The Cyclopedic Law Dictionary

In Scotch practice. Writings passed between parties as evidence of a transaction. Bell, Diet. MISSTAICUS (Lat.) In old records. A messenger.

An erroneous conception, conviction, or belief in respect to matter of either fact or law, arising from ignorance, surprise, imposition, or misplaced confidence. See Story, Eq. Jur

Mistake of fact has been defined to be a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in an unconscious ignorance

An erroneous conclusion as to the legal effect of known facts. 151 111. 223.

An old form of mystery (q. V.)

The style of the wife of an esquire or gentleman.

A trial which Is erroneous on account of some defect in the persons trying, as if the jury come from the wrong county, or because there was no issue formed, as if no plea be entere

An unlawful use of a right. In cases of public offices and franchises, a misuser is sufiicient to cause the right to be forfeited. 2 Bl. Comm. 153; 5 Pick. (Mass.) 163.

Reduction; diminution; lessening of the amount of a penalty or punishment. Circumstances which do not amount to a justification or excuse of the act committed may yet be properly c

See "In Mltlorl Sensu." MITIUS IMPERANTI MELIUS PAREtur. The more mildly one commands, the better is he obeyed. 3 Inst. 24. MITTENDO MANUSCRIPTUM PEDIS finis. An abolished judicial

In Old English Law. A writ inclosing a record sent to be tried in a county palatine. It derives its name from the Latin word mittimus, "we send." It is the jury process of these co

In practice. An action partaking of the nature both of a real and of a personal action, by which real property is demanded, and also damages for a wrong sustained. An ejectment is

In civil law. A contract in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; as, a legacy charged

A government established with some of the powers of a monarchical, aristocratical, and democratical government. Also a jury composed partly of negroes and partly of white men.

Compound larceny. See "Larceny."

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

Presumptions partaking of the nature both of presumptions of law and presumptions of fact; i. e., presumptions of fact recognized by law.

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

Such 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

In ecclesiastical law. "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

A mixed war is one which is made on one side by public authority, and on the other by mere private persons. 1 Hill (N. Y.) 377, 416.

The putting of different goods or chattels together in such a manner that they can no longer be separated; as, putting the wines of two different persons into the same barrel, the

An unorganized assemblage of many persons bent on unlawful violence; a riot involving a multitude. Abbott.

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

See "Movables."

Movaables have no situs. 4 Johns Ch. (N. Y.) 472. MOBILIA PERSONAM SEQUUNTUR; immobilia situm. Movable things follow the person; immovable, their locality. Story, Confl. Laws (3d E

Movables follow the person. Story, Confl. Laws (3d Ed.) 638, 639; Broom, Leg. Max. (3d London Ed.) 462.

(L. Lat. from modus). In old English law. Having the character of a modus; qualified; enlarged or restricted. MODERAMEN INCULPATAE TUTELAE (Lat.) In Roman law. The regulation of ju

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

In pleading. The name of a plea in trespass by which the defendant justifies an assault and battery, because he moderately corrected the plaintiff, whom he had a right to correct.

A person appointed to officer of town meetings in New England Is so called. MODICA CIRCUMSTANTIA FACTI JUS mutat. A small circumstance attending an act may change the law. MODIUS (

In Civil Law. Manner; means; way. Ainsworth. A rhythmic song. Du Cange. In Old Conveyancing. Manner; e. g., the manner in which an estate should be held, etc. A qualification, whet

In ecclesiastical law. A peculiar manner of tithing, arising from immemorial usage, and differing from the payment of one-tenth of the annual increase. To be a good modus, the cust

In ecclesiastical law. A custom or prescription not to pay tithes, which is not good, except in case of abbey lands. 2 Bl. Comm. 31, note. MODUS DE NON DECIMANDO NON VAlet. A modus

A good or valid manner.

The manner gives law to a gift. Co. Litt. 19a; Broom, Leg. Max. (3d London Ed.) 615.

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.

In international law. An agreement between nations not rising to the dignity of a treaty, regulating their conduct in respect to a particular matter. Ordinarily applied to agreemen

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

In French law. The name of a fraudulent contract made to cover a usurious loan of money. It takes place when an individual buys merchandise from another on a credit at a high price

The half of anything; as, if a testator bequeath one moiety of liis estate to A., and the other to B., each shall take an equal part. Joint tenants are said to hold by moieties. Li

In Scotch law. The name of an action competent to the proprietor of a landed estate against those who disturb his possession. It is chiefly used in questions of commonty, or of con

Toll paid for grinding at a mill; multure. Not used.

Free grinding; a liberty to have a mill without paying tolls to the lord. Jacob. In Pleading. Technical words in a plea in justification of a trespass to the person, that defendant

The laws of Dunvallo Molmutius, 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 until the Co

In the civil law. An Instant; an indivisible portion of time. Calv. Lex. A portion of time that might be measured, a division or subdivision of an hour, answering in some degree to

That government which is ruled, really or theoretically, by one man, who is wholly set apart from all other members of the state.

A representative of value, established by law, and made a legal tender in the payment of debts. 65 N. C. 415. In a strict sense, gold and silver coin. Const. U. S. art. 1, §§ 8, 10

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

In pleading. The common counts in an action of assumpsit. They are so called because they are founded on express or implied promises to pay money in consideration of a precedent de

A demand which Is certain beforehand, or ascertainable by calculation.

