A Law Dictionary, Adapted to the Constitution and Laws of the United States

pleadings. This is a technical word necessary to be introduced into all indictments for mayhem; the words “ feloniously did maim,” must of necessity be inserted because no other wo

crim. law, the thing stolen found in the hands of the thief who has stolen it; hence when a man is found with property which he has stolen, he is said to be taken with the mainour,

Capable of being bailed; one for whom bail may be taken; bailable.

Engl. law, is the taking a man into friendly custody, who might otherwise be committed signed. Wood’s Inst. B. 4, c. 4; vide Mainpernors; Writ of Muainprise; and15 Vin. Ab. 146; 3

pleadings. This i8 a technical word, indispensable in an indictment for maintenance, which no other word or circumlocution will supply. 1 Wils. 325.

crim. law. Those who maintain or support a cause depending between others, not being retained as counsel or attorney. For this they may be fined and imprisoned. 2 Swift’s Dig. 328;

crimes, is a malicious, or at least, officious interference in a suit in which the offender has no interest, to assist one of the parties to it against the other, with money or adv

quast contracts, is the support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his children

House of God. In England this term, which is borrowed from the French, signified formerly a hospital, an almshouse, a monastery. 39 Eliz. c. 5.

persons. One who has attained his full age, and has acquired all his civil rights; one who is no longer a minor; an adult.

in military language. The lowest of the staff officers; a degree higher than captain.

persons. The state or condition of a person who has arrived at fullage. He is then said to be major, in opposition to minor,

Of the masculine sex; of the scx that begets young; the sex opposed to the female. Vide Gender; Man; Sex; Worthiest of blood.

Eccles. law. A curse which was anciently annexed to donations of lands made to against those who should -violate their rights.

contracts, torts, is the unjust performance of some act which the party had no right, or which he had contracted not todo. It differs from misfeas-' ance, (q. v.) and nonfeasance,

pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the ind

_ Evilin itself. An offence malum in se is one which is naturally evil, as murder, theft, and the like; offences at common law are generally mala in se. An offence malum prohibitum

Il-will. In some ancient records this word sig-

French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruption, exactions, extortions, and larceny. Merl. Répert. h. t.

is a human being. This definition includes not only the adult male sex of the human species, but women and children: examp'es; “of offences against man, some are more immediately a

tn contracts, is the person who undertakes to performa mandate. Jones’s Bailm. 53; Story on Bailm. § 138. Dr. Halifax calls him mandatee. Halif. Anal. Civ. Law, 70, §§ 16, 17.

in practice, is a judicial command or precept issued by a court or magistrate directing the proper officer to enforce a judgment, sentence or decree. Jones’s Bailm. 52; Story on Ba

contracts, is the person employing another to perform a mandate. Story on Bailm. § 138; 1 Brown, Civ. Law, 382; Halif. Anal. Civ. Law, 70.

An ancient word which signifies goods taken in the hands of an apprehended thief.

This term is synonymous with house, (q. v.) 1 Chit. Pr. 167; 2 T. R. 502; 1 Tho. Co. Litt. 215, n. 35; 9 B. & C. 681; S.C. 17 E. C. L. R. 472, and the cases there cited; Com. Dig.

crim. law, is the unlawful killing of another without malice either express or implied. 4 BI. Com. 190; 1 Hale, P. C. 466; the distinctions between manslaughter and murder consist

This word igs sometimes used synonymously with kidnapping. The latter is more technical. 4 Bl. Com. 219.

signifies what is employed or used by the hand, of which @ present profit may be made. Things in the manual occupation of the owner cannot be distrained for rent. Vide Tools.

practice. In the English law it ts a writ which lies for a man taken on suspicion of felony and the like, who cannot be admitted to bail by the sheriff, or others having power to l

The same as mainpernors, (q. v.)

With strong hand, (q. v-) This term is used in pleading in cases of forcible entry, and no other words are of equal import. Dane’s Ab. ch. 132, a. 6; ch. 203, a. 12.

sini: 18 the agreement by which the owner ment which contains this agreement is also called a manumission. In the civil law it was ditlerent from emancipation which, properly speak

This has the same meaning with mannopus, (q..);

anciently signified the person taking an oath as a compurgator. The use of this word probably came from the party laying his hand on the New Testament.

is one who while employed in the army as a soldier, commits a larceny or robbery in the neighbourhood of the camp, or while wandering away from the army. Merl. Repert. h. t.

