



                                     M.

M. When persons were convicted of manslaughter in England, they were 
formerly marked with this letter on the brawn of the thumb. 
     2. This letter is sometimes put on the face of treasury notes of the 
United States, and signifies that the treasury note bears interest at the 
rate of one mill per centum, and not one per centum interest. 13 Peters, 
176. 

MACE-BEARER, Eng. law. An officer attending the court of session.

MACEDONIAN DECREE, civil law. A decree of the Roman senate, which derived 
its name from that of a certain usurer who was the cause of its being made, 
in consequence of his exactions. It was intended to protect sons who lived 
under the paternal jurisdiction, from the unconscionable contracts which 
they sometimes made on the expectations after their fathers' deaths; 
another, and perhaps, the principle object, was to cast odium on the 
rapacious creditors. It declared such contracts void. Dig. 14, 6, 1; Domat, 
Lois, Civ. liv. 1, tit. 6, Sec. 4; Fonb. Eq. B. 1, c. 2, Sec. 12, note. 
Vide Catching bargain; Post obit. 

MACHINATION. The act by which some plot or conspiracy is set on foot. 

MACHINE. A contrivance which serves to apply or regulate moving power; or it 
is a tool more or less complicated, which is used to render useful natural 
instruments, Clef. des Lois Rom. h.t. 
     2. The act of congress gives to inventors the right to obtain a patent 
right for any new and useful improvement on any art, machine, manufacture, 
&c. Act of congress, July 4, 1836, s. 6. See Pet. C. C. 394; 3 Wash. C. C. 
443; 1 Wash. C. C. 108; 1 Wash. C. C. 168; 1 Mason, 447; Paine, 300; 4 Wash. 
C. C. 538; 1 How. U. S., 202; S. C. 17 Pet. 228; 2 McLean, 176. 

MADE KNOWN. These words are used as a return to a scire facias, when it has 
been served on the defendant. 

MAGISTER. A master, a ruler, one whose learning and position makes him 
superior to others, thus: one who has attained to a high degree, or 
eminence, in science and literature, is called a master; as, master of arts. 

MAGISTER AD FACULTATES, Eng. eccl. law. The title of an officer who grants 
dispensations; as, to marry, to eat flesh on days prohibited, and the like. 
Bac. Ab. Eccl. Courts, A 5. 

MAGISTER NAVIS. The master of a ship; a sea captain. 

MAGISTER SOCIETATIS, Civil law. The principal manager of the business of a 
society or partnership. 

MAGISTRACY, mun. law. In its most enlarged signification, this term includes 
all officers, legislative, executive, and judicial. For example, in most of 
the state constitutions will be found this provision; "the powers of the 
government are divided into three distinct departments, and each of these is 
confided to a separate magistracy, to wit: those which are legislative, to 
one; those which are executive, to another; and those which are judiciary, 
to another." In a more confined sense, it signifies the body of officers 
whose duty it is to put the laws in force; as, judges, justices of the 
peace, and the like. In a still narrower sense it is employed to designate 
the body of justices of peace. It is also used for the office of a 
magistrate. 

MAGISTRATE, mun. law. A public civil officer, invested with some part of the 
legislative, executive, or judicial power given by the constitution. In a 
narrower sense this term includes only inferior judicial officers, as 
justices of the peace. 
     2. The president of the United States is the chief magistrate of this 
nation; the governors are the chief magistrates of their respective states. 
     3. It is the duty of all magistrates to exercise the power, vested in 
them for the good of the people, according to law, and with zeal and 
fidelity. A neglect on the part of a magistrate to exercise the functions of 
his office, when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; 
Ayl. Pand. tit. 22; Dig. 30, 16, 57; Merl. Rep. h.t.; 13 Pick. R. 523. 

MAGNA CHARTA. The great charter. The name of an instrument granted by King 
John, June 19, 1215, which secured to the English people many liberties 
which had before been invaded, and provided against many abuses which before 
rendered liberty a mere name. 
     2. It is divided into thirty-eight chapters,: 1. To the which relate as 
follows, namely: freedom of the church and ecclesiastical persons. 2. To the 
nobility, knights' service, &c. 3. Heirs and their being in ward. 4. 
Guardians for heirs within age, who are to commit no waste. 5. To the land 
and other property of heirs, and the delivery of them up when the heirs are 
of age. 6. The marriage of heirs. 7. Dower of women in the lands of their 
husbands. 8. Sheriffs and their bailiffs. 9. To the ancient liberties of 
London and other cities. 10. To distress for rent. 11. The court of common 
pleas, which is to be located. 12. The assize on disseisin of lands. 13. 
Assizes of darein presentments, brought by ecclesiastics. 14. The amercement 
of a freeman for a fault. 15. The making of bridges by towns. 16. Provisions 
for repairing sea banks and sewers. 17. Forbids sheriffs and coroners to 
hold pleas of the crown. 18. Prefers the king's debt when the debtor dies 
insolvent. 19. To the purveyance of the king's house. 20. To the 
castleguard. 21. To the manner of taking property for public use. 22. To the 
lands of felons, which the king is to have for a year and a day, and 
afterwards the lord of the fee. 23. To weirs which are to be put down in 
rivers. 24. To the writ of praecipe in capite for lords against tenants 
offering wrong, &c. 25. To measures. 26. To inquisitions of life and member, 
which are to be granted freely. 27. To knights' service and other ancient 
tenures. 28. To accusations, which must be under oath. 29. To the freedom of 
the subject. No freeman shall be disseised of his freehold, imprisoned and 
condemned, but by judgment of his peers, or by the law of the land. 30. To 
merchant strangers, who are to be civilly treated. 31. To escheats. 32. To 
the power of selling land by a freeman, which is limited. 33. To patrons of 
abbeys, &c. 34. To the right of a woman to appeal for the death of her 
husband. 35. To the time of holding courts. 36. To mortmain. 37. To escuage 
and subsidy. 88. Confirms every article of the charter. See a copy of Magna 
Charta in 1 Laws of South Carolina; edited by Judge Cooper, p. 78. In the 
Penny Magazine for the year 1833, page 229, there is a copy of the original 
seal of King John, affixed to this instrument, and a specimen of a facsimile 
of the writing of Magna Charta, beginning at the passage, Nullus liber homo 
capietur vel imprisonetur, &c. A copy of both may be found in the Magazin 
Pittoresque, for the year 1834, p. 52, 53. Vide 4 Bl. Com. 423. 

MAIDEN. The name of an instrument formerly used in Scotland for beheading 
criminals. 

MAIL. This word, derived from the French malle, a trunk, signifies the bag, 
valise, or other contrivance used in conveying through the post office, 
letters, packets, newspapers, pamphlets, and the like, from place to place, 
under the authority of the United States. The things thus carried are also 
called the mail. 
     2. The laws of the United States have provided for the punishment of 
robberies or willful injuries to the mail; the act of March 3, 1825, 3 
Story's Laws U. S. 1985, provides: 
     Sec. 22. That if any person shall rob any carrier of the mail of the 
United States, or other person entrusted, therewith, of such mail, or of 
part thereof, such offender or offenders shall, on conviction, be imprisoned 
not less than five years, nor exceeding ten years; and, if convicted a 
second time of a like offence, he or they shall suffer death; or if, in 
effecting such robbery of the mail, the first time, the offender shall wound 
the person having the custody thereof, or put his life in jeopardy, by the 
use of dangerous weapons, such offender or offenders shall suffer death. And 
if any person shall attempt to rob the mail of the United States, by 
assaulting the person having custody thereof, shooting at him, or his horse 
or mule, or, threatening him with dangerous weapons, and the robbery is not 
effected, every such offender, on conviction thereof, shall be punished by 
imprisonment, not less than two years, nor exceeding ten years. And, if any 
person shall steal the mail, or shall steal or take from, or out of, any 
mail, or from, or out of, any post office, any letter or packet; or, if any 
person shall take the mail, or any letter or packet therefrom, or from any 
post office, whether with or without the consent of the person having 
custody thereof, and shall open, embezzle, or destroy any such; mail, 
letter, or packet, the same containing any articles of value, or evidence of 
any debt, due, demand, right, or claim, or any release, receipt, 
acquittance, or discharge, or any other articles, paper, or thing, mentioned 
and described in the twenty-first section of this act; or, if any person 
shall, by fraud or deception, obtain from any person having custody thereof, 
any mail, letter, or packet, containing any article of value, or evidence 
thereof, or either of the writings referred to, or next above mentioned, 
such offender, or offenders, on conviction thereof, shall be imprisoned not 
less than two, nor exceeding ten years. And if any person shall take any 
letter, or packet, not containing any article of value, or. evidence 
thereof, out of a post office, or shall open any letter or packet, which 
shall have been in a post office, or in custody of a mail carrier, before it 
shall have been delivered to the person to whom it is directed, with a 
design to obstruct the correspondence, to pry into another's business or 
secrets; or shall secrete, embezzle, or destroy, any such mall, letter, or 
packet, such offender, upon conviction, shall pay, for every such offence, a 
sum not exceeding five hundred dollars, and be imprisoned not exceeding 
twelve months. 
     3.-Sec. 23. That, if any person shall rip, cut, tear, burn, or 
otherwise injure, any valise, portmanteau, or other bag used, or designed to 
be used, by any person acting under the authority of the postmaster general, 
or any person in whom his powers are vested in a conveyance of any mail, 
letter packet, or newspaper, or pamphlet, or shall draw or break any staple, 
or loosen any part of any lock, chain, or strap, attached to, or belonging 
to any such valise, portmanteau, or bag, with an intent to rob, or steal any 
mail, letter, packet, newspaper, or pamphlet, or to render either of the 
same insecure, every such offender, upon conviction, shall, for every such 
offence, pay a sum, not less than one hundred dollars, nor exceeding five 
hundred-dollars, or be imprisoned not less than one year, nor exceeding 
three years, at the discretion of the court before whom such conviction is 
had. 
     4.-Sec. 24. That every person who, from and after the passage of this 
act, shall procure, and advise, or assist, in the doing or perpetration of 
any of the acts or crimes by this act forbidden, shall be subject to the 
same penalties and punishments as the persons are subject to, who shall 
actually do or perpetrate any of the said acts or crimes, according, to the 
provision of this act. 
     5.- Sec. 25. That every person who shall be imprisoned by a judgment of 
court, under and by virtue of the twenty-first, twenty-second, twenty-third, 
or, twenty-fourth sections of this act, shall be kept at hard labor during 
the period of such imprisonment. 

MAILE, ancient English law. A small piece of money; it also signified a 
rent, because the rent was paid with maile. 

MAIM, pleadings. This is a technical word necessary to be introduced into 
all indictments for mayhem; the words "feloniously did maim," must of 
necessity be inserted, because no other word, or any circumlocution, will 
answer the same purpose. 4 Inst. 118; Hawk. B. 2, c. 23, s. 17, 18, 77; 
Hawk. B. 2, c. 25, s, 55; 1 Chit. Cr. Law, *244. 

TO MAIM, crim. law. To deprive a person of such part of his body as to 
render him less able in fighting or defending himself than he would have 
otherwise been. Vide Mayhem. 

MAINE. One of the new states of the United State's of America. This state 
was admitted into the Union by the Act of Congress of March 3, 1820, 3 
Story's L. U. S. 1761, from and after the fifteenth day of March, 1820, and 
is thereby declared to be one of the United States of America, and admitted 
into the Union on an equal footing with the original states in all respects 
whatever. 
     2. The constitution of this state was adopted October 29th, 1819. The 
powers of the government are vested in three distinct departments, the 
legislative, executive and judicial. 
     3.-1. The legislative power is vested in two distinct branches, a 
house of representatives and senate, each to have a negative on the other, 
and both to be styled The legislature of Maine. 1. The house of 
representatives is to consist of not less than one hundred, nor more than 
two hundred members; to be apportioned among the counties according to law; 
to be elected by the qualified electors for one year from the next day 
preceding the annual meeting of the legislature. 2. The senate consists of 
not less than twenty, nor more than thirty-one members, elected at the same 
time, and for the same term, as the representatives, by the qualified 
electors of the districts into which the state shall, from time to time, be 
divided. Art. 4, part 2, s. 1. The veto power is given to the governor, by 
art. 4, part 3, s. 2. 
     4.-2. The supreme executive power of the state is vested in a 
governor, who is elected by the qualified electors, and holds his office one 
year from the first Wednesday of January in each year. On the first 
Wednesday of January annually, seven persons, citizens of the United States, 
and resident within the state, are to be elected by joint ballot of the 
senators and representatives in convention, who are called the council. This 
council is to advise the governor in the executive part of government, art. 
5, part 2, s. 1 and 2. 
     5.-3. The judicial power of the State is distributed by the 6th 
article of the constitution as follows: 
     6.-1. The judicial power of this state shall be vested in a supreme 
judicial court, and such other courts as the legislature shall, from time to 
time, establish. 
     7.-2. The justices of the supreme judicial court shall, at stated 
times, receive a compensation, which shall not be diminished during their 
continuance in office, but they shall receive no other fee or reward. 
     8.-3. They shall be obliged to give their opinion upon important 
questions of law, and upon solemn occasions, when required by the governor, 
council, senate, or house of representatives. 
     9.-4. All judicial officers; except justices of the peace, shall hold 
their offices during good behaviour, but not beyond the age of seventy 
years. 
    10.-5. Justices of the peace and notaries public shall hold their 
offices during seven years, if they so long behave themselves well, at the 
expiration of which term, they may be re-appointed, or others appointed, as 
the public interest may require. 
    11.-6. The justices of the supreme judicial court shall bold no office 
under the United States, nor any state, nor any other office under this 
state, except that of justice of the peace. 
     For a history of the province of Maine, see 1 Story on the Const. Sec. 
82. 

MAINOUR, crim. law. The thing stolen found in the hands of the thief who has 
stolen it; hence when a man is found with property which he has stolen, he 
is said to be taken with the mainour, that is, it is found in his hands. 
     2. Formerly there was a distinction made between a larceny, when the 
thing stolen was found in the hands of the criminal, and when the proof 
depended upon other circumstances not quite so irrefragable; the former 
properly was termed pris ove maynovere, or ove mainer, or mainour, as it is 
generally written. Barr. on the Stat. 315, 316, note: 

MAINPERNABLE. Capable of being bailed; one for whom bail may be taken; 
bailable. 

MAINPERNORS, English law. Those persons to whom a man, is delivered out of 
custody or prison, on their becoming bound for his appearance. 
     2. Mainpernors differ from bail: a man's bail may imprison or surrender 
him up before the stipulated day of appearance; mainpernors can do neither, 
but are merely sureties for his appearance at the day; bail are only 
sureties that the party be answerable for all the special matter for which 
they stipulate; mainpernors are bound to produce him to answer all charges 
whatsoever. 3. Bl. Com. 128; vide Dane's Index, h.t. 

MAINPRISE, Eng. law. The taking a man into friendly custody, who might 
otherwise be committed to prison, upon security given for his appearance at 
a time and place assigned. Wood's Inst. B. 4, c. 4. 
     2. Mainprise differs from bail in this, that a man's mainpernors are 
barely his sureties, and cannot imprison him themselves to secure his 
appearance, as his bail may, who are looked upon as his gaolers, to whose 
custody he is committed.. 6 Mod. 231; 7 Mod. 77, 85, 98; Ld. Raym. 606; Bac. 
Ab. Bail in Civil Cases; 4 Inst. 180. Vide Mainpernors. Writ of Mainprise; 
and 15 Vin. Ab. 146; 3 Bl. Com. 128. 

MAINTENANCE, crimes. A malicious, or at least, officious interference in a 
suit in which the offender has no interest, to assist one of the parties to 
it against the other, with money or advice to prosecute or defend the 
action, without any authority of law. 1 Russ. Cr. 176. 
     2. But there are many acts in the nature of maintenance, which become 
justifiable from the circumstances under which they are done. They may be 
justified, 1. Because the party has an interest in the thing in variance; as 
when he has a bare contingency in the lands in question, which possibly may 
never come in esse. Bac. Ab. h.t. 2. Because the party is of kindred or 
affinity, as father, son, or heir apparent, or husband or wife. 3. Because 
the relation of landlord and tenant or master and servant subsists between 
the party to the suit and the person who assists him. 4. Because the money 
is given out of charity. 1 Bailey, S. C. Rep. 401. 5. Because the person 
assisting the party to the suit is an attorney or counsellor: the assistance 
to be rendered must, however, be strictly professional, for a lawyer is not 
more justified in giving his client money than another man. 1 Russ. Cr. 179. 
Bac. Ab Maintenance: Bro. Maintenance. This offence is punishable by fine 
and imprisonment. 4 Black Com. 124; 2 Swift's Dig. 328; Bac. Ab. h.t. Vide 3 
Hawks, 86; 1 Greenl. 292; 11 Mass. 553, 6 Mass. 421; 5 Pick. 359; 5 Monr. 
413; 6 Cowen, 431; 4 Wend. 806; 14 John. R. 124; 3 Cowen, 647; 3 John. Ch. 
R. 508 7 D. & R. 846; 5 B. & C. 188. 

MAINTENANCE, quasi contracts. The support which one person, who is bound by 
law to do so, gives to another for his living; for example, a father is 
bound to find maintenance for his children; and a child is required by law 
to maintain his father or mother when they cannot support themselves, and he 
has ability to maintain them. 1 Bouv. Inst. n. 284-6. 

MAINTAINED, pleadings. This is a technical word, indispensable in an 
indictment for maintenance, which no other word or circumlocution will 
supply. 1 Wils. 325. 

MAINTAINORS, criminal law. Those who maintain or support a cause depending 
between others, not being retained as counsel or attorney. For this they may 
be fined and imprisoned. 2 Swift's Dig. 328; 4 Bl. Com. 124; Bac. Ab. 
Barrator. 

MAISON DE DIEU. House of God. In England the term, borrowed from the French, 
signified formerly a hospital, an almshouse, a monastery. 39 Eliz. c. 5. 

MAJESTY. Properly speaking, this term can be applied only to God, for it 
signifies that which surpasses all things in grandeur and superiority. But 
it is used to kings and emperors, as a title of honor. It sometimes means 
power, as when we say, the majesty of the people. See, Wolff, Sec. 998. 

MAJOR, persons. One who has attained his full age, and has acquired all his 
civil rights; one who is no longer a minor; an adult. 

MAJOR. Military language. The lowest of the staff officers; a degree higher 
than captain. 

MAJOR GENERAL. A military officer, commanding a division or number of 
regiments; the next in rank below a lieutenant general. 

MAJORES. The male ascendant beyond the sixth degree were so called among the 
Romans, and the term is still used in making genealogical tables. 

MAJORITY, persons. The state or condition of a person who has arrived at 
full age. He is then said to be a major, in opposition to minor, which is 
his condition during infancy. 

MAJORITY, government. The greater number of the voters; though in another 
sense, it means the greater number of votes given in which sense it is a 
mere plurality. (q.v.) 
     2. In every well regulated society, the majority has always claimed and 
exercised the right to govern the whole society, in the manner pointed out 
by the fundamental laws and the minority are bound, whether they have 
assented or not, for the obvious reason that opposite wills cannot prevail 
at the same time, in the same society, on the same subject. 1 Tuck. Bl. Com. 
App. 168, 172; 9 Dane's Ab. 37 to 43; 1 Story, Const. Sec. 330. 
     3. As to the rights of the majority of part owners of vessels, vide 3 
Kent, Com. 114 et seq. As to the majority of a church, vide 16 Mass. 488. 
     4. In the absence of all stipulations, the general rule in partnerships 
is, that each partner has an equal voice, and a majority acting bonafide, 
have the right to manage the partnership concerns, and dispose of the 
partnership property, notwithstanding the dissent of the minority; but in 
every case when the minority have a right to give an opinion, they ought to 
be notified. 2 Bouv. Inst. n. 1954. 
     5. As to the majorities of companies or corporations, see Angel, Corp. 
48, et seq.;  3 M. R. 495. Vide, generally, Rutherf. Inst. 249; 9 Serg. & 
Rawle, 99; Bro. Corporation, pl. 63; 15 Vin. Abr. 183, 184; and the article 
Authority; Plurality; Quorum. 

TO MAKE. English law. To perform or execute; as to make his law, is to 
perform that law which a man had bound himself to do; that is, to clear 
himself of an action commenced against him, by his oath, and the oaths of 
his neighbors. Old Nat. Br. 161. To make default, is to fail to appear in 
proper time. To make oath, is to swear according to the form prescribed by 
law. 

MAKER. This term is applied to one who makes a promissory note and promises 
to pay it when due. He who makes a bill of exchange is called the drawer, 
and frequently in common parlance and in books of Reports we find the word 
drawer inaccurately applied to the maker of a promissory note. See 
Promissory note. 

MAKING HIS LAW. A phrase used to denote the act of a person who wages his 
law. Bac. Ab. Wager of law, in pr. 

MALA FIDES. Bad faith. It is opposed to bona fides, good faith.

MALA PRAXIS, crim. law. A Latin expression, to signify bad or unskillful 
practice in a physician or other professional person, as a midwife, whereby 
the health of the patient is injured. 
     2. This offence is a misdemeanor (whether it be occasioned by curiosity 
and experiment or neglect) because, it breaks the trust which the patient 
has put in the physician, and tends directly to his destruction. 1 Lord 
Raym. 213. See forms of indictment for mala praxis, 3 Chitty Crim. Law, 863; 
4 Wentw. 360; Vet. Int. 231; Trem. 242. Vide also, 2 Russ. on Cr. 288; 1 
Chit. Pr. 43; Com. Dig. Physician; Vin. Ab. Physician. 
     3. There are three kinds of mal practice. 1. Willful mal practice, which

takes place when the physician purposely administers medicines or performs 
an operation which he knows and expects will result in danger or death to 
the individual under his care; as, in the case of criminal abortion. 
     4.-2. Negligent mal practice, which comprehends those cases where 
there is no criminal or dishonest object, but gross negligence of that 
attention which the situation of the patient requires: as if a physician 
should administer medicines while in a state of intoxication, from which 
injury would arise to his patient. 
     5.-3. Ignorant mal practice, which is the administration of 
medicines, calculated to do injury, which do harm, and which a well educated 
and scientific medical man would know were not proper in the case. Besides 
the public remedy for mal practice, in many cases the party injured may 
bring a civil action. 5 Day's R. 260; 9 Conn. 209. See M. & Rob. 107; 1 
Saund. 312, n. 2; l Ld. Raym. 213; 1 Briand, Med. Leg. 50; 8 Watts, 355; 9 
Conn. 209. 

MALA PROHIBITA. Those things which are prohibited by law, and therefore 
unlawful. 
     2. A distinction was formerly made in respect of contracts, between 
mala prohibita and mala in se; but that distinction has been exploded, and, 
it is now established that when the provisions of an act of the legislature 
have for their object the protection of the public, it makes no difference 
with respect to contracts, whether the thing be prohibited absolutely or 
under a penalty. 5 B. & A 5, 340; 10 B. & C. 98; 3 Stark. 61; 13 Pick. 518; 
2 Bing. N. C. 636, 646. 

MALE. Of the masculine sex; of the sex that begets young; the sex opposed to 
the female. Vide Gender; Man; Sex; Worthiest of blood. 

MALEDICTION, Eccl. law. A curse which was anciently annexed to donations 
of lands made to churches and religious houses, against those who should 
violate their rights. 

MALEFACTOR. He who bas been guilty of some crime; in another sense, one who 
has been convicted of having committed a crime. 

MALEFICIUM, civil law. Waste, damage, torts, injury. Dig. 5, 18, 1. 

MALFEASANCE, contracts, torts. The unjust performance of some act which the 
party had no right, or which he had contracted not to do. It differs from 
misfeasance, (q.v.) and nonfeasance. (q.v.) Vide 1 Chit. Pr. 9; 1 Chit. Pl. 
134. 

MALICE, crim. law. A wicked intention to do an injury. 4 Mason, R. 115, 505: 
1 Gall. R. 524. It is not confined to the intention of doing an injury to 
any particular person, but extends to an evil design, a corrupt and wicked 
notion against some one at the time of committing the crime; as, if A 
intended to poison B, conceals a quantity of poison in an apple and puts it 
in the way of B, and C, against whom he had no ill will, and who, on the 
contrary, was his friend, happened to eat it, and die, A will be guilty of 
murdering C with malice aforethought. Bac. Max. Reg. 15; 2 Chit. Cr. Law, 
727; 3 Chit. Cr. Law,. 1104. 
     2. Malice is express or implied. It is express, when the party evinces 
an intention to commit the crime, as to kill a man; for example, modern 
duelling. 3 Bulst. 171. It is implied, when an officer of justice is killed 
in the discharge of his duty, or when death occurs in the prosecution of 
some unlawful design. 
     3. It is a general rule that when a man commits an act, unaccompanied 
by any circumstance justifying its commission, the law presumes he has acted 
advisedly and with an intent to produce the consequences which have ensued. 
3 M. & S. 15; Foster, 255; 1 Hale, P. C. 455; 1 East, P. C. 223 to 232, and 
340; Russ. & Ry. 207; 1 Moody, C. C. 263; 4 Bl. Com. 198; 15 Vin. Ab. 506; 
Yelv. 105 a; Bac. Ab. Murder and Homicide, C 2. Malice aforethought is 
deliberate premeditation. Vide Aforethought. 

MALICE, torts. The doing any act injurious to another without a just cause. 
     2. This term, as applied to torts, does not necessarily mean that which 
must proceed from a spiteful, malignant, or revengeful disposition, but a 
conduct injurious to another, though proceeding from an ill-regulated mind 
not sufficiently cautious before it occasions an injury to another. 11 S. & 
R. 39, 40. 
     3. Indeed in some cases it seems not to require any intention in order 
to make an act malicious. When a slander has been published, therefore, the 
proper question for the jury is, not whether the intention of the 
publication was to injure the plaintiff, but whether the tendency of the 
matter published, was so injurious. 10 B. & C. 472: S. C. 21 E. C. L. R. 
117. 
     4. Again, take the common case of an offensive trade, the melting of 
tallow for instance; such trade is not itself unlawful, but if carried on to 
the annoyance of the neighboring dwellings, it becomes unlawful with respect 
to them, and their inhabitants may maintain an action, and may charge the 
act of the defendant to be malicious. 3 B. & C. 584; S. C. 10 E. C. L. R. 
179. 

MALICE AFORETHOUGHT, pleadings. In an indictment for murder, these words, 
which have a technical force, must be used in charging the offence; for 
without them, and the artificial phrase murder, the indictment will be taken 
to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, 
and the authorities and cases there cited. 
     2. Whenever malice aforethought is necessary to constitute the offence, 
these words must be used in charging the crime in the indictment. 2 Chit. 
Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91. 

MALICIOUS. With bad, and unlawful motives; wicked. 

MALICIOUS ABANDONMENT. The forsaking without a just cause a husband by the 
wife, or a wife by her husband. Vide Abandonment, Malicious. 

MALICIOUS MISCHIEF. This expression is applied to the wanton or reckless 
destruction of property, and the willful perpetration of injury to the 
person. Alis. Prin. 448; 3 Dev. & Batt. 130; 8 Leigh, 719; 5 Ired. R. 364; 8 
Port. 447; 2 Metc. 21; 3 Greenl. 177. 

MALICIOUS PROSECUTION, or MALICIOUS ARREST, torts, or remedies. These terms 
import a wanton prosecution or arrest, made by a prosecutor in a criminal 
proceeding, or a plaintiff in a civil suit, without probable cause, by a 
regular process and proceeding, which the facts did not warrant, as appears 
by the result. 
     2. This definition will be analysed by considering, 1. The nature of 
the prosecution or arrest. 2. Who is liable under it. 3. What are malice and 
probable cause. 4. The proceedings. 5. The result of the prosecution and 
afterwards, 6. The remedy. 
     3.-Sec. 1. Where the defendant commenced a criminal prosecution 
wantonly and in other respects against law, he will be responsible. Addis. 
R. 270; 12 Conn. 219. The prosecution of a civil suit, when malicious, is a 
good cause of action, even when there has been no arrest. 1 P. C. C. 210; 11 
Conn. 582; 1 Wend. 345. But no action lies for commencing a civil action, 
though without sufficient cause. 1 Penna. R. 235. 
     4.-Sec. 2. The action lies against the prosecutor and even against a 
mere informer, when the proceedings are malicious. 5 Stew. & Port. 367. But 
grand jurors are not liable to an action for a malicious prosecution, for 
information given by them to their fellow jurors, on which a prosecution is 
founded. Hardin, 556. Such action lies against a plaintiff in a civil action 
who maliciously sues out the writ and prosecutes it; 16 Pick. 453; but an 
action does not lie against an attorney at law for bringing the action, when 
regularly employed. 16 Pick. 478. See 6 Pick. 193. 
     5.-Sec. 3. There must be malice and want of probable cause. 1 Wend. 
140, 345; 7 Cowen, 281; 2 P. A. Browne, Appx. xlii; Cooke, 90; Litt. Sel. 
Cas. 106; 4 Litt. 334; 3 Gil. & John. 377; 1 N. & M. 36; 12 Conn. 219; 3 
Call. 446; 2 Hall, 315; 3 Mason, 112, 2 N. & M. 54,143. See Malice; Probable 
cause. 
     6.-Sec. 4. The Proceedings under which the original prosecution or 
action was held, must have been regular, in the ordinary course of justice, 
and before a tribunal having power to ascertain the truth or falsity of the 
charge, and to punish the supposed offender, the now plaintiff. 3 Pick. 379, 
383. When the proceedings are irregular, the prosecutor is a trespasser. 3 
Blackf. 210. See Regular and irregular process. 
     7.-Sec. 5. The malicious prosecution or action must be ended, and the 
plaintiff must show it was groundless, either by his acquittal or by 
obtaining a final judgment in his favor in a civil action. 1 Root, R. 553; 1 
N. & M. 36; 2 N. & M. 54, 143; 7 Cowen, 715; 2 Dev. & Bat. 492. 
     8.-Sec. 6. The remedy for a malicious prosecution is an action on the 
case to recover damages for the injury sustained. 5 Stew. & Porter, 367; 2 
Conn. 700; 11 Mass 500; 6 Greenl. 421; 3 Gill. & John. 377. See Case; 
Regular and irregular process. 
     See, generally, Bull. N. P. 11; 1 Saund. 228; 12 Mod. 208; 1 T. R. 493 
to 551;  Bac. Ab. Actions on the case, H; Bouv. Inst. Index, h.t. 

MALUM IN SE. Evil in itself.  
     2. An offence malum in se is one which is naturally evil, as murder, 
theft, and the like; offences at common law are generally mala in sese. 
     3. An offence malum prohibitum, on the contrary, is not naturally an 
evil, but becomes so in consequence of its being forbidden; as playing at 
games, which being innocent before, have become unlawful in consequence of 
being forbidden. Vide Bac. Ab. Assumpsit, A, note; 2 Rolle's Ab. 355. 

MALVEILLES. Ill-will. In some ancient records this word signifies malicious 
practices, or crimes and misdemeanors. 

MALVERSATION, French law. This word is applied to all punishable faults 
committed in the exercise of an office, such as corruptions, exactions, 
extortions and larceny. Merl. Repert. h.t. 

MAN. A human being. This definition includes not only the adult male sex of 
the human species, but women and children; examples: "of offences against 
man, some are more immediately against the king, other's more immediately 
against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the 
life of man come  under the general name of homicide, which in our law 
signifies the killing of a man by a man." Id. book 1, c. 8, s. 2. 
     2. In a more confined sense, man means a person of the male sex; and 
sometimes it signifies a male of the human species above the age of puberty. 
Vide Rape. It was considered in the civil or Roman law, that although man 
and person are synonymous in grammar, they had a different acceptation in 
law; all persons were men, but all men, for example, slaves, were not 
persons, but things. Vide Barr. on the Stat. 216, note. 

MANAGER. A person, appointed or elected to manage the affairs of another, 
but the term is more usually applied to those officers of a corporation who 
are authorized to manage its affairs. 1 Bouv. Inst. n. 190. 
     2. In banking corporations these officers are commonly called 
directors, and the power to conduct the affairs of the company, is vested in 
a board of directors. In other private corporations, such as railroad 
companies, canal, coal companies, and the like, these officers are called 
managers. Being agents, when their authority is limited, they have no power 
to bind their principal beyond such authority. 17 Mass. R. 29; 1 Greenl. R. 
81. 
     3. The persons appointed on the part of the house of representatives to 
prosecute impeachments before the senate, are called managers. 

MANBOTE. In a barbarous age, when impunity could be purchased with money, 
the compensation which was paid for homicide was called manbote. 

MANCIPATIO, civil law. The act of transferring things called res mancipi. 
(q.v.) This is effected in the presence of not less than five witnesses, 
who must be Roman citizens and of the age of puberty, and also in the 
presence of another person of the same condition, who holds a pair of brazen 
scales, and hence is called Libripens. The purchaser (qui mancipio accipit) 
taking hold of the thing, says I affirm that this slave (homo) is mine, ex 
jure quiritium, and he is purchased by me with this piece of money (sas) and 
brazen scales. He then strikes the scales with the piece of money and gives 
it to the seller as a symbol of the price (quasi pretii loco.) The purchaser 
or person to whom the mancipatio was made did not acquire the possession of 
the mancipatio; for the acquisition of possession was a separate act. Gaius. 
1, 119; Id. iv. 181. 
     Both mancipatio and in jure cessio existed before the twelve tables. 
Frag. Vat. 50. Mancipation no longer existed in the code of Justinian, who 
took away all distinction between res mancipi and nec mancipi. Smith's Dict. 
Gr. & Rom. Antiq. Verb. Mancipium; Coop. Jus. 442. 

MANDAMUS, practice. The name of a writ, the principal word of which when the 
proceedings were in Latin, was mandamus, we command. 
     2. It is a command issuing in the name of the sovereign authority from 
a superior court having jurisdiction, and is directed to some person, 
corporation, or, inferior court, within the jurisdiction of such superior 
court, requiring them to do some particular thing therein specified, which 
appertains to their office and duty, and which the superior court has 
previously determined, or at least supposes to be consonant to right and 
justice. 20 Pick. 484; 21 Pick. 258; Dudley, 37; 4 Humph. 437. 
     3. Mandamus is not a writ of right, it is not consequently granted of 
course, but only at the discretion of the court to whom the application for 
it is made; and this discretion is not exercised in favor of the applicant, 
unless some just and useful purpose may be answered by the writ. 2 T. R. 
385; 1 Cowen's R. 501; 11 Shepl. 151; 1 Pike, 11. 
     4. This writ was introduced to prevent disorders from a failure of 
justice; therefore it ought to be used upon all occasions where the law has 
established no specific remedy, and where in justice and good government 
there ought to be one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4 
Pick. 68; 10 Pick. 235, 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke, 
160; 1 Wend. 318; 5 Pet. 190; 1 Caines, R. 511; John. Cas. 181; 12 Wend. 
183; 8 Pet. 291; 12 Pet. 524; 2 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5 
Watts. 152; 2 H. & M. 132; 3 H. & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn. 
243; 2 Virg. Cas. 499; 5 Call. 548. Mandamus will not lie where the law has 
given another specific remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417; 
Coleman, 117; 1 Pet. 567; 2 Cowen, 444; 2 McCord, 170; Minor, 46; 2 Leigh, 
165; Const. Rep. 165, 175, 703. 
     5. The 13th section of the act of congress of September, 24, 1789, 
gives the supreme court power to issue writs of mandamus in cases warranted 
by the principles and usages of law, to any courts appointed or persons 
holding office, under the authority of the United States. The issuing of a 
mandamus to courts, is the exercise of an appellate jurisdiction, and, 
therefore constitutionally vested in the supreme court; but a mandamus 
directed to a public officer, belongs to original jurisdiction, and by the 
constitution, the exercise of original jurisdiction by the supreme court is 
restricted to certain specified cases, which do not comprehend a mandamus. 
The latter clause of the above section, authorizing this writ to be issued 
by the supreme court, to persons holding office under the authority of the 
United States, is, therefore, not warranted by the constitution, and void. 1 
Cranch, R. 175. 
     6. The circuit courts of the United States may also issue writs of 
mandamus, but their power in this particular, is confined exclusively to 
those cases in which it may be necessary to the exercise of their 
jurisdiction. 7 Cranch, R. 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide, 
generally, 3 Bl. Com. 110; Com. Dig. h. t; Bac. Ab. h.t.; Vin. Ab. h.t.; 
Selw. N. P. h.t.; Chit. Pr. h.t.; Serg. Const. Index, h.t.; Ang. on Corp. 
Index, h.t.; 3 Chit. Bl. Com. 265 n. 7; 1 Kent. Com. 322; Dane's Ab. Index, 
h.t.; 6 Watts & Serg. 386, 397; Bouv. Inst. Index, h.t.; and the article 
"Courts of the United States." 

