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M 743 MACULARE
M
M. This letter, used as a Roman numeral, stands for one thousand.
It was also, in old English law, a brand or stigma impressed upon the brawn of the thumb of a person convicted of manslaughter and admitted to the benefit of clergy.
This letter was sometimes put on the face of treasury notes of the United States, and signifies that the treasury note bears in­terest at the rate of one mill per centum, and not one per centum interest. U. S. v. Hardy-man, 13 Pet. 176, 10 L. Ed. 113.
M. also stands as an abbreviation for sev­eral words of which it is the initial letter; as "Mary," (the English queen of that name,) "Michaelmas," "master," "middle."
M. D. An abbreviation for "Middle Dis­trict," in reference to the division of the United States into judicial districts. Also an abbreviation for "Doctor of Medicine."
M. R. An abbreviation for "Master of the Rolls."
M. T. An abbreviation for "Michaelmas Term."
MACE. A large staff, made of the pre­cious metals, and highly ornamented. It is used as an emblem of authority, and carried before certain public functionaries by a mace-bearer. In many legislative bodies, the mace is employed as a visible symbol of the dig­nity and collective authority of the house. In the house of lords and house of commons of the British parliament, it is laid upon the table when the house is in session. In the United States house of representatives, it is borne upright by the sergeant-at-arms on extraordinary occasions, as when it is neces­sary to quell a disturbance or bring refrac­tory members to order.
—Mace-bearer. In English law. One who carries the mace before certain functionaries. In Scotland, an officer attending the court of session, and usually called a "macer."—Mace-proof. Secure against arrest.—Macer. A mace-bearer; an officer attending the court of session in Scotland.
MACE-GREFF. In old English law. One who buys stolen goods, particularly food, knowing it to have been stolen.
MACEDONIAN DECREE. In Roman law. This was the Senatus-oonsultum Mace-donianum, a decree of the Roman senate, first given under Claudius, and renewed un­der Vespasian, by which it was declared that no action should be maintained to recover a loan of money made to a child who was un­der the patria potestas. It was intended to Btrike at the practice of usurers in making
loans, on unconscionable terms, to family heirs who would mortgage their future ex­pectations from the paternal estate. The law is said to have derived its name from that of a notorious usurer. See Mackeld. Rom. Law, { 432; Inst. 4, 7, 1; Dig. 14, 6.
MACHECOIXARE. To make a warlike device over a gate or other passage like to a grate, through which scalding water or pon­derous or offensive things may be cast upon the assailants. Co. Litt 5a.
MACHINATION. Contriving a plot or conspiracy. The act of planning or contriv­ing a scheme for executing some purpose, particularly an evil purpose; an artful design formed with deliberation.
MACHINE. In patent law. Any con­trivance used to' regulate or augment force or motion; more properly, a complex struc­ture, consisting of a combination, or peculiar modification, of the mechanical powers.
The term "machine," in patent law, includes every mechanical device, or combination of me­chanical powers and devices, to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called "processes." A new pro­cess is usually the result of discovery; a ma­chine, of invention. Corning v. Burden, 15 How. 252, 267, 14 L. Ed. 683. And see Pitts­burgh Reduction Co. v. Cowles Electric Co. (C. C.) 55 Fed. 316; Westinghouse v. Boyden Power Brake Co. 170 U. S. 537, 18 Sup. Ct. 707, 42 L. Ed. 1136; Burr v. Duryee, 1 Wall. 570, 17 L. Ed. 650; Steams v. Russell, 85 Fed. 225, 29 C. C. A. 121; Wintermute v. Redington, 30 Fed. Cas. 370.
—Perfect machine. In patent law. A per­fected invention; not a perfectly constructed machine, but a machine so constructed as to em­body all the essential elements of the invention, in a form that would make them practical and operative so as to accomplish the result. But it is not necessary that it should accomplish that result in the most perfect manner, and be in a condition where it was not susceptible of a higher degree of perfection in its mere mechan­ical construction. American Hide, etc- Co. v. American Tool, etc., Co., 4 Fish. Pat. Cas. 299, 1 Fed. Cas. 647.
MACHINERY. A more comprehensive term than "machine;" including the appur­tenances necessary to the working of a ma­chine. Seavey v. Central Mut. F. Ins. Co., Ill Mass. 540.
MACHOLUM. In old English law. A barn or granary open at the top; a rick or stack of corn. Spelman.
MACTATOR. L. Lat In old European law. A murderer.
MACUIiARE. In old European law, 2b wound. Spelman.

MAD POINT
744 MAGISTRALIA BREVIA

MAD POINT. A term used to designate the idea or subject to which is confined the derangement of the mental faculties of one suffering from monomania. Owing's Case, 1 Bland (Md.) 388, 17 Am. Dec. 311. See In­sanity.
MADE KNOWN. Where a writ of scire facias has been actually served upon a de­fendant, the proper return is that its con­tents have been "made known" to him.
MADMAN. An insane person, particu­larly one suffering from mania in any of its forms. Said to be inapplicable to Idiots (Com. v. Haskell, 2 Brewst. [Pa.] 497); but it is not a technical term either of medicine or the law, and is incapable of being applied with scientific precision. See Insanity.
MADNESS. See Insanity.
MADRAS REGULATIONS. Certain regulations prescribed for the government of the Madras presidency. Mozley & Whitley.
SLEC-BUBGH. In Saxon law. Kin­dred; family.
M2BGBOTE. In Saxon law. A recom­pense or satisfaction for the slaying or mur­der of a kinsman. Spelman.
M35RE. Famous; great; noted; as Ml-mere, all famous. Gibs. Camd.
MLXREMIUM. Timber; wood suitable for building purposes.
MAGIC. In English statutes. Witch­craft and sorcery.
MAGIS. Lat. More; more fully; more In number; rather.
Magis de bono qnam de malo lex in-tendit. Co. Litt. 786. The law favors a good rather than a bad construction. Where the words used in an agreement are suscep­tible of two meanings, the one agreeable to, the other against, the law, the former is adopted. Thus, a bond conditioned "to as­sign all offices" will be construed to apply to «uch offices only as are assignable. Chit ?Cont 78.
Magis digniun trahit ad se minus dlg-
nnm. The more worthy draws to itself the less worthy. Yearb. 20 Hen. VI. 2, arg.
MAGISTER. Lat. In English law. A
master or ruler; a person who has attained to some eminent degree in science. Cowell.
In the civil law. A title of several of­fices under the Roman Empire.
—Magister ad facilitates. In English ec­clesiastical law. The title of an officer who
grants dispensations; as to marry, to eat flesh on days prohibited, and the like. Bac. Abr. "Ecclesiastical Courts," A, 5.—Magister bo-norum vendendornm. In Roman law, a person appointed by judicial authority to in­ventory, collect, and sell the property of an absent or absconding debtor for the benefit of his creditors; he was generally one of the creditors, and his functions corresponded gen­erally to those of a receiver or an assignee for the benefit of creditors under modern practice. See Mackeld. Rom. Law, § 521,—Magister cancellarise. In old English law. Master of the chancery; master in chancery. These officers were said to be called "magtstri," be­cause they were priests. Latch, 133.—Magister eqnitnm. Master of the horse. A title of office under the Roman Empire.—Magister libellorum. Master of requests. A title of office under the Roman Empire.—Magister litis. Master of the suit; the person who con­trols the suit or its prosecution, or has the right so to do.—Magister navis. In the civil law. The master of a ship or vessel. He to whom the care of the whole vessel is committed. Dig. 14, 1, 1, 1, 5.—Magister palatii. Master of the palace or of the offices. An officer un­der the Roman Empire bearing some resem­blance to the modern lord chamberlain. Tayl. Civil Law, 37.—Magister societatis. In the civil law. The master or manager of a pa * * nership; a managing partner or general agent; a manager specially chosen by a firm to admin­ister the affairs of the partnership. Story, Partn. § 95.
Magister rerun nsns. Use is the master of things. Co. Litt 229&. Usage is a prin­cipal guide in practice.
Magister rernm nsns; magistra rernm ezperientia. Use is the master of things; experience is the mistress of things. Co. Litt. 69, 229; Wing. Max. 752.
MAGISTERIAL. Relating or pertaining to the character, office, powers, or duties of a magistrate or of the magistracy.
—Magisterial precinet. In some American states, a local subdivision of a county, defining the territorial jurisdiction of justices of the
?eace and constables. Breckinridge Co. v. Mc-Iracken, 61 Fed. 194, 9 C. C. A. 442.
MAGISTRACY. This term may have a more or less extensive signification according to the use and connection in which it occurs. In its widest sense it includes the whole body of public functionaries, whether their offices be legislative, judicial, executive, or admin­istrative. In a more restricted {and more usual) meaning, it denotes the class of offi­cers who are charged with the application and execution of the laws. In a still more confined use, it designates the body of judi­cial officers of the lowest rank, and more es­pecially those who have jurisdiction for the trial and punishment of petty misdemeanors or the preliminary steps of a criminal prose­cution, such as police judges and justices of the peace. The term also denotes the office of a magistrate.
MAGISTRALIA BREVIA. In old Eng­lish practice. Magisterial writs; writs adapt­ed to special cases, and so called from being

MAGISTRATE
745
MAGNUM CAPE

framed by the masters or principal clerks of the chancery. Bract fol. 4136; Crabb, Com. Law, 547, 548.
MAGISTRATE. A public officer belong­ing to the civil organization of the state, and invested with powers and functions which may be either judicial, legislative, or execu­tive.
But the term is commonly used in a nar­rower sense, designating, in England, a per­son intrusted with the commission of the peace, and, in America, one of the class of inferior judicial officers, such as justices of the peace and police justices. Martin v. State, 32 Ark. 124; Scanlan v. Wright, 13 Pick. (Mass.) 528, 25 Am. Dec. 344; Ex parte White, 15 Nev. 146, 37 Am. Rep. 466; Kurtz v. State, 22 Fla. 44, 1 Am. St. Rep. 173.
A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. Pen. Code Cal. § 807.
The word "magistrate" does not necessarily imply an officer exercising any judicial func­tions, and might very well be held to embrace notaries and commissioners of deeds. Schultz v. Merchants' Ins. Co., 57 Mo. 336.
—Chief magistrate. The highest or princi­pal executive officer of a state (the governor) or of the United States (the president)—Commit­ting magistrate. An inferior judicial officer who is invested with authority to conduct the preliminary hearing of persons charged with crime, and either to discharge them for lack of sufficient prima facie evidence or to commit them to jail to await trial or (in some juris­dictions) to accept bail and release them there­on.—Police magistrate. An inferior judicial officer having jurisdiction of minor criminal offenses, breaches of police regulations, and the like; so called to distinguish them from mag­istrates who have jurisdiction in civil cases al­so, as justices of the peace. People v. Curley, 5 Colo. 416; McDermont v. Dinnie, 6 N. D. 278, 69 N. W. 295.—Stipendiary magis­trates. In Great Britain, the magistrates or police judges sitting in the cities and large towns, and appointed by the home secretary, are so called, as distinguished from the jus­tices of the peace in the counties who have the authority of magistrates.
MAGISTRATE'S COURT. In Ameri­can law. Courts in the state of South Caro­lina, having exclusive jurisdiction in mat­ters of contract of and under twenty dollars.
A local court in the city of Philadelphia, possessing the criminal jurisdiction of a po­lice court and civil jurisdiction in actions in­volving not more than one hundred dollars. It is not a court of record. See Const. Pa. art 4, § 12.
MAGISTRATES. Lat. In the civil law. A magistrate. Calvin. A judicial officer who had the power of hearing and determin­ing causes, but whose office properly was to inquire into matters of law, as distinguished from fact Hallif ax, Civil Law, b. 3, c. 8.
MAGNA ASSISA. In old English law. The grand assize. Glanv. lib. 2, cc 11, 12.
MAGNA ASSISA ELIGENDA. An an­cient writ to summon four lawful knights before the justices of assize, there to choose twelve others, with themselves to constitute the grand assise or great jury, to try the matter of right. The trial by grand assize was instituted by Henry II. in parliament, as an alternative to the duel in a writ of right Abolished by 3 & 4 Wm. IV. c. 27. Wharton.
MAGNA AVERIA. In old pleading. Great beasts, as horses, oxen, etc. Cro. Jac. 580.
MAGNA CENTUM. The great hundred, or six score. Wharton.
MAGNA CHARTA. The great charter. The name of a charter (or constitutional en­actment) granted by King John of England to the barons, at Runnymede, on June 15, 1215, and afterwards, with some alterations, confirmed in parliament by Henry III. and Edward I. This charter is justly regarded as the foundation of English constitutional lib­erty. Among its thirty-eight chapters are found provisions for regulating the adminis­tration of justice, defining the temporal and ecclesiastical jurisdictions, securing the per­sonal liberty of the subject and his rights of property, and the limits of taxation, and for preserving the liberties and privileges of the church. Magna Charta is so called, partly to distinguish it from the Charta de Foresta, which was granted about the same time, and partly by reason of its own transcendent im­portance.
Magna Charta et Charta de Foresta sont appeles les "deux grandes char­ters." 2 Inst. 570. Magna Charta and the Charter of the Forest are called the "two great charters."
MAGNA COMPONERE PAR VIS. To
compare great things with small things.
MAGNA CULPA. Great fault; gross negligence.
MAGNA NEGLIGENTIA. In the civil
law. Great or gross negligence.
Magna negligentia culpa est; magna culpa dolus est. Gross negligence is fault; gross fault is fraud. Dig. 50, 16, 226.
MAGNA PRECARIA. In old English law. A great or general reap-day. Cowell; Blount
MAGNA SERJEANTIA. In old English law. Grand serjeanty. Fleta, lib. 2, c. A, § 1.
MAGNUM CAPE. In old practice. Great or grand cape. 1 Reeve, Eng. Law, 418. See Gband Cape.

MAGNUM CONCILIUM 746 MAIM
MAGNUM CONCILIUM. In old Eng­lish law. The great council; the general council of the realm; afterwards called "parliament." 1 Bl. Comm. 148; 1 Reeve, Eng. Law, 62; Spelman.
The king's great council of barons and prelates. Spelman; Crabb, Com. Law, 228.
MAGNUS ROTULUS STATTJTORUM.
The great statute roll. The first of the Eng­lish statute rolls, beginning with Magna Charta, and ending with Edward III. Hale, Com. Law, 16, 17.
MAHA-GEN. In Hindu law. A banker or any great shop-keeper.
MAHAL. In Hindu law. Any land or public fund producing a revenue to the gov­ernment of Hindostan. "Mahalaat" is the plural.
MAHLBRIEF. In maritime law. The German name for the contract for the build­ing of a vessel. This contract contains a specification of the kind of vessel intended, her dimensions, the time within which she is to be completed, the price and times of payment, etc. Jac. Sea Laws, 2-8.
MAIDEN. In Scotch law. An instru­ment formerly used in beheading criminals. It resembled the French guillotine, of which it is said to have been the prototype. Whar­ton.
MAIDEN ASSIZE. In English law. Originally an assize at which no person was condemned to die. Now it is a session of a criminal court at which there are no prison­ers to be tried.
MAIDEN RENTS. A fine paid by the tenants of some manors to the lord for a li­cense to marry a daughter. Cowell. Or, perhaps, for the lord's omitting the custom of marcheta, (q. v.)
MAIGNAGIUM. A brasier's shop, or, perhaps, a house. Cowell.
MAIHEM. See Mayhem; Maim.
MAIHEMATUS. Maimed or wounded.
MAIHEMTUM. In old English law. Mayhem, (q. v.)
Mainemium est homicidium inchoa-
tnm. 3 Inst. 118. Mayhem is incipient homicide.
Mainemium est inter crimina majora minimum, et inter minora maximum.
Co. Litt 127. Mayhem is the least of great crimes, and the greatest of small.
Mainemium est membri mutilatio, et did poterit, ubi aliquis in aliqua parte sui corporis effectus sit inutilis ad pug-nandum. Co. Litt. 126. Mayhem is the mutilation of a member, and can be said to take place when a man is injured in any part of his body so as to be useless in fight
MAIL, As applied to the post-office, this term means the carriage of letters, whether applied to the bag into which they are put, the coach or vehicle by means of which they are transported, or any other means em­ployed for their carriage and delivery by public authority. Wynen v. Schappert, 6 Daly (N. T.) 560. It may also denote the letters or other matter so carried.
The term "mail," as used in Rev. St U. S. § 5469 (U. S. Comp. St. 1901, p. 3692) rel­ative to robbing the mails, may mean ei­ther the whole body of matter transported by the postal agents, or any letter or pack­age forming a component part of it U. S. v. Inabnet (D. C.) 41 Fed. 130.
Mail also denotes armor, as in the phrase a "coat of mail."
In Scotch, law. Rent; a rent or tribute. A tenant who pays a rent is called a "mail-payer," "mailer," or "mail-man." Skene.
—Mail matter. This term includes letters, packets, etc, received for transmission, and to be transmitted by post to the person to whom such matter is directed. U. S. v. Huggett (C. C) 40 Fed. 641; U. S. v. Rapp (C. a) 30 Fed. 820.
MAILABLE. Suitable or admissible for transmission by the mail; belonging to the classes of articles which, by the laws and postal regulations, may be sent by post.
MAILE. In old English law. A kind of ancient money, or silver half-pence; a small rent
MAILED. This word, as applied to a letter, means that the letter was properly prepared for transmission by the servants of the postal department, and that it was put in the custody of the officer charged with the duty of forwarding the mail. Pier v. Heinrichshoffen, 67 Mo. 163, 29 Am. Rep. 501.
MAILLS AND DUTIES. In Scotch law. The rents of an estate. Bell.
MAIM. To deprive a person of a mem­ber or part of the body, the loss of which renders him less capable of fighting; to commit mayhem, (q. v.) State v. Johnson, 58 Ohio St. 417, 51 N. E. 40, 65 Am. St Rep. 769.
In this respect, "to wound" is distinguishable from "to maim;" for the latter implies a per­manent injury, whereas a wound is any mutila­tion or laceration which breaks the continuity of the outer skin. Regina v. Bullock, 11 Cox, Crim. Cas. 125.
But both in common speech and as the word is now used in statutes and in the criminal law

MAIN
747
MAINTENANCE

generally, it is not restricted to this common-law meaning, but signifies to cripple or mu­tilate in any way, to inflict any permanent in­jury upon the body, to inflict upon a person any injury which deprives him of the use of any limb or member of the body, or renders him lame or defective in bodily vigor. See Regina /v. Jeans, 1 Car. & K. 540; High v. State, 26 Tex. App. 545, 10 S. W. 238, 8 Am. St. Rep. 488; Baker v. State. 4 Ark. 56; Turman v. State, 4 Tex. App. 588; Com. v. Newell, 7 Mass. 249.
MAIN. L. Fr. A hand. More common­ly written "meyn." —Main-a-main. Immediately. Kelham.
MAIN. Principal, chief, most important in size, extent, or utility.
—Main channel. The main channel of a river is that bed over which the principal vol­ume of water flows. See St. Louis, etc., Pack­et Co. v. Keokuk & H. Bridge Co. (C. C.) 31 Fed. 757; Cessill v. State, 40 Ark. 504; Dun-lieth & D. Bridge Co. v. Dubuque County, 55 Iowa, 558, 8 N. W. 443.—Main-rent. Vas­salage.—Main sea. See Sea.
MAINAS. In old English law. A false oath; perjury. Co well. Probably from Sax. "manath" or ''mainath" a false or de­ceitful oath.
MAINE-FORT. A small tribute, com­monly of loaves of bread, which in some places the parishioners paid to the rector in lieu of small tithes. Cowell.
MAINOUR. In criminal law. An arti­cle stolen, when found in the hands of the thief. A thief caught with the stolen goods in his possession is said to be taken "with the mainour," that is, with the property in manu, In his hands. 4 Bl. Comm. 307.
The word seems to have corresponded with the Saxon "handhabend," (q. v.) In modern law it has sometimes been written as an Eng­lish word "manner," and the expression "taken in the manner" occurs in the books. Crabb, Eng. Law, 154.
MAINOVRE, or MAINCEUVRE. A
trespass committed by hand. See 7 Rich. II. c. 4.
MAINPERNABLE. Capable of being bailed; bailable; admissible to bail on giv­ing surety by mainpernors.
MAINPERNOR. In old practice. A surety for the appearance of a person under arrest, who is delivered out of custody into the hands of his bail. "Mainpernors" dif­fer from "bail" in that a man's bail may imprison or surrender him up before the stipulated day of appearance; mainpernors can do neither, but are barely sureties for his appearance at the day. Bail are only sureties that the party be answerable for the special matter for which they stipulate; mainpernors are bound to produce him to answer all charges whatsoever. 3 Bl. Comm. 128. Other distinctions are made in the old books. See Cowell.
MAINPRISE. The delivery of a person into the custody of mainpernors, (q. v.) Also the name of a writ (now obsolete) command­ing the sheriff to take the security of main­pernors and set the party at liberty.
MAINSWORN. Forsworn, by making false oath with hand (main) on book. Used in the north of England. Brownl. 4; Hob. 125.
MAINTAIN. To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Boutiller v. The Milwaukee, 8 Minn. 105, (Gil. 80, 81.)
MAINTAINED. In pleading. A tech­nical word indispensable in an indictment for maintenance. 1 Wils. 325.
MAINTAINOR. In criminal law. One that maintains or seconds a cause depending in suit between others, either by disbursing money or making friends for either party to­wards his help. Blount. One who is guilty of maintenance (q. v.)
MAINTENANCE. Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living, or food, clothing, shelter, etc., par­ticularly where the legal relation of the par­ties is such that one is bound to support the other, as between father and child, or hus­band and wife. Wall v. Williams, 93 N. C. 330, 53 Am. Rep. 458; Winthrop Co. v. Clin­ton, 196 Pa. 472, 46 Atl. 435, 79 Am. St Rep. 729; Regina v. Gravesend, 5 El. & Bl. 466; State v. Beatty, 61 Iowa, 307, 16 N. W. 149; In re Warren Insane Hospital, 3 Pa. Dist. R. 223.
In criminal law. An unauthorized and officious interference in a suit in which the offender has rio interest, to assist one of the parties to it, against the other, with money or advice to piy>secute or defend the action. 1 Russ. Crimes, 254.
Maintenance, in general, signifies an unlawful taking in hand or upholding of quarrels and sides, to the hindrance of common right. Co. Litt. 3686; Hawk. P. C. 393.
Maintenance is the assisting another person in a lawsuit, without having any concern in the subject. Wickham v. Conklin, 8 Johns. (N. Y.) 220.
Maintenance is where one officiously inter­meddles in a suit which in no way belongs to him. The term does not include all kinds of aid in the prosecution or defense of another's cause. It does not extend to persons having an interest in the thing in controversy, nor to persons of kin or affinity to either party, nor to counsel or attorneys, for their acts are not officious, nor unlawful. The distinction be­tween "champerty" and "maintenance" is that maintenance is lie promoting, or undertaking to promote, a suit by one who has no lawful cause to do so, and champerty is an agreement for a division of the thing in controversy, in the event of success, as a reward for the un-

MAINTENANCE
748
MAKE

lawful assistance. Bayard v. McLane, 3 Har. <Del.) 208.
"Maintenance," at common law, signifies an unlawful taking in hand or upholding of quar­rels or sides, to the disturbance or hindrance ?Of common, right The maintaining of one side, in consideration of some bargain to have part of the thing in dispute, is called "champerty." Champerty, therefore, is a species of mainte­nance. Richardson v. Rowland, 40 Conn. 570.
And see also, Gilman v. Jones, 87 Ala. 691, 5 South. 785, 4 L. R. A. 113; Brown v. Beau-champ, 5 T. B. Mon. (Ky.) 413, 17 Am. Dec 81; Gowen v. Nowell, 1 Me. 292; Vaughan r. Marable, 64 Ala. 66; Thurston v. PercivaL 1 Pick. (Mass.) 415; Hovey v. Hobson, 5J; Me. 62; Quigley v. Thompson, 53 Ind. 320.
MAIOR. An old form of "mayor."
MAIRE. In old Scotch law. An officer to whom process was directed. Otherwise called "mair of fie," (fee,) and classed with the "serjand." Skene.
In French law. A mayor.
MAIRIE. In French law. The govern­ment building of each commune. It con­tains the record office of all civil acts and the list of voters; and It is there that politi­cal and municipal elections take place. Arg. Fr. Merc. Law, 566.
MAISON DE DIETJ. Fr. A hospital; an almshouse; a monastery. St. 39 Eliz. c 6. Literally, "house of God."
MAISTER. An old form of "master."
MAISURA. A house, mansion, or farm. Cowell.
MAITRE. Fr. In French maritime law. Master; the master or captain of a vessel. Ord. Mar. liv. 2, tit 1, art. 1.
MAJESTAS. Lat In Roman law. The majesty, sovereign authority, or supreme prerogative of the state or prince. Also a shorter form of the expression "crimen ma­jestaUs," or "crimen Icesce majestaUs," an offense against sovereignty, or against the safety or organic life of the Roman people; i. e., high treason.
MAJESTY. Royal dignity. A term used of kings and emperors as a title of honor.
MAJOR. A person of full age; one who is no longer a minor; one who has attained the management of his own concerns and the enjoyment of his civic rights.
In military law. The officer next in rank above a captain.
MAJOR ANNUS. The greater year; the bissextile year, consisting of 366 days. Bract fol. 359b.
MAJOR GENERAL. In military law. An officer next in rank above a brigadier
general, and next below a lieutenant general, and who usually commands a division or an* army corps.
Major hsereditas venit unicnique nos­trum a jnre et legibus qnam a parenti-bus. 2 Inst 56. A greater inheritance comes to every one of us from right and the laws than from parents.
Major numeral in se continet mi-norem. Bract, fol. 16. The greater number contains in itself the less.
MAJORA REGALIA. The king's dig­nity, power, and royal prerogative, as op­posed to his revenue, which is comprised in the minora regalia. 2 Steph. Comm. 475; 1 Bl. Comm. 240.
Majore poena affectus qnam legibus statuta est, non est infamis. One affect­ed with a greater punishment than is pro­vided by law is not infamous. 4 Inst. 66.
MAJORES. In Roman law and gen­ealogical tables. The male ascendants be­yond the sixth degree.
In old English law. Greater persons; persons of higher condition or estate.
Majori summse minor inest. In the
greater sum the less is included. 2 Kent, Comm. 618; Story, Ag. § 172.
MAJORITY. Full age; the age at which, by law, a person is entitled to the manage­ment of his own affairs and to the enjoyment of civic rights. The opposite of minority. Also the status of a person who is a major in age.
In the law of elections, majority signi­fies the greater number of votes. When there are only two candidates, he who re­ceives the greater number of the votes cast is said to have a majority; when there are more than two competitors for the same office, the person who receives the greatest number of votes has a plurality, but he has not a majority unless he receives a greater number of votes than those cast for all his competitors combined.
In military affairs, majority denotes the rank and commission of a major.
Ma jus dignum trahit ad se minus dignum. The more worthy draws to itself the less worthy. Co. Litt 43, 355&; Bract fol. 175; Noy, Max. p. 6, max. 18.
MAJUS JUS. In old practice. Greater right or more right A plea in the old real actions. 1 Reeve, Eng. Law, 476. Majus jus merum, more mere right Bract fol. 31.
MAKE. 1. To cause to exist; to form, fashion, or produce; to do, perform, or exe-

MAKE
749 MALEFICIA NON DEBENT

cute; as to make an issue, to make oath, to make a presentment.
2.To do in form of law; to perform with due formalities; to execute in legal form; as to make answer, to make a return.
3.To execute as one's act or obligation; to prepare and sign; to sign, execute, and deliver; as to make a conveyance, to make a note.
4.To conclude, determine upon, agree to, or execute; as to make a contract.
5* To cause to happen by one's neglect or omission; as to make default.
6.To make acquisition of; to procure; to collect; as to make the money on an exe­cution.
7.To have authority or influence; to sup­port or sustain; as in the phrase, "This precedent makes for the plaintiff."
—Make an assignment. To transfer one's property to an assignee for the benefit of one's creditors.—Make an award. To form and publish a judgment on the facts. Hoff v. Tay­lor, 5 N. J. Law, 883.—Make a contract. To agree upon, and conclude or adopt, a contract. In case of a written contract, to reduce it to writing, execute it in due form, and deliver it as binding.—Make default. To fail or be wanting in some legal duty; particularly, to omit the entering of an appearance when duly summoned in an action at law or other judi­cial proceeding, to neglect to obey the com­mand of a subpoena, etc.—Make one's faith. A Scotch phrase, equivalent to the old English phrase, "to make one's law."
MAKER. One who makes, frames, or ordains; as a "law-maker." One who makes or executes; as the maker of a promissory note. See Aud v. Magruder, 10 Cal. 290; Sawyers v. Campbell, 107 Iowa, 397, 78 N. W. 56.
MAKING LAW. In old practice. The formality of denying a plaintiff's charge under oath, in open court, with compurga­tors. One of the ancient methods of trial, frequently, though inaccurately, termed "waging law," or "wager of law." 3 Bl. Conim. 341.
MAL. A prefix meaning bad, wrong, fraudulent; as maladministration, malprac­tice, malversation, etc.
MAX GREE. L. Fr. Against the will; without the consent. Hence the single word uma,lgre^ and more modern "maugre," (q. v.)
MAL-TOLTE. Fr. In old French law. A term said to have arisen from the usurious gains of the Jews and Lombards in their management of the public revenue. Steph. Lect 372.
MALA. Lat Bad; evil; wrongful.
—Mala fides. Bad faith. The opposite of hona fides, (g. v.) Maid fide, in bad faith. Mala fidei possessor, a possessor in bad faith.
Mackeld. Rom. Law, f 297.—Mala in se. Wrongs in themselves; acts morally wrong; offenses against conscience. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8; Com. v. Adams, 114 Mass. 323, 19 Am. Rep. 362; Turner v. Mer­chants' Bank, 126 Ala 397. 28 South. 469.— Mala praxis. Malpractice; unskillful man­agement or treatment Particularly applied to the neglect or unskillful management of a physician, surgeon, or apothecary. 3 Bl. Comm. 122.—Mala prohibita. Prohibited wrongs or offenses, acts which are made offenses by pos­itive laws, and prohibited as such. 1 Bl. Comm. 57, 58; 4 Bl. Comm. a
Mala grammatica non vitiat chartam. Sed in expositione instrnmentonim mala grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate a deed. But in the exposition of instruments, bad grammar, as far as it can be done, is to be avoided. 6 Coke, 39; Broom, Max. 686.
MALADMINISTRATION. This term Is used, in the law-books, interchangeably with mis-administration, and both words mean "wrong administration." Minkler v. State, 14 Neb. 183, 15 N. W. 331.
MALANDRINUS. In old English law. A thief or pirate. Wals. 338.
MALABT. In Hindu law. Judicial; be­longing to a judge or magistrate.
MALBERGE. A hill where the people assembled at a court, like the English assiz­es; which by the Scotch and Irish were called "parley hills." Du Cange.
MALCONNA. In Hindu law. A treasury or store-house.
MALE. Of the masculine sex; of the sex that begets young.
MALE CREDITUS. In old English law. Unfavorably thought of; in bad repute or credit. Bract, fols. 116, 154.
Maledicta est expositio quae corrum-pit textum. That is a cursed interpreta­tion which corrupts the text 4 Coke, 35a/ Broom, Max. 622.
MALEDICTION. A curse, which was anciently annexed to donations of lands made te churches or religious houses, against those who should violate their rights. Cowell.
MALEFACTION. A crime; an offense.
MALEFACTOR. He who is guilty, or has been convicted, of some crime or offense.
Maleficia non debent remanere im-pnnita; et imp unit as continuum af­fectum tribuit delinquent!. 4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent.

