A Law Dictionary and Glossary

I fr. In old English tions, particularly in Misera est servitns, ubi It is a wretched state certain [unknown]. Miserabile deposituin, posit; one made suc^ as insurrection,

I. Have mercy first verse of which Minns satis: insufficient Minns sufflciens in in point of learning. solntum intelli^itur etiam si niliil esset considered less paid \i. e. not pa

A misdeed or trespass; the improper doing of wiiat if done properly would be lawful.

Improper joinder; the improper union of parties in an action, or of causes of action.

In Saxon and old English law. An unjust or irregular summoning to court; to speak unsteadily in court.

In old English law. The being quit of amercements for plaints not regularly and properly preferred.

The using of one name for another; a misnaming.

Error in pleading; informal pleading, as pleading not guilty instead of nil debet to an action of debt

Neglect; oversight; mistake; neglect or light account made of a crime; omission to reveal a crime. It is a negative misprision where it is a mere concealment of what oughf to be re

Error in the recital of an instrument.

A false or erroneous representation.

A vessel not arrived when, computed from the day of sailing, the time that has elapsed exceeds the average duration of similar voyages at the same season of the year.

L In the civil law. A sending or putting. Missio in bona: a putting of the creditor in possession of the debtor's property. Missio judieam in consilium: a sending out of the judice

In Scots law. Writings passed between parties as evidence of a transaction.

In equity, some unintentional act, or omission or error, arising from ignorance, surprise, imposition or misplaced confidence. Mistake of fact: the result of ignorance of some fact

1. 1. A trade or occupation; a mystery.

A false or erroneous trial, as in a wrong county.

Abuse of an office or franchisa

I. I. The milder or more favorable sense. Mitiori sensu: in the milder or more favorable sense. It was the old rule to construe slanderous words in the mildest sense; but now other

I. The more mildly one commands, ]ll!itter, ?./r./n old English Jaw. To put; to suppose. Mitter ayant: to put before; to present before a court; to produce in court. Mitter )e droi

I. fr. Let us suppose; put the case; admit

Of several kinds, characters, species, etc. Mixed action: an action partaking of the nature both of a real and a personal action; an action wherein some real property is demanded,

I. In old English law. Mixed authority, a kind of civil power, — a term applied to the power of certain subordinate civil magistrates, as distinct from jurisdiction.

In Scots law. The service of a man or vassal; a bond by which a person, In order to secure the protection of some powerful lord, bound himself to certain services.

sc In Scots law. The offense of setting flre to a muir or moor.

2. In the civil law. A pecuniary punishment; a fine or mulct Mulcta damnum famse non irrogat: a mulct does not involve loss of character.

I. I. In old English law. A bishop's fine; a fine given to the king that a bishop might have power to make his ■will, eta

1. 1 In old English law. A murderer. Murdritores: murderers. and not proved to be English, and the slayer was unknown. Mnrdra omnia coiidono: I forgive or remit all murders.

I I. In old English law. Wall-work; the service of building or repairing the walls of a city or castle, commuted into a money payment called murage.

I. In the civil law. Change of name.

I. To borrow. Mutnatns: a borrowing.

I. Movables; movable things; otherwise called res mobiles. Mobilia non liabet sitnm: movables have no situs. Mobilia personam sequuntur, immobilia sitnm: movable things follow the

1. 1. In old English law. Having the character of a modus; qualified; enlarged or restricted.

In the patent law, a copy or imitation of the thing intended to be represented. Moderamen incnlpata) tatelse, I. In the Roman law. The regulation of justifiable defense, — •' a ter

I. I. In manner and form; words used in the old forms of traverse, and literally translated in the modern precedents, importing that.the pleader denies the allegation of the other

I. Manner; mode; the manner in which an agreement shall be made, in which land shall pass or shall be held. Modns et conventio vlncunt legem: the form of the agreement and the cons

I. I. In the civil law. A kind of contract of sale designed as a cover for usury.

A half; one of two equal parts.

I. With gentle hand. Molliter manus imposnit: he gently laid hands upon; formal words in old pleas in actions of trespass and assualt, where a defendant justified; the name of the

multura, I. I. In old English laiv. A toll paid for grinding; a multure; a grist or sack of corn brought to the mill to be ground.

I. I In old English law. Momentary.

I. In the civil law. An instant; an indivisible portion of time; a portion of time that might be measured, a division or subdivision of an hour, answering in some degree to the mod

I. In civil and old English law. Money. In Domesday the form is moneia.

I. I. Money clipped or diminished in value.

I. I. In old English law. To coin money. Monetandi jns comprehenditur in regalibus quso nnnquam a regio sceptro abdicantnr: the right of coining money is comprehended among those r

The lawful circulating medium of a country; strictly and technically, coin, usually gold and silver, stamped by government to indicate its value; more broadly, any currency, whethe

A process in the nature of a summons, issued, as in the admiralty and in ecclesiastical courts, by courts which proceed according to the civil law. The monition in the admiralty is

gr.-l. The sole power, right or privilege of sale; monopoly; a monopoly. Monopolium dicitur, cum unus solus aliquod genus mercaturse uuiversum emit, pretium ad suum libitum statueu

The exclusive privilege of soiling any commodity; an exclusive right or privilege.

