The Cyclopedic Law Dictionary

Matter of truth or falsity of which is determined by the established rules of law or reasoning based on them. 70 N. C. 167.

Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty. See "Record."

See "Substance." MATTERS OF SUBSISTENCE FOR man. Comprehends all articles or things, whether animal or vegetable, living or dead, which are used for food, and whether they are cons

The time when a bill or note becomes due.

(L. Fr.) In old English law. To command; to return (a writ). Stat. Westm. 1, c. 45.

Maimed. This Is a term of art which cannot be supplied in pleadings by any other word, as m Mtilavit, truncavit, etc. 3 Thomas, Co. Litt. 548; 7 Mass. 247. MAYNOVER (from Fr. mayn,

An established principle or proposition; a principle of law universally admitted, as being just and consonant with reason. The wisdom of many, but the wit of one. Maxims in law are

VIS et Injuria. The greatest enemies to peace are force and wrong. Co. Litt. 161. MAXIMUS ERRORIS POPULUS MAGISter. The people is the greatest master of error.

See also "Shall." Construction in General. That "may" always means "must" is a misconception, 44 Ch. D. 270. It is ordinarily permissive, 52 N. Y. 96; 107 Mass. 196. It gives a pow

In criminal law. The act of unlawfully and 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

(Lat. major; meyr, miret, or maer, one that keeps guard; old English, maier, potestas, power or authority, 25 Wend. [N. Y.] 50.) The chief governor or executive magistrate of a cit

The oface or dignity of a mayor.

In Spanish law. A species of entail known to Spanish law. 1 White, New Recop. 119. The right to the enjoyment of certain aggregate property, left with the condition therein imposed

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

A rent formerly paid in meal.

See "Mesne."

To wind, as a river or stream. Webster. The winding or bend of a stream. To survey a stream according to its meanders or windings. Rev. St. Wis. c. 34, § 1; 2 Wis. 317.

A line designed to point out the sinuosities of the bank or shore, and a means of ascertaining the quantity of land in the fraction which is to be paid for by the purchaser. 241 11

or MESE (Norman French). A house. Litt. §§ 74, 251.

A means or standard for computing amount; a certain quantity of something, taken for a unit, and which expresses a relation with other quantities of the same thing.

In practice. The rules by which the damage sustained is to be estimated or measured; the quantum of damage allowed by law.

A statutory lien in favor of persons who have performed labor or furnished material for the erection or repair of any building, upon the building and the land on which it is situat

In old English law. A bribe or reward; a compensation given in exchange where the things exchanged were not of equal value. Cowell.

In Spanish law. Halfyearly profits of land. 5 Tex. 34, 79.

Midnight. MEDIAE ET INFIRMAE MANUS HOMInes. Men of a middle and base condition. Blount.

See Immediate Descent.

Those incident to primary powers, given by a principal to his agent. For example, the general authority given to collect, receive, and pay debts due by or to the principal is a pri

Secondary evidence (g. v.).

The act of some mutual friend of two contending parties, who brings them to agree, compromise, or settle their disputes. Vattel, Dr. des Gens, liv. 2, c. 18, § 328.

One who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences. Sometimes this term is applied to an officer

In English law. Six persons authorized by statute (27 Edw. III. St. 2, c. 24), who, upon any question arising among merchants relating to unmerchantable wool, or undue packing, etc

Testimony given by physicians or surgeons in their professional capacity as experts, or derived from the statements of writers of medical or surgical works. This kind of evidence w

The art of understanding diseases and curing or relieving them when possible. It is that branch of physic which relates to the healing of diseases. It is not restricted to any part

A box containing an assortment of medicines. Statutory provisions in the United States require all vessels above a certain size to keep a medicine chest. 1 Story, U. S. Laws, 106;

In old practice. 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.

A judicial writ to distrain a lord for the acquitting of a mesne lord from a rent, which he had acknowledged in court not to belong to him. Reg. Jur. 129.

In Scotch law. Contemplation of flight; intention to abscond. 2 Karnes, Eq. 14, 15.

In old English law. Meantime; mesne profits. Cowell.

(Lat.) In old English law; mean, intermediate; between two; a mesne; an intermediate lord; a tenant having a mesne between himself and the chief lord. Stat. Westm. 2, c. 6.

In old English law. A mixing together; a medley or melee; an aflfray or sudden encounter; an offense suddenly committed in an affray. The English word "medley" is preserved in the

An affray; a sudden or casual fighting; a hand to hand battle; a melee. See "Chance Medley;" "Chaud Medley.

In old English law. A bribe; hush money.

The word meeting implies a concurrence, or coming face to face of at least two persons. 46 L. J. Q. B. 104; W. N. (77) 223; 2 Q. B. D. 26; 25 W. R. 66; 36 L. T. 188. There is speak

A recompense lor the murder of a relative.

Lesser age; minority.

In Spanish law. Preferred; advanced. White, New Recop. lib. 3, tit. 10, c. 1, § 4.

In medical jurisprudence. A name given by the ancients to a species of partial intellectual mania, now more generally known by the name of "monomania." It bore this name because it

In Scotch law. Improvements of an estate, other than mere repairs; betterments. 1 Bell, Comm. 73. MELIOREM CONDITIONEM ECCLESIAE suae facere potest praelatus, deteriorem nequaquam.

