as it is over and above all of them.. The
commander is the legislator, judge, and exeou­
tioner. 5 Blatchf. 321-
this: Mart'taZ law is not the same thing as mili­
ta1'Y law. The latter applies only to persona
connected with the military forces of the
country or to affairs connected with the army
or with war, but is permanent in its nature,
sp�cifl.c in its rules, and a recognized purt of
the law of the land. The former applies,
when i n existence, to all persons alike who
are within the territory covered. but is tran­
A sient i n it.s nature, existing only in time of
It war or insurrection, is not specific or always
the same, a.s i t depends on the will and dis­
cl'etion of the military commander, and is no
Th. part of the law of the land.
MARTINMAS. Th. feast of St. Martin
of Tours, o n the 11th of November ; some­
It
times corl'upted into " Martilmas" or uMar_
tlemas." It is the third of tbe four crOSB
quarter-days of the year. Wbarton.
MARUS. In old Scotch law. A maire:
Lat. an omcer or executor of summons. Other·
wise caUed "prreco regis . " Skene..
MASAGIUM. A messuag••
MASCULINE. Of the mal. aex.
MASSA. In the civil law. A maSSj 3!1
unwrougbt s llbstance, such as gold or silver.
before it is wrought into cups or other ar.·
ticles. Dig. 47. 2. 52, 14; Fleta, lib. 2, c.60.
§� 17, 22.
 MAST 759
MAST. To tatten with mast, (acorns,
eIc.) 1 Leon. 186.
MAST-SELLING. In old English law.
The practice of selling the goods of dead sea­
men at the mast. Held void. 7 Mod. 141.
M A S T E R . Qne having authority ; one
who rules. directs, instructs. or superintends;
a head or chief ; an instructor j an employer.
Applied to several judicial officers. See
infm.
MASTER AND SERVANT. The re­
lation of master amI servant exists where one
person, for pay or other valuable considera.
tion. enters into the service of another and
devotes to him his person al labor for an
agreed period. Sweet.
MASTER AT COMMON LAW. ThA
title of officers of the E nglish superior courts
of common Jaw apPointed to record the pro­
oeedings of the court to which they belong ;
to Buperintend the issue of writs and the
formal proceeJings in an action; to receive
and account for th e fees charged on legrll pro­
ceedings, and moneys paid into court. 'rbere
Ire five to each court. They are appointed
under St. 7 Wm. IV. and 1 Vict. c. 30,
paased in 1837 . Mozley & Wbitley.
M A S T E R IN CHANCERY. An of­
ficer of a court of chancery who acts a8 an
assistant to the judge o r chancellor. His of­
flee is to inq uire into such matters as may be
referred to him by the court, examine causes,
take testimony. take accounts. compute dam­
ages, etc., reporting his findings to the court
in such shape that a decree may be made;
also to take oaths and affidavits and acknowl­
edgments of deeds. In modern practice.
many of the functions of a mas ter are per­
formed by clerks. commissioners, auditors,
and referees, and in some jurisdictions the
office has been superseded.
MASTER IN LUNACY. In English
law. The masters in lunacy are judicial offi­
cers appointed by the lord chancellor for the
purpose of conducting inquiries into the state
of mind of persons alleged to be lunatics.
Such inquiries usually take place before a
jury. 2 Steph. Comm. 511-0').
MASTER OF A SHIP. In maritime
law. The commander of a merchant vessel.
who has the chief charge of her government
and navigation and the command of the crew.
as well as the general care and control of the
vessel and cargo, 8S the representative and
MASTERS, ETC.
confidentialagent of the owner. He Is com­
monly called the "captain . "
MASTER O F THE CROWN OFFICE.
The queen's coroner and attorney in the
criminal department of the court of queen ' lI
bench, who prosecutes at the relation of some
private person or common informer, the
crOWD being the nominal prosecutor. St. 6
& 7 Viet. e. 20; Wbarton.
MASTER OF THE FACULTIES. In
EngliSh law. An officer under the arch­
bishop. who grants license. and dis pens ..
tions, etc.
MASTER OF THE HORSE. In En­
glish law. The third great officer I)f the roy­
al household, being next to the lord ste ward
and lord chamberlain. He haa th e privilege
of making use of any horses, footmen. or
pages belong ing to the royal stables.
MASTER OF THE MINT. In English
law. An officer who receives bullion for
coinage, and pays for it, and superintend.
everything belonging to the mint. He iI
usually called the " warden of the mint." It
Is provided by St. 33 Viet. c. 10, § 14, that the
chancellor of the eXChequ er for the time ba­
ing shall be the master of the mint.
MASTER OF THE ORDNANCE.
In E nglish law. great officer, to whose
A
care all the royal ordnance and artillery were
committed.
MASTER OF THE ROLLS. In En­
glish law. An assistant judge of the court
of chancery, who holds a separate court rank­
ing next to that of the lord chancellor. and
has the keeping of the rolls and grants which
pass the great seal. and the records of the
chancery. He was originally appointed only
for the superintendence of the writs and rec­
ords appertaining to the common-law depart­
ment of the court, and is still properly the
chief of the masters in chancery. 3 Steph.
Comm. 417.
Under the nct constitut1ng the supreme
court of judicature, the master of the roU.
becomes a judge of the high court of justice
and ex oJficio a member of tlJe court of appeal.
The same act, however. provides for the ab­
olition of this office. under certain conditions,
when the next vacancy occurs. See 36 & 37
Vict. c. 66, §� 5, 31, 32.
M A S T E RS OF THE SUPREME
COURT. In English law. Officials deriv­
Ing their title from Jud. (Omcers') Aet 1879,
and being, or filling the places of, the sixteen
 MASTER OF THE TEMPLE 760 MATRICULATE

masters ot the common-law courts. the M A T E R N A MATERNIS. Lat. A

queen's coroner and attorney, the master of maxim of the French law. signifying that
the crown office. the two record I\nd writ property of a decedent, acquired .by him
clerks. and the three associates. 'Vharton. th ro u gh his mother dp,scends to the relati ons
o n the motber's side.
MASTER OF THE TEMPLE. The
chief ecclesiastical functionary of the Temple MATERNAL. That which belongs to,

Church. or comes from. the mother; as mate rnal au­

thority. maternal relation, maternal estate,
MASTER'S REPORT. The formal re­ maternal line.
port or statl'ment made by a master in chan ­
cery of his decision on any q urstion referrE"d
M A T E RN A L PROPERTY. That
which comes from the mother of the party.
to him. or of any facts or action he bas been
and other ascendants of tile maternal stock.
directed to ascertain or take.
Darn. Liv. PreI. t. 3, s. 2, no. 12 .
MASURA. In old records. A decayed
MATERNITY. The character, relation,
house; a wall; the rui ns of a building; a cer­
state, or conditi on of a mother.
tain quantity of land, about four ox gangs.

MATE. Th e oilieer second in command

MATERTERA. Lat. In the civil law.
A maternal a un t ; a mother' s sister. Inst. 5,
on 8 merchant vessel.
6, 1; Bract. fol. 68b.
MATELOTAGE. In Frencb law. The
MATERTERA MAGNA. In the cIvil
bire ot a 8h ip or boat.
Jaw. .A. great aunt; a granr.lmother's sister,
MATER-FAMILIAS. Lat. In the civil (avire 80To r. ) Dig. 38, 10. 10. 15.
law. The mother or mistress of n family.
MATERTERA MAJOR. In the civil
A chaste woman, married or single. Calvin.
law. A grenter l�llnt; a great-grand mothcr's
M A T E R I A. Lat. In the civil law. sister . tproa'Dire soror;) a father's or mother's
Mate:rials ; as distIn gui shed from species, or great-aunt, (patris vel mat1'is matertera
tbe form given by labor and skill. Dig. 41, magna.) Dig. oS, 10, 10, 16.
1, 7, 7-12; Fleta, lill. 3, c. 2. § 14.
MATERTERA MAXIMA. In the civiJ
Materials (w ood) for building, as distin­
law. A greatest aunt; a great-great-grand­
guished from " lignum." Dig. 82,55, pro
mother's sister. (abavire soror;) a father's
I n E n g l i s h la.w. Matter ; substance; or mother's grea ter aunt, (patris vel matris
subject-matter. 3 1lI. Comm. 322. matertera major.) Dig. 38, 10, 10, 17.
MATERIAL. Important; more or less MATH. A mOW ing.
necessary ; baving influence or etrect; going
to the merits ; having to do wi th matter. as M A T H E M A T I C A L EVIDENCE.
distinguished from form. An al legation is Demonstrative ev1dencej such as establishes
sa id to be material when i t forms a substan­ its conclusions with absolute necessity and
tive part of .t;he ca�e presented by the plead­ certainty. It is llsed in contradistinction to
ing. Evidence olferecl in a cause. or a ques­ mfJral evidence.
tion propounded, is material when it is rele­
MATIMA. A god moth er.
vant and goes to the s ubstantiul ma tters in dis­
pute. or has a legitimate and effective influ­ MATRICIDE. The murder of a mother;
ence or bearing on the decision of the case. or one who has slain his mother.

MATERIAL-MAN. A pe,'so n who has MATRICULA. In the civil and old En­
furnished materials used In tbe construction glish la w . .A. register of the admission of of­
or repair of a bu ild in g. structure, or vessel. Heel'S and persons entered into any body or
society, whereof R li st was mmle. Hence
MATERIALITY. The property or char­ those who are admitted to R eollege or nniver­
acter of bei ng material. See MATERIAL. sity are said to be I' matriculated." ....lso 8
kind of almshouse, which had revenues ap­
MATERIALS. The substance or matler
prop ri ated to it. and was usually built near
of which anything is made; matter furnished
the cburch. whence the name was givell to
for the erection of a house. s h ip. or other
the churcb itself. Wbarton.
structure; matter used or inlended to be used
in the construction of any mec hanical prod­ MATRICULATE. To enter as a stu.
uct. See 71 1'a. St. 293. dent in a university.
 MATRIMONIA. ETC. 761 MATTER OF SUBSTANCE

Matrimonia debent esse lib era. Mar� MATTER IN DEED. Such mailer ..
ringes ought to be free. A. maxim of the may be proved or established by a deed or
clvil law. 2 Kent Comm. 102.
. specialty. Matter of fact, in contradlstinc­
lion 10 matter of law. Co. Lill. 320; Steph .
MATRIMONIAL CAUSES. In En­
Pl. 197.
glish ecciesiastical law. Causes of action or
injuries respecting the rights of marriage. MATTER IN ISSUE. Thai upon whicb
-One of the three divisions of callses or inju­ the plaintiff proceeds in his action, and which
ries cognizallle by the ecclesiastica.l courts, the defendant controverts by his pleadings.
comprisi n g suits for jactitation of marriage, not including facts offered in evidence to es­
and for restitution of conj uga\ rights, di. tablish the matters i n issue. 15 N. H. 9.
vorces, and suits for ali mony. 3 Bl. Camm. That ultimate fact or state of facts in dis­
92-94; 8 Slepb. Comm. 712-714. pute upon which the verdict or Dnding is
predicated. 4 Fed. Rep. 386. See 2 Black,
MATRIMONIUM. Lal. In Roman law. Judgm. § 614, and cases cited.
A legal marriage, contracted i n strict accord­
ance with the forms of the older Roman law, Matter in ley ne serra. mise in boutche
i. e., either with the farreum. the ca- em.pti o , del jurors. .Jenk . Cent. 180. Maller 01
or by usus. This was allowed only to Roman law shall not be put iuto the mouth of the
citizens and to those neighhoring peoples to jurors.
whom the right of conuubium b ad been con..
MATTER IN PAIS. Malter of facl lhal
ceded. The effect of such a marriage was to
is not in writing; thus distinguished from
bring the wife into the manus, or marital
matter in deed and matter of rE'cord ; matter
power, or tbe h.ushand, and to crea.te the
that must be proved by parol evidence.
patria potestas over the children.
MATTER OF COURSE. Anylb!ng
Matrimonium subsequens tollit pec ..
done or taken in the course of routine or
catum prrecedeos. Subsequent marriage
usual procedure, which is permissible and
cures preceding criminality.
valid without being specially applied for and
MATRIMONY. Marriage, (g • •• ,J In t.be allowed.
seuse of the relation or status, not of tbe cere­ MATTER OF FACT. Tbal whicb is
mony. to be ascertained by the senses, or by tile

MATRIX. In tbe civil law. The proto­ testimony of witnesses describing what they

col or first draft of a legal instrument, from havp. perceived. Distinguished from matter
of law.
which all copies must be taken. See ( Tex . )
16 S. W. Rep. 53. MATTER OF FORM. Wbalever bE>­
longs or relates merely to the f01'm of a plead­
MATRIX ECCLESIA. Lal. A m other
ing or other inslrument, or to its language,
church. '£ Ws term was anCiently applied to
arrangement, or technicality. without affect­
a cathedral, in relation to the other churches
i n g its su.bstance, (i. e., its substantial vaJid­
in the same see, or to a parochial church, i n
ity OI' suffiCiency,) is called fj matter of form , "
relation to the cbapels or miuor churches at­
a s distinguished from " matter of sUbstance."
tached to it or depending on it. Blount.
MATTER OF LAW. Whalever is 10
MATRON. A married woman; an eider­
be ascertained or decided by the application
Iy woman. The fE'male superintendent of an
of statutory rules or the prinCiples and de�
establishment or institution, sllch as a hos­
terminations of the law, as distinguished
pital, an orpban asylum. etc., is often so
from the investigation of particular facts, is
called.
ccllled " matter of law."
MATRONS, JURY OF. Sucb a jury is
MATTER OF RECORD. Anyjlldicial
impaneled to try if a woman condemned to
matter or proceeding entered on the records
death be with child.
of a court, and to be proved by the produc­
MATTER. Facts; substance as distin­ tion of such record. It differs from matter
guisbed from form ; the merits of a case. in deed, which consists of facts wbich may
be proved by specialty.
MATTER IN CONTROVERSY, OR
IN DISPUTE. The subject of litigation; M A T T E R OF SUBSTANCE. That
the matter for which a suit is brought and which goes to the merits. The opposite ot
upon which issue is joined. 1 Wall. 337. matter of form.
 MATTERS OF SUBSISTENCE, ETC. 762 MEAL-RENT.

MATTERS OF SUBSISTENCE FOR tend himself or annoy his adversal'1. " Bi.
MAN. This phrase comprehends all articles Com m. 205.
or things. whether animal or vegetable. liv­ Every person who unlawfully and mali.
ing or dead, which are used for food, and ciously deprives a human being of a member
whether they are consumed in the form in of his body. or disables. disfigures, or reno
which they are bought from the producer or ders i t useless, or cuts �r disables the tongue,
are only consumed after undergoing h process or puts out an eye, or slits the nose, ear, or
of preparation, which is greater or less. ac­ lip, is guilty of mayhem. Pen. Code Cal.
cording to the character of the article. 19 § 203.
Grat. 813.
MAYHEMAVIT. Maimed. Thi. I! •
Maturiora. Bunt vota mulierum quam term of art which cannot be supplied in plead­
virorum. 6 Coke. 71. The desires of women ing by any other word , as Tnutilavit, trunca­
are more mature than those of m e n ; i. e., vit, etc. 3 Thom. Co. Litt. 548; 7 Mass . 247.
women arrive at maturity earlier than men.
MAYN. L. Fr. A hand; handwriting.
MATURITY. In mercantile law. The Britt. c. 28.
time when a bill of exchange or promissory
MAYNOVER. L. Fr. A work of the
note becomes due. Story, Bills , § 329.
hand i a thing produced by manual labor.
MAUGRE. L. Fr. In spite of; against Yoarb. M. 4 Edw. 111. 38.
the will of. Litt. § 672. MAYOR. The executive head of 8 mll.

MAUNDY THURSDAY. The day pre­ nicipal corporation; the governor or cbiet
ceding Gpod Friday, on which princes gave magistrate of a city.
•
alms.
MAYOR'S COURT. A court establisbed
MAXIM. An established principle or in some cities. in which the mayor sits with
proposition. A principle of law universally the powers of a police judge or committing
admitted. as being a correct statement of the magistrate in respect to offenses committed
law, or as agreeable to natural reason. within the city, and sometimes with civil
Coke defines a ro�xim to be " conclusion of jurisdiction i n small causes, or other special
reason," and says that it is so called "quia statutory powers.
maxima ejus dignitas et certissima auctori­
MAYOR'S COURT OF LONDON.
tas. et quod maa:imt3 omnibus p1·obetur."
An inferior court baving jurisdiction in civl1
Co. Litt. lla. He says in another place :
cases where the whole cause of action arises
,. A maxime is a proposition to be of uIl men
within the city of London.
confessed and granted without proofe, argu­
ment, or discourse. " Id. 67a. MAYORALTY. The ollice or dlgni'.of
The maxims of the law, in Latin, French, a mayor.
and English, will be found distributed
MAYORAZ GO. In Spanish law. The
through this book in their proper alphabet­
right to the enjoyment of certain aggregate
ical order.
property, left with the condition thereon im­
Maxime paci Bunt contraria vis et posed that they are to pass in their integrity,
Injuria. The greatest enemies to peace are perpetually, successively to the eldest 80n.
force and wrong. Co. Litt. 1Mb. Schm. Civil Law, 62.

Maximus erroris populus magister. MAYORESS. The wife of a mayor.

Bacon. The people is the greatest master of
MEAD. Ground somewhat watery, not
error. plowed, but covered with grass and flowers.
U MAY," in the construction at public Ene. Lond.
statutes. is to be con!!trued "must" in all cases MEADOW. A tract of low or level l.n.
where the legislature wean to impose a posi­ producing graaa which is mown for hay.
tive and absolute duty, and not merely to 1Vebster.
give a discretionary power. 1 Pet. 46, 64i A tract which lies above the sbore. and iB
3 Hill , 612, 615. overflowed by spring and extraordinary tides
only, and yields grasses which are good for
MAYHEM. In criminal law. The act
hay. 34 Conll. 429.
of unlawfully and violently depriving another
or the use of such of his mem bers as may MEAL-RENT. A rent formerly paid in
render him less able, in fighting, either to de.. meal.
 MEAN 763 MEDIATE POWERS

MEAN, or MESNE; A middle between MEASUUER, or METER. An om..r

two extremes, whether applied. to persons, in the city of London, who measured woolen
things, or time. clothes, coals. etc.

MEANDER. To meander m.eans to fol­ MEASURING MONEY. In old En.

Iow a winding or flexuous course; and when glish law. A. duty which some persons ex­
it Is said, in a description of land, " thence acted. by letters patent. for every piece or
with tb;, meander of the ri ver I" it III ust mean cloth made, besides alnage. Now abolished.
a meandered line,-a line which follows the
ainuosities or the rivel',--or, i n other words. MECHANIC. A workman employed in

that the river is the bou ndary between the shaping and uniting materials. suchas wood,

pOints indicatetl. 14 Or. 841, 12 Pac. Rep.
495; 10 Minn. lOO, (Gil. 75.)
This term is used in some jurisd ictions with
the meaning of surveying and mapping a
.tream according to its meamiel'ings , or wind­
Ings and turnings. See 2 Wis. 317.
metal, etc., into SOBle kind of structure, ma­
ciline, or other object. req uiring the use ot
tools. 11 Lea, 517; 13 Pa. St. 525.
MECHANIC'S LIEN. A species ot
lien created by statute in most of the states.
which exists in favor of persons who have

MEANS.
performed work or furnished material in and
1. The instrument or agency
for the erection of a builuing. Their lien at­
through which an end or purpose is accom­
plished. taches to the land as well as the building,

2. Resources; available property ; money or and is intended to secure for them a priority
of payment.
property, as an available instrumentality for
effecting a purpose, furnishing a livelihood. The lien o{ a mechanic is created by law,
paying a debt. or the like. and is intended to be a security fl)r the price
and value of work performed m � d materials
MEANS OF SUPPORT. This termem. furnished. and as such it attaches to and ex­
braces all those reso.\Lrces from which the ists on the land and the building erected
necessaries and comforts of Ufe are or may be thereon. from tbe commencetuent of the time
lupplied, such as lands, goods, salaries, wages, that the labor is being performed and the mate­
or other lIources of iucome. 71 Ill. 241. rials furnished; and the mechanic has an act­
MEASE, or MESE. Norman French •
ual and positive interest in the building ante­
tor a bouse. Litt. §§ 74, 251. rior to the time of its recognition by the court,
or the reducing of the amount due to a judg·
MEASON-DUE. (Corruption of maison ment. 12 Iowa, 292.
de Dieu.) .A. house of God; a monastery ;
MEDERIA. In old records. A house or
religious bouse or hospital. S.ee 39 Eliz. c. 5.
place where metheglin. or mead, was made.
MEASURE. That by wbich extent or
MEDFEE. In old English law. A bribe
dimension is ascertained. either length,
or reward; a compellsation given in eXChange,
brea.dth, thickness. capacity. or amount.
where the things exchanged were not of equal
Webster. The rule by which anything is ad·
value. Cowell.
justed or proportioned.
MEDIA ANNATA. In Spanish law.
MEASURE OF DAMAGES. The rule,
Half·yenrly profits of land. 5 Tex. 34, 79.
or rather the system of rules, governing the
adjustment or apportionment of damages as MEDIA NOX. In old English law.
a compensation tor injuries in actions at Midnight. Ad mediam nootem. at midnight.
law. Fleta, Ii b. 5, c. 5. § 31.
MEASURE OF VALUE. In the ordi· MEDIlE ET INFIRMlE MANUS
nary sense of the word. " measure" would HOMINES. Men ot a middle and base con·
mean something by comparison with which dition. Blount.
we may ascertain what IS the vHl1l6 of any­
MEDIANUS HOMO. A man at middle
thing. When we consider, further, that value
torLune.
itself is relati ve. and that two things are nec­
essary to constitute it, independently of the MEDIATE POWERS. Those incident
third thing. which is to measure it. we may to primary powers given by a principal to
deline a "measure of value" to he something his agent. For example, the general au­
by comparing with which any two other thority given to collect, receive. and pay debts
things we may infer their value in relation due by or to the principal is a primary pow­
to one another. 2 Mill. Pol. ECOll. 101. er. In order to accomplish this, it is fre-
 MEDIATE TESTIMONY 764 MEGBOTE

quantly requ ired to settle accollnts, adj u st ute to be carried oy all vessels above a cer­
disputed claims. resist those which are un­ tain tonnage.
j ust. and answer and defend suits. These
subordinate powers are sometimes called
MEDICO-LEGAL. Relating to the law
concerning medical
questions.
"mec]jnte powers," Story, Ag. § 58.

