Law Dictionary

One which habitually buys and sells; one which buys for the purpose of afterwards selling. 32 Pittsb. Leg. J. (O. 8.) 510.

It would not be safe for the court to draw any inference from the apparent tautology of those parts of a revenue law describing the subjects of duty. In most cases, the terms used

A market. An old form of the latter word common in Scotch law, formed from the Latin mereatum.

I. A buying; a traf Bpking or trading.

Belonging to trade. MERCATUM (Lat.) A market. Du Cange. A contract of sale. Id. Supplies for an army {commeatus). Id. See Bracton, 56; Fleta, lib. 4, c. 28, §§ 13, 14.

I In civil and old English law. A word was used to mean all sorts of traders, though strictly it meant buyer.

A writ for the delivery of a clerk out of prison, who was taken and incarcerated upon the breach of a statute merchant. Reg. Orig. 147. CLERICO CONVICTO COMMISSO GAOLA IN DEFECTU C

In old English law. A writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country, after denial of restitution. Reg

Lat. A market. A contract of sale. Supplies for an army, (commeatus.)

The practice of buying and selling.

A hirer; one that hires.

A mercenary. MERGES (Lat.) In civil law. Reward of labor in money or other things. As distinguished from pensis, it means the rent of farms (praedia rustid). Calv. Lex. MERCHANDISE

Mercian laws, which see.

The law of the Mercians. One of the three principal systems of laws which prevailed in England about the beginning of the eleventh century. It was observed in many of the midland c

Wages.

goods, wares, and chattels of every description and includes merchandise the importation of which is prohibited.

For purposes of this subsection, the term “merchandise concerned” means the merchandise being appraised, identical merchandise, or similar merchandise.

The statute 25 & 26 Viet. c. 88, designed to prevent the fraudulent marking of merchandise and the fraudulent sale of merchandise falsely marked.

An English statute protecting trademarks from infringement. Merchant. One who buys and sells merchandise to make a profit by it. 11 Mart. (La.) B31, 13 Am. Dec. 352.

Except as provided in subparagraph (B), the term “merchandise return period” means, with respect to any taxable year— (i) in the case of magazines, the period of 2 months and 15 da

[T]he articles of merchandise which he uses to perform the office of dunnage, may be called dunnage. Still they are not legally nor properly such. If they are merchandise, they are

including commission merchant in § 1459.

This word in a contract means, generally, vendible in market. Merchandise is vendible because of its fiK ness to serve its proper purpose; Wood v. U. S., 11 Ct. Cl. 680; Hamilton v

including 'all ores which grade 55% and above in metallic iron regardless of other ingredients.' "The lessee contracted to mine and remove at least 300,000 tons of ore annually, or

A merchantable title must be good beyond a reasonable doubt, and this must appear from the abstract itself. That the title may, in fact, be good, or that it may be made good is ins

The term “merchant acquiring entity” means the bank or other organization which has the contractual obligation to make payment to participating payees in settlement of payment card

Vendible in market, and hence fit and suitable for its purpose.

He is, as to that, a quasi judge, a 'legislative referee.' ... [T]he merchant appraisers here can hardly be considered public officers at all, in the ordinary acceptation of the te

Merchants selected, under the revenue laws, to appraise the value of imports, where the importer is dissatisfied with the ofiicial appraisement, and there is no appraiser appointed

A ship of commerce. Merchants, Statute of. See De mercatoribus .

Merchant marine officer.—The term “merchant marine officer” means an individual issued a license by the Coast Guard authorizing service as— (A) a master, mate, or pilot on a docume

In this section, the term “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.

It is so unusual for a legislature to employ itself in framing rules which are to operate only on contracts made without their jurisdiction, between persons residing without their

Accounts between merchant and merchant, which must be current, mutual, and unsettled, consisting of debts and credits for merchandise. Fox V. Fisk, 6 How. (Miss.) 328; Spring v. Gr

The case protected by the exception is not every transaction between merchant and merchant, not every account which might exist between them, but it must concern the trade of merch

As used in this section, the term "merchant seaman" means any individual who was employed as a seaman or crew member on any vessel registered under the laws of the United

Those on private ships, as distinguished from those in the navy or public ships. See 43 Fed. (U. S.) 602.

Certain English statutes, beginning with the 16 & 17 Viet. c. 131, whereby a general superintendence of merchant shipping is vested in the board of trade. Provisions are made for t

English statutes for the amelioration of the condition of seamen on merchant vessels, and the general improvement of shipping, and vesting a control of merchant shipping in the boa

The English statute 13 Edw. I. St. 3, repealed by 26 & 27 Viet. c. 125.

The mere laying up of a vessel engaged in the latter service would not change its character, unless the government did something affirmative to make it a public vessel. . . . The w

IMMUNITIES OF. In international law, a merchant vessel in a foreign port is subject to the jurisdiction of the foreign state. In France, however, it is held that acts and offences

1862. The statute 25 & 26 Vict. c. 88, designed to prevent the fraudulent marking of merchandise and the fraudulent sale of merchandisa falsely marked.

Marcheta (q. v.)

Men are not included under the denomination of "merchandise." Dig. 50, 16, 207.

An amerciament.

One of the main bodies of customs (with the Dane law and the West Saxon law and perhaps an admixture of Norman laws and customs) which composed the law in the early Norman days. 1

In old writs. Wares. M,ercimonia et merchandizas, wares and merchandises. Reg. Brev. Append. 10.