I. fr. In English law. A showing. Moustrans de droit: a showing or manifestation of right; one of the common-law methods of obtaining restitution from the crown of either real or p

A divisiop of a year, being either a lunar month, consisting of twenty-eight days or four weeks, or a calendar month, consisting of from twenty-eight to thirty-one days. At common

mooimentum, 1. 1. In the civil and common law. A monument; a memorial; a chronicle or record. Monnmenta quse nos recorda vocamus sunt veritatis et vetustatis vestigia: the memorial

To argue; to argue by way of exercise; to argue a fictitious case in form of law; to agitate a point by argument, without determining it; to raise a question for argument.

Subject to argument; unsettled; undecided.

In English law. An argument of causes by way of exercise; an argument of fictitious causes, with formalities resembling those of a court. Moot court: a court held for the arguing o

I In the civil law. Delay; default; neglect; culpable delay or default; delay in fulfilling an obligation, as in the payment of money. Mora reprobatnr in lege: delay is reprobated

That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Moral consideration: the duty in morals to perform an obli

I. For the purpose of postponing payment

I In old English law. To delay; to pause or rest Moratur in lege: (he) rests or pauses in law; (he) demurs.

I. In old Englvah law. In husband-like manner.

Qualifying words which obviate liability for any slight excess or deficiency in measure, number or weight

A marriage between a woman and a man of superior rank, in which it is stipulated that neither she nor her children shall enjoy the rank or inherit the possessions of her husband.

morgengeba, 1. 1. In old European law. A gift made to a wife on the morning of the nuptial day; a species of dower.

mourir, I, fr. To die. Morant, moarant: dying.

I. Death. Mors dicitur ultimum supplicinm: death is called the last punishment, the extremity of punishment Mors omnia solvi: death dissolves all things.

fr. Death. Mort d' ancestor: v. Assise.

Mortntim vadium, I. A dead or unproductive pledge; a conveyance of lands, chattels or other subjects of property as a security for a debt, upon a condition that if the sum due be p

The person to whom a mortgage is made or given.

The person who gives a mortgagq.

L By reason or in contemplation of deatlt v. Causa; Donatio.

I. fr. A dead hand; a condition of property in which it is held without the power of change or alienation; a term originally

I. I. In old English law. A mortuary.

In English law. A customary gift claimed by and due to the minister in many parishes, on the death of his parishioners; a sort of ecclesiastical heriot.

1 1. In old English law. A dead pledge; a mart gage, or mortgage. Mortnum Tadium dicitur illud cujns fructus Tel reditus interim percepti in nu Uo se acquietant: that is called a d

I. Dead; a return by a sheriff that the party named in the process is dead. Mortuus exitus non est exitus: a dead issue is no issue; a child born dead is not considered as issue.

I. Custom instead of law.

sax. In Saxon law. A court; a meeting or assembly.

Instance; will; desire; an application made to the judge or judges of a court, viva voce, in open court, for the purpose of obtaining a rule or order directing some act to be done

Inducement; incentive to action; that which moves or influences the mind or will; an unlawful desire or emotion, awakened by the perception or contemplation of some external object

pi monstrarerunt, I, In old English law. He has showed; a writ for the relief of tenants in ancient demesne who were distrained for duties or services in violation of their liberti

Things movable; movable or personal chattels, which may be annexed to, or attendant on the person of the owner. In the civil law. Inanimate things, animals being distinguished as t

1. In old English 1<jlw. Moving things.

1. To move; to set in motion; to originate or commence. Movere litem: to commence a suit

moien, I. fr. Mean; intermediate.

sax. In Saxon law. A man.

A pecuniary punishment; a flna

1. I. In old English and Scots law. A lawful son; the son of a mulier, or lawful wife; a wife or married woman. Mulier puisne: a younger lawful son. In the civil law. A marriageabl

In equity pleading, the improper joining in one bill of distinct and independent matters, thereby confounding them, as, of several matters against one defendant, or several matters

In Scots law. Double poinding; double distress; an action resembling a bill of interpleader.

I Manifold. Multiplex [et] indistinctum parit confnsionem; et questiones [quo] simpliciores eo lucidiores: that which is manifold and without distinction begets confusion; and the

A state of being many; that quality of a pleading which involves a variety of matters; a multiplying or increasing.

L fr. and eng. In old English law. An assembly of persons for some unlawful purpose, — defined by some of the old writers to consist of ten or more, but by others regarded as no fi

In old English law. A grinding of grain at a mill; the grain ground; the toll or fee due for grinding. In Scots law. A duty paid for grinding in a mill; a quantity of grain payable

mundbyrd, sax. In Saxon and old European law. A pledge or security for protection.

A division of a state for purposes of government, as a city, town or county; the ofi Bcers of a city considered collectively.

I. In Roman law. A foreign town to which the freedom of the city of Rome was granted and whose inhabitants had the privilege of ofl Bces and honors; a free or privileged town.

Means of supporting or defending; the evidences or writings by which one is enabled to defend the title of his estate; title deeds and papers. Muniment house: a place for the safe

I. In the civil law. A gift or present; a charge or duty; an ofl Sce. In feudal law. A feudal estate, in its original character of a mere gratuitous donation; the name first given

I. fr. and eng. In old English law. A toll levied for the building or repairing of public walls.

The killing of one human being by another, with malice aforethought, express or implied. Murder, murdered: necessary words in indictments for murder, as murdrum and murdravit were