Glossary of Technical Terms, Phrases, and Maxims of the Common Law

maremium,;. Timber; wood for building.

I. More. Magis dignum trahlt ad se minus dignnm: the more worthy draws after itself the less worthy.

I. Usage is the master of things [nsage determines]. Magister cancellariae: a master in chancery. Magister navis: the master of a ship.

;. Special writs, v. Writ.

A public civil officer; a person intrusted with the commission of the peace.

I. The grand assize. Magna Charta: the Great Charter. It was granted by John at Runingmede in 1215, at the same time with the Carta de Foresta, and confirmed by Henry III. in the n

One during which there is no capital conviction. Maiden rents: a fine paid the lord by a copyhold tenant on marriage, for omitting the marcheta.

I., Mayhem, maim, etc. Violently depriving another of a member used in fighting; such an injury to a man as diminishes his power of self-defence.

Maille,/r. Rent; tribute. Main,/;-. Hand, a hand. Main k main: immediately. Mainbour,/^ & sax. k. handborow; mainprise.

meynour, etc., fr. A thing stolen; especially when found in the thief's possession, v. Handhabend.

mainovre,/r. Labor of the hands. To cultivate, arrested and delivered to thein out of prison. They had no right to imprison him or surrender him up, like bail, and were bound to pr

The release of a man arrested, into the custody of his friends, who became bound for his appearance. A •wrrit of mainprise directed to the sheriff ordered him to take mainpernours,

Perjured by oath of hand upon the book.

Officious intermeddling in another's suit; aiding a party with money or otherwise, v. Champerty. Maintenant,/r. Now; presently. Maintes fois,/r. Many times. Mais.yr. But. More. Mai

I. Greater. Major haereditas venit unicuique nostrum a jure et legibus quam a parentibus: a greater legacy comes to every one of us from right and the law than from our parents. Ma

To. To deny under oath. v. Wager of Iwa. Mal,/r., Malum,/. Ill; wrong; evil. Mai de venue: v. Essoin. Mai gree: of bad grace; against the will of.

/, Bad faith. Mala grammatica non vitiat chartam: bad grammar does not vitiate a deed. Mala in se: evils bad in themselves, natural wrongs. Mala prohibita: wrongs prohibited (bylaw

/. Ill; unfavorably. Male creditus: of bad repute. Maledicta est expositio quae corrumpit teztum, /. Cursed the interpretation which corrupts the text.

fr., Maleficium, /. Wrong-doing, crime. Maleficia non debent remanere impunita; et impunitas continuum affectum tribuit delinquenti: crimes ought not to remain unpunished; and impu

Express or actual malice is necessary to establish certaitt degrees of criminal liability in certain cases, and may be defined as the'intent of one person to injure any otlier. But

One brought without probable cause, and with intent to injure the defendant. The action for malicious prosecution is an action on the case for damages, brought after the fruitless

/. (Malice supplies age.) Proof that a child between the ages of seven and fourteen has " mischievous discretion " will render him doli capax, and criminally liable.

I. EvU; wickedness; ill. v. Mai. Malo animo: with evil intent. Malum non praesumitur: evil [intent] is not to be presumed. Malum lecti, veniendi; v. Essoin. Malus usus abolenda est

sax. A compensation for homicide, due the lord for killing his vassal, the amount of which was regulated by the were.

/. (We command.) A writ, formerly prerogative, issuing out of a superior court to an inferior court, a public or private corporation, or an officer, directing them to perform some

Mandator, /., Mandant. A person commanding or committing; the employing party in a contract of mandate.

/. To command. To commit to, to intrust with.

I., Mandatary. The party to whom a charge is given; the party employed in a mandate. Mandatarius terminos sibi positos transgredi non potest: a mandatary cannot exceed his instruct

I., Mandate. A command a contract by which one

/. Manor; a manor.

A sea-letter; one of a ship's papers, specifying the cargo, port of departure, and destination.

A feudal estate granted to a lord or great personage with the right to hold a court-baron. It consisted of terrse tenementales, bocland, lands held of the manor in freehold; and th

A bond between the lord and vassal; the vassal promising fidehty in consideration of the lord's protection.

Homicide without mahce, but not excusable; as, voluntarily, upon a sudden affray; or involuntarily, while performing an unlawful act, or when attended with criminal negligence.

/. Tamed; of a domestic nature.

To occupy, labor upon.

I. A hand. An oath; a person swearing, a compurgator. Manu brevi: with a short hand, briefly. Manu forti: with strong hand. Manus mortua (a dead hand): mortmain.

/., March. A border; boundary line. Marchers: noblemen formerly living on the borders of Wales and Scotland in a state of semi-sovei-eiguty, with laws of their own.

Mercheta, I. 1. In Scotch law, the right of the lord to pass the first night with the bride of his tenant. A fine for remitting such right. 2. In England, a maid's fee; a fine paid

/. Sea. Mare altum: the high sea. Mare apertum: the open sea.

/. Marriage.