MEDIATE TESTIMONY. Secondary MEDIETAS LINGUlE. In old pr...

t ice. MOiety of tongue; hali-tongue. Ap­
evidence , (q. n.)
plied to a jury impaneled in a cause consiat.
MEDIATION. Interven tion ; interposi­ jng the one half of natives, and the other
tion ; the act of a third person who interferes balf of foreigners. See DE MEDIETATE
between two co nten din g p arti es with a view LINGu.aJ:;.
to reconcile them or persuade th�m to adjllst
In international law
or settle their dispute. MEDIO ACQUIETANDO. A judicial
and diplomacy, the word denotes the fr iendly writ to distrai n 8 lord for the acquitting ot a.
interference of a state in the controversies of mesne lord from a ren t, which he had ac.­
others, for tha purpose, by its influence and kno wled ged in court not to be long to him .
by adj usti n g their difficulties. of keeping the Reg. Jur. 129.
peace in the family of nations.
MEDITATIO FUGlE. In Scotch law.
MEDIATOR. One who interposes be­ Con temp lation of fligh t ; intention to abscond.
tween parties at variance for the purpose of 2 Kam es, Eq. 14, 15.
reconciling them.
ME D I U M TEMPUS. In old Engllab
MEDIATORS OF QUESTIONS. In law. Meanti me; mesne profils . Cowell.
• En glis il l a w . Six persons autborized by stat­
ute, (27 Edw. Ill. St. 2, c. 24,) who, upon MEDLETUM. In old En glish law. A
any question ariSi ng among merchants relat­ mixing together; a medley or melee .. an at·
in g to unmerchantable wool, or undue pack· fray or sadden en coun ter. An offense sud·
ing. etc., mi ght. before the mayor and officers denly committed in an affray. The En glis h
of the st aple. upon their oath certify and word " medley " is preserved in the term
settle the same; to whose determination "chance-medley." An int ermed d l i n g, witb�
therein the par ties concerned were to sub­ out violence, in a ny matter of business.
mit. Cowell. Spel m an.

M E D I C A L EVIDENCE. Ev idence MEDLEY. ..An affray; a sudd en or ca&­

furnished by medical men. testifyin g in their ual fighting; 8 han d to hand battie; a mae,.
profess ional capacity as experts, or by stand· See CHANCE.MEDLEY ; CHAUD�MEDLEY.
ard treatises on medicine or surgery.
MEDSCEAT. In old E nglish law. A
MEDICAL JURISPRUDENCE. The bribe; hu sh money .
science which applies the prin ciples and prac·
tice of th e different branches of medicine to MEDSYFP. A harvest supper or enter­
the elucidation of doubtful questions in a tainment giv en to laborers at harvest-home.
co ur t of j ustice . Otherwise called "forens ic Cowell.
medicine. " (q. v.) A sort of mixed science,
MEETING. A coming togetber
.
of pe....
which may be considered as com m on ground
s ons ; an assem bly .
to the pn\ctitioners both of law an d physic.
In the Jaw of corporations, meetings are ot
1 Steph. Comln. 8.
two kinds,-ordin ary a nd ex traordin ary ; or,
ME:QICINE. .. The practice of medicine as they are also call ed, general and speci al.
is a pursuit very generally known and under­ Ord inary or general meetings are usu ally
stood , and so also is that of surgery. The held at stated times and for the transaction
former includes the appli cati on and use of of business general ly. Extraordinary or
medicines and drugs for the purpose of cur­ special meeti n gs are held as occasion may re­
ing, m itig at i n g, or alle viating bodily diseases, qu ire for the transaction of some particular
w hile the functions of the latt er are limited business, which ought to be specifie d in the
to manual operations us ua lly performed by notice convening the meeti ng. One meet ing
surgical instrumenLs or applia nces. " 24 may be bot.h ordinary iUld extraordinary.
Hun, 63a. Lind. Compo 572.
MEDICINE-CHEST. A box containin g MEGBOTE. In Saxon law. A recom­
an assortment of medicines, reqU ired by stat;.. pense for the murder of a relation .
 MEIGNE
MEIGNE, or MAISNADER. In old
English law. A family.
M E I N D R E AGE. L. Fr. Minority ;
le8ser age. Kelham.
MEINY, MEINE, or MEINIE. The
royal household; a retinue.
M E J O RA D O . In Spanish law. Prs.
ferred; advanced. 'Vhite, New Recop. 1.
8, tit. 10, c. I, § 4.
MELANCHOLIA. In medical jurispru­
dence. A kind of mental unsoundness char­
acterized by extreme depressIOn of spirits. iU­
grounded fears, delusions, and brooding over
one particular su bject or train of ideas.
Webster.
MELDFEOH. In Saxon law. The rec­
ompense due and given Lo him who made
discovery of any ureach of penal laws com­
mitted by another person, called the " pro­
moter's [t. e., informer's] fee. " 'Vharton.
M E L I O R . Lat. Better; the better.
Melior rell,the better (best) tLing or cbattel.
Bract. fol. 60.
Mehor est conditio defendentts. The
condition ot the parLy i n posses�ion is the
bette;; one, i. e., where the right of the parties
Il! equal. Broom, Max. 715, 719.
Melior est conditio possidentis, et rei
quam 8ctoris. The condition of the po&­
Beasor is the better. and the condition ot the
defendant is better than that of the plai ntiff.
� lost. 180; Broom, Max. 714, 719.
Melior est conditio possidentis ubi
neuter jus h abet. Jank. Cent. 118. The
condition of the possessor is the better where
neither of the two has a right.
Melior est justitia. vere prooveniens
qua.m severe puniens. That justice which
absol lltely prevents [a crime] is better than
that which severely punishes it. 3 Inst.
Epi! .
MELIORATIONS. In Scotch l.w. Im­
provements of an estate. Ilther than mere re­
pairs; betterments. 1 Bell, Comm. 73.
Meliorem conditionem ecclesioo 8um
facere potest prrelatus, deteriorem ne..
quaquam. Co. Litt. 101. A bishop can
make the condition of his own church better,
but by no means worse.
Meliorem conditionem SU8m facere
potest minor, deteriorem nequaquam.
Co. Lilt. 337. .A. minor can make his own
condition better. but by no means worse.
765 MEMBRL"A
Melius est in tempore occurrerel
qua.m post causam vulneratum reme­
dium qurerere. 2 lust. 299. It is better to
mee t a thing in time than after an injury in­
flicted to seek a remedy.
Melius est jus deficiens quam jus in­
oertum. Law that is de6cient is better than
law tbat is uncertai n. Lofft, 395.
Melius est omnia mala pati quam
malo consentire. 3 lnst. 23. It is better
to suffer every ill than to consent to ill.
Melius est petere fontes quam sectari
rivulos. It is better to go to the fountain
head than to follow little streamlets.
Melius est recurrere quam male cur­
rere. It is better to run back than to run
badly i it is better to retrace onels stepa than
to proceed Improperly. 4 In.t. 176.
M E L I U S INQUIRENDUM. To be
better i nqui red into.
In old English law. The name of a
writ commanding a further Inq uiry respect­
mg a matter ; as, after an imperfect i nquis i­
tion i n proceedings in outlawry, to have a
new inqnest as to the value ot lands.
MEMBER. One of the persons consti­
tuting a partnership. association, corporation.
guild. etc.
One of the persons con stitu ting a court, a
legislative assembly. etc.
One of the limbs or portions of the body
capable of being used in fighting in self-de­
fense.
MEMBER OF CONGRESS. A me lD­
ber of the sonate or hOllse of representatives
of the United States. In popular usage, par­
ticularly the latter.
MEMBER OF PARLIAMENT. One
baving the right to sit in either house of the
British parliament.
MEMBERS. In English law. Places
w here a custom-house has been kept of old
time, with officers or deputies in attendance;
and they are lawful places of exportation or
importation. 1 Chit. Com. Law, 726.
MEMBRANA. Lat. In the civil law.
Parchment. Dig. 32, 52 .
In old English law. A ski n of parch­
ment. The ancient rolls usually consist of
several of these skins. and the word u mem_
brana " is used, i ll citations to them, in the
same way as "page" or "folio, to to distin­
guish the particular skin referl'ed to.
 MEMBRUM
MEMBRUM. A slip or small plece or
�d.
ME::M OIRE. In French law. • dDell·
n.
ment in the form of a petitlOn, by which ap­
peals to the court of cassation are initiated.
MEMORANDUM. Lat. To be remem·
bered ; be it remembered. A formal word with
which the body of a record in tbe court of
king's bench anciently commenced. Townsh.
PI. 486; 2 Tidd. P ro 719. The wbole clause i.
DOW, in practice, termed, from this initial
word. the " m emorand um. IJ and its use is
supposed to have originated from the cir­
cumstance that proceedillgs Uby bill" (in
which alone it has been employed) were for­
merly considered as the by-business of the
court. Gilb. Com. PI. 47. 48.
Also an informal note or instrument em­
bodying something that the parties desire to
fix in memory by the aid of written evidence,
or that is to serve as the basis of a future
, formal contract or deed.
This word is used in the statute of frauds
as the designation of the written agreement,
or note or evidence thereof, which must ex­
ist in order to bind the parties in the cases
provided. The memorandum mUl!lt be such
as to disclose the parties, the nature and sub­
stance of the contract, the cQnsidf;'ration and
proruise, and be signed by the party to be
bound or his authorized agent. See 2 Kent.
Corum. 510.
MEMORANDUM ARTICLES. III the
law of marine insurance. this phrase desig_
nates the articles of merchandise which are
usually mentioned in the memorandum
clause, (q. v . , ) and for which the underwrit­
er's liability is thereby limited.
MEMORANDUM CHECK. A check
given by a borrower to a lender, for the
amount of a short loan. with the understand·
ing tlmt it is not to be presented at tlle hank.
but win be redeemed by the maker himself
when the loan falls due. T.rIlis understand­
ing is evidenced by writing the word " Mem . "
o n the check. Tllis is not unusual among
merchants.
MEMORANDUM CLAUSE. In a pol.
icy of marine insurance the memorandum
clause is a clause inserted to prevent the un�
derwriters from being liable for injury to
goods of a. peculi arly perisha.l.Jle nuture, and
for minor damages. It begins as follows:
liN. B. Carll, 11sh. salt, fruit, flo ur, and
seed are warranted free from average, unless
general, or the ship be stranded, " -meaning
766 MEMORY
that the underw riters are not to be liable for
I damage to these arLicles caused by sea-water
or the like. Maude & P. Shipp. a71; Sweet.
MEMORANDUM IN ERROR. A do,,"
ument alleging error i n fact. accompanied
by an affidavit of such matter of fact.
M E M O R A N D U M OF ALTERA.
TION. Formerly, i n Englund, where a pat.
ent was granted for two inventions. one at
which was not new or not usefnl, the whole
patent was bad. and the same rule applied
when a material part of a patent for a single
invention had eitber of those defects. To
remedy this the statute 5 & 6 Woo. IV. c. B3,
empowers a patentee (with the fiat of the at­
torney general) to enter a disclaimer (q. ".)
or a memorandum of an alteraLio n ill the title
or speCification of the patent, not being at
such a nature as to extend the exclusive
right granted by the patent, and thereupon
the memorandum is deemed to be part of the­
letters patent or the specification . Sweet.
M E M O R A N D U M OF ASSOCIA.
TION. A document to be subscribed by
seven or more persons 8ssociated for a lawful
purpose, by Bubscribing which, and other-­
wise complyi ng with the requisitions of the
companies' acLs i n respect of registration,
they may form themselves into an incorp()..
rated company, with or without limited lia.­
bility. 3 Steph . Comm. 20.
MEMORIAL. A document pre.ented to
a legislative body, o r to the executive. by one
or more indi vidunla, containing a petition or 8
representation of facts.
In English law. That which contains
the particulars of a deed, etc., and is the in�
strument regi�tered, as i n the Co:'1.se of an an­
nUity which must be registered. Wharton.
MEMORITER. Lat. From memory;
by or from recollection. Thus, memoriter
proof of a written instrument is such as is
furnished by the recollection of a witness
who had Been and kBown it.
MEMORIZATION. Committing any·
thing to memory. Used to describe the act
-
of one who listens to a public representaLion
of a play or drama, and t.hen. from his recol­
lection of its scenes, incidents, or language,
reproduces it, substantially or in part, in der­
ogation of the rights of tho author. See li
Term R. 245; 14 Amer. Law Reg. (N. S.)
207.
MEMORY. Mental capacity; the mental
power to review and recognize the successin.
 MEMORY 767 MERA NOCTIS

states of consci ous ness in their consecutive Mens testatoris in testamentis spec­
order. This word. as used in jurisprudence tand. est. Jenk. Cent. 277. The inten­
to denote one of the psycboJogicnl elements tion of the testator is to be regarded in wills.
necessary in the making of a valid will or con­
tract or the commission of a crime i mplies
.
MENSA. Patrimony or goods and nec­
essary things for livelihood. Jacob. A ta.­
the mental power to conduct a consecutive
ble ; the table of a money-changer. Dig. 2.
train of tbought, or an orderly planning of
14. 47.
affairs, by recalling correctly the past states
of the mind and past events, and. arran gi ng MENSA ET THORO. From bed and
them in their due order of sequence and i n board. See DIVOROE.
their logical relations with the events and
MENSALIA. Parsonages or spiritual
mental states of the present .
livings united to the tables of religious
The phrase "souad and disposing mind nod mem·
houses, and called " mensal benefict:l81J
ory " means not merely distinct recollection of the
Items of one's property a.nd the persons among amongst the canonists. Co well .
wbom it may be given, but entire power of mind
t.o dlspode of property by wilL Abbott. MENSIS. Lat In the civil and oid
.

English law. A month. Mensia vetitus, the

Also the reputation and name, good or bad.
prohibited monLh; fence-month. (g. '0.)
which 8 man leaves at his death.
MENSOR. In the cIvil law. A measurer
MEMORY, TIME OF. According to
of land; a surveyor. Dig. 11, 6; Id. 50, 6.
the English common law, which has beeu
•ltered by 2 &; 3 Wm. IV. c. 71. the time of
6; Cod. 12, 28 .
memory commenced from the reign of Hicll­ MENSULARIUS. III the civil law. A
ord I., A. D. 1189. 2 Bi. Comm. 31. money-changer or dealer in money. Dig. 2-
14. 47. 1.
MEN OF STRAW. Men who used in
former days to ply about courts of law I 80 MENSURA. In old English law. A
called from their mauner of making known measure.
their occu pation, (i. e., by a sLraw in one
MENSURA DOMINI REGIS. " The
of their shoes,) recognized by the na me
measure of our lord the king," being the
of "straw-s hoes . " An advocate or la wyer
weights and metlSUl'es established under
who wanted a convenient wiLness knew by King Hicbard I. in his parliament at West­
these signs where to llleet with one, and t11e
minster. 1197. 1 Bl. Comm. 275; Mozley &
colloquy between the parties was bri ef.
Whitley.
"Don't you remember?" said the advocate ;
to which the reaely answer was, "'fo be sure MENTAL ALIENATION. A phrase
1 do." "Then come into court and swear someti mes used to describe insanlty, (g. c.)
it." And straw-shoes went into court and
MENTAL RESERVATION. A silent
swore it_ Athens abounded in straw-shoes_
exception to the general words of a promise
Quart. Rev. vol. 33. p. 344-
or agreement not expressed, on account of a
MENACE. A threat ; the declaration or general understanding on the subject. But
show of a disposition or determ i nation t o in­ the word has been applied to an exception
tlict an evil or injury upon another. existi ng in the mind of the one party only.
and has been degraded to signify a dishonest
MENETUM. In old Scotch law. A
excuse for evading or infringing a prom­
stock-horn ; a horn made of wood. " with
ise. Wharton.
circles and girds of the Bame." Skene.
MENTIRI. Lat. To lie; t<> assert a
MENIAL. A s ervant of the lowest or­ falsehood. Calvin. ; 8 Buist. 260.
der; more stri ctly, a domestic servant living
under his master's roof. MENTITION. The act of lying ; a fal...
hood
MENS. Lat. Mind ; intention; mean­
Ingj understanding; will_ MENU, LAWS OF. A collection or
institute of the earliest laws of ancient In·
MENS LEGISLATORIS. Tho Inten­
dia. The work Is of very remote antiquity.
tion of the h�w-maker.

Lat.
MER, or MERE. A fenny piace. Cow.
M E N S R E A. A guilty mind;
ell.
a guilty or wrongful purpos e j a. criminal in­
tenl. MERA NOCTIS. Midnlghl. Cowell.
 MERAN NUM 768 MERCHANTS' ACCOUNTS

MERANNUM. In old records. TIm· and tbose bordering on the principality of

bers ; wood for building. Wales. 1 Bl. Comm. 65.

MERCABLE. Mercha ntable; to be sold MERCENARIUS. A hireling or .orv­

or bought. ant. Jacob_

MERCANTANT. A foreign trader. MERCES. In the civil law. Reward of

labor in money or other things. As distin·
MERCANTILE AGENCIES. Estab­
lishments which make a business of collect­ guished from "pensio, II it means the rent at
farms, (p1'adia ,'u:"tici.) Cal yin.
ing information relating to the credit. char­
acter, responsibility, and reputation of mer­ MERCHANDISE. An commodities
chants. for the purpose of furnishing the in­ which merchants usually buy and sell, wheth.
formation to subscribers. 15 Amer. & Eng. er at wholesale or retail ; wares and cam mod·
Ene. Law, 280. ities such as are ordinarily the objects ot
MERCANTILE LAW. An expression trade and commerce. But. the term is never
substantially equivalent to the law-merchant understood as including real estate, and is
or commel'cial law. It designates the system rarely applied to provisions such as are pur·
of rnles. customs, and usages generally chased day by day. or to such other articles
recognized and adopted by merchants and as are required for immedIate consumption.
traders, and which, either in its simplicity or
MERCHANDISE MARKS ACT, 1862.
8S modified by common law or stat-utes, con­
The statnte 25 & 26 Viet. c. 88, designed to
stitu tes the law for the regulation of their
prevent the fraudulent marking of merchan.
transactions and the solution of their contro­
dise and the fraudulent sale of merchandise
versies.
falsely marked.
MERCANTILE LAW AMENDMENT
MERCHANT. A man who traffics or
ACTS. The statutes 19 & 20 Vict. cc. 60,
carries on trade witb toreign countries. or
97, passed mainly for the purpose of assimi·
who exports and i mports goods and sells them
lating Lhe mercantile law of England, Scot­
by wholesale. Webster. Merchants of this
land, and Ireland.
description are commonly known by the name
MERCANTILE PAPER. Commercial of "shipping merchants. "
paperi such negotiable paper (bills, notes. A trader ; one who, as a business. buys and.
checks. etc.) as is made or transferred by sells wares and merchandise.
and between merchants or traders, and is
governed by the usages of the business world MERCHANT APPRAISERS. Whoro

and the law-merchant. the appraisement of an invoice of imported

M E R C A N T I L E PARTNERSHIP.
One which habitually buys and sells i one
which buys for the purpose of afterwards
selling. 32 Pittsb. Leg. J. (0.
goods made by the reven ue officers at the
custom·house is not satisfactory to the im·
porter, persons may be selected (under this
name) to make a definitive valuation. 'r hey
S. ) 310. must be merchants engaged in trade.