MANDANT. The principal in the contract of mandate is so called. Story, Ag. 
Sec. 337. 

MANDATARIUS. One who is entrusted with and undertakes to perform a mandate. 
This word is used by the civilians in the same sense that we use mandatary. 
Poth. du Mandat, n. 1. 

MANDATARY, contracts. One who undertakes to perform a mandate. Jones' Bailm. 
53; Story on Bailm. 38. Dr. Halifax calls him mandatee. Halif. Anal. Civ. 
Law, 70, Sec. 16, 17. 
     2. It is the duty of a mere mandatory, it is said, to take ordinary 
care of the property entrusted to him. Vide Negligence. But it has been held 
that he is liable only for gross negligence. 14 S. & R. 275; 2 Hawks, R. 
145; 2 Murph. R. 373; 3 Dana, R. 205; 3 Mason, R. 132; 11 Wend, R. 25; 
Wright, R. 598; 1 Bouv. 1st. n. 1073. 

MANDATE, practice. A judicial command or precept issued by a court or 
magistrate, directing the proper officer to enforce a judgment, sentence or 
decree. Jones'. Bailm. 52; Story on Bailm. Sec. 137. 

MANDATE. Mandatum or commission, contracts. Sir William Jones defines a 
mandate to be a bailment of goods without reward, to be carried from place 
to place, or to have some act performed about them. Jones' Bailm. 52; 2 Ld. 
Raym. 909, 913. This seems more properly an enumeration of the various sorts 
of mandates than a definition of the contract. According to Mr. Justice 
Story, it is a bailment of personal property, in regard to which the bailee 
engages to do some act without reward. Bailm. Sec. 137. And Mr. Chancellor 
Kent defines it to be when one undertakes, without recompense, to do some 
act for the other in respect to the thing bailed. Comm. 443. See, for other 
definitions, Story on Bailm. Sec. 137; Pothier, Pand. lib. 17, tit. 1; 
Wood's Civ. Law, B. 3, c. 5, p. 242; Halifax's Anal. of the Civ. Law, 70,; 
Code of Louis. art. 2954; Code Civ. art. 1984; 1 Bouv. Inst. n. 1068. 
     2. From the very term of the definition, three things are necessary to 
create a mandate. First, that there should exist something which should be 
the matter of the contract; secondly, that it should be done gratuitously; 
and thirdly, that the parties. should voluntarily intend to enter into the 
contract. Poth. Pand. Lib. 17, tit. 1, p. 1, Sec. 1; Poth. Contr. de Mandat, 
c. 1, Sec. 2. 
     3. There is no particular form or manner of entering into the contract 
of mandate, prescribed either by the common law, or by the civil law, in 
order to give it validity. It may be verbal or in writing; it may be express 
or implied it may be in solemn form or in any other manner. Story on Bailm. 
Sec. 160. The contract may be varied at the pleasure of the parties. It may 
be absolute or conditional, general or special, temporary or permanent. 
Wood's Civ. Law, 242; 1 Domat, B. 1. tit. 15, Sec. 1, 6, 7, 8; Poth. Contr. 
de Mandat, c. 1, Sec. 3, n. 34, 35, 36. 
     4. As to the degree of diligence which the mandatory is bound to 
exercise, see Mandatory; Negligence; Pothier, Mandat, h. t; Louis. Code, 
tit. 15 Code Civ. t. 13, c. 2 Story on Bailm. Sec. 163 to 195; 1 Bouv. Inst. 
n. 1073. 
     5. As to the duties and obligations of the mandator, see Story on 
Bailm. 196 to 201; Code Civ. tit. 13, c. 3; Louis. Code, tit. 15, c. 4; 1 
Bouv. Inst. n. 1074. 
     6. The contract of mandate may be dissolved in various ways: 1. It may 
be dissolved by the mandatary at any time before he has entered upon its 
execution; but in this case, as indeed in all others, where the contract is 
dissolved before the act is done which the parties intended, the property 
bailed is to be restored to the mandator. 
     7.-2. It may be dissolved by the death of the mandatory; for, being 
founded in personal confidence, it is not presumed to pass to his 
representatives, unless there is some special stipulation to that effect. 
But this principally applies to cases where the mandate remains wholly 
unexecuted; for if it be in part executed, there may in some cases, arise a 
personal obligation on the part of the representatives to complete it. Story 
on Bailm. Sec. 202.; 2 Kent's Com. 504, Sec. 4; Pothier, Mandat, c. 4, Sec. 
1, n. 101. 
     8. Whenever the trust is of a nature which requires united, advice, 
confidence and skill of all, and is deemed a joint personal trust to all, 
the death of one joint mandatary dissolves the contract as to all. See Story 
on Bailm. Sec. 202; Co. Litt. 112, b; Id. 181, b; Com. Dig. Attorney, C 8;  
Bac. Abr. Authority, C; 2 Kent's Com. 504 7 Taunt. 403. 
     9. The death of the mandator, in like manner, puts an end to the 
contract. See 2 Mason's R. 342; 8 Wheat. R. 174; 2 Kent's Com. 507; 1 Domat, 
B. 1, tit. 15, Sec. 4, n. 6, 7, 8; Pothier, Contract de Mandat, c. 4, Sec. 
2, n. 103. But although an unexecuted mandate ceases with the death of the 
mandator, yet, if it be executed in part at that time, it is binding to that 
extent, and his representatives must indemnify the mandatory. Story on 
Bailm. Sec. 204, 205. 
    10.-3. The contract of mandate may be dissolved by a change in the 
state of the parties; as if either party becomes insane, or, being a woman, 
marries before the execution of the mandate. Story on Bailm. Sec. 206; 2 
Rop. on H. & W., 69, 73; Salk. 117; Bac. Abr. Baron and Feme, E; 2 Kent's 
Com. 506, 
    11.-4. It may be dissolved by a revocation of the authority, either by 
operation of law, or by the act of the mandator. 
    12. It ceases by operation of law when the power of the mandator ceases 
over the subject-matter; as, if he be a guardian, it ceases, as to his 
ward's property, by the termination of the guardianship. Pothier, Contract 
de Mandat, c. 4, Sec. 4, n. 112. 
    13. So, if the mandator sells the property, it ceases upon the sale, if 
it be made known to the mandatory. 7 Ves. Jr. 276; Story on Bailm. Sec. 207. 
    14. By the civil law the contract of mandate ceases by the revocation of 
the authority. Story on Bailm. Sec. 208; Code Civ. art. 2003 to 2008; Louis, 
Code, art. 2997. 
    15. At common law, the party giving an authority is generally entitled 
to revoke it. See 5 T. R. 215; Wallace's R. 126; 5 Binn. 316. But, if it be 
given as a part of a security, as if a letter of attorney be given to 
collect a debt, as a security for money advanced, it is irrevocable by the 
party, although revoked by death. 2 Mason's R. 342; 8 Wheat. 174; 2 Esp. R. 
365; 7 Ves. 28; 2 Ves. & Bea. 51; 1 Stark. R. 121; 4 Campb. 272. 

MANDATE, civil law. Mandates were the instructions which the emperor 
addressed to public functionaries, which were to serve as rules for their 
conduct. 2. These mandates resembled those of the pro-consuls, the mandata 
jurisdictio, and were ordinarily binding on the legates or lieutenants of 
the emperor of the imperial provinces, and, there they had the authority of 
the principal edicts. Sav. Dr. Rom. ch. 3, Sec. 24, n. 4. 

MANDATOR, contracts. The person employing another to perform a mandate. 
Story on Bailm. Sec. 138; 1 Brown, Civ. Law, 382; Halif. Anal. Civ. Law, 70. 

MANDAVI BALLIVO, English law. The return made by a sheriff, when he has 
committed the execution of a writ to a bailiff of a liberty, who has the 
right to execute the writ. 

MANHOOD. The ceremony of doing homage by the vassal to his lord was 
denominated homagium or manhood, by the feudists. The formula used was 
devenio vester homo, I become you Com. 54. See Homage. 

MANIA, med. jur. This subject will be considered by examining it, first, in 
a medical point of view; and, secondly, as to its legal consequences. 
     2.-Sec. 1. Mania may be divided into intellectual and moral. 
     1. Intellectual mania is that state of mind which is characterised by 
certain hallucinations, in which the patient is impressed with the reality 
of facts or events which have never occurred, and acts in accordance with 
such belief; or, having some notion not altogether unfounded, carries it to 
an extravagant and absurd length. It may be considered as involving all or 
most of the operations of the understanding, when it is said to be general; 
or as being confined to a particular idea, or train of ideas, when it is 
called partial. 
     3. These will be separately examined. 1st. General intellectual mania 
is a disease which presents the most chaotic confusion into which the human 
mind, can be involved, and is attended by greater disturbance of the 
functions of the body than any other. According to Pinel, Traite 
d'Alienation Mentale, p. 63, "The patient sometimes keeps his head elevated 
and his looks fixed on. high; he speaks in a low voice, or utters cries and 
vociferations without any apparent motive; he walks to and fro, and 
sometimes arrests his steps as if fixed by the sentiment of admiration, or 
wrapt up in profound reverie. Some insane persons display wild excesses of 
merriment, with immoderate bursts of laughter. Sometimes also, as if nature 
delighted in contrasts, gloom and taciturnity prevail, with involuntary 
showers of tears, or the anguish of deep sorrow, with all the external signs 
of acute mental suffering. In certain cases a sudden reddening of the eyes 
and excessive loquacity give presage of a speedy explosion of violent 
madness and the urgent necessity of a strict confinement. One lunatic, after 
long intervals of calmness, spoke at first with volubility, uttered frequent 
shouts of laughter, and then shed a torrent of tears; experience had taught 
the necessity of shutting him up immediately, for his paroxysms were at such 
times of the greatest violence. "Sometimes, however, the patient is not 
altogether devoid of intelligence; answers some questions very 
appropriately, and is not destitute of acuteness and ingenuity. The 
derangement in this form of mania is not confined to the intellectual 
faculties, but not unfrequently extends to the moral powers of the mind. 
     4.-2d. Partial intellectual mania is generally known by the name of 
monomania. (q.v.) In its most usual and simplest form, the patient has 
conceived some single notion contrary to common sense and to common 
experience, generally dependent on errors of sensation; as, for example, 
when a person believes that he is made of glass, that animals or men have 
taken their abode in his stomach or bowels. In these cases the understanding 
is frequently found to be sound on all subjects, except those connected with 
the hallucination. Sometimes, instead of being limited to a single point, 
this disease takes a wider range, and there is a class of cases, where it 
involves a train of morbid ideas. The patient then imbibes some notions 
connected with the various relations of persons, events, time, space, &c., 
of the most absurd and unfounded nature, and endeavors, in some measure, to 
regulate his conduct accordingly; though, in most respects, it is grossly 
inconsistent with his delusion. 
     5. Moral mania or moral insanity, (q.v.) is divided into, first, 
general, where all the moral faculties are subject to a general disturbance 
and secondly, partial, where one or two only of the moral powers are 
perverted. 
     6. These will be briefly and separately examined. 1st. It is certain 
that many individuals are living at large who are affected, in a degree at 
least, by general moral mania. They are generally of singular habits, 
wayward temper, and eccentric character; and circumstances are frequently 
attending them which induce a belief that they are not altogether sane. 
Frequently there is a hereditary tendency to madness in the family; and, not 
seldom, the individual himself has at a previous period of life sustained an 
attack of a decided character: his temper has undergone a change, he has 
become an altered man, probably from the  time of the occurrence of 
something which deeply affected him, or which deeply affected his bodily 
constitution. Sometimes these alterations are imperceptible, at others, they 
are sudden and immediate. Individuals afflicted with this disease not 
unfrequently "perform most of the common duties of life with propriety, and 
some of them, indeed, with scrupulous exactness, who exhibit no strongly 
marked features of either temperament, no traits of superior or defective 
mental endowment, but yet take violent antipathies, harbor unjust 
suspicions, indulge strong propensities, affect singularity in dress, gait, 
and phraseology; are proud, conceited, and ostentatious; easily excited and 
with difficulty appeased; dead to sensibility, delicacy, and refinement; 
obstinately riveted to the most absurd opinions; prone to controversy, and 
yet incapable of reasoning; always the hero of their own tale, using 
hyperbolic, high flown language to express the most simple ideas, 
accompanied by unnatural gesticulation, inordinate action, and frequently by 
the most alarming expression of countenance. On some occasions they suspect 
sinister intentions on the most trivial grounds; on others are a prey to 
fear and dread from the most ridiculous and imaginary sources; now embracing 
every opportunity of exhibiting romantic courage and feats and hardihood, 
then indulging themselves in all manner of excesses. Persons of this 
description, to the casual observer, might appear actuated by a bad heart, 
but the experienced physician knows it is the head which is defective. They 
seem as if constantly affected by a greater or less degree of stimulation 
from intoxicating liquors, while the expression of countenance furnishes an 
infallible proof of mental disease. If subjected to moral restraint, or a 
medical regimen, they yield with reluctance to the means proposed, and 
generally refuse and resist, on the ground that such means are unnecessary 
where no disease exists; and when, by the system adopted, they are so far 
recovered, as to be enabled to suppress the exhibition of their former 
peculiarities, and are again fit to be restored to society, the physician, 
and those friends who put them under the physician's care, are generally 
ever after objects of enmity, and frequently of revenge." Cox, see cases of 
this Pract. Obs. on Insanity, kind of madness cited in Ray, Med. Jur. Sec. 
112 to 119; Combe's Moral Philos. lect. 12. 
     7.-2d. Partial moral mania consists in the derangement of one or a 
few of the affective faculties, the moral and intellectual constitution in 
other respects remaining in a sound state. With a mind apparently in full 
possession of his reason, the patient commits a crime, without any 
extraordinary temptation, and with every inducement to refrain from it, he 
appears to act without a motive, or in opposition to one, with the most 
perfect consciousness of the impropriety, of his conduct, and yet he pursues 
perseveringly his mad course. This disease of the mind manifests itself in a 
variety of ways, among which may be mentioned the following: 1. An 
irresistible propensity to steal. 2. An inordinate propensity to lying. 3. A 
morbid activity of the sexual propensity. Vide Erotic Mania. 4. A morbid 
propensity to commit arson. 5. A morbid activity of the propensity to 
destroy. Ray, Med. Jur. ch. 7. 
     8.-Sec. 2. In general, persons laboring under mania are not 
responsible nor bound for their acts like other persons, either in their 
contracts or for their crimes, and their wills or testaments are voidable. 
Vide Insanity; Moral Insanity. 2 Phillim. Eccl. R. 69; 1 Hagg. Cons: R. 414; 
4 Pick. R. 32; 3 Addams, R. 79; 1 Litt. R. 371. 

MANIA A POTU. Insanity arising from the use of spirituous liquors. Vide 
Delirium Tremens. 

MANIFEST, com. law. A written instrument containing a true account of the 
cargo of a ship or commercial vessel. 
     2. The Act of March 2, 1799, s. 23, requires that when goods, wares, or 
merchandise, shall be brought into the United States, from any foreign port 
or place, in any ship or vessel, belonging, in whole or in part to a citizen 
or inhabitant of the United States, the manifest shall be in writing, signed 
by the master of the vessel, and that it shall contain the names of the 
places where the goods in such manifest mentioned, shall have been 
respectively taken on board, and the places within the United States, for 
which they are respectively consigned, particularly noticing the  goods 
destined for each place, respectively; the name, description, and build of 
such vessel, and her true admeasurement or tonnage, the place to which she 
belongs, with the name of each owner, according to her register, the name of 
her master, and a just and particular account of the goods so laden on 
board, whether in package or stowed loose, of any kind whatsoever, with the 
marks and numbers on each package, the numbers and descriptions of the 
packages in words at length, whether leaguer, pipe, butt, puncheon, 
hogshead, barrel, keg, case, bale, pack, truss, chest, box, bandbox, bundle, 
parcel, cask, or package of any kind, describing each by its usual 
denomination; the names of the persons to whom they are respectively 
consigned, agreeably to the bills of lading, unless when the, goods are 
consigned to order, when it shall be so expressed; the names of the several 
passengers on; board, distinguishing whether cabin or steerage passengers, 
or both, with their baggage, specifying the number and description of 
packages belonging to each, respectively; together with an account of the 
remaining sea stores, if any. And if any merchandise be imported, destined 
for different districts, or ports, the quantities and packages thereof shall 
be inserted in successive order in the manifest; and all spirits, wines and 
teas, constituting the whole or any part of the cargo of any vessel, shall 
be inserted in successive order, distinguishing the ports to which they may 
be destined, and the kinds, qualities and quantities thereof; and if 
merchandise be imported by citizens or inhabitants of the United States, in 
vessels other than of the United States, the manifests shall be of the form 
and shall contain the particulars aforesaid, except that the vessel shall be 
specially described as provided by a form in the act. 1 Story's Laws, 593, 
594. 
     3. The want of a manifest, where one is required, or when it is false, 
is severely punished. 

MANIFEST, evidence. That which is clear and requires no proof; that which is 
notorious. See Notoriety. 

MANIFESTO. A solemn declaration, by the constituted authorities of a nation, 
which contains the reasons for its public acts towards another. 
     2. On the declaration of war, a manifesto is usually issued in which 
the nation declaring the war, states the reasons for so doing. Vattel, liv. 
3, c. 4, Sec. 64; Wolff, Sec. 1187. See Anti-Manifesto. 

MANKIND. Persons of the male sex; but in a more general sense, it includes 
persons of both sexes; for example, the statute of 25 Hen. VIII., c. 6, 
makes it felony to commit, sodomy with mankind or beast. Females as well as 
males axe included under the term mankind. Fortesc. 91; Bac. Ab. Sodomy. See 
Gender. 

MANNER AND FORM, pleading. After traversing any allegation in pleading, it 
is usual to say "in manner and form as he has in his declaration in that 
behalf alleged," which is as much as to include in the traverse, not only 
the mere fact opposed to it, but that in the manner and form in which it is 
stated by the other party. These words, however, only put in issue the 
substantial statement of the manner of the fact traversed, and do not extend 
to the time, place, or other circumstances attending it, if they were not 
originally material and necessary to be proved as laid. 3 Bouv. Inst. p. 
297. See Modo et forma. 

MANNOPUS. An ancient word which signifies goods taken in the hands of an 
apprehended thief. 

MANOR, estates. This word is derived from the French manoir, and signifies, 
a house, residence, or habitation. At present its meaning is more enlarged, 
and includes not only a dwelling-house, but also lands. Vide Co. Litt. 58, 
108; 2 Roll. Ab. 121 Merl. Repert. mot Manoir. See Serg. Land Laws of 
Pennsyl. 195. 
     2. By the English law, a manor is a  tract of land originally granted 
by the king to a person of rank, part of which was given by the grantee to 
his followers, and the rest lie retained under the name of his demesnes; 
that which remained uncultivated was called the lord's waste, and served for 
public roads and common of pasture for the lord and his tenants. 

MANSION. This term is synonymous with house. (q.v.) 1 Chit. Pr. 167; 2 T. 
R. 502; 1 Tho. Co. Litt. 215, n. 35; 9 B. & C. 681; S. C. 17 E. C. L. R. 
472, and the cases there cited; Com. Dig. Justices, P 5; 3 Serg. & Rawle, 
199. A portion only of a building may come under the description of a 
mansion-house. 1 Leach, 89, 428; 1 East, P. C. C. 15, s. 19. 2 Bouv. Inst. 
n. 1571, note. 

MANSLAUGHTER, crim. law. The unlawful killing of another without malice 
either express or implied. 4 Bl. Com. 190 1 Hale, P. C. 466. The 
distinctions between manslaughter and murder, consists in the following. In 
the former, though the act which occasions the death be unlawful, or likely 
to be attended with bodily mischief, yet the malice, either express or 
implied, which is the very essence of murder, is presumed to be wanting in 
manslaughter. 1 East, P. C. 218 Foster, 290. 
     2. It also differs from murder in this, that there can be no 
accessaries before the fact, there having been no time for premeditation. 1 
Hale, P. C. 437; 1 Russ. Cr. 485. Manslaughter is voluntary, when it happens 
upon a sudden heat; or involuntary, when it takes place in the commission of 
some unlawful act. 
     3. The cases of manslaughter may be classed as follows those which take 
place in consequence of, 1. Provocation. 2. Mutual combat. 3. Resistance to 
public officers, &c. 4. Killing in the prosecution of an unlawful or wanton 
act. 5. Killing in the prosecution of a lawful act, improperly performed, or 
performed without lawful authority. 
     4.-1. The provocation which reduces the killing from murder to 
manslaughter is an answer to the presumption of malice which the law raises 
in every case of homicide; it is therefore no answer when express malice is 
proved. 1 Russ. Cr, 440; Foster, 132; 1 East, P. C. 239; and to be available 
the provocation must have been reasonable and recent, for no words or slight 
provocation will be sufficient, and if the party, has had time to cool, 
malice will be inferred. 
     5.-2. In cases of mutual combat, it is generally manslaughter only 
when one of the parties is killed. When death ensues from duelling the rule 
is different, and such killing is murder. 
     6.-3. The killing of an officer by resistance to him while acting 
under lawful authority is murder; but if the officer be acting under a void 
or illegal authority, or out of his jurisdiction, the killing is 
manslaughter, or excusable homicide, according to the circumstances of the 
case. 1 Moody, C. C. 80, 132; 1 Hale, P. C. 458; 1 East, P. C. 314; 2 Stark. 
N. P. C. 205; S. C. 3 E. C. L. R. 315. 
     7.-4. Killing a person while doing an act of mere wantonness, is 
manslaughter as, if a person throws down stones in a coal-pit, by which a 
man is killed, although the offender was only a trespasser. Lewin, C. C. 
179. 
     8.-5. When death ensues from the performance of a lawful act, it may, 
in consequence of the negligence of the offender, amount to manslaughter. 
For instance, if the death has been, occasioned by negligent driving. 1 
East, P. C. 263; 1 C. & P. 320 S. C. 9 E. C. L. R. 408; 6 C. & P. 629; S. C. 
25 E. C. L. R. 569. Again, when death ensues, from the gross negligence of a 
medical or surgical practitioner, it is manslaughter. 1 Hale, P. C. 429; 3 
C. & P. 632; S. C. 14 E, C. L. R. 495. 

MANSTEALING. This word is sometimes used synonymously with kidnapping. The 
latter is more technical. 4 Bl. Com. 219. 

MANU FORTI. With strong hand. (q.v.) This term is used in pleading in cases 
of forcible entry, and no other words are of equal import. Dane's Ab. ch. 
132, a. 6; ch. 203, a. 12. 

MANU OPERA. This has the same meaning with mannopus. (q.v.)

MANUAL. That which is employed or used by the hand, of which a present 
profit may be made. Things in the manual occupation of the owner cannot be 
distrained for rent. Vide Tools. 

MANUCAPTIO, practice. In the English law it is a writ which lies for a man 
taken on suspicion of felony and the like, who cannot be admitted to bail by 
the sheriff, or others having power to let to mainprise. F. N. B. 249. 

MANUCAPTORS. The same as mainpernors. (q.v.)

MANUFACTURE. This word is used in the English and American patent laws. This 
term includes two classes of things; first, all machinery which is to be 
used and is not the object of sale; and, secondly, substances (such, for 
example, as medicines) formed by chemical processes, when the  vendible 
substance is the thing produced, and that which operates preserves no 
permanent form. In the first class, the machine, and, in the second the 
substance produced, is the subject of the patent. 2 H. Bl. 492. See 8 T. R. 
99; 2 B. & A. 349; Day. Pat. Cas. 278; Webst. on Pat. 8; Phil. on Pat. 77; 
Perp. Manuel des Inv. c. 2, s. 1; Renouard, c. 5, s. 1; Westminster Review, 
No. 44, April 1835, p. 247; 1 Bell's Com., B. 1, part 2, c. 4, s. 1, p. 110, 
6th ed. 

MANUMISSION, contracts. The agreement by which the owner or master of a 
slave sets him free and at liberty; the written instrument which contains 
this agreement is also called a manumission. 
     2. In the civil law it was different from emancipation, which, properly 
speaking, was applied to the liberation of children from paternal power. 
Inst. liv. 1, t. 5 & 12; Co. Litt. 137, a; Dane's Ab. h.t. 

MANURE, Dung. When collected in a heap, it is considered as personal 
property, but, when spread, it becomes a part of the land and acquires the 
character of real estate. Alleyn, 31; 2 Ired. R. 326. 

MANUS. Anciently signified the person taking an oath as a compurgator. The 
use of this word probably came from the party laying his hand on the New 
Testament. Manus signifies, among the civilians, power, and is frequently 
used as synonymous with potestas. Lec. El. Dr. Rom. Sec. 94. 

MANUSCRIPT. A writing; a writing which has never been printed. 
     2. The act of congress securing to authors a copyright passed February 
3, 1831, sect. 9, protects authors in their manuscripts, and renders any 
person who shall unlawfully publish a manuscript liable to an action, and 
authorizes the courts to enjoin the publisher. See Copyright. The right of 
the author, to his manuscripts, at common law, cannot be contested. 4 Burr. 
2396; 2 Eden, Ch. R. 329; 2 Story, R. 100; 2 Atk. 342; Ambl. 694; 2 B. & A. 
290; 2 Story, Eq. Jur. Sec. 943; Eden, Inj. 322; 2 B. & A. 298; 2 Bro. P. C. 
(Toml. ed.) 138; 4 Vin. Ab. 278; 2 Atk. 342; 2 Ves. & B. 23. These rights 
will be considered as abandoned if the author publishes his manuscripts, 
without securing the copyright under the acts of congress. See Bouv. Inst. 
Index, h.t.; Copyright. 

MARAUDER. One who, while employed in the army as a soldier, commits a 
larceny or robbery in the neighborhood of the camp, or while wandering away 
from the army. Merl. Repert. h.t. 

MARC-BANCO. The name of a coin. The marc-banco of Hamburg, as money of 
account, at the custom-house, is deemed and taken to be of the value of 
thirty-five cents. Act of March 3, 1843. 

MARCHES, Eng. law. This word signifies the limits, or confines, or borders. 
Bac. Law Tracts, tit. Jurisdiction of the. Marches, p. 246. It was applied 
to the limits between England and Wales or Scotland. In Scotland the term 
marches is applied to the boundaries between private properties. 

MARETUM. Marshy ground overflowed by the sea or great rivers. Co. Litt. 5. 

MARINARIUS. An ancient word which signified a mariner or seaman; in England 
marinarius capitaneus, was the admiral or warden of the ports. 

MARINE. Whatever concerns the navigation of the sea, and forms the naval 
power of a nation is called its marine. 

MARINE CONTRACT. One which relates to business done or transacted upon the 
sea and in sea ports, and over which the courts of admiralty have 
jurisdiction concurrent with the courts of common law; such contracts 
include according to civilians and jurists among other things, charter 
parties, affreightments, marine hypothecations, contracts for the marine 
service in the building, repairing, supplying and navigating ships; 
contracts and quasi contracts respecting averages, contributions and 
jettisons, and policies of insurance. 2 Gall. R. 398, where Judge Story gave 
a very learned opinion on the subject. 

MARINE INSURANCE, contracts. A contract by which one party, for a stipulated 
premium, undertakes to indemnify the other, against all perils or sea risks, 
to which his ship; freight or cargo, or some of them, may be exposed, during 
a certain voyage or fixed period of time. 1 Bouv. Inst. n. 1175, et seq. See 
Insurance Marine. 

MARINE INTEREST, contracts. A compensation paid for the use and risk of 
money loaned on respondentia and bottomry; provided the money be loaned and 
put in risk, there is no limit as to the amount which may be lawfully 
charged by the lender. 2 Marsh. Ins. 749; Hall on Mar. Loans; Pothier, Pret 
a. la Grosse, n. 19; 1 Stuart's (L. C.) R. 130. 

MARINE LEAGUE. A measure equal to the twentieth part of a degree. Bouch. 
Inst. n. 1845, not. Vide Cannon Shot; Sea. 

MARINER. One whose occupation is to navigate vessels on the sea. Vide Seamen 
Shipping articles. 
     2. By act of congress, 1 Story, Laws of U. S., ch. 56, s. 4, p. 109, it 
is provided, that no sum exceeding one dollar shall be recovered from any 
seaman or mariner (in the merchant service,) by any person, for any debt 
contracted during the time such seaman or mariner shall actually belong to 
any ship or vessel, until the voyage for which such seaman or mariner 
engaged, shall be ended. 

MARITAGIUM. Anciently that portion which was given with a daughter in 
marriage. 
     2. During the existence of the feudal law, it was the right which the 
lord of the fee had, under certain tenures, to dispose of the daughters of 
his vassal in marriage. By this word was also understood marriage. Beames' 
Glanv. 138, n; Bract. 21 a; Spelm. Gl. ad voc.; 2 Bl. Com. 69; Co. Litt. 21 
b, 76 a. 

MARITAL. That which belongs to marriage; as marital rights, marital duties. 
     2. Contracts made by a feme sole with a view to deprive her intended 
husband of his marital rights, with respect to her property, are a fraud 
upon him, and may be set aside in equity. By the marriage, the husband 
assumes the duty of paying her debts, contracted previous to the coverture, 
and of supporting her during its existence; and he cannot, therefore, be 
fraudulently deprived, by the intended wife, of those rights which enable 
him to perform the duties which attach to him. 2 Cha. R. 42; Newl. Contr. 
424; 1 Vern. 408; 2 Vern. 17; 2 P. Wms. 357, 674; 2 Bro. C. C. 345; 1 Ves. 
jr. 22; 2 Cox, R. 28; 2 Beav. 528; 2 Ch. R. 81; White's. L. C. in Eq. *277; 
1 Hill, Ch. R. 1, 4; 13 Maine, R. 124; 1 McMull. Eq. R. 237 3 Iredell's Eq. 
R. 487; 4 Wash. C. C. R. 224. 

MARITAL PORTION. In Louisiana, this name is given to that part of a deceased 
husband's estate, to which the widow is entitled. Civil Code, 334, art. 55; 
3 Mart. N. S. 1. 

MARITIME. That which belongs to or is connected with the sea.

MARITIME CAUSE. Maritime causes are those arising from maritime contracts, 
whether made at sea or on land, that is, such as relate to the commerce, 
business or navigation of the sea; as, charter parties, affreightments, 
marine loans, hypothecations, contracts for maritime service in building, 
repairing, supplying and navigating ships, contracts and quasi contracts 
respecting averages, contributions and jettisons; contracts relating to 
marine insurance, and those between owners of ships. 3 Bouv. Inst. n. 2621. 
     2. There are maritime causes also for torts and injuries committed at 
sea. 
     3. In general, the courts of admiralty have a concurrent jurisdiction 
with courts of law, of all maritime causes: and in some cases they have 
exclusive jurisdiction. 

MARITIME CONTRACT. One which relates to the navigation of the sea. 
     2. The admiralty has jurisdiction in case of the breach of such 
contract, whether it has been entered into on land or at sea. 4 Wash. C. C. 
R. 453; see 2 Gallis. 465; 2 Sumn. 1; Gilp. 529. 

MARITIME LAW. That system of law which relates to the affairs of the sea, 
such as seamen, ships, shipping, navigation, and the like. 

MARITIME LOAN. A contract or agreement by which one, who is the lender, 
lends to another, who is the borrower, a certain sum of money, upon 
condition that if the thing upon which the loan has been made, should be 
lost by any peril of the sea, or vis major, the lender shall not be repaid, 
unless what remains shall be equal to the sum borrowed; and if the thing 
arrive in safety, or in case it shall not have been injured, but by its own 
defects or the fault of the master or mariners, the borrower shall be bound 
to return the sum borrowed, together with a certain sum agreed upon as the 
price of the hazard incurred. Emer. Mar. Loans, c. 1, s. 2; Poth. h.t. Vide 
Bottomry; Gross Adventure; Interest, maritime; Respondentia. 

MARITIME PROFIT, mar. law. The French writers use the term maritime profit 
to signify any profit derived from a maritime lean. Vide Interest maritime. 

MARK. This term has several acceptations. 1. It is a sign traced on paper or 
parchment, which stands in the place of a signature, usually made by persons 
who cannot write. 2 Cart. R. 324; M. & M. 516; 12 Pet. 150; 7 Bing. 457; 2 
Ves. 455; 1 V. & B. 362; 1 Ves., jr. 11. A mark is now held to be a good 
signature, though the party was able to write. 8 Ad. & El. 94; 3 Nev. & Per. 
228; 3 Curt. 752; 5 John. 144. Vide Subscription. 
     2.-2. It is the sign, writing or ticket put upon manufactured goods 
to distinguish them from others. Poph. R. 144; 3 B & C. 541; 2 Atk. R. 485; 
2 V. & B. 218; 3 M. & C. 1; Ed. Inj. 814. Vide Trade Marks. 
     3.-3. Mark or marc, denotes a weight used in several parts of Europe, 
and for several commodities, especially gold and silver. When gold and 
silver are sold by the mark, it is divided into twenty-four carats. 
     4.-4. Mark is also in England a money of accounts, and in some other 
countries a coin. The English marc is two-thirds of a pound sterling, or 
13s. 4d., and the Scotch mark is of equal value in Scotch money of account. 
Ency. Amer. h.t. 

MARKET. A public place appointed by public authority, where all sorts of 
things necessary for the subsistence, or for the conveniences of life, are 
sold. 
     2. Markets are generally regulated by local laws. 
     3. By the term market is also understood the demand there is for any 
particular article; as, the cotton market in Europe is dull. Vide 15 Vin. 
Ab. 42; Com. Dig. h.t. 

MARKET OVERT, Eng. law. Market overt is an open or public market; that is, 
a place appointed by law or custom for the sale of goods and chattels at 
stated times in public. 
     2. In London, every day except Sunday, is market day. In the country, 
particular days are fixed for market days. 2 Bl. Com. 449. 
     3. It is a general rule that sales of vendible articles made in market 
overt, are good not only between the parties, but are also binding on all 
those who have any property or right therein. Id. 2 Chitt. Com. Law, 148 to 
154; Com. Dig. Market, E; Bac. Abr. Fairs and Market, E; 5 B. & A. 624; 
Dane's Abr. chap. 45, a 2. 
     4. There is no law recognizing the effect of a sale in market overt in 
Pennsylvania. 3 Yeates R. 347; 5 Serg. & Rawle, 130; in New York; 1 Johns, 
480; in Massachusetts; 8 Mass. R. 521; 14 Mass. R. 500; in Ohio; 5 Ohio, R. 
203; nor in Vermont. 1 Tyl. R. 341; nor indeed in any of the United States. 
10 Pet. 161. 

