Dictionary of Terms and Phrases Used in American or English Jurisprudence

A species of remedy allowed by the statute laws of most of the states to persons furnishing materials or labor towards the construction of a building, whereby, in proper cases, pay

Is that branch of jurisprudence which treats of controversies and questions requiring technical medical knowledge and skill, as well as knowledge of law; also called — less appropr

A son or daughter residing with a father does not cease to be a member of his family by the mere fact of arriving at twenty-one or eighteen years of age. Chicago, &c. R. Co. v. Chi

Let it be remembered. When legal instruments were in Latin, a writing, for which no technical form was prescribed, but which was drawn up to embody and preserve some transaction, o

1. Mental capacity. 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 giv

The body of general rules and customs prevailing among persons in trade, and by which, iu addition to statutes and rules of the common law, in the strict sense of the latter term,

A comprehensive general term for all those things which persons in trade usually keep for sale. The word is not capable of exact definition, being collective. In most uses it signi

Originally, one who^ji carries on trade with foreign countries; ' also, one whose business it is to buy and sell, irrespective of whether he trades abroad or only at home. Merchant

Occurs, u.sed substantially in the vernacular sense, in some technical phrases. Mere motion. The free and voluntary act of a party himself, done without the suggestion or influence

The absorption or extinguishment of a lesser estate, right, or liability by a greater one; the lesser becoming extinct, while the greater is not increased. With regard to estates i

Between; intermediate; middle. Mesne assignment. If A grant a lease of land to B, and B assign his interest to C, and C in his turn assign his interest therein to D, in this case t

In congressional practice, a message is received, in writing, from the president of the United States, usually at the commencement of the it appears to the executive; and, at other

The officer whose duty it is to take charge of a bankrupt's estate on adjudication of bankruptcy, pending appointment and qualification of assignee, is technically styled messenger

A term used in deeds in describing the.premises conveyed, It is, however, more technical than dwelling-house, and several decisions have given it a broader extent than that term ha

White lead, nitrate of lead, oxide of zinc, and dry and orange mineral, are not among the articles subject to a reduction of duty, under the act of June 6, as "manufactures of meta

or METER. A unit of measurement, of French contrivance, introduced about the commencement of the present century, as the basis of an improved system of weights and measures. In the

when used with reference to the English metropolis, local management acts, and the decisions and practice under them, includes the city of London and the following parishes and pla

1. In ecclesiastical law, is one of the titles of an archbishop. The archbishop of Canterbury is styled " primate of all England and the metropolitan," because the province of Cant

A term of the French law, corresponding to "movables" in English law. Things are meubles from either their own nature as chattels; or by positive law, as evidences of debt; or from

One of the terms of court, beginning on the 2d of November, and ending on the 25th or 26th of the same month, according as the 25th is not or is Sunday. Under the judicature act, 1

An intermediate agent; a broker between producer and consumers; between land-owner and occupant. A middleman, in Ireland, is a person who takes land in large tracts from the propri

Corresponds in the navy to cadet in the army. A youth employed on board ship of war; -whose duties are chiefly to transmit and second the orders of the officers; and to render any

A compensation for duties or services involving journeying, measured by the distance, i.e. number of miles, travelled.

Pertaining to war or to the army; concerned with war. The word is quite generally used in antithesis to naval; yet in many of its applications the navy, so far as that branch is a

The forces available for the defence of a state or of the nation, consisting of citizens called into military service for the time being. The constitution of the United States prov

Under the word mill in a devise, the land under the mill, and adjacent thereto, so far as necessary to its use, and commonly used with it, will pass. Whitney V. Olney, 3 Mas. 280.

The words "mines and minerals," in a deed, do not convey all the mineral kingdom, as distinguished from the animal or vegetable; nor are they restricted to any one of the subdivisi

1. An officer of high rank in the administration of civil government, associated with the sovereign, and having charge, as his representative, with the general administration of so

One who has not attained the age at which full civil rights are accorded; a person less than twenty-one years old; an infant. Minority: the civil condition of a person under age. I

A law-book, the full name of which is the Mirror, or Mii Tour, of the Justices, or of Justice. It dates in the reign of Edward II., and is attributed to one Andrew Home. It is a ge

Is the killing a man, partly by negligence and partly by chance. Britton distinguishes between adventure and misadventure. The first he makes to be mere chance, as if a man, being

1. In its general sense, of erroneous doing or behavior, this word occurs in the original English statute of frauds, 29 Car. II. ch. 3, § 4, which enacts that no action shall be br