MERCAT. A market. An old form of MERCHANT SHIPPING ACTS.

the latter word common in Scotch law, Certain English statutes, beginning with the
formed from the Latin "mercatum. " St. 16 & 17 Vict. c. 131. wbereby a geneml ou·
perintendence of merchant shipping is vested
MERCATIVE. Belongi ng to trade.
i n the board of trade.
MERCATUM. Lat. A market. A
MERCHANTABLE. Fit for sale; vend­
contract of sale. Supplies for a n army,
ible i n market; of a quality such as will
(com-meatus. )
bring the ordinary mark,et price.
MERCATURE. The practice of buying
MERCHANTMAN. A ship or ve.sel
and selling.
employed in fore ign or domestic commerce
MERCEDARY. A birer; one that hire•• or in the merchant service.

MERCEN-LAGE. The law of the Mer­ M E R C H A N T S ' ACCOUNTS. A..

cians. One of the three principal systems of counts l�"tween merchant and merchant,
laws which prevailed in E n gland about the which must be current, mutual, and unset­
beginning of the eleventh century. It was tled, consisting of debts and credits for mer­
observed i.n many of the midland counties, chandise. 6 How. (Miss.) 328.
 MERCHANTS. STATU TE OF 769 MERGER

MERCHANTS. tiTATUTE OF. The tty by the plaintiff (lr d efe udant in the suit.
English statute 13 Ed w. I. SI. 3. repealed by 3 ChiLo Gell. Pr. 43U.
26 & 27 Vi ct. c. 125.
MERE RIGHT. Tile mere right ot
MERCHET. In feudal law. A One or . property in lanel ; the jus P1'op1'ietatis, w ith­
composi tion paid by in fer i or tenants to the out either poss eSS io n or eyen the right of
lord for l i berty to dispose of tlleir da ugh ters possession. 2 BI. Com m. 197. The abstract
In marriage. Cowell. The same as mar­ right of propert.y.

cheta (q. �.) MERE·STONE. In old E ngl i sh iaw.

MERCIAMENT. An amerciamcnt, pe n­ A stone for bo u nd in g or di vidin g lauds.

ally. or fine. (q. �.) Yearb. P. 18 Uen. VI. 5.

MERENNIUM. In old records. Tim.

MERCIMONIA. In old writ!!. Wares.
ber. Cowell.
Mel'cimonia et merchandizas, wa res and mer­
chandises. Reg. Brav. ApPclld. 10. MERETRICIOUS. Of the nature ot
unlawful sexu al connectioll. The term is
MERCIMONIATUS ANGLIlE. In d escri ptive of the relation slistai ned by per­
old records. The impost of E ngl and upon sons who co ntract a m arri age that is void by
1llerchandiB�. Cowell. reas on of legal in c ap acity. 1 BI. Carom. 4;)6.

Mercis appeUatio ad res mobiles tan­ MERGER. The fusion or absorption of

tum per tin et. The term "mel'cbanll ise" onE" t h i ng or ri gh t i nto another ; gen eral ly
belongs to movable th ings o nly . Dig. 50. spoken of It case where one of the s u bjects
16. 66. is of less d i gn ity or im po r tanc e than the
Mercis appellatione homines non con­ other. Here tbe less im po r l an t ceases to

tineri. Men are not included llnder the de­ have an i ndependent existence.
II
nomination of II mel'chl,\udise. Dig. 50. 16, In real-property law. It is a general
207. principle of law that wbere a grE"ater t'�tat ('
and a less coi ncitl e and meet i n on e and the
MERCY. In practice. T he arbitra­
sam e person, without any intt:>nnediate estatt',
ment of the king or judge in p u nishi n g of­
tbe less is illlmediately a n n i h i lated, Or, i n tile
fenses not di rectly censured by law. Jacob.
law phrase, is said to be merged, that is,
So. "to be in m ercy " signifies to be amel'(;ed
Slink or drowned. ill the greater. Th us, if
or lined for b r i ngi ng or d � fend in g an un­
there be tenant for Yl':trs, and Ula reversio n
just snit, or to be liable to p n nis hmen t i n
in fee-simple des cends La or is pu rcbased by
the discretion of the court.
him , the term of years is m.erged i n the i n ­
In criminal law. The discretion of a
heritance. and shall never exist any mo re .
jUdge, w ithi n the limits p rescri bed by p osi­
2 lil. (,;Olll ill . 177; 1 Stcpb. Comm. 2�3; 4
alt oge th e r the punishment
tive law, to remit
Ken t, Comm. 99.
to which a convicted p erson is liable, or to
Of rights. This term, as applied to
mitigate the severity of his sen te n ce ; as
rights, is eq ui va lent to "confusio " in the
wlien 8 jury recoOlmends the pri soner to the
Uoman law, and i ndi cates that w h ere tile
mercy of the court.
qu alities of debtor a ll d creditor become u n it­
MERE. Sax. A marsh. Spel m an. ed ill the same individual. there arises a con�
fusion of right s which extinguishes both
MERE. Mother.
L. Fr. Alte. mere. qu alities ; whence, also, merger is often called
flUe, grandmother, mother, dau g h te r. Dritt.
"extinguishment. " Brown.
c. 89. En 'Ventre sa mere, in its mother's
Rights of action. In the Inw relrlting to
womb.
rights of act ion, when a pe l'son takes or ac�
Ml:RE MOTION. The tree and volun· quires a re m edy or sec u ri ty of a h ig her nat­
tary act of a party himsel f. done without the ure, i n legal estimation, tha.n the one wbicb
s uggestion or influence of another person, he already po::;sesses for the same r igh t. then
is said to he done of his m ere motioll , � his remedie� in respect of the m i nor r i gh t or
1n�ro motu, (g. tJ.) Brown. S\!.ClIfity merge in those attaching to the
The phrase is used of an interference of high"r one. Leake. Co n t. 506; 10 C. B . 561.
the courts of law, who will. u n der some ci r­ A8 whel'e a claim is m erged i n t he j udgm ent
cumstances, of th eir own m ot i oH , object to recovered upon it.
an irregularity in the proceedings, th ough In criminal law. 'When a man comm its
DO objection bas been takeu to tlle informal� a great crime which i ncl udes a lesser, or\!OfJJ -
AM.DlC'l'.LAw-4.9
 MEltIDmS 770 MESNE PROCESS

mIte a telony which includes a tort agaln�t a and usury. It was passed in 1235. (20 Hen.
private person, the latter is m erged in the III. ,) and was named from Merton, in Surrey,
former. 1 East. P. C. 411. where parliament sat that year. See :Hal­
ring. St. 41. 46.
MEltIDIES. In old English law. Noon.
Fleta. lib. 5. Co 5. § 31. MERUM. In old E nglish law. Mere;
MERITORIOUS CAUSE OF AC­ naked or abstracf. Mel'um jus, mere right.
TION. This description is someUmes ap­ Bract. fol. 31.
plied to a person with whom the ground of MERX. Lat. Merchandise ; movable &]\0
action, or tbe consideration, originated or tic1es that are bought and sold i articles of
from whom it moved. For example, where trade.
'Ii cause of action accrues to a woman while
eole, and i.! sued for. after her malTiage. by Merx est quicquid veudi poteat. Mer�
chandise is whatever can be sold. Com. 355i
her husband and herself jOi ntly, she is called
the "meritorious cause of action...
3 Wood. Lect. 263.

MERITORIOUS CONSIDERATION. MESCREAUNTES. L Fr. Apostates;

One founded upon Borne moral obligation; a unbelievers.
valuable consideration in the second degree.
MESCROYANT. A term used In the

MEltITS. In practice. Matter ot sub­ ancient books to designate an infidel or un·

stance in l aw , as distinguisbed from matter believer.

of mere form ; a substantial ground of defense MESE. A house and its appurtenance.
in law. A defendant is said "to swear to Cowell.
mJrits" or "to make affidavit of me1'i,tJJ "
MESNE. Intermediate; Intervening;
when he makes atlida vit that he bas a good
the middle between two extremes. especial ly
and sufficient or substantial defense to the
of rank or time.
action on the merits. 3 Ch it . Gen. Pro 543,
An intermediate lord; a lord who stood be�
544. ":Merits," i n this application of it, has
tween a tenant and the chief lord j a lord who
tbe technical sense of m erits in law, and is
was also a tenant. " Lord, mesne. and ten­
not confined to a strictly moral and conscien­
ant; the tenant holdeth by four pence, and
tious defense. ld. 545; 1 Burrill, Pro 214.
the mesne by twelve pence. " Co. Litt. 23a.
As used in the New York Code of Procedure, § 849,
it has been held to mean "the strict legal rights of
MESNE ASSIGNMENT. If A. gran'
the parties, Bscontradisti nguished from those mere
questions of practice which every court regulates a lease of Jand to B and B. assign his inter.
.•

for itself, and from all matters which depend upon est to C., and C. in his turn assign his inter­
the discn:twn or favor of the court.. 71 j How. Pro est th erei n to D., in this case the asSign ments
852. 80 m ade by n. and C. would be termed " mesne
A " defense upon the merits" Is one which assignments ;" that is, t hey would be as.
depends upon the i nherent j ustice of the de. signments intervening between A.'s orig.
fenda-nt's contention, as shown by the 8u b� inal grant and the vesti ng of D.'s interest in
etantial facts of the case, as distinguished the land under the last aSS ignm ent . Brown.
from one which rests upon technical objec­
MESNE INCUMBRANCE. An iuter­
tions or some collateral matLer. Thus there
mediate charge, burden, or liability ; an in�
may be a good defense growing out of an
cumbrance which has been created or hilS at­
error in t hE' phdntiff's pleadings, but there is
tached to property between two gi ven peri ods.
not a defe n ae upon the merits unless the real
nature of the transaction in controversy MESNE LORD. In old Engli sh law.
shows the defendant to be in the right. A middle or intermediate lord; a lord who
MERO MOTU. See Ex MEllO MOTU; held of a super ior lord. 2 lll. Comm. 59.
MERE MOTION. More commonly termed a "mesne," (g. 11.)
MERSCUM. A lake; also a marsh or MESNE PROCESS. As distinguished
fen-land. from jinal process, this signifies any writ or
process issued between the commencement of
MERTLAGE. A church calendar or m.
the action and the suing out of execution.
brIo. Cowell.
It includes the writ of sum mODS, (altbough
MERTON, STATUTE OF. An old En. that is now the usual commencement of
gllsb statute, relating to dower, l egitimacy, acti ons , ) because ancienLly that was preceded
warWibips, procedure, inclosure of common, by the origi nal writ..
 MESNE PROCESS 771 M E TATUS

The writ of capias ad respondendum was ME SSE THANE. One who said mass;
called II mesne" to distinguish it. on the aue a priest. Cowell.
hand, from the original process by which a
suit was formerly commenced; and. on the MESSENGER. One who hear. mes••gel

other. from the flnal process of execution.
MESNE PROF I T S . Intermediate
profits; that is. profits which ha va been accru­
ing between two gi ven periods. Thus, after
a party has recovered the land itself i n an
action of ejectment, be frequently brings
anoLher action for the purpose of recovering
the profits wbich have been accruing or aris­
ing out ot tbl! land between the time when
bis title to the possession accrued or was
raised and tile time of bis recovery in the
action of ejectment, and such an action is
thence termed an "action for mesne profits. "
Brown.
or errands ; a ministerial officer employed by
executive officers, legislative bodies. and
courts of justice. whose service consists prin­
cipally in earrying verbal or written commu..
nications or executing otber orders. In
Scotland there are officers attached to tbe
courts, called "messengers at arms. "
An officer attached to a bankruptcy court.
whose duty consists, among otiler things. in
seizing and taking possession of tile bank­
rupt's estaie during the proceedings in ba.nk­
ruptcy.
The messenger of the E n glish court of
chancery has the duty of atte nding on the
great seal. either in person or by deputy, and

An must be rp,ady to execute all such orders as

MESNE PROFITS, ACTION OF.
action of trespass brollght to recover profits he shall receive from the lord chancellor, lord

derhed from land, while the possession of it keeper. or lords commissioners. Brown.

baa been improperly withheld; that is, the

Messls sementem sequitur. The crop
yearly value of the premises.
belongs to [fOllows] the sower. A maxim
MESNE, WRIT OF. An ancient .u� In Scotch law. 'Vhet'e a person is in posses­
abolished writ. which lay when the lord par­ sion of land which be bas reason to believe is
amount distrained on the tenant para vail. his own, and BOWS that Jand. he will have a
The latter had a writ of mesne against the right to the crops. although before it is cut
mesne lord. down it should be discovered that another
has a preferable title to the land. Bell.
MESNALTY, or MESNALITY. A
manor beld under a superior lord. The es­
MESSUAGE. This term I. now synan·
tate of a mesne.
ymous with " dwelling-hollse." but had once
MESS BRIEF. In Danish sea la... . One 8 more extended signi fication. It is frequently
of a ship's papers ; 8 certificate of admeasure­ used in deeds. in describing the premises.
ment granted at the home port of a vessel by Although the word "messuage" may. there is no
the government or by some other competent necessity tha.t it must, import more thaD the word
"dwelling.house, " with which word it is frequ611tly
authority. Jac. Sea Laws. 51.
put in apposition and used synonymously. 2 Bing.
N. C. 617.
MESSAGE FROM THE CROWN.
In English law. The method of communi.. In Scotland. The principal dwelling­
eating between the sovereign a n d the house house witbin a barony. Bell.
of parliament. A written message uuder the
royal sign-manual is brought by a membE'r of META. Lat. A goal, bound,or turoing.
the house, being a minister of the crown or paint. In old English law, tho term WS8

oneofthe royal household. Verbal messages used to denote a bound or boundary line of

are ruso someti mes delivered. May, ParI. Pro land; a landmark; a materialobject, as R tree
or a pillar, marking the position or b�ginning
c. 17.
of a boundary line.
MESSAGE, PRESIDENT'S. An an­
nual communication from the president of METACHRONISM. An error In com·
the United StatES to congress, made at or near putation of time.
the beginning of each session, embodying bis
Tlews on the state and exigencies of national METALLUM. In Romao law. Metal ; a
affairs, 8uggestions and recoJU mendatioDs mine. Labor in mines, as a punishment tor

for legislation, and other matter8. Const. crime. Dig. 40. 5. 24, 5 ; Calvin.

U. B. art. 2, § 8.
METATUS. In old European law. A
MESSARIUS. In old English I..... A dwelling; a seat ; a station; quarters; the
chief servant in husbandry j a bailiff. place where aIle lives or stays. Spelman.
 METAYER SYSTEM. 772 MEUM EST PROMITTERE, ETC.

METAYER SYSTEM. A system ot METROPOLIS. A mother city; on.

agricultural holdings, under which the land from which C\ colony was sent out. The cap'
ls divided, in small farms, among single ital of a province. Calvin.
families. the landlord generally supplying the
METROPOLITAN. In English law.
stock which the agricultural system of the
country is considered to require. and receiv­
One of the titles of an archbishop. Derived
from the circumstance that archbishops were
ing. in lieu of rent and profit, a fixed pro­
portion of the produce. This proportion,
consecrated at first in tile metropolIs ot 8
province. 4 Inst. 94.
which is generally !laid in kind, is usuaUy
In Englan d. the word is frequently used
one-half. 1 Mill, Pol. Econ. 296, 363; and
2 Smith, Wealth Nat. 3, c. ii. to designate a statute, institution, govern­
The system
mental agency, etc relating exclusively or
prevails in some parts of France and Italy.
.•

especially to the city of London: e. g'J the

METECORN. A measure or portion of metropolitan board of works. metropolitan
corn. given by a lord t o customary tenants buildings act, etc.
as 8 reward and encouragement for labor.
METROPO LITAN BOARD OF
Cowell.
WORKS. A board constituted in 1855 by
METE GAVEL. A tribute or rent paid St. 18 & 19 Vict. c. 120, for the hetter sewer·
in victuals. Cowell. lng. draining, paving. cleansing, 1ighting, Ilnd
improving the metropolis (London.) The
METER. An instrument of meaanTeoo
board is elected by vestries and district boards.,
m a nt i as 8 coal-meter, a gas m eter, a lantl...
-

who in their tum are elected by the rate-pay­

meter.
ers. Wharton.
METES AND BOUNDS. In convey­
M E T R O P O L I T A N POLICE DIS­
ancing. The boundary lines of lands, with
their terminating points or angles .
TRICT. A region composed of New York
city and come adjacent territory, which was,
METEWAND, or METEYARD. A for police purposes, organized as one district.
staff of a certain length wherewith measures and provided with a police force common to
are taken. the whole.

M E T HE L • Sax. Speech i discourse. METTESHEP, or METTENSCHEP.

Ma thlian, to speak ; to harangue. Ane. lust. In old records. An aCknowle(lgment paid in
:Eng. a certain measure of corn ; or a fine or pen.
alty imposed on tenants for default i n not do­
METHOD. In patent law. "Engine"
ing their customary service i n cutting the
and " m ethod" mean the same thing, and
lord's corn.
may be the subject of a patent. M ethod,
properly speaking, is only placing several METUS. Lat. Fear; terror. In a tech·
tbings. or performing several operations, in nical sense, a reasonable and We'll-grounded
the most convenient order, but it may sig� apprehension of SOlUe great evil, sucb as
nify a contrivance or device. Fessen. Pat. death or mayhem, and not ariSing out ot
127; 8 Term R. 106. mere timidity, but such as m i gl1t fall upon a.

man of conrage. Fear must be of this de­

METRE. The unit of rnei'lSlIre In the
scription in order to alUount to duress avoid ..

