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
- Mayor's Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Bouvier (1839)
<A court established in some cities, in which the mayor sits with the powers of a police judge or committing miagistrate in respect to offenses committed within the city, and somet
An inferior court having jurisdiction in civil cases where the whole cause of action arises within the city of London.
in Engilsh prac tice. Under the judicature act of 1875, daims for the price of goods sold, for money lent, for arrears of rent, etc., and other claims where money is directly payab
He that gives a mortgage.
Ground somewhat watery, not plowed, but covered with grass and flowers. Ene. Lond.
A tract of low or level lana 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 yield
or MESNE: A middle between two extremes, whether applied to persons, things, or time.
‘To meander means to follow a winding or flexuous course; and when it is said, in « description of land, “thence with the meander of theriver,” it must mean a meandered line,—a lin
The instrument or agency through which an end or purpose is accomplished, 2. Resources; available property; money or property, as an avallable instrumentality for elfecting a purpo
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. 71
or MESE. Norman- French fora house. Litt. §3 74, 251,
(Corruption of maison de Dieu.) A house of God; a monastery; religious hous6 or hospital. See $Y Eliz.c. 5.
That by which extent or dimension is ascertained, either length, brealth, thickness, capacity, or amount, Webster. Therule by which anything is ade justed or proportioned.
- Measure Of Damagesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Therule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensation for Injuries in actions at law.
In the ordinary sense of the word, “measure” would i Inean something by comparison with which we may ascertain what 1s the value of anything. When weconsider, further, that value i
In old English law, A duty which some persons exacted, by letters patent, for every piece of cloth made, besides alnage. Now abolished.
A workman employed in shaping and uniting materials, suchas wood, metil, etc,, into some kind of structure, machine, or other object, requiring the use of tools, 11 Lea, 517; 13 Pa
- Mechanic’s Liendefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
A species of lien ¢reated by statute in most of the states, which exists in favor of persons who have performed work or furnished material in and fur the erection ofa building. The
In old records. A house or place where metheglin, or mead, was made,
Inold Englishlaw, A bribe or reward; a compensation given in exchange, where the things exchanged were not of equal value. Cowell.
- Media Annatadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Spanish law. Half-yearly profits of land. 5 Tex. 34, 79.
In old English law. Midnight. Ad mediam noctem, at midnight, Fieta, lib. 5, c. 5, § 31. MEDIA ET INFIRMA MANUS
Aman of middie fortune.
- Mediate Powersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Those incident to primary powers given by a principal to his agent. For example, the general authority given to collect, receive, and pay debts quently required to settle accounts,
Secondary evidence, (g. 0.) ?
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 disput
One who interposes between parties at variance for the purpose of reconciling them.
- Mediators Of Questionsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In 5 Englishlaw. Six persons authorized by statute; (27 Edw. Ill. St. 2, c. 24,) who, upon any question arising among merchants relating to unmerchantable wool, or undue packing, e
- Medical Evidencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Evidence furnished by medical men, testifying in their professional capacity as experts, or by standard treatises on medicine or surgery,
- Medical Jurisprudencedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
The science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in a court of justice. Otherwise called “forens
- Medicinedefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
“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 t
Relating to the law concerning medical questions.
In old praetice. 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 MEpIEraTE
In Scotch law. Contemplation of flight; intention te abscond, 2 Kames, Eq. 14, 15.
In old English law. Meantime; mesne protits. Cowell
In old Englishlaw. A mixing together; a medley or mélée; an affray or sudden encounter. An offense suddenly committed in an affray. The English word “medley” is preserved in the te
- Medleydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
An affray; a sudden or casual fighting; a hand to hand battle; a méldéa, See CHANCE-~MEDLEY; CHAUD-MEDLEY.
In old English law. A bribe; hush money.
A harvest supper or entertainment given to laborers at harvest-home. Cowell.
A coming together of persons; an assembly. In the Jaw of corporations, meetings are of two kinds,—ordinary and extraordinary; or, as they are also called, general and special. Ordi
LFr. Minority; lesser age. Kelham.
In Spanish law. Preferred; advanced. White, New Recop. 1. Baus. 10, ¢. 1, § 4.
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 [#. ¢., informer’s] fee.” Whart
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,
- Memberdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
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 porti
- Member Of Congressdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A member of the senate or house of representatives of the United States. In popular usage, particularly the latter.
One having the right to sit in either house of the British parliament.
- Membersdefined inCase LawU.S. CodeCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
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 Chit. Co
Lat. In the civil law. Parchment. Dig. 32, 52. In old Hnglish law. <A skin of parchment. The ancient rolls usually consist of several of these skins, and the word “smenbrane” is us
A slip or smal) piece of land.
In French law. A document in the form of a petition, by which appeals to the court of cassation are initiated.
