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Modo et forma

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

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

/. In manner and form. Old words in a plea, not usually material, putting in issue concomitant matters such as time, place, etc. /. Manner, mode. The in which estate gives law to a gift; the mode of conveyance determines the character of the grant. Modus decimandi: 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. Modus de non deoimando: a modus of entire exemption, a prescription to be discharged from tithes, non valet, is not valid. Modus et oonventio vincunt legem: the form of agreement and the consent of the parties overrule the law. Modus operandi: the method of operating.