Modus

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, whether in restriction or enlargement of the terms of the instrument; especially with relation to the kind of grant called "donatio," — ^the making those quxtsi heirs who were not in fact heirs, according to the ordinary form of such conveyances. And this modus or qualification of the ordinary form became so common as to give rise to the maxim, modus et conventio vincunt legem. Co. Litt. 19a; Bracton, 17b; 1 Reeve, Hist. Eng. Law, 293. A consideration. Bracton, 17, 18. In Ecclesiastical Law. A peculiar manner of tithing, growing out of custom. See "Modus Decimandi."

In Civil Law. Manner; means; wayj Ainsworth, Lat. Diet, A rhythmic song. Du Cange. In Old Conveyancing. Manner; e. g., the manner In which an estate should be held, etc. A qualification, whether in restriction or enlargement of the terms of the instrument; especially with relation to the kind of grant called "donatio," — the making those quasi heirs who were not in fact heirs according to the ordinary form of such conveyance!?. And this modus or qualification of the ordinary form became so common as to give rise to the maxim "modus et convene tio vincunt legem.” Co. Lltt. 19 a; Bracton, 171); 1 Reeve, Hist Eng. Law 293. A consideration. Bracton, 17, 18. In Ecclesiastical Law. A peculiar manner of tithing, growing out of custom. See Modus Dbcimandi.

Lat.

In the civil law. Manner ; means; way. In old conveyancing. Mode; manner; the arrangement or expression of the terms of a contract or conveyance. Also a consideration; the consideration of a conveyance, technically expressed by the word "ut." A qualification, involving the idea of variance or departure from some general rule or form, either by way of restriction or enlargement, according to the circumstances of a partichlar case, the wlll of a donor, the particular agreement of parties, and the like. Burrill.

In criminal pleading. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offense was committed. Tray. Lat. Max.

In ecclesiastical law. A peculiar manner of tithing, growing out of custom.

— Modus de non decimando. In ecclesiastical law. A custom or prescription of entire exemption from the payment of tithes; this is not valid, unless in the case of abbey-lands.

— Modns decimandi. In ecclesiastical law. A manner of tithing; a partial exemption from tithes, or a pecuniary composition prescribed by immemorial usage, and of reasonable amount; for it will be invalid as a rank modus if greater than the value of the tithes in the time of Richard I. Stim. Law Gloss.

— Modus habilis. A valid manner.

— Modus levandi fines. 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.

— Modus tenendi. The manner of holding; i. e., the different species of tenures by which estates are held.

— Modus transfer-rendi. The manner of transferring.

— Modus vacandi. 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.

— Rank modus. One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than at fule of law. 2 Steph. Comm. 729.

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 consent of the parties overrule the law. Modus legem dat donation!: manner gives law to a gift; the mode of conveyance determines the character of the grant. Modus operandi: the mode of operating. Jn English ecclesiastical law. Modus decimandi, or modus: a manner of tithing growing out of custom, different from the general law of taking tithes in kind; a partial exemption or a pecuniarycomposition prescribed by immemorial usage and reasonable in amount, — invalid as a rank modus if greater than the value of the tithes in the time of Richard I. Modus de non decimando: a modus of entire exemption; a prescription to be entirely discharged of tithes, and to pay no compensation in lieu of them.

Manner; way. Modo et forma. In manner and form. See Manner. Modus et eonventio vineunt legem. Manner and agreement overrule the law. The terms and effect given to an agreement, not contrary to law, may control a rule of law.f See Conventio. Modus legem dat donationi. The manner gives law to a gift. A donor may attach to his gift such condition as he pleases. « MOrETY.9 A half; an undivided half. Joint tenants are said to hold by moieties. See Partition; Entirety. Moieties, being half of the penalty or forfeiture, were formerly paid to informers under the laws forbidding smuggling. The act of June 23, 1874, abolished the practice, directed that all fines should be paid into the Treasury, and that whatever compensation might be due to informers should be reported to Congress for action.'" 1 See 10 Wheat. 29; 9 Pet. 356; 14 id. 316; 16 id. 313; 1 How. 306. ' Hatch V. Moi Btt, 15 F. E. 252 (1883). > State V. Fox, 25 N. J. L. 602 (1856). • See B. S. § 4930. » L. mod-e-ra'(or ra')-tS. Eng. mod'-Sr-Ste. 8 The Elysia, 46 L. T. 840 (1882). ' 13 Pick. 491; 22 N. Y. 252; 59 Pa. 389. 8 Broom, Max. 459; Whart. Max. 259. • F. moitie: L. medietatem, a half.