MARLEBRIDGE, STATUTE OF. The name of a statute passed the 52 Hen. III, A. D. 
1267, so called because it was enacted at Marlebridge. Barr. on Stat. 58. 

MARQUE AND REPRISAL. The name given to a commission granted by the supreme 
power of a state to a private person for the purpose of seizing the property 
of a foreign state or its subjects. Wheat. Law of Nations, 340. Vide Letters 
of Marque. 

MARRIAGE. A contract made in due form of law, by which a free man and a free 
woman reciprocally engage to live with each other during their joint lives, 
in the union which ought to exist between husband and wife. By the terms 
freeman and freewoman in this definition are meant, not only that they are 
free and not slaves, but also that they are clear of all bars to a lawful 
marriage. Dig. 23, 2, 1; Ayl. Parer. 359; Stair, Inst. tit. 4, s. 1; 
Shelford on Mar. and Div. c. 1, s. 1. 
     2. To make a valid marriage, the parties must be willing to contract, 
Able to contract, and have actually contracted. 
     3.-1. They must be willing to contract. Those persons, therefore, who 
have no legal capacity in point of intellect, to make a contract, cannot 
legally marry, as idiots, lunatics, and infant; males under the age of 
fourteen, and females under the age of twelve, and when minors over those 
ages marry, they must have the consent of their parents or guardians. 
     4. There is no will when the person is mistaken in the party whom he 
intended to marry; as, if Peter intending to marry Maria, through error or 
mistake of person, in fact marries Eliza; but an error in the fortune, as if 
a man marries a woman whom he believes to be rich, and he finds her to be 
poor; or in the quality, as if he marry a woman whom he took to be chaste, 
and whom he finds of an opposite character, this does not invalidate the 
marriage, because in these cases the error is only of some quality or 
accident, and not in the person. Poynt. on Marr. and Div. ch. 9. 
     5. When the marriage is obtained by force or fraud, it is clear that 
there is no consent; it is, therefore, void ab initio, and may be treated as 
null by every court in which its validity may incidentally be called in 
question. 2 Kent, Com. 66; Shelf. on Marr. and Div. 199; 2 Hagg. Cons. R. 
246; 5 Paige, 43. 
     6.-2. Generally, all persons who are of sound mind, and have arrived 
to years of maturity, are able to contract marriage. To this general rule, 
however, there are many exceptions, among which the following may be 
enumerated. 
     7.-1. The previous marriage of the party to another person who is 
still living. 
     8.-2. Consanguinity, or affinity between the parties within the 
prohibited degree. It seems that persons in the descending or ascending 
line, however remote from each other, cannot lawfully marry; such marriages 
are against nature; but when we come to consider collaterals, it is not so 
easy to fix the forbidden degrees, by clear and established principles. 
Vaugh. 206; S. C. 2 Vent. 9. In several of the United States, marriages 
within the limited degrees are made void by statute. 2 Kent, Com. 79; Vide 
Poynt. on Marr. and Div. ch. 7. 
     9.-3. Impotency, (q.v.) which must have existed at the time of the 
marriage, and be incurable. 2 Phillim. Rep. 10; 2 Hagg. Rep. 832. 
    10.-4. Adultery. By statutory provision in Pennsylvania, when a person 
is convicted of adultery with another person, or is divorced from her 
husband, or his wife, he or she cannot afterwards marry the partner of his 
or her guilt. This provision is copied from the civil law. Poth. Contr. de 
Mariage, part 3, c. 3, art. 7. And the same provision exists in the French 
code civil, art. 298. See 1 Toull. n. 555. 
    11.-3. The parties must not only be willing and able, but must have 
actually contracted in due form of law. 
    12. The common law requires no particular ceremony to the valid 
celebration of marriage. The consent of the parties is all that is 
necessary, and as marriage is said to be a contract jure gentium, that 
consent is all that is needful by natural or public law. If the contract be 
made per verba de presenti, or if made per verba de futuro, and followed by 
consummation, it amounts to a valid marriage, and which the parties cannot 
dissolve, if otherwise competent; it is not necessary that a clergyman 
should be present to give validity to the marriage; the consent of the 
parties may be declared before a magistrate, or simply before witnesses; or 
subsequently confessed or acknowledged, or the marriage may even be inferred 
from continual cohabitation, and reputation as husband and wife, except in 
cases of civil actions for adultery, or public prosecutions for bigamy. 1 
Silk. 119; 4 Burr. 2057; Dougl. 171; Burr. Settl. Cas. 509; 1 Dow, 148; 2 
Dow, 482; 4 John. 2; 18 John. R. 346; 6 Binn, 405; 1 Penn. R. 452; 2 Watts, 
R. 9. But a promise to marry at a future time, cannot, by any process of 
law, be converted into a marriage, though the breach of such promise will be 
the foundation of an action for damages. 
    13. In some of the states, statutory regulations have been made on this 
subject. In Maine and Massachusetts, the marriage must be made in the 
presence, and with the assent of a magistrate, or a stated or ordained 
minister of the gospel. 7 Mass. Rep. 48; 2 Greenl. Rep. 102. The statute of 
Connecticut on this subject, requires the marriage to be celebrated by a 
clergyman or magistrate, and requires the previous publication of the 
intention of marriage, and the consent of parents; it inflicts a penalty on 
those who disobey its regulations. The marriage, however, would probably be 
considered valid, although the regulations of the statutes had not been 
observed. Reeve's Dom. Rel. 196, 200, 290. The rule in Pennsylvania is, that 
the marriage is valid, although the directions of the statute have not been 
observed. 2 Watts, Rep. 9; 1 How. S. C. R. 219. The same rule probably 
obtains in New Jersey; 2 Halsted, 138; New Hampshire; 2 N. H. Rep. 268; and 
Kentucky. 3 Marsh. R. 370. In Louisiana, a license must be obtained from the 
parish judge of the parish in which at least one of the parties is 
domiciliated, and the marriage must be celebrated before a priest or 
minister of a religious sect, or an authorized justice of the peace; it must 
be celebrated in the presence of three witnesses of full age, and an act 
must be made of the celebration, signed by the person who celebrated the 
marriage, by the parties and the witnesses. Code, art. 101 to 107. The 89th 
article of the Code declares, that such marriages only are recognized by 
law, as are contracted and solemnized according to the rules which it 
prescribes. But the Code does not declare null a marriage not preceded by a 
license, and not evidenced by an act signed by a certain number of witnesses 
and the parties, nor does it make such an act exclusive evidence of the 
marriage. The laws relating to forms and ceremonies are directory to those 
who are authorized to celebrate marriage. 6 L. R. 470. 
    14. A marriage made in a foreign country, if good there, would, in 
general, be held good in this country, unless when it would work injustice, 
or be contra bonos mores, or be repugnant to the settled principles and 
policy of our laws. Story, Confl. of Laws, Sec. 87; Shelf. on M. & D. 140; 1 
Bland. 188; 2 Bland. 485; 3 John. Ch. R. 190; 8 Ala. R. 48. 
    15. Marriage is a contract intended in its origin to endure till the 
death of one of the contracting parties. It is dissolved by death or 
divorce. 
    16. In some cases, as in prosecutions for bigamy, by the common law, an 
actual marriage must be proved in order to convict the accused. See 6 Conn. 
R. 446. This rule is much qualified. See Bigamy. 
    17. But for many purposes it may be proved by circumstances; for 
example, cohabitation; acknowledgment by the parties themselves that they 
were married; their reception as such by their friends and relations; their 
correspondence, on being casually separated, addressing each other as man 
and wife; 2 Bl. R. 899; declaring, deliberately, that the marriage took 
place in a foreign country; 2 Moo. & R. 503; describing their children, in 
parish registers of baptism, as their legitimate offspring; 2 Str. 1073; 8 
Ves. 417; or when the parties pass for husband and wife by common 
reputation. 1 Bl. R. 639; S. C. 4 Burr. 2057; Dougl. 174; Cowp. 594; 3 
Swans. R. 400; 8 S. & R. 159; 2 Hayw. R. 3; 1 Taylor, R. 121; 1 H. & McH. 
152; 2 N. & McC. 114; 5 Day, R. 290; 4 R. & M. 507; 9 Mass. R. 414; 4 John. 
52; 18 John. 346. After their death, the presumption is generally 
conclusive. Cowp. 591; 6 T. R. 330. 
    18. The civil effects of marriage are the following: 1. It confirms all 
matrimonial agreements between the parties. 
    19.-2. It vests in the husband all the personal property of the wife, 
that which is in possession absolutely, and choses in action, upon the 
condition that he shall reduce them to possession; it also vests in the 
husband right to manage the real estate of the wife, and enjoy the profits 
arising from it during their joint lives, and after her death, an estate by 
the curtesy when a child has been born. It vests in the wife after the 
husband's death, an estate in dower in the husband's lands, and a right to a 
certain part of his personal estate, when he dies intestate. In some states, 
the wife now retains her separate property by statute. 
    20.-3. It creates the civil affinity which each contracts towards the 
relations of the other. 
    21.-4. It gives the husband marital authority over the person of his 
wife. 
    22.-5. The wife acquires thereby the name of her husband, as they are 
considered as but one, of which he is the head: erunt duo in carne una. 
    23.-6. In general, the wife follows the condition of her husband. 
    24.-7. The wife, on her marriage, loses her domicil and gains that of 
her husband. 
    25.-8. One of the effects of marriage is to give paternal power over 
the issue. 
    26.-9. The children acquire the domicil of their father.
    27.-10. It gives to the children who are the fruits of the marriage, 
the rights of kindred not only with the father and mother, but all their 
kin. 
    28.-11. It makes all the issue legitimate. 
     Vide, generally, 1 Bl. Com. 433; 15 Vin. Ab. 252; Bac. Ab. h.t.; Com. 
Dig. Baron and Feme, B; Id. Appx. b. t.; 2 Sell. Pr. 194; Ayl. Parergon, 
359; 1 Bro. Civ. Law, 94; Rutherf. Inst. 162; 2 Supp. to Ves. jr. 334; Roper 
on Husband & Wife; Poynter on Marriage and Divorce; Merl. Repert. h.t.; 
Pothier, Traite du Contrat de Marriage; Toullier, h.t.; Chit. Pract. Index, 
h.t.; Dane's Ab. Index, h.t., Burge on the Confl. of Laws, Index, h.t.; 
Bouv. Inst. Index, h.t. 

MARRIAGE BROKAGE. By this expression is meant the act by which a person 
interferes, for a consideration to be received by him, between a man and a 
woman, for the purpose of promoting a marriage between them. The money paid 
for such service is also known by this name. 
     2. It is a doctrine of the courts of equity that all marriage brokage 
contracts are utterly void, as against public policy; and are, therefore, 
incapable of confirmation. 1 Fonb. Eq. B. 1, ch. 4, s. 10, note a; 1 Story, 
Eq. Jur. Sec. 263; Newl. on Contr. 469. 

MARRIAGE PORTION. That property which is given to a woman on her marriage. 
Vide Dowry. 

MARRIAGE, PROMISE OF. A promise of marriage is a contract entered into 
between a man and woman that they will marry each other. 
     2. When the promise is made between persons competent to contract 
matrimony, an action lies for a breach of it. Vide Promise of Marriage. 

MARRIAGE SETTLEMENT. An agreement made by the parties in contemplation of 
marriage by which the title to certain property is changed, and the property 
to some extent becomes tied up, and is rendered inalienable. Rice's Eq. R. 
315. See 2 Hill, Ch. R. 3; Ril. Ch. Cas. 76; 8 Leigh, 29; 1 Dev. & Bat. Eq. 
389; 2 Dev. & Bat. Eq. 103; 1 Bald. 344; 15 Mass. 106; 1 Yeates, 221; 7 Pet. 
348; 4 Bouv. Inst. n. 3947. Vide Settlement, Contracts. 

MARSHAL. An officer of the United States, whose duty it is to execute the 
process of the courts of the United States. His duties are very similar to 
those of a sheriff. 
     2. It is enacted by the act to establish the judicial courts of the 
United States, 1 Story's L. U. S. 53, as follows: 
     Sec. 27. That a marshal shall be appointed, in and for each district, 
for the term of four years, but shall be removable from office at pleasure 
whose duty it shall be to attend the district and circuit courts, when 
sitting therein, and also the supreme court in the district in which that 
court shall sit: and to execute throughout the district, all lawful precepts 
directed to him, and issued under the authority of the United States, and he 
shall have power to command all necessary assistance in the execution of his 
duty, and to appoint, as there shall be occasion, one or more deputies, who 
shall be removable from office by the judge of the district court, or the 
circuit court sitting within the district, at the pleasure of either. And 
before he enters on the duties of his office, he shall become bound for the 
faithful performance of the same, by himself and by his deputies, before the 
judge of the district court, to the United States jointly and severally, 
with two good and sufficient sureties, inhabitants and freeholders of such 
district, to be approved by the district judge, in the sum of twenty 
thousand dollars, and shall take before said judge, as shall also his 
deputies, before they enter on the duties of their appointment, the 
following oath of office: "I, A B, do solemnly swear or affirm, that I will 
faithfully execute all lawful precepts directed to the marshal of the 
district of________under the authority of the United States, and true 
returns make; and in all things well and truly, and without malice or 
partiality, perform the duties of the office of marshal (or marshal's 
deputy, as the case may be) of the district of _________ during my 
continuance in said office, and take only my lawful fees. So help me God." 
     3.-Sec. 28. That in all causes wherein the marshal, or his deputy, 
shall be a party, the writs and precepts therein shall be directed to such 
disinterested person, as the court, or any justice or judge thereof may 
appoint, and the person so appointed is hereby authorized to execute and 
return the same. And in case of the death of any marshal, his deputy or 
deputies, shall continue in office unless otherwise specially removed; and 
shall execute the same in the name of the deceased, until another marshal 
shall be appointed and sworn: And the defaults, or misfeasances in office of 
such deputy or deputies in the mean time, as well as before, shall be 
adjudged a breach of the condition of the bond given, as before directed, by 
the marshal who appointed them; and the executor or administrator of the 
deceased marshal, shall have like remedy for the defaults and misfeasances 
in office of such deputy or deputies during such interval, as they would be 
entitled to if the marshal had continued in life, and in the exercise of his 
said office, until his successor was appointed, and sworn or affirmed: And 
every marshal, or his deputy, when removed from office, or when the term for 
which the marshal is appointed shall expire, shall have power, 
notwithstanding, to execute all such precepts as may be in their hands, 
respectively, at the time of such removal or expiration of office; and the 
marshal shall be held answerable for the delivery to his successors of all 
prisoners which may be in his custody at the time of his removal, or when 
the term for which he is appointed shall expire, and for that purpose may 
retain such prisoners in his custody, until his successor shall be 
appointed, and qualified as the law directs. 
     4. By the act making certain alterations in the act for establishing 
the judicial courts, &c. passed June 9, 1794, 1 Story's L. U. S. 865, it is 
enacted, 
     Sec. 7. That so much of the act to establish the judicial courts of the 
United States, as is, or may be, construed to require the attendance of the 
marshals of all the districts at the supreme court, shall be, and the same 
is hereby repealed: And that the said court shall be attended, during its 
session, by the marshal of the district only, in which the court shall sit, 
unless the attendance of the marshals of other districts shall be required 
by special order of the said court. 
     5. The act of February 28, 1795, 1 Story's L. U. S. 391, directs, 
     Sec. 9. That the marshals of the several districts, and their deputies, 
shall have the same powers, in executing the laws of the United States, as 
sheriffs and their deputies, in the several states, have by law in executing 
the laws of the respective states. 
     6. There are various other legislative provisions in relation to the 
duties and rights of marshals, which are here briefly noticed with reference 
to the laws themselves. 
     7.-1. The act of May 8, 1792, s. 4, provides for the payment of 
expenses incurred by the marshal in holding the courts of the United States, 
the payment of jurors, witnesses, &c. 
     8.-2. The act of April 16, 1817, prescribes the duties of the marshal 
in relation to the proceeds of prizes captured by the public armed ships of 
the United States and sold by decree of court. 
     9.-3. The resolution of congress of March 3, 1791; the act of 
February 25, 1799, s. 5; and the resolution of March 3, 1821; all relate to 
the duties of marshals in procuring prisons, and detaining and keeping 
prisoners. 
    10.-4. The act of April 10, 1806, directs how and for what, marshals 
shall give bonds for the faithful execution of their office. 
    11.-5. The act of September 18, 1850, s. 5, prescribes the duties of 
the marshal in relation to obeying and executing all warrants and precepts 
issued under the provisions of this act, and the penalties he shall incur 
for refusing to receive and execute the said warrants when rendered, and for 
permitting the fugitive to escape after arrest, Vide Story's L. U. S. Index, 
h.t.; Serg. Const. Law, ch. 25; 2 Dall. 402; United States v. Burr, 365; 
Mason's R. 100; 2 Gall. 101; 4 Cranch, 96; 7 Cranch, 276; 9 Cranch, 86, 212; 
6 Wheat. 194; 9 Wheat. 645; Minot, Stat. U. S. Index, h.t. 

MARSHALLING SECURITIES, equity. When a party has two funds by which his debt 
is secured, and another creditor has a claim only on one of these funds, a 
court of equity will compel the creditor having a double security to resort 
to that fund which will leave the other creditor his security, this is 
called marshalling assets. 4 Bouv. Inst. n. 3788; 1 Story, Eq. Jur. Sec. 633 
Amb. 91; 8 Ves. 389; 9 Ves. 209. 
     2. Marshalling of assets respects two different funds, and two 
different sets of parties, where one set can resort to either fund, the 
other only to one. It is grounded on obvious equity. It does no prejudice to 
anybody, and it effectuates the testator's intent. It takes place in favor 
of simple contract creditors, and of legatees, devisees and heirs, and in a 
few other cases, but not in favor of the next of kin. 4 Bro. C. C. 411; 1 P. 
Wms. 680. 
     3. The cases in which a court of equity marshals real and personal 
assets for the payment of simple contract debts and legacies, may be classed 
as follows: 1. Where there are specialty and simple contract debts and 
legacies and lands left to descend. In this case if the specialty creditors 
take a satisfaction for their debts out of the personal estate, the simple 
contract creditors first, and then the legatees, shall stand in the place of 
the specialty creditors, for obtaining satisfaction out of the lands, to the 
amount of so much as was received by the specialty creditors out of the 
personal estate. 
     4.-2. Where there are specialty and simple contract debts, and lands 
are specifically devised. In this case if the creditors take a satisfaction 
for their debts out of the personal estate, the simple contract creditors 
shall stand in the place of the specialty creditors for obtaining a 
satisfaction out of the lands to the amount of so much as was received by 
the specialty creditors out of the personal estate, but then there can be no 
relief for the legatees, because there is as much equity to support the, 
specific devise of the lands, as to support the bequest of the legatees. 
     5.-3. Where the debts are charged upon the lands. Here the legatees 
shall have the personal estate towards their satisfaction, and if the 
creditors take it in payment or towards the discharge of their debts, the 
legatees shall stand in their place pro tanto to have a discharge out of the 
lands. 
     6.-4. When simple contract debts and legacies are both charged on the 
land. In this case the land shall be sold and all paid equally. 1 Madd. Ch. 
Pr. 617. 

MARSHALSEA, English law. The name of a prison belonging to the court of the 
king's bench. 

MARTIAL LAW. Vide Law Martial.

MARYLAND. One of the original states of the United States of America. The 
province of Maryland was included in the patent of the Southern or Virginia 
company; and upon the dissolution of that company, it reverted to the crown. 
Charles the First, on the 20th of June, 1632, granted it by patent to Lord 
Baltimore. Under this charter Maryland continued to be governed, with some 
short intervals of interruption, down to the period of the American 
Revolution, by the successors of the original proprietor. 1 Chalmer's 
Annals, 203. 
     2. Upon the revolution of 1688, the government of Maryland was seised 
into the hands of the crown, and was not again restored to the proprietary 
until 1716; from that period no alteration occurred until the American 
Revolution. Bacon's Laws of Maryland, 1692, 1716. 
     3. The original constitution of this state was adopted on the 14th day 
of August, 1776. The present constitution was adopted in 1851. 
     4. The powers of the government are distributed into the legislative, 
the executive, and the judicial. 
     5.-1st. The legislature shall consist of two distinct branches, a 
senate and a house of delegates, which shall be styled "The general assembly 
of Maryland." Art. III. s. 1. 
     6.-2. The general assembly shall meet on the first Wednesday of 
January, 1852, on the same day, in the year 1853, and on the same day, 1854, 
and on the same day in every second year thereafter, and at no other time, 
unless convened by the proclamation of the governor. Art. III. s. 7. 
     7.-3. The senate will be considered with reference to the 
qualification of the electors; the qualification of the members; the length 
of time for which they are elected; and the time of their election. 1. Every 
free white male person of twenty-one years of age or upwards, who shall have 
been one year next preceding the election a resident of the state, and for 
six months a resident of the city of Baltimore, or of any county in which he 
may offer to vote, and being at the time of the election, a citizen of the 
United States, shall be entitled to vote in the ward or election district in 
which he resides, in all elections hereafter to be held; an& at all such 
elections the vote shall be taken by ballot. And in case any county or city 
shall be so divided as to form portions of different electoral districts for 
the election of congressmen, senator, delegate or other officer or officers, 
then to entitle a person to vote for such officer, he must have been a 
resident of that part of the county or city which shall form a part of the 
electoral district in which he offers to vote for six months next preceding 
the election: but a person who shall have acquired a residence in such 
county or city, entitling him to vote at any such election, shall be 
entitled to vote in the election district from which he remoted, until he 
shall have acquired a residence in the part of the county or city to which 
he has removed. Art. I. s. 1. 2. No person shall be eligible as a senator 
who at the time of his election is not a citizen of the United States, and 
who bas not resided at least three years next preceding the day of his 
election, in this state, and the last year thereof in the county or city 
which he may be chosen to represent, if such county or city shall have been 
so long established, and if not, then in the county from which, in whole or 
in part, the same may have been formed; nor shall any person be eligible as 
a senator unless he shall have attained the age of twenty-five years. No 
member of congress, or person holding any civil or military office under the 
United States, shall be eligible as a senator; and if any person, after his 
election as a senator, be elected to congress, or be appointed to any 
office, civil or military, under the government of the United States, his 
acceptance thereof shall vacate his seat. No minister or preacher of the 
gospel of any denomination, and no person holding any civil office of profit 
or trust under the state, except justices of the peace, shall be eligible as 
senator. Art. III. ss. 9, 10, 11. 3. Every county of the state, and the city 
of Baltimore, shall be entitled to elect one senator, who shall serve for 
four years from the day of their election. The first election shall take 
place on the first Wednesday of November, 1851, and an election for one-half 
the senators, as nearly as practicable, shall be held on the same day every 
second year thereafter. Art. III. 2, 3, 4, 5. 
     8.-4. The house of delegates will be treated of in the same manner 
which has been observed in considering the senate. 1. The electors are 
qualified in the same manner as the electors of the senate. 2. No person 
shall be a delegate who shall not have attained the age of twenty-one years; 
the other qualifications are the same as those for a senator. 3. The whole 
number of delegates shall never exceed eighty, nor be less than sixty-five, 
and shall be apportioned among the several counties according to the 
population of each, the city of Baltimore to have four more delegates than 
the most populous county; no county to have less than two delegates, the 
apportionment to be made after the returns of the national census in 1860 
are published, and in like manner after each subsequent census. They are to 
serve two years from the day of their election, which takes place on the 
same day as that for senators. 
     9.-1. The executive power of the state shall be vested in a governor, 
whose term of office shall commence on the second Wednesday of January next 
ensuing his election, and continue for four years, and until his successor 
shall have qualified. 
    10.-2. The first election for governor under this constitution shall 
be held on the first Wednesday of November, in the year eighteen hundred and 
fifty-three, and on the same day and month in every fourth year thereafter, 
at the places of voting for delegates to the general assembly, and every 
person qualified to vote for delegates shall be qualified, and entitled to 
vote for governor; the election to be held in the same manner as the 
election of delegates, and the returns thereof, under seal, to be addressed 
to the speaker of the house of delegates, and enclosed and transmitted to 
the secretary of state, and delivered to the said speaker at the 
commencement of the session of the legislature next ensuing said election. 
    11.-3. The speaker of the house of delegates shall then open the said 
returns in the presence of both houses, and the person having the highest 
number of votes, and being constitutionally eligible, shall be the governor, 
and shall qualify in the manner herein prescribed, on the second Wednesday 
of January next ensuing his election, or as soon thereafter as may be 
practicable. 
    12.-4. If two or more persons shall have the highest and an equal 
number of votes, one of them shall be chosen governor by the senate and 
house of delegates; and all questions in relation to the eligibility of 
governor, and to the returns of said election, and to the number and 
legality of votes therein given, shall be determined by the house of 
delegates. And if the person or persons having the highest number of votes 
be ineligible, the governor shall be chosen by the senate and house of 
delegates. Every election of governor, by the legislature, shall be 
determined by a joint majority of the senate and house of delegates, and the 
vote shall be taken viva voce. But if two or more persons shall have the 
highest and an equal number of votes, then a second vote shall be taken, 
which shall be confined to the persons having an equal number; and if the 
votes should again be equal, then the election of governor shall be 
determined by lot between those who shall have the highest and an equal 
number on the first vote. 
    13.-5. The state shall be divided into three districts. St. Mary's, 
Charles, Calvert, Prince George's, Anne Arundle, Montgomery, and Howard 
counties, and the city of Baltimore to be the first; the eight counties of 
the Eastern shore to be the second; and Baltimore, Harford, Frederick, 
Washington, Allegany, and Carroll counties, to be the third. The governor, 
elected from the third district in October last, shall continue in office 
during the term for which he was elected. The governor shall be taken from 
the first district, at the first election of governor under this 
constitution; from the second district at the second election, and from the 
third district at the third election, and in like manner, afterwards, from 
each district, in regular succession. 
    14.-6. A person to be eligible to the office of governor, must have 
attained the age of thirty years, and been for five years a citizen of the 
United States, and for five years next preceding his election a resident of 
the state, and for three years a resident of the district from which he was 
elected. 
    15.-7. In case of the death or resignation of the governor, or of his 
removal from the state, the general assembly, if in session, or if not, at 
their next session, shall elect some other qualified resident of the same 
district, to be the governor for the residue of the term for which the said 
governor had been elected. 
    16.-8. In case of any vacancy in the office of governor during the 
recess of the legislature, the president of the senate shall discharge the 
duties of said office till a governor is elected as herein provided for; and 
in case of the death or resignation of said president, or of his removal 
from the state, or of his refusal to serve, then the duties of said office 
shall, in like manner, and for the same interval, devolve upon the speaker 
of the house of delegates, and the legislature may provide by law for the 
case of impeachment or inability of the governor, and declare what person 
shall perform the executive duties during such impeachment or inability; and 
for any vacancy in said office, not herein provided for, provision may be 
made by law, and if such vacancy should occur without such provision being 
made, the legislature shall be convened by the secretary of state for the 
purpose of filling said vacancy. 
    17.-9. The governor shall be commander-in-chief of the land and naval 
forces of the state, and may call out the militia to repel invasions, 
suppress insurrections, and enforce the execution of the laws; but shall not 
take the command in person without the consent of the legislature. 
    18.-10. He shall take care that the laws be faithfully executed. 
    19.-11. He shall nominate, and by and with the advice and consent of 
the senate, appoint all civil and military officers of the state, whose 
appointment or election is not otherwise herein provided for, unless a 
different mode of appointment be prescribed by the law creating the office. 
    20.-12. In case of any vacancy during the recess of the senate, in any 
office which the governor has power to fill, he shall appoint some suitable 
person to said office, whose commission shall continue in force till the end 
of the next session of the legislature, or till some other person is 
appointed to the same office, whichever shall first occur, and the 
nomination of the person thus appointed during the recess, or of some other 
person in his place, shall be made to the senate within thirty days after 
the next meeting of the legislature. 
    21.-13. No person, after being rejected by the senate, shall be again 
nominated for the same office at the same session, unless at the request of 
the senate; or be appointed to the same office during the recess of the 
legislature. 
    22.-14. All civil officers appointed be the governor and senate shall 
be nominated to the senate within fifty days from the commencement of each 
regular session of the legislature; and their term of office shall commence 
on the first Monday of May next ensuing their appointment, and continue for 
two years (unless sooner removed from office) and until their successors, 
respectively, qualify according to law. 
    23.-15. The governor may suspend or arrest any military officer of the 
state for disobedience of orders, or other military offence, and may remove 
him in pursuance of the sentence of a court-martial; and may remove for 
incompetency or misconduct, all civil officers, who receive appointments 
from the executive for a term not succeeding two years. 
    24.-16. The governor may convene the legislature, or the senate alone, 
on extraordinary occasions; and whenever, from the presence of an enemy or 
from any other cause, the seat of government shall become an unsafe place 
for the meeting of the legislature, he may direct their sessions to be held 
at some other convenient place. 
    25.-17. It shall be the duty of the governor semi-annually, and 
oftener if he deem it expedient, to examine the bankbook, account books, and 
official proceedings of the treasurer and comptroller of the state. 
    26.-18. He shall, from time to time, inform the legislature of the 
condition of the state, and recommend to their consideration such measures 
as he may judge necessary and expedient. 
    27.-19. He shall have power to grant reprieves and pardons, except in 
cases of impeachment, and in cases in which he is prohibited by other 
articles of this constitution, and to remit fines and forfeitures for 
offences against the state; but shall not remit the principal or interest of 
any debt due to the state, except in cases of fines and forfeitures; and 
before granting a nolle prosequi, or pardon, he shall give notice, in one or 
more newspapers, of the application made for it, and of the day on or after 
which his decision will be given; and in every case in which he exercises 
this power, he shall report to either branch of the legislature. Whenever 
required, the petitions, recommendations and reasons which influence his 
decision. 
    28.-20. The governor shall reside at the seat of government, and shall 
receive for his services an annual salary of thirty-six hundred dollars. 
    29.-21. When the public interest requires it, he shall have power to 
employ counsel, who shall be entitled to such compensation as the 
legislature may allow in each case after the services of such counsel shall 
have been performed. 
    29.-22. A secretary of state shall be appointed by the governor, by 
and with the advice and consent of the senate, who shall continue in office, 
unless sooner removed by the governor, till the end of the official term of 
the governor from whom he received his appointment, and shall receive an 
annual salary of one thousand dollars. 
    30.-23. He shall carefully keep and preserve a record of all official 
acts an proceedings (which may, at all times, be inspected by a committee of 
either branch of the legislature,) and shall perform such other duties as 
may be prescribed by law or as may properly belong to his office. 
    31.-3d. The judicial power of this state shall be vested in a court of 
appeals, in circuit courts, in such courts for the city of Baltimore as may 
be hereinafter prescribed, and in justices of the peace. 
    32.-2. The court of appeals shall have appellate jurisdiction only, 
which shall be co-extensive with the limits of the state. It shall consist 
of a chief justice and three associate justices, any three of whom shall 
form a quorum, whose judgment shall be final and conclusive in all cases of 
appeals; and who shall have the jurisdiction which the present court of 
appeals of this state now has, and such other appellate jurisdiction as 
hereafter may be provided for by law. And in every case decided, an opinion, 
in writing, shall be filed, and provision shall be made, by law, for 
publishing reports of cases argued and determined in the said court. The 
governor, for the time being, by and with the advice and consent of the 
senate, shall designate the chief justice, and the court of appeals shall 
hold its sessions at the city of Annapolis, on the first Monday of June, and 
the first Monday of December, in each and every year. 
    33.-3. The state shall be divided into four judicial districts: 
Allegany, Washington, Frederick, Carroll, Baltimore, and Harford counties, 
shall compose the first; Montgomery, Howard, Anne Arundel, Calvert, St. 
Mary's, Charles and Prince George's, the second; Baltimore city, the third; 
and Cecil, Kent, Queen Anne's, Talbot, Caroline, Dorchester, Somerset, and 
Worcester, shall compose the fourth district. And one person from among 
those learned in the law having been admitted to practice in this this state 
at least, five years, and above the age of thirty years at the time of his 
election, and a resident of the judicial district, shall be elected from 
each of said districts by the legal and qualified voters therein, as a judge 
of the said court of appeals, who shall hold his office for the term of ten 
years from the time of his election, or until he shall have attained the age 
of seventy years, whichever may first happen, and be reeligible thereto 
until he shall have attained the age of seventy years, and not after, 
subject to removal for incompetency, willful neglect of duty, or misbehaviour

