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
Sax. Murder, answering exactly to the French “assassinat” or “muertra de guet-apens,”
A dead rent, like that which is called “mortmain.” Blount; Cowell.
A murderer. Cowell
Murder. Cowell.
In Scotch law. A term nearly synonymous with “mortmain.” Bell. Lands are aaid to be mortijied for a charitable purpose.
Lat. By reason of death; incontemplation of death. Thus used in the phrase “Donatio mortis causa,” (q. 2.) Mortis momentum est ultimum vite momentum. Thelast moment of life is the
- Mortmaindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
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 religio
These acts had for their object to prevent lands getting into the possession or control of religions corporations, or, as the name indicates, in moriua manu. After numerous prior a
- Mortuarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
Inecclesiastical law. A burial-place. A kind of ecelesiastical heriot, being a customary gift of the second best living animal belonging to the deceased, elaimed by and due to the
‘Tables for estimating the probable duration of the life
- Mortuum Vadiumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
A dead pledge; amortgage, (q. v.;) a pledge where the profits or rents of the thing pledged are not applied to the payment of the debt.
Dead. So in sheriil’s return, mortuue est, he is dead. Mortuus exitus non est exitus. A dead issue is noissue, Co. Litt. 29. Achild born dead is not considered as issue, MMos retin
In Spanish law. Strayed goods; estrays. White, New Recop. b. 2, tit. 2, ¢. 6.
or CARUCARUM. A penny which King Ethelred ordered to be paid for every plow in England towards the support of the poor. Leg. Ethel. ec. 1. ELEEMOSYN AL Possessions belonging to tli
- Motedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
Sax. <A meeting; an assembly. Used in composition, as burgmote, folkmote, ste.
The bell which was used by the Saxons to summon people to the court. Cowell.
A customary service or payment at the mote or court of the lord, from which some were exempted by charter or privilege. Cowell.
The halfof anything. Joint tenants are said to hold by moieties. Litt. 125; 3 C. B. 274, 283..
- Motherdefined inCase LawU.S. CodeBouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
A woman who has borne a child; a female parent; correlative to “son” or “daughter.”
The mother of one’s wife or of one’s husband.
- Motiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
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,
Under the chaneery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for deeree. Todo this the plaintiff serves on the de
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 1853, ord. 40. MOTION TO SET ASIDE JUDG-
- Motivedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
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. 5 Amer. Law
Lat. Of his own motion, Thecommencing words of a certain kind of papal rescript.
‘The dress or apparel worn by mourners at a funeral and for a time afterwards. Also the expenses paid for such apparel.
That which can be changed in place, ag movable property; or in time, as movable feasts or terms of court.
- Movablesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
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 B
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 co
One whe moves; one who makes a motion before a court; the applicant for a rule or order.
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.
In Spanish law. Movables; all sorts of personal property. White, New Recop. b. 1, tit. 8,¢.1, § 2.
In Scotch law. The offense of setting fire to a muiror moor, 1 Brown, Ch. 78, 116.
- Mulattodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
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." 18 Ala. 276.
Lat. (1) A woman; (2) a virgin; (8) a wife; (4) a legitimate ciild. 1 inst. 243.
Fr. Whena man has a bastard son, and afterwards marries the mother, and by her has also a legitimate gon, the elder son is bastard etgné, and the younger son is mulier puisné.
Inold Englishlaw. The state or condition of a mulier, or lawful issue. Co. Litt. 3525. The opposite of bastardy. Blount. Multa conceduntur per obliquum que non conceduntur de direc
A legitimate son. Glanvil.
- Multifariousnessdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
In _ equity pleading. The fault of improperly joining in one bill distinct and independent matters, and thereby confounding them; as, for exi ample, the uniting in one bill of seve
Divided into many or several parts.
- Multiple Poindingdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)
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 guods claimed by d
ETC. a plicity and indistinctness produce confusion; and questions, the more simple they are, the more lucid. Multiplicata transgressione crescat, peonss inflictio..As transgressio
A state of being many. ‘That quality of a pleading which involves a variety of matters or particulars; undue variety. 2Saund. 410. A multiplying or increasing. Story, Eq. Pl. § 287
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
- Multitudedefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
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 makea multitude, whil
In old records. A wether sleep. Hiulto utilins est panca idonea oeffundere quam multis inutilibus homines gravari. 4 Coke, 20. It is more useful to pour forth a few useful things t
In Scotchlaw. The quantity of grain or meal payable to the proprietor of 3 mill, or fo the multurer, his tacksmap, for manufacturing the corns. Ersk. Inat. 2, 9, 19,
In medical jurisprudence, A term applied to the complete the body to a continuously cold and dry atmosphere, 16 Amer. & Eng. Enc. Law, 261.