MALEFICIA PROPOSIT1S 1
Maleficia propositi* distinguuntur.
Jenk. Cent. 290. Evil deeds are distinguish­ed from evil purposes, or 7>y their purposes.
MAXEFICIUM. In the civil law. Waste; damage; tort; injury. Dig. 5, 18, 1.
MAXESON, or MALISON. A curse.
MAIESWORN, or MALSWORN. For­sworn. Cowell.
MALFEASANCE. The wrongful or un­just doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from "mis­feasance" and "non-feasance," (which titles see.) See 1 Chit. Pr. 9; 1 Chit PI. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327, 60 L. R, A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse-lyn, 3 Gray (Mass.) 311, 63 Am. Dec. 741.
MAXFETRIA. In Spanish law. Of­fense. White, New Recop. b. 2, tit. 19, c 1, § 1.
MALICE. In criminal law. In its
legal sense, this word does not simply mean ill will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Bromage v. Prosser, 4 Barn. & C. 255.
A conscious violation of the law (or the prompting of the mind to commit it) which operates to the prejudice of another person.
About as clear, comprehensive, and correct a definition as the authorities afford is that "malice is a condition of the mind which shows a heart regardless of social duty and fatally bent on mischief, the existence of which is inferred from acts committed or words spoken." Harris v. State, 8 Tex. App. 109.
"Malice," in its common acceptation, means ill will towards some person. In its legal sense, it applies to a wrongful act done inten­tionally, without legal justification or excuse. Dunn v. Hall, 1 Ind. 344.
A man may do an act willfully, and yet be free of malice. But he cannot do an act mali­ciously without at the same time doing it willfully. The malicious doing of an act in­cludes the willful doing of it. Malice includes intent and will. State v. Robbins, 66 Me. 328.
For other definitions see Shannon v. Jones, 76 Tex. 141, 13 S. W. 477; Williams v. Wil­liams,, 20 Colo. 51, 37 Pac. 614; Smith v. Railroad Co., 87 Md. 48, 38 Atl. 1072; In re Freche (D. C.) 109 Fed. 621; Craft v. State, 3 Kan. 486; Lewis v. Chapman, 16 N. T. 369; State v. Avery, 113 Mo. 475, 21 S. W. 193; State v. Witt, 34 Kan. 488, 8 Pac. 769; State v. Walker, 9 Houst. (Del.) 464, 33 Atl. 227; Cotton v. State. 32 Tex. 614; Com. v. Chance, 174 Mass. 245, 54 N. E. 551, 75 Am. St Rep. 306.
In the law of libel and slander. An
evil intent or motive arising from spite or fll will; personal hatred or ill will; culpable recklessness or a willful and wanton disre­gard of the rights and interests of the per-
3 MALICE
son defamed. McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 L. R. A. 768, 91 Am. St Rep. 659; Hearne v. De Young, 132 CaL 357, 64 Pac. 576; Cherry v. Des Moines Leader, 114 Iowa, 298, 86 N. W. 323, 54 L. R. A. 855, 89 Am. St. Rep. 365; Minter v. Bradstreet Co., 174 Mo. 444, 73 S. W. 668
—Actnal malice. Express malice, or malice in fact. Gee v. Culver, 13 Or. 598, 11 Pac. 302.—Constructive malice. Implied malice; malice inferred from acts; malice imputed by law; malice which is not shown by direct proof of an intention to do injury, (express malice,) but which is inferentially established by the necessarily injurious results of the acts shown to have been committed. State v. Har-rigan, 9 Houst. (Del.) 369, 31 Atl. 1052; Hogan v. State, 36 Wis. 238; Caldwell v. Raymond, 2 Abb. Prac. (N. Y.) 196,—Express malice. Actual malice; malice in fact; a deliberate intention to commit an injury, evi­denced by external circumstances. Sparf v. U. S., 156 U. S. 61, 15 Sup. Ct. 273, 39 L. Ed. 343: Farrer v. State, 42 Tex. 271; Singleton v. State, 1 Tex. App. 507; Jones v. State, 29 Ga. 594; Wynne v. Parsons, 57 Conn. 73, 17 Atl. 362; Howard v. Sexton, 4 N. Y. 161; Herbener v. Crossan, 4 Pennewill (Del.) 38, 55 Atl. 224.—General malice. General mal­ice is wickedness, a disposition to do wrong, a "black and diabolical heart, regardless of social duty and fatally bent on mischief." Neal v. Nelson. 117 N. C. 393, 23 S. E. 428. 53 Am. St. Rep. 590; Brooks v. Jones, 33 N. C. 260.—Implied malice. Malice inferred by legal reasoning and necessary deduction from the res gestae or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person against another, how­ever sudden. Whart. Horn. 38. What is called "general malice" is often thus inferred. Sparf v. U. S., 156 U. S. 51, 15 Sup. Ct. 273, 39 L. Ed. 343; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225; Darry v. People, 10 N. Y. 120; State v. Mason, 54 S. C. 240, 32 S. E. 357; State v. Neal, 37 Me. 469; State v. Harrigan, 9 Houst. (Del.) 369, 31 Atl. 1052.—Legal malice. An expression used as the equivalent of "constructive malice," or "malice in law." Humphries v. Parker, 52 Me. 502.—Malice aforethought. In the definition of "murder," malice aforethought ex­ists where the person doing the act which caus­es death has an intention to cause death or grievous bodily harm to any person, (whether the person is actually killed or not,) or to com­mit any felony whatever, or has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, al­though he does not desire it. or even wishes that it may not be caused. Steph. Crim. Dig. 144; 1 Russ. Crimes, 641. The words "malice aforethought" long ago acquired in law a set­tled meaning, somewhat different from the popular one. In their legal sense they do not import an actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in gen­eral, the dictate of a wicked, depraved, and malignant heart; not premeditated personal hatred or revenge towards the person killed, but that kind of unlawful purpose which, if persevered in, must produce mischief. State v. Pike, 49 N. H. 399, 6 Am. Rep. 533. And see Thiede v. Utah, 159 U. S. 510, 16 Sup. Ct 62, 40 L. Ed. 237; State v. Fiske, 63 Conn. 388, 28 Atl. 572; Nye v. People, 35 Mich. 19; People v. Borgetto, 99 Mich. 336. 58 N. W. 328; Darry v. People, 10 N. Y. 120; Allen v. U. S., 164 U. S. 492, 17 Sup. Ct. 154, 41 L. Ed. 528; Kota v. People, 136 111. 655, 27 N. E. 53; Hogan v. State, 36 Wis. 242.—Malice in fact. Express or actual malice. Railway Co. v. Behee, 2 Tex. Civ. App. 107, 21 S. W. 384;

MALICE
Hotchkiss t. Porter, 30 Conn. 414.—Malice in law. Implied, inferred, or legal malice. See Smith v. Rodecap, 5 Ind. App. 78, 31 N. E. 479; Bacon v. Railroad Co., 66 Mich. 166, 33 N. W. 181.—Malice prepense. Malice afore­thought ; deliberate, predetermined malice. 2 Rolle, 461.—Particular malice. Malice di-, rected against a particular individual; ill will; a grudge; a desire to be revenged on a par­ticular person. Brooks v. Jones, 33 N. C. 261; State v. Long, 117 N. C. 791, 23 S. E. 431.— Preconceived malice. Malice prepense or aforethought. See State v. Reidell, 9 Houst. (Del.) 470, 14 Atl. 550.—Premeditated mal­ice. An intention to kill unlawfully, deliber­ately formed in the mind as the result of a de­termination meditated upon and fixed before the act. State v. Gin Pon, 16 Wash. 425, 47 Pac. 961; Milton v. State, 6 Neb. 143; State v. Rutten, 13 Wash. 211, 43 Pac. 30.—Special malice. Particular or personal malice; that is, hatred, ill will, or a vindictive disposition against a particular individual.—Universal malice. By this term is not meant a malicious purpose to take the life of all persons, but it is that depravity of the human heart which determines to take life upon slight or insuffi­cient provocation, without knowing or caring who may be the victim. Mitchell v. State, 60 Ala. 30.
MALICIOUS. Evincing malice; done with malice and an evil design; willful.
—Malicious abandonment. In criminal law. The desertion of a wife or husband with­out just cause.—Malicious abuse of process.
The malicious misuse or misapplication of pro­cess to accomplish a purpose not warranted or commanded by the writ; the malicious perver­sion of a regularly issued process, whereby a re­sult not lawfully or properly obtained on a writ is secured; not including cases where the pro­cess was procured maliciously but not abused or misused after its issuance. Bartlett v. Christhilf, 69 Md. 219, 14 Atl. 521; Mayer v. Walter, 64 Pa. 283; Humphreys v. Sutcliffe, 192 Pa. 336, 43 Atl. 954, 73 Am. St. Rep. 819; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807.—Malicious act. A wrongful act inten­tionally done without legal justification or ex­cuse ; an unlawful act done wilfully or purpose­ly to injure another. Bowers v. State, 24 Tex. App. 542, 7 S. W. 247, 5 Am. St. Rep. 901; Payne v. Western & A. R. Co., 13 Lea (Tenn.) 526, 49 Am. Rep. 666; Brandt v. Morning Journal Ass'n, 81 App. Div. 183, 80 N. Y. Supp. 1002.—Malicious arrest. An arrest made willfully and without probable cause, but in the course of a regular proceeding.—Malicious injury. An injury committed against a per­son at the prompting of malice or hatred to­wards him, or done spitefully or wantonly. State v. Huegin, 110 Wis. 189, 85 N. W. 1046, 62 L. R. A. 700; Wing v. Wing, 66 Me. 62, 22 Am. Rep. 548—Malicious mischief. A term applied to the willful destruction of per­sonal property, from actual ill will or resent­ment towards its owner or possessor. People v. Petheram, 64 Mich. 252, 31 N. W. 188; First Nat. Bank v. Burkett, 101 111. 394, 40 Am. Rep. 209; State v. Robinson, 20 N. C. 130, 32 Am. Dec. 661; Thomas v. State, 30 Ark. 435. Ma­licious mischief or damage is a species of in­jury to private property, which the law con­siders as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss, but either out of a spirit of wanton cruelty or wicked revenge. In this latter light it bears a near relation to the crime of arson, for, as that affects the habita­tion, so does this the property, of individuals; and therefore any damage arising from this mischievous disposition, though only a trespass at the common law, is now, by several stat-
1 MALPRACTICE
utes, made severely penal. Jacob.—Malicious prosecution. A judicial proceeding instituted against a person out of the prosecutor's malice and ill will, with the intention of injuring him, without probable cause to sustain it, the pro­cess and proceedings being regular and formal, but not justified by the facts. For this injury an action on the case lies, called the "action of malicious prosecution." Hicks v. Brantley, 102 Ga. 264, 29 S. E.,459; Eggett v. Allen, 119 Wis. 625, 96 N. W. 803; Harpham v. Whitney, 77 111. 38; Lauzon v. Charroux, 18 R. I. 467, 28 Atl. 975; Frisbie v. Morris-, 75 Conn. 637, 55 Atl. 9.—Malicious trespass. The act of one .who maliciously or mischievously injures or causes to be injured any property of another or any public property. State v. McKee, 109 Ind. 497, 10 N. E. 405; Hannel v. State, 4 Ind. App. 485, 30 N. E. 1118.
MALIGN ARE. To malign or slander; also to maim.
MALINGER. To feign sickness or any physical disablement or mental lapse or de­rangement, especially for the purpose of escaping the performance of a task, duty, or work.
MALITIA. Lat. Actual evil design; ex­press malice. —Malitia prsecogitata. Malice aforethought,
Malitia est acida; est mail animi af-fectus. Malice is sour; it Is the quality of a bad mind. 2 Bulst. 49.
Malitia supplet setatem. Malice sup­plies [the want of] age. Dyer, 1046; Broom, Max. 316.
Malitiis bominum est obviandum. The
wicked or malicious designs of men must be thwarted. 4 Coke, 15&.
MALLUM. In old European law. A court of the higher kind in which the more important business of the county was dis­patched by the count or earl. Spelman. A public national assembly.
MALO ANIMO. Lat With an evil mind; with a bad purpose or wrongful in­tention ; with malice.
MALO GRATO. Lat In spite; unwill­ingly.
MALO SENSU. Lat. In an evil sense or meaning; with an evil signification.
MALPRACTICE. As applied to physi­cians and surgeons, this term means, general­ly, professional misconduct towards a pa­tient which is considered reprehensible either because immoral in itself or because con­trary to law or expressly forbidden by law. In a more specific sense, it means bad, wrong, or injudicious treatment of a patient, pro­fessionally and in respect to the particular disease or injury, resulting in injury, un­necessary suffering, or death to the patient,

MALT
752
MANAGE

and proceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or "a malicious or criminal intent. See Rodgers v. Kline, 56 Miss. 816, 31 Am. Rep. 389; Tucker v. Gillette, 22 Ohio Cir. Ct. R. 669; Abbott v. Mayfleld, 8 Kan. App. 387, 56 Pac. 327; Hibbard v. Thompson, 109 Mass. 288. The term is occasionally applied to lawyers, and then means generally any evil practice in a professional capacity, but rather with reference to the court and its practice and process than to the client. See In re Baum, 55 Hun, 611, 8 N. Y. Supp. 771; In re Silkman, 88 App. Div. 102, 84 N. Y. Supp. 1025; Cowley v. O'Connell, 174 Mass. 253, 54 N. E. 558.
MALT. A substance produced from bar­ley or other grain by a process of steeping in water until germination begins and then drying in a kiln, thus converting the starch into saccharine matter. See Hollender v. Magone (C. C.) 38 Fed. 915; U. S. v. Conn, 2 Ind. T. 474, 52 S. W. 38.
—Malt liquor. A general term including all alcoholic beverages prepared essentially by the fermentation of an infusion of malt (as distin­guished from such liquors as are produced by the process of distillation), and particularly such beverages as are made from malt and hops, like beer, ale, and porter. See Allred v. State, 89 Ala. 112, 8 South. 56; State v. Gill, 89 Minn. 502, 95 N. W. 449; U. S. v. Ducournau <C. C.) 54 Fed. 138; State v. Stapp, 29 Iowa, 552; Sarlls v. U. S., 152 U. S. 570, 14 Sup. Ct. 720, 38 L. Ed. 556.—Malt mulna. A quern or malt-mill.—Malt-shot, or malt-scot. A cer­tain payment for making malt. Somner.— Malt-tax. An excise duty upon malt in Eng­land. 1 Bl. Comm. 313; 2 Steph. Comm. 581.
MALTREATMENT. In reference to the treatment of his patient by a surgeon, this term signifies improper or unskillful treat­ment; it may result either from ignorance, neglect, or willfulness; but the word does not necessarily imply that the conduct of the surgeon, in his treatment of the patient, is either willfully or grossly careless. Com. v. Hackett, 2 Allen (Mass.) 142.
MALUM, n. Lat. In Roman law. A mast; the mast of a ship. Dig. 50, 17, 242, pr. Held to be part of the ship. Id.
MAI/UM, adj. Lat. Wrong; evil; wick­ed reprehensible.
—Malum in se. A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag. § 346. An act is said to be malum in se when it is inher­ently and essentially evil, that is, immoral in its nature and injurious in its consequences, without any regard to the fact of its being no­ticed or punished by the law of the state. Such are most or all of the offenses cognizable at common law, (without the denouncement of a statute;) as murder, larceny, etc.—Malum prohibitum. A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbid-
den by positive law; an act involving an ille­gality resulting from positive law. Contrasted with malum in se. Story, Ag. § 346.
Malum non habet efficientem, sed de-flcientem, causam. 3 Inst. Proem. Evil has not an efficient, but a deficient, cause.
Malum non prsesumitur. Wickedness is not presumed. Branch, Princ.; 4 Coke, 72a.
Malum quo communius eo pejus. The
more common an evil is, the worse it Is. Branch, Princ.
Mains usus abolendus est. A bad or
invalid custom is [ought] to be abolished. Litt § 212; Co. Litt 141; 1 Bl. Comm. 76; Broom, Max.* 921.
MALVEILLES. In old English law. Ill will; crimes and misdemeanors; malicious practices. Cowell.
MALVEIS PKOCUEORS. L. Fr. Such as used to pack juries, by the nomination of either party in a cause, or other practice. Cowell.
MALVEISA. A warlike engine to batter and beat down walls.
MALVERSATION. In French law. This word is applied to all grave and pun­ishable faults committed in the exercise of a charge or commission, (office,) such as corruption, exaction, concussion, larceny. Merl. Repert
MAN. A human being. A person of the male sex. A male of the human species above the age of puberty.
In feudal law. A vassal; a tenant or feudatory. The Anglo-Saxon relation of lord and man was originally purely personal, and founded on mutual contract. 1 Spence, Ch. 37. —Man of straw. See Men of Straw.
MANACLES. Chains for the hands; shackles.
MANAGE. To conduct; to carry on; to direct the concerns of a business or establish­ment Generally applied to affairs that are somewhat complicated and that involve skill and judgment. Com. v. Johnson, 144 Pa. 377, 22 Atl. 703; Roberts v. State, 26 Fla. 360, 7 South. 861; Ure v. Ure, 185 111. 216, 56 N. E. 1087; Youngworth v. Jewell, 15 Nev. 48; Watson v. Cleveland, 21 Conn. 541; The Silvia, 171 U. S. 462, 19 Sup. Ct 7, 43 L. Ed. 241.
r-Manager. A person chosen or appointed to manage, direct, or administer the affairs of an­other person or of a corporation or company. Com. v. Johnson, 144 Pa. 377, 22 Atl. 703; Oro Mia. & Mill. Co. v. Kaiser, 4 Colo. App.

MANAGE
753
MANDAMUS

219, 35 Pac. 677; Saunders v. United States Marble Co., 25 Wash. 475, 65 Pac. 782.—Man­agers of a conference. Members of the houses of parliament appointed to represent each house at a conference between the two houses. It is an ancient rule that the number of commons named for a conference should be double those of the lords. May, Pari. Pr. c. 16. —Managing agent. See Agent.—Manag­ing owner of ship. The managing owner of a ship is one of several co-owners, to whom the others, or those of them who join in the adven­ture, have delegated the management of the ship. He has authority to do all things usual and necessary in the management of the ship and the delivery of the cargo, to enable her to prosecute her voyage and earn freight, with the right to appoint an agent for the purpose. 6 Q. B. Div. 93; Sweet.
MANAGITTM. A mansion-house or dwell­ing-place. Cowell.
MANAS MEDLffi. Men of a mean con­dition, or of the lowest degree.
MANBOTE. In Saxon law. A compensa­tion or recompense for homicide, particularly due to the lord for killing his 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. Lat. In Roman law. A pur­chaser; one who took the article sold in his hand; a formality observed in certain sales. Calvin. A farmer of the public taxes.
MANCHE-FRESENT. A bribe; a pres­ent from the donor's own haDd.
MANCIPARE. Lat. In Roman law. To sell, alienate, or make over to another; to sell with certain formalities; to sell a per­son; one of the forms observed in the pro­cess of emancipation.
MANCIPATE. To enslave; to bind; to tie.
MANCIPATIO. Lat. In Roman law. A certain ceremony or formal process anciently required to be performed, to perfect the sale or conveyance of res mancipi, (land, houses, slaves, horses, or cattle.) The parties were present, (vendor and vendee,) with five wit­nesses and a person called "Ubripens," who held a balance or scales. A set form of words was repeated on either side, indicative of transfer of ownership, and certain pre­scribed gestures performed, and the vendee then struck the scales with a piece of copper, thereby symbolizing the payment, or weigh­ing out, of the stipulated price.
The ceremony of mancipatio was used, in later times, in one of the forms of making a will. The testator acted as vendor, and the heir (or familice emptor) as purchaser, the latter symbolically "buying the whole estate, or succession, of the former. The ceremony Bi-Law Dict.(2d Ed.)—48
was also used by a father in making a ficti­tious sale of his son, which sale, when three times repeated, effectuated the emancipation of the son.
MANCIPI RES. Lat. In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called "mancipatio," '(q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nee mancipi." The distinction was abolished by Justinian. The distinction corresponded as nearly as may be to the early distinction of English law into real and personal property; res mancipi be­ing objects of a military or agricultural char­acter, and res nee mancipi being all other subjects of property. Like personal estate, res nee mancipi were not originally either valuable in se or valued. Brown.
MANCIPIUM. Lat. In Roman law. The momentary condition in which a filius, etc., might be when in course of emancipation from the potestas, and before that emancipa­tion was absolutely complete. The condition was not like the dominica potestas over slaves, but slaves are frequently called "man-cipia" in the non-legal Roman authors. Brown.
MANCIPLE. A clerk of the kitchen, or caterer, especially in colleges. Cowell.
MANCOMUNAL. In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120.
MANDAMIENTO. In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one per­son commits to the gratuitous charge of an­other his affairs, a^d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1.
MANDAMUS, Lat We command. This is the name of a writ (formerly a high pre­rogative writ) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. See Lahiff v. St. Joseph, etc., Soc, 76 Conn. 648, 57 Atl. 692, 65 L. R. A. 92, 100 Am. St. Rep. 1012; Milster v. Spartanburg, 68 S. C. 243, 47 S. E. 141; State v. Carpenter, 51 Ohio St 83, 37 N. E. 261, 46 Am. St. Rep. 556; Chicago & N. W. R, Co. v. Crane, 113 U. S. 424, 5 Sup. Ct. 578, 28 L. Ed. 1064; Arnold v. Kennebec County, 93 Me. 117, 44 Atl. 364; Placard v. State, 148 Ind.

MANDAMUS
754
MANDATORY

305, 47 N. E. 623; Atlanta v. Wright, 119 Ga. 207, 45 S. E. 994; State v. Lewis, 76 Mo. 370; Ex parte Crane, 5 Pet 190, 8 L. Ed. 92; Marbury v. Madison, 1 Cranch, 158, 2 L. Ed. 60; U. S. v. Butterworth, 169 U. S. 600, 18 Sup. Ct. 441, 42 L. Ed. 873.
The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an order of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discre­tion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880, § 3373.
Classification. The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to issue the alternative writ first. This commands'the defendant to do the par­ticular act, or else to appear and show cause against it at a day named. If he neglects to obey the writ, and either makes default in his appearance or fails to show good cause against the application, the peremptory man­damus issues, which commands him absolute­ly and without qualification to do the act.
MANDANS. Lat In the civil law. The employing party in a contract of mandate. One who gives a thing in charge to another; one who requires, requests, or employs an­other to do some act for him. Inst. 3, 27, 1, et seq,
MANDANT. In French and Scotch law. The employing party in the contract of man-datum, or mandate. Story, Bailm. § 138.
Mandata licita recipiunt strictam in-terpretationem, sed illicita latam et ex-tensam. Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16.
MANDATAIRE. Fr. In French law. A person employed by another to do some act for him; a mandatary.
Mandatarius terminos sibi positos transgredi noa potest. A mandatary can­not exceed the limits assigned him. Jenk. Cent. 53.
MANDATARY. He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct 924, 35 L. Ed. 662.
MANDATE. In. practice. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree. Seaman v. Clarke, 60 App. Div. 416, 69 N.
Y. Supp. 1002; Horton v. State, 63 Neb. 34, 88 N. W. 146.
In the practice of the supreme court of the United States, the mandate is a precept or order issued upon the decision of an appeal or writ of error, directing the action to be taken, or disposition to be made of the case, by the inferior court
In some of the state jurisdictions, the name "mandate" has been substituted for "mandamus" as the formal title of that writ
In contracts. A bailment of property in regard to which the bailee engages to do some act without reward. Story, Bailm. { 137.
A mandate is a contract by which a lawful business is committed to the management of another, and by him undertaken to be perform­ed gratuitously. The mandatary is bound to the exercise of slight diligence, and is responsible for gross neglect. The fact that the mandator derives no benefit from the acts of the manda­tary is not of itself evidence of gross negligence. Richardson v. Futrell. 42 Miss. 525; Williams v. Conger, 125 U. S. 397, 8 Sup. Ct 933, 31 L. Ed. 778. A mandate, procuration, or letter of attorney is an act by which one person gives power to another to transact for him and in his name one or several affairs. The mandate may take place in five different manners,—for the interest of the person granting it only; for the joint interest of both parties; for the interest of a third person; for the interest of a third person and that of the party granting it; and, finally, for the interest of the mandatary and a third person. Civ. Code La. arts. 2985, 2986.
Mandates and deposits closely resemble each-other; the distinction being that in mandates the care and service are the principal, and the custody the accessory, while in deposits the custody is the principal thing, and the care and service are merely accessory. Story, Bailm. § 140.
The word may also denote a request or di­rection. Thus, a check is a mandate by the drawer to his banker to pay the amount to the transferee or holder of the check. 1 Q. B. Div. 33.
In the civil law. The instructions which the emperor addressed to a public function­ary, and which were rules for his conduct These mandates resembled those of the pro­consuls, the mandata jurisdictio, and were ordinarily binding on the legates or lieuten­ants of the emperor in the imperial provinces and there they had the authority of th« principal edicts. Sav. Dr. Rom. c. 3, § 24 no. 4.
MANDATO. In Spanish law. The con­tract of mandate. Escriche.
MANDATO, PANES DE. Loaves of bread given to the poor upon Maundy Thurs day.
MANDATOR. The person employing an­other to perform a mandate.
MANDATORY. Containing a command; preceptive; imperative; peremptory. A pro­vision in a statute is mandatory when dis­obedience to it will make the act done under

MANDATORY
755
MANOR

the statute absolutely void; if the provision is such that disregard of it will constitute an irregularity, but one not necessarily fatal, it Is said to be directory. So, the mandatory part of a writ is that which commands the person to do the act specified. —Mandatory injunction. See Injunction.
MANDATUM. Lat. In the civil law. The contract of mandate, (q. v,)
MANDAVI BAXLIVO. (I have com­manded or made my mandate to the bailiff.) In English practice. The return made by a sheriff, where the bailiff of a liberty has the execution of a writ, that he has commanded the bailiff to execute it 1 Tidd, Pr. 309; 2 Tidd, Pr. 1025.
MANENTES. Tenants. Obsolete. Cowell.
MANERA. In Spanish law. Manner or mode. Las Partidas, pt. 4, tit 4, 1. 2.
MANERIUM. In old English law. A manor.
Manerium dicitnr a manendo, secun­dum excellentiam, cedes magna, fixa, et stabilis. Co. Litt 58. A manor is so called from manendo, according to its excel­lence, a seat great fixed, and firm.
MANGONARE. In old English law. To buy in a market
MANGONELLUS. A warlike instrument for casting stones against the walls of a castle. Cowell.
MANHOOD. In feudal law. A term de­noting the ceremony of doing homage by the vassal to his lord. The formula used was, "Devenio vester homo" I become your man. 2 Bl. Comm. 54.
To arrive at manhood means to arrive at twenty-one years of age. Felton v. Billups, 21 N. C. 585.
MANIA. See Insanity.
MANIFEST. In maritime law. A sea-letter; a written document required to be carried by merchant vessels, containing an account of the cargo, with other particulars, for the facility of the customs officers. See New York & Cuba S. S. Co. v. U. S. (D. C.) 125 Fed. 320.
In evidence. That which is clear and re­quires no proof; that which is notorious.
Manifesta probatione non indigent. 7
Coke, 40. Things manifest do not require proof.
MANIFESTO. A formal written decla­ration, promulgated by a prince, or by the
executive authority of a state or nation, pro­claiming its reasons and motives for declar­ing a war, or for any other important inter­national action.
MANIPULT7S. In canon law. A hand­kerchief, which the priest always had in his left hand. Blount
MANKIND. The race or species of hu­man beings. In law, females, as well as males, may be included under this term. Fortesc. 91.
MANNER. This is a word of large sig­nification, but cannot exceed the subject to which it belongs. The incident cannot be extended beyond its principal. Wells v. Bain, 75 Pa. 39, 54, 15 Am. Rep. 563.
Manner does not necessarily include time. Thus, a statutory requirement that a mining tax shall be "enforced in the same manner" as cer­tain annual taxes need not imply an annual collection. State v. Eureka Consol. Min. Co., 8 Nev. 15, 29.
Also a thing stolen, in the hand of the thief; a corruption of "mainour" (q. v.)
MANNER AND FORM; MODO ET FORMA. Formal words introduced at the conclusion of a traverse. Their object is to put the party whose pleading is traversed not only to the proof that the matter of fact de­nied is, in its general effect, true as alleged, but also that the manner and form in which the fact or facts are set forth are also ca­pable of proof. Brown.
MANNING. A day's work of a man. Cowell. A summoning to court Spelman.
MANNIRE. To cite any person to ap­pear in court and stand in judgment there. It is different from oannire; for, though both of them are citations, this is by the adverse party, and that is by the Judge. Du Cange.
MANNOPUS. In old English law. Goods .taken in the hands of an apprehended thief. The same as "mainour," (q. v.)
MANNUS. A horse. Cowell.
MANOR. A house, dwelling, seat or residence.
In English law, the manor was origi­nally a tract of land granted out by the king to a lord or other great person, in fee. It was otherwise called a "barony" or "lord­ship," and appendant to it was the right to hold a court, called the "court-baron." The lands comprised in the manor were divided into terrw tenementales (tenemental lands or bocland) and terrw dominicales, or demesne lands. The former were given by the lord of the manor to his followers or retainers in freehold. The latter were such as he re-

MANOR
756
MANU BREVI
t malice, either express or implied; which may ,, be either voluntarily, upon a sudden heat, or e involuntarily, but in the commission of some f unlawful act 1 Hale, P. C. 466; 4 BL s Comm. 191.
i Manslaughter is the unlawful killing of a
r human creature without malice, either ex­press or implied, and without any mixture of deliberation whatever; which may be vol-', untary, upon a sudden heat of passion, or 8 involuntary, in the commission of an unlaw­ful act, or a lawful act without due caution and circumspection. Code Ga. 1882, § 4324; t Pen. Code Cal. § 192. And see Wallace v. U. 1 S., 162 U. S. 466, 16 Sup. Ct. 859, 40 L. Ed. 1039; Stokes v. State, 18 Ga. 35; Clarke v. £ State, 117 Ala. 1, 23 South. 671, 67 Am. St h Rep. 157; U. S. v. King (C. C.) 34 Fed. 309; People v. Maine, 51 App. Div. 142, 64 N. Y. Supp. 579; High v. State, 26 Tex. App. 545, ! 10 S. W. 238, 8 Am. St Rep. 488; State v. i Workman, 39 S. C. 151, 17 S. E. 694; State - v. Brown, 2 Marv. (Del.) 380, 36 Atl. 458; I U. S. v. Lewis (C. C.) Ill Fed. 632; State v. Zellers, 7 N. J. Law, 243.
The distinction between "manslaughter" and "murder" consists in the following: In the for­mer, though the act which occasions the death be unlawful or likely to be attended with bodily mischief, yet the malice, either express or im­plied, which is the very essence of murder, is i. presumed to be wanting in manslaughter. 1 East, P. C. 218; Comm. v. Webster, 5 Cush.
? (Mass.) 304, 52 Am. Dec. 711. It also differs
from "murder" in this: that there can be no
» accessaries before the fact there having been no time for premeditation. 1 Hale, P. C. 437; 1 Russ. Crimes, 485; 1 Bish. Crim. Law, 678.
—Voluntary manslaughter. In criminal law. Manslaughter committed voluntarily up­on a sudden heat of the passions; as if, upon a sudden quarrel, two persons fight, and one of them kills the other. 4 Bl. Comm. 190, 191.
j MANSO, or MANSUM. In old English
law. A mansion or house. Spelman.
—Mansum oapitale. The manor-house or lord's court. Paroch. Antiq. 150.
MANSTEAIiING. A word sometimes
? used synonymously with "kidnapping,"
(Q. v.)
\ MANSUETUS. Lat Tame; as though 1 accustomed to come to the hand. 2 BL 1 Comm. 391.
MANTEA. In old records. A long robe ' or mantle.
MANTHEOFF. In Saxon law. A horse­stealer.
MANTICUIiATE. To pick pockets.
MAN-TRAPS. Engines to catch tres­passers, now unlawful unless set in a dwell­ing-house for defense between sunset and sunrise. 24 & 25 Vict c. 100, § 31.
MANTJ BREVI. Lat. With a short hand. A term used in the civil law. signify-

MANU FORTI
757
MANUNG

lng shortly; directly; by the shortest course; without circuity.
MANU FORTI. Lat With strong hand. A term used in old writs of trespass. Manu forti et cum multitudine gentium, with strong hand and multitude of- people. Reg. Orig. 183.
MANU LONGA. Lat. With a long hand. A term used in the civil law, signifying iri-•directly or circuitously. Calvin.
MANU OPERA. Lat. Cattle or imple­ments of husbandry; also stolen goods tak­en from a thief caught in the fact Cowell.
MANU AX. Performed by the hand; used or employed by the hand; held in the hand. Thus, a distress cannot be made of tools in the "manual occupation" of the debtor.
—Manual delivery. Delivery of personal property sold, donated, mortgaged, etc., by pass­ing it into the "hand" of the purchaser or transferree, that is, by an actual and corporeal change of possession.—Manual gift. The manual gift, that is, the giving of corporeal movable effects, accompanied by a real delivery, is not subject to any formality. Civil Code La. art. 1539.—Manual labor. Labor performed by hand or by the exercise of physical force, with or without the aid of tools and of horses or other beasts of burden, but depending for its effectiveness chiefly upon personal muscular ex­ertion rather than upon skill, intelligence, or adroitness. See Lew Jim v. U. S., 66 Fed. 954, 14 C. C. A. 281; Martin v. Wakefield, 42 Minn. 176, 43 N. W 966, 6 L. R. A. 362; Breault v. Archambault, 64 Minn. 420, 67 N. W. 348, 58 Am. St Rep. 545.
MANUAXIA BENEFICIA. The daily distributions of meat and drink to the can­ons and other members of cathedral church­es for their present subsistence. Cowell.
MANUALIS OBEDLENTIA. Sworn obedience or submission upon oath. Cowell.
MANUCAPTIO. In old English prac­tice. A writ which lay for a man taken on suspicion of felony, and the like, who could not be admitted to bail by the sheriff, or others having power to let to mainprise. Fitzh. Nat Brev. 249.
MANUCAPTORS. The same as main­pernors, (q. v.)
MANUFACTORY. A building, the main or principal design or use of which is to be a place for producing articles as products of labor; not merely a place where some­thing may be made by hand or machinery, but what in common understanding is known as a "factory." Halpin v. Insurance Co., 120 N. Y. 73, 23 N. E. 989, 8 L. R. A. 79; Schott v. Harvey, 105 Pa. 227, 51 Am. Rep. 201; Franklin F. Ins. Co. v. Brock, 57 Pa. 82.
MANUFACTURE, v. The primary meaning of this word is "making with the
hand," but this definition is too narrow for its present use. Its meaning has expanded as workmanship and art have advanced, so that now nearly all artificial products of hu­man industry, nearly all such materials as have acquired changed conditions or new and specific combinations, whether from the direct action of the human hand, from chem­ical processes devised and directed by hu­man skill, or by the employment of machin­ery, are now commonly designated as "man­ufactured." Carlin v. Western Assur. Co., 57 Md. 526, 40 Am. Rep. 440; Evening Jour­nal Ass'n v. State Board of Assessors, 47 N. J. Law, 36, 54 Am. Rep. 114; Attorney General v. Lorman, 59 Mich. 157, 26 N. W. 311, 60 Am. Rep. 287; Kidd v. Pearson, 128 U. S. 1, 9 Sup. Ct. 6, 32 L. Ed. 346.
MANUFACTURE, n. In patent law. Any useful product made directly by human labor, or by tfle aid of machinery directed and controlled by human power, and either from raw materials, or from materials work­ed up into a new form. Also the process by which such products are made or fashioned.
—Domestic manufactures. This term in a state statute is used, generally, of manufactures within its jurisdiction. Com. v. Giltinan, 64 Pa. 100.
MANUFACTURER. One who is engag­ed in the business of working raw materi­als into wares suitable for use. People v. New York Floating Dry Dock Co., 63 How. Prac. (N. Y.) 453. See Mantjfactube.
MANUFACTURING CORPORATION.
A corporation engaged in the production of some article, thing, or object, by skill or labor, out of raw material, or from matter which has already been subjected to arti­ficial forces, or to which something has been added to change its natural condition. Peo­ple v. Knickerbocker Ice Co., 99 N. Y. 181, 1 N. E. 669. The term does not include a mining corporation. Byers v. Franklin Coal Co., 106 Mass. 135.
MANUMISSION. The act of liberating a slave from bondage and giving him free­dom. In a wider sense, releasing or deliv­ering one person from the power or control of another. See Fenwick v. Chapman, 9 Pet. 472, 9 L. Ed. 193; State v. Prall, 1 N. J. Law, 4.
Manumittere idem est quod estra manum vel potestatem ponere. Co. Litt. 137. To manumit is the same as to place beyond hand and power.
MANUNG, or MONUNG. In old Eng­lish law. The district within the jurisdic­tion of a reeve, apparently so called from his power to exercise therein one of his chief functions, viz., to exact (amanian) all fines.