in office, on conviction in a court of law, or by the governor upon the 
address of the general assembly, two-thirds of the members of each house 
concurring in such address; and the salary of each of the judges of the 
court of appeals shall be two thousand five hundred dollars annually, and 
shall not be increased or diminished during their continuance in office; and 
no fees or perquisites of any kind, shall be allowed by law to any of the 
said judges. 
    34.-4. No judge of the court of appeals shall sit in any case wherein 
he may be interested, or where either of the parties may be connected with 
him by affinity or consanguinity within such degrees as may be prescribed by 
law, or when he shall have been of counsel in said case; when the court of 
appeals, or any of its members shall be thus disqualified to bear and 
determine any case or cases in said court, so that by reason thereof no 
judgment can be rendered in said court, the same shall be certified to the 
governor of the state, who shall immediately commission the requisite number 
of persons learned in the law for the trial and determination of said case 
or cases. 
    35.-5. All judges of the court of appeals, of the circuit courts, and 
of the courts for the city of Baltimore, shall, by virtue of their offices, 
be conservator's of the peace throughout the state. 
    36.-6. All public commissions and grants shall run thus: "The State of 
Maryland," &c., and shall be signed by the governor, with the seal of the 
state annexed; all writs and process shall run in the same style, and be 
tested, sealed and signed as usual; and all indictments shall conclude 
"against the peace, government and dignity of the state." 
    37.-7. The state shall be divided into eight judicial circuits, in 
manner and form following, to wit; St. Mary's, Charles, and Prince George's 
counties shall be the first: Anne, Arundel, Howard, Calvert and Montgomery 
counties shall be the second; Frederick and Carroll counties shall be the 
third; Washington and Allegany counties shall be the fourth; Baltimore city 
shall be the fifth; Baltimore, Harford and Cecil counties shall be the 
sixth; Kent, Queen Anne's, Talbot and Caroline counties shall be the 
seventh; and Dorchester, Somerset and Worcester counties shall be the 
eighth; and there shall be elected, as hereinafter directed, for each of the 
said judicial circuits, except the fifth, one person from among those 
learned in the law, having been admitted to practice in this state, and who 
shall have been a citizen of this state at least five years, and above the 
age of thirty years at the time of his election, and a resident of the 
judicial circuit, to be judge thereof; the said judges shall be styled 
circuit judges, and shall respectively hold a term of their courts at least 
twice in each year, or oftener if required by law, in each county composing 
their respective circuits; and the said courts shall be called circuit 
courts for the county in which they may be held, and shall have and exercise 
in the several counties of this state, all the power, authority and 
jurisdiction which the county courts of this state now have and exercise, or 
which may hereafter be prescribed by law, and the said judges in their 
respective circuits, shall have and exercise all the power, authority and 
jurisdiction of the present court of chancery of Maryland; provided, 
nevertheless, that Baltimore county court may hold its sittings within the 
limits of the city of Baltimore, until provision shall be made by law for 
the location of a county seat within the limits of the said county proper, 
and the erection of a court house and all other appropriate buildings, for 
the convenient administration of justice in said court. 
    38.-8. The judges of the several judicial circuits shall be citizens 
of the United States, and shall have resided five years in this state, and 
two years in the judicial circuit for which they may be respectively 
elected, next before the time of their election, and shall reside therein 
while they continue to act as judges; they shall be taken from among those 
who, having the other qualifications herein prescribed, are most 
distinguished for integrity, wisdom and sound legal knowledge, and shall be 
elected by the qualified voters of the said circuits, and shall hold their 
offices for the term of ten years, removable for misbehaviour, on conviction 
in a court of law or by the governor, upon the address of the general 
assembly, provided that two-thirds of the members of each house shall concur 
in such address, and the said judges shall each receive a salary of two 
thousand dollars a year, and the same shall not be increased or diminished 
during the time of their continuance in office; and no judge of any court in 
this state, shall receive any perquisite, fee, commission or reward, in 
addition thereto, for the performance of any judicial duty. 
    39.-9. There shall be established for the city of Baltimore one court 
of law, to be styled "the court of common pleas," which shall have civil 
jurisdiction in all suits where the debt or damage claimed shall be over one 
hundred dollars, and shall not exceed five hundred dollars; and shall, also, 
have jurisdiction in all cases of appeal from the judgment of justices of 
the peace in the said city, and shall have jurisdiction in all applications 
for the benefit of the insolvent laws of this state, and the supervision and 
control of the trustees thereof. 
    40.-10. There shall also be established, for the city of Baltimore, 
another court of law, to be styled the superior court of Baltimore city, 
which shall have jurisdiction over all suits where the debt or damage 
claimed shall exceed the sum of five hundred dollars, and in case any 
plaintiff or plaintiffs shall recover less than the sum or value of five 
hundred dollars, he or they shall be allowed or adjudged to pay costs in the 
discretion of the court. The said court shall also have jurisdiction as a 
court of equity within the limits of the said city, and in all other civil 
cases which have not been heretofore assigned to the court of common pleas. 
    41.-11. Each of the said two courts shall consist of one judge, who 
shall be elected by the legal and qualified voters of the said city, and 
shall bold his office for the term of ten years, subject to the provisions 
of this constitution, with regard to the election and qualification of 
judges and their removal from office, and the salary of each of the said 
judges shall be twenty-five hundred dollars a year; and the legislature 
shall, wherever it may think the same proper and expedient, provide, by law, 
another court for the city of Baltimore, to consist of one judge to be 
elected by the qualified voters of the said city, who shall be subject to 
the same constitutional provisions, hold his office for the same term of 
years, and receive the same compensation as the judge of the court of common 
pleas of the said city, and the said court shall have such jurisdiction and 
powers as may be prescribed by law. 
    42.-12. There shall also be a criminal court for the city of 
Baltimore, to be styled the criminal court of Baltimore, which shall consist 
of one judge, who shall also be elected by the legal and qualified voters of 
the said city, and who shall have and exercise all the jurisdiction now 
exercised by Baltimore city court, and the said judge shall receive a salary 
of two thousand dollars a year, and shall be subject, to the provisions of 
this constitution with regard to the election and qualifications of judges, 
term of office, and removal therefrom. 
    43.-13. The qualified voters of the city of Baltimore, and of the 
several counties of the state, shall, on the first, Wednesday of November, 
eighteen hundred and fifty-one, and on the same day of the same month in, 
every fourth year forever thereafter, elect three men to be judges of the 
orphans' court of said city and counties respectively, who shall be citizens 
of the state of Maryland, and citizens of the city or county for which they 
may be severally elected at the time of their election. They shall have all 
the powers now vested in the orphans' courts of this state, subject to such 
changes therein as the legislature may prescribe, and each of said judges 
shall be paid at a per diem rate, for the time they are in session, to be 
fixed by the legislature, and paid by the said counties and city 
respectively. 
    44.-14. The legislature, at its first session after the adoption of 
this constitution, shall fix the number of justices of the peace and 
constables for each ward of the city of Baltimore, and for each election 
district in the several counties, who shall be elected by the legal and 
qualified voters thereof respectively, at the next general election for 
delegates thereafter, and shall hold their offices for two years from the 
time of their election, and until their successors in office are elected and 
qualified; and the legislature may, from time to time, increase or diminish 
the number of justices of the peace and constables to be elected in the 
several wards and election districts, as the wants and interests of the 
people may require. They shall be, by virtue of their offices, conservators 
of the peace in the said counties and city respectively, and shall have such 
duties and compensation as now exist, or may be provided for by law. In the 
event of a vacancy in the office of a justice of the peace, the governor 
shall appoint a person to serve as justice of the peace, until the next 
regular election of said officers, and in case of a vacancy in the office of 
constable, the county commissioners of the county, in which a vacancy may 
occur, or the mayor and city council of Baltimore, as the case may be, shall 
appoint a person to serve as constable until the next regular election 
thereafter for said officers. An appeal shall lie in all civil cases from 
the judgment of a justice of the peace to the circuit court, or, to the 
court of common pleas of Baltimore city, as the case way be, and on all such 
appeals, either party shall be entitled to a trial by jury, according to the 
laws now existing, or which way be hereafter enacted. And the mayor and city 
council may provide, by ordinance, from time to time, for the creation and 
government of such temporary additional police, as they may deem necessary 
to preserve the public peace. 
    45.-15. No judge shall sit in any case wherein he may be interested, 
or where either of the parties may be connected with him by affinity or 
consanguinity, within such degrees as may be prescribed by law, or where he 
shall have been of counsel in the case and whenever any of the judges of the 
circuit courts, or of the courts for Baltimore city, shall be thus 
disqualified, or whenever, by reason of sickness, or any other cause, the 
said judges, or any of them, may be unable to sit in any cause, the parties 
may, by consent, appoint a proper person to try the said cause, or the 
judges, or any of them, shall do so when directed by law. 
    46.-16. The present chancellor and the register in chancery, and, in 
the event of any vacancy in their respective offices, their successors in 
office respectively, who are to be appointed as at present, by the governor 
and senate, shall continue in office, with the powers and compensation as at 
present established, until the expiration of two years after the adoption of 
this constitution by the people, and until the, end of the session of the 
legislature next thereafter, after which the said offices of chancellor and 
register shall be abolished. The legislature shall, in the mean time, 
provide by law for the recording, safe-keeping, or other disposition, of the 
records, decrees and other proceedings of the court of chancery, and for the 
copying and attestation thereof, and for the custody and use of the great 
seal of the state, when required, after the expiration of the said two 
years, and for transmitting to the said counties, and to the city of 
Baltimore, all the cases and proceedings in said court then undisposed of 
and unfinished, in such manner, and under such regulations as may be deemed 
necessary and proper: Provided, that no new business shall originate in the 
said court, nor shall any cause be removed to the same from any other court, 
from and after the ratification of this constitution. 
    47.-17. The first election of judges, clerks, registers of wills, and 
all other officers, whose election by the people is provided for in this 
article of the constitution, except justices of the peace and constables, 
shall take place throughout the state on the first Wednesday of November 
next after the ratification of this constitution by the people. 
    48.-18. In case of the death, resignation, removal, or other 
disqualification of a judge of any of the courts of law, the governor, by 
and with the advice and consent of the senate, shall thereupon appoint a 
person, duly qualified, to fill said office until the next general election 
for delegates thereafter; at which time an election shall be held as 
hereinbefore prescribed, for a judge, who shall hold the said office for ten 
years, according to the provisions of this constitution. 
    49.-19. In case of the death, resignation, removal, or other 
disqualification of the judge of an orphans' court, the vacancy shall be 
filled by the appointment of the governor, by and with the advice and 
consent of the senate. 
    50.-20. Whenever lands lie partly in one county, and partly in another 
or partly in a county and partly in the city of Baltimore, or whenever 
persons proper to be made defendants to proceedings in chancery, reside some 
in one county and some in another, that court shall have jurisdiction in 
which proceedings shall have been first commenced, subject to such rules, 
regulations and alterations as may be prescribed by law. 
    51.-21. In all suits or actions at law, issues from the orphans' court 
or from any court sitting in equity, in petitions for freedom, and in all 
presentments and indictments now pending, or which may be pending at the 
time of the adoption of this constitution by the people, or which may 
hereafter be instituted in any of the courts of law of this state, having 
jurisdiction thereof, the judge or judges thereof, upon suggestion in 
writing, if made by the state's attorney, or the prosecutor for the state, 
or upon suggestion in writing, supported by affidavit, made by any of the 
parties thereto, or other proper evidence, that a fair and impartial trial 
cannot be had in the court where such suit or action at law, issues or 
petitions, or presentment and indictment is depending, shall order and 
direct the record of proceedings in such suit or action, issues or 
petitions, presentment or indictment, to be transmitted to the court of any 
adjoining county; provided, that the removal in all civil causes be confined 
to an adjoining county within the judicial circuit, except as to the city of 
Baltimore, where the removal may be to an adjoining county, for trial, which 
court shall hear and determine the same in like manner as if such suit or 
action, issues or petitions, presentment or indictment, had been originally 
instituted therein; and provided also, that such suggestion shall be made as 
aforesaid, before or during the term in which the issue or issues may be 
joined in said suit or action, issues or petition, presentment or 
indictment, and that such further remedy in the premises may be provided by 
law, as the legislature shall from time to time direct and enact. 
    52.-22. All election of judges, and other officers provided for by 
this constitution, shall be certified, and the returns made by the clerks of 
the respective counties to the governor, who shall issue commissions to the 
different persons for the offices to which they shall have been respectively 
elected; and in all such elections, the person having the greatest number of 
votes, shall be declared to be elected. 
    53.-23. If, in any case of election for judges, clerks of the courts 
of law and registers of wills, the opposing candidates shall have an equal 
number of votes, it shall be the duty of the governor to order a new 
election; and in case of any contested election, the governor shall send the 
returns to the house of delegates, who shall judge of the election and 
qualification of the candidates at such election. 

MASCULINE. That which belongs to the male sex.
     2. The masculine sometimes includes the feminine, vide an example under 
the article Man, and see also the articles Gender, Worthiest of blood; Poth. 
Intr. au titre 16, des Testamens et Donations Testamentaires, n. 170; Ayl, 
Pand. 57; 4 C. & P. 216; S. C. 19 E. C. L. R. 551 3 Fred. Code, pr. 1, b. 1, 
t. 4, s. 3; 3 Brev. R. 9. 

MASSACHUSETTS. One of the original states of the United States of America. 
The colony or province of Massachusetts was included in a charter granted by 
James the First, by which its territories were extended in breadth from the 
40th to the 48th degree of north latitude, and in length by all the breadth 
aforesaid throughout the mainland from sea to sea. This charter continued 
until 1684. Holmes' Annals, 412; 1 Story, Const. Sec. 71. In 1691 William 
and Mary granted a new charter to the colony, and henceforth it became known 
as a province, and continued to act under this charter till after the 
Revolution. 1 Story, Const. Sec. 71. 
     2. The constitution of Massachusetts was adopted by a convention begun 
and held at Cambridge, on the first of September, 1779, and continued, by 
adjournment, to the second of March, 1780. 
     3. The style and name of the state is The Commonwealth of 
Massachusetts. The government is distributed into a legislative, executive 
and judicial power.   
     4.-1st. The department of legislation is formed by two branches, a 
senate and house of representatives, each of which has a negative on the 
other, and both are styled The General Court of Massachusetts. Part 2, c. 1, 
s. 1. 
     5.-1. The senate is elected by the qualified electors, and is 
composed of forty persons to be counsellors and senators for the year 
ensuing their election. Part 2, c. 1, s. 2, art. 1. 
     6.-2. The House of representatives is composed of an indefinite 
number of persons elected by the towns in proportion to their population. 
Part 2, c. 1, s. 3, art. 2. 
     7.-2d. The executive power is vested in a governor, lieutenant 
governor and council. 
     8.-1. The supreme executive magistrate is styled The Governor of the 
Commonwealth of Massachusetts. He is elected yearly by the qualified 
electors. Part 2, c. 2, s. 1. He is invested with the veto power. Part 2, c. 
1, s. 1, art. 2. 
     9.-2. The electors are required to elect annually a lieutenant 
governor. When the office of governor happens to be vacant he acts as 
governor, and at other times he is a member of the council. Part 2, c. 2, s. 
2, art. 2 and 3. 
    10.-3. The council consists of nine persons chosen annually by the 
general court; they mast be taken from those returned for counsellors and 
senators, unless they will not accept the said office, when they shall be 
chosen from the people at large. The council shall advise the governor in 
the executive part of the government. Part 2, c. 2, s. 3, art. 1 and 2. 
    11.-3d. The judicial power. The third chapter of part second of the 
constitution makes the following provisions in relation to the judiciary: 
    Art. 1. The tenure that all commissioned officers shall, by law, have in 
their office, shall be expressed in their respective commissions; all 
judicial officers, duly appointed, commissioned, and sworn, shall hold their 
offices during good behaviour; excepting such concerning whom there is 
different provision made in this constitution; Provided, nevertheless, the 
governor, with consent of the council, may remove them upon the address of 
both houses of the legislature. 
    12.-2. Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of the 
supreme judicial court, upon important questions of law, and upon solemn 
occasions. 
    13.-3. In order that the people may not suffer from the long 
continuance in place of any justice of the peace, who shall fail of 
discharging the important duties of his office with ability or fidelity, all 
commissions of justices of the peace shall expire and become void in the 
term of seven years from their respective dates; and upon the expiration of 
any commission, the same may, if necessary, be renewed, or another person 
appointed, as shall most conduce to the well-being of the commonwealth. 
    14.-4. The judges of probates of wills, and for granting letters of 
administration, shall hold their courts at such place or places, on fixed 
days, as the convenience of the people may require; and the legislature 
shall, from time to time hereafter, appoint such times and places: until 
which appointments, the said courts shall be holden at the times and places 
which the respective judges shall direct. 
    15.-5. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate, shall be heard and determined by the governor 
and council, until the legislature shall, by law, make other provision. 

MASTER. This word has several meanings. 1. Master is one who has control 
over a servant or apprentice. A master stands in relation to his 
apprentices, in loco parentis, and is bound to fulfill that relation, which 
the law generally enforces. He is also entitled to be obeyed by his 
apprentices, as if they were his children. Bouv. Inst. Index, h.t. 
     2.-2. Master is one who is employed in teaching children, known 
generally as a schoolmaster; as to his powers, see Correction. 
     3.-3. Master is the name of an officer: as, the ship Benjamin 
Franklin, whereof A B is master; the master of the rolls; master in 
chancery, &c. 
     4.-4. By master is also understood a principal who employs another to 
perform some act or do something for him. The law having adopted the maxim 
of the civil law, qui facit per alium facit per se; the agent is but an 
instrument, and the master is civilly responsible for the act of his agent, 
as if it were his own, when he either commands him to do an act, or puts him 
in a condition, of which such act is a result, or by the absence of due care 
and control, either previously in the choice of his agent, or immediately in 
the act itself, negligently suffers him to do an injury. Story, Ag. Sec. 
454, note; Noy's Max. c. 44; Salk. 282; 1 East. R. 106; 1 Bos. & Pul. 404; 2 
H. Bl. 267; 5 Barn. & Cr. 547; 2 Taunt. R. 314; 4 Taunt. R. 649; Mass. 364, 
385; 17 Mass. 479, 509;  1 Pick. 47 5; 4 Watts, 222; 2 Harr. & Gill., 316; 6 
Cowen, 189; 8 Pick. 23; 5 Munf. 483. Vide Agent; Agency; Driver; Servant. 

MASTER AT COMMON LAW, Eng. law. An officer of the superior courts of law, 
who has authority for taking affidavits sworn in court, and administering a 
variety of oaths; and also empowered to compute principal and interest on 
bills of exchange and other engagements, on which suit has been brought; he 
has also the power of an examiner of witnesses going abroad, and the like. 

MASTER IN CHANCERY. An officer of the court of chancery. 
     2. The origin of these officers is thus accounted for. The chancellor 
from the first found it necessary to have a number of clerks, were it for no 
other purpose, than to perform the mechanical part of the business, the 
writing; these soon rose to the number of twelve. In process of time this 
number being found insufficient, these clerks contrived to have other clerks 
under them, and then, the original clerks became distinguished by the name 
of masters in chancery. He is an assistant to the chancellor, who refers to 
him interlocutory orders for stating accounts, computing damages, and the 
like. Masters in chancery are also invested with other powers, by local 
regulations. Vide Blake's Ch. Pr. 26; 1 Madd. Pr. 8 1 Smith's Ch. Pr. 9, 19. 
     3. In England there are two kinds of masters in chancery, the ordinary, 
and the extraordinary.. 
     4.-1. The masters in ordinary execute the orders of the court, upon 
references made to them, and certify in writing in what manner they have 
executed such orders. 1 Sm. Ch. Pr. 9. 
     5.-2. The masters extraordinary perform the duty of taking affidavits 
touching any matter in or relating to the court of chancery, taking the 
acknowledgment of deeds to be enrolled in the said court, and taking such 
recognizances, as may by the tenor of the order for entering them, be taken 
before a master extraordinary. 1 Sm. Ch. Pr. 19. Vide, generally, 1 Harg. 
Law Tr. 203, a Treatise of the Maister of the Chauncerie. 

MASTER OF THE ROLLS. Eng. law. An officer who bears this title, and who acts 
as an assistant to the lord chancellor, in the court of chancery. 
     2. This officer was formerly one of the clerks in chancery whose duty 
was principally confined to keeping the rolls; and when the clerks in 
chancery became masters, then this officer became distinguished as master of 
the rolls. Vide Master in Chancery. 

MASTER OF A SHIP, mar. law. The commander or first officer of a ship; a 
captain. (q.v.) 
     2. His rights and duties have been considered under the article 
Captain. Vide also, 2 Bro. Civ. Adm. Law, 133; 3 Kent, Com. 121; Wesk. Ins. 
360; Park. on Ins. Index, h.t.; Com. Dig. Navigation, I 4. 

MATE. The second officer on board of a merchant ship or vessel. 
     2. He has the right to sue in the admiralty as a common mariner for 
wages. 1. Pet. Adm. Dee. 246. 
     3. When, on the death of the master, the mate assumes the command, he 
succeeds to the rights and duties of the principal officer. 1 Sumn. 157; 3 
Mason, 161; 4 Mason, 196; See 7 Conn. 239; 4 Mason, 641 4 Wash. C. C. 838. 

MATER FAMILIAS, civil law. The mother of a family, and, by extension, the 
mistress of a family. 

MATERIAL MEN. This name is given to persons who furnish materials for the 
purpose of constructing or erecting ships, houses, and other buildings. 
     2. By the common law material men have a lien on a foreign ship for 
supplies of materials furnished for such ship, which may be recovered in the 
admiralty. 9 Wheat. 409. But they have no lien for furnishing materials for 
repairs of domestic ships. Wheat. 438. 
     3. In several of the states, laws have been enacted giving material men 
a lien on houses and other buildings when they have furnished materials for 
constructing the same. 

MATERIALITY. That which is important; that which is not merely of form but 
of substance. 
     2. When a bill for discovery has been filed, for example, the defendant 
must answer every material fact which is charged in the bill, and the test 
in these cases seems to be that when, if the defendant should answer in the 
affirmative, his answer would be of use to the plaintiff, the answer would 
be material, and it must be made. 4 Price, R. 364; 13 Price, R. 291; 2 Y. & 
J. 385. 
     3. In order to convict a witness of a perjury, it is requisite to prove 
that the matter he swore to was material to the question then depending. 
Vide 3 Chit. Pr. 233; 3 Dowl. 104; 10 Bing. 340; Perjury. 

MATERIALS. Everything of which anything is made.
     2. When materials are furnished to a workman he is bound to use them 
according to his contract, as a tailor is bound to employ the cloth I 
furnish him with, to make me a coat that shall fit me, for if he so make it 
that I cannot wear it, it is not a proper employment of the materials. But 
if the undertaker use ordinary skill and care, he will not be responsible, 
although the materials may be injured; as, if a gem be delivered to a 
jeweler, and it is broken without any unskillfulness, negligence or rashness 
of the artisan, he will not be liable. Poth. Louage, n. 428. 
     3. The workman is to use ordinary diligence in the care of the 
materials entrusted with him, or to exercise that caution which a prudent 
man takes of his own affairs, and he is also bound to preserve them from any 
unexpected danger to which they may be exposed. 1 Gow. R. 30; 1 Camp. 138. 
     4. When there is no special contract between the parties, and the 
materials perish while in the possession of the workman or undertaker, 
without his default, either by inevitable casualty, by internal defect, by 
superior force, by robbery or by any peril not guarded against by ordinary 
diligence, he is not responsible. This is the case only when the material 
belongs to the employer and the workman only undertakes to put his work upon 
it. But a distinction must be observed in the case when the employer has 
engaged a workman to make him an article out of his own materials, for in 
that case the employer has no property in it, until the work be completed, 
and the article be delivered to him; if, in the mean time, the thing 
perishes, it is the loss of the workman, who is wholly its owner, according 
to the maxim res perit domino. In the former case the employer is the owner; 
in the latter the workman; in the first case it is a bailment, in the second 
a sale of the thing in futuro. Domat. B. 1, t. 4, Sec. 7, n. 3; Id. B. 1, t. 
4, Sec. 8, n. 10. 
     5. Another distinction must be made in the case when the thing given by 
the employer was to become the property of the workman, and an article was 
to be made out of similar materials, and before its completion it perished. 
In this case the title to the thing having passed to the workman, the loss 
must be his. 1 Blackf. 353; 7 Cowen, 752, 756, note; 21 Wend. 85; 3 Mason, 
478; Dig. 19, 2, 31; 1 Bouv. Inst. 1006-7. 
     6. In some of the states by their laws persons who furnish materials 
for the construction of a building, have a lien against such building for 
the payment of the value of such materials. See Lien of Mechanics. 

MATERNA MATERNIS. This expression is used in the French law to signify that 
in a succession the property coming from the mother of a deceased person, 
descends to his maternal relations. 

MATERNAL. That which belongs to, or comes from the mother: as, maternal 
authority, maternal relation, maternal estate, maternal line. Vide Line. 

MATERNAL PROPERTY. That which comes from the mother of the party, and other 
ascendants of the maternal stock. Domat, Liv. Prel. tit. 3, s. 2, n. 12. 

MATERNITY. The state or condition of a mother.
     2. It is either legitimate or natural. The former is the condition of 
the mother who has given birth to legitimate children, while the latter is 
the condition of her who has given birth to illegitimate children. Maternity 
is always certain, while the paternity (q.v.) is only presumed. 

MATERTERA. Maternal aunt; the sister of one's mother. Inst. 3, 4, 3; Dig. 
38, 10, 10, 14. 

MATHEMATICAL EVIDENCE. That evidence which is established by a 
demonstration. It is used in contradistinction to moral evidence. (q.v.) 

MATRICULA, civil law. A register in which are inscribed the names of persons 
who become members of an association or society. Dig. 50, 3, 1. In the 
ancient church there was matricula clericorum, which was a catalogue of the 
officiating clergy; and matricula pauperum, a list of the poor to be 
relieved; hence to be entered in the university is to be matriculated. 

MATRIMONIAL CAUSES. In the English ecclesiastical courts there are five 
kinds of causes which are classed under this head. 1. Causes for a malicious 
jactitation. 2. Suits for nullity of marriage, on account of fraud, incest, 
or other bar to the marriage. 2 Hagg. Cons. Rep. 423. 3. Suits for 
restitution of conjugal rights. 4. Suits for divorces on account of cruelty 
or adultery, or causes which have arisen since the marriage. 5. Suits for 
alimony. 

MATRIMONIUM. By this word is understood the inheritance descending to a man, 
ex parti matris. It is but little used. 
     2. Among the Romans this word was employed to signify marriage; and it 
was so called because this conjunction was made with the design that the 
wife should become a mother. Inst. 1, 9, 1. 

MATRIMONY. See Marriage.

MATRINA. A godmother.

MATRON. A married woman, generally an elderly married woman. 
     2. By the laws of England, when a widow feigns herself with child, in 
order to exclude the next heir, and a suppositious birth is expected, 
then, upon the writ de ventre inspiciendo, a jury of women is to be, 
impanelled to try the question, whether with child or not. Cro, Eliz. 566. 
So when a woman was sentenced to death, and she declared herself to be quick 
with child, a jury of matrons is impanelled to try whether she be or be not 
with child. 4 Bl. Com. 395. See Pregnancy; Quick with child. 

MATTER. Some substantial or essential thing, opposed to form; facts. 

MATTER IN PAYS. Literally, matter in the country; matter of fact, as 
distinguished from matter of law, or matter of record. Steph. Pl. 197. Vide 
Country. 

MATTER IN DEED. Matter in deed is such matter as may be proved or 
established by a deed or specialty. In another sense it signifies matter of 
fact, in contradistinction to matter of law. Co. Litt. 320; Steph. Pl. 197. 

MATTER OF FACT, pleading. Matter which goes in denial of a declaration, and 
Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; Hob. 127. 

MATTER OF LAW, pleading. That which goes in avoidance of a declaration or 
other pleading, on the ground that the law does not authorize them. It does 
not deny the matter or fact contained in such pleading, but admitting them 
avoids them. Bac. Ab. Pleas, &c. G 3. Matter of law, is that which is 
referred to the decision of the court; matter of fact that which is 
submitted to the jury. 

MATTER OF RECORD. Those facts which may be proved by the production of a 
record. It differs from matter in deed, which consists of facts which may be 
proved by specialty. Vide Estoppel. 

MATTER, IMPERTINENT, Equity pleading. That which is altogether irrelevant to 
the case, that does not appertain or belong to it; id est, qui ad rem non 
pertinet. 4 Bouv. Inst. n. 4163. See Impertinent. 

MATTER, SCANDALOUS, equity pleading. A false and malicious statement of 
facts, not relevant to the cause. But nothing which is positively relevant, 
however harsh or gross the charge may be, can be considered scandalous. 4 
Bouv. Inst. n. 4163. 
     2. A bill cannot by the general practice, be referred for impertinence 
after the defendant has answered, or submitted to answer, but it may be 
referred for scandal at any time, and even upon the application of a 
stranger to the suit, for he has the right to prevent the records of the 
court from being made the vehicle of spreading slanders against himself. Id. 
n. 41f 64. 

MATURITY. The time when a bill or note becomes due. In order to bind the 
endorsers such note or bill must be protested, when not paid, on the last 
day of grace. See Days of grace. 

MAXIM. An established principle or proposition. A principle of law 
universally admitted, as being just and consonant With reason. 
     2. Maxims in law are somewhat like axioms in geometry. 1 Bl. Com. 68. 
They are principles and authorities, and part of the general customs or 
common law of the land; and are of the same strength as acts of parliament, 
when the judges have determined what is a maxim; which belongs to the judges 
and not the jury. Terms do Ley; Doct. & Stud. Dial. 1, c. 8. Maxims of the 
law are holden for law, and all other cases that may be applied to them 
shall be taken for granted. 1 Inst. 11. 67; 4 Rep. See 1 Com. c. 68; Plowd. 
27, b. 
     3. The application of the maxim to the case before the court, is 
generally the only difficulty. The true method of making the application is 
to ascertain bow the maxim arose, and to consider whether the case to which 
it is applied is of the same character, or whether it is an exception to an 
apparently general rule. 
     4. The alterations of any of the maxims of the common law are 
dangerous. 2 Inst. 210. The following are some of the more important maxims. 

