Mercy

In practice. The arbitrament of the king or judge in punishing offenses not directly censured by law. Jacob. So, "to be in mercy" signifies to be amerced or fined for bringing or defending an unjust suit or to be liable to punishment in the discretion of the court.

In criminal law. The discretion of a judge, within the limits prescribed by positive law, to remit altogether the punishment to which a convicted person is liable, or to mitigate the severity of his sentenco; as when a jury recommends the prisoner to the mercy of the court

I. fr. and eng. In old English law. tion of the king, lord or judge, in rectly censured by law. v. Amerciament.

In practice. The arbitrament of the king or judge in punishing offenses not directly censured by law. Jacob. So, "to be in mercy" signifies to be amerced or fined for bringing or defending an unjust suit, or to be liable to punishment in the discretion of the court.

In criminal law. The discretion of a judge, within the limits prescribed by positive law, to remit altogether the punishment to which a convicted person is liable, or to mitigate the severity of his sentence; as when a jury recommends the prisoner to the mercy of the court.

8 Compassion; leniency; clemency. 1. At common law, the conclusion of a judgment for the plaintif Ewas that the defendant "be m mercy" (misericm-dia.\ that is, be fined for his delay of justice; and when the judgment was for the defendant, the 1 3 Kent, 3. ' 4 Bl. Com. 67; 1 id. 75, S73. ' Merchants' Bank v. State Bank, 10 Wall. 651 (1870), Swayne, J. < Woodbury v. Eoberts, 59 Iowa, 349 (1882), Beck, J. 5 Fox V. Fisk, 7 Miss. 846 (1842). •Wood V. United States, 11 Ct. CI. 685 (1875), Lorlng, Judge. ' Warner v. Arctic Ice Co., 74 Me. 478 (1883), cases, conclusion was that the plaintiff be in mercy for his false claim. ' See Amerce. 2. Justice is to be administered with mercy: it is reserved for the sovereign or his deputy to extend mercy wherever he thinks it deserved, holding a court of equity in his own breast to soften the rigor of the law in such criminal cases as merit an exemption from punishment." See Pardon. 3. Deeds, of mercy in Sunday laws, see Sunday.

The arbitrament of the judge, v. Amerciament.