MANUPES
758
MARCHETA

MANUPES. In old English law. A foot of full and legal measure.
MANUPRETIUM. Lat In Roman law. The hire or wages of labor; compensation for labor or services performed. See Mack-eld. Rom. Law, | 413.
MANURABLE. In old English law. Capable of being had or held in hand; capa­ble of manual occupation; capable of being cultivated; capable of being touched; tan­gible; corporeal. Hale, Anal. § 24.
MANURE. In old English law. To oc­cupy; to use or cultivate; to have in man­ual occupation; to bestow manual labor upon. Cowell.
MANUS. Lat A hand.
In the civil law, this woijd signified pow­er, control, authority, the right of physical coercion, and was often used as synonymous with "potesta8."
In old English law, it signified an oath or the person taking an oath; a compur­gator.
—Manns mortna. A dead hand; mortmain. Spelman.
MANUSCRIPT. A writing; a paper written with the hand; a writing that has not been printed. Parton v. Prang, 18 Fed. Cas. 1275; Leon Loan & Abstract Co. v. Equalization Board, 86 Iowa, 127, 53 N. W. 94, 17 L. R. A. 199, 41 Am. St. Rep. 486.
MANUTENENTIA. The old writ of maintenance. Reg. Orig. 182.
MANWORTH. In old English law. The price or value of a man's life or head. Co-well.
MANY. This term denotes a multitude, not merely a number greater than that de­noted by the word "few." Louisville & N. R. Co. v. Hall, 87 Ala. 708, 6 South. 277, 4 L. R. A. 710, 13 Am. St Rep. 84. But com­pare Hilton Bridge Const Co. v. Foster, 26 Misc. Rep. 338, 57 N. Y. Supp. 140, holding that three persons may be "many."
MANZIE. In old Scotch law. Mayhem; mutilation of the body of a person. Skene.
MAP. A representation of the earth's surface, or of some portion of it, showing the relative position of the parts represent­ed, usually on a flat surface. Webster. "A map is but a transcript of the region which it portrays, narrowed in compass so as to facilitate an understanding of the original." Banker v. Caldwell, 3 Minn. 103 (Gil. 55).
MARA. In old records. A mere or moor; a lake, pool, or pond; a bog or
marsh that cannot be drained. Cowell*, Blount; Spelman.
MARAUDER. "A marauder is defined In the law to be 'one who, while employed m the army as a soldier, commits larceny or robbery in the neighborhood of the camp, or while wandering away from the army.' But in the modern and metaphorical sense of the word, as now sometimes used in common speech, it seems to be applied to a class of persons who are not a part of any regular army, and are not answerable to any military discipline, but who are mere lawless banditti, engaged in plundering, robbery, murder, and all conceivable crimes." Curry v. Collins, 37 Mo. 328.
MARC-BANCO. The name of a piece of money formerly coined at Hamburg. Its value was thirty-five cents.
MARCA. A mark; a coin of the value of 13s. 4d. Spelman.
MARCATUS. The rent of a mark by the year anciently reserved in leases, etc.
MARCH. In Scotch law. A boundary line or border. Bell. The word is also used in composition; as march-dike, march-stone.
MARCHANDISES AVARIEES. In
French mercantile law. Damaged goods.
MARCHERS. In old English law. No­blemen who lived on the marshes of Wales or Scotland, and who, according to Camden, had their private laws, as if they had been petty kings; which were abolished by the statute 27 Hen. VIII. c. 26. Called also "lords marchers." Cowell.
MARCHES. An old English term for boundaries or frontiers, particularly the boundaries and limits between England and Wales, or between England and Scotland, or the borders of the dominions of the crown, or the boundaries of properties in Scotland. Mozley & Whitley.
—Marches, court of. An abolished tribunal in Wales, where pleas of debt or damages, not above the value of £50, were tried and deter­mined. Cro. Car. 384.
MARCHETA. In old Scotch law. A
custom for the lord of a fee to lie the first night with the bride of his tenant Abol­ished by Malcolm III. Spelman; 2 Bl. Comm. 83.
A fine paid by the tenant for the remission of such right, originally a mark or half a mark of silver. Spelman.
In old English law. A fine paid for leave to marry, or to bestow a daughter in marriage. CowelL

MARCHIONESS
759
MARISCHAL

MARCHIONESS. A dignity in a woman answerable to that of marquis in a man, con­ferred either by creation or by marriage with a marquis. Wharton.
MARE. Lat The sea.
—Mare clausum. The sea closed; that is, not open or free. The title of Selden's great work, intended as an answer to the Mare Lib-erum of Grotius; in which he undertakes to prove the sea to be capable of private dominion. 1 Kent, Comm. 27.—Mare liberum. The sea free. The title of a work written by Grotius against the Portuguese claim to an exclusive trade to the Indies, through the South Atlantic and Indian oceans; showing that the sea was not capable of private dominion. 1 Kent, Comm. 27.
MARESCAIiIiXJS. In old English law. A marshal; a master of the stables; an offi­cer of the exchequer; a military officer of high rank, having powers and duties similar to those of a constable. Du Cange. See Marshal.
MARESCHAL. L. Fr. Marshal; a high officer of the royal household. Britt. fol. 16.
MARETTUM. Marshy ground overflow­ed by the sea or great rivers. Co. Litt 5.
MARGIN. 1. The edge or border; the edge of a body of water where it meets the land. As applied to a boundary line of land, the "margin" of a river, creek, or other water-course means the center of the stream. Ex parte Jennings, 6 Cow. (N. Y.) 527, 16 Am. Dec. 447; Varick v. Smith, 9 Paige <N. Y.) 551. But In the case of a lake, bay, or natural pond, the "margin" means the line where land and water meet. Powler v. Vree-land, 44 N. J. Eq. 268, 14 Atl. 116; Lem-beck v. Andrews, 47 Ohio St. 336, 24 N. E. 686, 8 L. R. A. 578.
2. A sum of money, or its equivalent, placed in the hands of a stockbroker by the principal or person on whose account the purchase is to be made, as a security to the former against losses to which he may be exposed by a subsequent depression in the market value of the stock. Markham v. Jau-don, 49 Barb. (N. Y.) 468; Sheehy v. Shinn, 103 Cal. 325, 37 Pac. 393; Memphis Broker­age Ass'n v. Cullen, 11 Lea (Tenn.) 77; For-tenbury v. State, 47 Ark. 188, 1 S. W. 58.
MARGINAL NOTE. In Scotch law. A note inserted on the margin of a deed, em­bodying either some clause which was omit­ted in transcribing or some change in the agreement of the parties. Bell.
An abstract of a reported case, a summary of the facts, or brief statement of the prin­ciple decided, which is prefixed to the report of the case, sometimes in the margin, Is also spoken of by this name.
MARINAR1US. An ancient word which signified a mariner or seaman. In England,
marinwrius capitaneus was the admiral or warden of the ports.,
MARINE. Naval; relating or pertaining to the sea; transacted at sea; doing duty or service on the sea.
This is also a general name for the navy of a kingdom or state; as also the whole economy of naval affairs, or whatever re­spects the building, rigging, arming, equip­ping, navigating, and fighting ships. It com­prehends also the government of naval arma­ments, and the state of all the persons em­ployed therein, whether civil or military. Also one of the marines. Wharton. See Doughten v. Vandever, 5 Del. Ch. 73.
—Marine belt. That portion of the main or open sea, adjacent to the shores of a given country, over which the jurisdiction of its mu­nicipal laws and local authorities extends; de­fined by international law as extending out three miles from the shore. See The Alexander (D. C.) 60 Fed. 918.—Marine carrier. By stat­utes of several states this term is applied to carriers plying upon the ocean, arms of the sea, the Great Lakes, and other navigable waters within the jurisdiction of the United States. Civ. Code Cal. 1903, § 2087; Rev. & Ann. St Okl. 1903, § 652; Rev. Codes N. D. 1899, f 4176.—Marine contract. One relating to maritime affairs, shipping, navigation, marine insurance, affreightment, maritime loans, or other business to be done upon the sea or in connection with navigation.—Marine corps. A body of soldiers enlisted and equipped for service on board vessels of war; also the naval forces of the nation. U. S. v. Dunn, 120 U. S. 249, 7 Sup. Ct 507, 30 L. Ed. 667.—Marine court in the city of New York. A local court of New York having original jurisdiction of civil causes, where the action is for personal injuries or defamation, and of other civil actions where the damages claimed do not exceed $2,000. It is a court of record. It was originally created as a tribunal for the settlement of causes be­tween seamen.—Marine insurance. See In­surance.—Marine interest. Interest, al­lowed to be stipulated for at an extraordinary rate, for the use and risk of money loaned on respondentia and bottomry bonds.—Marine league. A measure of distance commonly em­ployed at sea, being equal to one-twentieth part of a degree of latitude, or three geographical or nautical miles. See Rockland, etc., S. Co., v. Fessenden, 79 Me. 140, 8 Atl. 552.—Marine risk. The perils of the sea; the perils neces­sarily incident to navigation.—Marine Socie­ty. In English law. A charitable institution for the purpose of apprenticing boys to the naval service, etc., incorporated by 12 Geo. III. c. 67.
MARINER. A seaman or sailor; one engaged in navigating vessels upon the sea.
MARINES. A body of infantry soldiers, trained to serve on board of vessels of war when in commission and to fight in naval en­gagements.
Maris et fceminse conjnnctio est de jure naturae. 7 Coke, 13. The connection of male and female is by the law of nature.
MARISCHAL. An officer In Scotland, who, with the lord high constable, possessed a supreme itinerant jurisdiction in all crimes

MARISCU8 1
committed within a certain space of the court, wherever it might happen to be. Wharton.
MARISCUS. A marshy or fenny ground. Co. Litt. 5a.
MARITAGIO AMISSO FEB DEFAXT-
AM. An obsolete writ for the tenant in frank-marriage to recover lands, etc., of which he was deforced.
MARITAGIUM. The portion which is given with a daughter in marriage. Also the power which the lord or guardian in chivalry had of disposing of his infant ward in matrimony.
—Maritaginm habere. To have the free dis­posal of an heiress in marriage.
Maritaginm est ant libernm ant ser-vitio obligatnm; libernm. maritaginm di-<sitnr nbi donator vult qnod terra sic data quieta sit et libera ab omni secu­lar! servitio. Co. Litt. 21. A marriage portion is either free or bound to service; it is called "frank-marriage" when the giver wills that land thus given be exempt from all secular service.
MARITAL. Relating to, or connected with, the status of marriage; pertaining to a husband; incident to a husband.
—Marital coercion. Coercion of the wife by the husband.—Marital portion. In Louisi­ana. The name given to that part of a deceas­ed husband's estate to which the widow is en­titled. Civ. Code La. art. 55 • Abercrombie v. Caffray, 3 Mart. N. S. (La.) 1.—Marital rights. The rights of a husband. The ex­pression is chiefly used to denote the right of a husband to property which his wife was en­titled to during the continuance of the marriage. See Kilburn v. Kilburn, 89 Cal. 46, 26 Pac. 636, 23 Am. St Rep. 447; McCown v. Owens, 15 Tex. Civ. App. 346, 40 S. W. 336.
MARITIMA ANGLIC. In old English law. The emolument or revenue coming to the king from the sea, which the sher­iffs anciently collected, but which was after­wards granted to the admiral. Spelman.
MARITIMA INCREMENTA. In old
English law. Marine increases. Lands gain­ed from the sea. Hale, de Jure Mar. pt 1, c. 4.
MARITIME. Pertaining to the sea or ocean or the navigation thereof; or to com­merce conducted by navigation of the sea or (in America) of the great lakes and rivers.
It is nearly equivalent to "marine" in many connections and uses; in others, the two words are used as quite distinct.
—Maritime cause. A cause of action orig­inating on the high seas, or growing out of a maritime contract. 1 Kent, Comm. 367, et seq. —Maritime contract. A contract whose sub­ject-matter has relation to the navigation of tb« seas or to trade or commerce to be con-
MARITIME
ducted by navigation or to be done upon the sea or in ports. Over such contracts the ad­miralty has concurrent jurisdiction with the common-law courts. Edwards v. Elliott, 21 Wall. 553, 22 L. Ed. 487; Doolittle v. Knobe-loch (D. C.) 39 Fed. 40; Holt v. Cummings, 102 Pa. 215, 48 Am. Rep. 199; De Lovio v. Boit, 7 Fed. Cas. 435; Freights of The Kate (D. C.) 63 Fed. 720.—Maritime court. A court exercising jurisdiction in maritime causes; one which possesses the powers and jurisdiction of a court of admiralty.—Maritime interest. An expression equivalent to marine interest, (9. v.)—Maritime jurisdiction. Jurisdiction in maritime causes; such jurisdiction as be­longs to a court of admiralty on the instance side.—Maritime law. That system of law which particularly relates to commerce and navigation, to business transacted at sea or re­lating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally. The law relating to harbors, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbors, prop­erty of ships, duties and rights of masters and seamen, contracts of affreightment, average, salvage, etc. Wharton; The Lottawanna, 21 Wall. 572. 22 L. Ed. 654; The Unadilla, (D. C.) 73 Fed. 351; Jervey v. The Carolina (D. C.) 66 Fed. 1013.—Maritime lien. A lien aris­ing out of damage done by a ship in the course of navigation, as by collision, which attaches to the vessel and freight, and is to be enforced by an action in rem in the admiralty courts. The Unadilla (D. C.) 73 Fed. 351; Paxson v. Cunningham, 63 Fed. 134, 11 C. C. A. Ill; The Underwriter (D. C.) 119 Fed. 715; Ste­phenson v. The Francis (D. C.) 21 Fed. 719. Maritime liens do not include or require pos­session. The word "lien" is used in maritime law not in the strict legal sense in which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive, but to ex­press, as if by analogy, the nature of claims which neither presuppose nor originate in pos­session. 22 Eng. Law & Eq. 62.—Maritime loan. A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condi­tion that if the thing upon which the loan has been made should be lost by any peril of the sea, or vis major, the lender shall not be repaid unless what remains shall be equal to the sum borrowed; and if the thing arrive in safety, or in case it shall not have been injured but by its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred. Emerig. Mar. Loans, c. 1, s. 2. And see The Draco, 7 Fed Cas. 1,042.—Maritime profit. A term used by French writers to signify any profit derived from a maritime loan.—Mari­time service. In admiralty law. A service rendered upon the high seas or a navigable river, and which has some relation to commerce or navigation,—some connection with a vessel employed in trade, with her equipment, her preservation, or the preservation of her cargo or 'crew. Thacbarey v. The Farmer, 23 Fed. Cas. 877; The Atlantic (D. C) 53 Fed. 609; Cope v. Vallette Dry-Dock Co. (C. C.) 16 Fed. 925.—Maritime state, in English law, con­sists of the officers and mariners of the British navy, who are governed by express and perma­nent laws, or the articles of the navy, estab­lished by act of parliament.—Maritime tort. A tort committed upon the high seas, or upon a navigable river or other navigable water, and hence falling within the jurisdiction of a court of admiralty. The term is never applied to a tort committed upon land, though relating to maritime matters. See The 'Plymouth, 3 WalL

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33,18 L. Ed. 125; Holmes v. Oregon & C. Ry. Co. (D. C.) 5 Fed. 77; In re Long Island, etc., Transp. Co. (D. C.) 5 Fed. 606; U. S. v. Bur­lington, etc., Ferry Co. (D. C.) 21 Fed. 336.
MARITUS. Lat A husband; a mar­ried man. Calvin.
MARK. 1. A character, usually in the form of a cross, made as a substitute for his signature by a person who cannot write, in executing a conveyance or other legal docu­ment. It is commonly made as follows: A third person writes the name of the marks­man, leaving a blank space between the Christian name and surname; in this space 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 manufactured goods to distinguish them from others, appearing thus in the compound. "trade-mark."
3.A token, evidence, or proof; as in the phrase "a mark of fraud."
4.A weight used in several parts of Eu­rope, and for several commodities, especially gold and silver. When gold and silver are sold by the mark, it is divided into twenty-four carats.

5.A money of accounts in England, and In some other countries a coin. The English mark is two-thirds of a pound sterling, or 13s. 4d.; and the Scotch mark is of equal value in Scotch money of account. Enc. Amer.
6.In early Teutonic and English law.
A species of village community, being the lowest unit in the political system; one of the forms of the gens or clan, variously known as the "mark," "gemeinde," "com­mune," or "parish." Also the land held in common by such a community. The union of several such village communities and their marks, or common lands, forms the next higher political union, the hundred. Freem. Compar. Politics, 116, 117.
7. The word is sometimes used as another
form of "marque," a license of reprisals.
—Demi-mark. Half a mark; a sum of mon­ey which was anciently required to be tendered in a writ of right, the effect of such tender be­ing to put the demandant, in the first instance, upon proof of the seisin as stated in his count; that is, to prove that the seisin was in the king's reign there stated. Rose. Real Act. 216. —•High and low water-mark. See Wateb-Mark.—Mark banco. See Marc Banco.
MARKEPENNY. A penny anciently paid at the town of Maldon by those who had gutters laid or made out of their houses into the streets. Wharton.
MARKET. A public time and appointed place of buying and selling; also purchase and sale. Caldwell v. Alton, 33 111. 419, 75 Am. Dec. 282; Taggart y. Detroit, 71 Mich.
92, 38 N. W. 714; Strickland y. Pennsyl­vania R. Co., 154 Pa. 348, 26 Atl. 431, 21 L. R. A. 224. It differs from the forum, or market of antiquity, which was a public market-place on one side 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.
The liberty, privilege, 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; as, "the cotton market in Europe is dull."
—Clerk of the market. See Clerk. -Market geld. The toll of a market.—Mar­ket overt. In English law. An open and public market. The market-place or spot of ground set apart by custom for the sale of par­ticular goods is, in the country, the only market overt; but in London every shop in which goods are exposed publicly to sale is market overt, for such things only as the owner pro­fesses to trade in. 2 Bl. Coram. 449; Godb. 131; 5 Coke, 83. See Fawcett r. Osborn, 32 111. 426, 83 Am. Dec. 278.—Market price. The actual price at which the given commodity is currently sold, or has recently been sold, in the open market, that is, not at a forced sale, but in the usual and ordinary course of trade and competition, between sellers and buyers equally free to bargain, as established by rec­ords of late sales. See Lovejoy v. Michels, 88 Mich. 15, 49 N. W. 901, 13 L. R. A. 770; Sanford v. Peck, 63 Conn. 486, 27 Atl. 1057; Douglas v. Merceles, 25 N. J. Eq. 147; Par-menter v. Fitzpatrick, 135 N. Y. 190, 31 N. E. 1032. The term also means, when price at the place of exportation is in view, the price at which articles are sold and purchased, clear of every charge but such as is laid upon it at the time of sale. Goodwin v. United States, 2 Wash. C. C. 493, Fed. Cas. No. 5,554.—Mar­ket towns. Those towns which are entitled to hold markets. 1 Steph. Comm. (7th Ed.) 130 —Market value. The market value of an article or piece of property is the price which it might be expected to bring if offered for sale in a fair market; not the price which might be obtained on a sale at public auction or a sale forced by the necessities of the owner, but such a price as would be fixed by negotiation and mutual agreement, after ample time to find a purchaser, as between a vendor who is willing (but not compelled) to sell and a purchaser who desires to buy but is not compelled to take the particular article or piece of property. See Winnipiseogee Lake, etc., Co. v. Gilford, 67 N. H. 514, 35 Atl. 945; Muser v. Magone, 155 U. S. 240, 15 Sup. Ct. 77, 39 L. Ed. 135; Esch, v. Railroad Co., 72 Wis. 229, 39 N. W. 129; Sharpe v. U. S.. 112 Fed. 898, 50 C. C. A 597, 57 L. R. A. 932; Little Rock Junction Ry. v. Woodruff, 49 Ark. 381, 5 S. W. 792, 4 Am. St. Rep. 51; Lowe v. Omaha, 33 Neb. 587, 50 N. W. 763; San Diego Land Co. v. Neale, 78 Cal. 63, 20 Pac. 372, 3 L. R. A. 83.—Market zeld, (properly market geld.) In old records. The toll of a market. Cowell.—Public market. A market which is not only open to the resort of the general public as purchasers, but also available to all who wish to offer their wares for sale, stalls, stands, or places being allotted to those who apply, to the limits of the capacity of the market, on payment of fixed rents or fees. See American Live Stock Commission Co. v. Chicago Live Stock Exchange, 143 111. 210, 32 N. E. 274, 18 L. R. A. 190, 36 Am. St. Rep. 385; State v. Fernandez, 39 La. Ann. 538, 2 South. 233; Cincinnati v. Buckingham, 10 Ohio, 257.

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MARKETABLE. Such things as may be sold in the market; those for which a buyer may be found.
—Marketable title. A "marketable title" to land is such a title as a court of equity, when asked to decree specific performance of the con­tract of sale, will compel the vendee to accept as sufficient. It is said to be not merely a defensible title, but a title which is free from plausible or reasonable objections. Austin v. Barnum, 52 Minn. 136, 53 N. W. 1132; Vought v. Williams, 46 Hun (N. Y.) 642; Brokaw v. Duffy, 165 N. Y. 391, 59 N. E. 196; Todd v. Union Dime Sav. Inst., 128 N. Y. 636, 28 N. E. 504.
MARKSMAN. In practice and convey­ancing. One who makes his mark; a person who cannot write, and only makes his mark In executing instruments. Arch. N. Pr. 13; 2 Chit. 92.
MARLBRIDGE, STATUTE OF. An
English statute enacted in 1267 (52 Hen. III.) at Marlbridge, (now called "Marlbor­ough,") where parliament was then sitting. It related to land tenures, and to procedure, and to unlawful and excessive distresses.
MARQUE AND REPRISAL, LET­TERS OF. These words, "marque" and "reprisal," are frequently used as synony­mous, but, taken in their strict etymological sense, the latter signifies a "taking in re­turn ;" the former, the passing the frontiers (marches) in order to such taking. Letters of marque and reprisal are grantable, by the law of nations, whenever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs; and the par­ty to whom these letters are granted may then seize the bodies or the goods of the sub­jects of the state to which the offender be­longs, until satisfaction be made, wherever they happen to be. found. Reprisals are to be granted only in case of a clear and open denial of justice. At the present day, in consequence partly of treaties and partly of the practice of nations, the making of re­prisals is confined to the seizure of commer­cial property on the high seas by public cruisers, or by private cruisers specially au­thorized thereto. Brown.
MARQUIS, or MARQUESS. In English law. One of the second order of nobility; next in order to a duke.
MARQUISATE. The seigniory of a mar­quis.
MARRIAGE. Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incum­bent on those whose association is founded on the distinction of sex. 1 Bish. Mar. &
Div. § a And see State v. Fry, 4 Mo. 126; Mott v. Mott, 82 Cal. 413, 22 Pac. 1140; Reynolds v. U. S., 98 U. S. 165, 25 L. Ed. 244; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct. 723, 31 L. Ed. 654; Wade v. Kalbfleisch, 58 N. Y. 284, 17 Am. Rep. 250; State v. Bittick, 103 Mo. 183, 15 S. W. 325, 11 L. R. A. 587; 23 Am. St. Rep. 869; Allen v. Allen, 73 Conn. 54, 46 Atl. 242, 49 L E. A. 142, 84 Am. St. Rep. 135.
A contract, according to the form pre­scribed by law, by which a man and woman, capable of entering into such contract, mutu­ally engage with each other to live their whole lives together in the state of union which ought to exist between a husband and wife. Shelf. Mar. & Div. 1.
Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual as­sumption of marital rights, duties, or obliga­tions. Civil Code Cal. § 55.
Marriage is the union of one man and one woman, "so long as they both shall live," to the exclusion of all others, by an obligation which, during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by authority of the state. Roche v. Washington, 19 Ind. 53, 81 Am. Dec. 376.
The word also signifies the act, ceremony, or formal proceeding by which persons take each other for husband and wife.
In old English law, marriage is used in the sense of "maritagium," (q. v.,) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in mar­riage.
—Avail of marriage. See that title.—Com­mon-law marriage. See Common Law.— Jactitation of marriage. See Jactitation. —Marriage articles. Articles of agreement between parties contemplating marriage, intend­ed as preliminary to a formal marriage set­tlement, to be drawn after marriage. Ath. Mar. Sett. 92.—Marriage brokage. The act by which a third person, for a consideration, negotiates a marriage between a man and wo­man. The money paid for such services is al­so known by this name. Hellen v. Anderson, 83 111. App. 509; White v. Equitable Nuptial Ben. Union, 76 Ala. 251, 52 Am. Rep. 325. —Marriage ceremony. The form, religious or civil, for the solemnization of a marriage.—? Marriage consideration. The consideration furnished by an intended marriage of two per­sons. It is the highest consideration known to the law.—Marriage license. A license of permission granted by public authority to per­sons who intend to intermarry. By statute in some jurisdictions, it is made an essential pre­requisite to the lawful solemnization of the mar­riage.—Marriage-notice book. A book kept, in England, by the registrar, in which applica­tions for and issue of registrar's licenses to mar­ry are recorded.—Marriage portion. Dowry; a sum of money or other property which is given to or settled on a woman on her marriage. In re Croft, 162 Mass. 22, 37 N. E. 784.— Marriage promise. Betrothal; engagement to intermarry with another. Perry v. Orr, 35 N. J. Law, 296.—Marriage settlement. A written agreement in the nature of a convey* ance, called a "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about

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MARTIAL LAW

to intermarry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, t. e., fixed or lim­ited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited 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, in which case they are called "post-nuptial. — Mixed marriage. A marriage between per­sons of different nationalities; or, more par­ticularly, between persons of different racial origin; as between a white person and a negro or an Indian.—Morganatic marriage. The lawful and inseparable conjunction of a man, of noble or illustrious* birth, with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or suc­ceed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restric­tions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. Wharton.—Plural marriage. In general, any bigamous or polygamous union, but particularly, a second or subsequent marriage of a man who already has one wife living, under the system of polygamy as practised by Mormons. See Freil v. Wood, 1 Utah, 165.—Scotch mar­riage. A marriage contracted without any formal solemnization or religious ceremony, by the mere mutual agreement of the parties per verba de prwsenti in the presence of witnesses, recognized as valid by the Scottish law.
MARRIED WOMAN. A woman who has a husband living and not divorced; a feme covert.
MARSHAL. In old English law. The
title borne by several officers of state and of the law, of whom the most important were the following: (1) The earl-marshal, who presided in the court of chivalry; (2) the marshal of the king's house, or knight-mar­shal, whose special authority was in the king's palace, to hear causes between mem­bers of the household, and punish faults committed within the verge; (3) the mar­shal of the king's bench prison, who had the custody of that jail; (4) the marshal of the exchequer, who had the custody of the king's debtors; (5) the marshal of the judge of assize, whose duty was to swear in the grand jury.
In American law. An officer pertaining to the organization of the federal judicial system, whose duties are siniilar to those of a sheriff. He is to execute the process of the United States courts within the dis­trict for which he is appointed, etc.
Also, in some of the states, this is the name of an officer of police, in a city or borough, having powers and duties corres­ponding generally to those of a constable or sheriff.
—Marshal of the queen's bench. An of­ficer who had the custody of the queen's bench
prison. The St. 5 & 6 Vict. c. 22, abolished this office, and substituted an officer called "keeper of the queen's prison."
MARSHALING. Arranging, ranking, or disposing in order; particularly, in the case of a group or series of conflicting claims or interests, arranging them in such an order of sequence, or so directing the manner of their satisfaction, as shall secure justice to all persons concerned and the largest possi­ble measure of satisfaction to each. See sub-titles infra.
—Marshaling assets. In equity. The ar­ranging or ranking of assets in the due order of administration. Such an arrangement of the different funds under administration as shall enable all the parties having equities therein to receive their due proportions, notwithstand­ing any intervening interests, liens, or other claims of particular persons to prior satisfaction out of a portion of these funds. The arrange­ment or ranking of assets in a certain order towards the payment of debts. 1 Story, "Eq. Jur. § 558; 4 Kent, Comm. 421. The arrange­ment of assets or claims so as to secure the proper application of the assets to the various claims; especially when there are two classes of assets, and some creditors can enforce their claims against both, and others against only one, and the creditors of the former class are com­pelled to exhaust the assets against which they alone have a claim before having recourse to other assets, thus providing for the settlement of as many claims as possible. Pub. St. Mass. p. 1292.—Marshaling liens. The ranking or ordering of several estates or parcels of land, for the satisfaction of a judgment or mortgage to which they are all liable, though successive­ly conveyed away by the debtor. The rule is that, where lands subject to the lien of a judg­ment or mortgage have been sold or incumbered by the owner at different times to different pur­chasers, the various tracts are liable to the satisfaction of the lien in the inverse order of their alienation or incumbrance, the land last sold being first chargeable. 1 Black, Judgm. § 440.—Marshaling securities. An equitable practice, which consists in so ranking or ar­ranging classes of creditors, with respect to the assets of the common debtor, as to provide for satisfaction of the greatest number of claims. The process is this: Where one class of cred­itors have liens or securities on two funds, while another class of creditors can resort to only one of those funds, equity will compel the doubly-secured creditors to first exhaust that fund which will leave the single security of the other creditors intact. See 1 Story, Eq. Jur. § 633.
MARSHALSEA In English law. A prison belonging to the king's bench. It has now been consolidated with others, un­der the name of the "King's Prison." —Marshalsea, court of. The court of the Marshalsea had jurisdiction in actions of debt or torts, the cause of which arose within the verge of the royal court. It was abolished by St. 12 & 13 Vict. c. 101. 4 Steph. Comm. 317, note d.
MART. A place of public traffic or sale.
MARTE SUO DECURRERE. Lat. 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 system of law, ob­taining only in time of actual war and grow-

MARTIAL LAW
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MASTER

ing out of the exigencies thereof, arbitrary in its character, and depending only on the will of the commander of an army, which is established and administered in a place or district of hostile territory held in belligerent possession, or, sometimes, in places occupied or pervaded by insurgents or mobs, and which suspends all existing civil laws, as well as the civil authority and the ordinary administration of justice. See In re Ezeta (D. C) 62 Fed. 972; Diekelman v. U. S., 11 Ct CI. 439; Com. v. Shortall, 206 Pa. 165, 55 Atl. 952, 65 L E. A. 193, 98 Am. St. Rep. 759; Griffin v. Wilcox, 21 Ind. 377. See, also, Militajby Law.
"Martial law, which is built upon no settled principles, but is entirely arbitrary in its deci­sions, is in truth and reality no law, but some­thing indulged rather than allowed as a law. The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in tiifle of peace, when the king's courts are open for all persons to receive justice according to the laws of the land." 1 Bl. Comm. 413.
Martial law is neither more nor less than the will of the general who commands the army. It overrides and suppresses all existing civil laws, civil officers, and civil authorities, by the arbi­trary exercise of military power; and every citi­zen or subject—in other words, the entire (popu­lation of the country, within the confines of its power—is subjected to the mere will or caprice of the commander. He holds the lives, liberty, and property of all in the palm of his hand. Martial law is regulated 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 executioner. In re Egan, 5 Blatchf. 321, Fed. Cas. No. 4,303.
Martial law is not the same thing as military law. The latter applies only to persons connected with the military forces of the country or to affairs connected with the army or with war, but is permanent in Its nature, specific in its rules, and a recog­nized part of the law of the land. The former applies, when in existence, to all per­sons alike who are within the territory cov­ered, but is transient in its nature, existing only in time of war or insurrection, is not specific or always the same, as it depends on the will and discretion of the military commander, and is no part of the law of the land.
MARTINMAS. The feast of St. Martin of Tours, on the 11th of November; some­times corrupted into "Martilmas" or "Mar-tlemas." It is the third of the four cross quarter-days of the year. Wharton.
MARUS. In old Scotch law. A maire; an officer or executor of summons. Other­wise called "prceco regis." Skene.
MASAGIUM. L. Lat. A messuage.
MASSA. In the civil law. A mass; an unwrought substance, such as gold or silver, before it is wrought into cups or other ar­ticles. Dig. 47, 2, 52, 14; Fleta, lib. 2, c 60, §§ 17, 22.
MAST. To fatten with mast, (acorns, etc.) 1 Leon. 186.
MAST-SELLING. In old English law. The practice of selling the goods of dead seamen at the mast. Held void. 7 Mod. 141.
MASTER. One having authority; one who rules, directs, instructs, or superin­tends; a head or chief; an instructor; an employer. Applied to several judicial offi­cers. See infra.
—Master and servant. The relation of mas­ter and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. Sweet. —Master at common law. The title of of­ficers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys paid into court. There are five to each court. They are appointed under St. 7 Wm. IV. and 1 Vict. c. 30, passed in 1837. Mozley & Whitley.— Master in chancery. An officer of a court of chancery who acts as an assistant to the judge or chancellor. His office is to inquire into such matters as may be referred to him by the court, examine cause's, take testimony, take accounts, compute damages, etc., reporting his findings to the court in such shape that a decree may be made; also to take oaths and affidavits and acknowledgments of deeds. In modern prac­tice, many of the functions of a master are per­formed by clerks, commissioners, auditors, and referees, and in some jurisdictions the office has been superseded. See Kimberly v. Arms, 129 U. S. 512, 9 Sup. Ct 355, 32 L. Ed. 764; Schuchardt v. People, 99 111. 501, 39 Am. Rep. 34.—Master in lunacy. In English law. The masters in lunacy are judicial officers 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. 511-513.—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, as the representative and con­fidential agent of the owner. He is commonly called the "captain." See Martin v. Farns-worth, 33 N. Y. Super. Ct 260; Hubbell v. Denison, 20 Wend. (N. Y.) 181.—Master of the crown office. The king's coroner and at­torney in the criminal department of the court of king's bench, who prosecutes at the relation of some private person or common informer, the crown being the nominal prosecutor. St. 6 & 7 Vict c. 20; Wharton.—Master of the facul­ties. In English law. An officer under the archbishop, who grants licenses and dispensa­tions, etc.—Master of the horse. In English law. The third great officer of the royal house­hold, being next to the lord steward and lord chamberlain. He has the privilege of making use of any horses, footmen, or pages belonging to the royal stables.—Master of the mint. In English law. An officer who receives bullion for coinage, and pays for it, and superintends everything belonging to the mint. He is usual­ly called the "warden of the mint." It is pro­vided by St. 33 Vict, c 10, § 14, that the chan­cellor of the exchequer for the time being shall be the master of the mint—Master of the ordnance. In English law. A great officer, to whose care all the royal ordnance and artil­lery were committed.—Master of the rolls* In English law. An assistant judge of the