" metric system" of weights and m('usures.

lng a contract. See Bract. lib. 2, c. 5 ; 1 m.
It is a measure of length, being the ten-mill­
Comm. 1:31 ; Calvin.
iunth part of the distance (rom the eq uator
to the north pole. and equivalent to 39..37 MEUBLES. In French law. The mov·
inches. From this unit all tile other denom­ abIes of English law. Thillgs are meu.ble8
inations of measure, as well as of weight, from either of two causes: (1) From their
are derived. 'l'\e metric system was first own nature, 6. g .• tables, chairs ; or (2) from
adopted in France in 1795. the deter mination of the law. (1. g. . obliga­
tions.
METRIC SYSTEM. A system of meas­
MEUBLES MEUBLANS. In French
ures for length, surface, weight, and capaci­
law. The utensils and articles of ornament
ty, founded on the metre as a unit. It orig­
usual in a d welling-house. Brown.
inated in France, has been established by
law there and in SOlUe other countries, and Meum est promittere, non dimittere.
Is recommended for gent:ral use by otller It is mine to promise, not to discharge. 2
governments. Rolle, 39.
 lIICHAELMAS
MICHAELMAS. The feast of the Arch.
angel Michael, celebrated tn England on
the 29th of September, and one ot the usual
quarter days.
MICHAELMAS HEAD COURT. A stice. which ison the 24th day of June, and the
meeting of the heritors of Scotland, at which
the roll of freeholders used to be revised. See
Bell.
MICHAELMAS TERM. One of the
four terms of the En gl is h courts of common
law. beginning on the 2d day of November
and ending on the 25th. 3 Staph. Comm.
1562.
MICHE, or MICH. O. Eng. To prac­
tice crimes requiring concealment. or secrecy;
to pilfe r articles secretly. Micher. ODe who
pr� Jtices secret crime. 'Vebster.
MICHEL·GEMOT. One of the names
of lhe general council immemoriaUy held i n
England. The Witenagemote.
One of the great councils of king and
noblemen in Saxon thurs. Jacob.
M I C H E L·SYNOTH. Great council.
One ot the namea of the general council of the
kingdom in the times of the Saxons. 1 BI.
Comm. 147.
MICHERY. Theft; cheatIng.
MIDDLE TERM. A phr..e used in log­
Jcto denote the term which occurs i n iJoth
of the premises in the syl logis llL , being the
means of bringing together the two h r llls in
'
the conclusion.
MIDDLE THREAD. The middle thread
of a stream is an imaginary line drawnlength·
wise through the middle of its current.
MIDDLEMAN. An agent between two
parties , an intermediary who performs the
ollice d a broker or factor between seller and
buyer, producer and consumer, land-owner
and u-nant, ttc.
A. middleman in Ireland. is a person who
, granted by various Jaws o[ the United States,
takes land in large tracts from the proprie­
tors, aod then rents it out to the peasantry in
amaH portions at a greatly enhanced price.
Wharton.
MIDDLESEX, BILL OF. See BILL OF
MIDDLESEX.
MIDSHIPMAN. In ships ot war. a kind
of naval cadet. whose business is to second
or transmit the orders of the superior officers
and assist i n the necessary busi ness of the
vessel. hut understooLl to be in training for a
commission. .A paRsed midslJipm,�n is one
778 MILITARY COMMISSIONS
who has passed an examination and 1• •
candidate for promotion to the rank ot lieu­
tenant.
MIDSUMMER· DAY. The su mmer sol­
feast of St.. John the Baptist, n festi val first
mentioned by Maximus Tauricensis. A. D.
400. It is generally a quarter-day for the
payment of rents. etc. Wharton.
MIDvVIFE. In medical jurisprudence.
.A woman who practi ces tDldwifery j an co­
coucheus,.
MIESES. In Spanish law. Crops or
grain. 'White, New Recop. b. 1. tit. 7, c. 5.
§ 2.
Migrans jura amitt at 80 privilegia. et
immunitates domicilii prioris. One who
emigrates will lose tbe rights, privileges, and
immunities of his former domicile. Voet.
Com. ad Pand tom. i . 347 ; 1 Kent, Comm.
o
76.
MILE. A measure of length or distance,
containing 8 furlongs, or 1,760 ya.rds, or
5,280 feet.
MILEAGE. A payment or chArge, at a
fixed rate per mile. allowed as a compensa­
tion for traveling expenses to members of leg­
islati ve bodies. witnesses. sheriffs, and bail­
Ill• .
MILES. law. A soldier.
In the civil
In old English law. .A knight. because
military service was part of the feudal ten­
ure. Also a tenant by military service. not
a k nig ht. 1 BI. Comm. 404; Seld. Tit. Hon.
334.
MILITARE. To be knighted.
MILITARY. Pertaining to war or to
the army; concerned with war. Also the
whole body of soldiers; an army.
MILITARY BOUNTY LAND. Land
by way of bounty. to soldiers for services
rendered i n tho army; being given in lieu of
a mouoy payment.
MILITARY CAUSES. In En gl is h law.
Causes of action or injuries cognizable in the
court military. or court of chivalry. 3 131.
Com m lOa.
.
MILITARY COMMISSIONS. Courts
whose procedure anu composition are modeled
upon courts-martial, being the tribunals by
wbich alleged violations of martial law are
tried and determined. The meUlbersbip of
 MILITARY COURTS 774
8ach commissions is commonly made up of
eivUians and army officers. They are proba­
bly not known outside,of the United States,
nod were first used by General Scott during
the M�xicaD war. 15 Amer. & Eng. Ene.
Law, 473.
M I L I T A R Y COURTS. In England
the court at chivalry and courts· martial. in
America courts-martial and courts of inquiry.
afe -..aIled by this general name.
MILITARY FEUDS. The genuine or
original feuds which were in the hands of
military me�, who performed milita.ry duty
for their tenures.
MILITARY JURISDICTION. " There
are, under the constitution, three kinds of
military jurisdiction,-one to be exercised
hath in peace and war; another to be exercised
in Lim€l of foreign war without tbe bounda­
riesof tba United States. or in time of rebaIl·
ion apd civil war within states or districts
occupied by rebels treated as belligerents;
and a third to be exercised in time of iova·
sian or inSUrrection within the limits of the
United States, or during reuellion within the
limits of states maintaining adhesion to the
national government, when the public dan·
ger requires its exercise. The first of these
may be called I jUl"isdiction under military
law,' and is found in acts of congress pre­
scribing rules and articles of war, or other­
wise providing for the government of the
national forces ; the second may be distin­
guished as • military gover nment, ' supersed­
ing. as fal· as may be deemed expedient, the
local 1a w. and exercised by Lhe military com..
mander under the direction of the preSide n t ,
with the express or implied sanction of
congress; whitt:! thetbird may be denomi nated
• martial law proper,' and is called into
action by congrese. or temporarily, when the
action of congress cannot be invited. and in
the case of justifying or excusing peril, by
the president, in Limes of insun-ection or in·
VaSlon, or of civil or foreign war, within
districts or localities where ordinary law no
longer adequately secures public sat'ety and
private rights." Per Chase, C. J•• 4 'Vall.
141.
MILITARY LAW. A oyotem of regu­
lations for the government of an army. 1
Kent, Comm. 341, note.
That branch of the laws which reBp�cta
military diSCipline and the government of
penons employed in the military service.
De Hart, Mil. Law. 16. See MARTIAL LAW.
MILLEATE
MILITARY OFFENSES. Those of.
fenses which are cognizable by the conrta
mi litary, as insubordination, aleeping OD
guard, desertioD, etc.
MILITARY STATE. The soldiery ot.
the kingdom of Great Britain.
MILITARY TENURES. The various
tenures by knight-service, grand-serjeanty,
cornage, e tc" , are frequently called "military
tennres." from the nature of the services
which they iovoh'ed. 1 Steph. Comm. 204.
MILITARY TESTAMENT. In En·
gl ish law. A nuncupative will. that is, one
made by word of mouth, by which a soldier
may dispose of his goods. pay. and other per.
sonal cbattels, without the forills and solcllIni·
ties which the law requires 1n other cases.
St. 1 Viet. e. 26, § 11.
MILITES. Knights; and, in Scotch law,
freeholders.
MILITIA. The hody of soldiers In a stat.
enrolled for diSCipline. but not engaged in
actual service except in emergencies, as dis·
tinguished from regular troops or a standing
army.
MILL. A machine or engine for grind·
ing. saWing, manufacturing, etc. ; also the
building containing such machinery.
An American money of account, of the
value of the tenth part of a cent.
MILL-HOLMS. Low meadows and
otber fields in the vicinity or mills. or watery
pla.ces about mill-dams. Enc. Lond.
M I L L B A N K PRISON. Formerly
called the "Penitentiary at Millbank." A
prison at \Vestminster, for convicts under
sentence of transportation, until the sentence
or oruer sball be executed, or the convict be
entitled to freedom. or be removed to some
other place at confinement. This prison is
placed under the inspectors of prisons ap­
pointed. by the secretnry of state, who ar e a
body COrpC1nlte. " Tue Inspectors of the MiIl�
bank Prison. n The inspectors make regula.
tlons for the government thereof, subject to
the approbation of the secretary of state. and
yearly reports to him, to be laid befor" par·
liament. The secretary also appoints a gov�
ernor, chaplain, medical officer, matron, etc.
Wharton.
M I L L E A T E . or MILL-LEAT. A
trench to convey water to or from a mill. St.
7 Jae. 1. c. 19.
 MILLED MONEY 775 MINISTER

MILLED MONEY. This term means anythi n g may be dug: Bucb as beds of stone
merely coined money ; and it is not necessary which may be quarried . 14 Mees. &; 'V. 859.
tbat it should be marked or rolled on the Any natural production, formed by the ao­
odges. Leach. 708. tion of chem ical affinities, and organized
wben becom ing solid by the powers of cry&­
M I L-R E l S . The name of a piece ot
talization. Webster.
money in the coinage of Portugal , and the
AZores and Madeira islands. Its value at the MI N E R A T OR. In old records. A
custom-house, according as it is coined in the miner.
first. aecond. 01' thinl of the places named, is
Minima pmns oorporalis ' est major
81.12. or 831 cents. or $1.
qualibet pecuniaria. The smallest corpo­
M.INA. I n old Englisb law . A measure ral punisbment i s greater than any peeunial'1
ot corn or grain. Cowell ; Spelman. one. 2 lost. 220.

MINAGE. A toll or duty paid for .ell­ Minime mutanda Bunt qure cartaro
log corn by the mina. Cowell. habuerunt interpretatlonem. Tbinga
whicb have had a certain interpretation
MINARE. In old records. To mine or [whose interpretation has been settled , as by
dig mines. Minator. a m iner. Cowell. common opinion] are not to be altered. Co.
Litt. 365; Win g. Max. p. 748. max. 202.
M I N A T O R CARUClE. A plowman.
Cowell.
MINIMENT. An old form of muniment.
Minatur innocent1buB qui puett no­ (q • •• ) Blount.
centibus. 4 Coke. 45. He threatens the in­
Minimum est nihilo proximum. The
nocent who spares the guilty,
smallest is next to nothing.

MIND. In it8 1egal sense, "mind" means

MINING CLAIM. A parcel o! land.
only the ability to will, to direct, to pertuit,
containing precious metal in its soil or rock,
or to assent. In this sense, a corporation
and appropr ia ted by an individ ual, according
has a m i nd, and exerls its mind each time
to establi s hed rules, by the process ot " loca­
that it assents to the terms of a contract. 43
tion. " 104 U. S. 649.
N. J. Law. 492.
MINING COMPANIES. Thl. desig­
MIND AND MEMORY. A phrase ap­
nation was formerly appHed in England to
plied to testators, denoting the possession of
the as!ociations formed i n London in 1825
mental capacity to mal,c a will. In order to
for worki ng mines in Mexico and Soutb
make a valid will, the testator mllst have
America; but at present it comprises, both
a sound and disposing mind and memory.
in England and America, all m ining projects
In other words, he ought to be capable of
carried on by joint·stock associations or cor-­
making bis will. with an u nderstan ding of
pomtions. Rapalje & Lawrence.
the nature of the business in which he il'J en�
gaged, a recollection of the property he MINING PARTNERSHIP. An asSI)
means to dispose of, of the persons who are
sociation of several owners of a mine for c0-
the objects of his bounty. and the manner
operation i n working the mine. A mining
in which it is to be distributed between them.
partnership is governed by many ot tha r ule,.�
3 Wasb. C. C. 585. relating to ordinary partnel's ltips, but alse

MINE. A pit or excavation in the earth, by some rules peculiar to itself, one of which

from which metallic ores or other mineral is that oue person may can \'ey his interest

aubstances are taken by digging. 'Vebsler. in the mine and business without di!solving
the partnership. 102 U. S.645; 23 Cal. 203;
MINER. One who mines j a digger for 9 Colo. 46. 10 Pac. Rep. 232.
metal8 and other m i nerals. While men of
actentlncattainmeuLt:I, ur of experience in the MINISTER. In public law. On.
of the highest functionaries in the organiza...
se o[ m achinery, are to be found in this
u
Gass. yet the word by which tbe class is dese tioll of civil government. sLanding next to

ignated imports neither learning nor skill. tho sovereign or executive bead, acting as

(Colo.) 19 Pac. Rep. 604. bis im m ediate auxiliary, and being general lJ
Charged witb the administration of one of
MINERALS. All fos.il bodle. or mat­ the great bureaus or departmen ts of the ex..

ters dug out at mines or quarries, whence ecutive branc h of government. Otherwise
 MINISTER 776 MINOR QUI INFRA., ETC.

called a " cabine t minister . " " secretary ot MINISTRANT. The party cross-exam­
state. " or " secretary of a departmen t. " ini ng a w itness was BO called, under the old
In international law, An officer ap­ system of the eccles iastical courts.
poi n ted by the govern ment of one nation as
MINISTRI REGIS. Lat. In old En·
8 mediator or arbitrator between two other
glish law. Mi ni sters of the king. applied to
nations who Bre enga ged in a co ntro v ersy.
the j udges of the realm, and to all tllose who
with their consent, with a view to effecting
hold mi ni ste rial ofHces in the government.
an amic:tble adju stment of the d is p u te.
2 1nst. 208.
A general name give n to the diplom atiC
repres entati �es sent by one state to another. MINISTRY. Office; oervlce. Those
incl uding ambassadors, en voys,ancl residents. members of the government who are in the
In ecclesiastical law. A person ordained cabinet.
Rccording to the usages of some church or
MINOR. An infant or person who is
associated body of Ch rbtians for the pr€'ach­ under the age of legal compet ence. A
Ing of the gospel and filling tbe pastoral of· term derived from th e civil law. which d6-
fice.
8cribed a person under a certain age as les,
In practice. An officer at j ustice. than 80 many years. Minor ·oiginti quinqtu
charged with the execution of th e law. and anI/is, one less than twenty..five years of age.
hence termed a "ministerial officer; " Buch as Inst. 1, 14, 2.
a sheriff, bailiff, coroner, sheriff's officer. Also, less ; of less consideration; lower ; a

Britt. c . 21- pe rson of in f erior condition. Fleta, 2, 47.

An ag en t ; one who acts not by any in ber.. 13, 15; Calvin.
ent a uthority, but under another.
MINOR ETAS. Lat. Minori ty or In.
MINISTERIAL. That which 10 done fancy . Oro. Car. 516. Literally, lesser age.
under the autho rity of a su perior ; opposed to Minor ante tempus agere non poteat
judicial,. t.h at which involves obedience to in casu proprietatis nee etiam conve·
i nstru ctions . but demands no special discI'&­ nire ; differetur usque ootatem ; sed non
tion, j u dg ment. or skill . 2 Inst. 291. A minor hetore
cadit breve.
m ajo rit.y cannot act in a case of property, nor
MINISTERIAL ACT. A mi n i sterial act
even agree; it sho uld be deferred until ma,..
may be d efin ed to be one ,,,· hich a person per­
forms in a gi ven state of facts. in a prescri bed
jority i but the writ does not fail.

manner, in obedience to th e mandate of l egal MINOR FACT. In the law of evidence.

authority, without regard to or the exerc ise A relati v e. collateral, or s ubordi n ate fact; &
of his own jUdgmeut. upon the propri ety of circumst.ance. )Vills. Cire. Ev. 27; Burrill,
the act bein g done. Acts done ou t of court Circ. Ev. p. 121, note, 582.
in bri n ging parties into court are , as a gen..
e ral proposition , ministerial acts. 54 Ind. Minor jurare non potest. A min or can·

376. not m<lke oath . Co. Lit.t. 172b. An infant

cannot be sw orn on a jlll'Y. Litt. 289.
MINISTERIAL POWERS. A plll·ase
used in Engl ish con veyancing to denote Minor minorem custodire non debet,
po wers gi v en for the goad. not of the donee alios enim prwsumitur male regere qui
ltimse.lf excl u sively, or o f th e don ee h i mself seipsum regere nescit. A minor ought.

n ecessar ily nt all, but for the good of several not to be gnard ian to a m inor, for he who
persons, incl ud i ng or n ot incl uding t.hedonce knows not how to govern h i mself is presumed
also. They are so called beca use the donee to be unflt to govern others. Fleta, lib. I. Co
of them i s as a minister or servant in his 10; Co. Litt. 88b.
exercise of th e m. Brown. Minor non tenetur respondere durante
minori retate, nisi in causa dotis, propter
MINI STERIAL TRUSTS. (Also
favorem. 3 Buist. 143. A Ill i nor is not
called "instrumental trusts. " ) Those which
bound to repJy during his m i no rity, except
demand no fu rther exerci!)e of reason or un­
as a matter of favor in a cause of dower.
dersta n d i ll g than every intelligent agent
m ust necessarily empl,9"'"' ; as to co n vey an es­ Minor qui infra retatem 12 annorum
tate. They are a species of special trusts, fuerlt ultagari non potest. nee extra. Ie·
dist in guished from discret.i on ary trusts, gem poni, quia ante ta1em wtatemJ non
w hich necessarily require much exercise of est sub lege aliquo., nee in decenna. Co.
lhe underat8ndi ng. 2 Bouy. Inst. no. 1896. Litt. 128. A min or who i8 under twelve
 MINOR SEPTEMDECIM, ETC. 777 MISAPl'ROPlUATlON

years of age cannot be outlawed, nor placed MINUTE. In meaS l l res of time or cir­
without the law, because before such age he cumference. a min ute is the sixtieth part of
is not under any Jaw, nor in a decennary . an hour or degree.
In practice. .A memorandum of what
Minor septemdecim annis non a.dmit­
takes place i n court, mad e by authority of the
titur fore executorem. A person under
court.
seventeen years is not admit ted to be an ex..
8eutor. 6 Coke, 67. A fule of ecclesiaati­ MINUTE-BOOK. A book kept by tbe
cal law. clerk or prothonotary of a court for entering
memoranda of its proceedings.
MINORA REGALIA. In English law.
The lesser prerogati ves of tee crown, includ­ MINUTE TITHES. Small tithes, �nch
Ing the tights of the revenue . 1 Bl. Comm. as usually belong to a vicar. as of wool,

241. lambs, pigs. butter, cheese, berbs, seeds, eggs.

honey, wax, etc.
MINORITY. The state or condition of
a minor; infaucy. MINUTES. In Scotch praotioe. A
pleading put into writing before the lord or­
The smaller number of votes of a deli bera­
tive assemblYi opposed to maj or ity, (which di nary , a3 the ground of his j udgm en t. Bell.
In business law. Memoranda or noLes
.... )
of a transaction or proceeding. Thus, the
MINT. The place designated oy low record of the- proceedings at a meeting of di­
where bullion is COined into money under au­ rectors or shareholders of a company is called
thority of the government. the " minutes."
Also a place of privilege in Soutbwark,
MINUTIO. In the civil law. .A. lessen­
near the queen's prison, where persons for­
ing ; diminution or reduction. Dig. 4. 5, 1-
merly sheltered themselves from j ustice u u ­
del' the pretext that i t was an ancie-nt palace MIRROR. The Mirror of Justice, or of
of the crOW D . The privilege is now abol­ '
the Justices, commonly spoken of as the
ished. Wharloll. " M irror, " is an ancient treatise on the laws
of England. written during the reign of
MINT-MARK. The masters and work­
Ed ward II., and attributed to one Andrew
ers of the English mint, in the indentures
Horne.
made with them. agree "to make a privy
mark in the money tuey make, of gold and MIS. An inseparable particle used in
silver, so thl\t they may know which moneys composiLion. to mark an i U sense or deprava­
were of their own making. " After every trial tion of the meaning ; as " m iscomputation" or
of the pix, having proved their moneys to be "m isaccomptillg. " i. e., false reckoning. Sev­
lawful. they are entitled to their quietus un­ eral of the words following are illustrations
.
der the great :;eal, a.nd to be discharged from of the force of tbis monosyllable.
all suits or actions. Wbarton.
MISA. In old English law. The mise
MINT-MASTER. One who man ages the or issue in a writ of right. Spelman. t

coinage. See MASTER OF '.rIlE MIN'I'. In old records. A. compact or agree­

ment; a form of compromise. Cowell.
MINTAGE. Tha charge or commission
taken by the mint as a consideration for coin­ MISADVENTURE. A mischance or
ing into money the bullion which is brought accident; a casualty caused by the act of one
to it for that purpose; thesurne as "seignior­ person and intlicting inj ury upon another.
age. " Homicide "by misadventllre" is where a man,
Also that which is coined or stamped as doing a lawful act. without any intention o f
money; the product of the mint. hort, unfortunately kills auother. 4 Bl.
Comm. 182.
MINUS. Lat. In the civil Jaw. Less ;
1ess than. The word had also. in some con­ MISALLEGE. To cite falsel y as a proof

nections, the sense of " n ot at all. n For ex­ or argu ment.

