Black's Law Dictionary

The proper style of the wife of an esquire or a gentleman in England.

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 fund

Abuse of an office or franchise. 2 Bl. Comm. 153.

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

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 constifute a cau

Lat The more favorable acceptation.

The more mlldly one commands, the better is he obeyed. 3 Inst. 24.

In French law. The joint ownership of two neighbors in a wall, ditch or hedge which separates their estates.

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 c

L. Fr. To put, to send or to pass; as, mitter Vestate, to pass the estate; mitter le droit, to pass a right. These words are used to distinguish different kinds of releases.

L. Fr. In old practice. To put before; to present before a court; to produce in court.

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 equa

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 wh

An action partaking of the twofold nature of real and personal actions, having for its object the demand and restitution of real property and also personal damages for a wrong sust

A person is "of mixed blood" who is descended from ancestors of different races or nationalities ; but particularly, in the United States, the term denotes a person one of whose pa

A form of government combining some of the features of two or ali of the three primary forms, viz., monarchy, aristocracy, and democracy.

A bilingual jury; a jury of the half-tongue. See De Medietatæ Lin-guæ. Also a jury composed partly of negroes and partly of white men.

Otherwise called "compound" or "complicated larceny;" that which is attended with circumstances of aggravation or violence to the person, or taking from a house. —-Petit larceny. T

A name sometimes given to those which concern both persons and property.

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.

A policy of marine insurance in which not only the time is specified for which the risk is limited, but the voyage also is described by its local termini; as opposed to policies of

Property which is personal in its essential nafure, but is invested by the law with certain of the characteristics and feafures of real property. Heirlooms, tombstones, monuments i

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

Snch as fall within the definition of things real, but which are attended, nevertheless, with some of the legal qualities of things personal, as emblements, fixtures, and shares in

Those which arise not immediately from the ground, but from those things which are nourished by the ground, e. g., colts, chickens, calves, milk, eggs, etc. 3 Bum, Ecc. Law, 380 ;

A mixed war is one which is made on one side by public authority, and on the other by mere private persons. People v. McLeod, 1 Hill (N. Y.) 377, 415, 37 Am. Dec. 328.

The mixture or contusion 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 o

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."

one into which bath the parties enter voluntarily; it implies a common intent to fight, but not necessarily an exchange of blows. Aidrige v. 'State, 59 Miss. 250; Tate v. Slate, 46

An assemblage of many pcople, acting in a violent and disorderly manner, defying the law, and committing or threatening to' commit, depredations upon property or violence to person

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 lie

Lat. Movables; movable things; otherwise called "res mobiles."

Movables have no situs or local habitation. Holmes v. Remsen, 4 Johns. (N. Y.) Ch. 472, 8 Am. Dec. 581.

Movables follow the [law of the] person. Story, Confl. Law, § 378; Broom, Max. 522.

A kind of cloth made in England, mentioned in St 23 Eliz. c. 9.

A bequest accompanied by directions as to the mode or manner in which it shall be applied for the legatee's benefit, e. g., a legacy to A. to buy him a house or a commission in the

A pattern or representation of something to be made. A fac simile Of something invented, made on a reduced scale, in compliance with the patent laws. See State V. Fox, 25 N. J. Law

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

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

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 plaint

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 st

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 se called. See Wheeler v. Carte

In old English law. A certain duty paid for every tierce of wine.

A small circumstance attending an act may change the law.

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. Cor

To alter; to change in incidental or subordinate features. See Modification.

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."

In old English law. A quantity of ground containing in length and breadth 100 feet.

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 inv

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 d

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 con

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.

A modus (prescription) not to pay tithes is void. Lofft, 427; Cro. Eliz. 511; 2 Share. BL Comm. 3L

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 pub

A valid manner.

Custom gives law to the glft. Co. Litt. 19; Broom, Max. 459.

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. Comm. 349.

The manner of holding; i. 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. v.

L. Fr. Movable. Biens moebles, movable goods. Britt, c. 11.

The secret killing of another; murder. 4 QL Comm. 194.

In Hindu law. Separated; partlcuiarized; 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

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 Credit at a high pr

A gold coin of Portugal, valued at twenty-seven English shlllings.

The half of anything. Joint tenants are said to hold by moieties. Litt 125; 3 C. B. 274, 283. —Moiety acts. A name sometimes applied to penal and criminal statutes which provide th

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.

In old records. A mill.

A grist; a certain quantity of corn sent to a mill to be ground.

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 sh

The toll or multure paid for grinding corn at a mill. Jacob. —Molitura libera. Free grinding; a liberty to bave a mill without paying tolls to the lord. Jacob.

Free grinding; a liberty to bave a mill without paying tolls to the lord. Jacob.

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 d

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 Con

In the civll 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 th

The sinte of monks.

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 I

A monastery; a church. Spelman.

A book giving an account of monasteries, convents, and religious houses.

Lat. Money, (q. v.) Moueta est justum medium et mensura rerum commutabilium, nam per medium monefæ fit omnium rernm conveniens et justa æstimatio. Dav. Ir. K. B. 18. Money is the j

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 refra

The right of coming money is comprehended among those royal prerogatives which are never relinquished by the royal scepter. Dav. Ir. K. B. 18.

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

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 wh

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 payab

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 passed upon a

This term has a mpre 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

See Corporation. As to money "Broker," "Count," "Judgment," and "Scrivener," see thosfe titles.

In pleading. The technical designation of a form of declaration in assumpsit, wherein the plaintiff declares that the defendant had and received certain money, etc.

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. Fuller v. Aylesworth, 75 Fed. 694

A phrase descriptive of money which is held upsn a trust to convert it into land.

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.

The return made by a sheriff to a writ of execution, signifying that he has collected the sum of money required by the writj

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 provincialis

See Monet.

One of the post-offices authorized to draw or pay money orders.

In pleading. The technical name of a declaration in assumpsit, in which the plaintiff declares for money paid for the use of the defendant.

A money broker. The name was also formerly applied in England1 to a person (generally an attorney or solicitor) whose business was to find investments for the money of his clients,

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.