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765
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court of chancery, who holds a separate court ranking 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 records appertaining to the common-law depart­ment of the court, and is still properly the chief of the masters in chancery. 3 Steph. Oomm. 417. Under the act constituting the supreme court of judicature, the master of the rolls be­comes a judge of the high court of justice and ex officio a member of the court of appeal. The same act, however, provides for the abolition of this office, under certain conditions, when the next vacancy occurs. See 36 & 37 Vict. c. 66, §§ 5, 31, 32.—Masters of the supreme court. In English law. Officials deriving their title from Jud. (Officers') Act 1879, and being, or filling the places of, the sixteen masters of the common-law courts, the »queen's coroner and attorney, the master of the crown office, the two record and writ clerks, and the three asso­ciates. Wharton.—Master of the Temple. The chief ecclesiastical functionary of the Tem­ple Church.—Master's report. The formal report or statement made by a master in chan­cery of his decision on any question referred to him, or of any facts or action he has been directed to ascertain or take.—Special master. A master in chancery appointed to act as the representative of the court in some particular aet or transaction, as, to make a sale of prop­erty under a decree. Guaranty Trust, etc., Co. v. Delta & Pine Land Co., 104 Fed. 5, 43 C. C. A. 396; Pewabic Min. Co. v. Mason, 145 U. S. 349, 12 Sup. Ct. 887, 36 L. Ed. 732. —Taxing masters. Officers of the English supreme court, who examine and allow or dis­allow items in bills of costs.
MASURA. In old records. A decayed house; a wall; the ruins of a building; a certain quantity of land, about four oxgangs.
MATE,. The officer second in command on a merchant vessel. Ely v. Peck, 7 Conn. 242; Millaudon v. Martin, 6 Rob. (La.) 539.
MATELOTAGE. In French law. The hire of a ship or boat.
MATER-FAMILIAS. Lat. In the civil law. The mother or mistress of a family. A chaste woman, married or single. Calvin.
MATERIA. Lat In the civil law.
Materials; as distinguished from species, or the form given by labor and skill. Dig. 41, 1, 7, 7-12; Fleta, lib. 3, c. 2, § 14.
Materials (wood) for building, as distin­guished from "lignum." Dig. 32, 55, pr.
In English law. Matter; substance; subject-matter. 3 Bl. Comm. 322.
MATERIAL. Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. An allegation is said to be material when it forms a substan­tive part of the case presented by the plead­ing. Evidence offered in a cause, or a ques­tion propounded, is material when it is rele­vant and goes to the substantial matters in dispute, or has a legitimate and effective
Influence or bearing on the decision of the case.
—Material allegation. A material allega­tion in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Lusk v. Perkins, 48 Ark. 247, 2 S. W. 847; Gillson v. Price, 18 Nev. 109, 1 Pac. 459. A material alteration in any written instrument is one which changes its tenor, or its legal mean­ing and effect; one which causes it to speak a language different in effect from that which it originallv spoke. White v. Harris. 69 S. C. 65, 48 S. E. 41, 104 Am. St. Rep. 791; Fox-worthy v. Colby, 64 Neb. 216, 89 N. W. 800, 62 U R. A. 393; Organ v. Allison, 9 Baxt. (Tenn.) 462.—Material fact. See Fact.— Material-man. A person who has furnished materials used in the construction or repair of a building, structure, or vessel. See Curlett v. Aaron, 6 Houst. (Del.) 478.
MATERIALITY. The property or char­acter of being material. See Matebiax.
MATERIALS. The substance or matter of which anything is made; matter furnished for the erection of a house, ship, or other structure; matter used or intended to be used in the construction of any mechanical product. See Moyer v. Pennsylvania Slate Co., 71 Pa. 293.
MATERNA MATERNIS. Lat A max­im of the French law, signifying that prop­erty of a decedent acquired by him through his mother descends to the relations on the mother's side.
MATERNAL. That which belongs to, or comes from, the mother; as maternal au­thority, maternal relation, maternal estate, maternal line.
—Maternal property. That which comes from the mother of the party, and other ascend­ants of the maternal stock. Dom. Liv. Pr6J. t. 3, s. 2, no. 12.
MATERNITY. The character, relation, state, or condition of a mother.
MATERTERA. Lat. In the civil law. A maternal aunt; a mother's sister. Inst. 3, 6, 1; Bract, fol. 686.
—Matertera magna. A great aunt; a grand­mother's sister, (avice soror.) Dig. 38, 10, 10, 15.—Matertera major. A greater aunt; a great-grandmother's sister, (proavice soror;) a father's or mother's great-aunt, (patris vel ma­ins matertera magna.) Dig. 38, 10, 10, 16. —Matertera maxima. A greatest aunt; a great-great-grandmother's sister, (aoavice soror;) a father's or mother's greater aunt, (patris vet matris matertera major.) Dig. 38, 10, 10, 17.
MATHEMATICAL EVIDENCE. See
Evidence.
MATRICIDE. The murder of a mother; or one who has slain his mother.
MATRICULA. In the civil and old Eng­lish law. A register of the admission of of­ficers and persons entered into any body or

MATRICULATE
766
MAUGBE

society, whereof a list was made. Hence those who are admitted to a college or uni­versity are said to be "matriculated." Also a kind of almshouse, which had revenues appropriated to it, and was usually built near the church, whence the name was giv­en to the church itself. Wharton.
MATRICULATE. To enter as a stu­dent in a university.
Matrimonia debent esse libera. Mar­riages ought to be free. A maxim of the civil law. 2 Kent, Comm. 102.
MATRIMONIAL. Of or pertaining to matrimony or the estate of marriage.
—Matrimonial causes. In English ecclesias­tical law. Causes of action or injuries respect­ing the rights of marriage. One of the three divisions of causes or injuries cognizable by the ecclesiastical courts, comprising suits for jacti­tation of marriage, and for restitution of con­jugal rights, divorces, and suits for alimony. 3 Bl. Comm. 92-94; 3 Steph. Comm. 712-714. —Matrimonial cohabitation. The living together of a man and woman ostensibly as husband and wife. Cox v. State, 117 Ala. 103, 23 South. 806, 41 L E. A. 760, 67 Am. St. Rep. 166; Wilcox v. Wilcox, 46 Hun (N. Y.) 37. Also the living together of those who are legally husband and wife, the term carrying with it, in this sense, an implication of mutual rights and duties as to sharing the same habita­tion. Forster v. Forster, 1 Hagg. Consist. 144; U. S. v. Cannon, 4 Utah, 122, 7 Pac. 369.
MATRIMONIUM. Lat. In Roman law. A legal marriage, contracted in strict ac­cordance with the forms of the older Roman law, i. e., either with the farreum, the co-emptio, or by usus. This was allowed only to Roman citizens and to those neighboring peoples to whom the right of connubvum had been conceded. The effect of such a mar­riage was to bring the wife into the manus, or marital power, of the husband, and to create the patria potestas over the children.
Matrimonium subsequens tollit pec-eatum prsecedens. Subsequent marriage cures preceding criminality.
MATRIMONY. Marriage, (q. v.,) In the sense of the relation or status, not of the ceremony.
MATRIX. In the civil law. The proto­col or first draft of a legal instrument, from which all copies must be taken. See Down­ing v. Diaz, 80 Tex. 436, 16 S. W. 53.
MATRIX ECCLESIA. Lat A mother church. This term was anciently applied to a cathedral, in relation to the other church­es in the same see, or to a parochial church, in relation to the chapels or minor churches attached to it or depending on it. Blount.
MATRON. A married woman; an eld­erly woman. The female superintendent of an establishment or institution, such as a
hospital, an orphan asylum, etc., Is often so called.
MATRONS, JURY OF. Such a jury is impaneled to try if a woman condemned to death be with child.
MATTER. Facts; substance as distin­guished from form; the merits of a case.
—Matter in controversy, or in dispute.
The subject of litigation; the matter for which a suit is brought and upon which issue is join­ed. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 567. —Matter in deed. Such matter as may be
Sroved or established by a deed or specialty. [atter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. PI. 197.—Matte* in issue. That upon which the plaintiff pro­ceeds in his action, *&nd which the defendant controverts by his pleadings, not including facts offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec. 675. That ultimate fact or state of facts in dispute upon which the verdict or finding is predicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm. § 614, and cases cited.—Matter in pais. Matter of fact that is not in writing; thus distinguished from mat­ter in deed and matter of record; matter that must be proved by parol evidence.—Matter of course. Anything done or taken in the course of routine or usual procedure, which is permis­sible and valid without being specially applied for and allowed.—Matter of fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. Distinguished from matter of law.—Matter of form. See Form.—Matter of law. Whatever is to be ascertained or de­cided by the application of statutory rules or the principles and determinations of the law, as distinguished from the investigation of par­ticular facts, is called "matter of law."—Mat­ter of record. Any judicial matter or pro­ceeding entered on the records of a court, and to be proved by the production of such record. It differs from matter in deed, which consists of facts which may be proved by specialty.— Matter of substance. That which goes to the merits. The opposite of matter of form. —Matters of subsistence for man. This phrase comprehends all articles or things, wheth­er animal or vegetable, living or dead, which are used for food, and whether they are consum­ed in the form in which they are bought from the producer or are only consumed after under­going a process of preparation, which is greater or less, according to the character of the article. Sledd v. Com., 19 Grat. (Va.) 813.
Matter in ley ne serra mise in boutehe del jurors. Jenk. Cent. 180. Matter of law shall not be put into the mouth of the jurors.
Maturiora sunt vota mulierum quam virorum. 6 Coke, 71. The desires of wo­men are more mature than those of men; i. e., women arrive at maturity earlier than men.
MATURITY. In mercantile law. The time when a bill of exchange or promissory note becomes due. Story, Bills, § 329. Gil­bert v. Sprague, 88 111. App. 508; Wheeless v. Williams, 62 Miss. 371, 52 Am. Rep. 190.
MAUGRE. L. Fr. In spite of; against the will of. Litt J 672.

MAUNDY THURSDAY 767
MEANDER

MAUNDY THURSDAY. The day pre­ceding Good Friday, on which princes gave alms.
MAXIM. An established principle or proposition. A principle of law universally admitted, as being a correct statement of the law, or as agreeable to natural reason.
Coke defines a maxim to be "conclusion of reason," and says that it is so called "quia maxima ejus dignitas et certissima auctori-tas, et quod maxime omnibus prooetur." Co. Litt. 11a. He says in another place: "A maxime is a proposition to be of all men confessed and granted without proofe, ar­gument, or discourse." Id. 67a.
The maxims of the law, in Latin, French, and English, will be found distributed through this book in their proper alphabet­ical order.
Maxime pact sunt contraria vis et in­juria. The greatest enemies to peace are force and wrong. Co. Litt. 1616.
Hazimm erroris populns magister.
Bacon. The people is the greatest master of error.
"MAY," In the construction of public statutes, is to be construed "must" in all cases where the legislature mean to impose a positive and absolute duty, and not mere­ly to give a discretionary power. Minor v. Mechanics' Bank, 1 Pet 46, 64, 7 L. Ed. 47; New York v. Furze, 3 Hill (N. Y.) 612, 615.
MAYHEM. In criminal law. The act of unlawfully and violently depriving an­other of the use of such of his members as may render him less able, in fighting, either to defend himself or annoy his adversary. 4 Bl. Comm. 205. Foster v. People, 50 N. Y. 604; Terrell v. State, 86 Tenn. 523, 8 S. W. 212; Adams v. Barrett, 5 Ga. 412; Foster v. People, 1 Colo. 294.
Every person who unlawfully and mali­ciously deprives a human being of a member of his body, or disables, disfigures, or ren­ders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem. Pen. Code Cal. I 203.
MAYHEMAVIT. Maimed. This is a term of art which cannot be supplied in pleading by any other word, as mutilavit, truncavit, etc. 3 Thorn. Co. Litt 548; Com. v. Newell, 7 Mass. 247.
MAYN. L. Fr. A hand; handwriting. Britt c. 28.
MAYNOVER. L. Fr. A work of the hand; a thing produced by manual labor. Yearb. M. 4 Edw. IIL 38.
MAYOR. The executive head of a mu­nicipal corporation; the governor ,or chief
magistrate of a city. Waldo v. Wallace, 12 Ind. 577; People v. New York, 25 Wend. (N. Y.) 36; Crovatt v. Mason, 101 Ga. 246, 28 S. E. 89L
—Mayor's court. A court established in some cities, in which the mayor sits with the powers of a police judge or committing magistrate in respect to offenses committed within the city, and sometimes with civil jurisdiction in small causes, or other special statutory powers.—May­or's court of Xiondon. An inferior court hav­ing junsdiction in civil cases where the whole cause of action arises within the city of Lon­don.—Mayoralty. The office or dignity of a mayor.—Mayoress. The wife of a mayor.
MAYORAZGO. In Spanish law. The right to the enjoyment of certain aggregate property, left with the condition thereon imposed that they are to pass in their in­tegrity, perpetually, successively to the eldest son. Schm. Civil Law, 62
MEAD. Ground somewhat watery, not" plowed, but covered with grass and flowers. Enc. Lond.
MEAD OWl A tract of low or level land producing grass which is mown for hay. Webster.
A tract which lies above the shore, and is overflowed by spring and extraordinary tides only, and yields grasses which are good for hay. Church v. Meeker, 34 Conn. 429. See State v. Crook, 132 N. C. 1053, 44 S. E. 32; Scott v. Willson, 3 N. H. 322; Barrows v. McDermott, 73 Me. 441.
MEAL-RENT. A rent formerly paid in meal.
MEAN, or MESNE. A middle between two extremes, whether applied to persons, things, or time.
MEANDER. To meander means to fol­low a winding or flexuous course; and when it is said, in a description of land, "thence with the meander of the river," it must mean a meandered line,—a line which follows the sinuosities of the river,—or, in other words, that the river is the boundary be­tween the points indicated. Turner v. Park­er, 14 Or. 341, 12 Pac. 495; Schurmeier v. St Paul & P. R. Co., 10 Minn. 100 (Gil. 75), 88 Am. Dec. 59.
This term is used in some jurisdictions with the meaning of surveying and mapping a stream according to its meanderings, or windings and turnings. See Jones v. Petti-bone, 2 Wis. 317.
—Meander lines. Lines run in surveying particular portions of the public lands which border on navigable rivers, not as boundaries of the tract, but for the purpose of .defining the sinuosities of the banks of the stream, and as the means of ascertaining the quantity of land in the fraction subject to sale, and which is to be paid for by the purchaser. In preparing the official plat from the field notes, the mean­der line is represented as the border line of the stream, and shows that the water-course, and

MEANS
768 MEDIM ET INFIRM-ffi!

not the meander line as naturally run on the ground, is the boundary. St. Paul & P. R. Co. v. Schurmeier, 7 Wall. 286, 19 L. Ed. 74; Niles v. Cedar Point Club, 175 U. S. 300, 20 Sup. Ct. 124, 44 L. Ed. 171.
MEANS. 1. The instrument or agency through which an end or purpose is accom­plished.
2. Resources; available property; money or property, as an available instrumentality for effecting a purpose, furnishing a liveli­hood, paying a debt, or the like.
—Means of support. This term embraces all those resources from which the necessaries and comforts of life are or may be supplied, such as lands, goods, salaries, wages, or other sourc­es of income. Meidel v. Anthis, 71 111. 241.
MEASE, or MESE. Norman-French for a house. Litt §§ 74, 251
MEASON-DUE. (Corruption of maison 4e Dieu.) A house of God; a monastery; religious house or hospital. See 39 Eliz. c. 5.
MEASURE. That by which extent or dimension is ascertained, either length, breadth, thickness, capacity, or amount. Webster. The rule by which anything is adjusted or proportioned.
—Measure of damages. The rule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensa­tion for injuries in actions at law.—Measure of value. In the ordinary sense of the word, "measure" would mean something by compari­son with which we may ascertain what is the value of anything. When we consider, further, that value itself is relative, and that two things are necessary to constitute it, independently of the third thing, which is to measure it, we may define a "measure of value" to be some­thing by comparing with which any two other things we may infer their value in relation to one another. 2 Mill, Pol. Econ. 101.
MEASURER, or METER. An officer in the city of London, who measured woolen clothes, coals, etc.
MEASURING MONEY. In old English law. A duty which some persons exacted, by letters patent, for every piece of cloth made, besides alnage. Now abolished.
MECHANIC. A workman employed in shaping and uniting materials, such as wood, metal, etc., into some kind of structure, ma­chine, or other object, requiring the use of tools. Story v. Walker, 11 Lea (Term.) 517, 47 Am. Rep. 305;, In re Osborn (D. C.) 104 Fed. 781; Savannah & C. R. Co. v. Callahan, 49 Ga. 511; Berks County v. Bertolet, 13 Pa. 524.
MECHANIC'S LIEN. A species of lien created by statute in most of the states, which exists In favor of persons who have performed work or furnished material in and for the erection of a building. Their lien attaches to the land as well as the
building, and is intended to secure for them •a priority of payment.
The lien of a mechanic is created by law, and is intended to be a security for the price and value of work performed and materials furnished, and as such it attaches to and exists on the land and the building erected thereon, from the commencement of the time that the labor is being performed and the materials furnished; and the mechanic has an actual and positive interest in the build­ing anterior to the time of its recognition by the court, or the reducing of the amount due to a judgment. First Nat. Bank v. Campbell, 24 Tex. Civ. App. 160, 58 S. W. 630; Carter v. Humboldt F. Ins. Co., 12 Iowa, 292; Barrows v. Baughman, 9 Mich. 217.
MECHANICAL. Having relation to, or
produced or accomplished by, the use of
mechanism or machinery. Used chiefly in
patent law. See compound terms infra.
—Mechanical equivalent. A device which may be substituted or adopted, instead of an­other, by any person skilled in the particular art from his knowledge of the art, and which is competent to perform the same functions or produce the same result, without introducing an original idea or changing the general idea of means. Johnson v. Root, 13 Fed. Cas. 823; Smith v. Marshall, 22 Fed. Cas. 595; Alaska Packers' Ass'n v. Letson (C. C.) 119 Fed. 611; Jensen Can-Filling Mach. Co. v. Norton, 67 Fed. 239, 14 C. C. A. 383; Adams Electric R. Co. v. Lindell R. Co., 77 Fed. 440, 23 a C. A. 223.—Mechanical movement. A mech­anism transmitting power or motion from a driving part to a part to be driven; a com­bination and arrangement of mechanical parts intended for the translation or transformation of motion. Campbell Printing Press Co. v. Miehle Printing Press Co., 102 Fed. 159, 42 C. C. A. 235.—Mechanical process. See Process.—Mechanical skill. As distinguish­ed from invention or inventive capacity, this term means such skill, intelligence, ingenuity, or constructive ability in the adaptation of means to ends as would be possessed and ex­hibited by an ordinarily clever mechanic in the practice of his particular art or trade. See Hollister v. Benedict & B. Mfg. Co., 113 U. S. 59, 5 Sup. Ct. 717, 28 L. Ed. 901: John­son Co. v. Pennsylvania Steel Co., 67 Fed. 942; Perfection Window Cleaner Co. v. Bos-ley, 2 Fed. 577; Stimpson v. Woodman, 10 Wall. 117, 19 L. Ed. 866.
MEDERIA. In old records. A house or place where metheglin, or mead, was made.
MEDFEE. In old English law. A bribe or reward; a compensation' given in ex­change, where the things exchanged were not of equal value. CowelL
MEDIA ANNATA. In Spanish law. Half-yearly profits of land. McMullen v. Hodge, 5 Tex. 34, 79.
MEDIA NOX. In old English law. Mid­night Ad medium noctem, at midnight Fleta, lib. 5, c. 5, § 31.
MEDLS2 ET INFIRMiE MANUS HOM­INES. Men of a middle and base condition. Blount

MKDIANUS HOMO
769
MEETING

MEDIANUS HOMO. A man of middle fortune.
MEDIATE DESCENT. See Descent.
MEDIATE POWERS. Those incident to primary powers given by a principal to his agent For example, the general authority given to collect, receive, and pay debts due by or to the principal is a primary power. In order to accomplish this, it is frequently required to settle accounts, adjust disputed claims, resist those which are unjust, and answer and defend suits. These subordi­nate powers are sometimes called "mediate powers." Story, Ag. § 58.
MEDIATE TESTIMONY. Secondary evidence, {q. v.)
MEDIATION. Intervention; interposi­tion ; the act of a third person who inter­feres between two contending parties with a view to reconcile them or persuade them to adjust or settle their dispute. In inter­national law and diplomacy, the word de­notes the friendly interference of a state in the controversies of others, for the purpose, by its influence and by adjusting their diffi­culties, of keeping the peace in the family of nations.
MEDIATOR. One who interposes be­tween parties at variance for the purpose of reconciling them.
—Mediators of questions. In English law. Six persons authorized by statute. (27 Edw. III. St. 2, c. 24,) who, upon any question aris­ing among merchants relating to unmerchant­able wool, or undue packing, etc., might, be­fore the mayor and officers of the staple upon their oath certify and settle the same; to whose determination therein the parties con­cerned were to submit. Oowell.
MEDICAL. Pertaining, relating, or be­longing to the study and practice of medicine, or the science and art of the investigation, prevention, cure, and alleviation of disease.
—Medical evidence. Evidence furnished by medical men, testifying in their professional capacitv as experts, or by standard treatises on medicine or surgery.—Medical jurispru­dence. See Jubispbudence.
MEDICINE. "The practice of medicine is a pursuit very generally known and under­stood, and so also is that of surgery. The former includes the application and use of medicines and drugs for the purpose of cur­ing, mitigating, or alleviating bodily diseases, while the functions of the latter are limited to manual operations usually performed by surgical instruments or appliances." Smith T. Lane, 24 Hun (N. Y.) 633.
—Forensic medicine. Another name for medical jurisprudence. See Jubispbudence. —Schools of medicine. See Osteopathy ;
PSYCHOTHEBAPY.
MEDICINE-CHEST. A box containing an assortment of medicines, required by stat-Bl.Law Dict.(2d Ed.)—49
ute to be carried by all vessels above a cer­tain tonnage.
MEDICO-LEGAL. Relating to the law-concerning medical questions.
MEDIETAS LINGUiE. In Old practice. Moiety of tongue; half-tongue. Applied to a jury impaneled in a cause consisting the one half of natives, and the other half of foreigners. See De Medietate Lingua.
MEDIO ACQUIETANDO. A judicial writ to distrain a lord for the acquitting of a mesne lord from a rent, which he had ac­knowledged in court not to belong to him. Beg. Jur. 129.
MEDITATIO FUGJE. In Scotch law. Contemplation of flight; intention to ab­scond. 2 Karnes, Eq. 14, 15.
MEDIUM TEMPUS. In old English law. Meantime; mesne profits. Cowell.
MEDLETUM. In old English law. A mixing together; a medley or m£l6e; an af­fray or sudden encounter. An offense sud­denly committed in an affray. The English word "medley" is preserved in the term "chance-medley." An intermeddling, without violence, in any matter of business. Spel-man.
MEDLEY. An affray; a sudden or cas­ual fighting; a hand to hand battle; a m$l6e See Chance-Medley; Chaud-Medley.
MEDSCEAT. In old English law. A bribe; hush money.
MEOSYFP. A harvest supper or enter­tainment given to laborers at harvest-home. Cowell.
MEETING. A coming together of per­sons ; an assembly. Particularly, in law, an assembling of a number of persons for the purpose of discussing and acting upon some matter or matters in which they have a com­mon interest.
—Called meeting. In the law of corpora­tions, a meeting not held at a time specially appointed for it by the charter or by-laws, but assembled in pursuance of a "call" or summons proceeding from some officer, committee or group of stockholders, or other persons having authority in that behalf.—Family meeting. See FAMlliY.—General meeting. A meeting of all the stockholders of a corporation, all the creditors of a bankrupt, etc. In re Bonnaffe, 23 N. Y. 177; Mutual F. Ins. Co. v. Farqu-har, 86 Md. 668, 39 Atl. 527.—Regular meet­ing. In the law of public and private corpora­tions, a meeting (of directors, trustees, stock­holders, etc.) held at the time and place ap­pointed for it by statute, by-law, charter or other positive direction. See State v. Wilkes-ville Tp., 20 Ohio St. 293.—Special meeting. In the law of corporations. A meeting called for special purposes; one limited to particular business; a meeting for those purposes of which the parties have had special notice. Mu-

MEETING
770
MEMBRANA

tual F. Ins. Co. v. Farquhar, 86 Md. 668, 39 Atl. 527; Warren v. Mower, 11 Vt. 385.—Stat­ed meeting. A meeting held at a stated or duly appointed time and place; a regular meet­ing. (q. v.)—Tows meeting. See Town.
MEGBOTE. In Saxon law. A recom­pense for the murder of a relation.
MEIGNE, or MAISNADER. In old Eng­lish law. A family.
MEINDRE AGE. L. Fr. Minority; lesser age. Kelham.
MEINY, MEINE, or MEINIE. In old
English law. A household; staff or suite of attendants; a retinue; particularly, the roy­al household.
MEJORADO. In Spanish law. Prefer­red; advanced. White, New Recop. L 3, tit 10, c. 1, § 4.
MELANCHOLIA. In medical jurispru­dence. A kind of mental unsoundness char­acterized by extreme depression of spirits, ill-grounded fears, delusions, and brooding over one particular subject or train of ideas. Webster. See Insanity.
MELBFEOH. In Saxon law. The rec­ompense due and given to him who made dis­covery of any breach of penal laws commit­ted by another person, called the "promot­er's [i. e., informer's] fee." Wharton.
MELIOR. Lat Better; the better. Melior res, the better (best) thing or chattel. Bract, fol. 60.
Melior est conditio defendentis. The
condition of the party in possession is the better one, ». e., where the right of the parties is equal. Broom, Max. 715, 719.
Melior est conditio possidentis, et rei quam actoris. The condition of the pos­sessor is the better, and the condition of the defendant is better than that of the plaintiff. 4 Inst 180; Broom, Max. 714, 719.
Melior est conditio possidentis nbi nenter jus habet. Jenk. Cent. 118. The condition of the possessor is the better where neither of the two has a right
Melior est justitia vere praeveniens quam severe pnniens. That justice which absolutely prevents [a crime] is better than that which severely punishes it 3 Inst Epil.
MELIORATIONS. In Scotch law. Im­provements of an estate, other than mere re­pairs; betterments. 1 Bell, Comm. 73. Oc­casionally used in English and American law In the sense of valuable and lasting improve­ments or betterments. See Green V. Biddle, 8 Wheat. 84, 5 L. Ed. 547.
Meliorem conditionem ecclesiae sua* facere potest prselatus, deteriorem ne-quaquam. Co. Litt 101. A bishop can make the condition of his own church better, but by no means worse.
Meliorem conditionem snam facere po­test minor, deteriorem nequaquam. Co.
Litt 337. A minor can make his own con­dition better, but by no means worse.
Melius est in tempore occurrere, quam post causam vulneratum remedium quserere. 2 Inst 299. It is better to meet a thing in time than after an injury inflict­ed to seek a remedy.
Melius est jus deficiens quam jus in-certum. Law that is deficient is better than law that is uncertain. Lofft, 395.
Melius est omnia mala pati quam malo consentire. 3 Inst. 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; it is better to retrace one's steps than to proceed improperly. 4 Inst 176.
MELIUS INQUIRENDUM. To be bet­ter inquired into.
In old English law. The name of a writ commanding a further inquiry respect­ing a matter; as, after an imperfect inquisi­tion in proceedings in outlawry, to have a new inquest as to the value of lands.
MEMBER. One of the persons constitut­ing a partnership, association, corporation, guild, etc.
One of the persons constituting a court, a legislative assembly, etc.
One of the limbs or portions of the body capable of being used in fighting in self-de­fense.
—Member of congress. A member of the senate or house of representatives of the Unit­ed States. In popular usage, particularly the latter.—Member of parliament. One hav­ing the right to sit in either house of the British parliament
MEMBERS. In English law. Places where 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 Ohit Com. Law, 726.
MEMBRANA. Lat In the civil law.
Parchment Dig. 32, 52.
In old English law. A skin of parch­ment The ancient rolls usually consist of several of these skins, and the word "mem-

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brana" is used, in citations to them, in the same way as "page" or "folio," to distin­guish the particular skin referred to.
MEMBRUM. A slip or small piece of land.
MEMOIRE. In French law. A docu­ment in the form of a petition, by which ap­peals to the court of cassation are initiated.
MEMORANDUM. Lat To be remem­bered ; be it remembered. A formal word with which the body of a record in the court of king's bench anciently commenced. Townsh. PL 486; 2 Tidd, Pr. 719. The whole clause is now, in practice, termed, from this initial word, the "memorandum," and its use is sup­posed to have originated from the circum­stance that proceedings "by bill" (in which alone it has been employed) were formerly considered as the by-business of the court. Gilb. Com. PI. 47, 48.
Also an informal note or instrument em­bodying 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 ex­ist in order to bind the parties in the cases provided. The memorandum must be such as to disclose the parties, the nature and sub­stance of the contract, the consideration and promise, and be signed by the party to be bound or his authorized agent See 2 Kent, Gomm. 510.
—Memorandum articles. In the law of
marine insurance, this phrase designates the articles _ of merchandise Which are usually men­tioned in the memorandum clause, (q. v.,) and for which the underwriter's liability is there­by limited. See Wain v. Thompson, 9 Serg. & fi. (Pa.) 120, 11 Am. Dec. 675.—Memoran­dum check. See Check.—Memorandum clause. In a policy of marine insurance the memorandum clause is a clause inserted to prevent the underwriters from being liable for injury to goods of a peculiarly perishable nature, and for minor damages. It begins as follows: "N. B. Corn, fish, salt, fruit, flour, and seed are warranted free from average, un­less general, or the ship be stranded,"—mean­ing that the underwriters are not to be liable for damage to these articles caused by sea-water or the like. Maude & P. Shipp. 371; Sweet.—Memorandum in error. A docu­ment alleging error m fact, accompanied by an affidavit of such matter of fact.—Memoran­dum of alteration. Formerly, in England, where a patent was granted for two inven­tions, one of which was not new or not useful, the whole patent was bad, and the same rule applied when a material part of a patent for a single invention had either of those defects. To remedy this the statute 5 & 6 Wm. IV. c* 83, empowers a patentee (with the fiat of the attorney general) to enter a disclaimer (q. v.) or a memorandum of an alteration in the title or specification of the patent, not being of 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.—Memorandum of association. A document to be subscrib-
ed by seven or more persons associated for a lawful purpose, by subscribing which, and otherwise complying with the requisitions of the companies' acts in respect of registration, they may form themselves into an incorporated company, with or without limited liability. 3 Steph. Comm. 20.—Memorandum sale. See Sale.
MEMORIAL. A document presented to a legislative body, or to the executive, by one or more individuals, containing a petition or a representation of facts.
In English law. That which contains the particulars of a deed, etc., and is the instru­ment registered, as in the case of an annuity which must be registered. Wharton.
In practice. A short note, abstract, mem­orandum, or rough draft of the orders of the court, from which the records thereof may at any time be fully made up. State v. Shaw, 73 Vt. 149, 50 Atl. 863.
MEMORITER. Lat. From memory; by or from recollection. Thus, memortter proof of a written instrument is such as is fur­nished by the recollection of a witness who had seen and known it.
MEMORIZATION. Committing anything to memory. Used to describe the act of one who listens to a public representation of a play or drama, and then, from his recol­lection of its scenes, incidents, or language, reproduces it, substantially or in part, in der­ogation of the rights of the author. See 5 Term B, 245; 14 Amer. Law Beg. (N. S.) 207.
MEMORY. Mental capacity; the mental power to review and recognize the successive states of consciousness in their consecutive order. This word, as used in jurisprudence to denote one of the psychological elements necessary in the making of a valid will or contract or the commission of a crime, im­plies the mental power to conduct a consecu­tive train of thought, or an orderly planning of affairs, by recalling correctly the past states of the mind and past events, and ar­ranging them in their due order of sequence and in their logical relations with the events and mental states of the present.
The phrase "sound and disposing mind and memory" means not merely distinct recollection of the items of one's property and the persons among whom it may be given, but entire pow­er of mind to dispose of property by will. Ab­bott.
Also the reputation and name, good or bad, which a man leaves at his death.
—Legal memory. An ancient usage, custom, supposed grant (as a foundation for prescrip­tion) and the like, are said to be immemorial when they are really or fictitiously of such an ancient date that "the memory of man runneth not to the contrary," or. in other words, "be­yond legal memory." And legal memory or "time out of mind," according to the rule of the common law, commenced from the reign of Bichard I., A. D. 1189. But under the statute of limitation of 32 Hen. VIII. this