ample, a debt remaining wholly unpaid

- was MISAPPLICATION. Improper, !IIegal,
described as "m'imus solutum." wrongful, or corrupt use or appl ication of
funds, property, etc.
Minus solvit, qui tardius solvit. He
does not pay who pays too late. Dig. 50, 16, MISAPPROPRIATI ON. This Is not
l�. L a tt!chnical term of law, but it is sometimes
 MISllEHAVIOR 778 MISE

applied to th e misdemeanor which is com­ attorney at law, (1 De nio, 267,) or a public:

mitted by a banker, factor, agent, trustee, officer, (60 Me. 58.)
etc .• who fraudulently deals with money,
goods, securities, etc., intrusted to bim, or MISCONTINUANCE. In practice. An
by a di rector or public offi cer of a corporation improper continuance; want of proper form
or co m pany who fraudulently misapplies any in a con tinuance ; the Bame w ith "discontin­
of its property. Steph.Crim. Dig. 257, eL seq. uance." Cowell.
Sweet.
MISCREANT. In old English law. An
MISBEHAVIOR. Ill conduct; Improper apostate; an unbeliever; one who totally re­
or unlawful behavior. Verdicts are some-­ n o unced Christianity. 4 Bl. Comm. 44.
times set aside on the ground of misbehavior
of jurors. MISDATE. A false or erroneous date
affixedto a paper or document.
MISCARRIAGE. In medical juris­
pruden ce. The expulsion of the ovu , m or
MISDELIVERY. The delivery of prop·
embryo from t he uterus withi n the first six erty by a carrier or warehousem an to 8 per­
weeks after conception. Between that time, s on not authorized by t he owner 01' person to
and before the expiration of til e sixth month, whom the carrier or warehouseman is bonnd
when the child may possi bJy live, iUs term ed by bis contract to deliver it. 133 Mass. 156.
" abortion . " When th e delivery take s place
800n ufter the sixth month, itis denom inated MISDEMEANANT. A person guilty 01
" premature labor. " But the criminal act of
a misdem eanor ; one sentenced to punish­
ment upon conviction of a m isdemean or .
destroyi n g thefcetu8 at any time before birth
is termed, in law, " procuring miscarriage . " See FIRST-CLASS MISDEMEANANT.
Chit. Med. Jur. 410. MISDEMEANOR. In criminal law. A
In practice. As used in t he statute of general name for criminal offenses of every
frauds , ( " debt, default, or miscarriage of sort. punishable by i ndictment or special
another, " ) this term means any species of proceedings, which do not in law amount to
unlawful conduct or wron gf ul nct for which the grade of felony.
the doer could be beld liaule in a civil action. A misdemeanor is an aot committed or omitted
in violation of a public law either forbidding or
MISCEGENATION. Mixture of races; commanding it. Tbis general definition, however,
marriage between persons of different races ; comprehends both "crimes" and "misdemeanors,"
as between a white person and a negro. which, properly speaking, are mere synonymous
terms ; though, in common usage, the word
"crimes" is made to denote such offenses as are 01
MISCHARGE. An erroneous ch arge ; a
a deeper and more atl'ocious dye ; while smaller
charge, given by a court to a jury, which in­
faults and omissions of less consequence are com­
volves errors for w hich the j uugment may prised under tho milder term of "misdemean­
be reversed. ors" only_ In the English law. "misdemeanor" is
generally used in conLt'adistinction to" felony ; "and
MISCHIEF. In legislative parlance, the misdemeanors comprehend all indiotable olIenses
word isoften used to signify the e vil 01' dan­ which do not amount to felony, as libels, conspir­
acies, attempts, and solicitations to commit fel.
ger which a s tatute is intended to cu re or
onies, etc. Brown.
avoid.
In the phras e "malicious miscbief. "(which MISDESCRIPTION. An error or falsi·
see. ) it i m ports a want on
or reckless i nj ury ty in the description of the su bject- m atter of
to persons or property. a contract which deceives one of the parti es
to his i nj ury. or is misleading in a material
MISCOGNISANT. Ignorant ; un in ·
or substantial pOin t.
formed. The word Is obsolete.
MISDIRECTION. In prac ti c e . An er­
MISCONDUCT. Any unlawful c<induct
ror made by a judge in instr ucti ng the jury
on the part of a person concerllf'd in the ad­
upon the trial of a cause.
m i nis tration of just ice which is prej lldicial
� the rights of part ies or to the right deter� MISE. The issue in a writ of right.
mination of the cause; as " m isconduct of ju­ When the tenant in a writ of right pleads
rors, " U misconduct of an arbiLra:�:l'." The that his title is beUer than the demandant's,
term is also used to express a dereliction from he is said to joi n the mise on the mere right.
duty, injurious to ano ther, on the part of on e Also expensesj costs ; disbursements in an
employed In a profeSSional capacity. as an act ion .
 MISE-MONEY 779 MISR.EADING

MISE-MONEY. Money paid by way of vary in one's plea. Cowell ; :Blount; Spel�
-contract or composition to purchase any lib­ man.
erty, etc. Blount.
MISLAY. To deposit in a place not aft­
Misera est servitus, ubi jus est vagum erwards recollected; to los e anything by for­
Slit incertum. It is a wretched state of getfulness of the place where it was laid.
!lavery which su bsists: wbE"re the law is vague
01' uDcertain. 4 Iust. 245; Broom, Max. 150. MISLEADING. Delusive; calculated to
lead astray or to lead into error. Instruo-­
MISERABILE DEPOSITUM. Lat. In tiona which are of such a natu re as to be
the civil law. The name of an involuntary de­ misunderst.ood by the j u ry. o r to give them
posit. made under pressing necessity ; aa, for a wrong impression, are said to be " mislead�
instance, shipwreck, fire, or oth er inevitable ing.O)
calamity. Poth. Prcc. Civile. pte 5, c. I, § 1 ;
Code La. 2935. MISNOMER. Ml.take in name; the giv­
ing an incorrect name to a person in a
MISERERE. The name and first word
pleading, deed, or other instrument.
of one of the penitential psalms. being that
which was commonly used to begiven by the MISPLEADING. Pleading incorrectly.
ordinary to such condemned malefactors as or omiUing anything in pleading which is es­
were allowed t h e benefit of clergYi whence it sential to the support or defense of an action,
is also called the "psalm of mercy." Wllar· is so called ; as in the case of a plaintiff not
ton. merely stating his title in a defective manner,

MISERICORDIA. fine or
Mercy; a but setting forth a title which is essentially

amerciament; an arbitrary or discretio nary

defecti ve in itself ; or if, to an action of debt,
amercement.
the dtlfendant pleads .. not guilty " instead of
nil debet. Brown.
MISERICORDIA COMMUNIS. In
old English law. A fine set OD a wbole MISPRISION. Incriminallaw. A term
county or bu ndred. used to signify every considerable misde­
meanor which has not a certain name given
MISFEASAN CE. A m isdeed or tres­
to it by law. 3 Illst. 36.
pass. The doing what a party ought to d o
Neglect 01' light account made of a crime;
improperly. 1 Tidd. Pro 4. The improper
omission to reveal it. "Misprision of trea­
performance of some act which a man may
son" is the bare kn owledge and concealment
lawfully do. 3 Steph. Comm. 460.
of treason. without any degree of assent
Misfeasance, st1'ictly, is not doing a lawful act
thereto, for any assent makes the party a
in a proper manner, omitting to do it as it should
00 done; while malfeasa.nce is the doing an act princi!'.: trait-no 4B1. Comm. 120; 4 Steph.
wholly wrongful i and non·feasance is an omission Corum. 200. "M isprision of felony" is the
to perform a. duty, or a total neglect of duty. But concealment of a felony committed by an ­
"misfeasance" is often carelessly used in the sense
other, without such previous concert with
of "ma,1:teasance. 71 as Conn. 109.
Or subsequent assistance of the lat ter as will
MISFEAZANCE. See MISFEASANOE. make the party concealing an accessary be­
fore or after the fact. 4 Steph. Comm. 260.
MISFORTUNE. An ad verse event.
These are " misprisions," in the proper sense
calamity, orevil fortune. arising by accident,
of the term. Contempts and high misde­
(or without the will or concu rrence of him
meanors were formerly termed "positive mis­
who suffel5 from it,) and not to Le foreseen
prisions. " 4 BI. Comm. 121.
or guarded against by care or prudence. See
Misprisions of clerks are mistakes made by
20 Q. B. Div. 816. In its application to the
clerks, etc., in writing or keeping records.
law of homicide, this term always involves
the further idea that the person causing the
MISPRISION OF TREASON. Mis­
death is not at the time engaged in any un�
prision of treason is the knowledge and con�
lawful act. 4 Bl. Comm. 182.
ceal ment of treason, wit hou t otherwise as­
MISJOINDER. The improper joini ng senting to or participating in the crime. Pen.
together of parties to a suit, as plaintiffs or Code Ca\. § 38.
defendants, or of different causes of action.
MISREADING. Reading a deed or
MISKENNING. In Saxon and old En­ other instrument to an illiterate or blind
glish law. An unju st or irregUlar summon­ man (who is a party to it) tn a false or de­
ing to court; to spe ak unsteadily in court; to ceitful manner. so that he conceives a wrong
 MISRECITAL 780 MI1.'IGAl'ION

Idea ot its tenor or contents. See 5 Coke. M I S T A K E . Some unintentional act.

19; 6 East. 309; 2 Johns. 404. omission, or error arising from ignorance, sur·
prise, imposition, or misplaced confIdence.
MISRECITAL. Tbe erroneous or Incor­ Code G•. § 3117; 1 Story. Eq. Jur. § 110.
rect recital of a matter of fact, either in an Tha.t result of ignorance of law or fact
agreement, deed, or pleading. which has misled a person to commit that
wh ich , if he had not been in error, he would
MISREPRESENTATION. An Inten­
not have done. Jeremy, Eq. Jur. 358.
tional false statement respecting a mat..
A mistake exists w hen a person. under
ter of fact, made by one of the parties to
sorue erroneous conviction of law or fact.
a contract, which is material to the con­
does, or omits to do, some act which. but for
tract and infiuential in prod llcing it. 29 N.
the erroneous conviction, he would not have
J. Eq. 262.
done or omitted. It may arise either from
FalIJ8 or fraudulent misrepresentation is a
unconsciousness, ignorance, forgetfulness,
representation contrary to the fact. made by
i mposition, or misplaced confidence. Bisph.
a person with a knowledge of its falsehood ,
Eq. § 185.
and being the cause of the other party's ell­
Mlstahe of fact is a mistake not caused by the
tering into the contract. 6 Clark & F. 232. neglect of a lega.l duty on the part of the person
Negligent misrepresentation is a false rep­ making the mistake, and consisting in (1) an un­
resentation made by a person who has no conscious ignorance or forgetfulness of fL fact, past.
reasonable grounds for believing it to be true, or present, materinl to the contract ; or (2) belief
in thc present existence of a thing materiul to the
though he does not know that it is untrue, contract which does not exist, or in the past ex·
or even believes it to be true. L. R. 4 H. L. istence of such a thing which has not existed.
79 • • Civil Code Cal. § 1577.
Innocent misrepresentation is where the A mistake of taw happens when a party, having

persoll making the representation had rea� full knowledge of the facts, comes to an erroneous
conclusion as to their legal effect. It is a. mistaken
sonable groll nds for believing it to be true. opinion or inference, arising from an imperfect or
L. R. 2 Q. B. 580. incorrect exercise of the judgment, upon facts 81
they really a.re; and, like a correct opinion, which
MISSA. The rna••• is law, necessarily presupposes that the person
forming it is in full possession of them. The facts
MISSlE PRESBYTER. A prle.t In or­ pl'ecede the law, and the true and false opinion

d�rs. Blount. alike imply an acquaintance with them. Neither

can exist without it. The one is the result of a
correct application to them of legal principles,
MISSAL. The mas.-book .
which every man is presumed to know, and is
called "lawi)l the other, the result of a faulty a.p­
MISSILIA. In Roman IaIV. Gift. or lib­
plication, and is called a "mistake of law. II 12
eralities, which the prretors and consuls were Wis. 124.
in the habit of throwing among the people. Mutual mistake is where the parties have Ito

lost. 2, 1 , 45. common intention, but it is induced by a common

or mutual mistake.
MISSING SHIP. In maritime Jaw. A
vessel is so called when, computed from her MISTERY. A trade or calling. Cowell.
known day of sailing. the time that has
elapsed exceeds the average duration of simi· MISTRESS. The proper style of the wife
lar voyages at the same season of the year. .of an esquire or a gentleman in England.
2 Duer, Ins. 469.
MISTRIAL. An erroneous, invalid, or
MISSIO. Lat. In the civil law . A send­ nugatory trial; a trial of nn u{;tion which can.
ing or putting. j}fissio in bona. a putting not stand in la w because of want of j urjsdic­
the creditor in possession of the debtor's prop­ tion. or a wrong drawing of jurors, or disre­
erty. Mackeld. Rom. Law. § 521. Mi.s'o gard of some other fundamental requisite.
jt/,dicum in consilium, a sending out of the
judices (or juxy) to make up their sentence.
MISUSER. Abuse of an office or fran­
Halli!ax. Civil Law. b. 3. c. 13. no. 31. chise. 2 Bl. Comm. 153.

MITIGATION. Alleviation j abatement.

MISSIVES. In Scotch law. 'Writings
passed between parties as evidence of a trans· or diminution of a penalty or punishment im­
action. Bell. posed by law. " Mitigating circumstances"
are such as do not constitute a justificniion
MISSTAICUS. 10 old recorda. A mes­ or excuse of the offense in question, but
eenger. which, in fairness and mercy. may be con-
 MITIGATlON OF DAMAGES 781 MIXED POLICr

sldered as extenuating or reducing the degree MIXED ACTION. An :Iction partaking

of moral culpability.
MITIGATION OF DAMAGES.
dllction ot the amount of damages. not by
proof of facts which are a ba r to a part of the
plai ntiff's cause of action. or a justification,
DOl' yet of facts which co nst i tu te a cause of
action in favor of the defend ant, but rather
of the twofold nature of real and personal
ac tio n s, hav ing for its Object the de m and and
A re­ res titu ti on of real property and also personal
damages tor a wrong sustained. 3 HI. Com m .
ll�.
Mixed actions arB those which are brought tor
the specific recovery ot lands, like real actions.
but comprise, joined wIth this claim, one tor dam­

facts which show tliat. the pJaiIltitrs conc eded
cause of nction does not entitle him to so large
an amo u nt ,lS t he sh o w i ng on his side would
otherwise justify t he j ury in allow ing him.
ages in respect of such property i such as the ac­
tion of waste, where, in addition to the recovery
ot the place wasted, the demandant olaims dam­
ages ; the writ ot entry, in which, by statute, a de­
mand of mesne profits may be joined i and dower,

1 Butll. Da m. 226. in whi ch 0. olaim tor detent.lon may be included.

4S Me. 255.
MITIOR SENSUS. Lat. The more In the civil la.w. An action in wh�d"
f8\'orable acceptation. some s pec ific thing was demanded. and alse
some personal obliga tion claimed to be ptd­
Mitius imperanti meliU9 paretur. The
formed; or. in otber words, an action wh1c b
more mildly ODe commands. the better is be
p ro ceed ed both in r�11l and in personam.
obeyed. 8 Inst. 24.
I nsL . 4. 6. 20.
MITOYENNET E. I n Frencb law. The MIXED CONTRACT. In the civillaw.
joint o wn ership of two neighbors in a wall , A co n tract in which one of the parties COne
ditch, or hedge which separates tbeir estates. fe1's a ben efit on the other, and requires of
the lat ter some thi ng of less value than what
MITTENDO MANUSCRIPTUM PE­
he has given; as a don atio n subject to a
DIS FINIS. An abolished j ud i cial writ ad­
charge. Path. ObI. no. 12.
dressed to the treasurer and chamberlain of
the exch equer to search for aud transmit the MIXED GOVERNMENT. A form of
foot of a Une ack no wledged before justices in govern ment com bining some of tbe features
eyre into tbe common pleas. Re g . Orig . 14. of two o r all of the three primary forms, viz .•

monarchy. aris to cracy , and democracy.

:bUTTER. L. Fr. To put, to send, or to
pnss ; as, mitter Z'estate, to pass the es tate; MIXED JURY. A bilingual jury; a ju­
mitter le d'roU, to p ass a right. These words ry of the balf-tongue. See DE MEOlETATE
aTe lIsed to distinglliBlt different kinds of 1'6- LINGU.lE.
lellSes. .AJso a jury composed partly of negroes and
partly of while men.
MITTER AVANT. L. Fr. In old pruc­
ticc. To put before; to present bl:lfore a MIXED LARCENY. Other wis. call ed
co urt; to produce in court. H compound " or "complicated larceny;" that
which is attended with circumstances of ag­
MITTIMUS. In English law. .A. writ gnwation or violencl:' to the person, or taki n g
used in sending a record or its tenor from one from a house.
co u rt to a not her. Thus, wbeJ'e a nul tiel rec­
MIXED LAWS. A name sometimes
o1'd is pleade,1 in one court to the record of
given to those which concern both persons
another court of equal or s upe rior j urisdic­
and property.
tion. the teuor of th� record is brought i nto
chancery by a c61'liora1"i. (g. 'V • • ) and t hence MIXED MARRIAGE. A m arriage b&­
aent by mittimus i n to the court where the t ween persons of di fferent nationaliLies; or,
a ction is. Tidd; Pl'. 745. more particularly. bet w een persons of ditfere
In crimina.l practice. The name of a ent racial ori gin; as between Ii white person
precept in w ri tin g. issuing from a co u rt or and a negro or an Indian.
magistrate, directed to the sheriff or o ther
MIXED PERSONALTY. Impure per­
officer, com ma nding him to convey to tbe
sonalty.
prison the per!:lOll named t he rei n . anll to the
jailer, commanding him to l'eceiva and safely MIXED POLICY. A policy of marino
keep su ch person until he shall be deliv ered insurance In which not only the time is spec­
by due course of la w. Pub. St. Mass. 1882, ified for which the risk is limited. but the
p. 1298. voyage also is described by its local termini ;
 "...

MIXED PRESUMPTIONS 782 MODERATA MISEIUCORDlA

as opposed to policies ot insurance tor 8 par­ to different persona are poured together In"
ticular voyage, without any limits as to time, the same cask.
and also to purely time policies, in which
MIXTUM IMPERIUM. Lat. In old
there is no designation of local termini at all.
English law. Mixed authOrity ; a kind ot
Mozley & Whitley.
civil power. A term npp1ied by Lord Hale
MIXED PRESUMPT�ONS. Presump­ to the "power" of certain subordinate civil

tions partaking of the nature both of pre­ magistrates as distinct from " j urisdiction."

sumptions of law and presumptions of fa.ct; Hale, Anal. § 11.

i. e., pres u mptions of fact recogn ized by law. MOB. An assemblage of many people,
actllig in a violent and disorderly manner.
MIXED PROPERTY. Property which
defying the law, a n d committing. or threat­
is personal in its essential nature, but is in­
ening to commit, depredations upon property
vested by the law with certain of the charac­
01' violence to persons.
teristics and features of real property. Heir­
The word, in legal lise, 1ft practically syn­
looms, tombstones, monuments in a church,
onymous with " riot, If b ut the l atter is the
and title-deeds to an estate are of this nature.
more correct term.
2 Bl. COlll m. 428; 3 lJarn. & Adol. 174; 4
Bing. 106. MOBBING AND RIOTING. In Scotch
law. A general term including all those
MIXED QUESTIONS. This ph rase convocations of the lieges for violent and un·
may mean either those which arise from the lawful purposes, which are attended with in·
conflict of foreign and domestic laws. or jury to the persons or property of the lieges.
<;\.uestions arising on a trial involving both or terror and alarm to the neighborhood in
la w and fact. which it takes place. The two phrases are
usu ally placed together; but, nevertheless,
MIXED SUBJECTS OF PROPERTY.
they have distinct meanings. Rnd are some.­
Such as faU within the definition of things
times used separately in legal langnage, the·
real, but which are attended, nevertheless,
word "mobbing" being peculiarly applicable
with some of the legal qualities of things
to t he unlawful assemblage and violence or
personal. as emblements, fixtures, and shares
a number of persons. and that of .. rioting"
in public undertakings, con nected with land.
to the outrageous behavior of a si ngle indi­
Besides these, there are others which, though
vidual. Ali•. Crim. Law, C. 23, p. 509.
things personal in point of definition, are,
in respect of some of their legal qualities, MOBILIA. Lat. Movables; movabl"
of the nature of things real; such are animals things i otherwise called "res mobiles."
feTtZ naturre. charters and deeds, court rolls,
Mobilia non habent 8itum. Movables.
and other evidences of the land. together
have no situs or local habitation. 4 Johns.
with the chests in which tbey are contained,
Ch. 472.
ancient family pictures, ornaments, tomb­
stones, coats of armor, witb pennons ilnd oth­ Mobilia sequuntur person am . Mov.
er ensigIl!, and especially beir-looms. 'Vhar­ abIes follow the [ law of the] person. Story,
ton. Coufi. Law, § 378; Broom, Max. 522.

MIXED TITHES. In ecclesiastical law . MOCKADOES. A kind ot cloth made ill

Those which arise not imrnedillteiy from the England, mentioned in St. 28 Eliz. c. 9 .
ground. but from those things wbiclJ are MODEL. A pattern o r representation ot
nourished by the ground, e. g., colts, chick­ something to be made. Afac simile of some­
en8, calves, mill\:, eggs, etc. 3 Burn, Eec. thing invented, made Con a reduced scale, iD
Law, 380; 2 BI. Com ID . 24. compliance with the patent laws.