A communi observantia non est recedendum. There should be no departure from 
   common observance or usage. Co. Litt. 186. 
A l'impossible nul n'est tenu. No one is bound to do what is impossible. 1 
   Bouv. Inst. n. 601. 
A verbis legis non est recedendum. From the words of the law there must be 
   no departure. Broom's Max. 268; 5 Rep. 119; Wing. Max. 25. 
Absentia ejus qui republicae causa abest, neque ei, neque alii damnosa esse 
   debet. The absence of him who is employed in the service of the state, 
   ought not to be burdensome to him nor to others. Dig. 50, 17, 140. 
Absoluta sentetia expositore non indiget. An absolute unqualified sentence 
   or proposition, needs no expositor. 2 Co. Inst. 533. 
Abundans cautela non nocet. Abundant caution does no harm. 11 Co. 6. 
Accessorius sequit naturam sui principalis. An accessary follows the nature 
   of his principal. 3 Co. Inst. 349. 
Accessorium non ducit sed sequitur suum principale. The accessory does not 
   lead, but follow its principal. Co. Litt. 152. 
Accusare nemo debet se, nisi coram Deo. No one ought to accuse himself, 
   unless before God. Hard. 139. 
Actio exteriora indicant interiora secreta. External actions show internal 
   secrets. 8 Co. R. 146. 
Actio non datur non damnificato. An action is not given to him who has 
   received no damages. 
Actio personalis moritur cum persona. A personal action dies with the 
   person. This must be understood of an action for a tort only. 
Actor qui contra regulam quid adduxit, non est audiendus. He ought not to be 
   heard who advances a proposition contrary to the rules of law. 
Actor sequitur forum rei. The plaintiff must follow the forum of the thing 
   in dispute. 
Actore non probante reus absolvitur. When the plaintiff does not prove his 
   case, the defendant is absolved. 
Actus Dei nemini facit injuriam. The act of God does no injury; that is, no 
   one is responsible for inevitable accidents. 2 Blacks. Com. 122. See Act 
   of God. 
Actus incaeptus cujus perfectio pendet, ex voluntate partium, revocari 
   potest; si autem pendet ex voluntate tertia personae, vel ex contingenti, 
   revocari non potest. An act already begun, the completion of which 
   depends upon the will of the parties, may be recalled; but if it depend 
   on the consent of a third person, or of a contingency, it cannot be 
   recalled. Bacon's Max. Reg. 20. 
Actus me invito factus, non est meus actus. An act done by me against my 
   will, is not my act. 
Actus non reum facit, nisi mens sit rea. An act does not make a person 
   guilty, unless the intention be also guilty. This maxim applies only to 
   criminal cases; in civil matters it is otherwise. 2 Bouv. Inst. n. 2211. 
Actus legitimi non recipiunt modum. Acts required by law to be done, admit 
   of no qualification. Hob. 153. 
Actus legis nemini facit injuriam, The act of the law does no one an injury. 
   5 Co. 116. 
Ad proximum antecedens fiat relatio, nisi impediatur sententia. The 
   antecedent bears relation to what follows next, unless it destroys the 
   meaning of the sentence. 
Ad quaestiones facti non respondent judices; ad quaestione legis non 
   respondent juratores. The judges do not answer to questions of fact; the 
   jury do not answer to questions of law. Co. Litt. 295. 
Aestimatio praeteriti delicti ex postremo facto nunquam crescit. The 
   estimation of a crime committed never increased from a subsequent fact. 
   Bac. Max. Reg. 8. 
Ambiguitas verborum latens verificatione suppletur; nam quod exfacto oritur 
   ambiguum verificatione facti tollitur. A hidden ambiguity of the words is 
   supplied by the verification, for whatever ambiguity arises concerning 
   the deed itself is removed by the verification of the deed. Bacon's Max. 
   Reg. 23. 
Aqua cedit solo. The water yields or accompanies the soil. The grant of the 
   soil or land carries the water. 
Aqua curit et debet currere. Water runs and ought to run. 3 Rawle, 84, 88. 
Aequitas agit in personam. Equity acts upon the person. 4 Bouv. Inst. n. 
   3733. 
Aequilas sequitier legem. Equity follows the law. 1 Story, Eq. Jur. Sec. 
   64.; 3 Woodes. Lect. 479, 482. 
Aequum et bonum, est lex legum. What is good and equal, is the law of laws. 
   Hob. 224. 
Affirmati, non neganti incumbit probatio. The proof lies upon him who 
   affirms, not on him who denies. 
Aliud est celare, aliud tacere. To conceal is one thing, to be silent 
   another. 
Alternatica petitio non est audienda. An alternate petition is not to be 
   heard. 5 Co. 40. 
Animus ad se omne jus ducit. It isto the intention that all law applies. 
Animus moninis est anima scripti. The intention of the party is the soul of 
   the instrument. 3 Bulstr. 67. 
Apices juris non sunt jura. Points of law are not laws. Co. Litt. 304; 3 
   Scott, N. P. R. 773. 
Arbitrium est judicium. An award is a judgment. Jenk Cent. 137. 
Argumentum a majori ad minus negative non valet; valet e converso. An 
   argument from the greater to the less is of no force negatively; 
   conversely it is. Jenk. Cent. 281. 
Argumentum a divisione est fortissimum in jure. An argument arising from a 
   division is most powerful in law. 6 Co. 60. 
Argumentum ab inconvenienti est validum in lege; quia lex non permittit 
   aliquod inconveniens. An argument drawn from what is inconvenient is good 
   in law, because the law will not permit any inconvenience. Co. Litt. 258. 
Argumentum ab impossibili plurmum valet in lege. An argument deduced from 
   authority great avails in law. Co. Litt. 92. 
Argumentum ab authoritate est fortissimum in lege. An argument drawn from 
   authority is the strongest in law. Co. Litt. 254. 
Argumentum a simili valet in lege. An argument drawn from a similar case, or 
   analogy, avails in law. Co. Litt. 191. 
Augupia verforum sunt judice indigna. A twisting of language is unworthy of 
   a judge. Hob. 343. 
Bona fides non patitur, ut bis idem exigatur. Natural equity or good faith 
   do no allow us to demand twice the payment of the same thing. Dig. 50, 
   17, 57. 
Boni judicis est ampliare jurisdictionem. It is the part of a good judge to 
   enlarge his jurisdiction; that, his remedial authority. Chan. Prec. 329; 
   1 Wils 284; 9 M. & Wels. 818. 
Boni judicis est causas litium derimere. It is the duty of a good judge to 
   remove the cause of litigation. 2 Co. Inst. 304. 
Bonum defendentis ex integra causa, malum ex quolibet defectu. The good of a 
   defendant arises from a perfect case, his harm from some defect. 11 Co. 
   68. 
Bonum judex secundum aequum et bonum judicat, et aequitatem stricto juri 
   praefert. A good judge decides according to justice and right, and 
   prefers equity to strict law. Co. Litt. 24. 
Bonum necessarium extra terminos necessitatis non est bonum. Necessary good 
   is not good beyond the bounds of necessity. Hob. 144. 
Casus fortuitus non est sperandus, et nemo tenetur devinare. A fortuitous 
   event is not to be foreseen, and no person is held bound to divine it. 4 
   Co. 66. 
Casus omissus et oblivione datus dispositioni communis juris relinquitur. A 
   case omitted and given to oblivion is left to the disposal of the common 
   law. 5 Co. 37. 
Catalla juste possessa amitti non possunt. Chattels justly possessed cannot 
   be lost. Jenk. Cent. 28. 
Catalla repuntantur inter minima in lege. Chattels are considered in law 
   among the minor things. Jenk Cent. 52. 
Causa proxima, non remota spectatur. The immediate, and not the remote 
   cause, is to be considered. Bac. Max. Reg. 1. 
Caveat emptor. Let the purchaser beware. 
Cavendum est a fragmentis. Beware of fragments. Bacon, Aph. 26. 
Cessante causa, cessat effectus. The cause ceasing, the effect must cease. 
C'est le crime qui fait la honte, et non pas l'echafaud. It is the crime 
   which causes the shame, and not the scaffold. 
Charta de non ente non valet. A charter or deed of a thing not in being, is 
   not valid. Co. Litt. 36. 
Chirographum apud debitorem repertum praesumitur solutum. A deed or bond 
   found with the debtor is presumed to be paid. 
Circuitus est evitandus. Circuity is to be avoided. 5 Co. 31. 
Clausula inconsuetae semper indicunt suspicionem. Unusual clauses always 
   induce a suspicion. 3 Co. 81. 
Clausula quae abrogationem excludit ab initio non valet. A clause in a law 
   which precludes its abrogation, is invalid from the beginning. Bacon's 
   Max. Reg. 19, p. 89. 
Clausula vel dispositio inutilis per praesumptionem remotam vel causam, ex 
   post facto non fulcitur. A useless clause or disposition is not supported 
   by a remote presumption, or by a cause arising afterwards. Bacon's Max. 
   Reg. 21. 
Cogitationis poenam nemo patitur. No one is punished for merely thinking of 
   a crime. 
Commodum ex injuria sua non habere debet. No man ought to derive any benefit 
   of his own wrong. Jenk. Cent. 161. 
Communis error facit jus. A common error makes law. What was at first 
   illegal, being repeated many times, is presumed to have acquired the 
   force of usage, and then it would be wrong to depart from it. The 
   converse of this maxim is communis error no facit just. A common error 
   does not make law. 
Confessio facta in judicio omni probatione major est. A confession made in 
   court is of greater effect than any proof. Jenk. 
Cent. 102; 11 Co. 30. 
Confirmare nemo potest priusquam just ei acciderit. No one can confirm 
   before the right accrues to him. 10 Co. 48. 
Confirmatio est nulla, ubi donum praecedens est invalidum. A confirmation is 
   null where the preceding gift is invalid. Co. Litt. 295. 
Conjunctio mariti et faeminae est de jure naturae. The union of a man and a 
   woman is of the law of nature. 
Consensus non concubitus facit nuptiam. Consent, not lying together, 
   constitutes marriage. 
Consensus facit legem. Consent makes the law. A contract is a law between 
   the parties, which can acquire force only by consent. 
Consensus tollit errorem. Consent removes or obviates a mistake. 
Co. Litt. 126. 
Consentientes et agentes pari poena plectentur. Those consenting and those 
   perpetrating are embraced in the same punishment. 5 Co. 80. 
Consequentiae non est consequentia. A consequence ought not to be drawn from 
   another consequence. Bacon, De Aug. Sci. Aph. 16. 
Consilii, non fraudulenti, nulla est obligatio. Advice, unless fraudulent, 
   does not create an obligation. 
Constructio contra rationem introducta, potius usurpatio quam consuetudo 
   appellari debet. A custom introduced against reason ought rather to be 
   called an usurpation than a custom. Co. Litt. 113. 
Construction legis non facit injuriam. The construction of law works not an 
   injury. Co. Litt. 183; Broom's Max. 259. 
Consuetudo debet esse certa. A custom ought to be certain. Dav. 33. 
Consuetudo est optimus interpres legum. Custome is the best expounder of the 
   law. 2 Co. Inst. 18; Dig. 1, 3, 37; Jenk. Cent. 273. 
Consuetudo est altera lex. Custom is another law. 4 Co. 21. 
Consuetudo loci observanda est. The custom of the place is to be observed. 6 
   Co. 67. 
Consuetudo praescripta et legitima vincit legem. A prescriptive and 
   legitimate custom overcomes the law. Co. Litt. 113. 
Consuetudo semel reprobata non potest amplius induci. Custom once disallowed 
   cannot again be produced. Dav. 33. 
Consuetudo voluntis ducit, lex nolentes trahit. Custom leads the willing, 
   law, law compels or draws the unwilling. Jenk. Cent. 274. 
Contestio litis eget terminos contradictaris. An issue requires terms of 
   contradiction; that is, there can be no issue without an affirmative on 
   one side and a negative on the other. 
Contemporanea expositio est optima et fortissima in lege. A contemporaneous 
   exposition is the best and most powerful in the law. 2 Co. Inst. 11. 
Contra negantem principia non est disputandum. There is no disputing against 
   or denying principles. Co. Litt. 43. 
Contra non volentem agere nulla currit praescriptio. No prescription runs 
   against a person unable to act. Broom's Max. 398. 
Contra veritatem lex numquam aliquid permittit. The law never suffers 
   anything contrary to truth. 2 Co. Inst. 252. But sometimes it allows a 
   conclusive presumption in opposition to truth. See 3 Bouv. Inst. n. 3061. 
Contractus legem ex conventione accipiunt. The agreement of the parties 
   makes the law of the contract. Dig. 16, 3, 1, 6. 
Contractus ex turpi causa, vel contra bonos mores nullus est. A contract 
   founded on a base and unlawful consideration, or against good morals, is 
   null. Hob. 167; Dig. 2, 14, 27, 4. 
Conventio vincit legem. The agreement of the parties overcomes or prevails 
   against the law. Story, Ag. Sec.  See Dig. 16, 3, 1, 6. 
Copulatio verborum indicat acceptionem in eodem sensu. Coupling words 
   together shows that they ought to be understood in the same sense. 
   Bacon's Max. in Reg. 3. 
Corporalis injuria non recipit aestimationem de futuro. A personal injury 
   does no receive satisfaction from a future course of proceding. Bacon's 
   Max. in Reg. 6. 
Cuilibet in arte sua herito credendum est. Every one should be believed 
   skillful in how own art. Co. Litt. 125. Vide Experts; Opinion. 
Cujus est commodum ejus debet esse incommodum. He who receives the benefit 
   should also bear the disadvantage. 
Cujus est dare ejus est disponere. He who has a right to give, has the right 
   to dispose of the gift. 
Cujus per errorem dati repetitio est, ejus consulto dati donatio est. 
   Whoever pays by mistake what he does not owe, may recover it back; but he 
   who pays, knowing he owes nothing; is presumed to give. 
Cujus est solum, ejus est usque ad caelum. He who owns the soil, owns up to 
   the sky. Co. Litt. 4 a; Broom's Max. 172; Shep. To. 90; 2 Bouv. Inst. n. 
   15, 70. 
Cujus est divisio alterius est electio. Which ever of two parties has the 
   division, the other has the choice. Co. Litt. 166. 
Cujusque rei potissima pars principium est. The principal part of everything 
   is the beginning. Dig. 1, 2, 1; 10 Co. 49. 
Culpa tenet suos auctores. A fault finds its own. 
Culpa est immiscere se rei ad se non pertinenti. It is a fault to meddle 
   with what does not belong to or does not concern you. Dig. 50, 17, 36. 
Culpa paena par esto. Let the punishment be proportioned to the crime. 
Culpa lata aequiparatur dolo. A concealed fault is equal to a deceit. 
Cui pater est populus non habet ille patrem. He to whom the people is 
   father, has not a father. Co. Litt. 123. 
Cum confitente sponte mitius est agendum. One making a voluntary confession, 
   is to be dealt with more mercifully. 4 Co. Inst. 66. 
Cum duo inter se pugnantia reperiuntur in testamento ultimum ratum est. When 
   two things repugnant to each other are found in a will, the last is to be 
   confirmed. Co. Litt. 112. 
Cum legitimae nuptiae factae sunt, patrem liberi sequuntur. Children born 
   under a legitimate marriage follow the condition of the father. 
Cum adsunt testimonia rerum quid opus est verbis. When the proofs of facts 
   are present, what need is there of words. 2 Bulst. 53. 
Curiosa et captiosa intepretatio in lege reprobatur. A curious and captious 
   interpretation in the law is to be reproved. 1 Bulst. 6. 
Currit tempus contra desides et sui juris contemptores. Time runs against 
   the slothful and those who neglect their rights. 
Cursus curiae est lex curiae. The practice of the court is the law of the 
   court. 3 Bulst. 53. 
De fide et officio judicis non recipitur quaestio; sed de scientia, sive 
   error sit juris sive facti. Of the credit and duty of a judge, no 
   question can arise; but it is otherwise respecting his knowledge, whether 
   he be mistaken as to the law or fact. Bacon's max. Reg. 17. 
De jure judices, de facto juratores, respondent. The judges answer to the 
   law, the jury to the facts. 
De minimis non curat lex. The law does not notice or care for trifling 
   matters. Broom's Max. 333; Hob. 88; 5 Hill, N.Y. Rep. 170. 
De morte hominis nulla est cunctatio longa. When the death of a human being 
   may be the consequence, no delay is long. Col Litt. 134. When the 
   question is on the life or death of a man, no delay is too long to admit 
   of inquiring into facts. 
De non apparentibus et non existentibus eadem est ratio. The reason is the 
   same respecting things which do not appear, and those which do not exist. 
De similibus ad similia eadem ratione procedendum est. From similars to 
   similars, we are to proceed by the same rule. 
De similibus idem est judicium. Concerning similars the judgment is the 
   same. 7 Co. 18. 
Debet esse finis litium. There ought to be an end of law suits. Jenk. Cent. 
   61. 
Debet qui juri subjacere ubi delinquit. Every one ought to be subject to the 
   law of the place where he offends. 3 Co. Inst. 34. 
Debile fundamentum, fallit opus. Where there is a weak foundation, the work 
   falls. 2 Bouv. Inst. n. 2068. 
Debita sequuntur personam debitoris. Debts follow the person of the debtor. 
   Story, Confl. of Laws, Sec. 362. 
Debitor non praesumitur donare. A debtor is not presumed to make a gift. See 
   1 Kames' Eq. 212; Dig. 50, 16, 108. 
Debitum et contractus non sunt nullius loci. Debt and contract are of no 
   particular place. 
Delegata potestas non potest delegari. A delegated authority cannot be again 
   delegated. 2 Co. Inst. 597; 5 Bing. N. C. 310; 2 Bouv. Inst. n. 1300. 
Delegatus non potest delegare. A delegate or deputy cannot appoint another. 
   2 Bouv. Inst. n. 1936; Story, Ag. Sec. 33. 
Derativa potestas non potest esse major primitiva. The power which is 
   derived cannot be greater than that from which it is derived. 
Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus tollitur. 
   To derogate from a law is to enact something contrary to it; to abrogate 
   a law, is to abolish it entirely. Dig. 50, 16, 102. See 1 Bouv. Inst. n. 
   91. 
Designatio unius est exclusio alterius, et expressum facit cessare tacitum. 
   The appointment or designation of one is the exclusion of another; and 
   that expressed makes that which is implied cease. Co. Litt. 210. 
Dies dominicus non est juridicus. Sunday is not a day in law. Co. Litt. 135 
   a; 21 Saund. 291. See Sunday. 
Dies inceptus pro completo habetur. The day of undertaking or commencement 
   of the business is held as complete. 
Dies incertus pro conditione habetur. A day uncertain is held as a 
   condition. 
Dilationes in lege sunt odiosae. Delays in law are odious. 
Disparata non debent jungi. Unequal things ought not to be joined. Jenk. 
   Cent. 24. 
Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is a wound 
   which wounds a common right. Dav. 69. 
Dissimilum dissimiles est ratio. Of dissimilars the rule is dissimilar. Co. 
   Litt. 191. 
Divinatio non interpretatio est, quae omnino recedit a litera. It is a guess 
   not interpretation which altogether departs from the letter. Bacon's Max. 
   in Reg. 3, p. 47. 
Dolosus versatur generalibus. A deceiver deals in generals. 2 Co. 34. 
Dolus auctoris non nocet successori. The fraud of a possessor does not 
   prejudice the successor. 
Dolus circuitu non purgator. Fraud is not purged by circity. Bacon's Max. in 
   Reg. 1. 
Domus sua cuique est tutissimum refugium. Every man's house is his castle. 5 
   Rep. 92. 
Domus tutissimum cuique refugium atque receptaculum. The habitation of each 
   one is an inviolable asylum for him. Dig. 2, 4, 18. 
Donatio perficitur possesione accipientis. A gift is rendered complete by 
   the possession of the receiver. See 1 Bouv. Inst. n. 712; 2 John. 52; 2 
   Leigh, 337. 
Donatio non praesumitur. A gift is not presumed. 
Donatur nunquam desinit possidere antequam donatarius incipiat possidere. He 
   that gives never ceases to possess until he that receives begins to 
   possess. Dyer, 281. 
Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes sleep, but 
   never die. 2 Co. Inst. 161. 
Dos de dote peti non debet, Dower ought not to be sought from dower. 4 Co. 
   122. 
Duas uxores eodem tempore habere non potest. It is not lawful to have two 
   wives at one time. Inst. 1, 10, 6. 
Duo non possunt in solido unam rem possidere. Two cannot possess one thing 
   each in entirety. Co. Litt. 368. 
Duplicationem possibilitatis lex non patitur. It is not allowed to double a 
   possibility. 1 Roll. R. 321. 
Ea est accipienda interpretation, qui vitio curet. That interpretation is to 
   be received, which will not intend a wrong. Bacon's Max. Reg. 3, p. 47. 
Ei incumbit probatio qui dicit, non qui negat. The burden of the proof lies 
   upon him who affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 
   Phil. Ev. 194; 1 Greenl. Ev. Sec. 74; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 
   Bouv Inst. n. 4411. 
Ei nihil turpe, cui nihil satis. To whom nothing is base, nothing is 
   sufficient. 4 Co. Inst. 53. 
Ejus est non nolle, qui potest velle. He who may consent tacitly, may 
   consent expressly. Dig. 50, 17, 8. 
Ejus est periculum cujus est dominium aut commodum. He who has the risk has 
   the  dominion or advantage. 
Electa una via, non datur recursus ad alteram. When there is concurrence of 
   means, he who has chosen one cannot have recourse to another. 10 Toull. 
   n. 170. 
Electio semel facta, et placitum testatum, non patitur regressum. Election 
   once made, and plea witnessed, suffers not a recall. Co. Litt. 146. 
Electiones fiant rite et libere sine interruptione aliqua. Elections should 
   be made in due form and freely, without any interruption. 2 Co. Inst. 
   169. 
Enumeratio infirmat regulam in casibus non enumeratis. Enumeration affirms 
   the rule in cases not enumerated. Bac. Aph. 17. 
Equality is equity. Francis' Max., Max. 3; 4 Bouv. Inst. n. 3725. 
Equity suffers not a right without a remedy.  4 Bouv. Inst. n. 3726. 
Equity looks upon that as done, which ought to be done. 4 Bouv. Inst. n. 
   3729; 1 Fonb. Eq. b. 1, ch. 6, s. 9, note; 3 Wheat. 563. 
Error fucatus nuda veritate in multis est probabilior; et saepenumero 
   rationibus vincit veritatem error. Error artfully colored is in many 
   things more probable than naked truth; and frequently error conquers 
   truth and reasoning. 2 Co. 73. 
Error juris nocet. Error of law is injurious. See 4 Bouv. Inst. n. 3828. 
Error qui non resistitur, approbatur. An error not resisted is approved. 
   Doct. & Stud. c. 70. 
Error scribentis nocere non debet. An error made by a clerk ought not to 
   injure; a clerical error may be corrected. 
Errores ad sua principia referre, est refellere. To refer errors to their 
   origin is to refute them. 3 Co. Inst. 15. 
Est autem vis legem simulans. Violence may also put on the mask of law. 
Est boni judicis ampliare jurisdictionem. It is the part of a good judge to 
   extend the jurisdiction. 
Ex antecedentibus et consequentibus fit optima interpretatio. The best 
   interpretation is made from antecedents and consequents. 2 Co. Inst. 317. 
Ex diuturnitate temporis, amnia praesumuntur solemniter esse acta. From 
   length of time, all things are presumed to have been done in due form. 
   Co. Litt. 6; 1 Greenl. Ev. Sec. 20. 
Ex dolo malo non oritur action. Out of fraud no action arises. Cowper, 343; 
   Broom's Max. 349. 
Ex facto jus oritur. Law arises out of fact; that is, its application must 
   be to facts. 
Ex malificio non oritur contractus. A contract cannot arise out of an act 
   radically wrong and illegal. Broom's Max. 851. 
Ex multitudine signorum, colligitur identitas vera. From the great number of 
   signs true identity may be ascertained. Bacon's Max. in Reg. 25. 
Ex nudo pacto non oritur action. No actions arises on a naked contract 
   without a consideration. See Nudum Pactum. 
Ex tota materia emergat resolutio. The construction or resolution should 
   arise out of the whole subject matter. 
Ex turpi causa non oritur action. No action arises out of an immoral 
   consideration. 
Ex turpi contractu non oritur actio. No action arises on an immoral 
   contract. 
Ex uno disces omnes. From one thing you can discern all. 
Excusat aut extenuat delictum in capitalibus, quod non operatur idem in 
   civilibus. A wrong in capital cases is excused or palliated which would 
   not be so in civil matters. Bacon's Max. Reg. 7. 
Exceptio ejus rei cujus petitiur dissolutio nulla est. There can be no plea 
   of that thing of which the dissolution is sought. Jenk. Cent. 37. 
Exceptio falsi omnium ultima. A false plea is the basest of all things. 
Exceptio firmat regulam in contrarium. The exception affirms the rule in 
   contrary cases. Bac. Aph. 17. 
Exceptio firmat regulam in casibus non exceptis. The exception affirms the 
   rule in cases not excepted. Bac. Aph. 17. 
Exceptio nulla est versus actionem quae exceptionem perimit. There can be no 
   plea against an action which entirely destroys the plea. Jenk. Cent. 106. 
Exceptio probat regulam de rebus non exceptio. An exception proves the rule 
   concerning things not excepted. 11 Co. 41. 
Exceptio quoque regulam declarat. The exception also declares the rule. Bac. 
   Aph. 17. 
Exceptio semper ultima ponenda est. An exception is always to be put last. 9 
   Co. 53. 
Executio est finis et fructus legis. An execution is the end and the first 
   fruit of the law. Co. Litt. 259. 
Executio juris non habet injuriam. The execution of the law causes no 
   injury. 2 Co. Inst. 482; Broom's Max. 57. 
Exempla illustrant non restringunt legem. Examples illustrate and do not 
   restrict the law. Co. Litt. 24. 
Expedit reipublicae ut sit finis litium. It is for the public good that 
   there be an end of litigation. Co. Litt. 303. 
Expressa nocent, non expressa non nocent. Things expressed may be 
   prejudicial; things not expressed are not. See Dig. 50, 17, 195. 
Expressio eorum quae tacite insunt nihil operatur. The expression of those 
   things which are tacitly implied operates nothing. 
Expressio unius est exclusio alterius. The expression of one thing is the 
   exclusion of another. 
Expressum facit cessare tacitum. What is expressed renders what is implied 
   silent. 
Extra legem positus est civiliter mortuus. One out of the pale of the law, 
   (an outlaw,) is civilly dead. 
Extra territorium jus dicenti non paretur impune. One who exercises 
   jurisdiction out of his territory is not obeyed with impunity. 
Facta sunt potentiora verbis. Facts are more powerful than words. 
Factum a judice quod ad ujus officium non spectat, non ratum est. An act of 
   a judge which does not relate to his office, is of no force. 10 Co. 76. 
Factum negantis nulla probatio. Negative facts are not proof. 
Factum non dictur quod non perseverat. It cannot be called a deed which does 
   not hold out or persevere. 5 Co. 96. 
Factum unius alteri nocere non debet. The deed of one should not hurt the 
   other. Co. Litt. 152. 
Facultas probationum non est angustanda. The faculty or right of offering 
   proof is not to be narrowed. 4 Co. Inst. 279. 
Falsa demonstratio non nocet. A false or mistaken description does not 
   vitiate. 6T. R. 676; see 2 Story's Rep. 291; 1 Greenl. Ev. Sec.  301. 
Falsa ortho graphia, sive falsa grammatica, non vitiat concessionem. False 
   spelling or false grammar do not vitiate a grant. 9 Co. 48; Shep. To. 
   55. 
Falsus in uno, falsus in omnibus. False in one thing, false in everything. 1 
   Sumn. 356. 
Fiat justitia ruat caelum. Let justice be done, though the heavens should 
   fall. 
Felonia implicatur in quolibet proditione. Felony is included or implied in 
   every treason. 3 Co. Inst. 15. 
Festinatio justitiae est noverca infortunii. The hurrying of justice is the 
   stepmother of misfortune. Hob. 97. 
Fiat prout, fieri consuerit, nil temere novandum. Let it be done as 
   formerly, let nothing be done rashly. Jenk. Cent. 116. 
Fictio est contra veritatem, sed pro veritate habetur. Fiction is against the