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was reduced to 60 years, and again by that of 2 & 3 Wm. IV. c. 71, to 20 years. In the American states, by statute, the time of legal memory is generally fixed at a period corre­sponding to that prescribed for actions for the recovery of real property, usually about 20 years. See 2 Bl. Comm. 31; Miller v. Gar-lock, 8 Barb. (N. Y.) 153.
MEN" OF STRAW. Men who used in former days to ply about courts of law, so called from their manner of making known their occupation, (i. e., by a straw in one of their shoes,) recognized by the name of "straw-shoes." An advocate or lawyer who wanted a convenient witness knew by these signs where to meet with one, and the col­loquy between the parties was brief. "Don't you remember?" said the advocate; to which the ready answer was, "To be sure I do." "Then come into court and swear it." And straw-shoes went into court and swore. Ath­ens abounded in straw-shoes. Quart Rev. vol. 33, p. 344.
MENACE. A threat; the declaration or show of a disposition or determination to in­flict an evil or injury upon another. Cum-ming v. State, 99 Ga. 662, 27 S. E. 177; Mor­rill y. Nightingale, 93 Cal. 452, 28 Pac. 1068, 27 Am. St. Rep. 207.
MENETUM. In old Scotch law. A stock-horn; a horn made of wood, "with circles and girds of the same." Skene.
MENIAL. A servant of the lowest or­der; more strictly, a domestic servant liv­ing under his master's roof. Boniface t. Scott, 3 Serg. & R. (Pa.) 354.
MENS. Lat Mind; Intention; meaning; understanding; will.
—Mens legis. The mind of the law; that is, the purpose, spirit, or intention of a law or the law generally.—Mens legislatoris. The intention of the law-maker.—Mens rea. A guilty mind; a guilty or wrongful purpose; a criminal intent.
Mens testatoris in testamentis spec-tanda est. Jenk. Cent. 277. The intention of the testator is to be regarded in wills.
MENSA. Lat Patrimony or goods and necessary things for livelihood. Jacob. A table; the table of a money-changer. Dig. 2, 14, 47.
—Mensa et tnoro. From bed and board. See Divobce.
MENSALIA. Parsonages or spiritual liv­ings united to the tables of religious houses, and called "mensal benefices" amongst the canonists. Cowell.
MENSIS. Lat In the civil and old Eng­lish law. A month. Mensis vetitus, the pro­hibited month; fence-month, (q. v.)
MENSOB. In the civil law. A measurer of land; a surveyor. Dig. 11, 6; Id. 50, 6, 6; Cod. 12, 28.
MENSTJLABXOS. In the civil law. A money-changer or dealer in money. Dig. 2, 14, 47, 1.
MENSUBA In old English law. A measure.
—Mensura domini regis. "The measure of our lord the king," being the weights and meas­ures established under King Richard I. in his parliament at Westminster, 1197. 1 Bl. Comm. 275; Mozley & Whitley.
MENTAL. Relating to or existing in the mind; intellectual, emotional, or psychic, as distinguished from bodily or physical.
—Mental alienation. A phrase sometimes used to describe insanity, (g. v.)—Mental an­guish. When connected with a physical in­jury, this term includes both the resultant men­tal sensation of pain and also the accompanying feelings of distress, fright, and anxiety. See Railway Co. v. Corley (Tex.) 26 S. W. 904; Railway Co. v. Miller, 25 Tex. Civ. App. 460, 61 S. W. 978; Keyes v. Railway Co., 36 Minn. 290, 30 N. W. 888. In other connections, and as a ground for damages or an element of dam­ages, it includes the mental suffering resulting from the excitation of the more poignant and painful emotions, such as grief, severe disap­pointment, indignation, wounded pride, shame, public humiliation, despair, etc.*—Mental ca­pacity or competence. Such a measure of intelligence understanding, memory, and judg­ment (relative to the particular transaction) as will enable the person to understand the nature and effects of his act. Eaton v. Eaton, 37 N. J. Law, 113, 18 Am. Rep. 716; Davren v. White, 42 N. J. Eq. 569, 7 *Atl. 682; Conley v. Nailor, 118 U. S. 127, 6 Sup. Ct. 1001. 30 L. Ed. 112.—Mental defect. As applied to the qualification of a juror, this term must be understood to embrace either such gross ig­norance or imbecility as practically disquali­fies any person from performing the duties of a juror. Caldwell v. State, 41 Tex. 94.— Mental reservation. A silent exception to the general words of a promise or agreement not expressed, on account of a general understand­ing on the subject. But the word has been applied to an exception existing in the mind of the one party only, and has been degraded to signify a dishonest excuse for evading or in­fringing a promise. Wharton.
MENTIM. Lat To lie; to assert a falsehood. Calvin.; 3 Bulst. 260.
MENTTTION. The act of lying; a false­hood.
MENU, LAWS OP. A collection or in­stitute of the earliest laws of ancient India. The work is of very remote antiquity.
MER, or MERE. A fenny place. Cowell.
MERA NOCTIS. Midnight Cowell.
MERANNTTM. In old records. Timbers; wood for building.
MERC ABLE. Merchantable; to be sold or bought
MEBCANTANT. A foreign trader.
MERCANTILE. Pertaining to merchants or their business; having to do with trade

MERCANTILE
773 MERCIMONIATUS ANGLLB

and commerce or the buying and selling of commodities. See In re San Gabriel Sana­torium (D. C.) 95 Fed. 273; In re Pacific Coast Warehouse Co. (C. C.) 123 Fed. 750; Graham v. Hendricks, 22 La. Ann. 524.
—Mercantile agencies. Establishments which make a business of collecting information relating to the credit, character, responsibility, and reputation of merchants, for the purpose of furnishing the information to subscribers. Brookfield v. Kitchen, 163 Mo. 546, 63 S. W. 825; State v. Morgan, 2 S. D. 32. 48 N. W. 314; Baton, etc., Co. v. Avery, 83 N. Y. 34, 38 Am. Rep. 389; Genesee Sav. Bank v. Mich­igan Barge Co., 52 Mich. 164, 17 N. W. 790. —Mercantile law. An expression substan­tially equivalent to the law-merchant or com­mercial law. It designates the system of rules, customs, and usages generally recognized and adopted by merchants and traders, and which, either in its simplicity or as modified by com­mon law or statutes, constitutes the law for the regulation of their transactions and the solution of their controversies —Mercantile law amendment acts. The statutes 19 & 20 Vict. cc. 60, 97, passed mainly for the pur­pose of assimilating the mercantile law of Eng­land, Scotland, and Ireland.—Mercantile paper. Commercial paper; such negotiable paper (bills, notes, checks, etc.) as is made or transferred by and between merchants or trad­ers, and is governed by the usages of the busi­ness world and the law-merchant.—Mercantile partnership. One which habitually buys and sells; one which buys for the purpose of after­wards selling. Com. v. Natural Gas Co., 32 Pittsb. Leg. J. (O. S.) 310.
MERCAT. A market. An old form of the latter word common in Scotch law, form­ed from the Latin "mercatum."
MERC ATI VE. Belonging to trade.
MERCATUM. Lat. A market. A con­tract of sale. Supplies for an army, (com-meatus.)
MERCATURE. The practice of buying and selling.
MERCED ARY. A hirer; one that hires.
MERCEN-LAGE. The law of the Mer­cians. One of the three principal systems of laws which prevailed in England about the beginning of the eleventh century. It was observed in many of the midland counties, and those 'bordering on the principality of Wales. 1 Bl. Comm. 65.
MERCENARIUS. A hireling or servant. Jacob.
MERCES. Lat. In the civil law. Re­ward of labor in money or other things. As distinguished from "pensio," it means the rent of farms, (prcedia rustici.) Calvin.
MERCHANDISE. All commodities which merchants usually buy and sell, whether at wholesale or retail; wares and commodities such as are ordinarily the objects of trade and commerce. But the term is never un­derstood as including real estate, and is
rarely applied to provisions such as are pur­chased day by day, or to such other articles as are required for immediate consumption. See Passaic Mfg. Co. v. Hoffman, 3 Daly (N. Y.) 512; Hein v. O'Connor (Tex. App.) 15 S. W. 414; Elliott v. Swartwout, 10 Pet. 137, 9 L. Ed. 373; Pickett v. State, 60 Ala. 78; The Marine City (D. C.) 6 Fed. 415.
—Merchandise marks act, 1862. The stat­ute 25 & 26 Vict. c. 88, designed to prevent the fraudulent marking of merchandise and the fraudulent sale of merchandise falsely marked.
MERCHANT. A man who traffics or car­ries on trade with foreign countries, or who exports and imports goods and sells them by wholesale. Webster. Merchants of this de­scription are commonly known by the name of "shipping merchants."
A trader; one who, as a business, buys and sells wares and merchandise. See White v. Com., 78 Va. 485; Rosenbaum v. Newbern, 118 N. C. 83, 24 S. E. 1, 32 L. R. A. 123; Gal­veston County v. Gorham, 49 Tex. 285; In re Cameron, etc., Ins. Co. (D. C.) 96 Fed. 757; State v. Smith, 5 Humph. (Tenn.) 395; U. S. v. Wong Ah Gah (D. C.) 94 Fed. 832.
—Commission merchant. See Commission. —Law merchant. See Mebcantile.—Mer­chant appraisers. See Appraiser.—Mer­chant seaman. A sailor employed in a pri­vate vessel, as distinguished from one employ­ed in the navy or public ships. U. S. v. Sulli­van (C. C.) 43 Fed. 604; The Ben Flint, 3 Fed. Cas. 184.—Merchant shipping acts* Certain English statutes, beginning with the St. 16 & 17 Vict. c. 131, whereby a general superintendence of merchant shipping is vested in the board of trade —Merchants' accounts. Accounts between merchant and merchant, which must be current, mutual, and unsettled, consisting of debts and credits for merchan­dise. Fox v. Fisk, 6 How. (Miss.) 328.—Mer­chants, statnte of. The English statute 13 Edw. I. St. 3, repealed by 26 & 27 Vict. c. 125. —Statnte merchant. See Statute.
MERCHANTABLE. Fit for sale; vend­ible in market; of a quality such as will bring the ordinary market price. Riggs v. Armstrong, 23 W. Va. 773; Pacific Coast Elevator Co. v. Bravinder, 14 Wash. 315, 44 Pac. 544.
MERCHANTMAN. A ship or vessel em­ployed in foreign or domestic commerce or in the merchant service.
MERCHET. In feudal law. A fine or composition paid by inferior tenants to the lord for liberty to dispose of their daughters in marriage. Cowell. The same as mar-cheta (q. v.)
MERCIAMENT. An amerciament, pen­alty, or fine, (g. v.)
MERCIMONIA. In old writs. Wares. A^ercimonia et merchandizas, wares and mer­chandises. Reg. Brev. Append. 10.
MERCIMONIATUS ANGLIJE. In old
records. The impost of England upon mer chandise. Cowell.

MKRCIS APPELLATIO 774 MERITORIOUS
Mercis appellatio ad res mobiles tan-tvm pertinet. The term "merchandise" be­longs to movable things only. Dig. 50, 16, 66.
Mercis appellatione homines uon con-tineri. Men are not included under the de­nomination of "merchandise." Dig. 50, 16, 207.
MERCY. In practice. The arbitrament of the king or judge in punishing offenses not directly censured by law. Jacob. So, "to be in mercy" signifies to be amerced or fined for bringing or defending an unjust suit, or to be liable to punishment in the discretion of the court.
In criminal law. The discretion of a judge, within the limits prescribed by posi­tive law, to remit altogether the punishment to which a convicted person is liable, or to mitigate the severity of his sentence; as when a jury recommends the prisoner to the mercy of the court
MERE. Sax. A marsh. Spelman.
MERE. L. Fr. Mother. JEle, mere, fUle, grandmother, mother, daughter. Britt. c. 89. En ventre so mere, in its mother's womb.
MERE MOTION. The free and volun­tary act of a party himself, done without the suggestion or influence of another person, is said to be done of his mere motion, ex mero motu, (g. v.) Brown.
The phrase is used of an interference of the courts of law, who will, under some cir­cumstances, of their own motion, object to an irregularity in the proceedings, though no objection has been taken to the informality by (he plaintiff or defendant in the suit. 3 Chit. Gen. Pr. 430.
MERE RIGHT. The mere right of prop­erty in land; the jus proprietatis, without either possession or even the right of pos­session. 2 Bl. Comm. 197. The abstract right of property.
MERE-STONE. In old English law. A stone for bounding or dividing lands. Yearb. P. 18 Hen. VI. 5.
MERENNIUM. In old records. Timber. Cowell.
MERETRICIOUS. Of the nature of un­lawful sexual connection. The term is de­scriptive of the relation sustained Dy per­sons who contract a marriage that is void by reason of legal incapacity. 1 Bl. Comm. 436.
MERGER. The fusion or absorption of one thing or right into another; generally spoken of a case where one of the subjects is of less dignity or importance than the
other. Here the less important ceases to have an independent existence.
In real-property law. It is a general principle of law that where a greater estate and a less coincide and meet in one and the same person, without any intermediate es­tate, the less is immediately annihilated, or, in the law phrase, is said to be merged, that is, sunk or drowned, in the greater. Thus, if there be tenant for years, and the reversion in fee-simple descends to or is purchased by him, the term of years is merged in the in­heritance, and shall never exist any more. 2 Bl. Comm. 177; 1 Steph. Comm. 293; 4 Kent, Comm. 99. James v. Morey, 2 Cow. (N. Y.) 300, 14 Am. Dec. 475; Duncan v. Smith, 31 N. J. Law, 327.
Of rights. This term, as applied to rights, is equivalent to "confusio" in the Ro­man law, and indicates that where the quali­ties of debtor and creditor become united in the same individual, there arises a confusion of rights which extinguishes both qualities; whence, also, merger is often called "extin­guishment." Brown.
Rights of action. In the law relating to rights of action, when a person takes or ac­quires a remedy or security of a higher na­ture, 4n legal estimation, than the one which he already possesses for the same right, then his remedies in respect of the minor right or security merge in those attaching to the higher one. Leake, Cont. 506; 10 O. B. 561. As where a claim is merged in the judgment recovered upon it.
In criminal law. When a man commits a great crime which includes a lesser, or com­mits a felony which includes a fort against a private person, the latter is merged in the former. 1 East, P. C. 411.
Of corporations. A merger of corpora­tions consist in the uniting of two or more corporations by the transfer of property of all to one of them, which continues in ex­istence, the others being swallowed up or merged therein. In regard to the survivor­ship of one of the constituent corporations, it differs from a "consolidation," wherein all the consolidating companies surrender their separate existence and become parts of a new corporation. Adams v. Yazoo & M. V. R. Co., 77 Miss. 194, 24 South. 200, 60 L. R. A. 33; Vicksburg & Y. C. Tel. Co. v. Citizens' Tel. Co., 79 Miss. 341, 30 South. 725, 89 Am. St. Rep. 656.
MERIDIES. In old English law. Noon. Fleta, lib. 5, c. 5, § 31.
MERITORIOUS. Possessing or charac­terized by "merit" in the legal sense of the word. See Mebits.
—Meritorious cause of action. This de­scription is sometimes applied to a person with whom the ground of action, or the consideration, originated or from whom it moved. For exam-

MERITORIOUS
775 MESSAGE, PRESIDENT'S

pie, where a cause of action accrues to a wo­man while sole, and is sued for, after her mar­riage, by her husband and herself jointly, she is called the "meritorious cause of action."— Meritorious consideration. One founded upon some moral obligation; a valuable con­sideration in the second degree.—Meritorious defense. See Defense.
MERITS. In practice. Matter of sub­stance in law, as distinguished from matter of mere form; a substantial ground of de­fense in law. A defendant is said "to swear to merits" or "to make affidavit of merits" when he makes affidavit that he has a good and sufficient or substantial defense to the action on the merits. 3 Chit. Gen. Pr. 543, 544. "Merits," in this application of it, has the technical sense of merits m laic, and is not confined to a strictly moral and conscien­tious defense. Id. 545; 1 Burrill, Pr. 214; Rahn v. Gunnison, 12 Wis. 529; Bolton v. Don-avan, 9 N. D. 575, 84 N. W. 357; Ordway v. Boston & M. R. Co., 69 N. H. 429, 45 Atl. 243; Blakely v. Frazier, 11 S. O. 134; Rogers v. Rogers, 37 W. Va. 407, 16 S. E. 633; Oatman v. Bond, 15 Wis. 26.
As used in the New York Code of Procedure, 5 349, it has been held to mean "the strict legal rights of the parties, as contradistinguished from those mere questions of practice which every court regulates for itself, and f*om all matters which depend upon the discretion or favor of the court" St. Johns v. West, 4 How. Prac. (N. Y.) 332.
A "defense upon the merits" is one which. depends upon the inherent justice of the de­fendant's contention, as shown by the sub­stantial facts of the case, as distinguished from one which rests upon technical objec­tions or some collateral matter. Thus there may be a good defense growing out of an error in the plaintiff's pleadings, but there is not a defense upon the merits unless the real nature of the transaction in controversy shows the defendant to be in the right.
HERO MOTXT. See Ex Mebo Mottj; Meee Motion.
MERSCTJM. A lake; also a marsh or fen-land.
MERTLAGE. A church calendar or ru­bric. Cowell.
MERTON, STATUTE OF. An old Eng­lish statute, relating to dower, legitimacy, wardships, procedure, inclosure of- common, and usury. It was passed in 1235, (20 Hen. III.,) and was named from Merton, in Sur­rey, where parliament sat that year. See Barring. St 41, 46.
MERTJM. In old English law. Mere; naked or abstract Merum jus, mere right Bract fol. 31.
MERX. Lat Merchandise; movable ar­ticles that are bought and sold; articles of trade.
Mesx est quioquid vend! potest. Met-*
chandise is whatever can be sold. Com. 355; 3 Wood. Lect 263.
MESCREATTNTES. L. Fr. Apostates; unbelievers.
MESCROYANT. A term used in th* ancient books to designate an infidel or un­believer.
MESE. A house and its appurtenance. Cowell.
MESNE. Intermediate; intervening; the middle between two extremes, especially of rank or time.
An intermediate lord; a lord who stood between a tenant and the chief lord; a lord who was also a tenant. "Lord, mesne, and tenant; the tenant holdeth by four pence, and the mesne by twelve pence." Co. Litt 23a.
—Mesne assignment. If A. grant a lease of land to B., and B. assign bis interest to C., and C. in his turn assign, his interest therein to D., in this case the assignments so made by B. and C. would be termed "mesne assignments;" that is, they would be assignments intervening be­tween A.'s original grant and the vesting of D.'s interest in the land under the last assign­ment Brown.—Mesne incumbrance. An intermediate charge, burden, or liability; an incumbrance which has been created or has attached to property between two given periods. —Mesne lord. In old English law. A mid­dle or intermediate lord; a lord who held of a superior lord. 2 Bl. Comm. 59. More com­monly termed a "mesne," (q v.)—Mesne, writ of. An. ancient and abolished writ, which layj when the lord paramount distrained on the tenant paravail. The latter had a writ of mesne against the mesne lord.
As to mesne "Conveyance," "Process," and "Profits," see those titles.
MESNAI/TY, or MESNAEITY. A man­or held under a superior lord. The estate of a mesne.
MESS BRIEF. In Danish sea law. One of a ship's papers; a certificate of admeas­urement granted at the home port of a ves­sel by the government or by some other com­petent authority. Jac. Sea Laws, 51.
MESSAGE FROM THE CROWN. In
English law. The method of communicat­ing between the sovereign and the house of parliament. A written message under the royal sign-manual is brought by a member of the house, being a minister of the crown or one of the royal household. Verbal mes­sages are also sometimes delivered. May, Pari. Pr. c. 17.
MESSAGE, PRESIDENT'S. An annual communication from the president of the United States to congress, made at or near the beginning of each session, embodying his views on the state and exigencies of na­tional affairs, suggestions and recommenda-

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776
METRE

tlons for legislation, and other matters. Const U. S. art 2, i 3.
MESSARIUS. In old English law. A chief servant in husbandry; a bailiff.
MESSE THANE. One who said mass; a priest Cowell.
MESSENGER. One who bears messages or errands; a ministerial officer employed by executive officers, legislative bodies, and courts of justice, whose service consists prin­cipally in carrying verbal or written com­munications or executing other orders. In Scotland there are officers attached to the courts, called "messengers at arms."
An officer attached to a bankruptcy court, whose duty consists, among other things, In seizing and taking possession of the bank­rupt's estate during the proceedings in bank­ruptcy.
The messenger of the English court of chancery has the duty of attending on the great seal, either in person or by deputy, and must be ready to execute all such or­ders as he shall receive from the lord chan­cellor, lord keeper, or lords commissioners. Brown.
Messis sementem seqnitur. The crop belongs to [follows] the sower. A maxim in Scotch law. Where a person is in posses­sion of land which he has reason to believe is his own, and sows that land, he will have a right to the crops, although before it is cut down it should be discovered that an­other has a preferable title to the land. Bell.
MESSUAGE. This term Is now synon­ymous with "dwelling-house," but had once a more extended signification. It is fre­quently used in deeds, in describing the premises. Marmet Co. v. Archibald, 37 W. Va. 778, 17 S. E. 300; Grimes v. Wilson, 4 Blackf. (Ind.) 333; Derby v. Jones, 27 Me. 360; Davis v. Lowden, 56 N. J. Eq. 126, 38 AtL 648.
Although the word "messuage" may, there is no necessity that it must import more than the word "dwelling-house," with which word it is frequently put in apposition and used synony­mously. 2 Bing. N. C. 617.
In Scotland. The principal dwelling-house within a barony. Bell.
MESTIZO. A mongrel or person of mix­ed blood; sometimes used as equivalent to "octoroon," that is, the child of a white per­son and a quadroon, sometimes as denoting a person one of whose parents was a Spaniard and the other an American In­dian.
META. Lat A goal, bound, or turn­ing-point In old English law, the term was used to denote a bound or boundary line of
land; a landmark; a material object, as a tree or a pillar, marking the position or be­ginning of a boundary line.
METAGHRONISM. An error in com­putation of time.
METALIiUM. Lat In Roman law. Met­al; a mine. Labor in mines, as a punish­ment for crime. Dig. 40, 5, 24, 5; Calvin.
METATUS. In old European law. A dwelling; a seat; a station; quarters; the place where one lives or stays. Spelman.
METAYER SYSTEM. A system of agricultural holdings, under which the land is divided, in small farms, among single families, the landlord generally supplying the stock which the agricultural system of the country is considered to require, and receiving, in lieu of rent and profit, a fixed proportion of the produce. This proportion, which is generally paid in kind, is usually one-half. 1 Mill, Pol. Econ. 296, 363; and 2 Smith, Wealth Nat 3, c. ii. The system prevails in some parts of France and Italy.
METECORN. A measure or portion of corn, given by a lord to customary tenants as a reward and encouragement for labor. Cowell.
METEGAVEL. A tribute or rent paid In victuals. Cowell.
METER. An instrument of measurement; as a coal-meter, a gas-meter, a land-meter.
METES AND BOUNDS. In conveyanc­ing. The boundary lines of lands, with their terminating points or angles. People v. Guthrie, 46 111. App. 128; Rollins v. Mooers, 25 Me. 196.
METEWAND, or METETARD. A staff of a certain length wherewith measures are taken.
METHEIt. Sax. Speech; discourse. Mathlian, to speak; to harangue. Anc. Inst Eng.
METHOD. In patent law. "Engine" and "method" mean the same thing, and may b« the subject of a patent. Method, properly speaking, is only placing several things, or performing several operations, in the most convenient order, but it may signify a con­trivance or device. Fessen. Pat. 127; Horn-blower v. Boulton, 8 Term R. 106.
METHOMANIA. See Insanity.
METRE. The unit of measure in the "metric system" of weights and measures. It is a measure of length, being the ten-mil­lionth part of the distance from the equator

METRIC SYSTEM
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to the north pole, and equivalent to 39.37 Inches. From this unit all the other denom­inations of measure, as well as of weight, are derived. The metric system was first adopted in France in 1795.
METRIC SYSTEM. A system of meas­ures for length, surface, weight, and capaci­ty, founded on the metre as a unit. It orig­inated in France, has been established by law there and in some other countries, and is recommended for general use by other governments.
METROPOLIS. A mother city; one from which a colony was sent out. The capital of a province. Calvin.
METROPOLITAN. In English law. One of the titles of an archbishop. Derived from the circumstance that archbishops were consecrated at first in the metropolis of a province. 4 Inst. 94.
In England, the word Is frequently used to designate a statute, institution, govern­mental agency, etc., relating exclusively or especially to the city of London; e. g., the metropolitan board of works, metropolitan buildings act, etc.
—Metropolitan board of works. A board constituted in 1855 by St. 18 & 19 Vict. c. 120, for the better sewering, draining, paving, cleansing, lighting, and improving the metropolis (London.) The board is elected by vestries and district boards, who in their turn are elected by the rate-payers. Wharton.—Metropolitan
?olice district. A region composed of New ork city and some adjacent territory, which was, for police purposes, organized as one dis­trict, and provided with a police force common to the whole.
METTESHEP, or METTENSCHEP. In
old records. An acknowledgment paid in a certain measure of corn; or a fine or pen­alty imposed on tenants for default in not do­ing their customary service in cutting the lord's corn.
METUS. Lat. Fear; terror. In a tech­nical sense, a reasonable and well-grounded apprehension of some great evil, such as death or mayhem, and not arising out of mere timidity, but such as might fall upon a man of courage. Fear must be of this de­scription in order to amount to duress avoid­ing a contract. See Bract, lib. 2, c. 5; 1 Bl. Comm. 131; Calvin.
MEUBLES. In French law. The mov­ables of English law. Things are meubles from either of two causes: (1) From their own nature, e. g., tables, chairs; or (2) from the determination of the law, e. g., obliga­tions.
—Meubles menblans. In French law. The utensils and articles of ornament usual in a dwelling-house. Brown.
Menm est promittere, non dimittere.
It is mine to promise, not to discharge. 2 Rolle, 39.
MICHAELMAS. The feast of the Arch­angel Michael, celebrated in England on the 29th of September, and one of the usual quarter days.
—-Michaelmas bead court. A meeting of the heritors of Scotland, at which the roll of free­holders used to be revised. See Bell.—Mi^ ebaelntas term. One of the four terms of the English courts of common law, beginning on the 2d day of November and ending on the 25th. 3 Steph. Comm. 562.
MICHE, or MICH. O. Eng. To prac­tice crimes requiring concealment or secrecy; to pilfer articles secretly. Micher, one who practices secret crime. Webster.
MICHEL-GEMOT. One of the names of the general council immemorially held in England. The Witenagemote.
One of the great councils of king and noblemen in Saxon times. Jacob.
MICHEL-SYNOTH. Great council. One of the names of the general council of the kingdom in the times of the Saxons. 1 BI. Comm. 147.
MICHERY. In old English law. Theft; cheating.''
MIDDLE TERM. A phrase used in log­ic to denote the term which occurs in both of the premises in the syllogism, being the means of bringing together the two terms in the conclusion.
MIDDLE THREAD. The middle thread of a stream is an imaginary line drawn lengthwise through the middle of Its current
MIDDLEMAN. An agent between two parties, an intermediary who performs the office of a broker or factor between seller and buyer, producer and consumer, land-owner and tenant, etc. Southack v. Lane, 32 Misc. Rep. 141, 65 N Y. Supp. 629; Synnott y. Sh'aughnessy, 2 Idaho, 122, 7 Pac. 89.
A middleman, in Ireland, is a person who takes land in large tracts from the proprie­tors, and then rents it out to the peasantry in small portions at a greatly enhanced price. Wharton.
MIDDLESEX, BILL OF. See BILL.
MIDSHIPMAN. In ships of war, a kind of naval cadet, whose business is to second or transmit the orders of the superior officers and assist in the necessary business of the vessel, but understood to be in training for a commission. A passed midshipman is one who has passed an examination and is a candidate for promotion to the rank of lieu­tenant. See U. S. v. Cook, 128 U. S. 254, 9 Sup. Ct. 108, 32 L. Ed. 464.
MIDSUMMER-DAY. The summer sol­stice, which is on the 24th day of June, and

MIDWIFE
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the feast of St. John the Baptist, a festival first mentioned by Maximus Tauricensis, A. D. 400. It is generally a quarter-day for the payment of rents, etc. Wharton.
MIDWIFE. In medical jurisprudence. A woman who practices midwifery; an ac­coucheuse.
MIESES. In Spanish law. Crops of grain. White, New Recop. b. 1, tit. 7, c. 5, §2.
Migrans jura amittat ae privilegia et immunitates domicilii prioris. One who
emigrates will lose the rights, privileges, and immunities of his former domicile. Voet, Com. ad. Pand. torn. i. 347; 1 Kent, Comm. 76.
MILE. A measure of length or distance, containing 8 furlongs, or 1,760 yards, or 5,280 feet This is the measure of an ordi­nary or statute mile; but the nautical or geographical mile contains 6,080 feet.
MILEAGE. A payment or charge, at a fixed rate per mile, allowed as a compensa­tion for traveling expenses to members of leg­islative bodies, witnesses, sheriffs, and bail­iffs. Richardson v. State, 66 Ohio St, 108, 63 N. E. 593; Howes v. Abbott, 78 Cal. 270, 20 Pac. 572.
MILES. Lat In the civil law. A sol­dier.
In old English law. A knight, because military service was part of the feudal ten­ure. Also a tenant by military service, not a knight 1 Bl. 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. See Bounty.— Military causes. In English law. Causes of action or injuries cognizable in the court mili­tary, or court of chivalry. 3 Bl. Comm. 103. —Military commissions. Courts whose pro­cedure and composition are modeled upon courts-martial, being the tribunals by which al­leged violations of martial law are tried and de­termined. The membership of such commissions is commonly made up of civilians and army officers. They are probably not known outside of the United States, and were first used bv General Scott during the Mexican war. 15 Amer. & Eng. Enc. Law, 473—Military courts. In England the court of chivalry and courts-martial, in America courts-martial and courts of inquiry, are called by this general name.—Military feuds. See Feud.—Mili­tary government. The dominion exercised by a general over a conquered state or province. It is a mere application or extension of the force by which the conquest was effected, to the end of keeping the vanquished in subjection; and being derived from war, is incompatible with a state of peace. Com. v. Shortall, 206 Pa. 165, 55 Atl. 952, 65 L. R. A. 193, 98 Am. St
Rep. 759.—Military jurisdiction. "There are, under the constitution, three kinds of mili­tary jurisdiction,—one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be ex­ercised in time of invasion or insurrection with­in the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be called 'jurisdiction under mili­tary law,' and is found in acts of congress pre­scribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as 'military government,' superseding, as far as may be deemed expedient, the local law, and ex­ercised by the military commander under the direction of the president, with the express or implied sanction of congress; • while the third may be denominated 'martial law proper,' and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection or in­vasion, or of civil or foreign war, within dis­tricts or localities where ordinary law no longer adequately secures public safety and private rights." Per Chase, C. J., in Ex parte Milligan, 4 Wall. 141, 18 L. Ed. 281.—Military law. A system of regulations for the government of an army. 1 Kent, Comm. 341, note. That branch of the laws which respects military dis­cipline and the government of persons employ­ed in the military service. De Hart. Mil. Law, 16. State v. Rankin, 4 Cold. (Tenn.) 156; Johnson v. Jones, 44 111. 153, 92 Am. Dec. 159; In re Bogart, 3 Fed. Cas. 801; Neall v. U. S., 118 Fed. 704, 56 C. C. A. 31.—Military-of­fenses. Those offenses which are cognizable by the courts military, as insubordination, sleep­ing on guard, desertion, etc.—Military state. The soldiery of the kingdom of Great Britain. —Military tenures. The various tenures by knight-service, grand-serjeanty, cornage, etc., are frequently called "military tenures, from the nature of the services which they involved. 1 Steph. Comm. 204.—Military testament. See Testament.
MILITES. Lat. Knights; and, In Scotch law, freeholders.
MILITIA. The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies, as dis­tinguished from regular troops or a standing army. See Ex parte McCants, 39 Ala. llz; Worth v. Craven County, 118 N. a 112, 24 S. E. 778; Brown v. Newark, 29 N. J. Law, 238.
MILL. 1. A machine or engine for grind­ing, sawing, manufacturing, etc.; also the building containing such machinery. State v. Livermore, 44 N. H. 387; Lamborn v. Bell, 18 Colo. 346, 32 Pac. 989, 20 L. R. A. 241; Home Mut. Ins. Co. v. Roe, 71 Wis. 33, 36 N. W. 594; Halpin v. Insurance Co., 120 N. Y. 73, 23 N. E. 989; Southwest Missouri Light Co. v. Scheurich, 174 Mo. 235, 73 S. W. 496.
—Mill-holms. Low meadows and other fields in the vicinity of mills, or watery places about mill-dams. Enc. Lond.—Mill privilege. The right of a riparian proprietor to erect a mill on his land and to use the power furnished by tJ»e