Manner; mode; way. The word was used in old English practice to denote the expression in a conveyance of the manner in which the estate conveyed should be held, or the nature of the estate which should pass by the conveyance: such as whether the estate should be held for years, for life, or in fee; whether by one or by several persons; if by several, whether jointly or in succession, and what estate to each. Hence it came to mean a qualification of the terms of an instrument, either by way of restriction or of enlargement; a departure or variance from the usual form of a conveyance, or from some other general rule or practice, according to the circumstances of a particular case, the will of a grantor, the agreement of parties, &c. This occurred most frequently, in old conveyancing, in relation to the prevailing mode of conveyance by donatio; the ordinary form of which was a gift of land to the donee and his heirs for certain homage and service, &c.; but the donor might depart from this form by a modus or qualification in the particular instance, enlarging the usual terms by including, with the heirs of the donee, his assignees or others, who were not in fact heirs, or restricting the descent of the land to one or more of his heirs, to the exclusion of others. This modus — the qualification of or variation from the ordinary applicable to the usual form of the conveyance. The modus of an indictment is that part of it whicli contains the narrative of the commission of the crime; the statement of the mode or manner in which the offence was committed. Trayn. Max. When teinds, in Scotland, have been valued, they are said to be paid by a modus. Beil. Modus is: 1. A payment in money in lieu of tithe in kind. 2. A song in rhythm. 3. A custom or rite. Shipley. When a provision in a will was intended to impose a duty on a legatee or heir, and not to suspend the vesting of the legacy, it was called modus. Hunt. Rom. L. 743. Modus de non decimando. A manner of withholding tithes. A claim, based on custom or prescription, to be discharged from paying tithes or any compensation in lieu of them. The entire discharge from the payment of tithes, by a custom or prescription known as de non decimando, arises either from some personal privileges which the party enjoys who is so discharged, or by a real composition made in lieu of payment of tithes, or from some other like circumstance. Thus the king, by his prerogative, is discharged from all tithes; so a vicar is discharged from paying tithes to the rector, and the rector to the vicar. A real composition is made by an agreement between the owner of lands and the parson or vicar, with the consent of the ordinary and the patron, that such lands shall for the future be discharged from payment of tithes in consideration of some land or other real recompense being given to the parson in lieu and satisfaction thereof. Brown. Modus decimandi. A manner of tithing. Some peculiar manner of paying tithes, difierent from the payment of one-tenth the annual increase. Modus decimandi is money, or other thing of value, given annually, in lieu of tithes. Termes de la Ley. A modus decimandi, commonly called by the simple name of a modus only, is where there is by custom a particular manner of tithing; sometimes a pecuniary compensation, as 2d. an acre for the tithe of land; sometimes a compensation in work and labor, as that the parson shall have only the twelfth cock of hay, and not the tenth, in consideration of the owner's making it for him; somedmes, in lieu of a large quantity of crude or imperfect tithes, the parson is given a less quantity, when arrived to greater maturity, as a couple of fowls in lieu of tithe-eggs, and the like. Any means in short, whereby the law of tithing is altered, and a new method of taking them is introduced, is called a modus decimandi, 1. It must be certain and invariable; payment of different sums will prove it to be no modus, that is, no original, real composition. 2. The thing given in lieu of tithes must be beneficial to the parson, and not for the emolument of third persons only. 3. It must be something different from the thing compounded for. 4. One cannot be discharged from payment of one species of tithe by paying a modus for another. 5. The recompense must be in its nature as durable as the tithes discharged by it. 6. The modus must not be too large, which is called a rank modus. 2 Bl. Com. 30. Modus et couventio vinount legem. Manner and agreement overrule the law. The qualifications and restrictions imposed by the manner and terms of a conveyance, or the terms of an agreement between parties, control a general rule of law, or the usual practice as to a class of transactions, and become the law of the particular case, if such qualifications and terms are not themselves contrary to law. Modus habills. A valid manner. Modus legem dat donation!. J. J. S. Wharton {Diet. tit. Modus') translates this maxim, Custom gives law to the gift; and G. F. Wharton {Leg. Max. 259) translates it, Agreement gives law to the gift. We much prefer Burrill's rendering, The manner gives law to the gift. The manner in which an estate is declared to be given by a feoffment (or gift) governs its operation, and the course of the estate under it. To much the same efiect is Trayner's rendering, but the illustrations he gives are somewhat loose. He paraphrases it as meaning: a donor may attach to his gift such conditions as he pleases. Modus tenendi. Manner of holding. Relates to the different species of tenures by which estates were held. Modtis transferrendi. The manner of transferring. Modus vaoaudi 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 Trayn. Max. Modo et forma. In manner and form. Technical words of pleading a denial of an allegation, not only in its general efiect, but in manner and form such as time, place, &c., and were therefore, in most cases, matter of form rather than of substance. They are literally translated in the English forms.