   truth, but it is to have truth. 
Finis rei attendendus est. The end of a thing is to be attended to. 3 Co. 
   Inst. 51. 
Finis finem litibus imponit. The end puts an end to litigation. 3 Inst. 78. 
Finis unius diei est principium alterius. The end of one day is the 
   beginning of another. 2 Buls. 305. 
Firmior et potentior est operatio legis quam dispositio hominis. The 
   disposition of law is firmer and more powerful than the will of man. Co. 
   Litt. 102. 
Flumina et protus publica sunt, ideoque jus piscandi omnibus commune est. 
   Rivers and ports are public, therefore the right of fishing there is 
   common to all. 
Faemina ab omnibus officiis civilibus vel publicis remotae sunt. Women are 
   excluded from all civil and public charges or offices. Dig. 50, 17, 2. 
Forma legalis forma essentialis. Legal form is essential form. 10 Co. 100. 
Forma non observata, inferiur adnullatio actus. When form is not observed a 
   nullity of the act is inferred. 12 Co. 7. 
Forstellarius est pauperum depressor, et totius communitatis et patriae 
   publicus inimicus. A forestaller is an oppressor of the poor, and a 
   public enemy to the whole community and the country. 3 Co. Inst. 196. 
Fortior est custodia legis quam hominis. The custody of the law is stronger 
   than that of man. 2 Roll. R. 325. 
Fortior et potentior est dispositio legis quam hominis. The disposition of 
   the law is stronger and more powerful than that of man. Co Litt. 234. 
Fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270. 
Fraus est odiosa et non praesumenda. Fraud is odious and not to be presumed. 
   Cro. Car. 550. 
Fraus et dolus nemini patrocianari debent. Fraud and deceit should excuse no 
   man. 3 Co. 78. 
Fraus et jus numquam cohabitant. Fraud and justice never agree together. 
   Wing. 680. 
Fraus latet in generalibus. Fraud lies hid in general expressions. 
Fraus meretur fraudem. Fraud deserves fraud. Plow. 100. This is very 
   doubtful morality. 
Fructus pendentes pars fundi videntur. Hanging fruits make part of the land. 
   Dig. 6, 1, 44; 2 Bouv. Inst. n. 1578. See Larceny. 
Fructus perceptos villae non esse constat. Gathered fruits do not make a 
   part of the house. Dig. 19, 1, 17, 1; 2 Bouv. Inst. n. 1578. 
Frustra est potentia quae numcquam venit in actum. The power which never 
   comes to be exercised is vain. 2 Co. 51. 
Frustra feruntur legis nisi subditis et obedientibus. Laws are made to no 
   purpose unless for those who are subject and obedient. 7 Co. 13. 
Frustra legis auxilium quaerit qui in legem committit. Vainly does he who 
   offends against the law, seek the help of the law. 
Frustra petis quoa statim alteri reddere cogeris. Vainly you ask that which 
   you will immediately be compelled to restore to another. Jenk. Cent. 256. 
Frustra probatur quod probatum non relevat. It is vain to prove that which 
   if proved would not aid the matter in question. 
Furiosus absentis loco est. The insane is compared to the absent. Dig. 50, 
   17, 24, 1. 
Furiosus solo furore punitur. A madman is punished by his madness alone. Co. 
   Litt. 247. 
Furtum non est ubi initium habet detentionis per dominum rei. It is not 
   theft where the commencement of the detention arises through the owner of 
   the thing. 3 Co. Inst. 107. 
Generale tantum valet in generalibus, quanium singulare singulis. What is 
   general prevails or is worth as much among things general, as what is 
   particular among things particular. 11 Co. 59. 
Generale dictum generaliter est interpretandum. A general expression is to 
   be construed generally. 8 co. 116. 
Generale nihil certum implicat. A general expression implies nothing 
   certain. 2 Co. 34. 
Generalia sunt praeponenda singularibus. General things are to be put before 
   particular things. 
Generalia verba sunt generaliter intelligenda. General words are understood 
   in a general sense. 3 Co. Inst. 76. 
Generalis clausula non porrigitur ad ea quae antea specialiter sunt 
   comprehensa. A general clause does not extend to those things which are 
   previously provided for specially. 8 Co. 154. 
Haeredem Deus facit, non homo. God and not man, make the heir. 
Haeredem est nomen collectivum. Heir is a collective name. 
Haeris est nomen juris, filius est nomen naturae. Heir is a term of law, son 
   one of nature. 
Haeres est aut jure proprietatis aut jure representationis. An heir is 
   either by right of property or right of representation. 3 Co. 40. 
Haeres est alter ispe, et filius est pars patris. An heir is another self, 
   and a son is a part of the father. 
Haeres est eadem persona cum antecessore. The heir is the same person with 
   the ancestor. Co. Litt. 22. 
Haeres haeredis mei est meus haeres. The heir of my heir is my heir. 
Haeres legitimus est quem nuptiae demonstrant. He is the lawful heir whom 
   the marriage demonstrates. 
He who has committed iniquity, shall not have equity. Francis' Max., Max. 2. 
He who will have equity done to him, must do equity to the same person. 4 
   Bouv. Inst. n. 3723. 
Hominum causa jus constitutum est. Law is established for the benefit of 
   man. 
Id quod nostrum est, sine facto nostro ad alium transferi non potest. What 
   belongs to us cannot be transferred to another without our consent. Dig. 
   50, 17, 11. But this must be understood with this qualification, that the 
   government may take property for public use, paying the owner its value. 
   The title to property may also be acquired, with the consent of the 
   owner, by a judgment of a competent tribunal. 
Id certum est quod certum reddi potest. That is certain which may be 
   rendered certain. 1 Bouv. Inst. n. 929; 2 Bl. Com. 143; 4 Kent Com. 462; 
   4 Pick 179. 
Idem agens et patiens esse non potest. One cannot be agent and patient, in 
   the same matter. Jenk. Cent. 40. 
Idem est facere, et nolle prohibere cum possis. It is the same thing to do a 
   thing as not to prohibit it when in your power. 3 Co. 
Inst. 178. 
Idem est non probari et non esse; non deficit jus, sed probatio. What does 
   not appear and what is not is the same; it is not the defect of the law, 
   but the want of proof. 
Idem est nihil dicere et insufficienter dicere. It is the same thing to say 
   nothing and not to say it sufficiently. 2 Co. Inst. 178. 
Idem est scire aut scire debet aut potuisse. To be able to know is the same 
   as to know. This maxim is applied to the duty of every one to know the 
   law. 
Idem non esse et non apparet. It is the same thing not to exist and not to 
   appear. Jenk. Cent. 207. 
Idem semper antecedenti proximo refertur. The same is always referred to its 
   next antecedent. Co. Litt. 385. 
Identitas vera colligitur ex multitudine signorum. True identity is 
   collected from a number of signs. 
Id perfectum est quod ex omnibus suis partibus constat. That is perfect 
   which is complete in all its parts. 9 Co. 9. 
Id possumus quod de jure possumus. We may do what is allowed by law. Lane, 
   116. 
Ignorantia excusatur, non juris sed facti. Ignorance of fact may excuse, but 
   not ignorance of law. See Ignorance. 
Ignorantia legis neminem excusat. Ignorance of fact may excuse, but not 
   ignorance of law. 4 Bouv. Inst. n. 3828. 
Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of facts 
   excuses, ignorance of law does not excuse. 1 Co. 177; 4 Bouv. Inst. n 
   3828. See Ignorance. 
Ignorantia judicis est calamitas innocentis. The ignorance of the judge is 
   the misfortune of the innocent. 2 Co. Inst. 591. 
Ignorantia terminis ignoratur et ars. An ignorance of terms is to be 
   ignorant of the art. Co. Litt. 2. 
Illud quod alias licitum non est necessitas facit licitum, et necessitas 
   inducit privilegium quod jure privatur. That which is not otherwise 
   permitted, necessity allows, and necessity makes a privilege which 
   supersedes the law. 10 Co. 61. 
Imperitia culpae annumeratur. Ignorance, or want of skill, is considered a 
   negligence, for which one who professes skill is responsible. Dig. 50, 
   17, 132; 1 Bouv. Inst. n. 1004. 
Impersonalitas non concludit nec ligat. Impersonality neither concludes nor 
   binds. Co. Litt. 352. 
Impotentia excusat legem. Impossibility excuses the law. Co. Litt. 29. 
Impunitas continuum affectum tribuit delinquenti. Impunity offers a 
   continual bait to a delinquent. 4 Co. 45. 
In alternativis electio est debitoris. In alternatives there is an election 
   of the debtor. 
In aedificiis lapis male positus non est removendus. A stone badly placed in 
   a building is not to be removed. 11 Co. 69. 
In aequali jure melior est conditio possidentis. When the parties have equal 
   rights, the condition of the possessor is the better. Mitf. Eq. Pl. 215; 
   Jer. Eq. Jur. 285; 1 Madd. Ch. Pr. 170; Dig. 50, 17, 128. Plowd. 296. 
In commodo haec pactio, ne dolus praestetur, rata non est. If in a contract 
   for a loan there is inserted a clause that the borrower shall not be 
   answerable for fraud, such clause is void. Dig. 13, 6, 17. 
In conjunctivis oportet utramque partem esse veram. In conjunctives each 
   part ought to be true. Wing. 13. 
In consimili casu consimile debet esse remedium. In similar cases the remedy 
   should be similar. Hard. 65. 
In contractibus, benigna; in testamentis, benignior; in restitutionibus, 
   benignissima interpretatio facienda est. In contracts, the interpretation 
   or construction should be liberal; in wills, more liberal; in 
   restitutions, more liberal. Co. Litt. 112. 
In conventibus contrahensium voluntatem potius quam verba spectari placuit. 
   In the agreements of the contracting parties, the rule is to regard the 
   intention rather than the words. Dig. 50, 16, 219. 
In criminalibus, probationes bedent esse luce clariores. In criminal cases, 
   the proofs ought to be clearer than the light. 3 Co. inst. 210. 
In criminalibus sufficit generalis malitia intentionis cum facto paris 
   gradus. In criminal cases a general intention is sufficient, when there 
   is an act of equal or corresponding degree. Bacon's Max. Reg. 15. 
In disjunctivis sufficit alteram partem esse veram. In disjunctives, it is 
   sufficient if either part be true. Wing. 15. 
In dubiis magis dignum est accipiendum. In doubtful cases the more worthy is 
   to be taken. Branch's Prin. h.t. 
In dubiis non praesumitur pro testamento. In doubtful cases there is no 
   presumption in favor of the will. Cro. Car. 51. 
In dubio haec legis constructio quam verba ostendunt. In a doubtful case, 
   that is the construction of the law which the words indicate. Br. Pr. 
   h.t. 
In dubio pars melior est sequenda. In doubt, the gentler course is to be 
   followed. 
In dubio, sequendum quod tutius est. In doubt, the safer course is to be 
   adopted. 
In eo quod plus sit, semper inest et minus. The less is included in the 
   greater. 50, 17, 110. 
In facto quod se habet ad bonum et malum magis de bono quam de malo lex 
   intendit. In a deed which may be considered good or bad, the law looks 
   more to the good than to the bad. Co. Litt. 78. 
In favorabilibus magis attenditur quod prodest quam quod nocet. In things 
   favored what does good is more regarded than what does harm. Bac. Max. in 
   Reg. 12. 
In fictione juris, semper subsistit aequitas. In a fiction of law, equity 
   always subsists. 11 Co. 51. 
In judiciis minori aetati sucuritur. In judicial proceedings, infancy is 
   aided or favored. 
In judicio non creditur nisi juratis. In law none is credited unless he is 
   sworn. All the facts must when established, by witnesses, be under oath 
   or affirmation. Cro. Car. 64. 
In jure non remota causa, sed proxima spectatur. In law the proximate, and 
   not the remote cause, is to be looked to. Bacon's Max. REg. 1. 
In majore summa continetur minor. In the greater sum is contained the less. 
   5 Co. 115. 
In maleficio ratihabitio mandato comparatur. He who ratifies a bad action is 
   considered as having ordered it. Dig. 50, 17, 152, 2. 
In mercibus illicitis non sit commercium. NO commerce should be in illicit 
   goods. 3 Kent, Com. 262, n. 
In maxima potentia minima licentia. IN the greater power is included the 
   smaller license. Hob. 159. 
In obscuris, quod minimum est, sequitur. In obscure cases, the milder course 
   ought to be pursued. Dig. 50, 17, 9. 
In odium spoliatoris omnia praesumuntur. All things are presumed in odium of 
   a despoiler. 1 Vern. 19. 
In omni re nascitur res qua ipsam rem exterminat. In everything, the thing 
   is born which destroys the thing itself. 2 Co. Inst. 15. 
In omnibus contractibus, sive nominatis sive innominatis, permutatio 
   continetur. In every contract, whether nominate or innominate, there is 
   implied a consideration. 
In omnibus quidem, maxime tamen in jure, aequitas spectanda sit. In all 
   affairs, and principally in those which concern the administration of 
   justice, the rules of equity ought to be followed. Dig. 50, 17, 90. 
In omnibus obligationibus, in quibus dies non ponitar, praesenti die 
   debutur. In all obligations when no time is fixed for the payment, the 
   thing is due immediately. Dig. 50, 17, 14. 
In praesentia majoris potestatis, minor potestas cessat. In the presence of 
   the superior power, the minor power ceases. Jenk. Cent. 214. 
In pari causa possessor potior haberi debet. When two parties have equal 
   rights, the advantage is always in favor of the possessor. Dig. 50, 17, 
   128. 
In pari causa possessor potior est. In an equal case, better is the 
   condition of the possessor. Dig. 50, 17, 128; Poth. Vente, n. 320; 1 
   Bouv. Inst. n. 952. 
In pari delicto melior est conditio possidentis. When the parties are 
   equally in the wrong, the condition of the possessor is better. 11 Wheat. 
   258; 3 Cranch 244; Cowp. 341; Broom's Max. 325; 4 Bouv. Inst. n. 3724. 
In propria causa nemo judex. No one can be judge in his own cause. 
In quo quis delinquit, in eo de jure est puniendus. In whatever thing one 
   offends, in that he is rightfully to be punished. Co. Litt. 233. 
In repropria iniquum admodum est alicui licentiam tribuere sententiae. It is 
   extremely unjust that any one should be judge in his own cause. 
In re dubia magis inficiata quam affirmatio intelligenda. In a doubtful 
   matter, the negative is to be understood rather than the affirmative. 
   Godb. 37. 
In republica maxime conservande sunt jura belli. In the state the laws of 
   war are to be greatly preserved. 2 Co. Inst. 58. 
In restitutionem, non in paenam haeres succedit. The heir succeeds to the 
   restitution not the penalty. 2 Co. Inst. 198. 
In restitutionibus benignissima interpretatio facienda est. The most 
   favorable construction is made in restitutions. Co. Litt. 112. 
In suo quisque negotio hebetior est quam in alieno. Every one is more dull 
   in his own business than in that of another. Co. Litt. 377. 
In toto et pars continetur. A part is included in the whole. Dig. 50, 17, 
   113. 
In traditionibus scriptorum non quod dictum est, sed quod gestum est, 
   inscpicitur. In the delivery of writing, not what is said, but what is 
   done is to be considered. 9 co. 137. 
Incerta pro nullius habentur. Things uncertain are held for nothing Dav. 33. 
Incerta quantitas vitiat acium. An uncertain quantity vitiates the act. 1 
   Roll. R. 465. 
In civile est nisi tota sententia inspectu, de aliqua parte judicare. It is 
   improper to pass an opinion on any part of a sentence, without examining 
   the whole. Hob. 171. 
Inclusio unius est exclusio alterius. The inclusion of one is the exclusion 
   of another. 11 Co. 58. 
Incommodum non solvit argumentum. An inconvenience does not solve an 
   argument. 
Indefinitum aequipolet universali. The undefined is equivalent to the whole. 
   1 Ventr. 368. 
Indefinitum supplet locum universalis. The undefined supplies the place of 
   the whole Br. Pr. h.t. 
Independenter se habet assecuratio a viaggio vanis. The voyage insured is an 
   independent or distinct thing from the voyage of the ship. 3 Kent, Com. 
   318, n. 
Index animi sermo. Speech is the index of the mind. 
Inesse potest donationi, modus, conditio sive causa; ut modus est; si 
   conditio; quia causa. In a gift there may be manner, condition and cause; 
   as, (ut), introduces a manner; if, (si), a condition; because, (quia), a 
   cause. Dy. 138. 
Infinitum in jure reprobatur. That which is infinite or endless is 
   reprehensible in law. 9 Co. 45. 
Iniquum est alios permittere, alios inhibere mercaturam. It is inequitable 
   to permit some to trade, and to prohibit others. 3 Co. 
Inst. 181. 
Iniquum est aliquem rei sui esse judicem. It is against equity for any one 
   to be judge in his own cause. 12 Co. 13. 
Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem. 
   It is against equity to deprive freeman of the free disposal of their own 
   property. Co. Litt. 223. See 1 Bouv. Inst. n. 455, 460. 
Injuria non praesumitur. A wrong is not presumed. Co. Litt. 232. 
Injuria propria non cadet in beneficium facientis. One's own wrong shall not 
   benefit the person doing it. 
Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum. It 
   is a slander of him who a reproachful thing is said, or concerning whom 
   an infamous song is made. 9 Co. 60. 
Intentio caeca, mala. A hidden intention is bad. 2 Buls. 179. 
Intentio inservire debet legibus, non leges intentioni. Intentions ought to 
   be subservient to the laws, not the laws to intentions. Co. Litt. 314. 
Intentio mea imponit nomen operi meo. My intent gives a name to my act. Hob. 
   123. 
Interest reipublicae ne maleficia remaneant impunita. It concerns the 
   commonwealth that crimes do not remain unpunished. Jenk. Cent. 30, 31. 
Interest reipublicae res judicatas non rescindi. It concerns the common 
   wealth that things adjudged be not rescinded. Vide Res judicata. 
Interest reipublicae quod homines conserventur. It concerns the commonwealth 
   that we be preserved. 12 Co. 62. 
Interest reipublicae ut qualibet re sua bene utatur. It concerns the 
   commonwealth that every one use his property properly. 6 Co. 37. 
Interest reipublicae ut carceres sint in tuto. It concerns the commonwealth 
   that prisons be secure. 2 Co. Inst. 589. 
Interest reipublicae suprema hominum testamenta rata haberi. It concerns the 
   commonwealth that men's last wills be sustained. Co. Litt. 236. 
Interest reipublicae ut sit finis litium. In concerns the commonwealth that 
   there be an end of law suits. Co. Litt. 303. 
Interpretare et concordare leges legibus est optimus interpretandi modus. To 
   interpret and reconcile laws so that they harmonize is the best mode of 
   construction. 8 Co. 169. 
Interpretatio fienda est ut res magis valeat quam pereat. That construction 
   is to be made so that the subject may have an effect rather than none. 
   Jenk. Cent. 198. 
Interpretatio talis in ambiguis semper fienda, ut evitetur inconveniens et 
   absurdum. In ambiguous things, such a construction is to be made, that 
   what is inconvenient and absurd is to be avoided. 4 Co. Inst. 328. 
Interruptio multiplex non tollit praescriptionem semel obtentam. Repeated 
   interruptions do not defeat a prescription once obtained. 2 Co. Inst. 
   654. 
Inutilis labor, et sine fructu, non est effectus legis. Useless labor and 
   without fruit, is not the effect of law. Co. Lit. 127. 
Invito beneficium non datur. No one is obliged to accept a benefit against 
   his consent. Dig. 50, 17, 69. But if he does not dissent he will be 
   considered as assenting. Vide Assent. 
Ipsae legis cupiunt ut jure regantur. The laws themselves require that they 
   should be governed by right. Co. Litt. 174. 
Judex ante occulos aequitatem semper habere debet. A judge ought always to 
   have equity before his eyes. Jenk. Cent. 58. 
Judex aequitatem semper spectare debet. A judge ought always to regard 
   equity. Jenk. Cent. 45. 
Judex bonus nihil ex arbitrio suo faciat, nec propositione domesticae 
   voluntatis, sed juxta legis et jura pronunciet. A good judge should do 
   nothing from his own judgment, or from the dictates of his private 
   wishes; but he should pronounce according to law and justice. 7 co. 27. 
Judex debet judicare secundum allegata et probata. The judge ought to decide 
   according to the allegation and the proof. 
Judex est lex loquens. The judge is the speaking law. 7 co. 4. 
Judex non potest esse testis in propria causa A judge cannot be a witness in 
   his own cause. 4 Co. Inst. 279. 
Judex non potest injuriam sibi datum punire. A judge cannot punish a wrong 
   done to himself. 12 Co. 113. 
Judex damnatur cum nocens absolvitur. The judge is condemned when the guilty 
   are acquitted. 
Judex non reddat plus quam quod petens ipse requireat. The judge does demand 
   more than the plaintiff demands. 2 Inst. 286. 
Judici officium suum excedenti non paretur. To a judge who exceeds his 
   office or jurisdiction no obedience is due. Jenk. Cent. 139. 
Judici satis paena est quod Deum habet ultorem. It is punishment enough for 
   a judge that he is responsible to God. 1 Leon. 295. 
Judicia in deliberationibus crebro naturescunt, in accelerato processu 
   nunquam. Judgments frequently become matured by deliberation, never by 
   hurried process. 3 Co. Inst. 210. 
Judicia posteriora sunt in lege fortiora. The latter decisions are stronger 
   in law. 8 Co. 97. 
Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments 
   are, as it were, the dicta or sayings of the law, and are received as 
   truth. 2 Co. Inst. 573. 
Judiciis posterioribus fides est adhibenda. Faith or credit is to be given 
   to the last decisions. 13 Co. 14. 
Judicis est in pronuntiando sequi regulam, exceptione non probata. The judge 
   in his decision ought to follow the rule, when the exception is not made 
   apparent. 
Judicis est judicare secundum allegata et probata. A judge ought to decide 
   according to the allegations and proofs. Dyer. 12. 
Judicium a non suo judice datum nullius est momenti. A judgment given by an 
   improper judge is of no moment. 11 Co. 76. 
Judicium non debet esse illusorium, suum effectum habere debet. A judgment 
   ought not to be illusory, it ought to have its consequence. 2 Inst. 341. 
Judicium redditur in invitum, in praesumptione legis. In presumption of law, 
   a judgment is given against inclination. Co. Litt. 248. 
Judicium semper pro veritate accipitur. A judgment is always taken for 
   truth. 2 Co. Inst. 380. 
Jura sanguinis nullo jure civili dirimi possunt. The right of blood and 
   kindred cannot be destroyed by any civil law. Dig. 50, 17, 9; Bacon's 
   Max. Reg. 11. 
Jura naturae sunt immutabilia. The laws of nature are unchangeable. 
Jura eodem modo distruuntur quo constituuntur. Laws are abrogated or 
   repealed by the same means by which they are made. 
Juramentum est indivisibile, et non est admittendum in parte verum et in 
   parte falsam. An oath is indivisible, it cannot be in part true and in 
   part false. 
Jurato creditur in judicio. He who makes oath is to be believed in judgment. 
Jurare est Deum in testum vocare, et est actus divini cultus. To swear is to 
   call God to witness, and is an act of religion. 3 Co. Inst. 165. Vide 3 
   Bouv. Inst. n. 3180, note; 1 Benth. Rat. of Jud. Ev. 376, 371, note. 
Juratores sunt judices facti. Juries are the judges of the facts. Jenk. 
   Cent. 58. 
Juris effectus in executione consistit. The effect of a law consists in the 
   execution. Co. Litt. 289. 
Jus accrescendi inter mercatores locum non habet, pro beneficio commercii. 
   The right of survivorship does not exist among merchants for the benefit 
   of commerce. Co. Litt. 182; 1 Bouv. Inst. n. 682. 
Jus accrescendi praefertur oneribus. The right of survivorship is preferred 
   to incumbrances. Co. Litt. 185. 
Jus accrescendi praefertur ultimae voluntati. The right of survivorship is 
   preferred to a last will. Co. Litt. 1856. 
Jus descendit et non terra. A right descends, not the land. Co. Litt. 345. 
Jus est ars boni et aequi. Law is the science of what is good and evil. Dig. 
   1, 1, 1, l. 
Jus et fraudem numquam cohabitant. Right and fraud never go together. 
Jus ex injuria non oritur. A right cannot arise from a wrong. 4 Bing. 639. 
Jus publicum privatorum pactis mutari non potest. A public right cannot be 
   changed by private agreement. 
Jus respicit aequitatem. Law regards equity. Co. Litt. 24. 
Jus superveniens auctori accressit successors. A right owing to a 
   possessor accrues to a successor. 
Justicia est virtus excellens et Altissimo complacens. Justice is an 
   excellent virtue and pleasing to the Most high. 4 inst. 58. 
Justitia nemine neganda est. Justice is not to be denied. Jenk. Cent. 178. 
Justitia non est neganda, non differenda. Justice is not to be denied nor 
   delayed. Jenk. Cent. 93. 
Justitia non novit patrem nec matrem, solum veritatem spectat justitia. 
   Justice knows neither father nor mother, justice looks to truth alone. 1 
   Buls. 199. 
La conscience est la plus changeante des regles. Conscience is the most 
   changeable of rules. 
Lata culpa dolo aequiparatur. Gross negligence is equal to fraud. 
Le contrat fait la loi. The contract makes the law. 
Legatos violare contra jus gentium est. It is contrary to the law of nations 
   to violate the rights of ambassadors. 
Legatum morte testatoris tantum confirmatur, sicut donatio inter vivos 
   traditione sola. A legacy is confirmed by the death of the testator, in 
   the same manner as a gift from a living person is by delivery alone. 
   Dyer, 143. 
Leges posteriores priores contrarias abrogant. Subsequent laws repeal those 
   before enacted to the contrary. 2 Rol. R. 410; 11 Co. 626, 630. 
Leges humanae nascuntur, vivunt et moriuntur. Human laws are born, live and 
   die. 7 co. 25. 
Leges non verbis sed regus sunt impositae. Laws, not words, are imposed on 
   things. 10 Co. 101. 
Legibus sumptis disinentibus, lege naturae utendum est. When laws imposed by 
   the state fail, we must act by the law of nature. 2 Roll. R. 298. 
Legis constructio non facit injuriam. The construction of law does no wrong. 
   Co. Litt. 183. 
Legis figendi et refigendi consuetudo periculosissima est. The custom of 
   fixing and refixing (making and annulling) laws is most dangerous. 4 Co. 
   Ad. Lect. 
Legis interpretatio legis vim obtinet. The construction of law obtains the 
   force of law. 
Legislatorum est viva vox, rebus et non verbis, legem imponere. The voice of 
   legislators is a living voice, to impose laws on things and not on words. 
   10 Co. 101. 
Legis minister non tenetur, in executione officii sui fugere aut 
   retrocedere. The minister of the law is not bound, in the execution of 
   his office, neither to fly nor retreat. 6 Co. 68. 
Legitime imperanti parere necesse est. One who commands lawfully must be 
   obeyed. Jenk. Cent. 120. 
Les fictions naissent de la loi, et non la loi des fictions. Fictions arise 
   from the law, and not law from fictions. 
Lex aliquando sequitur aequitatem. The law sometimes follows equity. 3 Wils. 
   119. 
Lex aequitate guadet; appetit perfectum; est norma recti. The law delights 
   in equity; it covets perfection; it is a rule of right. Jenk. Cent. 36. 
Lex beneficialis rei consimili remedium praestat. A beneficial law affords a 
   remedy in a similar case. 2 Co. Inst. 689. 
Lex citius tolerare vult privatum damnum quam publicum malum. The law would 
   rather tolerate a private wrong than a public evil. Co. Litt. 152. 
Lex de futuro, judex de praeterito. The law provides for the future, the 
   judge for the past. 
Lex deficere non potest in justitia exhibenda. The law ought not to fail in 
   dispensing justice. Co. Litt. 197. 
Lex dilationes semper exhorret. The law always abhors delay. 2 Co. Inst. 
   240. 
Lex est ab aeterno. The law is from everlasting. 
Lex est dictamen rationis. Law is the dictate of reason. Jenk. Cent. 117. 
Lex est norma recti. Law is a rule of right. 
Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et contraria 
   prohibet. Law is the perfection of reason, which commands what is useful 
   and necessary and forbids the contrary. Co. Litt. 319. 
Lex est sanctio sancta, jubens honesta, et prohibens contraria. Law is a 
   scared sanction, commanding what is right and prohibiting the contrary. 2 
   Co. Inst. 587. 
Lex favet doti. The law favors dower. 
Lex fingit ubi subsistit aequitas. Law feigns where equity subsists. 11 Co. 
   90. 
Lex intendit vicinum vicini facta scire. The law presumes that one neighbor 
   knows the actions of another. Co. Litt. 78. 
Lex judicat de rebus necessario faciendis quasire ipsa factis. The law 
   judges of things which must necessarily be done, as if actually done. 
Lex necessitatis est lex temporis, i.e. instantis. The law of necessity is 
   the law of time, that is, time present. Hob. 159. 
Lex neminem cogit ad vana seu inutilia peragenda. The forces no one to do 
   vain or useless things. 
Lex nemini facit injuriam. The law does wrong to no one. lex nemini operatur 
   iniquum, nemini facit injuriam. The law never works an injury, or does 
   him a wrong. jenk. Cent. 22. 
Lex nil facit frustra, nil jubet frustra. The law does nothing and commands 
   nothing in vain. 3 Buls. 279; Jenk. Cent. 17. 
Lex non cogit impossibilia. The law requires nothing impossible. Co. Litt. 
   231, b; 1 Bouv. Inst. n. 951. 
Lex non curat de minimis. The law does not regard small matters. Hob. 88. 
Lex non cogit ad impossibilia. The law forces not to impossibilities. Hob. 
   96. 
Lex non praecipit inutilia, quia inutilis labor stultus. The law commands 
   not useless things, because useless labor is foolish. Co. Litt. 197. 
Lex non deficit in justitia exibenda. The law does not fail in showing 
   justice. 
Lex non intendit aliquid impossibile. The law intends not anything 
   impossible. 12 Co. 89. 
Lex non requirit verificare quod apparet curiae. The law does not require 
   that to be proved, which is apparent to the court. 9 Co. 54. 
Lex plus laudatur quando ratione probatur. The law is the more praised when 
   it is consonant to reason. 
Lex prospicit, non respicit. The law looks forward, not backward. 
Lex punit mendacium. The law punishes falsehood. 
Lex rejicit superflua, pugnantia, incongrua. The law rejects superfluous, 
   contradictory and incongruous things. 
Lex reprobat moram. The law dislikes delay. 
Lex semper dabit remedium. The law always gives a remedy. 3 Bouv. Inst. n. 
   2411. 
Lex spectat naturae ordinem. The law regards the order of nature. Co. Litt. 
   197. 
Lex succurit ignoranti. The laws succor the ignorant. 
Lex semper intendit quod convenit ratione. The law always intends what is 
   agreeable to reason. Co. Litt. 78. 
Lex uno ore omnes alloquitur. The law speaks to all with one mouth. 2 Inst. 
   184. 
Libertas inaestimabilis res est. Liberty is an inestimable good. Dig. 50, 
   17, 106. 
Liberum corpus aestimationem non recipit. The body of a freeman does not 
   admit of valuation. 
Licet dispositio de interesse furture sit inutilis, tamen potest fieri 
   declaratio praecedens quae fortiatur effectum interveniente novo actu. 
   Although the grant of a future interest be inoperative, yet a declaration 
   precedent may be made, which may take effect, provided a new act 
   intervene. Bacon's Max. Reg. 14. 
Licita bene miscentur, formula nisi juris obstet. Things permitted should be 
   well contrived, lest the form of the law oppose. Bacon's Max. Reg. 24. 
Linea recta semper praefertur transversali. The right line is always 
   preferred to the collateral. Co. Litt. 10. 
Locus contractus regit actum. The place of the contract governs the act. 
Longa possessio est pacis jus. Long possession is the law of peace. Co. 
   Litt. 6. 
Longa possessio parit jus possidendi, et tollit actionem vero domino. Long 
   possession produces the right of possession, and takes away from the true 
   owner his action. Co. Litt. 110. 
Longum tempus, et longus usus qui excedit memoria hominum, sufficit pro 
   jure. Long time and long use, beyond the memory of man, suffices for 
   right. Co. Litt. 115. 
Loquendum ut vulgus, sentiendum ut docti. We speak as the common people, we 
   must think as the learned. 7 Co. 11. 
Magister rerum usus; magistra rerum experientia. Use is the master of 
   things; experience is the mistress of things. Co. Litt. 69, 229. 
Manga negligentia culpa est, magna culpa dolus est. Gross negligence is a 
   fault, gross fault is a fraud. Dig 50, 16, 226. 
Magna culpa dolus est. Great neglect is equivalent to fraud. Dig. 50, 16, 
   226; 2 Spears, R. 256; 1 Bouv. Inst. n. 646. 
Mahemium est inter crimina majora minimum et inter minora maximum. Mayhem 
   is the least of great crimes, and the greatest of small. Co. Litt. 127. 
Mahemium est homicidium inchoatum. Mayhem is incipient homicide. 3 Inst. 
   118. 
Major haeriditas venit unicuique nostrum a jure et legibus quam a 
   parentibus. A greater inheritance comes to every one of us from right and 
   the laws than from parents. 2 Co. Inst. 56. 
Major numerus in se continet minorem. The greater number contains in itself 
   the less. 
Majore paena affectus quam legibus statuta est, non est infamis. One 
   affected with a greater punishment than is provided by law, is not 
   infamous. 4 Co. Inst. 66. 
Majori continet in se minus. The greater includes the less. 19 Vin. Abr. 
   379. 
Majus dignum trahit in se minus dignum. The more worthy or the greater draws 
   to it the less worthy or the lesser. 5 Vin. Abr. 584, 586. 
Majus est delictum seipsum occidare quam alium. it is a greater crime to 
   kill one's self than another. 
Mala grammatica non vitiat chartam; sed in expositione instrumentorum mala 
   grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate 
   a deed; but in the construction of instruments, bad grammar, as far as it 
   can be done, is to be avoided. 6 Co. 39. 
Maledicta est expositio quae corrumpit textum. It is a bad construction 
   which corrupts the text. 4 Co. 35. 
Maleficia non debent remanere impunita, et impunitas continuum affectum 
   tribuit delinquenti. Evil deeds ought not to remain unpunished, for 
   impunity affords continual excitement to the delinquent. 4 Co. 45. 
Malificia propositus distinguuntur. Evil deeds are distinguished from evil 
   purposes. Jenk. Cent. 290. 
Malitia est acida, est mali animi affectus. Malice is sour, it is the 
   quality of a bad mind. 2 Buls. 49. 
Malitia supplet aetatem. Malice supplies age. Dyer, 104. See Malice. 
Malum hominun est obviandum. The malice of men is to be avoided. 4 Co. 15. 
Malum non praesumitur. Evil is not presumed. 4 Co. 72. 
Malum quo communius eo pejus. The more common the evil, the worse. 
Malus usus est abolendus. An evil custom is to be abolished. Co. Litt. 141. 
Mandata licita recipiunt strictam interpretationem, sed illicita latam et 
   extensam. lawful commands receive a strict interpretation, but unlawful, 
   a wide or broad construction. Bacon's Max. Reg. 16. 
Mandatarius terminos sobi positos transgredi non potest. A mandatory cannot 
   exceed the bounds of his authority. Jenk. Cent. 53. 
Mandatum nisi gratuitum nullum est. Unless a mandate is gratuitous it is not 
   a mandate. Dig. 17, 1, 4; Inst. 3, 27; 1 Bouv. Inst. n. 1070. 
Manifesta probatione non indigent. Manifest things require no proof. 7 Co. 
   40. 
Maris et faeminae conjunctio est de jure naturae. The union of husband and 
   wife is founded on the law of nature. 7 Co. 13. 
Matrimonia debent esse libera. Marriages ought to be free. 
Matrimonium subsequens tollit peccatum praecedens. A subsequent marriage 
   cures preceding criminality. 
Maxime ita dicta quia maxima ejus dignitas et certissima auctoritas, atque 
   quod maxime omnibus probetur. A maxim is so called because its dignity is 
   chiefest, and its authority most certain, and because universally 
   approved by all. Co. Litt. 11. 
Maxime paci sunt contraria, vis et injuria. The greatest enemies to peace 
   are force and wrong. Co. Litt. 161. 
Melior est justitia vere praeveniens quam severe pumens. That justice which 
   justly prevents a crime, is better than that which severely punishes it. 
Melior est conditio possidentis et rei quam actoris. Better is the condition 
   of the possessor and that of the defendant than that of the plaintiff. 4 
   Co. Inst. 180. 
Melior est causa possidentis. The cause of the possessor is preferable. Dig. 
   50, 17, 126, 2,. 
Melior est conditio possidentis, ubi neuter jus habet. Better is the 
   condition of the possessor, where neither of the two has a right. Jenk. 
   Cent. 118. 
Meliorem conditionem suum facere potest minor, deteriorem nequaquam. A minor 
   can improve or make his condition better, but never worse. Co. Litt. 337. 
Melius est omnia mala pati quam malo concentire. It is better to suffer 
   every wrong or ill, than to consent to it. 3 Co. Inst. 23. 
Melius est recurrere quam malo currere. It is better to recede than to 
   proceed in evil. 4 Inst. 176. 
Melius est in tempore occurrere, quam post causam vulneratum remedium 
   quaerere. It is better to restrain or meet a thing in time, than to see a 
   remedy after a wrong has been inflicted. 2 Inst. 299. 
Mens testatoris in testamentis spectanda est. In wills, the intention of the 
   testator is to be regarded. Jenk. Cent. 277. 
Mentiri est contra mentem ire. To lie is to go against the mind. 3 Buls. 
   260. 
Merx est quidquid vendi potest. Merchandise is whatever can be sold. 3 Metc. 
   365. Vide Merchandise. 
Mercis appellatio ad res mobiles tantum pertinet. The term merchandise 
   belongs to movable things only. Dig. 50, 16, 66. 
Minima paena corporalis est major qualibet pecuniaria. The smallest bodily 
   punishment is greater than any pecuniary one. 2 Inst. 220. 
Minime mutanda sunt quae certam habuerent interpretationem. Things which 
   have had a certain interpretation are to be altered as little as 
   possible. Co. Litt. 365. 
Minor ante tempus agere non potest in casu proprietatis, nec etiam 
   convenire. A minor before majority cannot act in a case of property, nor 
   even agree. 2 Inst. 291. 
Minor minorem custodire non debet, alios enim praesumitur male regere qui 
   seipsum regere nuscit. A minor ought not to be guardian of a minor, for 
   he is unfit to govern others who does not know how to govern himself. Co. 
   Litt. 88. 
Misera est servitus, ubi jus est vagum aut incertum. It is a miserable 
   slavery where the law is vague or uncertain. 4 Co. Inst. 246. 
Mitius imperanti melius paretur. The more mildly one commands the better is 
   he obeyed. 3 Co. Inst. 24. 
Mibilia personam sequuntur, immobilia situm. Movable things follow the 
   person, immovable their locality. 
Modica circumstantia facti jus mutat. The smallest circumstance may change 
   the law. 
Modus et conventio vincunt legem. Manner and agreement overrule the law. 2 
   Co. 73. 
Modus legel dat donationi. The manner gives law to a gift. Co. Litt. 19 a. 
Moneta est justum medium et mensura rerum commutabilium, nam per medium 
   monetae fit omnium rerum conveniens, et justa aestimatio. Money is the 
   just medium and measure of all commutable things, for, by the medium of 
   money, a convenient and just estimation of all things is made. Dav. 18. 
   See 1 Bouv. Inst. n. 922. 
Mora reprobatur in lege. Delay is disapproved of in law. 
Mors dicitur ultimum supplicium. Death is denominated the extreme penalty. 3 
   Inst. 212. 
Mortuus exitus non est exitus. To be dead born is not to be born. Co. Litt. 
   29. See 2 Paige, 35; Domat, liv. prel. t. 2, s. 1, n. 4, 6; 2 Bouv. Inst. 
   n. 1721 and 1935. 
Multa conceduntur per obliquum quae non conceduntur de directo. Many things 
   are conceded indirectly which are not allowed directly. 6 Co. 47. 
Multa in jure communi contra rationem disputandi pro communi ultilitate 
   introducta sunt. Many things have been introduced into the common law, 
   with a view to the public good, which are inconsistent with sound reason. 
   Co. Litt. 70; Broom's Max. 67; 2 Co. R. 75. See 3 T. R. 146; 7 T. R. 252. 
Multa multo exercitatione facilius quam regulis percipies. You will perceive 
   many things more easily by practice than by rules. 4 Co. Inst. 50. 
Multa non vetat lex. quae tamen tacite damnavit. The law forbids many 
   things, which yet it has silently condemned. 
Multa transeunt cum universitate quae non per se transeunt. Many things pass 
   as a whole which would not pass separately. 
Multi multa, non omnia novit. Many men know many things, no one knows 
   everything. 4 Co. Inst. 348. 
Multiplex et indistinctum parit confusionem; et questiones quo simpliciores, 
   eo lucidiores. Multiplicity and indistinctness produce confusion; the 
   more simple questions are the more lucid. Hob. 335. 
Multiplicata transgressione crescat paenae inflictio. The increase of 
   punishment should be in proportion to the increase of crime. 2 Co. Inst. 
   479. 
Multitudo errantium non parit errori patrocinium. The multitude of those who 
   err is no excuse for error. 11 Co. 75. 
Multitudo imperitorum perdit curiam. A multitude of ignorant practitioners 
   destroys a court. 2 Co. Inst. 219. 
Natura appetit perfectum, ita et lex. Nature aspires to perfection, and so 
   does the law. Hob. 144. 
Natura non facit saltum, ita nec lex. nature makes no leap, nor does the 
   law. Co. Litt. 238. 
Natura no facit vacuum, nec lex supervacuum. Nature makes no vacuum, the law 
   no supervacuum. Co. Litt. 79. 
Naturae vis maxima, natura bis maxima. The force of nature is greatest; 
   nature is doubly great. 2 Co. Inst. 564. 
Necessarium est quod non potest aliter se habere. That is necessity which 
   cannot be dispensed with. 
Necessitas est lex temporis et loci. Necessity is the law of a particular 
   time and place. 8 Co. 69; H. H. P. C. 54. 
Necessitas excusat aut extenuat delicium in capitalibus, quod non operatur 
   idem in civilibus. Necessity excuses or extenuates delinquency in capital 
   cases, but not in civil. Vide Necessity. 
Necessitas facit licitum quod alias non est licitum. Necessity makes that 
   lawful which otherwise is unlawful. 10 Co. 61. 
Necessitas inducit privilegium quoad jura privata. Necessity gives a 
   preference with regard to private rights. Bacon's Max. REg. 5. 
Necessitas non habet legem. Necessity has no law. Plowd. 18. See Necessity, 
   and 15 Vin. Ab. 534; 22 Vin. Ab. 540. 
Necessitas publica major est quam private. Public necessity is greater than 
   private. Bacon's Max. in REg. 5. 
Necessitas quod cogit, defendit. Necessity defends what it compels. H. H. P. 
   C. 54. 
Necessitas vincit legem. Necessity overcomes the law. Hob. 144. 
Negatio conclusionis est error in lege. The negative of a conclusion is 
   error in law. Wing. 268. 
Negatio destruit negationem, et ambae faciunt affirmativum. A negative 
   destroys a negative, and both make an affirmative. Co. Litt. 146. 
Negatio duplex est affirmatio. A double negative is an affirmative. 
Negligentia semper habet infortuniam comitem. Negligence has misfortune for 
   a companion. Co. Litt. 246. 
Neminem oportet esse sapientiorem legibus. No man ought to be wiser than the 
   law. Co. Litt. 97. 
Nemo admittendus est inhabilitare seipsum. No one is allowed to incapacitate 
   himself. Jenk. Cent. 40. Sed vide "To stultify," and 5 Whart. 371. 
Nemo agit in seipsum. No man acts against himself; Jenk. Cent. 40; therefore 
   no man can be a judge in his own cause. 
Nemo allegans suam turpitudinem, audiendus est. No one alleging his own 
   turpitude is to be heard as a witness. 4 Inst. 279. 
Nemo bis punitur por eodem delicto. No one can be punished twice for the 
   same crime or misdemeanor. See Non bis in idem. 
Nemo cogitur rem suam vendere, etiam justo pretio. No one is bound to sell 
   his property, even for a just price. Sed vide Eminent Domain. 
Nemo contra factum suum venire potest. No man ca contradict his own deed. 2 
   Inst. 66. 
Nemo damnum facit, nisi qui id fecit quod facere jus non habet. No one is 
   considered as committing damages, unless he is doing what he has no right 
   to do. dig. 50, 17, 151. 
Nemo dat qui non habet. No one can give who does not possess. Jenk. Cent. 
   250. 
Nemo de domo sua extrahi debet. A citizen cannot be taken by force from his 
   house to be conducted before a judge or to prison. Dig. 50, 17. This 
   maxim in favor of Roman liberty is much the same as that "every man's 
   house is his castle." 
Nemo debet esse judex in propria causa. No one should be judge in his own 
   cause. 12 Co. 113. 
Nemo debet ex aliena jactura lucrari. No one ought to gain by another's 
   loss. 
Nemo debet immiscere se rei alienae ad se nihil pertinenti. No one should 
   interfere in what no way concerns him. 
Nemo debet rem suam sine facto aut defectu suo amittere. No one should lose 
   his property without his act or negligence. Co. Litt. 263. 
Nemo est haeres viventes. No one is an heir to the living. 2 Bl. Com. 107; 1 
   Vin. Ab. 104, tit. Abeyance; Merl. Rep. verbo Abeyance; Co. Litt. 342; 2 
   Bouv. Inst. n. 1694, 1832. 
Nemo ex suo delicto melioroem suam conditionem facere potest. No one can 
   improve his condition by a crime. Dig. 50, 17, 137. 
Nemo ex alterius facto praegravari debet. No man ought to be burdened in 
   consequence of another's act. 
Nemo ex consilio obligatur. No man is bound for the advice he gives. 
Nemo in propria causa testis ese debet. No one can be a witness in his own 
   cause. But to this rule there are many exceptions. 
Nemo inauditus condemnari debet, si non sit contumax. No man ought to be 
   condemned unheard, unless he be contumacious. 
Nemo nascitur artifex. No one is born an artist. Co. LItt. 97. 
Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare possit. 
   No man can renounce the country in which he was born, nor abjure the 
   obligation of his allegiance. Co. LItt. 129. Sed vide Allegiance; 
   Expatriation; Naturalization. 
Nemo plus juris ad alienum transfere potest, quam ispe habent. One cannot 
   transfer to another a right which he has not. Dig. 50, 17, 54; 10 Pet. 
   161, 175. 
Nemo praesens nisi intelligat. One is not present unless he understands. See 
   Presence. 
Nemo potest contra recordum verificare per patriam. No one can verify by the 
   country against a record. The issue upon a record cannot be tried by a 
   jury. 
Nemo potest esse tenes et dominus. No man can be at the same time tenant and 
   landlord of the same tenement. 
Nemo potest facere per alium quod per se non potest. No one can do that by 
   another which he cannot do by himself. 
Nemo potest sibi devere. No one can owe to himself. See Confusion of Rights. 
Nemo praesumitur alienam posteritatem suae praetulisse. NO one is presumed 
   to have preferred another's posterity to his own. 
Nemo praesumitur donare. No one is presumed to give. 
Nemo praesumitur esse immemor suae aeternae salutis, et maxime in articulo 
   mortis. No man is presumed to be forgetful of his eternal welfare, and 
   particularly at the point of death. 6 Co. 76. 
Nemo praesumitur malus. No one is presumed to be bad. 
Nemo praesumitru ludere in extremis. No one is presumed to trifle at the 
   point of death. 
Nemo prohibetur plures negotiationes sive artes exercere. No one is 
   restrained from exercising several kinds of business or arts. 11 Co. 54. 
Nemo prohibetur pluribus defensionibus uti. No one is restrained from using 
   several defences. Co. Litt. 304. 
Nemo prudens punit ut praeterita revocentur, sed ut futura praeveniantur. No 
   wise one punishes that things done may be revoked, but that future wrongs 
   may be prevented. 3 Buls. 173. 
Nemo punitur pro alieno delicto. No one is to be punished for the crime or 
   wrong of another. 
Nemo punitur sine injuria, facto, seu defalto. No one is punished unless for 
   some wrong, act or default. 2 Co. Inst. 287. 
Nemo, qui condemnare potest, absolvere non potest. He who may condemn may 
   acquit. Dig. 50, 17, 37. 
Nemo tenetur seipsum accusare. No one is bound to accuse himself. 
Nemo tenetur ad impossibile. No one is bound to an impossibility. 
Nemo tenetur armare adversarum contra se. No one is bound to arm his 
   adversary. 
Nemo tenetur divinare. No one is bound to foretell. 4 Co. 28. 
Nemo tenetur informare qui nescit, sed quisquis scire quod informat. No one 
   is bound to inform about a thing he knows not, but he who gives 
   information is bound to know what he says. Lane, 110. 
Nemo tenetur jurare in suam turpitudinem. No one is bound to testify to his 
   own baseness. 
Nemo tenetur seipsam infortunis et periculis exponere. No one is bound to 
   expose himself to misfortune and dangers. Co. Litt. 253. 
Nemo tenetur seipsum accusare. No man is bound to accuse himself. 
Nemo videtur fraudare eos qui sciunt, et consentiunt. One cannot complain of 
   having been deceived when he knew the fact and gave his consent. Dig. 50, 
   17, 145. 
Nihil dat qui non habet. He gives nothing who has nothing. 
Nihil de re accrescit ei qui nihil in re quando jus accresceret habet. 
   Nothing accrues to him, who, when the right accrues, has nothing in the 
   subject matter. Co. Litt. 188. 
Nihil facit error nominis cum de corpore constat. An error in the name is 
   nothing when there is certainty as to the person. 11 Co. 21. 
Nihil habet forum ex scena. The court has nothing to do with what is not 
   before it. 
Nihil infra regnum subditos magis conservat in tranquilitate et concordia 
   quam debita legum administratio. Nothing preserves in tranquility and 
   concord those who are subjected to the same government better than a due 
   administration of the laws. 2 Co. Inst. 158. 
Nihil in lege intolerabilius est, eandem rem diverso jure censeri. Nothing 
   in law is more intolerable than to apply the law differently to the same 
   cases. 4 Co. 93. 
Nihil magis justum est quam quod necessarium est. Nothing is more just that 
   what is necessary. Dav. 12. 
Nihil perfectum est dum aliquid restat agendum. Nothing is perfect while 
   something remains to be done. 2 co. 9. 
Nihil possumus contra veritatem. We can do nothing against truth. Doct. & 
   Stu. Dial. 2, c. 6. 
Nihil quod est contra rationem est licitum. Nothing against reason is 
   lawful. Co. Litt. 97. 
Nihil quod inconveniens est licitum est. Nothing inconvenient is lawful. 
Nihil simul inventum est et perfectum. Nothing is invented and perfected at 
   the same moment. Co. Litt. 230. 
Nihil tam naturale est, quam eo genere quidque dissolvere, quo colligatum 
   est. It is very natural that an obligation should not be dissolved but by 
   the same principles which were observed in contracting it. Dig. 50, 17, 
   35. See 1 Co. 100; 2 Co. Inst. 359. 
Nihil tam conveniens est naturali aequitati, quam voluntatem domini voluntis 
   rem suam in alium transferre, ratam haberi. Nothing is more conformable 
   to natural equity, than to confirm the will of an owner who desires to 
   transfer his property to another. Inst. 2, 1, 40; 1 Co. 100. 
Nil tamere novandum. Nothing should be rashly changed. Jenk. Cent. 163. 
Nil facit error nominis, si de corpore constat. An error in the name is 
   immaterial, if the body is certain. 
Nimia subtilitas in jure reporbatur. Too much subtlety is reprobated in law. 
Nimium altercando veritas amiltitur. By too much altercation truth is lost. 
   Hob. 344. 
No man is presumed to do anything against nature. 22 Vin. Ab. 154. 
No man shall take by deed but parties, unless in remainder. 
No man can hold the same land immediately of two several landlords. Co. 
   Litt. 152. 
No man shall set up his infamy as a defence. 2 W. Bl. 364. 
Necessity creates equity. 
No one may be judge in his own cause. 
Nobiliores et beniginores presumptiones in dubiis sunt praeferendae. When 
   doubts arise the most generous and benign presumptions are to be 
   preferred. 
Nomen est quasi rei notamen. A name is, as it were, the note of a thing. 11 
   Co. 20. 
Nomen non sufficit si res non sit de jure aut de facto. A name does not 
   suffice if there be not a thing by law or by fact. 4 Co. 107. 
Nomina si nescis perit cognitio rerum. If you know not the names of things, 
   the knowledge of things themselves perishes. Co. Litt. 86. 
Nomina sunt notae rerum. Names are the notes of things. 11 Co. 20. 
Nomina sunt mutabilia, res autem immobiles. Names are mutable, but things 
   immutable. 6 Co. 66. 
Nomina sunt symbola rerum. Names are the symbols of things. 
Non accipi debent verba in demonstrationem falsam, quae competunt in 
   limitationem veram. Words ought not to be accepted to import a false 
   demonstration which have effect by way of true limitation. Bacon's Max. 
   Reg. 13. 
Non alio modo puniatur aliquis, quam secundum quod se habet condemnatio. A 
   person may not be punished differently than according to what the sentence