MILL
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MINERAL

stream for the purpose of operating the mill, with due regard to the rights of other owners above and below him on the stream. Gould v. Boston Duck Co., 13 Gray (Mass.) 452; Hutch­inson v. Chase, 39 Me. 511, 63 Am. Dec. 645 T Moore v. Fletcher, 16 Me. 65, 33 Am. Dec. 633; Whitney v. Wheeler Cotton Mills, 151 Mass. 396, 24 N. E. 774, 7 L. R. A. 613.—Mill site. In general, a parcel of land on or contiguous to a water-course, suitable for the erection and operation of a mill operated by the power fur­nished by the stream. See Occum Co. v. Sprague Mfg. Co., 35 Conn. 512; Hasbrouct y. Vermilyea, 6 Cow. (N. Y.) 681; Mandeville v. Comstock, 9 Mich. 537. Specifically, in Amer­ican mining law, a parcel of land constituting a portion of the public domain, located and claimed by the owner of a mining claim under the laws of the United States (or purchased by him from the government and patented,) not exceeding five acres in extent, not including any mineral land, not contiguous to the vein or lode, and occupied and used for the purpose of a mill or for other uses directly connected with the operation of the mine; or a similar parcel of land located and actually used for the pur­pose of a mill or reduction plant, but not by the owner of an existing mine nor in connec­tion with any particular mining claim. See U. S. Rev. St. § 2337 (U. S. Comp. St. 1901, p. 1436.)
2. An American money of account, of the value of the tenth part of a cent
MILLBANK PRISON. Formerly called the "Penitentiary at Millbank." A prison at Westminster, for convicts under sentence of transportation, until the sentence or order shall be executed, or the convict be entitled to freedom, or be removed to some other place of confinement. This prison is placed under the inspectors of prisons appointed by the secretary of state, who are a body corporate, "The Inspectors of the Millbank Prison." The inspectors make regulations for the government thereof, subject to the approbation of the secretary of state, and yearly reports to him, to be laid before par­liament. The secretary also appoints a gov­ernor, chaplain, medical officer, matron, etc. Wharton.
MILLEATE, or MILL-LEAT. A trench to convey water to or from a mill. St. 7 Jac. I. c. 19.
MULED MONET. This term means merely coined money; and it is not necessary that it should be marked or rolled on the edges. Leach, 708.
MIL-REIS. The name of a piece of money in the coinage of Portugal, and the Azores and Madeira islands. Its value at the custom-house, according as it is coined in the first, second, or third of the places named, is $1.12, or 83% cents, or $1.
MINA. In old English law. A measure of corn or grain. Cowell; Spelman.
MINAGE. A toll or duty paid for sell­ing corn by the mina. Cowell.
MINARE. In old records. To mine or dig mines. Minator, a miner. Cowell.
MINATOB CARUCiE. A plowman. Cowell.
Minatur innocentibus qui parcit no-centibus. 4 Coke, 45. He threatens the in­nocent who spares the guilty.
MIND. In its legal sense, "mind" means only the ability to will, to direct, to permit, or to assent In this sense, a corporation has a mind, and exerts its mind each time that it assents to the terms of a contract McDermott v. Evening Journal Ass'n, 43 N. J. Law, 492, 39 Am. Rep. 606.
—Mind and memory. A phrase applied to testators, denoting the possession of mental ca­pacity to make a will. In order to make a valid will, the testator must have a sound and dis­posing mind and memory. In other words, he ought to be capable of making his will, with an understanding of the nature of the business in which he is engaged, a recollection of the prop-v erty he means to dispose of, of the persons who are the objects of his bounty, and the manner in which it is to be distributed between them. Harrison v. Rowan, 3 Wash. C. C. 585, Fed. Cas. No. 6,141.
MINE. A pit or excavation in the earth, from which metallic ores or other mineral substances are. taken by digging. Webster; Marvel v. Merritt 116 U. S. 11, 6 Sup. Ct 207, 29 L. Ed. 550; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 39 L. R. A. 249, 66 Am. St Rep. 740.
MINER. One who mines; a digger for metals and other minerals. While men of scientific attainments, or of experience in the use of machinery, are to be found in this class, yet the word by which the class is designated imports neither learning nor skill. Watson v. Lederer, 11 Colo. 577, 19 Pac. 604, 1 L. R. A. 854, 7 Am. St Rep. 263. .—Miner's inch. See Inch.
MINERAL, ft. Any valuable inert or lifeless substance formed or deposited in its present position through natural agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the soil. Barringer & Adams, Mines, p. lxxvi.
Any natural constituent of the crust of the earth, inorganic or fossil, homogeneous in struc­ture, having a definite chemical composition and known crystallization. See Webster; Cent. Diet.
The term includes all fossil bodies or matters dug out of mines or quarries, whence anything may be dug, such as beds of stone which may be quarried. Earl of Rosse v. Wainman, 14 Mees. & W. 872.
In its common acceptation, the term may be said to include those parts of the earth which are capable of being mined or extracted from beneath the surface, and which have a commer­cial value. Williams v. South Penn Oil Co., 52 W. Va. 181, 43 S. E. 214, 60 L. R. A. 795. But, in its widest sense, "minerals" may be described as comprising all the substances which

MINERAL 1
now form or which once formed a part of the solid body of the earth, both external and in­ternal, and which are now destitute of or in­capable of supporting animal or vegetable life. In this sense, the word includes not only the various ores of the precious metals, but also coal, clay, marble, stone of various sorts, slate, salt, sand, natural gas, petroleum, and water. See Northern Pac R. Co. v. Soderberg, 104 Fed. 425, 43 C. C. A. 620; Murray v. Allred, 100 Tenn. 100, 43 S. W. 355, 39 L. R. A. 249, 66 Am St. Rep. 740; Gibson v. Tyson, 5 Watts (Pa.) 38; Henry v. Lowe, 73 Mo. 99; West­moreland, etc., Gas Co. v. De Witt, 130 Pa. 235, 18 Atl. 724, 5 L. R. A. 731; Marvel v. Merritt, 116 U. S. 11, 6 Sup. Ct. 207, 29 L. Ed. 550; Caldwell v. Fulton, 31 Pa. 475, 72 Am. Dec. 760; Dunham v. Kirkpatrick, 101 Pa. 43, 47 Am. Rep. 696; State v. Parker, 61 Tex. 268; Ridgway Light, etc., Co. v. Elk County, 191 Pa. 465, 43 Atl. 323.
MINERAL, adj. Relating to minerals or the process and business of mining; bearing or producing valuable minerals.
—Mineral district. A term occasionally used in acts of congress, designating in a general way those portions or regions of the country where valuable minerals are mostly found, or where the business of mining is chiefly carried on, but carrying no very precise meaning and not a known term of the law. See U. S. v. Sniith (C. a) 11 Fed. 490.—Mineral lands. See Land. —Mineral land entry. See Entry.
MINERATOR. In old records. A miner.
Minima poena corporalis est major gnalibet pecnniaria. The smallest corpo­ral punishment is greater than any pecuni­ary one. 2 Inst 220.
Minime mntanda snnt quae certam habuernnt interpretationem. Things which have had a certain interpretation [whose interpretation has been settled, as by common opinion] are not to be altered. Co. Litt 365; Wing. Max. p. 748, max. 202.
MINIMENT. An old form of muniment, (q. v.) Blount
Minimum est nihilo proximum. The
smallest is next to nothing.
MINING. The process or business of ex­tracting from the earth the precious or valu­able metals, either in their native state or in their ores. In re Rollins Gold Min. Co. (D. C.) 102 Fed. 985. As ordinarily used, the term does not include the extraction from the earth of rock, marble, or slate, which is commonly described as "quarrying," al­though coal and salt are "mined;" nor does it include sinking wells or shafts for petro­leum or natural gas, unless expressly so de­clared by statute, as is the case in Indiana. See State v. Indiana, etc., Min. Co., 120 Ind. 575, 22 N. E. 778, 6 L, R. A. 579; Williams v. Citizens' Enterprise Co., 153 Ind. 496, 55 N. E. 425.
—Mining claim. A parcel of land, containing precious metal in its soil or rock, and appro­priated by an individual, according to establish­ed rules, by the process of "location." St
0 MINISTER
Louis Smelting & Refining Co. v. Kemp, 104 U. S, 649, 26 L. Ed. 875; Northern Pac. R. Co. v. Sanders, 49 Fed. 135, 1 C. C. A. 192; Glee-son v. Mining Co., 13 Nev. 470; Lockhard v. Asher Lumber Co. (C. C.) 123 Fed. 493.—Min­ing companies. This designation was former­ly applied in England to the associations form­ed in London in 1825 for working mines in Mexico and South America; but at present it comprises, both in England' and America, all mining projects carried on by joint-stock as­sociations or corporations. Rapalje & Lawrence. —Mining district. A section of country usu­ally designated by name and described or un­derstood as being confined within certain nat­ural boundaries, in which the precious metals (or their ores) are found in paying quantities, • and which is worked therefor, under rules and regulations prescribed or agreed upon by the miners therein. U. S. v. Smith (C. C.) 11 Fed. 490.—Mining lease. A lease of a mine or mining claim or a portion thereof, to be work­ed by the lessee, usually under conditions as to the amount and character of work to be done, and reserving compensation to the lessor either in the form of a fixed rent or a royalty on the tonnage of ore mined, and which (as distinguish­ed from a license) conveys to the lessee an in­terest or estate in the land, and (as distinguish­ed from an ordinary lease) conveys not merely the temporary use and occupation of the land, but a portion of the land itself, that is, the ore in place and unsevered and to be extracted by the lessee. See Austin v. Huntsville Min. Co., 72 Mo. 541, 37 Am. Rep. 446; Buchannan v. Cole, 57 Mo. App. 11; Knight v. Indiana Coal Co., 47 Ind. 113, 17 Am. Rep. 692; Sanderson v. Scranton, 105 Pa. 473.—Mining location. The act of appropriating and claiming, accord­ing to certain established rules and local cus­toms, a parcel of land of defined area, upon or in which one or more of the precious metals or their ores have been discovered, and which con­stitutes a portion of the public domain, with the declared intention to occupy and work it for mining purposes.under the implied license of the United States. Also the parcel of land so oc­cupied and appropriated. See Poire v. Wells, 6 Colo. 412; St. Louis Smelting & Refining Co. v. Kemp, 104 U. S. 649, 26 L. Ed. 875; Golden Fleece, etc., Min. Co. v. Cable, etc., Min. Co., 12 Nev. 328; Gleeson v. Martin White Min. Co., 13 Nev. 456; Walrath v. Champion Min. Co. (C. C.) 63 Fed. 556.—Mining partner-ship. An association of several owners of a mine for co-operation in working the mine. A mining partnership is governed by many of the rules relating to ordinary partnerships, but also by some rules peculiar to itself, one of which is that one person may convey his interest in the mine and business without dissolving the part­nership. Kahn v. Central Smelting Co., 102 U. S. 645, 26 L. Ed. 266; Higgins v. Arm­strong, 9 Colo. 38, 10 Pac. 232; Skillman v. Lachman, 23 Cal. 203, 83 Am. Dec. 96; Kim-berly v. Arms, 129 U. S. 512, 9 Sup. Ct. 355, 32 L. Ed. 764.
MINISTER. In public law. One of
the highest functionaries in the organization of civil government, standing next to the sovereign or executive head, acting as his immediate auxiliary, and being generally charged with the administration of one of the great bureaus or departments of the executive branch of government. Otherwise called a "cabinet minister," "secretary of state," or "secretary of a department"
In international law. An officer ap­pointed by the government of one nation as a mediator or arbitrator between two other nations who are engaged in a controversy,

MINISTER
781 MINOR SEPTEMDEOIM

with their consent, with a view to effecting an amicable adjustment of the dispute.
A general name given to the diplomatic representatives sent by one state to another, Including ambassadors, envoys, and resi­dents.
In ecclesiastical law. A person ordain­ed according to the usages of some church or associated body of Christians for the preach­ing of the gospel and filling the pastoral office.
In practice. An officer of justice, charg­ed with the execution of the law, and hence termed a "ministerial officer;" such as a sheriff, bailiff, coroner, sheriffs officer. Britt. c. 21.
An agent; one who acts not by any inher­ent authority, but under another.
—Foreign minister. An ambassador, minis­ter, or envoy from a foreign government. Cher­okee Nation v. Georgia, 5 Pet 56, 8 L. Ed. 25. —Public minister. In international law. A general term comprehending all the higher class­es of diplomatic representatives,—as ambassa­dors, envoys, residents,—but not including the commercial representatives, such as consuls.
MINISTERIAL. That which is done un­der the authority of a superior; opposed to judicial; that which involves obedience to instructions, but demands no special discre­tion, judgment, or skill.
—Ministerial act. A ministerial act may be defined to be one which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment, upon the propriety of the act being done. Acts done out of court in bringing parties into court are, as a general proposition, minis­terial acts. Pennington v. Streight, 54 Ind. 376; Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 L. R. A. 481; State v. Nash, 66 Ohio St. 612, 64 N. E. 558: Grider v. Tally, 77 Ala. 424, 54 Am. Rep. 65.—Ministerial dnty. A minis­terial duty, the performance of which may in proper cases be required of a public officer by judicial proceedings, is one in respect to which nothing is left to discretion; it is a simple, definite duty arising under circumstances ad­mitted or proved to exist and imposed by law. State v. McGrath, 92 Mo. 355, 5 S. W. 29; Mississippi v. Johnson, 4 Wall. 498, 18 L. Ed. 437; People v. Jerome, 36 Misc. Rep. 256, 73 N. T. Supp. 306; Duvall v. Swann, 94 Md. 608, 51 Atl. 617; Gledhill v. Governor, 25 N. J. Law, 351. A ministerial duty arises when an individual has such a legal interest in its performance that neglect of performance be­comes a wrong to such individual. Morton v. Comptroller General, 4 S. C. 473.—Ministe­rial officer. One whose duties are purely min­isterial, as distinguished from executive, legis­lative, or judicial functions, requiring obedience to the mandates of superiors and not involving the exercise of judgment or discretion. See U. S. v. Bell (C. C.) 127 Fed. 1002; Waldoe v. Wallace, 12 Ind. 572; State v. Loechner. 65 Neb. 814, 91 N. W. 874, 59 L. R. A. 915; Reid v. Hood. 2 Nott & McC. (S. C.) 169, 10 Am. Dec. 582—Ministerial power. See Poweb. —Ministerial trust. See Trust.
MINISTRANT. The party cross-exam­ining a witness was so called, under the old system of the ecclesiastical courts.
MINISTRI REGIS. Lat In old Eng­lish law. Ministers of the king, applied to the judges of the realm, and to all those who hold ministerial offices in the government 2 Inst. 208.
MINISTRY. Office; service. Those members of the government who are in the cabinet.
MINOR. An infant or person who is un­der the age of legal competence. A term de­rived from the civil law, which described a person under a certain age as less than so many years. Minor vigmti quinque annis, one less than twenty-five years of age. Inst 1, 14, 2.
Also, less; of less consideration; lower; a person of inferior condition. Fleta, 2, 47, 13, 15; Calvin.
—Minor cetas. Lat Minority or infancy. Cro. Car. 516. Literally, lesser age.—Minor fact. In the law of evidence. A relative, col­lateral, or subordinate fact; a circumstance. Wills, Circ. Bv. 27; Burrill, Circ. Bv. p. 121, note, 582.
Minor ante tempns agere non potest in casn proprietatis nee etiam conve-nire; differetnr nsqne setatem; sed non cadit breve. 2 Inst. 291. A minor before majority cannot act in a case of property, nor even agree; it should be deferred until majority; but the writ does not fail.
Minor jurare non potest. A minor can­not make oath. Co. Litt. 1726. An infant cannot be sworn on a jury. Litt 289.
Minor minorent custodire non debet, alios enim prsesnmitur male regere qui seipsnm regere nescit. A minor ought not to be guardian to a minor, for he who knows not how to govern himself is presum­ed to be unfit to govern others. Fleta, lib. 1, c. 10; Co. Litt. 886.
Minor non tenetnr respondere durante minori setate, nisi in causa dotis, prop­ter favorem. 3 Bulst 143. A minor is not bound to reply during his minority, except as a matter of favor in a cause of dower.
Minor qui infra setatem 12 annorum fuerit ultagari non potest, nee extra le­gem poni, quia ante talem setatem, non est sub lege aliqua, nee in decenna. Co.
Litt. 128. A minor who is under twelve years of age cannot be outlawed, nor placed without the law, because before such age he Is not under any law, nor in a decennary.
Minor septemdecim annis non admit--titur fore executorem. A person under seventeen years is not admitted to be an ex­ecutor. 6 Coke, 67. A rule of ecclesiastical law.

MINORA REGALIA
782
MISCARRIAGE

MINORA REGALIA. In English law. The lesser prerogatives of the crown, includ­ing the rights of the revenue. 1 Bl. Comm. 241.
MINORITY. The state or condition of a minor; infancy.
The smaller number of votes of a delib­erative assembly; opposed to majority, (which see.)
MINT. The place designated by law where bullion is coined into money under authority of the government.
Also a place of privilege in Southwark, near the king's prison, where persons for­merly sheltered themselves from justice un­der the pretext that it was an ancient palace of the crown. The privilege Is now abolish­ed. Wharton.
—Mint-mark. The masters and workers of the English mint, in the indentures made with them, agree "to make a. privy mark in the money they make, of gold and silver, so that they may know which moneys were of their own making." After every trial of the pix, having^ proved their moneys to be lawful, they are entitled to their quietus under the great seal, and to be dis­charged from all suits or actions. Wharton. —Mint-master. One who manages the coin­age.
MINTAGE. The charge or commission taken by the mint as a consideration for coining into money the bullion which is brought to it for that purpose; the same as "seigniorage."
Also that which is coined or stamped as money; the product of the mint
MINUS. Lat. In the civil law. Less; less than. The word had also, in some con­nections, the sense of "not at all." For ex­ample, a debt remaining wholly unpaid was described as "minus solutum."
Minns solvit, qui tardius solvit. He
does not pay who pays too late. Dig. 50, 16, 12, 1.
MINUTE. In measures of time or cir­cumference, a minute is the sixtieth part of an hour or degree.
In practice. A memorandum of what takes place in court, made by authority of the court. Moore v. State, 3 Helsk. (Tenn.) 509.
—Minute-book. A book kept by the clerk or prothonotary of a courjt for entering memoranda of its proceedings.
MINUTES. In Scotch practice. A
pleading put into writing before the lord or­dinary, as the ground of his judgment Bell.
In business law. Memoranda or notes of a transaction or proceeding. Thus, the record of the proceedings at a meeting of di­rectors or shareholders of a company is call­ed the "minutes."
MINUTIO. Lat. In the civil law. A lessening; diminution or reduction. Dig. 4, 5, 1.
MIRROR. The Mirror of Justice, or of the Justices, commonly spoken of as the "Mirror," is an ancient treatise on the laws of England, written during the reign of Ed­ward II., and attributed to one Andrew Home.
MIS. An inseparable particle used in composition, to mark an ill sense or deprava­tion of the meaning; as "miscomputation" or "misaccompting," i. c, false reckoning. Sev­eral of the words following are illustrations of the force of this monosyllable.
MISA. In old English, law. The mise or issue in a writ of right Spelman.
In old records. A compact or agreement; a form of compromise. Cowell.
MISADVENTURE. A mischance or ac­cident; a casualty caused by the act of one person and inflicting injury upon another. Homicide "by misadventure" is where a man, doing a lawful act, without any In­tention of hurt, unfortunately kills another. 4 Bl. Comm. 182; Williamson v. State, 2 Ohio Cir. Ct. R. 292; Johnson v. State, 94 Ala. 35, 10 South. 667.
MISALLEGE. To cite falsely as a proof or argument.
MISAPPLICATION. Improper, illegal, wrongful, or corrupt use or application of funds, property, etc. Jewett v. U. S., 100 Fed. 840, 41 O. C. A. 88; U. S. v. Youtsey (C. C.) 91 Fed. 867; U. S. v. Taintor, 28 Fed. Cas. 9.
MISAPPROPRIATION. This Is not a technical term of law, but It is sometimes applied to the misdemeanor which is com­mitted by a banker, factor, agent, trustee, etc, who fraudulently deals with money, goods, securities, etc., intrusted to him, or by a director or public officer of a corpora­tion or company who fraudulently misap­plies any of its property. Steph. Crim. Dig. 257, et seq.; Sweet. And see Winchester v. Howard, 136 Cal. 432, 64 Pac. 692, 89 Am. St. Rep. 153; Frey v. Torrey, 70 App. Div. 166, 75 N. Y. Supp. 40.
MISBEHAVIOR. Ill conduct; Improper or unlawful behavior. Verdicts are some­times set aside on the ground of misbehavior of jurors. Smith v. Cutler, 10 Wend. (N. Y.) 590, 25 Am. Dec. 580; Turnbull v. Martin, 2 Daly (N. Y.) 430; State v. Arnold, 100 Tenn. 307, 47 S. W. 221.
MISCARRIAGE. In medical juris-prudence. The expulsion of the ,ovum or embyro from the uterus within the first six

MISCARRIAGE
783
MISERERE

weeks after conception. Between that time, and before the expiration of the sixth month, when the child may possibly live, it is termed "abortion." When the delivery takes place soon after the sixth month, it is denominated "premature labor." But the criminal act of destroying the foetus at any time before birth is termed, in law, "pro­curing miscarriage." Chit. Med. Jur. 410. See Smith v. State, 33 Me. 59, 54 Am. Dec. 607; State v. Howard, 32 Vt. 402; Mills v. Com., 13 Pa. 632; State v. Crook, 16 Utah, 212, 51 Pac. 1091.
In practice. As used in the statute of frauds, ("debt, default, or miscarriage of an­other,") this term means any species of un­lawful conduct or wrongful act for which the doer could be held liable in a civil ac­tion. Gansey v. Orr, 173 Mo. 532, 73 S. W. 477.
MISCEGENATION. Mixture of races; marriage between persons of different races; as between a white person and a negro.
MISCHARGE. An erroneous charge; a charge, given by a court to a jury, which in­volves errors for which the judgment may be reversed.
MISCHIEF. In legislative parlance, the word is often used to signify the evil or danger which a statute is intended to cure or avoid.
In the phrase "malicious mischief," (which see,) it imports a wanton or reckless injury to persons or property.
MISCOGNISANT. Ignorant; uninform­ed. The word is obsolete.
MISCONDUCT. Any unlawful conduct on the part of a person concerned in the ad­ministration of justice which is prejudicial to the rights of parties or to the right deter­mination of the cause; as "misconduct of jurors," "misconduct of an arbitrator." The term is also used to express a dereliction from duty, injurious to another, on the part of one employed in a professional capacity, as an attorney at law, (Stage v. Stevens, 1 Denio [N. Y.] 267,) or a public officer, (State v. Leach, 60 Me. 58, 11 Am. Rep. 172.)
MISCONTINUANCE. In practice. An Improper continuance; want of proper form in a continuance; the same with "discontin­uance." Cowell.
MISCREANT. In old English law. An apostate; an unbeliever; one who totally re­nounced Christianity. 4 Bl. Comm. 44.
IflSDATE. A false or erroneous date affixed to a paper or document.
MISDELIVERY. The delivery of prop­erty by a carrier or warehouseman to a per-
son not authorized by the owner or person to whom the carrier or warehouseman is bound by his contract to deliver it. Cleve­land, etc., R. Co. v. Potts, 33 Ind. App. 564, 71 N. E. 689; Forbes v. Boston & L. R. Co., 133 Mass. 156.
MISDEMEANANT. A person guilty of a misdemeanor; one sentenced to punish­ment upon conviction of a misdemeanor. See First-Glass Misdemeanant.
MISDEMEANOR. In criminal law. A general name for criminal offenses of every sort, punishable by indictment or special proceedings, which do not in law amount to the grade of felony.
A misdemeanor is an act committed or omit­ted in violation of a public law either forbidding or commanding it. This general definition, how­ever, comprehends both "crimes" and "misde­meanors," which, properly speaking, are mere synonymous terms; though, in common usage, the word "crimes" is made to denote such of­fenses as are of a deeper and more atrocious dye; while smaller faults and omissions of less consequence are comprised under the milder term of "misdemeanors" only. In the English law, "misdemeanor" is generally used in contra­distinction to "felony;" and misdemeanors com­prehend all indictable offenses which do not amount to felony, as libels, conspiracies, at­tempts, and solicitations to commit felonies, etc. Brown. And see People v. Upson, 79 Hun, 87, 29 N. Y. Supp. 615; In re Bergin, 31 Wis. 386; Kelly v. People, 132 111, 363, 24 N. E. 56; State v. Hunter, 67 Ala. 83; Walsh v. People, 65 111. 65, 16 Am. Rep. 569.
MISDESCRIPTION. An error or falsity in the description of the subject-matter of a contract which deceives one of the parties to his injury, or is misleading in a material or substantial point.
MISDIRECTION. In practice. An er­ror made by a judge in instructing the jury upon the trial of a cause.
MISE. The issue in a writ of right. When the tenant in a writ of right pleads that his title is better than the demandant's, he is said to join the mdse on the mere right.
Also expenses; costs; disbursements in an action.
—Mise-money. Money paid by way of con­tract or composition to purchase any liberty, etc. Blount.
Misera est servitus, nbi jus est vagum aut incecrtnm. It is a wretched state of slavery which subsists where the law is vague or uncertain. 4 Inst. 245; Broom, Max. 150.
MISERABILE DEPOSITUM. Lat. In the civil law. The name of an Involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevi­table calamity. Poth. Proc. Civile, pt. 5, c. 1, % 1; Code La. 2935.
MISERERE. The name and first word of one of the penitential psalms, being that


MISREPRESENTATION 785 MITIOR SENSUS
Influential in producing it Wise v. Fuller, 29 N. J. Eq. 262.
False or fraudulent misrepresention is a representation contrary to the fact, made by a person with a knowledge of its falsehood, and being the cause of the other party's en­tering into the contract 6 Clark & F. 232.
'Negligent misrepresentation is a false rep­resentation made by a person who has no reasonable grounds for believing it to be true, though he does not know that it is untrue, or even believes it to be true. L E. 4 H. L 79.
Innocent misrepresentation is where the person making the representation had rea­sonable grounds for believing it to be true. L R. 2 Q. B. 580.
MISSA. Lat The mass.
MISSiE PRESBYTER. A priest in or­ders. Blount
MISSAL. The mass-book.
MISSIIiIA. In Roman law. Gifts or lib­eralities, which the praetors and consuls were In the habit of throwing among the people. Inst 2, 1, 45.
MISSING SHIP. In maritime law. A vessel is so called when, computed from her known day of sailing, the time that has elapsed exceeds the average duration of simi­lar voyages at the same season of the year. 2 Duer, Ins. 469.
MISSIO. Lat. In the civil law. A send­ing or putting. Missio in Bona, a putting the creditor in possession of the debtor's prop­erty. Mackeld. Rom. Law, § 521. Missio judicium in consilium, a sending out of the judices (or jury) to make up their sentence. Hallifax, Civil Law, b. 3, c. 13, no. 31.
MISSIVES. In Scotch law. Writings passed between parties as evidence of a transaction. Bell.
MISSTAICUS. In old records. A mes­senger.
MISTAKE. Some unintentional act, omission, or error arising from ignorance, sur­prise, imposition, or misplaced confidence. Code Ga. § 3117; 1 Story, Eq. Jur. § 110.
That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would not have done. Jeremy, Eq. Jur. 358.
A mistake exists when a person, under some erroneous conviction of law or fact, does, or omits to do, some act which, but for the erroneous conviction, he would not have done or omitted. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence. Bisph. Eq. S 185. And see Allen v. Elder, 76 Ga. 677, Bl.Law Dict.(2d Ed.)—50
2 Am. St Rep. 63; Russell v. Colyar, 4 Heisk. (Tenn.) 154; Peasley v. McFadden, 68 Cal. 611, 10 Pac. 179; Cummins v. Bulgin, 37 N. J. Eq. 476; Chicago, etc., R. Co. v. Hay, 119 111. 493, 10 N. E. 29; McLoney v. Edgar, 7 Pa. Co. Ct R. 29.
Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed. Civ. Code Cal. § 1577.
A mistake of law happens when a party, hav­ing full knowledge of the facts, comes to an er­roneous conclusion as to their legal effect. It is a mistaken opinion or inference, arising from an imperfect or incorrect exercise of the judg­ment, upon facts as they really are; and, like a correct opinion, which is law, necessarily pre­supposes that the person forming it is in full possession of them. The facts precede the law, and the true and false opinion 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, which every man is presumed to know, and is called "law;" the other, the result of a faulty applica­tion, and is called a "mistake of law." Hurd v. Hall, 12 Wis. 124.
Mutual mistake is where the parties have a common intention, but it is induced by a com­mon or mutual mistake.
MISTERT. A trade or calling. Cowell.
MISTRESS. The proper style of the wife of an esquire or a gentleman in England.
MISTRIAL. An erroneous, invalid, or nugatory trial; a trial of an action which cannot stand in law because of want of juris­diction, or a wrong drawing of jurors, or dis­regard of some other fundamental requisite.
MISUSER. Abuse of an office or fran­chise. 2 Bl. Comm. 153.
MITIGATION. Alleviation; abatement or diminution of a penalty or punishment im­posed by law. "Mitigating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be con­sidered as extenuating or reducing the degree of moral culpability. See Heaton v. Wright, 10 How. Prac. (N. Y.) 82; Wandell v. Ed­wards, 25 Hun (N. Y.) 500; Hess v. New York Press Co., 26 App. Div. 73, 49 N. Y. Supp. 894.
—Mitigation of damages. A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiffs cause of action, or a justification, nor yet of facts which constitute a cause of action in favor of the defendant, but rather facts which show that the plaintiffs conceded cause of action does not entitle him to so large an amount as the show­ing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226.
MITIOR SENSUS. Lat The more fa­vorable acceptation.