The expression misconduct in office, in a statute proriding for the removal of a register of deeds, is not limited to wrongful performance of such acts as the law expressly authori

In a general sense, any punishable act; but the word is most used to designate the less aggrarvated crimes; offences punishable by indictment, but not amounting to felony. Except w

The principal use of this ■word is, in the old law of pleading, to signify the issue joined in a real action, particularly in a writ of right. Other meanings are given. Mise signit

A lamentable deposit. The term applied, in the civil law, to a deposit made involuntarily, or under pressing necessity; so called because made under circum-

Mercy; an amercement; particularly, a discretionary amercement. To be in mercy is to be liable to such a fine as the judge in his discretion may impose. The word was commonly used

The performance of a lawful act in an improper manner; a wrong done incidentally to the exercise of a right, or the performance of a duty. The word is sometimes used in the general

The uniting of things which ought not to be combined. It contrasts with nonjoinder, which is the omission of something which ought to be united. Important uses of the word are thes

Error in name; the defect of naming a person incorrectly in a pleading, deed, or other instrument.

The omission, in pleading, of any thing essential to the action or defence; as if a plaintiS does not merely set forth his title in a defective manner, hut sets forth a title wholl

Originally, a vague general term for a neglect, omission, or a contempt of authority. Hence it came to be sometimes used to signify any considerable offence which had no definite n

An account or description of matters of fact given to another person falsely and to his injury. The word is of frequent and important use in the law of contracts, in view of the pr

A ship which has been at sea and unheard from for so long a time as to give rise to the presumption that she has perished with all on board. Bouvier; Wharton. A vessel is called a

There is a large body of decisions upon the extent and limits of the power of courts of equity to grant relief in cases of mistake; they, however, do not change the meaning of the

In the m Uder sense. Accoi'ding to the former law governing actions for slander, the words complained of must always be construed in mitiori sensu, in the least injurious meaning a

"We send. 1. In old English practice. The name of a writ for removing a suit for tiial to a particular county. 2. In criminal practice. The name of a precept or warrant for committ

Occurs in some technical phrases. Mixed action. Lawsuits which partake of the twofold nature of real and personal actions, having for their for a wrong sustained, are termed mixed

An unorganized assemblage of many persons intent on unlavrful violence; a riot involving a multitude. Bouvier, citing Alison, says that in Scotch law " mob " and " riot," though of

Moderately; temperately; within prudent bounds Moderate castigavit. He moderately chastised. The name of a plea in justification in trespass for assault and battery, alleging that

To alter; to change in incidental or subordinate features. Compare Alter. Modification: such change in a contract, judgment, &c., as leaves the original thing in operation as far a

Manner; mode; way. The word was used in old English practice to denote the expression in a conveyance of the manner in which the estate conveyed should be held, or the nature of th

In French law, a contract fraudulently contrived to cover a usurious loan of money. Brown.

One-half; but generally spoken of an undivided half. Two joint tenants are said to take by moieties; that is, each is entitled to half. The duty laws of Congress have sometimes pro

Corn (i.e. grain) sent to mill; also a grist. Jacob.

The toll or multure paid for grinding com at a mill..Jacob. Molitura libera. Free grinding; a liberty to have a mill without paying tolls to the lord. Jacob. Mo Uiter manus imposui

The name of the process, in the nature of summons, corresponding to the writ at common law, and law, particularly the admiralty and the ecclesiastical courts. The monition, in Amer

Communications of warning and admonition sent from an ecclesiastical judge, upon information of scandals and abuses within the cognizance of his court. Wharton. only, particularly

A manifestation or showing of title. This was the name of a common-law proceeding or remedy available for enforcing a claim against the crown, when the title were matter of record.

Whether the word month, occurring in a written instrument, as a contract, deed, or statute, means a calendar or a lunar month, is a question of intention. Where the intent is not c

Death. Mort d'ancestor. Death of ancestor. See Assize op mort. Mort civile. The term of French law corresponding to our " civil death," and denoting the status impressed on the sub

Dead hand. Lands which have been conveyed to corporations having perpetual succession, so that the lands may remain for ever inalienable, are said to be held in mortmain. Conveyanc

1. A gift left by a man at his death to his parish church, for the recompense of his personal titlies and offerings not duly paid in his lifetime. 2. A kind of ecclesiastical herio

A dead pledge; a mortgage (q. v.); a pledge where the profits or rents of the thing pledged are not applied to the payment of the indebtedness secured, thereby differing from a viv

Sometimes signifies gemote (5. I!.), an assembly; sometimes moat, a trench of water protecting a residence from intrusion.