A place, market, or shop, for the public sale of goods, where the innocent purchaser took a perfect title, except as against the Crown, whether the goods were stolen or rightfully

Marlbridge. 1267, confirming the est, providing penalties of entry in the post, age, etc. Marque ana Heprisal, sovereign or state to property of an offending is now usually issued

The feudal chivalry of disposing ward refused, he or (valor maritagii, suitor would in good value of the marriage if the ward married articles: articles of drawn after marriage. ri

A prison K. B. An old court;

The rule try by the commander civic authority. Masters in Chancery. took accounts, oaths, quiries concerning They were formerly the Crown Of Bce: torney in the K. B. of the Masters

/. The mother of a family.

/. The goods acquired through the mother descend to those conaected with her.

/. Marriages ought to be free [not forced].

which by the 20 & 21 matrimonial jurisdiction of the ecclesiasthe validity of marriages, and granted courts of a local nature or special juris- — 53. The Court of Lord Steward of e

Jury of. v. Jury.

"Writiug under seal. Matter in pais: matter of fact [not in writing]. Matter of record: matter entered on the rolls of a court of record, which were formerly always parchment. Maug

mauveys, Jr. False; bad; defective.

I. The greatest. Maxime: chiefly, most of all. Maximus erroris magister populus: the people is the greatest master of error.

v. Maihemium. Mayn,/A A hand. v. Main.

The head of a municipal corporation. Lord Mayor: a title of the Mayors of London, York, and Dublin.

I. To become surety, mainpernor. Manucaptio:

The science of medicine as applied to legal questions.

/. Half-tongue, v. Bilinffuis.

/. Li the mean time.

/. Intention of flight.

/. A medley; a ahance-medley. Meindre age,y>. Minority; lesser age.

et rei quam actor, ubi neuter jus habet, I. The position of the party possessing is the stronger (better), and of the defendant than the plaintiff, when neither has the right. Meli

I. A writ directing the sheriff to make further inquiry as to the lands, etc. of a outlawed or

I., memorie,/r. Memory; mind; understanding. Time of memory, memory of man (v. Legal memory): extends back to the reign of Richard I.

I. Mind; intent; intention; meaning; will. Mens testatoris in testamentis spectanda est: in wills the intention of the testator is to be considered.

/. (v. A, Divorce.) Erom bed and board.

I. The King's measure; the standard.

/. A merchant. Meroatum: a market.

sax. The Mercian laws, which were observed ia many of the midland counties and those on the Welsh border.

The arbitrament of the judge, v. Amerciament.

sax. A fenny place.

fr., Merum jus, I. Mere right, right without possession.

I. {Mceremium.) Timber.

The sinking of one estate or interest in another; as by consolidation, or union in the same person.

Statute of. Passed 20 Hen. III., a. d. 1253, concerning dower, usury, legitimacy, lord's right in parks, etc. Merx est quicquid veudi potest, I. Merchandise is whatever can be sold

mais,/r. But. Mesaventure,/r. Mischance; accident. ■^.Homicide.

meas, meason, 6\a.,fr. A house.

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 agains

I. The crop follows [belongs to] the sower.

A dwelling-house with outbuildings, garden, and Mestier,//-. (Mystery.) Handicraft, trade.

/. A butt; a boundary line.

sax. Rent payable in victuals.

Bulls and bounds.

The archbishop of a province.

fr. To put, fix. Mis en escript: put in writing. Mettre a large: to set free.

/. By reason of fear. Meyn,//-. Hand. v. Main. Mi. niy./'"- Half; middle. An atom, a smallest part of a thing.

at cock-crowing. They no candle, nor pen and ink, but a coal; and semce forfeits double rent for each The court still exists. between woods. ecclesiastical. A layman. Lay corpo- La

In England, begins on the 2d, and ends on the 25 th of November.

The great assembly of the people; the Witenagemote. v. Courl, 1.

pi. milites, /. A soldier, knight. Milieu,//-. Middle. Juste milieu: the happy mean.

v. Courl of Chivalry, Court, 93. Military feuds: genuine or original feuds, held in chivalry, by knight service; v. Tenure. Military law: regulations for the government of the army

I. The smallest. Minime: in the least. Minima poena corporalis est major qualibet pecuniaria: the smallest corporal punishment is greater than any pecuniary one. Minime mutanda sun

Iowa, Missouri, Kansas, Arkansas, and Colorado; the ninth, Oregon, Nevada, and California. Each court is composed of a member of the Supreme Court as Circuit Justice, a Circuit

I. Less; younger; an infant. Minor jurare non potest: a minor cannot make oath. Minor 17 annis non admittitur fore executorem: a person under seventeen is not admitted to be execut

Less not. Minus solvit qui tardius solvit: he who n SjBa, I. Mise; the issue in a real.action. Misse: costs; expenses.

t. Mesaveniure.

Continuance by faulty process. Discontinuance.

An indictable offence not amounting to felony. Mise./r. 1. Expenses, costs. 2. The issue in a writ of right, the

ubi jus est vagum aut incertum, /. Obedience to law is a hardship where the law is vague or uncertain.