MITIUS IMPERANTI
786
MODEL

Mitius imperanti melius paretur. The
more mildly one commands, the better is he obeyed. 3 Inst. 24.
MITOYENNETE. In French law. The joint ownership of two neighbors in a wall, ditch, or hedge which separates their estates.
MITTENDO MANUSCRIPTUM PEDIS FINIS. An abolished judicial writ address­ed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the common pleas. Reg. Orig. 14.
MITTER. L. Fr. To put, to send, or to pass; as, mitter Vestate, to pass the estate; nutter le droit, to pass a right. These words are used to distinguish different kinds of re­leases.
MITTER AVANT. L. Fr. In old prac­tice. To put before; to present before a court; to produce in court.
MITTIMUS. In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul tiel rec­ord is pleaded in one court to the record of another court of equal or superior jurisdic­tion, the tenor of the record is brought into chancery by a certiorari, {q. v.,) and thence sent by mittimus into the court where the action is. Tidd, Pr. 745.
In criminal practice. The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff or other officer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep such person until he shall be delivered by due course of law. Pub. St. Mass. 1882, p. 1293. Connolly v. Anderson, 112 Mass. 62; Saunders v. U. S. (D. C) 73 Fed. 786; Scott v. Spiegel, 67 Conn. 349, 35 Atl. 262.
MIXED. Formed by admixture or com­mingling; partaking of the nature, character, or legal attributes of two or more distinct kinds or classes.
—Mixed laws. A name sometimes given to those which concern both persons and property. —Mixed questions. This phrase may mean either those which arise from the conflict of foreign and domestic laws, or questions arising on a trial involving both law and fact. See Bennett v. Eddy, 120 Mich. 300, 79 N. W. 481. —Mixed subjects of property. Such as fall within the definition of things real, but which are attended, nevertheless, with pome of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings, con­nected with land. Besides these, there are oth­ers which, though things personal in point of definition, are, in respect of some of their legal qualities, of the nature of things real; such are animals ferce natures, charters and deeds, court rolls, and other evidences of the land, together with the chests in which they are contained, ancient family pictures, ornaments, tombstones, coats of armor, with pennons and other ensigns, and especially heir-looms. Wharton.
As to mixed "Action," "Blood," "Contract," "Government," "Jury," "Larceny," "Mar­riage," "Nuisance," "Policy," "Presumption," "Property," "Tithes," and "War," see those titles.
MIXTION. The mixture or confusion of goods or chattels belonging severally to different owners, in such a way that they* can no longer be separated or distinguished; as where two measures of wine belonging to different persons are poured together into the same cask.
MIXTUM IMPERIUM. Lat In old
English law. Mixed authority; a kind of civil power. A term applied by Lord Hale to the "power" of certain subordinate civil magistrates as distinct from "jurisdiction." Hale, Anal. § 11.
MOB. An assemblage of many people, acting in a violent and disorderly manner, defying the law, and committing, or threat­ening to* commit, depredations upon property or violence to persons. Alexander v. State, 40 Tex. Cr. R. 395, 50 S. W. 716; Marshall v. Buffalo, 50 App. Div. 149, 64 N. Y. Supp. 411; Champaign County v. Church, 62 Ohio St 318, 57 N. E. 50, 48 L. R. A. 738, 78 Am. St Rep. 718.
The word, in legal use, is practically syn­onymous with "riot" but the latter is the more correct term.
MOBBING AND RIOTING. In Scotch law. A general term including all those convocations of the lieges for violent and un­lawful purposes, which are attended with in­jury to the persons or property of the lieges, or terror and alarm to the neighborhood in which it takes place. The two phrases are usually placed together; but, nevertheless, they have distinct meanings, and are some­times used separately in legal language, the word "mobbing" being peculiarly applicable to the unlawful assemblage and violence of a number of persons, and that of "rioting" to the outrageous behavior of a single indi­vidual. Alls. Crim. Law, c. 23, p. 509.
MOBILIA. Lat. Movables; movable things; otherwise called "res mobiles."
Mobilia non habent situm. Movables have no situs or local habitation. Holmes v. Remsen, 4 Johns. (N. Y.) Ch. 472, 8 Am. Dec. 581.
Mobilia sequuntur personam. Movables follow the [law of the] person. Story, Confl. Law, § 378; Broom, Max. 522.
MOCKADOES. A kind of cloth made in England, mentioned in St 23 Eliz. c. 9.
MODEIi. A pattern or representation of something to be made. A fac simile Of some-

MODERAMEN INCULPATE 787
MODUS

thing invented, made on a reduced scale, in compliance with the patent laws. See State v. Fox, 25 N. J. Law, 566; Montana Ore Pur­chasing Co. v. Boston, etc., Min Co., 27 Mont. 288, 70 Pac. 1126.
MODERAMEN INCULPATE TTJ-TEUE. Lat. In Roman law. The regula­tion of justifiable defense. A term used to express that degree of force in defense of the person or property which a person might safely use, although it should occasion the death of the aggressor. Calvin; Bell.
HODERATA MISERICORDIA. A writ founded on Magna Charta, which lies for him who is amerced in a court, not of rec­ord, for any transgression beyond the quality or quantity of the offense. It is addressed to the lord of the court, or his bailiff, com­manding him to take a moderate amerciament of the parties. New Nat Brev. 167; Fitzh. Nat Brev. 76.
MODERATE CASTIGAVIT. Lat In
pleading. He moderately chastised. The name of a plea in trespass which justifies an alleged battery on the ground that it con­sisted in a moderate chastisement of the plaintiff by the defendant, which, from their relations, the latter had a legal right to in­flict
MODERATE SPEED. In admiralty law. as applied to a steam-vessel, "such speed only is moderate as will permit the steamer reasonably and effectually to avoid a collision by slackening speed, or by stopping and re­versing, within the distance at which an ap­proaching .vessel can be seen." The City of New York (C. C.) 35 Fed. 609; The Allianca (D. C.) 39 Fed. 480; The State of Alabama (D. C.) 17 Fed. 952.
MODERATOR. A chairman or president of an assembly. A person appointed to pre­side at a popular meeting. The presiding officer of town-meetings in New England is so called. See Wheeler v. Carter, 180 Mass. 382, 62 N. E. 471.
MODIATIO. In old English law. A cer­tain duty paid for every tierce of wine.
Modica circumstantia facti jus nratat.
A small circumstance attending an act may change the law.
MODIFICATION. A change; an altera­tion which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject-matter intact. Wiley v. Corporation of Bluff-ton, 111 Ind. 152, 12 N. E. 165; State v. Tuck­er, 36 Or. 291, 61 Pac. 894, 51 L. R. A. 246; Astor v. L'Amoreux, 4 Sandf. (N. Y.) 538.
"Modification" is not exactly synonymous with "amendment," for the former term denotes some
minor change in the substance of the thing, without reference to its improvement or de­terioration thereby, while the latter word im­ports an amelioration of the thing (as by chang­ing the phraseology of an instrument, so as to make it more distinct or specific) without in­volving the idea of any change in substance or essence.
In Scotch law. The term usually ap­plied to the decree of the teind court, award­ing a suitable stipend to the minister of a parish. Bell.
MODIFY. To alter; to change in inci­dental or subordinate features. See Modifi­cation.
MODIUS. Lat A measure. Specifical­ly, a Roman dry measure having a capacity of about 550 cubic inches; but in medieval English law used as an approximate transla­tion of the word "bushel."
—Modins terrse vel agri. In old English law. A quantity of ground containing in length and breadth 100 feet.
MODO ET FORMA. Lat. In manner and form. Words used in the old Latin forms of pleadings by way of traverse, and literally translated in the modern precedents, importing that the party traversing denies the allegation of the other party, not only in Its general effect, but in the exact manner and form in which it is made. Steph. PL 189, 190.
MODUS. Lat. In the civil law. Man­ner ; means; way.
In old conveyancing. Mode; manner; the arrangement or expression of the terms of a contract or conveyance.
Also a consideration; the consideration of a conveyance, technically expressed by the word "ut."
A qualification, involving the idea of va­riance or departure from some general rule or form, either by way of restriction or en­largement, according to the circumstances of a particular case, the will of a donor, the particular agreement of parties, and the like. Burrill.
In criminal pleading. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offense was committed. Tray. Lat. Max.
In ecclesiastical law. A peculiar man­ner of tithing, growing out of custom.
•—Modus de non decimando. In ecclesias­tical law. A custom or prescription of entire exemption from the payment of tithes; this is not valid, unless in the case of abbey-lands.— Modus decimandi. In ecclesiastical law. A manner of tithing; a partial exemption from tithes, or a pecuniary composition prescribed by immemorial usage, and of reasonable amount; for it will be invalid as a rank modus if greater than the value of the tithes in the

MODUS
788
MONETA

time of Richard I. Stim. Law Gloss.—Modus habilis. A valid manner.—Modus levandi fines. The manner of levying fines. The title of a short statute in French passed in the eight­eenth year of Edward I. 2 Inst. 510; 2 Bl. Coram. 349.—Modus tenendi. The manner of holding; i. «., the different species of tenures by which estates are held.—Modus transfer-rendi. The manner of transferring.—Modus vacandi. The manner of vacating. How and why an estate has been relinquished or sur­rendered by a vassal to his lord might well be referred to by this phrase. See Tray. Lat. Max. *. v.—Rank modus. One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than a rule of law. 2 Steph. Comm. 729.
Modus de non decimando non valet.
A modus (prescription) not to pay tithes is void. Lofft, 427; Cro. Eliz. 511; 2 Shars. BL Comm. 31.
Modus et conventio vineunt legem.
Custom and agreement overrule law. This maxim forms one of the first principles rel­ative to the law of contracts. The excep­tions to the rule here laid down are in cases against public policy, morality, etc. 2 Coke, 73; Broom, Max. 689, 691-695.
Modus legem dat donation!. Custom gives law to the gift Co. Litt 19; Broom, Max. 459.
MOEBLE. L. Fr. Movable. Biena moebles, movable goods. Britt. c 11.
MOERDA. The secret killing of another; murder. 4 Bl. Comm. 194.
MOFUSSIL. In Hindu law. Separated; particularized; the subordinate divisions of a district in contradistinction to Sadder or Sudder, which implies the chief seat of gov­ernment. Wharton.
MOHAMMEDAN LAW. A system of native law prevailing among the Moham­medans in India, and administered there by the British government.
MOHATRA. In French law. A transac­tion covering a fraudulent device to evade the laws against usury.
It takes place where an individual buys merchandise from another on a dredit at a high price, to sell it immediately to the first seller, or to a third person who acts as his agent, at a much less price for cash. 16 Toullier, no. 44.
MOIDORE. A gold coin of Portugal, valued at twenty-seven English shillings.
MOIETY. The half of anything. Joint tenants are said to hold by moieties. Ldtt. 125; 3 O. B. 274, 283.
—Moiety acts. A name sometimes applied to penal and criminal statutes which provide that half the penalty or fine shall inure to the bene­fit of the informer.
MOLENDINUM. In old records. A mill.
MOLENDUM. A grist; a certain quan­tity of corn sent to a mill to be ground.
MOLESTATION. In Scotch law. A pos­sessory action calculated for continuing pro­prietors of landed estates in the lawful pos­session of them till the point of right be determined against all who shall attempt to disturb their possession. It is chiefly used in questions of commonty or of controverted ,marches. Ersk. Inst. 4, 1, 48.
MOLITURA. The toll or multure paid for grinding corn at a mill. Jacob.
—Molitura libera. Free grinding; a liberty to have a mill without paying tolls to the lord. Jacob.
MOLLITER MANUS IMPOSUIT. Lat
He gently laid hands upon. Formal words in the old Latin pleas in actions of trespass and assault where a defendant justified lay­ing hands upon the plaintiff, as where it was done to keep the peace, etc. The phrase is literally translated in the modern precedents, and the original is retained as the name of the plea in such cases. 3 Bl. Comm. 21; 1 Chit PI. 501, 502; Id. 1071.
MOLMUTIAN LAWS. The laws of Dunvallo Molmutuis, a legendary or myth­ical king of the Britons, who is supposed to have begun his reign about 400 B. C. These laws were famous in the land till the Con­quest Tomlins; Mozley & Whitley.
MOMENTUM. In the civil law. An in­stant; an indivisible portion of time. Cal­vin.
A portion of time that might be measured; a division or subdivision of an hour; an­swering in some degree to the modern min­ute, but of longer duration. Calvin.
MONACHISM. The state of monks.
MONARCHY. A government in which the supreme power is vested in a single per­son. Where a monarch is invested with ab­solute power, the monarchy is termed "des­potic ;" where the supreme power is virtual­ly in the laws, though the majesty of gov­ernment and the administration are vested in a single person, it is a "limited" or "constitutional" monarchy. It is hereditary where the regal power descends immediately from the possessor to the next heir by blood, as in England; or elective, as was formerly the case in Poland. Wharton.
MONASTERIUM. A monastery; a church. Spelman.
MONASTICON. A book giving an ac­count of monasteries, convents, and religious houses.
MONETA. Lat Money, (g. v.)

MONETA EST JUSTUM MEDIUM 789
MONITION

Moneta est jus turn, medium et mensn-ra rerun commutabilium, nam per me­dium monetae fit omnium rerum con-reniens et justa eestimatio. Dav. Ir. K. B. 18. Money is the just medium and meas­ure of commutable things, for by the medium of money a convenient and just estimation of all things is made.
MONETAGIUM. Mintage, or the right of coining money. Cowell. Hence, ancient­ly, a tribute payable to a lord who had the prerogative of coining money, by his ten­ants, in consideration of his refraining from changing the coinage.
Monetandi jus comprehenditur in re-galibus quae nunquam a re^io sceptro abdicantur. The right of coming money is comprehended among those royal prerogatives which are never relinquished by the royal scepter. Dav. Ir. K. B. 18.
MONEY. A general, indefinite term for the measure and representative of value; currency; the circulating medium; cash.
"Money" is a generic term, and embraces every description of coin or bank-notes rec­ognized by common consent as a representa­tive of value in effecting exchanges of prop­erty or payment of debts. Hopson v. Foun­tain, 5 Humph. (Tenn.) 140.
Money is used in a specific and also in a gen­eral and more comprehensive sense. In its spe­cific sense, it means what is coined or stamped by public authority, and has its determinate value fixed by governments. In its more com­prehensive and general sense, it means wealth,— the representative of commodities of all kinds, of lands, and of everything that can be trans­ferred in commerce. Paul v. Ball, 31 Tex. 10.
In its strict technical sense, "money" means coined metal, usually gold or silver, upon which the government stamp has been impressed to in­dicate its value. In its more popular sense, "money" means any currency, tokens, bank­notes, or other circulating medium in general use as the representative of value. Kennedy v. Briere, 45 Tex. 305.
The term "moneys" is not of more extensive signification than "money," and means only cash, and not things in action. Mann v. Mann, 14 Johns. (N. Y.) 1, 7 Am. Dec. 416.
—Money-bill. In parliamentary language, an act by which revenue is directed to be raised, for any purpose or in any shape whatsoever, either for governmental purposes, and collected from the whole people generally, or fdr the bene­fit of a particular district, and collected in that district, or for making appropriations. Opinion of Justices, 126 Mass. 547; Northern Counties Inv. Trust v. Sears, 30 Or. 388, 41 Pac. 931, 35 L. R. A. 188.—Money claims. In Eng­lish practice. 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 directly payable on a contract express or implied, as opposed to the cases where money is claimed by way of damages 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 demand. A claim for a fixed and liquidated amount of money, or for a sum which can be ascertained by mere calculation; in this sense, distinguished from a claim which must be pass-
ed upon and liquidated by a jury, called "dam­ages." Roberts v. Nodwift, 8 Ind. 341; Mills v. Long, 58 Ala. 460.—Money bad and re­ceived. In pleading. The technical designa­tion of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and recetved certain money, etc.—Money land. A phrase descriptive of money which is held upen a trust to convert it into land.—Mon­ey lent. In pleading. The technical name of a declaration in an action of assumpsit for that the defendant promised to pay the plaintiff for money lent.—Money made. The return made by a sheriff to a writ of execution, signifying that he has collected the sum of money required by the writ/—Money of adieu. In French law. Earnest money; so called because given at parting in completion of the bargain. Arrhes is the usual French word for earnest money; "money of adieu" is a provincialism found in the province of Orleans. Poth. Gont. 507 — Money order. Under the postal regulations of the United States, a money order is a species of draft drawn by one post-office upon another for an amount of money deposited at the first office by the person purchasing the money order, and payable at the second office to a payee nam­ed in the order. See U. S. v. Long (C. C.) 30 Fed. 679.—Money-order office. One of the post-offices authorized to draw or pay money or­ders.—Money paid. In pleading. The tech­nical name of a declaration in assumpsit, in which the plaintiff declares for money paid for the use of the defendant.—Public money. This term, as used in the laws of the United States, includes all the funds of the general government derived from the public revenues, or intrusted to the fiscal officers. See Branch v. United States, 12 Gt. Gl. 281.—Moneyed capital. This term has a more limited meaning than the term "personal property," and applies to such capital as is readily solvable in money. Mer­cantile Nat. Bank v. New York, 121 U. S. 138, 7 Sup. Ct. 826, 30 L. Ed. 895.—Moneyed cor­poration. See Cobpobation.
As to money "Broker," "Count," "Judg­ment," and "Scrivener," see those titles.
MONGER. A dealer or seller. It is sel­dom or never used alone, or otherwise than after the name of any commodity, to express a seller of such commodity.
MOOTERS, or MONEYEERS. Minis­ters of the mint; also bankers. Cowell.
MONIMENT. A memorial, superscrip­tion, or record.
MONITION. In practice. A monition is a formal order of the court commanding something to be done by the person to whom it is directed, and who is called the "person monished." Thus, when money is decreed to be paid, a monition may be obtained com­manding its payment. In ecclesiastical pro­cedure, a monition is an order monishing or warning the party complained against to do or not to do a certain act "under pain of the law and contempt thereof." A monition may also be appended to a sentence inflicting a punishment for a past offense; in that case the monition forbids the repetition of the offense. Sweet.
In admiralty practice. The summons to appear and answer, issued on filing the libel;

MONITION 790 MONSTRANS DE FAITS
which is either a simple monition in per­sonam or an attachment and monition in rem. Ben. Adm. 228, 239. It is sometimes termed "monition viis et modis" and has been supposed to be derived from the old Roman practice of summoning a defendant. Manro v. Almeida, 10 Wheat. 490, 6 L. Ed. 369.
The monition, in American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to cite and admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conk. Adm. (2d Ed.) 147. —General monition. In civil law and ad­miralty practice. A monition or summons to all parties in interest to appear and show cause against the decree prayed for.
MONITORY LETTERS. Communica­tions of warning and admonition sent from an ecclesiastical judge, upon information of scandal and abuses within the cognizance of his court
MONOCRACY. A government by one person.
MONOCRAT. A monarch who governs alone; an absolute governor.
MONOGAMY. The marriage of one wife only, or the state of such as are restrained to a single wife. Webster.
A marriage contracted between one man and one woman, in exclusion of all the rest of mankind. The term is used in opposition to "bigamy" and "polygamy." Wolff, Dr. de la Nat § 857.
MONOGRAM. A character or cipher composed of one or more letters interwoven, being an abbreviation of a name.
MONOGRAPH. A special treatise upon a particular subject of limited range; a trea­tise or commentary upon a particular branch or division of a general subject
MONOMACHY. A duel; a single com­bat
It was anciently allowed by law for the trial or proof of crimes. It was even per­mitted in pecuniary causes, but it is now for­bidden both by the civil law and canon laws.
MONOMANIA. In medical jurispru­dence. Derangement of a single faculty of the mind, or with regard to a particular sub­ject, the other faculties being in regular ex­ercise. See Insanity.
Monopolia dicitur, cum anus solus ali-quod genus mercaturae universum emit, pretium ad inum libitum statuens. 11
Coke, 86. It is said to be a monopoly when one person alone buys up the whole of one kind of commodity, fixing a price at his own pleasure.
MONOPOIilTJM. The sole power, right, or privilege of sale; monopoly; a monopoly. Calvin.
MONOPOLY. In commercial law. A privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right (or power) to carry on a particular business or trade, manufacture a particular article, or control the sale of the whole supply of a particular commodity.
Defined in English law to be "a license or privilege allowed by the king for the sole buying and selling, making, working, or us­ing, of anything whatsoever; whereby the subject in general is restrained from that lib­erty of manufacturing or trading which he had before." 4 Bl. Comm. 159; 4 Steph. Comm. 291. And see State v. Duluth Board of Trade, 107 Minn. 506, 121 N. W. 395, 23 L. R. A. (N. Si) 1260.
A monopoly consists in the ownership or control of so large a part of the market-sup­ply or output of a given commodity as to stifle competition, restrict the freedom of commerce, and give the monopolist control over prices. See State v. Eastern Coal Co., 29 R. I. 254, 70 Atl. 1, 132 Am. St. Rep. 817; Over v. Byram Foundry Co., 37 Ind. App. 452,'-77 N. E. 302, 117 Am. St. Rep. 327; State v. Haworth, 122 Ind. 462, 23 N. E. 946, 7 L. R. A. 240; Davenport v. Kleinschmidt 6 Mont. 502, 13 Pac. 249; Ex parte Levy, 43 Ark. 42, 51 Am. Rep. 550; Case of Monopo­lies, 11 Coke, 84; Laredo v. International Bridge, etc., Co., 66 Fed. 246, 14 C. a A. 1; International Tooth Crown Co. v. Hanks Dental Ass'n (C. C.) Ill Fed. 916; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483; Herriman v. Menzies, 115 Cal. 16, 46 Pac. 730, 35 L. R. A. 318, 56 Am. St Rep. 81.
MONSTER. A prodigious birth; a hu­man birth or offspring not having the shape of mankind, which cannot be heir to any land, albeit it be brought forth in marriage Bract fol. 5; Co. Litt 7, 8; 2 Bl. Comm. 246.
MONSTRANS DE DROIT. L. Fr. In
English law. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the court whether upon these facts the king or the subject has the right 3 Bl. Comm. 256; 4 Coke, 546.
MONSTRANS DE FAITS. L. Fr. In
old English practice. A showing of deeds; a species of profert CoweU.

MONSTRAVERUNT, WRIT OF 791
MORA

MONSTRAVERUNT, WRIT OF. In
English law. A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, accord­ing to the custom of the manor. Fitzh. Nat. Brev. 14.
MONSTRUM. A box in which relics are kept; also a muster of soldiers. Cowell.
MONTES. In Spanish law. Forests or woods. White, New Recop. b. 2, tit 1, c. 6, i I-
MONTES PIETATIS. Public pawnbrok-ing establishments; institutions established by government, in some European countries, for lending small sums of money on pledges of personal property. In France they are called "monts de pi4t6."
MONTH. One of the divisions of a year. The space of time denoted by this term varies according as one or another of the following varieties of months is intended:
Astronomical, containing one-twelfth of the time occupied by the sun in passing through the entire zodiac.
Calender, civil, or solar, which is one of the months in the Gregorian calendar,—Jan­uary, February, March, etc.,—which are of unequal length.
Lunar, being the period of one revolution of the moon, or twenty-eight days.
MONUMENT. 1. Anything by which the memory of a person or an event is preserved or perpetuated. A tomb where a dead body has been deposited. Mead v. Case, 33 Barb. (N. Y.) 202; In re Ogden, 25 R. I. 373, 55 Atl. 933.
2. In real-property law and surveying, monuments are visible marks or indications left on natural or other objects indicating the lines and boundaries of a survey. In this sense the term includes not only posts, pil­lars, stone markers, cairns, and the like, but also fixed natural objects, blazed trees, and even a watercourse. See Grier v. Pennsyl­vania Coal Co., 128 Pa. 79, 18 Atl. 480; Cox v. Freedley, 33 Pa. 124, 75 Am. Dec. 584.
Monnmenta quae nos recorda Tocamm ?nut veritatis et vetustatis vestigia. Co.
Litt 118. Monuments, which we call "rec­ords," are the vestiges of truth and antiq­uity.
MONYA. In Norman law. Moneyage. A tax or tribute of one shilling on every hearth, payable to the duke every three years, in consideration that he should not alter the coin. Hale, Com. Law, 148, and note.
MOOKTAR. In Hindu law. An agent or attorney.
MOOKTARNAMA. In Hindu law. A written authority constituting an agent; a power of attorney.
MOOR. An officer in the Isle of Man, who summons the courts for the several sheadings. The office is similar to the Eng­lish bailiff of a hundred.
MOORAGE. A sum due by law or usage for mooring or fastening of ships to trees or posts at the shore, or to a wharf. Wharf Case, 3 Bland (Md.) 373.
MOORING. In maritime law. Anchor­ing' or making fast to the shore or dock; the securing or confining a vessel in a particular station, as by cables and anchors or by a line or chain run to the wharf. A vessel is "moored in safety," within the meaning of a policy of marine insurance, when she is thus moored to a wharf or dock, free from any immediate danger from any of the perils insured against. See 1 Phil. Ins. 968; Walsh v. New York Floating Dry Dock Co., 8 Daly (N. Y.) 387; Flandreau v. FJsworth, 9 Misc. Rep. 340, 29 N. Y. Supp. 694; Bramhall v. Sun Mut Ins. Co., 104 Mass. 516, 6 Am. Rep. 261.
MOOT, n. In English law. Moots are exercises in pleading, and in arguing doubt­ful cases and questions, by the students of an inn of court before the benchers of the inn. Sweet.
In Saxon law. A meeting or assemblage of people, particularly for governmental or judicial purposes. The more usual forms of the word were "mote" and "gemot" See those titles.
—Moot hill. Hill of meeting, (gemot,) on which the Britons used to hold their courts, the judge sitting on the eminence; the parties, etc, on an elevated platform below. Enc. Lond.
MOOT, adj. A subject for argument; un­settled ; undecided. A moot point is one not settled by judicial decisions. A moot case is one which seeks to determine an abstract question which does not arise upon existing facts or rights. Adams v. Union R. Co., 21 R. I. 134, 42 Atl. 515, 44 L. R. A. 273.
—Moot court. A court held for the arguing of moot cases or questions.—Moot hall. The place where moot cases were argued. Also a council-chamber, hall of judgment, or town-hall. —Moot man. One of those who used to argue the reader's cases in the inns of court.
MOOTA CANUM. In old English law. A pack of dogs. Cowell.
MOOTING. The exercise of arguing questions of law or equity, raised for the purpose. See Moot.
MORA. Lat In the civil law. Delay; default; neglect; culpable delay or default Calvin.

MORA
792
MORS DICITUR

MORA. Sax. A moor; barren or un­profitable ground; marsh; a heath; a wa­tery bog or moor. Co. Litt 5; Fleta, h 2, c 71.
—Mora mnssa. A watery or boggy moor; a morass.
Mora reprobatur in lege. Delay is rep­robated in law. Jenk. Cent p. 51, case 97.
MORAL. 1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct.
2.Cognizable or enforceable only by the conscience or by the principles of right con­duct, as distinguished from positive law.
3.Depending upon or resulting from prob­ability; raising a belief or conviction in the mind independent of strict or logical proof.
4.Involving or affecting the moral sense; as in the phrase "moral insanity."
—Moral actions. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst. lib. 1, c. i. —Moral certainty. In the law of criminal evidence. That degree of assurance which in­duces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. State v. Orr, 64 Mo. 339; Bradley v. State, 31 Ind. 492; Ross v. Montana Union Ry. Co. (C. C.) 45 Fed. 425; Pharr v. State, 10 Tex. App. 485; Territory v. McAndrews, 3 Mont. 158. A high degree of impression of the truth of a fact, fall­ing short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Ev. 198-200. The phrase "moral certainty" has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf-fendorf that, "when we declare such a thing to be moraljy certain, because it has been confirm­ed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essentially distinguished from demonstrative by this: that it admits of de­grees, and of all variety of them, from the high­est moral certainty to the very lowest presump­tion." Com. v. Costley, 118 Mass. 23.—Moral evidence. See Evidence.—Moral fraud. This phrase is one of the less usual designa­tions of "actual" or "positive" fraud or "fraud in fact," as distinguished from "constructive" fraud or "fraud in law." It means fraud which involves actual guilt, a wrongful purpose, or moral obliquity.—Moral hazard. See Haz­ard.—Moral insanity. See Insanity.— Moral law. The law of conscience; the ag­gregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men should conform in their dealings with each other. See Moore v. Strickling, 46 W. Va. 515, 33 S. E. 274, 50 L. R, A. 279.—Moral obliga­tion. See Obligation.
MORAND.ZE SOLUTIONIS CAUSA.
Lat For the purpose of delaying or post­poning payment or performance.
MORATUR IN LEGE. Lat. He delays in law; The phrase describes the action of
one who demurs, because the party does not proceed in pleading, but rests or abides upon the judgment of the court on a certain point, as to the legal sufficiency of his opponent's pleading. The court deliberate and deter­mine thereupon.
MORAVIANS. Otherwise called "Herrn-hutters" or "United Brethren." A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the opening of that reforma­tion which stripped the chair of St Peter of so many votaries, and gave birth to so many denominations of Christians. They give evi­dence on their solemn affirmation. 2 Steph. Comm. 338».
MORBUS SONTICUS. Lat. In the civ­il law. A sickness which rendered a man Incapable of attending to business.
MORE COLONICO. Lat. In old plead­ing. In husband-like manner. Townsh. PL 198.
MORE OR LESS. This phrase, inserted in a conveyance of land immediately after the statement of the quantity of land con­veyed, means that such statement is not to be taken as a warranty of the quantity, but only an approximate estimate, and that the tract or parcel described is to pass, without regard to an excess or deficiency in the quan­tity it actually contains. See Brawley v. U. S., 96 U. S. 168, 24 L. Ed. 622; Crislip v. Cain, 19 W. Va. 438; Tyler v. Anderson, 10ft Ind. 185, 6 N. E. 600; Jenkins v. Bolgiano, 53 Md. 420; Solinger v. Jewett, 25 Ind. 479, 87 Am. Dec 372; Young y. Craig, 2 Bibh (Ky.) 270.
MORGANATIC MARRIAGE. See Mab-
BIAGE.
MORGANGINA, or MORGANGIVA.
A gift on the morning after the wedding; dowry; the husband's gift to his wife on thfr day after the wedding. Du Cange; CowelL
MORGEN. Anglo-Dutch. In old New York law. A measure of land, equal to about two acres.
MORGUE. A place where the bodies of persons found dead are kept f)r a limited time and exposed to view, to the end that their friends may identify them.
MORMONISM. A social and religious system prevailing in the territory of Utah, a distinctive feature of which is the practice of polygamy. These plural marriages are not recognized by law, but are indictable offenses under the statutes of the United States and of Utah.
MORS. Lat Death.
Mors dicitnr nltimum snpplicinm.
Death is called the "last punishment," th«» "extremity of punishment" 8 Inst 212.

MORS OMNIA SOLVIT 793
MORTGAGE

Mors omnia solvit. Death dissolves all things. Jenk. Cent p. 160, case 2. Applied to the case of the death of a party to an ac­tion.
MORSEiLUM, or MORSELLUS, TER­RS. In old English law. A small parcel or bit of land.
MORT CIVILE. In French law. Civil death, as upon conviction for felony. It was nominally abolished by a law of the 31st of May, 1854, but something very similar to it, in effect at least, still remains. Thus, the property of the condemned, possessed by him at the date of his conviction, goes and be­longs to his successors, (he'ritiers,) as in case of an intestacy; and his future acquired property goes to the state by right of its pre­rogative, (par droit de de'she'rence,) but the state may, as a matter of grace, make it over In whole or in part to the widow and chil­dren. Brown.
MORT D'ANCESTOR. An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which lay for a person whose ancestor died seised of lands in fee-simple, and after his death a stranger abated; and this writ di­rected the sheriff to summon a jury or as­size, who should view the land in question and recognize whether such ancestor were seised thereof on the day of his death, and whether the demandant were the next heir.
MORTALITY. This word, in its ordi­nary sense, never means violent death, but death arising from natural causes. Law­rence v. Aberdein, 5 Barn. & Aid. 110.
MORTGAGE. An estate created by a conveyance absolute in its form, but intended to secure the performance of some act, such as the payment of money, and the like, by the grantor or some other person, and to become void if the act is performed agreeably to the terms prescribed at the time of making such conveyance. 1 Washb. Real Prop. *475.
A conditional conveyance of land, designed as a security for the payment of money, the fulfillment of some contract, or the perform­ance of some act, and to be void upon such payment, fulfillment, or performance. Mit­chell v. Burnham, 44 Me. 299.
A debt by specialty, secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor and those claiming under him remain the actual owners, until debarred by judicial sentence or their own laches. Coote, Mortg. 1.
The foregoing definitions are applicable to the common-law conception of a mortgage. But in many states in modern times, it is regarded as a mere lien, and not as creating a title or estate. It is a pledge or security of particular property for the payment of a debt or the performance of some other obli-
gation, whatever form the transaction may take, but is not now regarded as a convey­ance in effect, though it may be cast in the form of a conveyance. See Muth v. Goddard, 28 Mont 237, 72 Pac. 621, 98 Am. St Rep. 553; Johnson v. Robinson, 68 Tex. 399, 4 S. W. 625; In re McConnell's Estate, 74 Cal. 217, 15 Pac. 746; Killebrew v. Hines, 104 N. C. 182, 10 S. E. 159, 17 Am. St. Rep. 672. To the same purport are also the following stat­utory definitions:
Mortgage is a right granted to the creditor over the property of the debtor for the secu­rity of his debt, and gives him the power of having the property seized and sold in de­fault of payment Civ. Code La. art 3278.
Mortgage is a contract by which specific property is hypothecated for the performance .of an act, without the necessity of a change of possession. Civ. Code Cal. § 2920.
—Chattel mortgage. A mortgage of goods, chattels, or personal property. See Chattel Mortgage.—Conventional mortgage. The conventional mortgage is a contract by which a person binds the whole of his property, or a portion of it only, in favor of another, to secure the execution of some engagement, but without divesting himself of possession. Civ. Code La. art. 3290; Succession of Benjamin, 39 La. Ann. 612, 2 South. 187. It is distinguished from the "legal" mortgage, which is a privilege which the law alone in certain cases gives to a creditor over the property of his debtor, without stipu­lation of the parties. This last is very much like a general lien at common law, created by the law rather than by the act of the parties, such as a judgment lien.—Equitable mort­gage. A specific lien upon real property to se­cure the payment of money or the performance of some other obligation, which a court of eq­uity will recognize and enforce, in accordance with the clearly ascertained intent of the par­ties to that effect but which lacks the essential features of a legal mortgage, either because it grows out of the transactions of the parties without any deed or express contract to give a lien, or because the instrument used for that purpose is wanting in some of the character­istics of a common-law mortgage, or, being ab­solute in form, is accompanied by a collateral reservation of a right to redeem, or because an explicit agreement to give a mortgage has not been carried into effect. See 4 Kent, Comm. 150; 2 Story, Eq. Jur. § 1018; Ketchum v. St Louis, 101 U. S. 306, 25 L. Ed. 999; Payne v. Wilson, 74 N. Y. 348; Gessner v. Palmateer, 89 Cal. 89, 26 Pac. 789, 13 L. R. A. 187; Cum-mings v. Jackson, 55 N. J. Eq. 805, 38 Atl. 763; Hall v. Railroad Co., 58 Ala. 23; Bradley v. Merrill, 88 Me. 319, 34 Atl. 160; Carter v. Holman, 60 Mo. 504. In English law, the fol­lowing mortgages are equitable: (1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. (2) Where it is an equity of redemption, which is merely a right to bring an action in the chan­cery division to redeem the estate. (3) Where there is a written agreement only to make a mortgage, which creates an equitable lien on the land. ^4) Where a debtor deposits the title-deeds of his estate with his creditor or some person on his behalf, without even a verbal com­munication. The deposit itself is deemed evi­dence of an executed agreement or contract for a mortgage for such estate. Wharton.—First mortgage. The first (in time or right) of a series of two or more mortgages covering the same property and successively attaching as hens upon it; also, in a more particular sense,