Engl. law. This word signifies the limits, or confines, or borders. Bac. Law Tracts, tit. Jurisdiction of the Marches, p. 246. It was applied to the limits between England and Wale

Marshy ground overflowed by the sea or great rivers. Co. Lit. 5.

An, ancient word which signified a mariner or. seaman; in England marnnarius camtaneus, was the admiral or war-. den of the parts.

Whatever concerns the navigation of the sea, and forms the naval power of a nation is called its marine.

is one which relates to business done or transacted upon the sea and in sea ports, and over which the courts of admiralty have jurisdiction concuring to civilians and jurists among

contracts, is a compensation paid for the use and risk of money loaned on respondentia and bottomry. Provided the money be Joaned and put in risk, there is no limit as to the amoun

Vide Seamer; Shipping articles.

Anciently that portion which was given with a daughter in marriage. During the existence of the fendal law, it was the right which the lord of the fee had, under certain tenures, t

This term has several acceptations. 1. It is a sign traced on paper or parchment, which stands in the place of a signature, usually made by persons who cannot write. —2. It is the

comm. law, a denomination of money of Hamburg. It is to be computed in the ad valo-« rem duty upon goods at thirty three and one-third cents. Act of March 2, 1799, s. 61, 1 Story’s

is a public place ap. pointed by public authority, where all sorts of things necessary for the subsistence, or for the conveniences of life are sold. Markets are generally regulate

Engl. law. Market overt is an open or public market; that is, a place appointed by law or custom for the sale of goods and chattels at stated times in public. In London every day e

PROMISE OF, Vide Promise of Marriage.

Vide Dowry.

English law. The name of a prison belonging to, the court of the‘king’s bench.

What belongs to the male sex. The masculine sometimes includes the feminine, vide an example under the article Man, and see also the articles Gender, Worthiest of blood; Poth. Intr

This word has several meanings. 1. Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to ful

To be permitted; to be at liberty; to have the power. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as shall.

crimes, isthe violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore t

officer. The chief or executive magistrate of a city who bears this title. It is generally his duty to cause the laws of the city to be enforced, and to superintend inferior office

is the name of a court usually established in cities, composed of a mayor, recorder and aldermen, generally having jurisdiction of offences committed within the city, and of other

This word is sometimes used for mesne, (q. v.)

A corruption of Maison de Dieu, (q. v.-) plies the principles and practice of} the different branches of medicine to the elucidation of doubtful questions in courts of justice. By

Engl. law, are defined to be places where a custom house has been kept of old time, exportation or importation. 1 Chit. Com. L. 726.

insurance, is a clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, “ N. B. Corn, fish, salt, fruit, flour and seed, are warranted free

is a petition or representation made by one or more individuals to a legislative body. When such instrument is addressed to a court, it is called a petition.

This term is applied to servants who live under their master’s roof. Vide stat. 2 H. 4, ec. 21.:

This comprehends all goods and necessaries for livelihood. Obsolete. 7

The phrase a mensa et thoro is applied to a divorce which separates the the husband and wife, but does not dissolve the marriage. Vide Diis understood all those things which mercha

pleading. which the defendant who his landlord in debt for lease, but by deed indented, he denies his landlord’s premises, that he has no the tenements. 2 Lill. Ab. Vin. Ab. 184; 1

An oath; as, qut dtcunt supra sacramentum suum.

is one whose business it is to buy and sell merchancise; this applies to all persons who habitually trade in merchandise. In another sense, it signifies a person who owns ships, an

is where a greater and lesser thing meet, and the latter loses its separate existence and sinks into the former. It is applied to estates, rights, crimes, and torts. cide and meet

crim. law. Whena man commits a great crime which includes a lesser, the latter is merged in the former. Murder, when committed by blows, necessarily includes an assault and battery

rights. Rights are said to be merged when the same person who is bound to pay is also entitled to receive. This is more properly called a confusion of rights, or extinguishment. Wh

torts, takes place where a person in committing a felony also commits a tort, against a private person; in this case, the wrong is sunk in the felony, at least until after the felo