The cause of the possessor is preferable. Dig. 50. 17. 126. 2. MELIOR EST CONDITIO DEFENDENTis. The cause of the defendant is the better. Broom, Leg. Max. (3d London Ed.) 639, 642;

ubi neuter jus habet. Better is the condition of the possessor where neither of the two has a right. Jenk. Cent. Cas. 118. which justly prevents a crime is better than that which s

ENS QUAM jus incertum. Law that is deficient is better than law that is uncertain. Lofft, 395. MELIUS EST OMNIA MALA PATI quam consentire. It is better to suffer every wi;ong or il

(L. Fr.) To mix or blend; to meddle with; to interfere or Interpose. Kelham.

A limb of the body useful in self-defense. Membr^m, est pars corporis habens destinatum operationem in corpore. Co. Litt. 126a. An individual who belongs to a firm, partnership, co

A member of the senate or house of representatives of the United States.

In English law. Places where a custom house has been kept of old tation or importation. 1 Chit. Com. Law, 726. MEMBRANA (Lat.) In civil and old English law. Parchment; a skin of pa

It is not unusual among merchants, when one makes a temporary loan to another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed

In a policy of marine insurance, -the memorandum clause is a clause inserted to prevent the underwriters from being liable for injury to goods of a peculiarly perishable nature, an

Forwas not new or not useful, the whole patent was bad, and the same rule applied when a material part of a patent for a single invention had either of those defects. To remedy thi

A document by the registration of which a company is formed under the English companies act of 1862.

A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a "petition." MEMORITER (Lat

Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary. Memory is sometimes employed to express the capacity of the understandi

TIME OF. According to the English common law, which has been altered by 2 & 3 Wm. IV. c. 71, the time of memory commenced from the reign of Richard I., A. D. 1189. 2 Bl. Comm. 31.

A threat; a declaration of an intention to cause evil to happen to another. When menaces to do an injury to another have been made, the party making inconvenience or loss, the inju

This term is applied to servants who live under their master's roof. See St. 2 Hen. IV. c. 21. MENS (Lat.) Mind.

"See Straw Men.'"

See "Divorce."

The intent of the legislators. MENS REA (Lat.) A guilty mind. MENS TESTATORIS IN TESTAMENTIS spectanda est. In wills, the intention ot the testator is to be regarded. Jenk. Cent. C

In the civil law. A surveyor.

In the civil law. A money changer.

A measure.

"The measure of our lord the king." The standard of weights and measures, established under King Richard I., 1197. 1 Bl. Comm. 275.

Lack of sufficient mind and memory on the part of a grantor or testator to comprehend the nature and character of the transaction in which he was engaged. 230 111. 586; 93 111. 516

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

A mental emotion arising from a physical injury; any mental anguish cannected with bodily injury. Braun v. Craven, 175 111. 408; Tomasi V. Donk Bros. Coal Co., 257 111. 75. MENTIR'

The act of lying; a falsehood.

Midnight.

Merchandisa, Mereandisia. _ L. Lat. In old English law. Merchandise; all goods and wares exposed to sale in fairs or markets. Brae, fol. 67.

Having to do with or engaged in trade, or the buying and selling of commodities; pertaining to the business of merchants; concerned with trade or the buying and selling of commodit

That branch of law_ which defines and enforces the rights, duties, and liabilities arising out of mercantile transactions and relations. See "Law Merchant,"

Commercial paper (q. V.)

One formed for trading purposes.

A market. An old form of the latter word common in Scotch law, formed from the Latin mereatum.

Belonging to trade. MERCATUM (Lat.) A market. Du Cange. A contract of sale. Id. Supplies for an army {commeatus). Id. See Bracton, 56; Fleta, lib. 4, c. 28, §§ 13, 14.

A mercenary. MERGES (Lat.) In civil law. Reward of labor in money or other things. As distinguished from pensis, it means the rent of farms (praedia rustid). Calv. Lex. MERCHANDISE

The law of the Mercians. One of the three principal systems of laws which prevailed in England about the beginning of the eleventh century. It was observed in many of the midland c

A merchantable title must be good beyond a reasonable doubt, and this must appear from the abstract itself. That the title may, in fact, be good, or that it may be made good is ins

English statutes for the amelioration of the condition of seamen on merchant vessels, and the general improvement of shipping, and vesting a control of merchant shipping in the boa

Marcheta (q. v.)

An amerciament.

In old records. The impost of England upon merchandise. Cowell. MERCIS APPELLATIO AD RES MOBILes tantum pertinet. The term "merchandise" belongs to movable things only. Dig. 50. 16

(Law Lat. [from L. Fr. meresme, mereme.]) In old English and Scotch law. Timber.

See "Ex Mero Motu."

An abstract right of

A boundary stone.

Illicit, as applied to sexual relations.

The absorption of a thing of lesser importance by a greater, whereby the lesser ceases to exist, but the greater is not increased. There appears to be a distinction recognized by m

Noon. practice and matters resting in the diaoietion of the court. 4 How. Pr. (N. Y.) 839! Id. 432; 2 Daly (N. Y.) 208. A cause of action or defense on the merits is one resting on

AFFIDAVIT OF. See "Affidavit of Merits."

See "Ex Mere Motu."