MORTGAGE
794
MORTUUM VADIUM

a mortgage which is a first lien on the property, not only as against other mortgages, but as against any other charges or incumbrances. Green's Appeal, 97 Pa. 347.—First mortgage bonds. Bonds the payment of which is secur­ed by a first mortgage on property. Bank of Atchison County v. Byers, 139 Mo. 627, 41 S. W. 325; Minnesota & P. R. Co. v. Sibley, 2 Minn. 18 (Gil. 1); Com. v. Wilhamstown, 156 Mass. 70, 30 N. E. 472.—Second mortgage. One which takes rank immediately after & first mortgage on the same property, without any intervening liens, and is next entitled to satis­faction out of the proceeds of the property. Green's Appeal, 97 Pa. 347. Properly speak­ing, however, the term designates the second of a series of mortgages, not necessarily the second lien. For instance, the lien of a judg­ment might intervene between the first and sec­ond mortgages; in which case, the second mort­gage would be the third lien.—General mort­gage. Mortgages are sometimes classified as general and special, a mortgage of the former class being one which binds all property, pres­ent and future, of the debtor (sometimes called a "blanket" mortgage); while a special mort­gage is limited to certain particular and speci­fied property. Barnard v. Erwin, 2 Rob. (La.) 415.—Judicial mortgage. In the law of Lou­isiana. The lien resulting from judgments, whether rendered on contested cases or by de­fault, whether final or provisional, in favor of the person obtaining them. Civ. Code La. art. 3321.—Legal mortgage. A term used in Lou­isiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the par­ties should stipulate it. This is called "legal mortgage." Civ. Code La. art. 3311.—Mort­gage of goods. A conveyance of goods in gage or mortgage by which tB*e whole legal title passes conditionally to the mortgagee; and, if the goods are not redeemed at the time stipu­lated, the title becomes absolute in law, al­though equity will interfere to compel a redemp­tion. It is distinguished from a "pledge" by the circumstance that possession by the mort­gagee is not or may not be essential to create or to support the title. Story, Bailm. § 287. See Chattel Mortgage.—Purchase-money mortgage. A mortgage given, concurrently with a conveyance of land, by the vendee to the vendor, on the same land, to secure the unpaid balance of the purchase price. See Baker v. Clepper, 26 Tex. 629, 84 Am. Dec. 591.—Tacit mortgage. In Louisiana. The same as a "legal" mortgage. See supra.—Welsh mort­gage. In English law. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as security for the repayment, but differs from it in the circumstances that the rents and profits are to be received without account till the prin­cipal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption. It is now rare­ly used. 1 Pow. Mortg. 373a. See O'Neill v. Gray, 39 Hun (N. Y.) 566; Bentley v. Phelps, 3 Fed. Cas. 250.
MORTGAGEE. He that takes or re­ceives a mortgage.
—Mortgagee in possession. A mortgagee of real property who is in possession of it with, the agreement or assent of the mortgagor, ex­press or implied, and in recognition of his mort­gage and because of it, and under such circum­stances as to make the satisfaction of his hen an equitable prerequisite to his being dispossess­ed. See Rogers v. Benton, 39 Minn. 39, 38 N. W. 765, 12 Am. St. Rep. 613; Kelso v. Norton, 65 Kan. 778, 70 Pac. 896, 93 Am. St. Rep. 308; Stonffer v. Harlan, 68 Kan. 135, 74 Pac. 610, 64 L. R. A. 320, 104 Am. St Rep. 396; Freeman t. Campbell, 109 Cal. 360, 42 Pac. 35.
MORTGAGOR. He that gives a mort' gage.
MORTH. Sax. Murder, answering ex­actly to the French "assassinat" or "muertre de guet-apens."
MORTHXAGA. A murderer. CowelL
MOKTHLAGE. Murder. Cowell.
MORTIFICATION. In Scotch law. A term nearly synonymous with "mortmain." Bell. Lands are said to be mortified for a charitable purpose.
MORTIS CAUSA. Lat. By reason of death ; in contemplation of death. Thus used in the phrase "Donatio mortis causa," (g. v.)
Mortis momentum est nltimnm vitse momentum. The last moment of life is the moment of death. Terrill v. Public Adm'r, 4 Bradf. Sur. (N. Y.) 245, 250.
MORTMAIN. A term applied to denote the alienation of lands or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in conse­quence of which lands became perpetually inherent in one dead hand, this has occa­sioned the general appellation of "mortmain" to be applied to such alienations. 2 BL Comm. 268; Co. Litt 2&; Perin v. Carey, 24 How. 495, 16 L, Ed. 701.
—Mortmain acts. These acts had for their object to prevent lands getting into the pos­session or control of religious corporations, or, as the name indicates, in mortua manu. After numerous prior acts dating from the reign of Edward I., it was enacted by the statute 9 Geo. II. c. 36, (called the "Mortmain Act" par ex­cellence,) that no lands should be given to chari­ties unless certain requisites should be observ­ed. Brown. Yates v. Yates, 9 Barb. (N. Y.) 324.
MORTUARY. In ecclesiastical law. A burial-place. A kind of ecclesiastical heriot, being a customary gift of the second best living animal belonging to the deceased, claimed by and due to the minister in many parishes, on the death of his parishioners, whether buried in the church-yard or not. 2 Bl. Comm. 425. Ayrton v. Abbott, 14 Q. B. 19.
It has been sometimes used in a civil as well as in an ecclesiastical sense, and ap­plied to a payment to the lord of the fee. Paroch. Antiq. 470.
MORTUARY TABLES. Tables for es­timating the probable duration of the life of a party at a given age. Gallagher v. Mar­ket St. Ry. Co., 67 Cal. 16, 6 Pac. 871, 51 Am. Rep. 680.
MORTUUM VADIUM. A dead pledge; a mortgage, (q. v.;) a pledge where the profits

MORTUUS
795
MOVABLE

or rents of the thing pledged are not applied to the payment of the debt
MORTUUS. Lat Dead. So In sheriffs return, mortuus est, he is dead.
—Mortuus sine prole. Dead without issue. In genealogical tables often abbreviated to "m. : p."
Mortuus ezitus non est earftus. A
dead issue is no issue. Co. Litt 29. A child born dead is not considered as issue.
Mos retinendus est fidelissimse vetus-tatis. 4 Coke, 78. A custom of the truest antiquity is to be retained.
MOSTRENCOS. In Spanish law. Stray­ed goods; estrays. White, New Jtecop. b. 2, tit. 2, c. 6.
MOTE. -Sax. A meeting; an assembly. Used in composition, as burgmote, folJcmote, etc.
—Mote-bell. The bell which was used by the Saxons to summon people to the court. Cowell.
MOTEER. A customary service or pay­ment at the mote or court of the lord, from which some were exempted by charter or privilege. Cowell.
MOTHER. A woman who has borne a child; a female parent; correlative to "son" or "daughter." The term may also include a woman who is pregnant See Howard v. People, 185 111. 552, 57 N. B. 441; Latshaw v. State, 156 Ind. 194, 59 N. E. 471.
—Mother-in-law. The mother of one's wife or of one's husband.
MOTION. In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and whol­ly unconnected with plenary proceedings. Citizens' St R. Co. v. Reed, 28 Ind. App. 629, 63 N. E 770; Low v. Cheney, 3 How. Prac. (N. Y.) 287; People v. Ah Sam, 41 Cal. 645; In re Jetter, 78 N. Y. 601.
A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding, or by any one interested therein. Rev. Code Iowa 1880, § 2911; Code N. Y. § 401.
In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.
—Motion for decree. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answer­ed is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722.—Motion for judgment. In English practice. A proceed­ing whereby a party to an action moves for the
judgment of the court in his favor. See Sup. Ct. Rules 1883, ord. 40.—Motion in error. A motion in error stands on the same footing as a writ of error; the only difference is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he ia bound to take notice of it at his peril. Tread-way v. Coe, 21 Conn. 283.—Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action.—Special motion. A motion ad­dressed to the discretion of the court, and which must be heard and determined; as distinguish­ed from one which may be granted of course. Merchants' Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444.
MOTIVE. The inducement cause, or reason why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it Chatfield v. Wilson, 5 Am. Law Reg. (O. S.)*528.
"Motive" and "intent" are not identical, and an intent may exist where a motive is wanting. Motive is the moving power which impels to ac­tion for a definite result; intent is the pur­pose to use a particular means to effect such result. In the popular mind intent and motive are often regarded as the same thing; but in law there is a clear distinction between them. When a crime is clearly proved to have been committed by a person charged therewith, the question of motive may be of little or no im­portance, but criminal intent is always essen­tial to the commission of a crime. People v. Molineux, 168 N. X. 264, 61 N. E. 286, 62 Lu R. A. 193; Warren v. Tenth Nat. Bank, 29 Fed. Cas. 287. But motive is often an important subject of inquiry in criminal prosecutions, par­ticularly where the case depends mainly or en­tirely on circumstantial evidence, the combina­tion of motive and opportunity (for the commis­sion of the particular crime by the person ac­cused) being generally considered essential links in a chain of such evidence, while the absence of all motive on the part of the prisoner is an admissible and important item of evidence in his favor.
MOTU PROPRIO. Lat. Of his own motion. The commencing words of a certain kind of papal rescript.
MOURNING. The dress or apparel worn by mourners at a funeral and for a time aft­erwards. Also the expenses paid for such apparel.
MOUTH. By statute in some states, th« mouth of a river or creek, which empties in­to another river or creek, is defined as the point where the middle of the channel of each intersects the other. Pol. Code Cal. 1903, § 3908; Rev. St. Ariz. 1901, par. 931.
MOVABLE. That which can be changed in place, as movable property; or in time, as movable feasts or terms of court. See Wood v. George, 6 Dana (Ky.) 343; Strong v. White, 19 Conn. 245; Goddard v. Winchell, 86 Iowa, 71, 52 N. W. 1124, 17 L. R. A. 788, 41 Am. St Rep. 481.
—Movable estate. A term equivalent to "personal estate" or "personal property." Den

MOVABLE
796 MULTA NON VETAT LEX

v. Sayre, 3 N. J. Law, 187.—Movable free­hold. A term applied by Lord Coke to real properly which is capable of being increased or diminished by natural causes; as where the owner of seashore acquires or loses land as the waters recede or approach. See Holman t. Hodges, 112 Iowa, 714, 84 N. W. 950, 58 L. K. A. 673, 84 Am. St Rep. 367.
MOVABLES. Things movable; movable or personal chattels, which may be annexed to or attendant on the person of the owner, and carried about with him from one part of the world to another. 2 Bl. Comm. 387. Movables consist—First, of inanimate things, as goods, plate, money, jewels, implements of war, garments, and the like, or vegetable productions, as the fruit or other parts of a plant when severed from the body of it, or the whole plant itself when severed from the ground; secondly, of animals, which have in themselves a principle and power of motion. 2 Steph. Comm. 67.
In the civil law. Movables (mobilia,) properly denoted inanimate things; animals being distinguished as moventia, things mov­ing. Calvin.
In Scotch law. "Movables" are opposed to "heritage." So that every species of prop­erty, and every right a man can hold, is by that law either heritable or movable. BelL
MOVE. 1. To make an application to a court for a rule or order.
2.To propose a resolution, or recommend action in a deliberative body.
3.To pass over; to be transferred; as when the consideration of a contract is said to "move" from one party to the other.
4.To occasion; to contribute to; to tend or lead to. The forewheel of a wagon was said "to move to the death of a man." Sayer, 249.
MOVENT. One who moves; one who makes a motion before a court; the applicant for a rule or order.
MOVING FOB AN ARGUMENT.
Making a motion on a day which is not mo­tion day, in virtue of having argued a special case; used in the exchequer after it became obsolete in the queen's bench. Wharton.
MUCIANA CAUTIO. See Oautio.
MUEBIiES. In Spanish law. Movables; all sorts of personal property. White, New Recop. b. 1, tit. 3, c 1, § 2.
MUIRBURN. In Scotch law. The of­fense of setting fire to a muir or moor. 1 Brown, Ch. 78, 116.
MULATTO. A mulatto is defined to be "a person that is the offspring of a negress by a white man, or of a white woman by a negro." Thurman v. State, 18 Ala. 276.
MULCT. A penalty or punishment Im­posed on a person guilty of some offense, tort, or misdemeanor, usually a pecuniary fine or condemnation in damages. See Cook v. Mar­shall County, 139 Iowa, 384, 93 N. W. 372, 104 Am. St. Rep. 283.
Mnlcta damnum famse non irrogat.
Cod. 1, 54. A fine does not involve loss of character.
MULIER. Lat (1) A woman; (2) a virgin; (3) a wife; (4) a legitimate child.
I Inst 243.
MULIER PUISNE. L. Fr. When ft man has a bastard son, and afterwards mar­ries the mother, and by her has also a legiti­mate son, the elder son is bastard eign6, and the younger son is mulier puisne".
MULIERATUS. A legitimate son. Glanvil.
MULIERTY. In old English law. The state or condition of a mulier, or lawful is­sue. Co. Litt 3526. The opposite of bas­tardy. Blount
Mnlta concednntnr per obliquum quae non concednntur de directo. Many things are allowed indirectly which are not allowed directly. 6 Coke, 47.
MULTA, or MULTURA EPISCOPI.
A fine or final satisfaction, anciently given to the king by the bishops, that they might have power to make their wills, and that they might have the probate of other men's wills, and the granting of administration. 2 Inst 291.
Mnlta fidem promissa levant. Many promises lessen confidence. Brown v. Castles,
II Cush. (Mass.) 350.
Mnlta ignoramus qnse nobis non late-rent si veternm lectio nobis fnit famili-aris. 10 Coke, 73. We are ignorant of many things which would not be hidden from us if the reading of old authors was fa­miliar to us.
Mnlta in jure commnni contra ratio-nem dispntandi, pro commnni ntilitate introdncta sunt. Many things have been introduced into the common law, with a view to the public good, which are inconsistent with sound reason. Co. Litt. 70&; Broom, Max. 158.
Mnlta mnlto exercitatione facilins qnam regulis percipies. 4 Inst 50. You will perceive many things much more easily by practice than by rules.
Mnlta non vetat lex, qnse tamen tacit* damnavit. The law forbids not many things which yet it has silently condemned.

MULTA TRANSEUNT CUM 797
MUNERA

Malta transeunt cum universitate quae non per se transeunt. Many things pass with the whol£ which do not pass separately. Co. Litt 12a.
Mnlti multa, nemo omnia novit. 4
Inst. 348. Many men have known many things; no one has known everything.
MULTIFARIOUSNESS. In equity
pleading. The fault of improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for ex­ample, the uniting in one bill of several mat­ters perfectly distinct and unconnected against one defendant, or the demand of sev­eral matters of a distinct and independent nature against several defendants, in the same bill. Story, Eq. PI. § 271. And see Harrison v. Perea, 168 U. S. 311, 18 Sup. Ct 129, 42 L. Ed. 478; Wales v. Newbould, 9 Mich. 56; Bovaird v. Seyfang, 200 Pa. 261, 49 Atl. 958; Bolles v. Bolles, 44 N. J. Eq. 385, 14 Atl. 593; Perkins v. Baer, 95 Mo. App. 70, 68 S. W. 939; Thomas v. Mason, 8 Gill (Md.) 1; Barcus v. Gates, 89 Fed. 783, 32 C. C. A. 337; McGlothlin v. Hemery, 44 Mo. 350.
MULTIPARTITE. Divided into many or several parts.
MULTIPLE POINDING. In Scotch law. Double distress; a name given to an action, corresponding to proceedings by way of in­terpleader, which may be brought by a per­son in possession of goods claimed by dif­ferent persons pretending a right thereto, calling the claimants and all others to settle their claims, so that the party who sues may be liable only "in once and single payment" Bell.
Multiplex et indistinctnm parit con-fusionem; et qusestiones, quo simpli-ciores, eo lncidiores. Hob. 335. Multi­plicity and indistinctness produce confusion; and questions, the more simple they are, the more lucid.
Mnltiplicata transgressione crescat poenss inflictio. As transgression Is multi­plied, the Infliction of punishment should in­crease. 2 Inst. 479.
MULTIPLICITY. A state of being many. That quality of a pleading which involves a variety of matters or particulars; undue variety. 2 Saund. 410. A multiply­ing or increasing. Story. Eq. PI. § 287.
—Multiplicity of actions. A phrase de­scriptive of the state of affairs where several different suits or actions are brought upon the same issue. It is obviated in equity by a bill of peace; in courts of law, by a rule of court for the consolidation of different actions. Williams ?. Millington, 1 H. Bl. 81; Murphy v. Wilming­ton, 6 Houst (Del.) 138, 22 Am. St Rep. 345.
MULTITUDE. An assemblage of many people. According to Coke it is not a word of very precise meaning; for some authori­ties hold that there must be at least ten persons to make a multitude, while others maintain that no definite number is fixed by law. Co. Litt 257.
Multitudinem decern faciunt. Co. Litt 257. Ten make a multitude.
Multitndo errantinm non parit errori patrocinum. The multitude of those who err furnishes no countenance or excuse for error. 11 Coke, 75a. It is no excuse for er­ror that it Is entertained by numbers.
Mnltitndo ixnperitorum perdit curiam.
The great number of unskillful practitioners ruins a court 2 Inst 219.
MULTO. In old records. A wether sheep.
Multo ntilins est panes idonea effun-dere quam mnltis inutilibus homines gravari. 4 Coke, 20. It is more useful to pour forth a few useful things than to op­press men with many useless things. •
MULTURE. In Scotch law. The quan­tity of grain or meal payable to the proprie­tor of a mill, or to the multurer, his tacks­man, for manufacturing the corns. Ersk. Inst. 2, 9, 19.
MUMMIFICATION. In medical juris­prudence. A term applied to the complete drying up of the body. It is the result of burial in a dry, hot soil, or the exposure of the body to a continuously cold and dry at­mosphere. 15 Amer. & Eng. Enc Law, 261.
MUMMING. Antic diversions in the Christmas holidays, suppressed In Queen Anne's time.
MUND. In old English law. Peace; whence mundbryc, a breach of the peace.
MUNDBYRD, MUNDEBURDE. A re­ceiving into favor and protection. Cowell.
MUNDIUM. In old French law. A trib­ute paid by a church or monastery to their seignorial avouts and vidames, as the price of protecting them. Steph. Lect 236.
MUNERA. In the early ages of the feud­al law, this was the name given to the grants of land made by a king or chieftain to his followers, which were held by no certain tenure, but merely at the will of the lord. Afterwards they became life-es­tates, and then hereditary, and were called first "benefices," and then "feuds." See Wright Ten. 19.

MUNICEPS 798 MUNITIONS OF WAR
MUNICEPS. Lat In Koman law. A provincial person; a countryman. This was the designation of one born in the provinces or in a city politically connected with Rome, and who, having become a Roman citizen, was entitled to hold any offices at Rome ex­cept some of the highest. In the provinces the term seems to have been applied to the freemen of any city who were eligible to the municipal offices. Calvin.
MUNICIPAL. "Municipal" signifies that which belongs to a corporation or a city. The term includes the rules or laws by which a particular district, community, or nation is governed. It may also mean local, par­ticular, independent. Horton y. Mobile School Com'rs, 43 Ala. 598.
"Municipal," in one of its meanings, is used in opposition to "international," and denotes that which pertains or belongs properly to an in­dividual state or separate community, as distin­guished from that which is common to, or ob­served between, all nations. Thus, piracy is an "international offense," and is denounced by "international law," but smuggling is a "munic­ipal offense," and cognizable by "municipal law."
—Municipal aid. A contribution or assist­ance granted by a municipal corporation to­wards the execution or progress of some enter­prise; undertaken by private parties, but likely to be of benefit to the municipality; e. g., a railroad.—Municipal bonds. Negotiable bonds issued by a municipal corporation, to secure its indebtedness. Austin v. Nalle, 85 Tex. 520, 22 S. W. 668; Howard v. Kiowa County (C. C.) 73 Fed. 406.—Municipal claims. In Penn­sylvania law. Claims filed by a city against property owners therein, for taxes, rates, levies, or assessments for local improvements, such as the cost of grading, paving, or curbing the streets, or removing nuisances.—Municipal corporation. See that title infra.—Munic­ipal courts. In the judicial organization of several states, courts are established under this name, whose territorial authority is confined to tie city or community in which they are erect­ed. Such courts usually have a criminal juris­diction corresponding to that of a police court, and, in some cases, possess civil jurisdiction in small causes.—Municipal law, in contradis­tinction to international law, is the law of an individual state or nation. It is the rule or law by which a particular district, community, or nation is governed. 1 Bl. Coma 44. That which pertains solely to the citizens and in­habitants of a state, and is thus distinguished from political law, commercial law, and the law of nations. Wharton. And see Winspear v. Holman District Tp., 37 Iowa, 544; Root v. Erdelmyer, Wils. (Ind.) 99; Cook v. Portland, 20 Or. 580, 27 Pac. 263, 13 L. R, A. 533.— Municipal lien. A lien or claim existing in favor of a municipal corporation against a prop­erty owner for his proportionate share of a pub­lic improvement, made by the municipality, whereby his property is specially and individual­ly benefited.—Municipal officer. An officer belonging to a municipality; that is, a city, town, or borough —Municipal ordinance. A law, rule, or ordinance enacted or adopted by a municipal corporation. Rutherford v. Swink, 96 Tenn. 564, 35 S. W. 554.—Municipal se­curities. The evidences of indebtedness is­sued by cities, towns, counties, townships, school-districts, and other such territorial divi­sions of a state. They are of two general class­es: (1) Municipal warrants, orders, or certif­icates; (2) municipal negotiable bonds. 15 Amer. & Eng. Enc. Law, 1206 —Municipal -warrants. A municipal warrant or order is
an instrument, generally in the form of a bill of exchange, drawn by an officer of a municipal­ity upon its treasurer, directing him to pay an amount of money specified therein to the person named or his order, or to bearer. 15 Amer. & Eng. Enc. Law, 1206.
MUNICIPAL CORPORATION. A pub­lic corporation, created by government for political purposes, and having subordinate and local powers of legislation; e. g., a coun­ty, town, city, etc. 2 Kent, Comm. 275.
An incorporation of persons, inhabitants of a particular place, or connected with a particular district, enabling them to con­duct its local civil government. Glov. Mun. Corp. 1.
In English law. A body of persons in a town having the powers of acting as one person, of holding and transmitting property, and of regulating the government of the town. Such corporations existed in the chief towns of England (as of other countries) from very early times, deriving their author­ity from "incorporating" charters granted by the crown. Wharton.
—Municipal corporations act. In English law. A general statute, (5 & 6 Wm. IV. c. 76,) passed in 1835, prescribing general regulations for the incorporation and government of bor­oughs.—Quasi municipal corporations. Public corporations organized for governmental purposes and having for most purposes the status and powers of municipal corporations (such as counties, townships, and school dis­tricts), but not municipal corporations proper, such as cities and incorporated towns. See Snider v. St. Paul, 51 Minn. 466, 53 N. W. 763, 18 L. R. A. 151.
MUNICIPALITY. A municipal corpo­ration; a city, town, borough, or incorporat­ed village. Also the body of officers, taken collectively, belonging to a city.
MUNICIPIUM. In Roman law. A for­eign town to which the freedom of the city of Rome was granted, and- whose inhabitants had the privilege of enjoying offices and honors there; a free town. Adams, Rom. Ant. 47, 77.
MUNIMENTS. The instruments of writing and written evidences which the owner of lands, possessions, or inheritances has, by which he is enabled to defend the title of his estate. Termes de la Ley; 3 Inst. 170.
MUNIMENT-HOUSE, or MUNIMENT-ROOM. A house or room of strength, in cathedrals, collegiate churches, castles, col­leges, public buildings, etc., purposely made for keeping deeds, charters, writings, etc. 3 Inst. 170.
MUNITIONS OF WAR. In interna­tional law and United States statutes, this term includes not only ordnance, ammuni­tion, and other material directly useful is the conduct of a war, but also whatever may contribute to its successful maintenance,

MUNUS
799
MUSEUM

such as military stores of all kinds and articles of food. See U. S. v. Sheldon, 2 Wheat 119, 4 L. Ed. 199.
MUNUS. Lat. A gift; an oflice; a ben­efice or feud. A gladiatorial show or spec­tacle. Calvin.; Du Cange.
MURAGE. A toll formerly levied in England for repairing or building public walls.
MURDER. The crime committed where a person of sound mind and discretion (that is, of sufficient age to form and execute a criminal design and not legally "insane") kills any human creature in being (exclud­ing quick but unborn children) and in the peace of the state or nation (including all persons except the military forces of the public enemy in time of war or battle) with­out any warrant, justification, or excuse in law, with malice aforethought, express or implied, that is, with a deliberate purpose or a design or determination distinctly form­ed in the «mind before the commission of the act, provided that death results from the injury inflicted within one year and a day after its infliction. See Kilpatrick y. Com., 31 Pa. 198; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct 895, 46 L. Ed. 1225; Guiteau's Case (D. C.) 10 Fed. 161; Clarke v. State, 117 Ala. 1, 23 South. 671, 67 Am. St. Rep. 157; People v. Enoch, 13 Wend. (N. T.) 167, 27 Am. Dec. 197; Kent v. People, 8 Colo. 563, 9 Pac. 852; Com. v. Webster, 5 Cush. (Mass.) 295, 52 Am. Dec. 711; Arm­strong v. State, 30 Ma. 170, 11 South. 618, 17 L. R. A. 484; U. S. v. Lewis (C. C.) Ill Fed. 632; Nye v. People, 35 Mich. 16. For the distinction between murder and manslaugh­ter and other forms of homicide, see Homi­cide; Manslaughter.
Common-law definitions. The willful kill­ing of any subject whatever, with malice afore­thought, whether the person slain shall be an Englishman or a foreigner. Hawk. P. C. b. 1, c. 13, § 3. The killing of any person under the king's peace, with malice prepense or afore­thought, either express, or implied by law. 1 Russ. Crimes, 421; Com. v. Webster, 5 Cush. (Mass.) 304, 52 Am. Dec. 711. When a person of sound mind and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied. 3 Inst. 47.
Statutory definitions. Murder is the un­lawful killing of a human being with malice aforethought. Pen. Code Cal. § 187. Whoever kills any human being with malice aforethought, either express or implied, is guilty of murder. Rev. Code Iowa 1880, § 3848. Murder is the unlawful killing of a human being, in the peace of the state, by a person of sound memory and discretion, with malice aforethought, either ex­press or implied. Code Ga. 1882, § 4320. The killing of a human being, without the author­ity of law, by any means, or in any manner, shall be murder in the following cases: When done with deliberate design to effect the death of the person killed, or of any human being; when done in the commission of an act eminent­ly dangerous to others, and evincing a depraved
heart, regardless of human life, although with­out any premeditated design to effect the death of any particular individual; when done with­out any design to effect death, by any person en­gaged in the commission of the crime of rape, burglary, arson, or robbery, or in any attempt to commit such felonies. Rev. Code Miss. 1880, § 2875. Every homicide, perpetrated by poison, lying in wait, or any other kind of willful, de­liberate, malicious, and premeditated killing; or committed in the perpetration of, or the attempt to perpetrate, any arson, rape, robbery, or bur­glary ; or perpetrated from a premeditated de­sign unlawfully and maliciously to effect the death of any human being other than him who is killed; or perpetrated by any act greatly dan­gerous to the lives of others, and evidencing a depraved mind, regardless of human life, al­though without any preconceived purpose to de­prive any particular person of life,—is murder in the first degree; and every other homicide com­mitted under such circumstances as would have constituted murder at common law is murder in the second degree. Code Ala. 1886, § 3725.
Degrees of murder. These were unknown at common law, but have been introduced in many states by statutes, the terms of which are too variant to be here discussed in detail. In general, however, it may be said that most states only divide the crime into "murder in the first degree" and "murder in the second degree," though in a few there are as many as five de­grees; and that the general purport of these statutes is to confine murder in the first degree to homicide committed by poison, lying in wait, and other killings committed in pursuance of a deliberate and premeditated design, and to those which accompany the commission of some of the more atrocious felonies, such as burglary, arson, and rape; while murder in the second degree occurs where there is no such deliberately form­ed design to take life or to perpetrate one of the enumerated felonies as is required for the first degree, but where, nevertheless, there was a purpose to kill (or at least a purpose to inflict the particular injury without caring whether it caused death or not) formed instantaneously in the mind, and where the killing was without justification or excuse, and without any such provocation as would reduce the crime to the grade of manslaughter. In a few states, there is a crime of "murder in the third degree," which is defined as the killing of a human being without any design to effect death by a person who is engaged in the commission of a felony. The fourth and fifth degrees (in New Mexico) correspond to certain classifications of man­slaughter elsewhere.
MURDRUM. In old English law. The killing of a man in a secret manner.
MURORUM OPERATIC Lat. The service of work and labor done by inhabit­ants and adjoining tenants in building or repairing the walls of a city or castle; their personal service was commuted into murage, (q. v.) Cowell.
MURTHRUM. In old Scotch law. Mur-ther or murder. 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 collections of curiosities for the entertain­ment of the eight, but also such as would Interest, amuse, and instruct the mind. Bos-tick v. Purdy, 5 Stew. & P. (Ala.) 109.

MUSSA
800
MUTUS ET SURDU3

MUSSA. In old English law. A moss or marsh ground, or a place where sedges grow; a place overrun with moss. Cowell.
MUSTER. To assemble together troops and their arms, whether for inspection, drill, or service in the field. To take recruits into the service in the army and inscribe their names on the muster-roll or official record. See Tyler v. Pomeroy, 8 Allen (Mass.) 498.
—Muster-master. One who superintended the muster to prevent frauds. St. 35 Eliz. c. 4. —Master-book. A book in which the forces are registered. Termes de la Ley.—Muster-roll. In maritime law. A list-or account of a ship's company, required to be kept by the mas­ter or other person having care of the ship, containing the name, age, national character, atid quality of every person employed in the ship. Abb. Shipp. 191, 192; Jac. Sea Laws, 161.
MUSTIZO. A name given to the issue of an Indian and a negro. Miller v. Dawson, Dud. (S. O.) 174.
MUTA-CANUM. A kennel of hounds; one of the mortuaries to which the crown was entitled at a bishop's or abbot's de­cease. 2 Bl. Comm. 426.
MUTATIO NOMINIS. Lat In the
civil law. Change of name. Cod. 9, 25.
MUTATION. In French law. This term is synonymous with "change," and is es­pecially applied to designate the change which takes place in the property of a thing in its transmission from one person to an­other. Mutation, therefore, happens when the owner of the thing sells, exchanges, or gives it. Merl. Repert
MUTATION OF LIBEL. In practice. An amendment allowed to a libel, by which there is an alteration of the substance of the libel, as by propounding a new cause of ac­tion, or asking one thing instead of another. Dunl. Adm. Pr. 213.
MUTATIS MUTANDIS. Lat With the necessary changes in points of detail.
MUTE. Speechless; dumb; that cannot or will not speak. In English criminal law, a prisoner is said to stand mute when, being arraigned for treason or felony, he either makes no answer at all, or answers foreign to the purpose or with such matter as is not allowable, and will not answer otherwise, or, upon having pleaded not guilty, refuses to put himself upon the country. 4 BL Comm. 324.
MUTILATION. As applied to written documents, such as wills, court records, and the like, this term means rendering the doc­ument imperfect by the subtraction from it of some essential part, as, by cutting, tear-
ing, burning, or erasure, but without totally destroying it. See Woodflll v. Patton, 76 Ind. 583, 40 Am. Rep. 269.
In criminal law. The depriving a man of the use of any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. 1 Bl. Comm. 130.
MUTINOUS. Insubordinate; disposed to mutiny; tending to incite or encourage mu­tiny.
MUTINY. In criminal law. An insur­rection of soldiers or seamen against the au­thority of their commanders; a sedition or revolt in the army or navy. See The Sta-cey Clarke (D. C.) 54 Fed. 533; McCargo v. New Orleans Ins. Co., 10 Rob. (La.) 313, 43 Am. Dec. 180.
—Mutiny act. In English law. An act of parliament annually passed to punish mutiny and desertion. 1 Bl. Comm. 415.
MUTUAL. Interchangeable; reciprocal; each acting in return or correspondence to the other; given and received; spoken of an engagement or relation in which* like duties and obligations are exchanged.
"Mutual" is not synonymous with "common.'* The latter word, in one of its meanings, denotes that which is shared, in the same or different degrees, by two or more persons; but the for­mer implies reciprocal action or interdependent connection.
As to mutual "Accounts," "Assent," "Com­bat," "Conditions," "Contracts," "Cove­nants," "Credits," "Debts," "Insurance," "Insurance Company," "Mistake," "Prom­ise," and "Testaments," see those titles.
MUTUALITY. Reciprocation; inter­change. An acting by each of two parties; an acting in return.
In every agreement the parties must, as re­gards the principal or essential part of the transaction, intend the same thing; ?. e., each must know what the other is to do. This is called "mutuality of assent." Chit. Cont. 13L
In a simple contract arising from agreement, it is sometimes the essence of the transaction that each party should be bound to do some­thing under it. This requirement is called "mu­tuality." Sweet.
Mutuality of a contract means an obligation • on each to do, or permit to be done, something in consideration of the act or promise of the other. Spear v. Orendorf, 26 Md. 37.
MUTUANT. The person who lends chat­tels in the contract of mutuum, (q. v.)
MUTUARI. To borrow; mutuatus, a bor­rowing. 2 Arch. Pr. 25.
MUTUARY. A person who borrows per­sonal chattels to be consumed by him and returned to the lender in kind and quan­tity ; the borrower in a contract of mutuum.
MUTUS ET SURDUS. Lat. In civil and old English law. Dumb and deaf.

MUTUUM
801 MYSTIC TESTAMENT

MUTUUM. Lat In the law of bail­ments. A loan for consumption; a loan of chattels, upon an agreement that the bor­rower may consume them, returning to th« lender an equivalent in kind and quantity. Story, Bailm. { 228; Payne v. Gardiner, 29 N. Y. 167; Downes v. Phoenix Bank, 6 Hill (N. Y.) 299; Rahilly v. Wilson, 20 Fed. Cas. 181.
MYNSTER-HAM. Monastic habitation; perhaps the part of a monastery set apart for purposes of hospitality, or as a sanc­tuary for criminals. Anc. Inst. Eng. Bl.Law Diot.(2d Ed.)—51
MYSTERY. A trade, art, or occupation. 2 Inst 668. Masters frequently bind them­selves in the indentures with their appren­tices to teach them their art, trade, and mystery. State v. Bishop, 15 Me. 122; Bar-ger v. Caldwell, 2 Dana (Ky.) 131.
MYSTIC TESTAMENT. In the law of
Louisiana, a closed or sealed will, required by statute to be executed in a particular manner and to be signed (on the outside of the paper or of the envelope containing it) by a notary and seven witnesses as well as the testator. See dr. Code Da. art. 1584.

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