Inthe law of marine insurance, this phrase designates the articles of merchandise which are usually mentioned in the memorandum clause, (g. v.,) and for which the underwriter's lia
- Memorandum Checkdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A check given by a borrower to a lender, for the amount of a short loan, with the understanding thatit is not to be presented at the bank, but will be redeemed by the maker himself
Ina policy of marine insurance the memorandum elause is a clause inserted to prevent the underwriters from being liabie for injury to goods of a peculiarly perishable nature, and f
A document alleging error in fact, accompanied by an affidavit of such matter of fact. MEMORANDUM OF ALTERA-
- Memorialdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
A document presented to a legislative body, or to the executive, by one or more individuals, containing a petition ora representation of facts. In English law, That which contains
From time of which memory to the contrary does not exist. A verbis legis non est recedandum., From the words of the liw there must be no departure. 5 Coke, 119; Wing. Max. 25. A co
Lat. From memory; by or from recollection. Thus, memovriter proof of a written instrument is such as is furnished by the recollection of a witness who had seen and known it.
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,
- Memorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
TIME OF. According to the English common law, which bas been altered by 2&8 Wm. IV. c. 71, the time of memory commenced from the reign of hichadI., A.D. 1189. 2 Bl. Comm. 31.
- Menacedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A threat; the declaration or snow of a disposition or determination to inflict an evil or injury upon another.
In old Scotch law. A stock-horn; a horn made of wood, “with circles and girds of the same,” Skene.
- Menialdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
<A servant of the lowest order; more strictly, a domestic servant living under his master’s roof.
- Men Of Strawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Men who used in former days to ply about courts of law, so called from their manner of making known their occupation, (%. ¢., by a straw in one of their shoes,) recognized by the n
Lat. Mind; intention; meaning; understanding; will.
- Mensadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
Patrimouy or goods and necessary things for livelihood. Jacob. <A table; the table of a money-changer. Dig. 2, 14, 47.
- Mensa Et Thorodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
From bed and board. See Divorce.
Parsonages or spiritual livings united to the tables of religious houses, and called “mensal benefices” amongst the canonists. Cowell.
Lat. In the civil and old Englishlaw, A month. Mensis vetitus, the prohibited month; fenee-month, (gq. 0.)
The intention of the law-maker.
Lat. A guilty mind; Mens testatoris in testamentis specttanda est. Jenk. Cent. 277. The intention of the testator is to be regarded in wills.
In thecivillaw. A money-elianger or dealer in money. Dig. 2, 14, 47, 1.
In old English law. A measure.
- Mensura Domini Regisdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
“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.
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
Lat. To lie; to assert a falschood. Calvin.; 8 Bulst. 260,
A house or roum of strength, in cathedrals, collegiate churches, castles, colleges, public buildings, ete., purposely made for keeping deeds, charters, writings, etc. 3% Inst. 170.
Theact of lying; a falsehood.
In old records. Timbers; wood for building.
An exception or plea of money not paid; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 18, 2.
Merchantable; to be sold or bought.
Establishments which make a business of collecting information relating to the credit, cbharacter, responsibility, and reputation of merchants, for the purpose of furnishing the in
- Mercantile Lawdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
An expression substantially equivalent to the Juw-merchant or commercial law. It designates the system of rules, customs, and usages generally recognized and adopted by merehants a
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 wo
One which habitually buys and sells; one which buys for the purpose of afterwards selling. 32 Pittsb. Leg. J. (O. 8.) 510.
A market. An old form of the latter word common in Sevtch law, formed from the Latin “mereatum.” M@ERCATIVE. Belonging to trade,
A writ for the delivery of a clerk out of prison, who was taken and incarcerated upon the breach of a statute merchant. Reg. Orig. 147. CLERICO CONVICTO COMMISSO GAOLA IN DEFECTU C
In old English law. A writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg
Lat. A markei. A contract of sale. Supplies for an army, (commeatus.)
The practice of buying and selling.
A hirer; one that hires,
A hireling or servant. Jacob.
The law of the Mercians. One of the three principal systems of laws which prevailed in England about the and those bordering on the principality of Wales, 1 Bl. Comm. 65.
Inthe civillaw. Reward of labor in money or other things. As distin. guished from “pensio,” it means the rent of farms, (prediarustici.) Calvin.
- Merchandisedefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
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 i
- Merchantdefined inCase LawBlack's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
A man who traflics or carries on trade with foreign countries, or who exports and imports goods and aclis them by wholesales. Webster. Merchants of this description are commonly kn
Fit for sale; yvendible in market; of a quality such as will bring the ordinary market price.
Whera the appraisement of an invoice of imported goods made by the revenue officers at the eustom-house is not satisfactory to the importer, persons may be selected (under this nam
A ship or vessel einployed in forvign or domestic commeree or in the merchant service,
Ac counts botween merchant and merchant, which must be current, mutual, and unset-