A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 11,175 terms defined in A Dictionary of Law. Browse all dictionaries
In old English law. A quantity of ground containing in length and breadtii 100 feet.
In manner and form. Words used in tie old Latin forms of pleadings by way of traverse, and literally transluted in the modern precedents, import. ing that the party traversing deni
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 de non decimando non val
A valid manner. Modus legem dat donationi. Custom gives law to the gift. Co. Litt. 19; Broom, Max. 459. “
The manner of levying fines. The title of ashort statute tn French passed in the eighteenth year of Kdward 1. 2 Inst.510; 2 Bl. Comm. 349.
The manner of holding; 7. e., the different species of tenures by which estates are held.
The manner of transferring.
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. s. o.
L. Fr. Movable. Biens moebles, movable goods, Britt. «a 11
The secret killing of another; murder. 4 Bl. Comm. 194.
In Hindulaw. Separated; particularized; the subordinate divisions of a district in contradistinction to Sadder or Sudder, which implies the chief seat of government. Wharton.
A system of native law prevailing among the Mohammedans in India, and administered there by the British government.
A gold coin of Portugal, valued at twenty-seven English shillings.
In old records. A roill.
In Scotch law. A in questions of commonty or of controverted marches. Ersk. Inst. 4, 1, 48.
- Molituradefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)Bouvier (1839)
The toll or multure paid for grinding corn ata mill. Jacob.
Free grinding; a liberty to have a mill without paying tolls to the lord. Jacob.
Lat, He gently laid bands upon. Formal words in the old Latin pleas in actions of trespass and assault where a defendant justified laying hands upon the plaintiff, a3 where it was
The laws of Dunvallo Molmutius, a legendary or mythical king of the Britons, who is supposed to have begun his reign about 400 B.C, Thesa laws were famous in the land till the Con
In the civil law. An instant; an indivisible portion of time. Cals vin. A portion of time that might be measured; a division or subdivision of an hour; ans swering in some degree t
The state of monks,
- Monarchydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
A government in which the supreme power is vested in a single pere son. Where a monarch is invested with absolute power, the monarchy is termed “despotie;” where the supreme power
One of the post-offices authorized to draw or pay money orders.
Money, (gq. 2.} Moneta est justum medium et mensu- 42 rerum commutabilium, pam per medium monet fit omnium rerum conveniens et justa wstimatio. Dav. Ir. K. B. 18. Money is the just
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 retr
- Moneydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A tax upon chimneys or hearths; an ancient tax or duty upon houses in England, now repealed.
A money-changer; a scrivener or jobber; one who lends or raises
- Money Demanddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Aciaim fora fixed and liquidated amount of money, or for a sum which ean be ascertained by mere calculation; in this sense, distinguished from a claim: which must be passed upon an
This term has a more limited meaning than the term “personal property,” and applies to such capital as ig readily solvable in money, 28 Fed. Rep. 776.
- Moneyed Corporationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A corporation having the power to make Joans upon pledges or deposits, or authdrized by law to make insurance. 2 Rev. St. N. Y. (7th Ed.) 1871.
- Money Judgmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
One which adjudges the payment of a sum of money, as distinguished from one directing an act to be done or property to be restored or transferred.
A phrase descriptive of money which is held upon a trust to convert it into land.
In pleading. The technical name of a declaration in an action ot assumpstt for that the defendant promised to pay the plaintiff for money lent.
Thereturn made bya sheriff to a writ of execution, signifying that he has collected the gum of money required by the writ.
In French law. Earnest money; so called because given at parling in completion of the bargain. <Arrheg is the usual French word for earnest money- “money of adieu” is a provineiaii
Under the postai order Is a species of draft drawn by one postoffice upon another for an amount of money deposited at the first office by the person purchasing the money order, and
Inpleading. The technical name of a declaration in assiumpsit, in which the plaintiff declares for money paid for the use of the defendant.
In parliamentary language, an act by which revenue is directed to be raised, for any purpose or in any shape w Waeissever, either for governmental purposes, and collected from the
A dealeror seller. It is seldom or never used alone, or otherwise than after the name of any commodity, to express a seller of such commodity.
or MONEYEERS. Ministers of the mint; also bankers. Cowell.
A memorial, superseription, or record.
- Monitiondefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
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 mon
Communications of warning and admonition sent from an ecclesiastical judge, upon information of scandal and abuses within the cognizance of his court.
A government by one person.
A monarch who governs alone; an absolute governor.
The marriage of one wife only, or the state of such as are re strained to a single wife. Webster. A Inarriage contracted between ona man and one woman, in exclusion of all the rest
A character or clpher composed of one or more letters interwoven, being an abbreviation of a name.
A special treatise upon a particular subject of limited range; a treatise or commentary upon 4 particular branch or division of a general subject.
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 Jaw
- Monomaniadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
In medical jurisprudence. Derangement of a single faculty of the mind, or with regard to a particular subject, the other faculties being in regular exerciss, Monopolia dicitur, cum
The sole power, right, or privilege of sale; monopoly; a monupoly. Calvin.