The name of this country. The United States, now twenty-six in number, are Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Ken-,tucky, Louisiana, Maine, Maryl

property. This word is synonymous with dwellinghouse; and a grant of a messuage with the appurtenances, will not only pass a house, but all the buildings attached or belonging to i

Eng. law. In Saxon times, the great council of the nation bore this name, sometimes also called the wttena gemot, or as- 'sembly of wise men; in aftertimes, this assembly assumed t

One of the new states of the United States of America. This state was admitted into the Union by the act of congress of January 26th, 1837, Sharsw. cont. of Story’s L. U. 8. 2531,

contracts, is a person who is employed both by the seller and purchaser of goods, or by the purchaser alone, to receive them in his possession, for the purpose of doing something i

imed.jur. A woman who practices midwifery; a woman who pursues the business of an accoucheuse. A midwife is required to perform the business she undertakes with proper skill, and i

measure. A length of a thousand paces, or seventeen hundred and sixty yards, or five thousand two hundred and eighty feet. It contains eight furlongs, every furlong being forty pol

is a compensation allowed by law, to officers for their trouble and expenses in travelling on public business. The mileage allowed to members of congress, is eight dollars for ever

estates. Mills are so very different and various, that it is not easy to give a definition of the term. They are used for the purpose of grinding and pulverising grainand other mat

This term ‘means merely coined money, and it is not necessary that it should be marked or rolled on the edges. Rune ning’s case, Leach, 708.

eccles. law, is one the superintendence of the ofhcers ordained by some church to preach and persons employed therein, and the gospel. Ministers are authorised the general regulati

persons. One under the States of the operations of the mint, age of twenty-one years while in a ‘and its branches for the year prestate of infancy; one who has not.ceding. And also

in the English law, in aj writ of right which is intended to be tried by the grand assize, the issue is called the mise. pales awes Civ. Pl. 111. This word also signifies expenses,

mercy. An arbitrary or discretionary amercement. To be in mercy, is to be liable to such punishmment as the ’ Judge may in his discretion inflict. 'MISFEASANCE, torts, contracts, i

is to make an unlaw- it derives its name from the latin ful use of aright. In cases of public word mittimus, “ we send.” It is officers and corporations, a misuser the jury process

is that kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tombstones, monuments in a church, and title deeds to an estate are of this

The half of any thing. Joint tenants are said to hold by moieties. Lit. 125.

Toll paid for. grinding at a mill; multure. Not used. MOLITER MANUS IMPO-

goverament. That form of government in which the sovereign power is entrusted in the hands of a single magistrate. Toull. tit. prel. n. 30.

Gold, silver and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconveni

pleadings. The common counts in an action of assumpsit are so called, because they are founded on express or implied promises to pay money in consideration of a precedent debt; the

is a space of time variously computed, as it is applied to astronomical, civil or solar, or lunar months. The astronomical month contains one-twelfth part of the time employed by t

mar. law. The act of arriving of a ship or vessel at a particular port, and there being anchored or otherwise fastened to the shore. Policies of insurance frequently contain a prov

IN, civil term, in mora, ts used a party to a contract, to do any thing, has perform it, and is in on Bailm. § 123, Bailm. 70; Poth. Prét 2, § 2, art. 2, n. 60; mot Demeure; Mora.

estates. A or unprofitable ean heath. 1 Inst. 5; l. MORATUR IN demurs in law. He pleadings of the case, judgment of the court.

ancient and now remedy in the English assise of mort d’ancestor which was sued out the decease of a man’s stranger abated and estate. 1 Co. Litt.159. dy in such case is now ment.

estates, contracts, is he to whom a mortgage is made. He is entitled to the payment of the money secured to him by the mortgage; he has the legal estate in the land mortgaged, and

estates, contracts, is he who makes a mortgage. He has rights, and is liable to certain duties as such. 1. He is quasi tenant at will; he is entitled to an equity of redemption aft