   enjoins. 3 Co. Inst. 217. 
Non concedantur citationes priusquam exprimatur super qua ne fieri debet 
   citatio. Summonses or citations should not be granted before it is 
   expressed under the circumstances whether the summons ought to be made. 
   12 Co. 47. 
Non auditor perire volens. One who wishes to perish ought not to be heard. 
   Best on Evidence, Sec. 385. 
Non consentit qui errat. He who errs does not consent. 1 Bouv. Inst. n. 
   581. 
Non debet, cui plus licet, quod minus est, non licere. He who is permitted 
   to do the greater, may with greater reason do the less. Dig. 50, 17, 21. 
Non decipitur qui scit se decipi. He is not deceived who know himself to be 
   deceived. 5 co. 60. 
Non definitur in jure quid sit conatus. What an attempt is, is not defined 
   in law. 6 Co. 42. 
Non differunt quae concordant re, tametsi non in verbis iisdem. Those things 
   which agree in substance though not in the same words, do not differ. 
   Jenk. Cent. 70. 
Non effecit affectus nisi sequatur effectus. The intention amounts to 
   nothing unless some effect follows. 1 Roll. R. 226. 
Non est arctius vinculum inter homines quam jusjurandum. There is no 
   stronger link among men than an oath. Jenk. Cent. 126. 
Non est disputandum contra principia negantem. There is no disputing against 
   a man denying principles. Co. Litt. 343. 
Non est recedendum a communi observantia. There is no departing from a 
   common observance. 2 Co. 74. 
Non est regula quin fallat. There is no rule but what may fail. Off. Ex. 
   212. 
Non est certandum de regulis juris. There is no disputing about rules of 
   law. 
Non faciat malum, ut inde veniat bonum. You are not to do evil that good may 
   come of it. 11 Co. 74. 
Non impedit clausula derogatoria, quo minus ab eadem potestate res 
   dissolvantur a quibus constitutuntur. A derogatory clause does not 
   prevent things or acts from being dissolved by the same power, by which 
   they were originally made. Bacon's Max. Reg. 19. 
Non in legendo sed in intelligendo leges consistunt. The laws consist not in 
   being read, but in being understood. 8 co. 167. 
Non Licet quod dispendio licet. That which is permitted only at a loss, is 
   not permitted to be done. Co. Litt. 127. 
Non nasci, et natum mori, pari sunt. Not to be born, and to be dead born, is 
   the same. 
Non obligat lex nisi promulgata. A law is not obligatory unless it be 
   promulgated. 
Non observata forma, infertur adnullatio actus. When the form is not 
   observed, it is inferred that the act is annulled. 12 Co. 7. 
Non omne quod licet honestum est. Everything which is permitted is not 
   becoming. Dig. 50, 17, 144. 
Non omne damnum inducit injuriam. Not every loss produces an injury. See 3 
   Bl. Com. 219; 1 Smith's Lead. Cas. 131; Broom's Max. 93; 2 Bouv. Inst. n. 
   2211. 
Non omnium quae a majoribus nostris constituta sunt ratio reddit potest. A 
   reason cannot always be given for the institutions of our ancestors. 4 
   Co. 78. 
Non potest adduci exception ejusdem rei cujus petitur dissolutio. A plea of 
   the same matter, the dissolution of which is sought by the action, cannot 
   be brought forward. Bacon's Max. Reg. 2. When an action is brought to 
   annul a proceeding, the defendant cannot plead such proceeding in bar. 
Non praestat impedimentum quod de jure non sortitur effectum. A thing which 
   has no effect in law, is not an impediment. Jenk. Cent. 162. 
Non quod dictum est, sed quod factum est, inspicitur. Not what is said, but 
   what is done, is to be regarded. Co. Litt. 36. 
Non refert an quis assensum suum praefert verbis, an rebus ipsis et factis. 
   It is immaterial whether a man gives his assent by words or by acts and 
   deeds. 10 Co. 52. 
Non refert quid ex aequipolentibus fiat. What may be gathered from words of 
   tantamount meaning, is of no consequence when omitted. 5 Co. 122. 
Non refert quid notum sit judice si notum non sit in forma judici. It 
   matters not what is known to the judge, if it is not known to him 
   judicially. 3 Buls. 115. 
Non refert verbis an factis fit revocatio. It matters not whether a 
   revocation be by words or by acts. Cro. Car. 49. 
Non solum quid licet, sed quidest conveniens considerandum, quia nihil quod 
   inconveniens est licitum. Not only what is permitted, but what is proper, 
   is to be considered, because what is improper is illegal. Co. Litt. 66. 
Non sunt longa ubi nihil est quod demere possis. There is no prolixity where 
   nothing can be omitted. Vaugh. 138. 
Non temere credere, est nervus sapientae. Not to believe rashly is the nerve 
   of wisdom. 5 Co. 114. 
Non videtur quisquam id capere, quod ei necesse est alii restituere. One is 
   not considered as acquiring property in a thing which he is bound to 
   restore. Dig. 50, 17, 51. 
Non videntur qui errant consentire. He who errs is not considered as 
   consenting. Dig. 50, 17, 116. 
Non videtur consensum retinuisse si quis ex praescripto minantis aliquid 
   immutavit. He does not appear to have retained his consent, if he have 
   changed anything through the means of a party threatening. Bacon's Max. 
   Reg. 33. 
Novatio non praesumitur. A novation is not presumed. See Novation. 
Novitas non tam utilitate prodest quam novitate perturbat. Novelty benefits 
   not so much by its utility, as it disturbs by its novelty. Jenk. Cent. 
   167. 
Novum judicium non dat novum jus, sed declarat antiquum. A new judgment does 
   not make a new law, but declares the old. 10 Co. 42. 
Nul ne doit s'enrichir aux depens des autres. No one ought to enrich himself 
   at the expense of others. 
Nul prendra advantage de son tort demesne. No one shall take advantage of 
   his own wrong. 
Nulla impossibilia aut inhonesta sunt praesumenda. Impossibilities and 
   dishonesty are not to be presumed. Co. Litt. 78. 
Nulle regle sans faute. There is no rule without a fault. 
Nulli enim res sua servit jure servitutis. No one can have a servitude over 
   his own property. Dig. 8, 2, 26; 17 Mass. 443; 2 Bouv. Inst. n. 1600. 
Nullum exemplum est idem omnibus. No example is the same for all purposes. 
Nullum iniquum praesumendum in jure. Nothing unjust is presumed in law. 4 
   Co. 72. 
Nullum simile est idem. No simile is the same. Co. Litt. 3. 
Nullus commodum capere potest de injuria sua propria. No one shall take 
   advantage of his own wrong. Co. Litt. 148. 
Nullus recedat e curia concellaria sine remedio. No one ought to depart out 
   of the court of chancery without a remedy. 
Nunquam fictio sine lege. There is no fiction without law. 
Nuptias non concubitas, sed consensus facit. Cohabitation does not make the 
   marriage, it is the consent of the parties. Dig 50, 17, 30; 1 Bouv. Inst. 
   n. 239; Co. Litt. 33. 
Obedientia est legis essentia. Obedience is the essence of the law. 11 Co. 
   100. 
Obtemperandum est consuetudini rationabili tanquam legi. A reasonable custom 
   is to be obeyed like law. 4 Co. 38. 
Officers may not examine the judicial acts of the court. 
Officia magistratus non debent esse venalia. The offices of magistrates 
   ought not to be sold. Co. Litt. 234. 
Officia judicialia non concedantur antequam vacent. Judicial offices ought 
   not to be granted before they are vacant. 11 Co. 4. 
Officit conatus si effectus sequatur. The attempt becomes of consequence, if 
   the effect follows. 
Officium nemini debet esse damnosum. An office ought to be injurious to no 
   one. 
Omissio eorum quae tacite insunt nihil operatur. The omission of those 
   things which are silently expressed is of no consequence. 
Omne actum ab intentione agentis est judicandum. Every act is to be 
   estimated by the intention of the doer. 
Omne crimen ebrietas et incendit et detegit. Drunkenness inflames and 
   produces every crime. Co. Litt. 247. 
Omne magis dignum trahit ad se minus dignum sit antiquius. Every worthier 
   thing draws to it the less worthy, though the latter be more ancient. Co. 
   Litt. 355. 
Omne magnum exemplum habet aliquid ex iniquio, quod publica utilitate 
   compensatur. Every great example has some portion of evil, which is 
   compensated by its public utility. Hob. 279. 
Omne majus continet in se minus. The greater contains in itself the less. 
   Co. Litt. 43. 
Omne majus minus in se complecitur. Always the greater is embraced in the 
   minor. Jenk. Cent. 208. 
Omne testamentum morte consummatum est. Every will is consummated by death. 
   3 Co. 29. 
Omne sacramentum debet esse de certa scientia. Every oath ought to be 
   founded on certain knowledge. 4 Co. Inst. 279. 
Omnia delicta in aperto leviora sunt. All crimes committed openly are 
   considered lighter. 8 co. 127. 
Omnia praesumuntur contra spoliatorem. All things are presumed against a 
   wrong doer. 
Omnia praesumuntur legitime facta donec probetur in contrarium. All things 
   are presumed to be done legitimately, until the contrary is proved. Co. 
   Litt. 232. 
Omnia praesumuntur rite esse acta. All things are presumed to be done in due 
   form. 
Omnia praesumuntur solemniter esse acta. All things are presumed to be done 
   solemnly. Co. Litt. 6. 
Omnia quae sunt uxoris sunt ipsius viri. All things which are of the wife, 
   belong to the husband. Co. Litt. 112. 
Omnis actio est loquela. Every action is a complaint. Co. Litt. 292. 
Omnis conclusio boni et veri judicii sequitur ex bonis et veris praemissis 
   et dictis juratorem. Every conclusion of a good and true judgment arises 
   from good and true premises, and the sayings of jurors. Co. Litt. 226. 
Omnis consensus tollit errorem. Every consent removes error. 2 Inst. 123. 
Omnis definitio in jure periculosa est; parum est enim ut non subverti 
   posset. Every definition in law is perilous, and but a little may reverse 
   it. Dig. 50, 17, 202. 
Omnis exceptio est ipsa quoque regula. An exception is, in itself, a rule. 
Omnis innovatio plus novitate perturbat quam utilitate prodest. Every 
   innovation disturbs more by its novelty than it benefits by its utility. 
Omnis interpretatio si fieri potest ita fienda est in instrumentis, ut omnes 
   contrarietates amoveantur. The interpretation of instruments is to be 
   made, if they will admit of it, so that all contradictions may be 
   removed. Jenk. Cent. 96. 
Omnis interpretatio vel declarat, vel extendit, vel restringit. Every 
   interpretation either declares, extends or restrains. 
Omnis regula suas patitur exceptiones. All rules of law are liable to 
   exceptions. 
Omnis privatio praesupponit habitum. Every privation presupposes former 
   enjoyment. Co. Litt. 339. 
Omnis ratihabitio retro trahitur et mandato aequiparatur. Every consent 
   given to what has already been done, has a retrospective effect and 
   equals a command. Co. Litt. 207. 
Once a fraud, always a fraud. 13 Vin. Ab. 539. 
Once a mortgage always a mortgage. 
Once a recompense always a recompense. 19 Vin. Ab. 277. 
One should be just before he is generous. 
One may not do an act to himself. 
Oportet quod certa res deducatur in judicium. A thing, to be brought to 
   judgment, must be certain or definite. Jenk. Cent. 84. 
Oportet quod certa sit res venditur. A thing, to be sold, must be certain or 
   definite. 
Optima est lex, quae minimum relinquit arbitrio judicis. That is the best 
   system of law which confides as little as possible to the discretion of 
   the judge. Bac. De Aug. Sci. Aph. 46. 
Optimam esse legem, quae minimum relinquit arbitrio judicis; id quod 
   certitudo ejus praestat. That law is the best which leaves the least 
   discretion to the judge; and this is an advantage which results from 
   certainty. Bacon, De Aug. Sc. Aph. 8. 
Optimus judex, qui minimum sibi. He is the best judge who relies as little 
   as possible on his own discretion. Bac. De Aug. Sci. Aph. 46. 
Optimus interpretandi modus est sic legis interpretare ut leges legibus 
   accordant. The best mode of interpreting laws is to make them accord. 8 
   Co. 169. 
Optimus interpres rerum usus. Usage is the best interpreter of things. 2 
   Inst. 282. 
Optimus legum interpres consuetudo. Custom is the best interpreter of laws. 
   4 Inst. 75. 
Ordine placitandi servato, servatur et jus. The order of pleading being 
   preserved, the law is preserved. Co. Litt. 363. 
Origo rei inspici debet. The origin of a thing ought to be inquired into. 1 
   Co. 99. 
Paci sunt maxime contraria, vis et injuria. Force and wrong are greatly 
   contrary to peace. Co. Litt. 161. 
Pacta privata juri publico derogare non possunt. Private contracts cannot 
   derogate from the public law. 7 Co. 23. 
Pacto aliquod licitum est, quid sine pacto non admittitur. By a contract 
   something is permitted, which, without it, could not be admitted. Co. 
   Litt. 166. 
Par in parem imperium non habet. An equal has no power over an equal. Jenk. 
   Cent. 174. Example: One of two judges of the same court cannot commit the 
   other for contempt. 
Paria copulantur paribus. Things unite with similar things. paribus 
   sententiis reus absolvitur. When opinions are equal, a defendant is 
   acquitted. 4 Inst. 64. 
Parte quacumque integranta sublata, tollitur totum. An integral part being 
   taken away, the whole is taken away. 3 Co. 41. 
Partus ex legitimo thoro non certius noscit matrem quam genitorem suam. The 
   offspring of a legitimate bed knows not his mother more certainly than 
   his father. Fortes. c. 42. 
Partus sequitur ventrem. The offspring follow the condition of the mother. 
   This is the law in the case of slaves and animals; 1 Bouv. Inst. n. 167, 
   502; but with regard to freemen, children follow the condition of the 
   father. 
Parum differunt quae re concordant. Thing differ but little which agree in 
   substance. 2 Buls. 86. 
Parum est latam esse sententiam, nisi mandetur executioni. It is not enough 
   that sentence should be given unless it is put in execution. Co. Litt. 
   289. 
Parum proficit scire quid fieri debet, si non cognoscas quomodo sit 
   facturum. It avails little to know what ought to be done, if you do not 
   know how it is to be done. 2 Co. Inst. 503. 
Patria potestas in pietate debet, non in atrocitate consistere. Paternal 
   power should consist in affection, not in atrocity. 
Pater is est quem nuptiae demonstrant. The father is he whom the marriage 
   points out. 1 Bl. Com. 446; 7 mart. N. S. 548, 553; Dig. 2, 4, 5; 1 Bouv. 
   Inst. n. 273, 304, 322. 
Peccata contra naturam sunt gravissima. Offences against nature are the 
   heaviest. 3 Co. Inst. 20. 
Peccatum peccato addit qui culpae quam facit patrocinium defensionis 
   adjungit. He adds one offence to another, who, when he commits a crime, 
   joins to it the protection of a defence. 5 Co. 49. 
Per rerum naturam, factum negantis nulla probatio est. It is in the nature 
   of things that he who denies a fact is not bound to prove it. 
Per varius actus, legem experientia facit. By various acts experience framed 
   the law. 4 Co. Inst. 50. 
Perfectum est cui nihil deest secundum suae perfectionis vel naturae modum. 
   That is perfect which wants nothing in addition to the measure of its 
   perfection or nature. Hob. 151. 
Periculosum est res novas et inusitatas inducere. It is dangerous to 
   introduce new and dangerous things. Co. Litt. 379. 
Periculum rei venditae, nondum traditae, est emptoris. The purchaser runs 
   the risk of the loss of a thing sold, though not delivered. 1 Bouv. Inst. 
   n. 939; 4 B. & C. 941; 4 B. & C. 481. 
Perpetua lex est, nullam legem humanum ac positivam perpetuam esse; et 
   clausula quae abrogationem excludit initio non valet. It is a perpetual 
   law that no human or positive law can be perpetual; and a clause in a law 
   which precludes the power of abrogation is void ab initio. Bacon's Max. 
   in Reg. 19. 
Perpetuities are odious in law and equity. 
Persona conjuncta aequiparatur interesse proprio. A person united equal 
   one's own interest. Bacon's Max. Reg. 18. This means that a personal 
   connexion, as nearness of blood or kindred, may in some cases, raise a 
   use. 
Perspicua vera non sunt probanda. Plain truths need not be proved. Co. Litt. 
   16. 
Pirata est hostis humani generis. A pirate is an enemy of the human race. 3 
   Co. Inst. 113. 
Pluralis numerus est duobus contentus. The plural number is contained in 
   two. 1 Roll. R. 476. 
Pluralities are odious in law. 
Plures cohaeredes sunt quasi unum corpus, propter unitatem juris quod 
   habent. Several co-heirs are as one body, by reason of the unity of right 
   which they possess. Co. Litt. 163. 
Plures participes sunt quasi unum corpus, in eo quod unum jus habent. 
   Several partners are as one body, by reason of the unity of their rights. 
   Co. Litt. 164. 
Plus exempla quam peccata nocent. Examples hurt more than offences. 
Plus peccat auctor quam actor. The instigator of a crime is worse than he 
   who perpetrates it. 5 Co. 99. 
Plus valet unus oculatus testis, quam auriti de cem. One eye witness is 
   better than ten ear ones. 4 Inst. 279. 
Paena ad paucos, metus ad omnes perveniat. A punishment inflicted on a few, 
   causes a dread to all. 22 Vin. Ab. 550. 
Paena non potest, culpa perennis erit. Punishment may have an end, crime is 
   perpetual. 21 Vin. Ab. 271. 
Paena ad paucos, metus ad omnes. Punishment to few, dread or fear to all. 
Paenae potius molliendae quam exasperendae sunt. Punishments should rather 
   be softened than aggravated. 3 Co. Inst. 220. 
Posito uno oppositorum negatur alterum. One of two opposite positions being 
   affirmed, the other is denied. 3 Rob. Lo. Rep. 422. 
Possessio est quasi pedis positio. Possession is, as it were, the position 
   of the foot. 3 Co. 42. 
Possession of the termer, possession of the reversioner. 
Possession is a good title, where no better title appears. 20 Vin. Ab. 278. 
Possessor has right against all men but him who has the very right. 
Possibility cannot be on a possibility. 
Posteriora derogant prioribus. Posterior laws derogate former ones. 1 Bouv. 
   Inst. n. 90. 
Potentia non est nisi ad bonum. Power is not conferred, but for the public 
   good. 
Potentia debet sequi justiciam, non antecedere. Power ought to follow, not 
   to precede justice. 3 Buls. 199. 
Potentia inutilis frustra est. Useless power is vain. 
Potest quis renunciare pro se, et suis, juri quod pro se introductum est. A 
   man may relinquish, for himself and his heirs, a right which was 
   introduced for his own benefit. See 1 Bouv. Inst. n. 83. 
Potestas stricte interpretatur. Power should be strictly interpreted. 
Postestas suprema seipsum dissolvare potest, ligare non potest. Supreme 
   power can dissolve, but cannot bind itself. 
Potior est conditio defendentis. Better is the condition of the defendant, 
   than that of the plaintiff. 
Potior est conditio possidentis. Better is the condition of the possessor. 
Praepropera consilia, raro sunt prospera. Hasty counsels are seldom 
   prosperous. 4 Inst. 57. 
Praestat cautela quam medela. Prevention is better than cure. Co. Litt. 304. 
Praesumptio violenta, plena probatio. Strong presumption is full proof. 
Praesumptio violenta valet in lege. Strong presumption avails in law. 
Praetextu liciti non debet admitti illicitum. Under pretext of legality, 
   what is illegal ought not to be admitted. 10 Co. 88. 
Praxis judicim est interpres legum. The practice of the judges is the 
   interpreter of the laws. Hob. 96. 
Precedents that pass sub silentio are of little or no authority. 16 Vin. 
   499. 
Precedents has as much law as justice. 
Praesentia corporis tollit errorem nominis, et veritas nominis tollit 
   errorem demonstrationis. The presence of the body cures the error in the 
   name; the truth of the name cures an error in the description. Bacon's 
   Max. Reg. 25. 
Pretium succedit in locum rei. The price stands in the place of the thing 
   sold. 1 Bouv. Inst. n. 939. 
Prima pars aequitatis aequalitas. The radical element of justice is 
   equality. 
Principia data sequuntur concomitantia. Given principles follow their 
   concomitants. 
Principia probant, non probantur. Principles prove, they are not proved. 3 
   Co. 40. See Principles. 
Principiorum non est ratio. There is no reasoning of principles. 2 Buls. 
   239. See Principles. 
Principium est potissima pars cujusque rei. The principle of a thing is its 
   most powerful part. 10 Co. 49. 
Prior tempore, potior jure. He who is before in time, is preferred in right. 
Privatorum conventio juri publico non derogat. Private agreements cannot 
   derogate from public law. Dig. 50, 17, 45, 1. 
Privatum incommodum publico bono peusatur. Private inconvenience is made up 
   for by public benefit. 
Privilegium est beneficium personale et extinguitur cum persona. A privilege 
   is a personal benefit and dies with the person. 3 Buls. 8. 
Privilegium est quasi privata lex. A privilege is, as it were, a private 
   law. 2 Buls. 8. 
Probandi necessitas incumbit illi ui agit. The necessity of proving lies 
   with him who makes the charge. 
Probationes debent esse evidentes, id est, perspicuae et faciles intelligi. 
   Proofs ought to be made evident, that is, clear and easy to be 
   understood. Co. Litt. 283. 
Probatis extremis, praesumitur media. The extremes being proved, the 
   intermediate proceedings are presumed. 1 Greenl. Ev. Sec. 20. 
Processus legis est gravis vexatio, executio legis coronat opus. The process 
   of the law is a grievous vexation; the execution of the law crowns the 
   work. Co. Litt. 289. 
Prohibetur ne quis faciat in suo quod nocere possit alieno. It is prohibited 
   to do on one's own property that which may injure another's. 9 co. 59. 
Propinquior excludit propinquum; propinquus remotum; et remotus remotiorem. 
   He who is nearer excludes him who is near; he who is near, him who is 
   remote; he who is remote, him who is more remote. co. Litt. 10. 
Proprietas verborum est salus proprietatum. The propriety of words is the 
   safety of property. 
Protectio trahit subjectionem, subjectio projectionem. Protection draws to 
   it subjection, subjection, protection. Co. Litt. 65. 
Proviso est providere praesentia et futura, non praeterita. A proviso is to 
   provide for the present and the future, not the past. 2 Co. 72. 
Proximus est cui nemo antecedit; supremus est quem nemo sequitur. He is next 
   whom no one precedes; he is last whom no one follows. 
Prudentur agit qui praecepto legis obtemperat. He acts prudently who obeys 
   the commands of the law. 5 Co. 49. 
Pueri sunt de sanguine parentum, sed pater et mater non sunt de sanguine 
   puerorum. Children are of the blood of their parents, but the father and 
   mother are not the blood of their children. 3 Co. 40. 
Purchaser without notice not obliged to discover to his own hurt. See 4 
   Bouv. Inst. n. 4336. 
Quae ab hostibus capiuntur, statim capientium fiunt. Things taken from 
   public enemies immediately become the property of the captors. See Infra 
   praesidia. 
Quae ad unum finem loquuta sunt; non debent ad alium detorqueri. Words 
   spoken to one end, ought not to be perverted to another. 4 Co. 14. 
Quae cohaerent personae a persona separari nequeunt. Things which belong to 
   the person ought not to be separated from the person. Jenk. Cent. 28. 
Quae communi legi derogant stricte interpretantur. Laws which derogate from 
   the common law ought to be strictly construed. Jenk. Cent. 231. 
Quae contra rationem juris introducta sunt, non debent trahi in 
   consequentiam. Things introduced contrary to the reason of the law, ought 
   not to be drawn into precedents. 12 Co. 75. 
Quae dubitationis causa tollendae inseruntur communem legem non laedunt. 
   Whatever is inserted for the purpose of removing doubt, does not hurt or 
   affect the common law. Co. Litt. 205. 
Quae incontinenti vel certo fiunt inesse videntur. Whatever is done directly 
   and certainly, appears already in existence. Co. Litt. 236. 
Quae in auria acta sunt rite agi praesummuntur. Whatever is done in court is 
   presumed to be rightly done. 3 Buls. 43. 
Quae in partes dividi nequeunt solida, a singulis praestantur. Things which 
   cannot be divided into parts are rendered entire severally. 6 Co. 1. 
Quae inter alios acta sunt nemini nocere debent, sed prodesse possunt. 
   Transactions between strangers may benefit, but cannot injure, persons 
   who are parties to them. 6 Co. 1. 
Quae malasunt inchoata in principio vex bono peragantur exitu. Things bad in 
   the commencement seldom end well. 4 Co. 2. 
Quae non valeant singula, juncta juvant. Things which do not avail singly, 
   when united have an effect. 3 Buls. 132. 
Quae praeter consuetudinem et morem majorum fiunt, neque placent, necque 
   recta videntur. What is done contrary to the custom of our ancestors, 
   neither pleases nor appears right. 4 Co. 78. 
Quae rerum natura prohibentur, nulla lege confirmata sunt. What is prohibited

