Mesne

WRIT OF. The name of an ancient writ, which lies when the lord paramount distrains on the tenant paravail. The latter shall have a writ of mesne against the lord who is mesne. Fitzh. Nat. Brev. 316.

Intermediate; the middle between two extremes; that part between the commencement and the end, as it relates to time. Hence the profits which a man receives between disseisin and recovery of lands are called mesne profits. Process which is issued in a suit between the original and final process is called mesne process. An assignment made between the original grant and a subsequent assignment, is called a mesne assignment. Mesne incumbrances are intermediate charges, or incumbrances which have attached property between two given periods; as, between the purchase and the conveyance of land. In England, the word mesne also applies to a dignity; those persons who hold lordships or manors of some superior who is called lord paramount, and grant the same to inferior persons, are called mesne lords.

Intermediate; intervening; the middle between two extremes, especially of rank or time. An intermediate lord; a lord who stood between a tenant and the chief lord; a lord who was also a tenant. "Lord, mesne, and tenant; the tenant holdeth by four penco, and the mesne by twelve pence." Co. Litt. 23 a.

— Mesne assignment. If A. grant a lease of land to B., and B. assign his interest to C-, and C. in his turn assign his interest therein to D., in this case the assignments so made by B. and C. would be termed "mesne assignments;" that is, they would be assignments intervening between A.'s original grant ftnd the vesting of D. 's interest in the land under the last assignment. Brown.

— Mesne incumbrance. An intermediate charge, burden, or liability; an incumbrance which has been created or has attached to property between two given periods.

— Mesne lord. In old English law. A middle or intermediate laid; a lord who held of a superior lord. 2 Bl. Comm. 59. More commonly termed a "mesne," (q v.)

— Mesne, writ of. An, ancient and abolished writ, which lay) when the lord paramount distrained on the tenant paravail. The latter had a writ of mesne against the mesne lord. As to mesne "Conveyance," "Process," and "Profits," see those titles.

I. fr. and eng. Middle; intermediate The arbitrament or discrepunishing any offense, not diland; the jus proprietatis, for bounding or dividing or extinguishment of one the extinguishment in law coincide and meet in the estate, — a result which in matter of intention. Merextinguishment of a simple conextinguishment of a contract, of wrongs: the sinking offense, where the wrong distinguished from matter of in law.

s Middle, intermediate, intervening: as, mesne or a mesne — assignment, incumbrance, lord, process, profits, qq. v. MESSAGrE.9 1. A communication from the President to Congress. 1 State V. Durham, 72 N. C. 449 (1875); Commonwealth V. Dean, 109 Mass. 351 (1872); 1 Bish. Cr. L. §§ 786, 804. MBl. Com.-6. 3 See 1 Chitty, Contr. •181. * Blakely v. Frazier, 11 S. C. 134 (1877), Willard, C. J.; Dill V. Moon, 14 id. 339 (1880). = [Holthouse's Law Diet. See 18 Pa. 354; 65 id. 476. = St. John ii. West, 4 How. Pr. *331-32 (1850), Selden, J. 'Eahn v. Gunnison, 12 Wis. *533 (1860), Paine, J.; Oatman v. Bond, 16 id. *25 (1863). " He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient." ^ An -" annual message " is delivered at the commencement of each session; a "special message," when particular information is to be communicated; a *' veto message," where a bill is returned unsigned. Prior to Jeffersoli's administration, messages were delivered orally." The sovereign of England communicates with the houses of Parliament by message, at the hands of a minister of the crown or a member of the royal household.' 2. In the sense of a communication by telegraph, see Telegraph.

fr. Middle; mean. An intermediate lord standing between the chief lovA. and the tenant paravail. A writ of mesne in the nature of a writ of right lay for the tenant paravail against the mesne lord who suffered the tenant to be distrained for rent or services due from the mesne lord to the lord paramount. Mesne process: v. Process. Mesne profits: intermediate profits; profits while the land was occupied by a person having no right, or before a writ of ejectment was brought. Mesprendre,/;-. To do amiss, offend. Mesprision: a mistake.

Between; intermediate; middle. Mesne assignment. If A grant a lease of land to B, and B assign his interest to C, and C in his turn assign his interest therein to D, in this case the assignments so made by B and C would be termed mesne assignments; that is, they would be assignments intervening between A's original grant and the vesting of D's interest in the land under the last assignment. Brown. Mesne incumbrance. An intermediate charge, burden, or liability; an incumbrance which has been created or has attached to property between two given periods. Thus, when a vendor of an estate covenants to convey land to a purchaser free from all mesne incumbrances, the meaning is free from all charges, burdens, or liabilities which might by possibility have attached to it between the period of his purchase and the time of the proposed conveyance to the intended vendee. Mesne lord. In feudal law, one who, being lord as towards a subordinate tenant, held in his turn from a superior lord. Mesne, or mean, signifies the middle between two e.^tremes, and that either in time or dignity. In time, it is the interim betwixt one act and another, and is applied to denote profits of lands between a disseisin and recovery, &c. As to dignity, there is a lord mean, or mesne, that holds of another lord, and a mean tenant, &c. All the land in the kingdom is, by a fiction arising from the feudal origin of the English tenures, supposed to be holden mediately or immediately of the king, who is styled the lord paramount, or above all. Such tenants as held under the king immediately, when they granted out portions of their lands to inwere still tenants with respect to the king, and, thus partaking of a middle nature, were called mesne or middle lords. Jacob. Mesne process. Originally, any process between that employed for the commencement of the action and that for execution of the judgment. Thus process was styled original, mesne, or final. But the original writs formerly necessary are now disused, and actions are commenced and prosecuted by mesne process. The term includes the capias in common-law practice, the summons under codes of procedure and intermediate writs, but not execution. Mesne process is generally used in contradistinction to final process, and signifies any writ or process issued between the commencement of the action and the suing out final process or execution in such action; and includes also the writ of summons, notwithstanding this is the process by which personal actions are commenced, and therefore cannot be regarded now as mesne or intermediate process, in the literal sense of the word. Brown. Mesne profits. The rent or other pecuniary benefit which one who dispossesses the true owner receives between the disseisin and the restoration of possession, is termed mesne profits. The action of ejectment, under some systems of practice, extends to the recovery of mesne profits, or, in some jurisdictions, a distinct action, known as an action for mesne profits, will lie. Mesne profits, in the New York statute abolishing the action for mesne profits, means those which are received intermediate the original entry and the restoration of possession. The term does not include damages which accrued anterior to the ouster. Leland v. Tousey, 6 Hill, 328, 333. Writ of mesne, was a writ in the nature of a writ of right, brought by a tenant paravail (or under-tenant) against the mesne lord (of whom the tenant paravail immediately held the land), when the mesne lord had allowed the tenant paravail to be distrained for rent or services due from the mesne lord to the superior lord. The process on this writ was regulated by the statute of Westminster 2, 18 Edw. I. St. 1, ch. 9, passed in 1285. But the writ itself, being a real action, was abolished in 1833 by Stat. 3 & 4 Wm. IV. ch. 27, § 36. Moken Sf W.