MIXED WAR. A mixed war Is one MODERAMEN INCULPATlE TU­

wbich is made on one side by public author­ TELlE. Lat. In Roman law. The regu·
Ity, and on the oth er by mere pr i vate per­ lation of justi fiable defense. A term used to
BOns. 1 HUI, 377, 415. express that degree of force in defense of the
person or property which a person might
MIXTION. The mixture or confusion safely use, altllollgh it should occasion the
of goods or chattels belonging severally to
death of the aggressor. Cal vin.; Bell.
different ow ners, In such a way that they
can no longer be separated or distinguished; MODERATA MISERICORDIA. A.
&8 where two measures of wine belonging writ founded on Magna Gharta, wbich lies
 MO DEHATE CASTIGAVIT 7�3 MODUS ET CONVENTIO, ETC.

for him who Is amerced in 8 court, not of MODIUS TERR.IE VEL AGRI. In
record. for any transgression beyond the qual­ old English law. A quantity of ground con·
ityor quantity of the offense. It is addressed taini ng i n length and breadth 100 feet.
to the lord of the court. or his bailiff, com·
M O D 0 ET FORMA. In manner and
manding him to take a moderate amerciament
form. 'Vords used in the old Latin forms ot
of the parties. New Nat. Brev. 167;. Fitzh.
pleadings by way of traverse. and literally
Xat. Brev. 76.
transluted in the modern precedents, import.
ing that the party traversing denies the alle­
MODERATE CASTIGAVIT. Lat . In
gation of the other party, not only in its gen­
pleading. He moderately chastised. The
eral efi'ect, but in tbe exact 1nanner and form
name of a plea in t res pass which justifies an
in wbich i t i 8 made. Steph. PI. 189, 190.
alleged battery On the ground that it COD­
sisted in a moderate chastisement of the plain ... MODUS. Lat. In the civil law. Man­
tiff by the defendant, w bich, froID their re­
ner; means; way.
laUons, the latter bad a legal right to inflict.
In old conveyancing. Mode; manner;
tbe arrangement or expression of the terms
MODERATE SPEED. In admiralty
of a contract or conveyance.
law. As applied to a steam-vessel. " s u c b
Also a consideration; the consideration of
speed only is moderate as will permit the
a conveyance, technically expressed by the
steamer reasonably and effectually to avoid a
word " u t . "
collis ion by slackening speed, or by stopping
A qualificatio n , involving the idea of va­
aud reversing. within the distance at which
riance or departure from some general rule
an approaching vessel can ue seen." 35 Fed.
or form. either by way of rt:lstriction or en­
Rep . 609; 39 Fed. Rep. 480.
largement, according to the circumstances ot
-a particular case, the will of a donor, the par­
MODERATOR. A chairman or presi_
ticular agreement of parties, and the like.
dent of an assembly. A person appointed to
Burrill.
preside at a popular meeting. The presiding
officer of town-meetings in New England is In criminal pleading. The modus of an
so called. indictment is that part of it which contains
the narrative of the commission of the crime;
MODIATIO. In old English law. A the statement of the mode or manner in which
certain duty paid for every tierce of wine. the offense was committed. Tray. Lat. Max.
In ecolesiastical law. A peculiar man­
Modica circumstantia facti jus mutate
ner of tithing, growing out of custom.
A small circumstance attending an act may
change the law. M O D U S D E N O N DECIMANDO.
In ecclesiastical law. A custom or prescrip­
MODIFICATION. A change; an altera­ tion of entire exemption from the payment
tion which introduces new elements into the of tithes; this is. not valid, unless in the case
details. or cancels some of them, but leaves of abbey-lands.
the general purpose and effect of the subject­
matter intact.
Modus de non declmando non valet.
A modus (prescription) not to pay tithes is
U Modification" Is not exactly synonymous with
U amendment, " for the former term denotes some Toid. Lofft, 427; Cro. Eliz. 51 1 ; 2 Shars .Bl. •

minor change in the substance of the thing, with­ Comm. 31.

out reference to its Improvement or deterioration
thereby, while the latter word imports an ameli­ MODUS DECIMANDI. In ecclesias­
oration of the thing (as by cha.nging the phrase­ tical law. A manner of tithing; a partial ex­
ology of an instrument, so as to make it more dis­
emption from tithes. or a. pecuniary composi­
tinct or specific) without involving the idea. of a.ny
change in substance or essence. tion prescribed by immemorial usa ge, and of
reasonable amount; for it will be invalid as
In Scotoh law. The term usually ap­
a rank modus if greater than the value of
plied to tbe decree of the teind court, award­
the tithes in the time- of Hichard I. Slim.
ing a suitable stipend to the minister of 8
Law Gloss.
parish. Bell.
Modus et conventio vincunt legem.
MODIFY. To alter; to change in inci­ Custom and agreement overrnle 1aw. Thill
dental or subordiuate feature
•• maxim forms one of tbe firs t princlples reI·
ative to the law of contracts. The excep­
MODIUS. A measure, usually a bushel. tions to the rule bere laid dowD are in cases
 MODUS HABILIS 784 MONASTICON

against public policy, morality. etc. 2 Coke, MOLESTATION. In Scotch law. A

73; Broom, Max. 689, 691-595. possessory action calculated for continuing
proprietors of landed estates in the lawful
MODUS HABILIS. A valid manner.
possession of them till the point of right ue
Modus legem dat donationi. Onstom determined against all who shall attempt to
gives law to the gift. Co. Li tt. 19; BrooIn, distutb their possession. It 1S chieOy used
Max. 459. in questIOns of comlQonty or of controverted
marches_ Ersk. lost. 4, 1. 4B.
MOD US LEVANDI FINES. Tbe
manner of levying fines. The title of a short MOLITURA. The toll or multure paid
statute in French passed in the eighteenth for grinding COfD at a mill . Jacob.
year of Ed ward I. 2 Inst. 510; 2 Bl. Comm.
MOLITURA LIBERA. Free grinding;
349.
a liberty to have a mill without paying tollJ
MODUS TENENDI. The manner of to the lord. Jacob.
boldingi i. e., t.he different species of tenures
MOLLITER MANUS IMPOSUIT. Lat.
by which estatt:9 are held.
He gently laid hands upon. Formal word!
M O DU S TRANSFERRENDI. The in lhe old Latin pleas in actions at trespass
manner ot transferring. and assault where a defendant. j ustified lay·
ing hands upon lhe plaintiff, as where it was
M O D U S VACANDI. The manner of
done to keep the peace, etc. The phrase is
vacating. How and why an estate has been
literally translated in the modern precedents,
relinquislled or surrendered by a vassal to his
and the original is retailled as the nam e of
lord might well be referred to by this phrase.
the plea in such cases. 3 Bl. Comm. 21j 1
See Tray. Lat. Max. s. v.
Chit. Pl. 501, 502; Id. 1071.
MOEBLE. L. Fr. Movable. Bienl MOLMUTIAN LAWS. The law. of
moeblu, movable goods. Britt. c. 11.
Dunvallo Molmutius, a legendary or myth.
MOERDA. Tho secret killing of nnother ; ical king of the Britons, who is su pposed to
murder. 4, Bl. ComIn. 194. lmve begun bis reign about 400 B. O. These
la ws were famous in the land till the Con­
MO]'USSIL. In Hindu law. Separated;
quest. Tomlins; Moziey & Whitley.
particularized i the subordinate divisions of a
district in contradisUnction to Sadder or MOMENTUM. In tbe civil law. AD
Bu(lder, which implies the cbief seat of gov­ instant; an indivisible portion at time. Cal.
ernment. ·Wharton. vin.
A portion of time that might be measured;
MOHAMMEDAN LAW. A system
a division or subdiviAion of an hour; an­
of native law prevailing amung the Moham­
swering in some degree to the modern mIn.­
medans in Iudla. amI administertid there by
ute, but of longer duration. Calvin.
the BritIsh government.
MONACHISM. The state ot monka.
MOHATRA. In French law. A trans­
action covering a fraudulent device to evade MONARCHY. A government in whicb
the laws against usury. the supreme po\yer is vested in a single per­
It tHkes place where an individual buys son. Where a monarch is invested with ab­
merchandise from another on 8 credit at a solute power, the mon.
l rchy is termed " des·
high price, to sell it immediately to the first potic;" wbere the supreme power is virtual·
seUer, 01' to a third person who acts as his ly in the laws, though the majesty of gov­
agent, at a much less price for cash. 16 ernment and the admin istration are vested
Toullier, no. 44. in a single person, it is a "lim ited" or
"constitutional" monarchy. It is hereditary
MOIDORE. A gold coin of Portugal,
where the regal power descends immedilltely
valued at twenty-se vell English Shillings.
from the possessor to the next beir by blood,
MOIETY. The balf of anything. Joint as in Enghmd ; or elective, as was formerly
tenants are said to hold by moieties. Litt. the case in Pohmd. Wharton.
125; S C. B. 274, 283.
MONASTERIUM. A monMtery ; a

MOLENDINUM. In old records. A churcb. Spelman.

mill.
MONASTIC ON. A book giving an no­
MbLENDUM. A grist; a certain quan· count of monasteries, con \'ents, und rt:!1iglOus
tity of corn sent to a mill to be ground. houses.
 MON ETA 7S5 :MONEY ORDER

MONETA. Money. (q • •. ) MONEY CLAIMS. [n llngllsh prac­

Moneta est justum medIum at mansu­
ta. rerum commutabilium. nam per me·
diu m monetoo fit omnium rerum con­
veniens et justa restimatio. Dav. Ir. K.
B. 18. Money is the just medium and meas..
ore at commutable things, for uythemedium
of money a convenient and just estimation
of all things is made.
MONETAGIUM. Mintage, or the right
of coining money. Cowell. Hence. ancient­
ly. a tribute payab le to a lord who had the
prerogative of coining money, by bis ten­
ants. in consideration of his refraining from
cbunging the COinage.
Mone-:;andi jus c omprehenditur in re­
ga.libus qure n un quam a regio sceptr�
abdioantur. The right of coining money is
comprehe-adtJd among those royal prerogati ves
wh i ch are never relinquished by the royal
scepter. Dav. Ir. K. B. IS.
MONZY. .A general, indefinite term for
tice. Under the judicature act of 1875, claims
for the price of goods sold, for money lent,
for arrears of rent, etc., and other claims
where money is direcLly payable on a con-:
tract express or im plied . as opposed to the
cases where money is claimed by way of dam­
ages for some independent wrong, whether
by breach of contract or otherwise. These
" money claims" correspond very nearly to
the " money counts" hitherto in use. Mozley
& Whitley.
MONEY COUNTS. In pleading. A
species of common counts, so called from the
subject-matter of them ; embracing the in­
debitatus assumpsit count for money lent
and advanced, for money paid and expended,
and for money had and received, together
with the insim.ul computassent count, or
count for money due on an account stated.
1 Burrill, Pro 132.
MONEY DEMAND. A claim for a fixed
and liqnidated amount of money, or for a

the measnre and representative of value; su m which can ue ascertained by mere cal­
eurl'eney � the circulating medium; cash. culation; i n this sense, distinguished from a
.. !!.Ioney " is a generic term, and embraces claim which must be passed upon and liqui­
every description of coin or bank·notes rec· dated by a jury, caUed " damages. "
ognized by common consen t as a representa·
MONEY HAD AND REOEIVED. In
tlv� of value in effecting eXChanges of prop·
pleading. The technical d esignation of a
ert, or pay",ent of debts. 5 Humpb. 140.
form of declaration in assumpsit, wherein
Money is used in Q specific and also in a. general
an�l more compI'ebansive sense. In its specific
the plai ntiff declares that the defendant had
sens�, it IDtla.'18 what is coined or stamp ed by pub- and received certain money, etc.
11e authorit.YI and bas its determinate value fixed
by gcve:rumen�s. In its more comprehensive and MONEY JUDGMENT. One which ad­
genet1l.\ "'>�n�e, Hmeans wcaltb,-tbe representati vo judges the payment of a sum of money, as
of com.·nodtt,ie� of all kinds, of lands, and of every­ disti nguished from one directing an act to be
thi.nK thf,t C<ln be trans ferred in commerce. 31
done or property to be restored or transferred.
Te�. 10.
III its strict technica.l sens,), "money" means MONEY LAND. .A. phrase descriptive
coineJ metAl, usunl1y gold or sUver, upon which
of money which is held upon a trust to can·
th6 gOrp-rnmAnt stamp has been impressed to indi�
cate its va!ul". In its more popular sense! "money"
vert it into land.
meall't any currency, tokens, bank-notes, or other
MONEY LENT. In pleading. The
circulat'iug medium in general use as the repre­
&enmU".. of value. 45 Tex. 805.
technical name of a declaration in an action
The term "moneys" is not of more extensive sig­ of assu.mpsit for 't hat the defendant promised
nif:ication thllD "' money, " and means only cash, to pay the plain Liff for money lent.
and Dot things in action. 14 Johns. 1 ; 1 Johns.
Ch. 2S�.. MONEY MADE. The return made hy a
sheriff to n writ of execution, signifying that
MONEY ..BILL. I n parliamentary lan�
be has collected the Bum of money required
guage, an act by which reve nue is directed
by the writ.
to be raised. for any purpose or in any shape
W{1f.�3veVer, either for gove rnm ental pur­ MONEY OF ADIEU. In French law.
posos , and collected from the whole people Earnest money; so called beca use gi ven at
genflral1y, or for the benefit of a particular p arting in completion of the bargain. .d.r1·hes
di��riet, and collected in that district, or for is the uBual Frencll word for earnest money ·
ma!ri.ng appropriations. "money of adieu It is 8 provincialism found
in the province of Orleans. .Path . Cont. 507;
MONEY-BROKEB. � money-changer;
a scriven er or jobber; one who lends or raises MONEY ORDER. Under t�e postal
money to or for others. regula.tions of the United SLates, a money
A..M.DICT.LA..w-50
 MONEY-OlmER OFFICE 786 MONOPOLY

ordel fa 8 species of draft dra wn by one post­ The monition, In American admiralty practice,

office upon another for an amount of money
deposited at the first office by t�le person pur�
chasing the money order, and payable at the
second office to 8 payee named in the order.
is, in effect, a summons, citation, or notice, though
in form a command to the marshal to eite and ad·
monish the defendant to appear and answer, and
not 8. summons o.ddl'essed to the party. � Cook.
Adm, (2d Ed.) 147.

MONEY-ORDER OFFICE. One ot MONITORY LETTERS. Communica­

the post-offices authorized to draw or pay tions of warning and admonition sent from

money orders. an ecclesiastical judge. upon information of

scandal and abuses within the cognizance of
MONEY PAID. In pleading. The tech­ bis court.
nical name of a declaration in assumpsit, in
MONOCRACY. A government by one
which the plaintiff declares for money paid
person.
for the use of the defendant.
MONOCRAT. A monarch who govern.
MONEYED CAPITAL. Thi. term hao
alone; an absolute governor.
a more l i mited meaning than the term II per�

80nal property." and applies to such capital l\10NOGAMY. The marriage of one
88 i8 readi ly solvable in money. 28 Fed. wife only. or the state of such aa are re­
Rep. 776. strained to a single wife. Webster.
A marriage contracted between one man
MONEYED CORPORATION. A cor­
and one woman, in exclusion of all the rest
poration having the power to make loans up­ of mankind. The term is used in opposition
on pledges or deposita, or authdrized by law to " bigamy" and " polygamy." Wolff, Dr.
to make iIlBurance. 2 Re v. St. N. Y. ( 7th de la Nat. 857.
§
Ed.) 1371.
MONO GRAM. A character or Cipher
MONGER. A dealer or .eller. It is .el­ composed of one or more letters interwoven.
dam or never used alone, or otherwise than being an abbreviation of a name.
after the name of any commodity, to express
MONO GRAPH. A special treatiEe upon
a seller of such commodity.
R particular subject of limited range; a trea·
MONIERS, or MONEYEERS. MinIs­ tise or commentary upon a particular branch
ters of the mint; also bankera. Cowell. or division of a general subject.

MONIMENT. A.. memorl al, luperscrip­ MONOMACHY. A duel; a .ingle com­

tionJ or record. bat.
It was anciently allowed by law for the
MONITION. In practice. A monition
trial or proof of crimes. It was even per­
Is a formal order of the court commanding
mitted in pecuniary causes, but it is now for­
something to be done by the person to whom
bidden both by the civil law and canon laws.
it is directed, and who is called the "person
monished." Thus, when money is decreed MONOMANIA. In medical j urispru­
to be paid, a monition may be obtained com­ dence. Derangement of a single faculty of
manding its payment. In ecclesiastical pro­ the mind, or with regard to a particular BUb-.
cedure. a monition is an order monishing or ject, the other faculties being in regular ex­
warning the party complained against to do ercise.
or not to do a certain act " under pain of
Monopolia dicitur, cum unus BoluB
II
the law and contempt thereof. A monition aliqnod genus mercaturoo universum
may also be appended to a sentence inflicting
emit, pretium ad suum libitum statuens.
a punishment for a past offense; in that case
11 Coke, 86. It i• •ald to be • monopoly
the monitIon forbids the repetition of the
when one person alone buys np the whole ot
offense. Sweet.
one kind of commodity. fixing a price at hi.
In admiralty pr acti ce. -rhe summons own pleasure.
to appear and answer, issued on filing the
MONOPOLIUM. The sole power, right,
libel; which is either a simple monition 'in
or privilege of 8ale; monopoly ; a monopoly.
pe?'sona.m or an attachment and monition
Calvin.
in ,·em. Ben. Adm. 228, 239. It Is 80me­
times termed Ilmonition viis et modis, " and MONOPOLY. In commercial law. A
has been supposeu to be derived from the old privilege or peculiar advantage vested in one
ROlDan practice of summoning a defendant. or more persons or companies, conSisting in
10 Wbeat. 490. the exclusi'16 right (or power) to carry on a
 MONOPOLY 787 MOOT

particular business or trade, manufacture a according as one or another of the followinl

particu lar article. or control the sale of the
whole supply or a particular commodity.
Defined in English law to be "a lic(JDse or
privilege allowed by the king for the 80le
buying and selling, m aking working or
. .
ins of anything whatsoeverj whereby the
. the months i n the Gregorian calendar,-J.m·
subject in general is restrained from that lib­
varieties of months is intended :
Astronomical, containing one-twelfth of the
time occnpied by the sun in passing through
the enti re zodiac.
US� Calendar, civil. or solar, which is one ot
uary, February March, etc.,-wbich are of
.

erty of manufacturing or trading which be unequal length.

had before." 4 BI. Comm. 159; 4 S teph. Luna'r, being the period of one revol ution
Comm. 291. of the moon, or twenty-eigilt days.

MONSTER. A prodigious birth ; a bu­ MONUMENT. Anything by which tbo

Ulao birth or offspring not having the sbape memory of a person or an event is preserved
of mankind; which cannot be heIr t o any or perpetuated . A tomb where a dead body
land, albeit it be bro ught forth in marriage. has been deposited.
Bract. fol. 5; Co. Litt. 7, 8; 2 BI. Coill m .
Monumenta qUIB nos recorda vooamus
246.
aunt veritatis et vetustatia vestigia. Co.
MONSTRANS DE DROIT. L. Fr. In Litt. 118. Monuments, which we call "rec­
English Jaw. .A. showing or manifesta­ ords," are the vestiges of truth and antiq·
tion of right; one of the cOlDmon law meth­ uity.
ods of obtaining possession or restitution
MONUMENTS. Permanent landmarb
from the crown, of either teal or perso nal
established for the purpose of indicating
property. It is the proper proceeding wben
boundaries.
the right of the party, as well as the right of
the crown, appears upon record, and consists MONYA. In Norman law. Moneyage.
in putting in a claim of right grounded on A tax or tribute of one Shilling on every
faets al l eady acknowledged and established,
'
hearth, payable to t.he duke every three years.
and pmying the judgment of the court in consideration that he should not alter the
whether upon these facts the king or the sub ·
coin. Hale, Com . Law, 148, and note.
ject bas tbe right. 3 BI. Comm. 256; 4< MOOKTAR. In Hindu law. An agent
Coke, Mb. or attorney.

MONSTRANS DE FAITS. L. Fr. In MOOKTARNAMA. In Hindu law. A

old English practice. A showing of deeds; written authority constituting an agent ; a
a speciEll of profert. CowelJ. pewer of attorney.

MONSTRAVERUNT, WRIT OF. In MOOR. An o fficer In the Isle of Man,

English law. A. writ which lies for the who summons the courts for the several
tenants of ancient demesne wilo hold by free sheadings . The office is similar to the En­
charter, and not for those tenants who hold glish bailiff of a hundred.
by copy af court roll, or by the rod accord·
MOORAGE. A s u m due by lawor usage
.

ing to tlle custom of the manor Fitzh. Nat.

for mooring or fastening of ships to tretlS or
.