In England. The presiding judge in the court of common pleas, and afterwards in the common pleas division of the high eourt of justice, and one of the ex afficito judges of the hig
A prodigious birth; a hunian birth or offspring not having the shape of mankind; which catnot be heir to any land, albeit it be brought forth in marriage. Bract. fol. 5; Co. Litt.
- Monstrans De Droitdefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Fr In English Jaw. 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
Fr. In old English practice. A showing of deeds; a species of profert. Cowell.
WRIT OF. In English law. A writ which lies for the tenants of ancient demesne whe hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, acc
A box in which relics are kept; also a muster of soldiers. Cowell.
Joshua. A commercial dictionary, containing the present state _ of mercantile law, practice, and custom. Ist Amer. Edn. 38 vols. 8vo. Philadelphia, 1804. MOZLEY (Herbert Newman) an
In Spanish law. Forests or woods. White, New Recop. b. 2, tit. 1, ¢. 6, §1.
Public pawnbroking establishments; institutions established by government, in some European countries, for lending small sums of money on pledges of personal property. Im France th
- Monthdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
In old English law. A period of time, occurring in the middle of summer, during which it was unlawful to hunt deer In the forest, that being their fawning season. Probably so calle
Anything by which the memory of a person or an event is preserved or perpetuated. A tomb where a dead body has been deposited. Monumenta que nos recorda vocamus sunt veritatis et v
Permanent landmarks established for the purpose of indicating boundaries.
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
In Hindu law. An agent or attorney.
In Hindu law. A written authority constituting an agent; a power of attorney.
An olficerin the Isle of Man, who summons the courts for the several sheadings. The office is similar to the English bailiff ofa hundred.
Asum due by law or usage for mooring or fastening of ships to trees or posts at the shore, or toa wharf. 8 Bland, 373.
Jnmaritimelaw. Anchoring or making fast to the shore or dock; the securing or confining a vessel in a particular station, as by eables and anchors or bya line or chain ran to the w
adj. A subject for argument;
n. In English law. Moots are exercises in pleading, and in arguing doubtful cases and questions, by the students of an inn of court beforethe benchers of the inn. Sweet,
A pack of dogs, Cowell.
A court held for the arguing of moot cases or questions.
The place where moot cases were argued. Also a council-chamber, hall of judgment, or town-hall.
The exercise of arguing questions of law or equity, raised for the purpose. See Moor.
One of those who used to argue the reader’s cases in the inns of court.
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.
Lat. In thecivil law. Delay; default; neglect; culpable delay or default. Calvin.
Sax. <A moor; barren or unprofitable ground; marsh; 4 heath; a watery bog or moor, Co. Litt. 5; Fieta, 1. 2, ¢. 71.
Those only in which men have knowledge to guide them, and a will to choose for themselyes, Ruth, Inst. lib. 1. ¢. i.
- Moral Certaintydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In the law of criminal evidence, Thatdegree of assurance which induces a manof sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Cire. Ev. 7. A certa
As opposed to “mathematical” or “demonstrative” evi dence, this term denotes that kind of evidence which, without developing an absolute and necessary certainty, generates a high d
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 w
In medical jurisprudence. A derangement of the moral system; a morbid condition, in which the passions, appetites, inclinations, and moral dispositions have eseaped from the contro
- Moral Obligationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A duty which is valid and binding in the forum of theconscience, but is not recognized by the law as adequate to set in motion the machinery of justice; that is, one which rests up
A watery or boggy moor; a morass. Mora reprobatur in lege. Delay is reprobated in law. Jenk. Cent. p. 51, case 97.
Lat. For the purpose of delaying or postponing payment or performance.
Lat. He de 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 de
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
Lat. In the civillaw. A sickness which rendered a man incapable of attending to business.
Lat. Inold pleading. In husband-likemanner. Townsh. Pl. 198.
This phrase, inserted in a conveyance of Jand immediately after the statement of the quantity of land conveyed, means that such statement is not to be taken as a warranty of the qu
The tawful and inseparable conjunction of a man, of noble or illustrious birth, witha woman of inferior station, upon condition that neither the wife nor her children shall partake
or MORGANGIVA. A gift on the morning after the wedding; dowry; the husband’s gift to his wife on the day after the wedding. Du Cange; Cowell.
A social and religious system prevailing in the territory of Utah, a distinctive feature of which is the practice oi polygamy. ‘These plural marriages are not recognized by law, bu
Lat. Death. Mors dicitur ultimum supplicium. Death is called the “last punishment,” the “extremity of punishment.” 3 Inst. 212. Mors omnia solvit. Death dissolves all things. Jenk.
This word, in its ordinary sense, never means violent death, but death arising from natural causes. 5 Barn, & Ald. 110; 3 Barn. & C. 793.
A writ directed for the admission of a clerk in the place of another presented by the crown, where there had been a demise of the crown during a suit; for judgment once passed for
- Mortgagedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
An estate created by a conveyance absolute in its form, butintended to secure the performance of some act, such as the payment of money, and the like, by the terms prescribed at th
This rule signifies that an instrument originally intended as a mortgage, and not a deed, cannot beconverted intoanything else thana mortgage by any subsequent clause or agreement.