Antic diversions in the Christmas holidays, suppressed in Queen Amnne’s time.
In old English law. Peace; whence mundbryc, a breach of the peace.
Inold Frenehlaw. A tribute paid by a church or monastery to their scignorial eveucs and vidames, as the price of protecting them. Steph. Lect. 236.
MUNDEBURDE. A receiving into favor and protection. Cowell.
Inthe early ages of the fendal 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
In Roman law. A provincial person; a countryman. This was the designation of one born in the provinces or in a cify politically connected with Rome, and who, having become a Roman
- Municipaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)Bouvier (1839)
“Municipal” signifies that which belongs Co a corporation or a city. The term includes the rules or laws by which a particular district, community, or nation is governed, It may al
- Municipal Corporationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)
A public corporation, created by government for political purposes, and having subordinate and local powers of legislation; e. g., a county, town, city,cte. 2 Kent, Comm. 275. An i
In the judieial organization of several stutes, courts are established under this name, whose territorial authority is confined to the city or community in which they are erected.
- Municipalitydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
<A municipal corporation; a city, town, borough, or incorporated village. Also the body of officers, taken collectively, belonging to a city.
in contradistinction to international law, is the law of an individual state or nation. Itis the rule or law by which a particular district, community, or nation is governed. 1 Bl,
A lien or claim existing in favor of a municipal corporation against a property owner for his proportionate share of a public improvement, mude by the municipality, whereby his pro
- Municipal Ordinancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A law, rule, or ordinance enacted or adopted by a municipal corporation.
- Municipal securitiesdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The evidences of indebtedness issued by cities, towna, counties, townships, school-districts, and other such territorial divisions of a state. They are of two general classes: (1)
A munieipal 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
In Pennsylyvania 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,
In Roman law. 4 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,
- Munimentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
The instruments of writing and written evidences which the owner of Jands, possessions, or inheritances has, by which he is enabled to defend the title of his estate. Termes de la
- Munusdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lat. A gift; an office; a benefice or feud. A gladiatorial show or spectacle, Calvin.; Du Cange.
- Muragedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A toll formerly levied in England for repairing or building public walls.
- Murderdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
In criminal law. 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
- Murdrumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
In old English law. The killing of a man in a secret manner,
The service the walls of a city or castle; their personal service was commuted into murage, (gq. t.) Cowell.
Inold Secotchlaw. Murther or murder. Skene.
A building or institution for the cultivation of science or the exhibition of curiesities or works of art. The term “museum” embraces not only collections of curiosities for the en
In old English law. A moss or marsh ground, or a place where sedges grow; a place overrun with moss. Cowell.
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 inseribe their names on the mu
A book in which the forces are registered. Termes de la Ley.
One who superintended the muster to prevent frauds, St, 35 Eliz. c. 4.
Inmaritimelaw. A list or account ofa ship’s company, required to be kept by the master or other person having eure of the ship, containing the name, age, national character, and qu
<A name given to the issue of an Indian and a negro. Dud, (S. C.) 174.
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.
- Mutationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Abbott (1879)Bouvier (1839)
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 ane pe
Lat. Inthe civillaw. Changeof name. Cod. 9, 25,
- Mutatis Mutandisdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Lat. With the necessary changes in points of detail.
- Mutilationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Incriminallaw. 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 BIL. Comm. 130.
Insubordinate; disposed to mutiny; tending to incite or encourage mutiny.
- Mutinydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
Incriminal law. An insurrection of soldiers or seamen against tl.e authority of their commanders; a sedition or revolt in the army or navy,
In English law. An act of parliament annuully passed to punish mutiny and desertion. 1 Bl. Comm, 4165.
- Mutualdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
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
Accounts comprising mutual credits between the parties; or an existing credit on one side which constitutes a ground for credit on the other, or where there is an understanding tha
In bankrupt law. Credits which must, from their nature, terminate in debts; as where a debt is dus from day, and which will then become a debt; or where there is a debt on one side
Money due on both sides between two persons.
That form of insurance in which sach person insured becomes a member of the company, and Lha members reciprocally engage to indemnify each other against losses, any loss being met
- Mutualitydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Reciprocation; inter. change, 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 transact
See MISTAKE.
- Mutual Promisesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Promises asimultaneously made by and between two parties; each being the consideration for the other,
Wills made by two persons who leave their effects reciprocally to the survivor.
The person who lends chattela in the cortract of mutuum, (gq. v-)
To borrow; mutuatiis, & borrowing. 2% Arch. Pr. 25. turned to the lender in kind and quantity; the borrower in a contract of mutuum.
Lat. In civil and old English law. Dumb and dvaf.
- Mutuumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
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 the lender an equivalent in kind and q