Brev. 14.
posts at the shore, or to a wharf. 8 Bland,
MONSTRUM. A box in which relics 373.
are kept ; a130 a muster of soldiers. Cowell. MOORING. In maritime law. Anchor.
tng or m aking fast to the sho re or dock; the
MONTES. In Spanish law. Forests or
securing or confi ning a vessel in a particular
woods. White, New Recap. b. 2, tit. 1, c. 6,
station , as by cables nnd anchors or by a line
§ 1.
or ch ai n run to the wharf. A. ve!isel is
M O N T E S PIETATIS. Public pawn_ "moored ill safety,U within the meaning of
braking establishments; institutions estab­ a policy of marine insurance, when she ill
lished by gov eru ment. in some European th us moored t-o a wharf or dock, free from
countries, for lending small suma of money any i m mediate danger from any of the peril.
on pledges of personal property. In France insured against. See 1 Phil. Ins. 968.
they are culled " m,u.,.tli de platA."
MOOTJ adj. A. subj ect for argumentj
MONTH. One of the divisions of a year. unsettled j undecided. As a moot case, I
The space of time denoted by this term varies moot point..
 MOOT 788 MORATUR IN LEGE

Moots are dorf that, "when we declare such a thing 00 be

MOOT. n. In English la w.
mora.lly certain, because it has been confirmed by
exercises in plead ing. and in argui ng doubt­
credible wiinesses, this moral certitude le nothing
ful cases and questions, by the stu dents of else but a strong presumption grounded on probable
an inn of court before the bencbers of the inD. reasons, and which very seldom faUs and deceives
Sweet. us. " "Probable evidence, " says Bishop Butler, in
the opening sentence of his Analogy, lOis essen·
MOOT COURT. A court beld for tbe tially distInguished from demonstrative by this :
arg uing of moot cases or questions. that it admits of degrees, find of all variety ot them,
from the highest moral certainty to the very low
MOOT HALL. Tbe place wbere moot est presumption. " 118 Mass. 2S.

cases were arg u ed. Also a council-chamber,

MORAL EVIDENCE. A. opposed to
hall of jUdgment. or tcwn-ball.
'�mathematical" or 44demonstrative" evi­
MOOT HILL. Hill of meeting. (flemot.) dence, this term denotes that kind ot en·
on which the Britons used to hold their dence which, without d evelopin g an absolute
courts. the judge sitting on the eminence; and necessary certainty, generates a high de­
the parti es. etc., on an elevated platform be-­ gree of probabil ity or persua sive force. Itis
low. Ene. Lond. founded upon analogy or induction, experi­
ence of the ordinary course of nat ure or the
MOOT MAN. One of those who ll sed to
seq uence of eveDt�, and the testimony ot
arg ue the reader's cases in the inns of court.
men.
MOOTA CANUM. A pack of dogs.
MORAL FRAUD. Thill pbr..e I. one
Cowell.
of the less usual designations of. Uactuul" or
MOOTING. The exercise ot arguing "positive" fraud or Offraud in fact, " as dis-­
qu estions of law or equity, raised tor the tinguished from " constl'l1ctive" fraud or
purpose. See MOOT. "fraud in law." It means fraud which in­

MORA. Lat. In the civil law. Delay ;

volves actual g uilt, a wrongful purpose, or
default; neglect ; cu lpable delay or default. moral obliqu ity .
Calvin. MORAL INSANITY. In medical ju­

MORA. Sax. A moor; barren or un· rispr udence. A deran gemen t of the moral

profitable grou nd ; marsh; a beath; a watery system ; a morbid condition, in wl1ich tbe

bog or moor. Co. Litt. 5; Fleta. 1. 2. Co 71. pas sions, appetites, incl i nations, and moral
dispositions have escap ed from the control of
MORA MUSSA. A watery or boggy the will and the conscience, and are pervert.
moor; a morass.
ed to i m moral acts or uses, although the fac­
Mora reprobatur in lege. Delay is r�p- ulties of perception, reason , and jUdgment
robated in law. Jenk. Cent. p. 51. case 97. remain normal, or nearly 80 . and there is no
especial hallucination or illusion. Klepto­
. MORAL ACTIONS. Those only In
mania is an example of this condition.
which men have knowledge to guide them,
Incapacity, from disease, to control one's COD­
and a will to choose for themselves. Ruth.
duot according to one's knowledge; uncontrollable
lost. lib. 1. e. i. morbid impulse ; disability of t.he will to refrain
from wha.t one knows is wrong and punishable ; a
MORAL CERTAINTY. In the law of morbid perversion of the affections, inclinations,
crim i nal evidence. Thatdpgree of assurance and temper, independent of any disease or delusion
w Lich induces a man of sonnd mind to act, operating directly on the intellect.. Abbot.t..

without dou bt, upon the conclusion! to which

MORAL OBLIGATION. A duty whicb
it leads. Wi lls, Cire. Ev. 7.
is valid an d bin di ng in tbe forum of thecon�
A certainty tbat convinces and directs tbe
science. but is not recognized by the law as
understanding and satisfies the reason and
adequate to set �n motion the machinery ot
judgment of those who are bound to act con�
j ustice ; that is. one whicb rests upon ethical
scientiously upon it.
considerations alone. and is not imposed or
A high degree of impression of the tr uth
enforced by positi ve law.
of a fact, falling short of absolute certainty.
but sufficient to j ustify a verdict of guilty. MORANDlE SOLUTIONIS CAUSA..
even in a capi tal case. See Burrill. Circ. Ev. Lat. For the purpose of delaying or post­

19B-200. poning pay ment or performance.

'I
' be phrase "moral certainty " has been intro­ MORATUR IN LEGE. L't. ne d..
duced into our jurisprudence from the publicists
lays in law. The phrase describes the al)­
and metapuysicians, aud signilies only a v�ry high
degree of pr'lbll.biUty. It. waa observed by Pufen+ tion of one who demurs, because the partl
 MORAVIANS 789 MORTGAGE

does not proceed in pleadi ng but rests 01'

. time and exposed to view, to the end that
abides upon the j utl gmellt of the cOllrt on a their friends may identify them.

certain pOint. as to the legal sufficiency of MORMONISM. A social and religious

his opponent's p leading The court deliber­
.
system prevailing in the territory of Utah. a
ate and determine thereupon. d!stinctive fe:;tture of which is the practice of
MORAVIANS. Otberwise caUed I' Herm· . polygamy. These plural marriages are not
huttersU or "United Brethren." A sect of recogni zed by Ia w. but are indictable offenses
Christians whose social polity is particular under the statutes of the United States and
and conspicuous. It sprung up in Moravia of Utah.
and Bohemia, on the ope ni ng of t hat reforma­
MORS. Lat. Death .

tion whicb stripped the chair of St. Peter of

so mallY votaries. and gave birlh to so many M 0 r 8 dicitur ultimum 8upplicium.
denominations of Christians. They give ev­ Death is called the "last punishment." the
idence aD their solemn affirmation. 2 Steph. " extremity of punishment." 3 lnst. 212.
Com lll . 33:5n. Mol'S omnia solvit. Death dissolves al I
MORBUS SONTICUS. Lat. In tI,e thi ngs. Jank. Cent. p. 160. case 2. Applied
civil la w . A sickness wbich rendered a man to the case of the death of a party to an ac�
incapable of attending to business. tion.

MORE COLONICO. Lat. In old M O R S E L L U M, or MORSELLUS,

pl e adin g. In busband-like m anne r. Townsb. TERRlE. In old English law. .A small

PI. 19�. parcel or bit o f land.

This ph rase insert· MORT CIVILE. In French law. Civil

MORE OR LESS. .

death. as upon conviction for fel ony. !twas

ed in a conveyance of laud immedi ate-Iy aft·
er the sta tement of the qu an tity of land con­ nomin ally abolished by a law of the 31st of

veyed, meallS that s uch statement is not to

May, 1854. but s om ethi ng very similar to it,
in effect at least, still remains. Thus. the
be taken as a warranty of the qu a n ti ty, but
only an app roxi m a te estimate. Hnd that t he property of the condemned, possessed by him
at the date of his convi ct i o n goes and be­
tract or parcel described is to pass, without
,

regard to an excess or deficiency in the quan­ longs to his suc �essors, (hGTitie1's , ) as i n case
of an i ntestacy ; and his future acq u i red prup�
tity it actually con tai ns .
erty goes to the state by right of its preroga�
MORGANATIC MARRIAGE. T he tive, (par droit de deshe1·ence.) but the state
lawful and inseparable conjunction of a man. may. as a matter of grace. make it over in
of noble or illustrious birth, with a woman of whole or in part to the widow and children.
inferior station, upon condition that neitller Brown.
the wife nor her children shall partake of the
MORT D'ANCESTOR. An ancient
tities, arms, or digni ty of the husband. o r
and now almost obsolete remedy in the En�
succeed to hi s inheritance. b u t b e contented
glisb law. An assize of mort d'ancesto1' was
with a certain allowed rank as sig ned to them
a writ which lay for a person \" hose ances­
by the morganatic contract. But since these
tor died seised of lands in fee�simple. and
restrictions relate only to the rank of the
after his death a stran g er auated; and this
parties and succession to property. without
writ directed tho sheriff to summon a jnry or
ntIect.i n g tbe nature of a matri monial en­
assize, who sh ou ld view the land in question
gagement. it must ue considered as a just
and recog ni ze \\i hetllcr such ancestor were
marriage. The marriage ceremony was reg­
seised thereof on the day of his death, and
u larly performed ; the union was indIssolu­
whether tIle demandant were the next heir.
ble ; tlle children legitimate. "\Yhartou.
MORTALITY. This word, i n its oreli·
MORGANGINA, or MORGANGIVA.
nary sense. never mt'<lnB violent death, but
A gift on the morning after th e weddi ng ;
death aris i n g from natural causes. 5 Barn.
dowry; the husuand's gift to h i s wife on the
& Ald. no; 3 Barn. & C. 793.
day ufLer the wedd i ng . Du Cang e ; Cowell.
MORTGAGE. A n estnte creaLed by a
MORGEN. Angl o Dutch . In old New
conveyance absolute in ita form, but illtended
-

York law. .A measure of land , equal to

to secure the performance of some act, such
about two acres.
as the payment of money, and the like, by the
MORGUE. .A. place whE're the bodies of g ra n tor or some o,t her person, and to become
persons found dead are kept fol' a limited , void if tile act is perfo rmed agreeably to tbe
 MORTGAGE 790 MORTUARY TABLES

terms prescribed at the time of making such MORTGAGOR- H. that give. a mort.
conveyance. 1 Washb. H.eal Prop. *475. gage.
A conditional conveyance of land, designed
MaRTH. Sax. Murder, answering ex..
88 a security for the payment of monoy, the
actlyto the French " assassinat" or "muert"
fulfillment or 80me contract. or the perform.
de guet -apens."
ance of some act. and to be void upon such
paym('nt, fulfillment, or performance. 44 MORTHLAGA. A murderer. CowelL
Me. 299.
MORTHLAGE. Murder. Cowell.
A debt by specialty • • ecured by a pledge of
lands, of which the legal o wnership is vested MORTIFICATION. In Scotch law. A
in the creditor. but of which. in equity, the term nearly synonymous with Ie mortmain."
debtor and those claiming under him remain Bell. J�ands are said to be mortified for I
the actual owners, until debarred by judicial charitable purpose.
sentence or their own lacbes. Coole. MOl'tg. 1. MORTIS CAUSA. Lat. By reason of
Mortgage is a right grunted to the creditor death; i n contemplation of death. Thus used.
ovor the property of the debtor for the secu­ in the phrase .. Donatto
. mortis causa, to
rity of his debt, and gives him the power of (g. 0.)
baving the property seized and sold in de­
Mortis momentum est ultimum vitm
fault of payment. Civil Code La. art. 3278.
Mortgage ie a contract by which specific momentum. The last moment of life is the
mODl�ut ot death. 4 Brad!. 245. 250.
property is hypothecated for the performance
of an act, without the necessity of a change MORTMAIN. .A. term applied to denote
of possess ion. Civll Code Cal. � 2920. the alienation of lands or tenements to any
In the law of Louisiana. The con­ corporation, sole or aggregate, ecclesiastical
ventional mortgage is a contract by which or temporal. These purchases having been
a person binds lhe whole of his propeTty, chiefly made by religious houses, In conse­
or a portion of it only. in favor of another, quence of which lands became perpetnally
to seCllre the execution of Bome engagement, inherent i n one dead hand. tilts bas occa­
but without divesting bim3elf of the posses­ sioned the general appellation of " mortmain"
sion. Civil Code La. art. 3290. to be applied to such alienations. 2 Bl.
'fhe judicial mortgage is that resulting Comm. 26�; Co. Litt. 2b.
from judgments (whether these be rendered
MORTMAIN ACTS_ Theee act. had for
on contested cases or by d�fault. or whether
their object to prevent lands getting into the
they be final or provisional) in favor of the
possession or control of rllligious corpora·
person obtaining them. Civil Code La. art.
tions, or, as the name indicates, in mortua
332 l .
mauu. After n umerous prior acts elating
The la.w o.lono i n certain eaSel! gives to the
from the reign of Edward 1., it was enacted
creditor a mortgage on the property of his
by the .tatute 9 Geo. II. c. 36. (called the
debtor, without iL being requisite that the
" Mortmain Act" par ex.cell8'1we, ) that no
parlies should stipulate it. This is called
lands should be given to charities unless cer­
''If'gal mortgage." It is called also U tacit
tain requisites should be observed. Brown.
mortgage. " because it is established by the
law without the aid of any agreement. Civil MORTUARY. In ecclesiasLical law. A
Code La. art. 3311. burial-place. A kind of ecclesiastical heriot.
being a customary gift of the second best
MORTGAGE OF GOODS. A convey­ living animal belonging to tbe deceased.
ance of goods in gage or mortgage by which claimed by and due to the minister in many
the whole legal tille passes conditionally to parislles, on the death of bls parishioners.
the mortgagee ; and, if the goous are not re­ whetber buried in tbe cburch-yard or not.
deemed at the time stipulated, the title b� 2 BI. Comm. 425.
comes absolute in law, although equity will It bas been sometimes used in 8 civil as
illteriel'tl to compel a redemption. It is dis­ well as in an ecclesiastical sense, and ap·
tinguished from a " pledge " by the circum­ plied to a payment to the lord of the fee.
stance that possession by Lhe mortgagee is not Paroch. Antiq. 470.
or may not be essential to create or to support
'he title. Story. Bailm . § 287. MORTUARY TABLES. Table. for ...
timating the probable duration of the life
MORTGAGEE. He that takes or .. of a party at • given age. 67 CaI_ 16, 6 Pac.
..Iv... . mortgage. Rep. 871 •
 MORTUUM VADIUM 791 MOVE

MORTUUM VADIUM. A dead pledge; MOTION FOR JUDGMENT. In En.

a mortgage. (q. 0. ,' ) a pledge where the profita glish practice. A proceeding whereby a
or rents ot the thing pledged are not applied party t o all action moves tor the judgmenl
to the payment at the debt. of t he COllrt in his favor. See Sup. Ct. Hules
1883. ord. 40.
MORTUUS. Dead. So in sheriff's re­
turn, mortuu. est, he is dead. MOTION TO SET ASIDE JUDG·
MENT. This is 1\ step taken by a party in
MortuuB exitus non est exitus. A
an action who is dissatisfied with the judg­
dead issue Is no issue. Co. Litt. 29. A cbild ment directed to be entered at the trial of the
born dead is not 90nsidered as issue.
action.
Mos retinendus est fldelissimre vetus­ MOTIVE. The inducement, cause, or
tatis. 4 Coke, 78. .A. c ustom of the truest reason why 8 thing is done. An }lct legal in
antiquity is to be retained. itself, and which violates no righ t. is not
action able on account of the motive which
M O ST R E N C O S . In Spanish law.
actuated it. 5 Amer. Law Reg. (0. S.) 528.
Strayed goods j estrays. White, New Recap.
b. 2, tit. 2. e. 6. MOTU PROPRIO. Lat. Ot hi. own
MOTE. Sax. A meeting ; an assembly. motion. The commencing words of a certain
Used in composition, as wrgmote, folkmote, kind of papal rescript.
etc.
MOURNING. The dress or apparel worn
MOTE-BELL. The bell which was used by mo urn ers at a f u neral and for a time aft.
by t he Saxons to sum mon people to the court. erwards. Also the expenses paid for such
Cowell. apparel.

MOTEER. A. cl1stomary sorvice or pay· MOVABLE. That which can be changed

men t at the mote or court of the lord, from in place, aa movable property ; or in time, 88
which some were exempted by charter or movable feasts or Lerms of court.
privilege. Cowell.
MOVABLES. Things movabl e ; mova­
MOTHER. A woman who has borne a ble or personal chattels, which may be an­
child; 8 female parent ; correlative to "son" nexed to or attendant on the person of the
or "daughter." ow ner, and carried about with him from one
part of t he world to another. 2 Bl. Carom.
MOTHER·IN·LAW. Tbe mother at
3H7. JJfo'Oables cons i st-.--First. of inunilllatft
one's wife or of oue's husband.
tbings . as gOOds. plate, money. jewels. im·
MOTION. In practice. An occ asional plements of war, garments, and thu like. or
application to a COllrt by the part ies or their vegetable productions, as the fruit or othel
cOllDsel, in order to obtain some rule or order, parts of a pla nt when severed from the body
wlJich becom es necessary either in the prog� of it, or the whole plant itself when severed
ross of a cause, or summarily nnd wholly un� from the grou nd ; secondlY/, of animals, which
connected with plenary proceedings . have in themselves a principle and power of
A moti on is a written application for an motion . 2 Steph. Comm. 67.
order addressed to the court or to a judge in In the civil law. Movables (mobilia,)
vacation by any party t o a 8 ui t or proceeding, properly denoted inanimate things ; a n imals
or by aoy one interested therein. Rev. Code being distinguished asmo'Ventia, things mov·
Iowa 1880. § 2911; Code N. Y. § 401. ing. Calvin.
In parliamenta.ry law. The formal In Scotch la.w. " Movables " are opposed
mode in w h ich a member submits a proposed to" heri tage. " So that every species of prop·
measure or resolve for the consideration and erty, and every right a man can bold, is by
action vI the meeting . that law either heritable or movable. Bell.

MOTION FOR DECREE. Under the MOVE. 1. 'fa make an application to a

chan cery practice, the most usual mode of court for a rule or order.
bringing on a snit for bearing when the dAo 2. To propose a resolution. or recommend
fendant haa answered is by motion for de­ action in 8 deliberati ve body.
cree. To do this the plnintitr serves on t he 3. To pass over; to be transferred ; 81
defendant a notice of his intention to move when the consideration of a contract is saId
for a decree. Hunter, Suit Eq. 59; Daniell, to " move" from one party to the other.
Ch. Pro 722. 4. TooccasioDj to contributetoi to ten� ...
 MOVENT 792 MULTIPLEX. ETC.

lead to. The forewheel of a wagon was said Multa fidem promissa levant. Many
;, to mom to the death of a man. OJ Sayer, promises lessen confidence. 11 Cush. 350.
249.
Multa ignoramus qure nobis non late­
MOVENT. One who moves; ODe who rent si veterum lectio nobis fuit fa.mili­
makes a motion before a court; the applicant aria. 10 Coke, 73. \Ve are ignorant or
for R rule or order. many things which would not be hidden
from us if the reading of old authors was fa,..
MOVING FOR AN ARGUMENT.
miliar to us.
Making a motion on a day which is not mo-­
tioo day, in virtue of having argued a special Mults. in jure communi contra ratio­
case; used in the exchequer after it became nem diaputandi. pro communi utilits.te
obsolete in the queen's bench. Wharton. introducta. sunt. Many things have beeD
introduced into the common law, with a view
MUEBLES. In Spanish law. Mova·
to the puulic good, which are inconsistent
bles t all sorts of personal property. 'White,
with sound reason. Co. Litt. 70b,' Broom,
New Recop. b. 1. tit. 3. c. 1. § 2.
Max. 158.
MUIRBURN. In Scotch law. The of·
M u 1 t B m u 1 t 0 exercitatione faellinl
fense of sett.ing fire to a muir or moor. 1
quam regulia percipies. 4 lost. 50. You
Brown. Ch. 78. 116.
will perceive many things much more easily
MULATTO. A mulatto is defined to be by practice than by rules •

.. a persoll that Is the offspring of a negress

Multa n o n vetst lex, qum tamen taoite
by a white man, or of a white woman by a
damnavit. 'l' he law forbids not many
negro. " 18 Ala. 276.
things which yet it has silently condemned.
,
MULCT. A penalty or punishment i m­
Multa transeunt cum universitate qum
posed o n a person guilty of sOlUe offense, tort,
non per se transeunt. Many things pass
or misdemeanor, usually a pecuniary fine or
with the whole which do not pass separately.
condemnation in damages.
Co. Litt. 12a.
Mulcta damnum famre non irrogat.
M u 1t i multa, nomo omnia novit. 4
Cod. 1. 54. A tina does not i n vol VI:! loss of
lost. 348. Many men have known many
character.
things; no one has known everything.
MULIER. Lat. (1) A woma n ; (2) •
MULTIFARIOUSNESS. In equity
virgin; (3) a wife; (4) a legitimate child.
plead ing. The fallit ot improperly joining
1 Inst. 243.
1n ODe bill distinct and independent matters,
MULIER PUISNE. L. Fr. When a and thereby confounding them; as, for ex·
man bas a bastard son, and afterwards mar­ ample, the uniting ill one bill of several mat­
ries the mother, and by her has also a legiti­ ters perfectly distinct aull unCODnected
mate 80n, the elder son i s bastm'd eigm, and against one defendant, or the demand of sev.
the younger son is muller puisne. eml matters of a distinct and independent
MULIERATUS. A legitimate son. nature against several defl'ndants, in the
"llanvil. Bame bill. Story. Eq. Pl. § 271.