1. In the practice of the courts, a motion is usually a public application to the court that it will make some order, pass judgment or sentence, or take other judicial action. Acco

That which can be changed in place, as movable property; or in time, as movable feasts or terms of court. Movable property, or movable^. Property which can be carried from place to

To apply to the court for its action; to propose a measure in a deliberative body. See Motion.

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 o. State, 18 Ala. 276. A person begotten between a

A defect in equity pleading, consisting in the uniting in one bill of several claims of a distinct and independent nature, and which ought to be the subject of distinct suits. A bi

In Scotch law, means double distress. An action of multiple poinding is an action brought by a person threatened by rival claimants, calling upon them to dispute their preferences

This arises where several different suits or actions are brought upon the same issue; which is always considered objectionable. It is obviated in equity by resort to what is called

The meaning of this word is not very certain. 3y some it is said tliat to make a multitude there must be ten persons at least, while others contend that the law has not fixed any n

In Scotch law, a miller's tolls. Multure is a quantity of grain payable to the proprietor of the mill by every person who comes to the mill to have his corn ground. The tenants and

Originally, pertaining to or governing a city or other distinct local community or body within a state, but having large rights of self-government. The municipium of Koman times vp

Any deed, document, or instrument of evidence whereby title appears. Mimiments of title is a general expression for all the means of evidence by which an owner, corporate or indivi

In early English criminal law, the killing of a person in a secret manner was distinguished from other homicides by this name. It also signified the fine or amercement imposed in c

V. To convene, drill, enrol, or organize soldiers; thus, a militia regiment, formally accepted for the service of the United States, is said to be " mustered into " the federal ser

Change. In the law of France, it is applied to a change of title to property when transferred from of ecclesiastical courts it is spoken of amendment of the libel. Bouvier.

A prisoner is said to stand mute when, being arraigned for trial or felony, he either makes no answer at all, or answers foreign to the purpose, or with such matter as is not allow

The offence of rebellion against discipline, or resistance of officers, committed by sailors, soldiers, or marines. Mutiny is now, by military men, generally understood to imply co

A loan for consumption. A loan of consumable goods, for consumption by the borrower, lent on condition of a return in kind. The property in the subject-matter of such a loan is tra

The art, occupation, or trade by which a person may be described. in addition to his residence, in a deed, was termed his mystery. Mystery means the defendant's trade,

See Nude.

For. The frequent use of this word to introduce a Latin maxim has sometimes caused such maxims to be quoted as if commencing with " nam." As it is not strictly the initial word of

The designation by which a person or corporation is usually known. Many decisions have said that the law recognizes only one Christian name; and the insertion or omission of a midd

In French law, is the contract of pledge: if of a movable, it is called gam; and if of an immovable, it is called antichrese. Brown.

A narrative. In common-law practice, the term is applied to the plaintiff's count or declaration, as being a narrative of the facts of the case constituting his ground of action. T

A community or people permanently occupying a distinct territory, maintaining a government of their own, and recognized as independent of, and capable of dealing with, other sovere

A writ which lay for a lord when his villein had run away from him. It was directed to the sherilf, and commanded him to apprehend the villein, and to restore him, togetlier with h

Nature. Occurs in some maxims. fect; and so does the law. The law seeks perfection. Natura non facit saltum; ita neo lex. Nature makes no leap; neither does the law. Proceedings at

This adjective occurs, without much deviation from its vernacular meaning, in several somewhat technical phrases. Natural affection, or love. That love or sentiment of regard which

Natural. Many Latin maxims which are based upon common reason are sometimes quoted with the phrase naturale est — it is natural — prefixed; which may be, however, considered as not

To impart, by a proceeding, the privileges and rights in the nation usually founded on nativity; to make one a citizen. Naturalization: a proceeding by which an alien may be consti

Born. Used in connection ■with, or by way of distinction from, nasciturus (q. v.), to designate a child or childien of a particular marriage already born, as distinguished from tho

See Navy.

Adapted to bear vessels in use; capable of being navigated; useful for commercial communication by water. The terra navigable waters, in the act of Peb. 26, 1845, is not to be unde

To conduct vessels through public waters; to use the vfatera as a means of communication; also, spoken of a vessel, to conduct or employ it actively.

The art, or business, or science of conducting vessels through waters, in the usual employment of them. Navigation laws. Acts of parliament regulating the trading intercourse of fo

The organized public vessels of a country; the system for the defence of the nation by sea. Naval: pertaining to the navy; connected with the maritime protection of a people. Navy,