In old records. The impost of England upon merchandise. Cowell. MERCIS APPELLATIO AD RES MOBILes tantum pertinet. The term "merchandise" belongs to movable things only. Dig. 50. 16

The term “merx” pertains only to movable things.

The term "merchandise" belongs to movable things only. Dig. 50, 16, 66.

The term “merx” does not apply to men.

Articles of trade or trafl Sc; subjects bought and sold, or bought to be sold again.

The term “mercuric-oxide battery” means a battery that uses a mercuric-oxide electrode.

In this paragraph, notwithstanding section 2602(2)(B) of this title , the term “mercury” means— (i) elemental mercury; and (ii) a mercury compound.

The term “mercury vapor lamp” means a high intensity discharge lamp in which the major portion of the light is produced by radiation from mercury typically operating at a partial v

The term “mercury vapor lamp ballast” means a device that is designed and marketed to start and operate mercury vapor lamps intended for general illumination by providing the neces

See Amercement .

Famous; great; noted; as Æl-mere, all famous. Gibs. Camd. L. Fr. Mother. Æle, mere, fille, grandmother, mother, daughter. Britt, c. 89. En ventre so mere, in its mother's womb.

Sax. A marsh. Spelman,

the combination of them and adaptation of the combined result was a mere aggregation of old elements requiring no more than mechanical skill, and was not, therefore, patentable inv

Where the appraisement of an invoice of imported goods made by the revenue officers at the custom house is not satisfactory to the importer, persons may be selected (under this nam

A transaction which shifts the ownership of the proprietary interest in a corporation is hardly 'a mere change in identity, form, or place of organization' within the meaning of cl

Same as Mere jus.

There must, of course, be a nexus automatically provided in the case of fruits, instrumentalities or contraband—between the item to be seized and criminal behavior. Thus in the cas

A bare right, without possession.

so unsubstantial and obviously insufficient, either in fact or law, as to be plainly without color of merit, and a mere pretense; a claim made in bad faith and without any legal ju

the use by Congress of the words 'merely personal' seems to us to restrict the exception to a moral code which is not only personal but which is the sole basis for the registrant's

(Law Lat. [from L. Fr. meresme, mereme.]) In old English and Scotch law. Timber.

See "Ex Mero Motu."

In old records. Timber. Cowell.

the First and Fourteenth Amendments prohibit making mere private possession of obscene material a crime. The States retain broad power to regulate obscenity; that power simply does

An abstract right of

The law, however, does not make the mere size of a corporation, however impressive, or the existence of unexerted power on its part, an offense, when unaccompanied by unlawful cond

A boundary stone.

Illicit, as applied to sexual relations.

a transfer without valuable consideration, with the intent that the transferor shall, as the statute provides, cease to exist, made in accordance with the statute, has all the elem

crim. law. Whena man commits a great crime which includes a lesser, the latter is merged in the former. Murder, when committed by blows, necessarily includes an assault and battery

rights. Rights are said to be merged when the same person who is bound to pay is also entitled to receive. This is more properly called a confusion of rights, or extinguishment. Wh

torts, takes place where a person in committing a felony also commits a tort, against a private person; in this case, the wrong is sunk in the felony, at least until after the felo

merger' and 'consolidation' as used in the Act includes transactions which 'are beyond the ordinary and commonly accepted meaning of those words'. Insolvency reorganizations are wi

The doctrine of merger (even admitting that a judgment against one of several joint obligors would terminate the whole obligation, so that a distinct action could not afterwards be

The merger eliminates one of the participating corporations from the market while a joint venture creates a new competitive force therein.

If there be any one principle of law settled beyond all question, it is this, that whensoever a cause of action, in the language of the law, transit in rem judicatam, and the judgm

The annihilation of one estate in another, when a greater estate and a less coincide and meet in one and the same person without any intermediate estate. See 99 Am. St. Rep. 153, n

Whatever related to any conversations, or negotiations on the subject, previous to the consummation of the contract, were merged in the final conclusion of the contract; according

The rule that prior negotiations are merged in the contract is general in its nature... Previous and contemporary transactions and facts may be very properly taken into considerati

all previous negotiations and verbal statements are merged and excluded when the parties assent to a written instrument as expressing the agreement

The term “merger transaction” has the meaning determined under section 1828(c)(3) of this title .

The name of this country. The United States, now twenty-six in number, are Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Ken-,tucky, Louisiana, Maine, Maryl

Noon. practice and matters resting in the diaoietion of the court. 4 How. Pr. (N. Y.) 839! Id. 432; 2 Daly (N. Y.) 208. A cause of action or defense on the merits is one resting on

He justly loses the protection of the law who attempts to subvert it.

Possessing or characterized by "merit" in the legal sense of the word. See Merits. —Meritorious cause of action. This description is sometimes applied to a person with whom the gro

This description is sometimes applied to a person with whom the ground of action, or the consideration, originated or from whom it moved. For exampie, where a cause of action accru

Such settlements, though voluntary, are founded upon a meritorious consideration, and will be upheld and enforced in equity against the husband.

See Detense.

“merit principles” means the principles set out in section 2301(b) of title 5 ;

the various elements which enter into or qualify the plaintiff's right to the relief sought; where a plaintiff seeking preventive relief lacks standing, the appropriate decree is a

AFFIDAVIT OF. Under the practice in some jurisdictions, an affidavit of merits is required to be filed by defendant in order to prevent the signing of judgment by default; Young v.

See "Ex Mere Motu."