MULIERTY. In old English law. The MULTIPARTITE. Divided into many

�tate or condition of a mulier. or lawful is. or several parts.
,ue. Co. Litt. 352b. The opposite of bas­
MULTIPLE POINDING. In Scotch
Tardy. Blount.
law. Double distress; a name given to an
Multa conceduntur per obliquum qure action, corresponding to proceedings by way
non conceduntur de directo. Many of interpleader, which may be brought by a
things are allowed indirectly which are not person in possession of goods tlaimerl by dif­
allowed direclly. 6 Coke, 47. ferent persons pretending a right thereto,
calling the claimants and all others to settle
MULTA. or MULTURA EPISCOPI.
their claims. so that the party who sues may
A fine or final satisfaction, anciently giv�ll
be liable only " i n once and single payment."
to the king by the bishops, that they migllt
Bell.
have powe"r to make their wills, and that
they might have the probate of other Ulen's Multiplex et indistinctum puit con­
wills. and the gr<mting of administration. 2 fusionem; et qurestiones, quo simpU·
Illst. 291. ciores, eo lucidiorea. Hob. 335. Multi.
 MULTIPLICATA, ETC. 793 MUNI()!PAL BONDS

plicity and indistinctness prod uce confusion ; the body to n con t in uou sly cold a nd dry at­
and questions, the more simple they are, the mosphere. 15 Amer. & E ng. Enc. Law, 261.
more lucid.
MUMMING. Antic diversions in the
Multiplicata transgressione crescat Christmas holidays, suppressed in Queen
p canre inflictio. As transgress i on is multi­ Anne's tim e.
plied. the i nflic ti on of punishment should in­
MUND. In old English law. Peace�
crease. 2 lnst. 479. whence mundbryc, 8 l) reacb of the peace.
MULTIPLICITY. A state 01 being
MUNDBYRD, MUNDEBURDE. A
many. That quality of plead i ng which
a
receiving into favor and protectio n. Cowell.
involves a variety of matters or p articulars ;
undue variety. 2 Saunu. 410. A multi ply­ MUNDIUM. In old French law . .A tlib­
ing or incl'easing. Story, Eq. Pl . § 287. ute p aid by a church or monastery to their
seignorial avoues and vidames, as the price
MULTIPLICITY OF ACTIONS. A of prot ectingthem. Steph. Lee'. 236.
phrase descriptive of the state of affairs
where several different suits or actions are MUNERA. In the early ages of the feud­

brought upon the same issue. It is obviated al la w, this was the name given to ilIa grants

in equity by a biil of peace; in courts of law. of land made by a king or chieftain to his
followers, which were held by no certain
by a rule at court for the consolidation of
different actions. ten ure. but merely at the will of the lord.
Afterwa rds theybecRmB life-estates, and then
MULTITUDE. An assemblage of many hereditary, and were called first " bene fices , ,t­
people. According to Coke it is not a word and then "feuds. or See Wright, Ten. 19.
of very precise mea nin g ; for some authori­
ties hold that there must be at least ten per· MUNICEPS. In Roman law. A pro­
sons to make a multitude, while others main­ vincial person; a co untrym an . This was
tain. thaI, no definite nu mber is fixed by law. the designation of one born in the provinces
Co. Litt. 257. or in a city politically connected with Rome,
and who, baving become a Roman citizen,
Mnltitudinem decem faciunt . Co. Litt. was entitled to hold any offices at Rome ex­
257. Ten make a multitude. cept some of tbe highest. In the provinces

Multitudo errantiuID non pant errori the term seems to have been applied to the

patrooinum. The multitude of those who freemen of any city who were eligible to the
err fur nishes no countenance or excuse for m u nicipal offi ces . Calvin.

error. 11 Coke. 75a. It is no excuse for

MUNICIPAL. "Municipal" signifie8
error that it is entertained by numbers. that wllich belongs to a co rporation or a city.
Multitudo imperitorum perdit curiam.
The term includes the rules or laws by which

The great nn mber of unskillful practi tioners a particu la r district, community, or nation
is governed. It may also mean local, partic­
ruins a court. 2 lnst. 219.
ular, ind ependent. 43 .Ala. 598.
MULTO. In old records. A wether "Municipal, " in one of its meanings, is used in
sheep. opposition to "international, " and denotes that
which pertains or belongs properly to an individ­
Mult::> utiliUB est paneR idonea effun­ ual state or separate community. as distinguished
from that which is common to, or observed be­
dere quam multis inutilibus homines
tween, all nations. Thus, piracy i8 an "interna­
gravaxi. 4: Coke, 20. It is more useful to tional offense, " and is denounced by "interuational
pour forth H few useful things tllan to op­ law, " but smuggling is a "municipal ofl'ense, " and
press men with many useless things. cognizable by II municipal law. n

MULTURE. In Scotch law. The quan­ MUNICIPAL AID. A contribution or

tity of grain or meal payable' to the proprie­ ass is tance
granted by 8 m uni Cipal corpora­
tor of a mill, or to the multurel', bis tacks­ tion towa rd s the execution or progress ot
man, for manufacturing the corns. Ersk. Borne enterprise, undertaken by private par­
Inet. 2, 9, 19. ties, but likely to be of benefit to the munici­
pali ty ; e. g., a railroad.
MUMMIFICATION. In medical juris­
prude nce. A term appl ied to the complete MUNICIPAL BONDS. Negotiable
drying up of the botly. It iii the result of bo nds issued by a m u n icipal corporation, to
burial in a c1 ry, hot soil, or the exposure of secure its indebtednc'ss.
 MUNICIPAL CLAIMS 794 MURDER

MUNICIPAL CLAIMS. In Pe nns yl­ MUNICIPAL ORDINANCE . .A. law.

vania Jaw. Claims filed by a city against rul e, orordinance enacted or adopted. by a mu­
prope rty owners therei n, foc taxes, rates, nicip a l corporation.
levies, or ilssessm en ts for local im provements,
MUNICIPAL SECURITIES. The evi­
8uch as the cost ot grading. ptLving, or curb-­
dences of indebte(lness issued by cities. towns,
log the streets, or removing n uisances.
counties. towDships, school-districts . and
MUNICIPAL CORPORATION. A other such territorial divisions of a state..
pllblic corporation, created by government They afe of two general classes: (1) Munic­
for political purposes, and ha ving subordi· ipal warrants, orders, or certificntes ; (2)
nate and loca.l powers of legislation ; e. g .• a m unicipalnegotiable bonds. 15 Amer. &
county, town, c i ty, etc. 2 Kent, Corum. 275. Eng. Eno. Law. 1206.
An i ncorporation of persons, inhabitants of
a partictllar place, or connected with a partie· MUNICIPAL WARRANTS. A munIc­
ular district, enabling them to cond uct its ipal warrant or order is an instrument. gen­
local civil govemment. Glav. M u n . Corp. I. erally in the form of a bill of exchange.
drawn by an officer of a m u nicipali ty upon
In English law. A body of persons in a
its treasurer, d irecting him to pay an amount
town having the powers of acling as one per­
of money specified therein to the person
son, of bolding and trans m itting property,
and of regulating the government of the named or his order. or to bearer. 15 Amer,

town. Snch corporations existed in thechief & Eng. Ene. Law. 1206.
towns of England (as at other countries) MUNICIPALITY. A m unicipal corpo­
from very early ti mes, deriving their auth or­ ration; a city, town. borough. or incorporated
itj'from uinc!)rporating" charters gl'8nte(l by Vil lage. Also the body of officers. taken col�
the crown. Wharton. lectively. uelonging to a city.
MUNICIPAL CORPORATIONS
MUNICIPIUM. 10 Rom an law. A for­
ACT. In English la w. A genera l statute.
elgn town to which the freedom of the city
(5 & 6 Wm. IV. c. 76.) passed in 1835. prl>­ of H.ome was granted, and whose inhabitants
scribi ng general regulations for the incorpo­
bad the privilege of enjoying offices and
ration and government of boroughs.
hOllors there; a free town. Adams, I«>m.
MUNICIPAL COURTS. In the j udi­ Ant. 47. 77.
eia1 organization of several states, courts are
MUNIMENTS. The Instruments of
established under this name, whose territori­
wri ting and written evidences which the
al authority is confined to the city or com­
owner of la nds. possessions , or inheritances
mun ity in which they are erected. Such
ba�. by which be i s enabled to defend the
conrts usually have a criminal ju risdiction
title of his estate. Termes de la Ley ; S lost.
corresponding to that of a police court. and. 170.
i n some cases, POSSl'SS civil j urisdiction i n
small causes, M U N I M E N T - HOUSE, or MUNI.
MENT - R O O M . A house or room 01
MUNICIPAL LAW, in contradistinc­
strength, in cathedrals. collegiate churches,
tion to in ter national law, is the lawof a n in­ castles. colleges . pubUc buildings. etc., pur­
dividual state or nation. It is the rule or la w
posely made for keepi ng deeds, charters.
by which a pa rticular d hitriCt. commu nity.
wri tings. etc. 3 Inst. 170.
or nation is governed. 1 131. Comm. 44.
That w hi ch pertains solely to the citizens MUNUS. Lat. A gift; an office; a ben­
and inhabitants of a state, and is thus dislin­ efice or feud. A gladiutorial show or speD­
guishecl from political law, commercial law. tacle. Calvin . ; Du Cange.
and the law of nations. 'Vbarton.
MURAGE. A toll formerly levied In
MUNICIPAL LIEN. A lien or claim E n gland for repairing or building public
existing in favor of a municipal corporation walls.
against a property owner for his proportion­
MURDER. In criminal law. The will­
ate share of a public improvement, made by
ful killing of any subject whatever. with mal­
the m U !liripaJity, whereby his property i8
ice aforethought. whether the person slain
specially aDd individually beneLlLcd.
shall be an Englishman 01' a foreigner . Hawk.
MUNICIPAL OFFICER. An ofllcer P. C. b. 1. Q, 13. � 3. The ki llIng of any
belonging to a m 11 nicipality ; that i8, a city , person under the king'8 peace. with malice
town, or uorough. prepense or aforethought, eitber express, or
 MURDER 795 MUTATION UF LIBEL

implied by law. 1 Russ. Crime3. 421; 5 Cush.
a04. 'Vhen a person of sound mind and dis·
oretion uulawfully killetb any reasonable
creature in being. and under the king's peace,
with malice aforethought, either express 01'
Implied. 8 Inat. 47.
Murder is the unlawful kill in g of a human
being. witb malice aforethought. Pen .. Code
Cal. � 187.
Whoever kills any human being with mal­
ice aforethought. either express or impl ied.
Is guilty of murder. Rev. Code Io wa 1880,
§ 8848.
Murder 18 the unlawful killing of a h u man
bei ng. in the pe.1.ce of the state. by a pers on
of soun d memory and discretion, with malice
a.foretbought, eiLber expres� or im plied . Code
Ga. 1882, � 4320.
The killing of a human being. without the
authority of law, by any means, or in any
manner, shal1 be murder in t he foHowing
cases : 'Vhen done with deliiJerate design to
effect the death of the person killed, or of any
human bei ng ; when done in the commission
of an act eminenUy dangerous to otbers, and
evi n ci n g a. depraved h ea rt , regard less of hu­
the walla of a city or castle; their personal
service was commuted into murag8, (q. '0.)
Cowell.
MURTHRUM. In old Scotch la w. Mur.
ther 01' m order. Skene.
MUSEUM. A. buildIng or institution for
the cultivation of science or the exhibition
of curiosities or works of art.
The term "museum" embraces not only
col lecti ons of cUl'iosities for the entertai n­
ment of the sight, but also such as would in­
tert's t, amuse, and ill struct the mind. 6
Stew. & P. 109.
MUSSA. In old English law. A mos.
or marsh ground, or a place where sedges
grow; a pl ace overru n with moss. Cowell.
MUSTER. To assemble together troops
and their arms, w het her for inspection, drill,
or service in the field. To take recruits into
the service in the army and in scri be their
names on the muster·roll or official record.
S•• 8 Alle n , 498.
MUSTER·BOOK. A book In whicb tbe

man Ufe. although without any premeditated f orc es are regis te red. Termes de la Ley.

design to effect the death of any particular MUSTER·MASTER. One who au perln·
individual; when done without any design to tended the muster to prevent frauds. St. 35
effect death, by any person engaged i n the Eliz. c. 4.
commission of the crime of rape , burglary,
arson, or robbery, or in any aUel npt to com� MUSTER·ROLL. In maritima I. w. A
miL such felonies. Rev. Code 'Miss. 1880, list or account ota ship's company, required to
§ 2875. be l{ept by the master or otber person having
E ve ry homicide, perpetrated by pois on , ly� care of the sh ip. co ntaini ng the n am e', age,
lng in wait. or any other kind of willful. de­ national charncter, and quality of every per­
llberate, malicious, and premeditated killing; son e mployed in tbesbip. Abb. Sbipp. 191,
or committed in the perpetration of, 01' the 192; Jac. Sea La ws, 161.
attempt to perpetrate, any arson, rape, !'ob­
MUSTIZO. A name given to the issue
bery, or burglary; or perpetrated fl'om a pre­ 01 an Indian and a negro. Dud. (S. C.) 174.
meditated desi gn un la wfulJy and maUciously
to etIect the death of any human being otber MUTA·CANUM. ..A. ke n n el of bounds;
than bim who is killed ; or perpe trate d by any one of the mortuaries to which the crown
act greatly dangerous to the lives of others , was entitled at a bishop's or abbot's decease.
and evide ncing a depl'Uved mind, regardless 2 m. UOlllm. 426.
of human life, although without any precon­
M U T A T I O NOMINIS. Lat. In tbe
ceived purpose to deprive any particular per..
civil law. Ch ange of name. Cod. 9, 25.
Bon of life,-ls murder in the first degreej
and every otber homicide committed under M U T A T I O N . In }'rench law. This
8uch clrcumstances 8S wo uld have constituted term is synonymous with " ch ange . " and is
m urde r at common law is murder in the sec­ especially applied to d.esignate the chan ge
ond degree. Cod. AI•. 1886, § 3725. which takes plilee in the property of a thing
in its transmission from ODe person to an­
MURDRUM. In old English law. The other. Mutation, therefore. happens when
killing of a man in a secret manner . the ow n�r of the thing sells, exchanges, or
gives it. Merl. Repert.
MURORUM OPERATIO. The service
of work and labor done by inhabitants and MUTATION OF LIBEL. In practice.
adjoinin g tenants in building or r epa i ri n g An amendment :.tHo wed to a libel, by whIch
 M UTATIll MUTANDIS 796 MUTUARY

there is a n alteraLion of the substance of the day, and which will then become a debt; Of
libel, as by p ropo unding a new cause of ac­ where there is a debt on one side, and a de-­
tion, or asking one thing instead of another. Iivery of property with directions to turn it
Dun!. Adm. Pro 213. into money o n the other. 8 Taunt. 499; 2
Smith. Lead. Cas. 179.
MUTATIS MUTANDIS. Lat. With
By tllis ph,rase, in the rule under which courtl
the necessary changes in pOints of detail. of equity allow set-off in cases of mutual credit.,
we are to understand a knowledge on both sides of
MUTE. Speech less; dumb; that cannot an existing debt due t<I one party, and a credit by
or will llot speak. In English criminal law . the other party, founded on and trusting to auch
debt, as a means of discharging it. 9 N. .1. Eq. 4.4..
a prisoner is said to stand mute when, being
Credits given by two persons mutually; i. to.
arraigned for treason or felony, he either
each giving credit to the other. It. is a more ex·
makes no answer at all or answers foreign to
,
tensive phrase than "mutual debts." Thus, t.he
the purpose or w ith such matter as is not al· sum credited by one may be due at once, that by

towable, and will not answer otherwise. or, the other pa.yable in!utuTo ; yet the credits are
mutual, though the transaction would not come
upon baving pleaded not guilty, refuses to
within the meaning of "mutual debt&. It 1 Atk. 230 ,
put himself upon the country. 4 Bl. Comm. 7 Term R. 378.
324.
MUTUAL DEBTS. Money due on both
MUTILATION. In crlmlnlli law. The !lides between two persons.
depriving a man of the use of any or those
limbs which may be useful to him in fight. MUTUAL INSURANCE. That form
the loss of which amounts to mayhem. 1 Bl. of insurance in which eacb person insu red
Comm. 130. becomes a member of the company. and the
members reciprocally engage to indemnity
MUTINOUS. Insubordinate j disposed to each other against losses, any loss being met
mutinYi tending to incite or encourage mu­ by an a8sess ment laid upon all the members.
tiny.
MUTUAL MISTAKE. See MIsTAKE.
MUTINY. In crlmlnal la.... An Ins ur­
I·action ot solc.liefs or seawell agaillst tLe au­ MUTUAL PROMISES. Promises .1·
thority of their commanders j a sedition or multaneously made by and betwet'n two par·
revolt in the army or navy. tiesj each being the consideration for the
other.
MUTINY ACT. In English law. An
act· of parliament annually pass�d to punish MUTUAL TESTAMENTS. WIIl. mado
mutiny and desertion. 1 HI. Camm. 415. by two persons who leave their effects recip­
rocally to tbe survivor.
MUTUAL. Interchangeable: reciprocal ;
each acting in return or correspondence to MUTUALITY. Reciprocation ; Inter­
the other: given and received ; spoken of an change. An acting by each of two parties j
engagement or relation in which like duties an acting in return.
and obligations Hre exchanged. In every agreement the parties must, as regards
"Mutuo.l" is not synonymous with "common. " the principal or essential part of the transaction,
The latter word, in one of its meanings, denotes intend the same thing ; i. e.. , each must know what
that wbich is shared, in the same or different de. the other is to do. This 1s called "mutuality of as­
grees, by two or more persons; but the former im­ sent . " Chit. Cont. lB.
plies reciprocal action or interdependent connec­ In a simple contract arising from agreement, it

tion. is sometimes the essence of the transaction that

each party should be bound to do something under
MUTUAL ACCOUNTS. Accounts com­ it. This requirement is called "mutuality. "

prising mutual credits between. the parties; Sweet.

Mutua.lity of a oontraot means an obllgation OD.
or an existing credit on one Bide which con­
each to do, or permit to be done, something in COD­
stitutes a ground for credit on the other, or sideration of the act or promise of the other. 2G­
wh ere there is an understanding that mutual Md. 37.
debts shall be a satisfaction or set-off pro
MUTUANT. Tbepe..on who lends cb.t.
tanto between the parties. 27 Ark. 343.
tele in the coctract of mutuum, (q. t).)
MUTUAL CREDITS. In bankrupt law.
MUTU ARl. To borrow; mutuatw, a
Credits which must, from their na.t-ure, ter·
oorrowlng. 2 Arch. Pro 25.
minate in debts ; as where a debt is due from
one party, and credit given by him to the MUTUARY. A person who parrow! per-­
ot her for n sum of money payable at a future sonal chattels to be consumed by bim and re--
 MUTUS ET SURDUS 197 MYSTIC TESTAMENT

tnrncd to the lender in kind ana quanti ty; tiees to teach them their art. trade, and mys.
the bUl'rower ill a contract of mutuum. . tery.

MUTUS ET SURDUS. Lat. In civil

MYSTIC TESTAMENT. In the law
and old English law. Dumb and dl'M • •
of Louisiana. .A. seal ed testament.
The mystio or secret testament. otherwise called
the "closed testament, n is made in the following
MUTUUM. Lat. In tbe law of bail­
manller : The testator must sign his dispositions,
ments. A loan for consumption ; a loan of
whether he has written them himsel:t or hns caused
chattels, upon an agreement that the har­ them to be written by nnother person. The pnpcr
rower may consume them, ret urn i ng to the containing those dispositions, or the paper serving
lender aD equIvalent in kind and quantity. as their envelopd, must be closed and soaled. The
testator sbaU present it thus closed and sealed to
Story. Bailm. § 228.
the notary nnd to seven witnesses, or he shall cause
it to be closed and sealed in tbeir prescnce. Theu
MYNSTER-HAM. Moml stic hab i tatIo n : be shall declarc to tbe notary, in p1"(�sence of tbe
perhaps the part of a mon aste ry set apart for witnesses, tbat that paper contains his testament
pu rposes of hospitality. or as a sanctuary for written by himself, or by another by his direction,

criminals. Anc. lost. Eng. and signed by him. the testator. The notary shall
then draw up the actof superscription, which shall
be written on that paper, or on the sheet that serves
MYSTERY. A trade, art, or occupation.
as its envelope, and that act shall be signed by tbe
'2 lnst . 668. Masters frequently bi nd them­ testator, and by the notary and the witnesses.
�el\'es in the indentures with thpir appren- Civil Code La. art. 1584.