In New York law corporations formed under or subject' to the banking or insurance law, and they include every corporation having banking powers, or having the power to make loans u

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. An action of

One which requires the payment of money, as disting-

In pleading. The technical name of a declaration in an action ot assumpsit ioj; that the defendant promised to pay the plaintiff for money lent. To recover, the plaintiff must prov

The return on execution that the amount has been collected thereon.

In French law. Earnest money. So called because given at parting, in completion of the bargain. Poth. Sale, 507. Arrhes is the usual French word for earnest money; "money of adieu"

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

or MONEYER (Law Lat. monetarius). In old English law. A minister of the mint, who made and coined the king's money. There were several of these moniers or workmen; "some to shear t

In ecclesiastical law. The process of an official, a bishop, or other prelate having jurisdiction, issued to compel, by ecclesiastical censures, those who know of a crime, or other

A government by one person only.

A monarch who governs alone; an absolute governor.

The state of having only one husband or one wife at a time. A marriage contracted between one man and one woman, in exclusion of all the rest of mankind. The term is used in opposi

A character or cipher composed of one or more letters interwoven, being an abbreviation of a name. A signature made by monogram would perhaps be binding provided it could be There

Single combat.

In medical jurisprudence. Insanity only upon a particular subject, and with a single delusion of the mind. The most simple form of this disorder is that in which the patient has im

Persons who are insane upon some one or more subjects, and apparently sane upon all others. 2 Redf. Sur. (N. Y.) 34, 37.

CUM UNUS SOlus aliquod genus mercaturae unlversum emit, pretium ad suum libitum statuens. It is said to be a monopoly when one person alone buys up the whole of one kind of commodi

An animal which has a conformation contrary to the order of nature. 2 Dungl. Hum. Phys. 422. A monster, although born of a woman in lawful wedlock, cannot inherit. Those who have,

WRIT OF. In English law. A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, acc

or MONTS DE PIete. Institutions established by public authority for lendii;ig money upon pledge of goods. In these establishments a fund is provided, with suitable warehouses, and

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 the

In maritime law. The securing of a vessel by a hawser or chain, or otherwise, to the shore, or to the bottom by a cable and anchor. The being "moored in safety," under a -policy of

A court where moot questions are argued. Webster. In law schools this is one of the methods of instruction. An undecided point of law is argued by students appointed as counsel on

Hill of meeting (gemot), on which the Britons used to hold their courts, the judge sitting on the eminence, the parties, etc., on an elevated platform below. Enc. Lond.

One of those who used to argue the reader's cases in the inns of court. MORA (Lat.) In the civil law. Delay; default; neglect; culpable delay or default. Calv. Lex.

This expression has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. 118 Mass. 23. That degree o

Moral duress consists in imposition, oppression, undue, influence, or the taking of undue advantage of the business or financial stress or extreme necessities or weakness of anothe

Fraud involving actual turpitude, as distinguished from mere constructive fraud.

A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill.,These obligations are of two kinds: (1) Those founded on a natural right; as, th

Delay is disapproved of in law. Jenk. Cent. Cas. 51.

Words, in a conveyance of lands or contract to convey lands, importing that the quantity is uncertain and not warranted, and that no right of either party under the contract shall

A lawful and inseparable conjunction of a single man of noble and illustrious birth with a single woman of an inferior or plebeian station, upon this condition, that neither the wi

or MORGENGEBA (Law Lat.; Lomb. morgingap; Saxon, morgan gyfe; from morgin, morning, and gab, a gift). In old European law. A gift made to a wife on the morning of the nuptial day;

Death dissolves all things.

The word "mortality" may, under certain circumstances, include every description of death, every termination of life to which mortals are subject. It applies generally, however, to

In French law. Civil death, as upon conviction for felony. It was nominally abolished by a law of the 31st of May, 1854, but something very similar to it, in effect, at least, stil

An ancient and now almost obsolete remedy in the English law. An assize of m,ort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger a

The conveyance of an estate or property by way of pledge for the security of debt, and to become void on payment of it. 4 Kent, Comm. 136. An estate created by a conveyance absolut

He to whom a mortgage Is made. See "Mortgage."

A conveyance of goods in gage, or mortgage, by which the whole legal title passes conditionally to the mortgagee; and if the goods are not- redeemed at the time stipulated, the tit

He who makes a mortgage. See "Mortgage." MORTH (Saxon). Murder, answering exactly to the French "assassinat" or "meurtre de guet-apens."

A murderer. Cowell.

Murder. Cowell.

In Scotch law. A term nearly synonymous with "mortmain." MORTIS CAUSA (Lat.) By reason of death; in contemplation of death. Thus used in the phrase, donatio mortis causa (?• ■"•) M

Mortmain, so called by resemblance to a man in his last moments, who holds whatever he takes in his hand mortuo manu, that is, so fast that he never quits it until he is dead. Plow

These acts hadfor their object to prevent lands getting into mortua manu. After numerous prior acts dating from the reign of Edward I., it was enacted by St. 9 Geo. II. c. 36 (call