   in the nature of things, cannot be confirmed by law. Finch's Law, 74. 
Quaecumque intra rationem legis inveniuntur, intra legem ipsam esse 
   judicantur. Whatever appears within the reason of the law, ought to be 
   considered within the law itself. 2 Co. Inst. 689. 
Quaelibet concessio fortissime contra donatorem interpretanda est. Every 
   grant is to be taken most strongly against the grantor. Co. Litt. 183. 
Quaelibet jurisdictio cancellos suos habet. Every jurisdiction has its 
   bounds. 
Qualibet paena corporalis, quam vis minima, major est qualibet paena 
   pecuniaria. Every corporal punishment, although the very least, is 
   greater than pecuniary punishment. 3 Inst. 220. 
Quaeras de dubiis, legem bene discere si vis. Inquire into them, is the way 
   to know what things are really true. Litt. Sec. 443. 
Qualitas quae inesse debet, facile praesumitur. A quality which ought to 
   form a part, is easily presumed. 
Quam longum debet esse rationabile tempus, non definitur in lege, sed pendet 
   ex discretione justiciariorum. What is reasonable time, the law does not 
   define; it is left to the discretion of the judges. Co. Litt. 56. See 11 
   Co. 44. 
Quamvis aliquid per se non sit malum, tamen si sit mali exemple, non est 
   faciendum. Although, in itself, a thing may not be had, yet, if it holds 
   out a bad example, it is not to be done. 2 Co. Inst. 564. 
Quamvis lex generaliter loquitur, restringenda tamen est, ut cessante 
   ratione et ipsa cessat. Although the law speaks generally, it is to be 
   restrained when the reason on which it is founded fails. 4 Co. Inst. 330. 
Quando abest provisio partis, adest provisio legis. A defect in the 
   provision of the party is supplied by a provision of the law. 6 Vin. Ab. 
   49. 
Quando aliquid prohibetur ex directo, prohibetur et per obliquum. When 
   anything is prohibited directly, it is prohibited indirectly. Co. Litt. 
   223. 
Quando charta continet generalem clausulam, posteaque descendit ad verba 
   specialia quae clausulae generali sunt constnanea interpretanda est 
   charta secundum verba specialia. When a deed contains a general clause, 
   and afterwards descends to special words, consistent with the general 
   clause, the deed is to be construed according to the special words. 8 Co. 
   154. 
Quando do una et eadem re, duo onerabiles existunt, unus, pro insufficientia 
   alterius, de integro onerabitur. When two persons are liable on a joint 
   obligation, if one makes default the other must bear the whole. 2 Co. 
   Inst. 277. 
Quando dispositio referri potest ad duas res, ita quod secundum relationem 
   unam vitiatur et secundum alteram utilis sit, tum facienda est relatio ad 
   illam ut valeat dispositio. When a disposition may be made to refer to 
   two things, so that according to one reference, it would be vitiated, and 
   by the other it would be made effectual, such a reference must be made to 
   the disposition which is to have effect. 6 co. 76. 
Quando diversi considerantur actus ad aliquem statum perficiendum, plus 
   respicit lex acium originalem. When two different acts are required to 
   the formation of an estate, the law chiefly regards the original act. 10 
   Co. 49. 
Quando duo juro concurrunt in und persona, aequum est ac si essent in 
   diversis. When two rights concur in one person, it is the same as if they 
   were in two separate persons. 4 Co. 118. 
Quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa 
   esse non potest. When the law gives anything, it gives the means of 
   obtaining it. 5 Co. 47. 
Quando lex aliquid alicui concedit, omnia incidentia tacite conceduntur. 
   When the law gives anything, it gives tacitly what is incident to it. 2 
   Co. Inst. 326; Hob. 234. 
Quando lex est specialis, ratio autem generalis, generaliter lex est 
   intelligenda. When the law is special, but its reason is general, the law 
   is to be understood generally. 2 co. Inst. 83; 10 Co. 101. 
Quando licet id quod majus, videtur licere id quod minus. When the great is 
   allowed, the less seems to be allowed also. 
Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum 
   est. When more is done than ought to be done, that shall be considered 
   as performed, which should have been performed; as, if a man having a 
   power to make a lease for ten years, make one for twenty years, it shall 
   be void for the surplus. Broom's Max. 76; 8 Co. 85. 
Quando verba et mens congruunt, non est interpretationi locus. When the 
   words and the mind agree, there is no place for interpretation. 
Quem admodum ad quaestionem facti non respondent judices, ita ad quaestionem 
   juris non respondent juratores. In the same manner that judges do not 
   answer to questions of fact, so jurors do not answer to questions of law. 
   Co. Litt. 295. 
Qui accusat integrae famae sit et non criminosus. Let him who accuses be of 
   a clear fame, and not criminal. 3 Co. Inst. 26. 
Qui adimit medium, dirimit finem. He who takes away the means, destroys the 
   end. Co. Litt. 161. 
Qui aliquid staruerit parte inaudita altera, aequum licet dixerit, haud 
   aequum facerit. He who decides anything, a party being unheard, though he 
   should decide right, does wrong. 6 Co. 52. 
Qui bene interrogat, bene docet. He who questions well, learns well. 3 Buls. 
   227. 
Qui bene distinguit, bene docet. He who distinguishes well, learns well. 2 
   Co. Inst. 470. 
Qui concedit aliquid, concedere videtur et id sine quo concessio est irrita, 
   sine quo res ipsa esse non potuit. He who grants anything, is considered 
   as granting that, without which his grant would be idle, without which 
   the thing itself could not exist. 11 Co. 52. 
Qui confirmat nihil dat. He who confirms does not give. 2 Bouv. Inst. n. 
   2069. 
Qui contemnit praeceptum, contemnit praecipientem. He who condemns the 
   precept, condemns the party giving it. 12 Co. 96. 
Qui cum alio contrahit, vel est, vel debet esse non ignarus conditio ejus. 
   He who contracts, knows, or ought to know, the quality of the person with 
   whom he contracts, otherwise he is not excusable. Dig. 50, 17, 19; 2 
   Hagg. Consist. Rep. 61. 
Qui destruit medium, destruit finem. He who destroys the means, destroys the 
   end. 11 Co. 51; Shep. To. 342. 
Qui doit inheritoer al pere, doit inheriter al fitz. He who ought to inherit 
   from the father, ought to inherit from the son. 
Qui ex damnato coitu nascuntur, inter liberos non computantur. He who is 
   born of an illicit union, is not counted among the children. Co. Litt. 8. 
   See 1 Bouv. Inst. n. 289. 
Qui evertit causam, evertit causatum futurum. He who overthrows the cause, 
   overthrows its future effects. 10 Co. 51. 
Qui facit per alium facit per se. He who acts by or through another, acts 
   for himself. 1 Bl. Com. 429; Story, Ag. Sec. 440; 2 Bouv. Inst. n. 1273, 
   1335, 1336; 7 Man. & Gr. 32, 33. 
Qui habet jurisdictionem absolvendi, habet jurisdictionem ligandi. He who 
   has jurisdiction to loosen, has jurisdiction to bind. 12 Co. 59. 
Qui haeret in litera, haeret in cortice. He who adheres to the letter, 
   adheres to the bark. Co. Litt. 289. 
Qui ignorat quantum solvere debeat, non potest improbus videre. He who does 
   not know what he ought to pay, does not want probity in not paying. Dig. 
   50, 17, 99. 
Qui in utero est, pro jam nato habetur quoties de ejus commodo quaeritur. He 
   who is in the womb, is considered as born, whenever it is for his 
   benefit. 
Qui jure suo utitur, nemini facit injuriam. He who uses his legal rights, 
   harms no one. 
Qui jussu judicis aliquod fuerit non videtur dolo malo fecisse, quia parere 
   necesse est. He who does anything by command of a judge, will not be 
   supposed to have acted from an improper motive, because it was necessary 
   to obey. 10 Co. 76. 
Qui male agit, odit lucem. He who acts badly, hates the light. 7 Co. 66. 
Qui melius probat, melius habet. He who proves most, recovers most. 9 Vin. 
   Ab. 235. 
Qui molitur insidias in patriam, id facit quod insanusnauta perforans navem 
   in qua vehitur. He who betrays his country, is like the insane sailor who 
   bores a hole in the ship which carries him. 3 Co. Inst. 36.  
Qui nascitur sine legitimo matrimonio, matrem sequitur. He who is born out 
   of lawful matrimony, follows the condition of the mother. 
Qui non cadunt in constantem virem, vani timores sunt astinandi. Those are 
   vain fears which do not affect a man of a firm mind. 7 Co. 27. 
Qui non libere veritatem pronunciat, proditor est verilatis. He who does not 
   willingly speak the truth, is a betrayer of the truth. 
Qui non obstat quod obstare potest facere videtur. He who does not prevent 
   what he can, seems to commit the thing. 2 Co. Inst. 146. 
Qui non prohibit quod prohibere potest assentire videtur. He who does not 
   forbid what he can forbid, seems to assent. 2 Inst. 305. 
Qui non propulsat injuriam quando potest, infert.  He who does not repel a 
   wrong when he can, induces it. Jenk. Cent. 271. 
Que obstruit aditum, destruit commodum. He who obstructs an entrance, 
   destroys a convenience. Co. Litt. 161. 
Qui omne dicit, nihil excludit. He who says all, excludes nothing. 4 Inst. 
   81. 
Qui parcit nocentibus, innocentibus punit. He who spares the guilty, 
   punishes the innocent. 
Qui peccat ebuius, luat sobrius. He who offends drunk, must be punished when 
   sober. Car. R. 133. 
Qui per alium facit per seipsum facere videtur. He who does anything through 
   another, is considered as doing it himself. Co. Litt. 258. 
Qui per fraudem agit, frustra agit. He who acts fraudulently acts in vain. 2 
   Roll. R. 17. 
Qui potest et debet vetare, jubet. He who can and ought to forbid, and does 
   not, commands. 
Qui primum peccat ille facit rixam. He who first offends, causes the strife. 
Qui prior est tempore, potior est jure. He who is first or before in time, 
   is stronger in right. Co. Litt. 14 a; 1 Story, Eq. Jur. Sec. 64 d; Story 
   Bailm. Sec. 312; 1 Bouv. Inst. n. 952; 4 Bouv. Inst. n. 3728. 
Qui providet sibi, providet haredibus. He who provides for himself, provides 
   for his heirs. 
Qui rationem in omnibus quarunt, rationem subvertunt. He who seeks a reason 
   for everything, subverts reason. 2 Co. 75. 
Qui semel actionem renunciaverit, amplius repetere non potest. He who 
   renounces his action once, cannot any more repeat it. 8 Co. 59. See 
   Retraxit. 
Qui semel malus, semper prasumitur esse malus in eodem genere. He who is 
   once bad, is presumed to be always so in the same degree. Cro. Car. 317. 
Que sentit commodum, sentire debet et onus. He who derives a benefit from a 
   thing, ought to feel the disadvantages attending it. 2 Bouv. Inst. n. 
   1433. 
Qui tacet consentire videtur. He who is silent appears to consent. Jenk. 
   Cent. 32. 
Qui tardius solvit, minus solvit. He who pays tardily, pays less than he 
   ought. Jenk.Cent. 38. 
Qui timent, cavent et vitant. They who fear, take care and avoid. Off. Ex. 
   162. 
Qui vult decipi, decipiatur. Set him who wishes to be deceived, be deceived. 
Quicpuid acquiritur servo, acquiritur domino. Whatever is acquired by the 
   servant, is acquired for the master. 15 Bin. Ab. 327. 
Quicquid plantatur solo, solo cedit. Whatever is affixed to the soil belongs 
   to it. Went. Off. Ex. 145. 
Quicquid plantatur solo, solo cedit. Whatever is affixed to the soil or the 
   realty, thereby becomes a parcel. See Amb: 113; 3 East, 51; and article 
   Fixtures. 
Quicquid est contra normam recti est injuria. Whatever is against the rule 
   of right, is a wrong. 3 Buls. 313. 
Quicquid in excessu actum est, lege prohibitur. Whatever is done in excess 
   is prohibited by law. 2 Co. Inst. 107. 
Quicquid judicis auctoritati subjictur, novitati nonsubjictur. Whatever is 
   subject to the authority of a judge, is not subject to novelty. 4 Co. 
   Inst 66. 
Quicquid solvitur, solvitur secundum modum solventis. Whatever is paid, is 
   paid according to the manner of the payor. 2 Vern. 606. See 
   Appropriation. 
Quilibet potest renunciare juri pro se inducto. Any one may renounce a law 
   introduced for his own benefit. To this rule there are some exceptions. 
   See 1 Bouv. Inst. n. 83. 
Qusquis est qui velit juris consultus haberi, continuet studium, velit a 
   quocunque doceri. Whoever wishes to be a lawyer, let him continually 
   study, and desire to be taught everything. 
Quod ab initio non valet, in tractu temporis non convalescere. What is not 
   good in the beginning cannot be rendered good by time. Merl. Rep. verbo 
   Regle de Droit. This, though true in general, is not universally so. 
Quod ad jus naturale attinet, omnes homenes aequales sunt. All men are equal 
   before the natural law. Dig. 50, 17, 32. 
Quod alias bonum et justum est, si per vim vel fraudem petatur, malum et 
   injustum efficitur. What is otherwise good and just, if sought by force 
   or fraud, becomes bad and unjust. 3 Co. 78. 
Quod constat clare, non debet verificari. What is clearly apparent need not 
   be proved. 
Quod constat curiae opere testium non indiget. What appears to the court 
   needs not the help of witnesses. 2 Inst. 662. 
Quod contra legem fit, pro infecto habetur. What is done contrary to the 
   law, is considered as not done. 4 Co. 31. No one can derive any advantage 
   from such an act. 
Quod contra juris rationem receptum est, non est producendum ad 
   consequentias. What has been admitted against the spirit of the law, 
   ought not to be heard. Dig. 50, 17, 141. 
Quod demonstrandi causa additur rei satis demonstratae, frusta fit. What is 
   added to a thing sufficiently palpable, for the purpose of demonstration, 
   is vain. 10 Co. 113. 
Quod dubitas, ne feceris. When you doubt, do not act. 
Quod est ex necessitate nunquam introducitor, nisi quando necessarium. What 
   is introduced of necessity, is never introduced except when necessary. 2 
   Roll. R. 512. 
Quod est inconveniens, aut contra rationem non permissum est in lege. What 
   is inconvenient or contrary to reason, is not allowed in law. Co. Litt. 
   178. 
Quod est necessarium est licitum. What is necessary is lawful. 
Quod factum est, cum in obscuro sit, ex affectione cujusque capit 
   interpretationem. Doubtful and ambiguous clauses ought to be construed 
   according to the intentions of the parties. Dig. 50, 17, 168, 1. 
Quod fieri non debet, factum valet. What ought not to be done, when done, is 
   valid. 5 Co. 38. 
Quod inconsulto fecimus, consultius revocemus. What is done without 
   consideration or reflection, upon better consideration we should revoke 
   or undo. 
Quod in minori valet, valebit in majori; et quod in majori non valet, nec 
   valebit in minori. What avails in the less, will avail in the greater; 
   and what will not avail in the greater, will not avail in the less. Co. 
   Litt. 260. 
Quod in uno similium valet, valebit in altere. What avails in one of two 
   similar things, will avail in the other. co. Litt. 191. 
Quod initio vitiosum est, non potest tractu temporis convalescere. Time 
   cannot render valid an act void in its origin. Dig. 50, 17, 29. 
Quod meum est sine me auferri non potest. What is mine cannot be taken away 
   without my consent. Jenk. Cent. 251. Sed vide Eminent Domain. 
Quod necessarie intelligitur id non deest. What is necessarily understood is 
   not wanting. 1 Buls. 71. 
Quod necessitas cogit, defendit. What necessity forces, it justifies. Hal. 
   Pl. Cr. 54. 
Quod non apparet non est, et non apparet judicialiter ante judicium. What 
   appears not does not exist, and nothing appears judicially before 
   judgment. 2 Co. Inst. 479. 
Quod non habet principium non habet finum. What has no beginning has no end. 
   Co. Litt. 345. 
Quod non legitur, non creditor. What is not read, is not believed. 4 Co. 
   304. 
Quod non valet in principalia, in accessoria seu consequentia non valebit; 
   et quod non valet in magis propinquo, non valebit in magis remoto. What 
   is not good in its principle, will not be good as to accessories or 
   consequences; and what is not of force as regards things near, will not 
   be of force as to things remote. 8 co. 78. 
Quod nullius est id ratione naturali occupanti conceditur. What belongs to 
   no one, naturally belong to the first occupant. Inst. 2, 1, 12; 1 Bouv. 
   Inst. n. 491. 
Quod nullius esse potest, id ut alicujus fieret nulla obligatio valet 
   efficere. Those things which cannot be acquired as property, cannot be 
   the object of an agreement. Dig. 50, 17, 182. 
Quod pendet, non est pro eo, quasi sit. What is in suspense is considered as 
   not existing. Dig. 50, 17, 169, 1. 
Quod per me non possum, nec per alium. What I cannot do in person, I cannot 
   do by proxy. 4 Co. 24. 
Quod per recordum probatum, non debet esse negatum. What is proved by the 
   record, ought not to be denied. 
Quod populus postremum jussit, id just ratum esto. What the people have last 
   enacted, let that be the established law. 
Quod prius est verius est; et quod prius est tempore potius est jure. What 
   is first is truest; and what comes first in time, is best in law. Co. 
   Litt. 347. 
Quod pro minore licitum est, et pro majore licitum est. What is lawful in 
   the less, is lawful in the greater. 8 Co. 43. 
Quod quis ex culpa sua damnum sentit, non intelligitur damnum sentire. He 
   who suffers a damage by his own fault, has no right to complain. Dig. 50, 
   17, 203. 
Quod quisquis norat in hoc se exerceat. Let every one employ himself in what 
   he knows. 11 Co. 10. 
Quod remedio destituitur ipsa re valet si culpa absit. What is without a 
   remedy is valid by the thing itself. Bacon's Max. Reg. 9. 
Quod semel meum est amplius meum esse non potest. Co. Litt. 49; Shep To. 
   212. 
Quod sub certa forma concessum vel reservatum est, non trahitur advalorem 
   vel compensationem. That which is granted or reserved under a certain 
   form, is not to be drawn into a valuation. Bacon's Max. Reg. 4. 
Quod solo inaedificatur solo cedit. Whatever is built on the soil is an 
   accessory of the soil. Inst. 2, 1, 29; 16 Mass. 449; 2 Bouv. Inst. n. 
   1571. 
Quod taciti intelligitur deessee non videtur. What is tacitly understood 
   does not appear to be wanting. 4 Co. 22. 
Quod vanum et inutile est, lex non requirit. The law does not require what 
   is vain and useless. Co. Litt. 319. 
Quotiens dubia interpretatio libertatis est, secundum libertatem 
   respondendum erit. Whenever there is a doubt between liberty and slavery, 
   the decision must be in favor of liberty. Dig. 50, 17, 20. 
Quoties in verbis nulla est ambiguitas ibi nulla expositio contra verba 
   fienda est. When there is no ambiguity in the words, then no exposition 
   contrary to the words is to be made. Co. Litt. 147. 
Ratihabitiio mandato aequiparatur. Ratification is equal to a command. Dig. 
   46, 3, 12, 4. 
Ratio est formalis causa consueetudinis. Reason is the formal cause of 
   custom. 
Ratio est legis anima, mutata legis ratione mutatur et lex. Reason is the 
   soul of the law; the reason of the law being changed, the law is also 
   changed. 
Ratio est radius divini luminis. Reason is a ray of divine light. Co. Litt. 
   232. 
Ratio et auctoritas duo clarisima mundi limina. Reason and authority are the 
   two brightest lights in the world. 4 Co. Inst. 320. 
Ratio in jure aequitas integra. Reason in law is perfect equity. 
Ratio legis est anima legis. The reason of the law is the soul of the law. 
Ratio non clauditur loco. Reason is not confined to any place. 
Ratio potest allegari deficiente lege, sed vera et legalis et non apparens. 
   Reason may be alleged when the law is defective, but it must be true and 
   legal reason, and not merely apparent. 6 Co. Litt. 191. 
Re, verbis, scripto, consensu, traditione, junctura vestes, sumere pacta 
   solent. Compacts are accustomed to be clothed by thing itself, by words, 
   by writing, by consent, by delivery. Plow. 161. 
Receditur a placitis juris, potius quam injuriae et delicta maneant 
   impunita. Positive rules of law will be receded from, rather than crimes 
   and wrongs should remain unpunished. Bacon's Max. Reg. 12. This applies 
   only to such maxims as are called placita juris; these will be dispensed 
   with rather than crimes should go unpunished, quia salus populi suprema 
   lex, because the public safety is the supreme law. 
Recorda sunt vestigia vetustatis et veritatis. Records are vestiges of 
   antiquity and truth. 2 Roll. R. 296. 
Recurrendum est ad extraordinarium quando non valet ordinarium. We must have 
   recourse to what is extraordinary, when what is ordinary fails. 
Regula pro lege, si deficit lex. In default of the law, the maxim rules. 
Regulariter non valet pactum dare mea non alienanda. Regularly a contract 
   not to alienate my property is not binding. Co. Litt. 223. 
Rei turpis nullum mandatum est. A mandate of an illegal thing is void. Dig. 
   17, 1, 6, 3. 
Reipublicae interest voluntates defunctorum effectum sortiri. It concerns 
   the state that the wills of the dead should have their effect. 
Relatio est fictio juris et intenta ad unum. Reference is a fiction of law, 
   and intent to one thing. 3 Co. 28. 
Relatio semper fiat ut valeat dispositio. Reference should always be had in 
   such a manner that a disposition in a will should avail. 6 Co. 76. 
Relation never defeats collateral acts. 18 Vin. Ab. 292. 
Relation shall never make good a void grant or devise of the party. 18 Vin. 
   Ab. 292. 
Relatiorum cognito uno, cognoscitur et alterum. Of things relating to each 
   other, one being known, the other is known. Cro. Jac. 539. 
Remainder can depend upon no estate but what beginneth at the same time the 
   remainder doth. 
Remainder must vest at the same instant that the particular estate 
   determines. 
Remainder to a person not of a capacity to take at the time of appointing it,

   is void. Plowd. 27. 
Remedies ought to be reciprocal. 
Remedies for rights are ever favorably extended. 18 Vin. Ab. 521. 
Remisus imperanti melius paretur. A man commanding not too strictly is best 
   obeyed. 3 Co. Inst. 233. 
Remoto impedimento, emergit actio. The impediment being removed the action 
   arises. 5 Co. 76. 
Rent must be reserved to him from whom the state of the land moveth. Co. 
   Litt. 143. 
Repellitur a sacramento infamis. An infamous person is repelled or prevented 
   from taking an oath. Co. Litt. 158. 
Reprobata pecunia liberat solventum. Money refused liberates the debtor. 9 
   Co. 79. But this must be understood with a qualification. See Tender. 
Reputatio est vulgaris opinio ubi non est veritas. Reputation is a vulgar 
   opinion where there is no truth. 4 Co. 107. But see, Character. 
Rerum ordo confunditur, si unicuique jurisdictio non servetur. The order of 
   things is confounded if every one preserves not his jurisdiction. 4 Co. 
   Inst. Proem. 
Rerum progressus ostendunt multa, quae in initio praecaveri seu praevideri 
   non possunt. The progress of time shows many things, which at the 
   beginning could not be guarded against, or foreseen. 6 Co. 40. 
Rerum suarum quilibet est moderator et arbiter. Every one is the manager and 
   disposer of his own. Co. Litt. 233. 
Res denominator a principaliori parte. A thing is named from its principal 
   part. 5 Co. 47. 
Res est misera ubi jus est vagam et invertum. It is a miserable state of 
   things where the law is vague and uncertain. 2 Salk. 512. 
Res, generalem habet significationem, quia tam corporea, quam incorporea, 
   cujuscunque sunt generis, naturae sive speciei, comprehendit. The word 
   things has a general signification, which comprehends corporeal and 
   incorporeal objects, of whatever nature, sort or specie. 3 Co. Inst. 482; 
   1 Bouv. Inst. n. 415. 
Res inter alios acta alteri nocere non debet. Things done between strangers 
   ought not to injure those who are not parties to them. Co. Litt. 152. 
Res judicata pro veritate accipitur. A thing adjudged must be taken for 
   truth. Co. Litt. 103; Dig. 50, 17, 207. See Res judicata. 
Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, ex recto 
   curvum. A thing adjudged makes what was white, black; what was black, 
   white; what was crooked straight; what was straight, crooked. 1 Bouv. 
   Inst. n. 840. 
Res per pecuniam aestimatur, et non pecunia per res. The value of a thing is 
   estimated by its worth in money, and the value of money is not estimated 
   by reference to one thing. 9 Co. 76; 1 Bouv. Inst. n. 922. 
Res perit domino suo. The destruction of the thing is the loss of its owner. 
   2 Bouv. Inst. n. 1456, 1466. 
Reservatio non debet esse de proficuis ipsis quia ea conceduntur, sed de 
   redditu nova extra proficua. A reservation ought not to be of the profits 
   themselves, because they are granted, but from the new rent out of the 
   profits. Co. Litt. 142. 
Resignatio est juris proprii spontanea refutatio. Resignation is the 
   spontaneous relinquishment of one's own right. Godb. 284. 
Respondeat superior. Let the principal answer. 4 Co. Inst. 114; 2 Bouv. 
   Inst. n. 1337; 4 Bouv. Inst. n. 3586. 
Responsio unius non omnino auditur. The answer of one witness shall not be 
   heard at all. 1 Greenl. Ev. Sec. 260. This is a maxim of the civil law, 
   where everything must be proved by two witnesses. 
Rights never die. 
Reus laesae majestatis punitur, ut pereat unus ne pereant omnes. A traitor 
   is punished, that by the death of one, all may not perish. 4 Co. 124. 
Sacramentum habet in se tres comites, varitatem, justitiam et judicium; 
   veritas habenda est in jurato; justitia et justicium in judice. An oath 
   has in it three component parts -- truth, justice and judgment; truth in 
   the party swearing; justice and judgment in the judge administering the 
   oath. 3 Co. Inst. 160. 
Sacramentum si fatuum fuerit, licet falsum, tamen non committit perjurium. A 
   foolish oath, though false, makes not perjury. 2 Co. Inst. 167. 
Saepe viatorim nova non vetus orbita fallit. Often it is the new road, not 
   the old one, which deceives the traveller. 4 Co. Inst. 34. 
Saepenumero uvb proprietas verboem attenditur, sensus veritatis amittitur. 
   Frequently where the propriety of words is attended to, the meaning of 
   truth is lost. 7 Co. 27. 
Salus populi est suprema lex. The safety of the people is the supreme law. 
   Bacon's Max. in Reg. 12; Broom's Max. 1. 
Salus ube multi consiliarii. In many counsellors there is safety. 4 Co. 
   Inst. 1. 
Sapiens incipit a fine, et quod primum est in intentione, ultimum est in 
   executione. A wise man begins with the last, and what is first in 
   intention is last in execution. 10 Co. 25. 
Sapiens omnia agit cum consilio. A wise man does everything advisedly. 4 Co. 
   Inst. 4. 
Sapientia legis nummario pretio non est aestemanda. The wisdom of law cannot 
   be valued by money. 
Sapientis judicis est cogitare tantum sibi esse permissum, quantum commissum 
   et creditum. A wise man should consdier as much what he premises as what 
   he commits and believes. 4 Co. Inst. 193. 
Satisfaction should be made to that fund which has sustained the loss. 4 
   Bouv. Inst. n. 3731. 
Satius est petere fontes quam sectari rivulos. It is better to search the 
   fountain than to cut rivulets. 10 Co. 118. It is better to drink at the 
   fountain than to sip in the streams. 
Scientia sciolorum est mixta ignorantia. The knowledge of smatterers is 
   mixed ignorance. 8 Co. 159. 
Scientia et volunti non fit injuria. A wrong is not done to one who knows 
   and wills it. 
Scientia utrimque per pares contrahentes facit. Equal knowledge on both 
   sides makes the contracting parties equal. 
Scire leges, non hoc est verba eorum tenere, sed vim et potestatem. To know 
   the laws, is not to observe their mere words, but their force and power. 
   Dig. 1, 3, 17. 
Scire proprie est, rem ratione et per causam cognoscere. To know properly is 
   to know the reason and cause of a thing. Co. Litt. 183. 
Scire debes cum quo contrahis. You ought to know with whom you deal. 
Scribere est agere. To write is to act. 2 Roll. R. 89. 
Scriptae obligationes scriptis tolluntur, et nude consensus obligatio, 
   contrario consensu dissolvitur. Written obligations are dissolved by 
   writing, and obligations of naked assent by similar naked assent. 
Secundum naturam est, commoda cujusque rei eum sequi, quem sequentur 
   incommoda. It is natural that he who bears the charge of a thing, should 
   receive the profits. Dig. 50, 17, 10. 
Securius expediuntur negotia commissa pluribus, et plus vident oculi quam 
   oculus. Business entrusted to several speeds best, and several eyes see 
   more than one eye. 4 Co. 46. 
Semel malus semper praesumitur esse malus in eodem genere. Whatever is once 
   bad, is presumed to be so always in the same degree. Cro. Car. 317. 
Semper ita fiat relatio ut valeat dispositio. Let the reference always be so 
   made that the disposition may avail. 6 Co. 76. 
Semper necessitas probandi incumbit qui agit. The claimant is always bound 
   to prove: the burden of proof lies on him. 
Semper praesumitur pro legitimatione puerorem, et filiatio non potest 
   probari. Children are always presumed to be legitimate, for filiation 
   cannot be proved. Co. Litt. 126. See 1 Bouv. Inst. n. 303. 
Semper praesumitur pro sententia. Presumption is always in favor of the 
   sentence. 3 Buls. 43. 
Semper specialia generalibus insunt. Special clauses are always comprised in 
   general ones. Dig. 50, 17, 147. 
Sensus verborum est anima legis. The meaning of words is the spirit of the 
   law. 5 Co. 2. 
Sensus verborum ex causa dicendi accipiendus est, et sermones semper 
   accipiendi sunt secundum subjectam materiam. The sense of words is to be 
   taken from the occasion of speaking them, and discourses are always to be 
   interpreted according to the subject-matter. 4 Co. 14. 
Sententia facit jus, et legis interpretatio legis vim obtinet. The sentence 
   gives the right, and the interpretation has the force of law. 
Sententia interlocutoria revocari potest, difinitiva non potest. An 
   interlocutory sentence or order may be revoked, but not a final. 
Sententia non fertur de rebus non liquidis. Sentence is not given upon a 
   thing which is not clear. 
Sequi debet potentia justitiam, non praecedere. Power should follow justice, 
   not precede it. 2 Co. Inst. 454. 
Sermo index animi. Speech is an index of the mind. 5 Co. 118. 
Sermo relatus ad personam, intelligi debet de conditione personae. A speech 
   relating to the person is to be understood as relating to his condition. 
   4 Co. 16. 
Si a jure discedas vagus eris, et erunt omnia omnibus incerta. If you depart 
   from the law, you will wander without a guide, and everything will be in 
   a state of uncertainty to every one. Co. Litt. 227. 
Si assuetis mederi possis nova non sunt tentanda. If you can be relieved by 
   accustomed remedies, new ones should not be tried. 10 Co. 142. 
Si judicas, cognasce. If you judge, understand. 
Si meliores sunt quos ducit amor, plures sunt quos corrigit timer. If many 
   are better led by love, more are corrected by fear. Co. Litt. 392. 
Si nulla sit conjectura quae ducat alio, verba intelligenda sunt ex 
   proprietate, non grammatica sed populari ex usu. if there be no 
   conjecture which leads to a different result, words are to be understood, 
   according to the proper meaning, not in a grammatical, but in a popular 
   and ordinary sense. 2 Kent, Com. 555. 
Si quis custos fraudem pupillo fecerit, a tutela removendus est. If a 
   guardian behave fraudulently to his ward, he shall be removed from the 
   guardianship. Jenk. Cent. 39. 
Si quis praegnantum uxorem reliquit, non videtur sine liberis decessisse. If 
   a man dies, leaving his wife pregnant, he shall not be considered as 
   having died childless. 
Si suggestio non sit vera, literae patentes vacuae sunt. If the suggestion 
   of a patent is false, the patent itself is void. 10 Co. 113. 
Si quid universitate debetur singulis non debetur, nec quod debet, 
   universitas singuli debent. If anything is due to a corporation, it is 
   not due to the individual members of it, nor do the members individually 
   owe what the corporation owes. Dig. 3, 4, 7. 
Sic interpretandum est ut verba accipiantur cum effectu. Such an 
   interpretation is to be made, that the words may have an effect. 
Sic utere tuo ut alienum non laedas. So use your own as not to injure 
   another's property. 1 Bl. Com. 306; Broom's max. 160; 4 McCord, 472; 2 
   Bouv. Inst. n. 2379. 
Sicut natura nil facit per saltum, ita nec lex. AS nature does nothing by a 
   bound or leap, so neither does the law. Co. Litt. 238. 
Silent leges inter arma. laws are silent amidst arms. 4 Co. Inst. 70. 
Simplicitas est legibus amica. Simplicity is favorable to the law. 4 Co. 8. 
Sine possessione usucapio procedere non potest. There can be no prescription 
   without possession. 
Solemnitas juris sunt observandae. The solemnities of law are to be 
   observed. Jenk. Cent. 13. 
Solo cedit quod solo implantatur. What is planted in the soil belongs to the 
   soil. inst. 2, 1, 29. See 1 Mackeld. civ. Law, Sec. 268; 2 Bouv. Inst. n. 
   1571. 
Solo cedit quodquod solo implantatur. What is planted in the soil belongs o 
   the soil. Inst. 2, 1, 32; 2 Bouv. Inst. n. 1572. 
Solus Deus haeredem facit. God alone makes the heir. 
Solutio pretii, emptiones loco habetur. The payment of the price stands in 
   the place of a sale. 
Spes est vigilantis somnium. Hope is the dream of the vigilant. 4 Co. Inst. 
   203. 
Spes impunitatis continuum affectum tribuit delinquendi. The hope of 
   impunity holds out a continual temptation to crime. 3 Co. Inst. 236. 
Spoliatus debet ante omnia restitui. Spoil ought to be restored before 
   anything else. 2 Co. Inst. 714. 
Spondet peritiam artis. He promises to use the skill of his art. Poth. 
   Louage, n. 425; Jones, Bailm. 22, 53, 62, 97, 120; Domat, liv. 1, t. 4, 
   s. 8, n. 1; 1 Story Bailm. Sec. 431; 1 Bell's Com. 459, 5th ed.; 1 Bouv. 
   Inst. n. 1004. 
Stabit praesumptio donec probetur in contrarium. A presumption will stand 
   good until the contrary is proved. Hob. 297. 
Statuta pro publico commodo late interpretantur. Statutes made for the 
   public good ought to be liberally construed. Jenk. Cent. 21. 
Statutum affirmativum non derogat communi legi. An affirmative stature does 
   not take from the common law. Jenk. Cent. 24. 
Statutum generaliter est intelligendum quando verva statuti sunt specialia, 
   ratio autem generalis. When the words of a statute are special, but the 
   reason of it general, it is to be understood generally. 10 Co. 101. 
Statutum speciale statuto speciali non derogat. One special statute does not 
   take away from another special statute. Jenk. Cent. 199. 
Sublata causa tollitur effectus. Remove the cause and the effect will cease. 
   2 Bl. Com. 203. 
Sublata veneratione magistraiuum, respublica ruit. The commonwealth 
   perishes, if respect for magistrates be taken away. 
Sublato fundamento cadit opus. Remove the foundation, the structure or work 
   fall. 
Sublato principali tollitur adjunctum. If the principal be taken away, the 
   adjunct is also taken away. Co. Litt. 389. 
Summum jus, summa injuria. The rigor or height of law, is the height of 
   wrong. Hob. 125; 1 Chan. Rep. 4. 
Superflua non nocent. Superfluities do no injury. 
Surplusagium non nocet. Surplusage does no harm. 3Bouv. Inst. n. 2949. 
Tacita quaedam habentur pro expressis. Things silent are sometimes 
   considered as expressed. 8 Co. 40. 
Talis interpretatio semper fienda est, ut evitetur absurdum, et 
   inconveniens, et ne judicium sit illusorium. Interpretation is always to 
   be made in such a manner, that what is absurd and inconvenient is to be 
   avoided, so that the judgment be not nugatory. 1 Co. 52. 
Talis non est eadem, nam nullum simile est idem. What is like is not the 
   same, for nothing similar is the same. 4 Co. 18. 
Tantum bona valent, quantum vendi possunt. Things are worth what they will 
   sell for. 3 Co. Inst. 305. 
Terminus annorum certus debet esse et determinatus. A term of years ought to 
   be certain and determinate. Co. Litt. 45. 
Terra transit cum onere. Land passes with the incumbrances. Co. Litt. 45. 
Testamenta latissimam interpretationem habere debent. Wills ought to have the

   broadest interpretation. 
Testamentum omne morte consumatum. Every will is completed by death. Co. 
   Litt. 232. 
Testatoris ultima voluntas est perimplenda secundum veram intentionem suam. 
   The last will of a testator is to be fulfilled according to his real 
   intention. Co. Litt. 232. 
Testibus deponentibus in pari numero dignioribus est credendum. When the 
   number of witnesses is equal on both sides, the more worthy are to be 
   believed. 4 Co. Inst. 279. 
Testis de visu praeponderat aliis. An eye witness outweighs others. 4 Co. 
   Inst. 470. 
Testis nemo in sua causa esse potest. No one can be a witness in his own 
   cause. 
Testis oculatus unus plus valet quam auriti decem. One eye witness is worth 
   ten ear witnesses. See 3 Bouv. Inst. n. 3154. 
Timores vani sunt aestimandi qui non cadunt in constantem virum. Fears, 
   which have no fixed persons for their object, are vain. 7 Co. 17. 
That which I may defeat by my entry, I make good by my confirmation. Co. 
   Litt. 300. 
The fund which has received the benefit should make the satisfaction. 4 
   Bouv. Inst. n. 3730. 
Things shall not be void which may possibly be good. 
Trusts survive. 
Totum prefertur uni cuique parte. The whole is preferable to any single 
   part. 3 Co. 41. 
Tout ce que la loi ne defend pas est permis. Everything is permitted, which 
   is not forbidden by law. 
Tonte exception non surveillee tend a prendre la place du principe. Every 
   exception not watched tends to assume the place of the principle. 
Tractent fabrilia fabri. Let smiths perform the work of smiths. 3 Co. Epist. 
Traditio loqui facit chartam. Delivery makes the deed speak. 5 Co. 1. 
Transgressione multiplicata, crescat paena inflictio. When transgression is 
   multiplied, let the infliction of punishment be increased. 2 Co. Inst. 
   479. 
Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere 
   notitiam. Trial ought always to be had where the jury have the best 
   knowledge. 7 Co. 1. 
Trupis est pars quae non convenit cum suo toto. That part is bad which 
   accords not with the whole. Plow. 161. 
Tuta est custodia quae sibimet creditur. That guardianship is secure which 
   trusts to itself alone. 
Tutius erratur ex parte mittioro. It is safer to err on the side of mercy. 3 
   inst. 220. 
Ubi aliquid impeditur propter unum, eo remoto, tollitur impedimentum. When 
   anything is impeded by one single cause, if that be removed the 
   impediment is removed. 7 Co. 77. 
Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium. When a 
   common remedy ceases to be of service, recourse must be had to an 
   extraordinary one. 4 Co. 93. 
Ubi culpa est ibi paena subesse debet. Where there is culpability, there 
   punishment ought to be. 
Ubi eadem ratio, ibi idem lex. Where there is the same reason, there is the 
   same law. 7 co. 18. 
Ubi damna dantur, victus victori in expensis condemnari debet. Where damages 
   are given, the losing party should pay the costs of the victor. 2 Inst. 
   289. 
Ubi factum nullum ibi sortia nulla. Where there is no deed committed, there 
   can be no consequence. 4 Co. 43. 
Ubi jus, ibi remedium. Where there is a right, there is a remedy. 1 T. R. 
   512; Co. Litt. 197, b; 3 Bouv. Inst. n. 2411; 4 Bouv. Inst. n. 3726. 
Ubi jus incertum, ibi jus nullum. Where the law is uncertain, there is no 
   law. 
Ubi lex aliquem cogit ostendere causam, necesse est quod causa sit justa et 
   letitima. Where the law compels a man to show cause, the cause ought to 
   be just and legal.  2 Co. Inst. 269. 
Ubi lex est specialis, et ratio ejus generalis, generaliter accipienda est. 
   Where the law is special and the reason of it is general, it ought to be 
   taken as being general. 2 Co. Inst. 43. 
Ubi lex non distinguit, nec nos distinguere debemus. Where the law does not 
   distinguish, we ought not to distinguish. 7 Co. 5. 
Ubi major pars est, ibi totum. Where is the greater part, there is the 
   whole. Moor, 578. 
Ubi non adest norma legis, omnia quasi pro suspectis habenda sunt. When the 
   law fails to serve as a rule, almost everything ought to be suspected. 
   Bacon, De Aug. Sci. Aph. 25. 
Ubi non est condendi auctoritas, ibi non est parendi necessitas. Where there 
   is no authority to enforce, there is no authority to obey. Dav. 69. 
Ubi non est directa lex, standum est arbitrio judicis, vel procedendum ad 
   similia. Where there is no direct law, the opinion of the judges ought to 
   be taken, or reference made to similar cases. 
Ubi non est lex, non est transgressio quoad mundum. Where there is no law 
   there is no transgression, as it regards the world. 
ubi non est principalis non potest esse accessorius. Where there is no 
   principal there is no accessory. 4 co. 43. 
ubi nullum matrimonium ibi nullum dos. Where there is no marriage there is 
   no dower. Co. Litt. 32. 
Ubi periculum, ibi et lucrum collocatur. He at whose risk a thing is, should 
   receive the profits arising from it. 
Ubi quid generaliter conceditur, in est haec exceptio, si non aliquid sit 
   contra jus fasque. Where a thing is concealed generally, this exception 
   arises, that there shall be nothing contrary to law and right. 10 Co. 78. 
ubi quis delinquit ibi punietur. Let a man be punished when he commits the 
   offence. 6 Co. 47. 
Ubicunque est injuria, ibi damnum sequitur. Wherever there is a wrong, 
   there damages follow. 10 Co. 116. 
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam. 
   The last will of a testator is to be fulfilled according to his true 
   intention. Co. Litt. 322. 
Ultra posse non est esse, et vice versa. What is beyond possibility cannot 
   exist, and the reverse, what cannot exist is not possible. 
Una persona vix potest supplere vices duorum. One person can scarcely supply 
   the place of two. 4 co. 118. 
Universalia sunt notoria singularibus. Things universal are better known 
   than things particular. 2 Roll. R. 294. 
Universitas vel corporatio non dicitur aliquid facere nisi id sit 
   collegialiter deliberatum, etiamsi major pars id faciat. An university or 
   corporation is not said to do anything unless it be deliberated upon 
   collegiately, although the majority should do it. Dav. 48. 
Uno absurdo dato, infinita sequuntur. One absurdity being allowed, an 
   infinity follow. 1 co. 102. 
Unumquodque eodem modo quo colligatum est dissolvitur. In the same manner in 
   which a thing is bound, it is loosened. 2 Roll. Rep. 39. 
Unumquodque est id quod est principalius in ipso. That which is the 
   principal part of a thing is the thing itself. Hob. 123. 
Unumquodque dissolvatur eo modo quo colligatur. Everything is dissolved by 
   the same mode in which it is bound together. 
Usury is odious in law. 
Ut paena ad paucos, metus ad omnes perveniat. That by the punishment of a 
   few, the fear of it may affect all. 4 Inst. 63. 
Ut res magis valeat quam pereat. That the thing may rather have effect than 
   be destroyed. 
Utile per inutile non vitiatur. What is useful is not vitiated by the 
   useless. 3 Bouv. Inst. n. 2949, 3293; 2 Wheat. 221; 2 S. & R. 298; 17 S. 
   & R. 297; 6 Mass. 303. 
Valeat quantum valere potest. It shall have effect as far as it can have 
   effect. 
Vana est illa potentia quae numquam venit in actum. Vain is that power which 
   is never brought into action. 2 Co. 51. 
Vani timores sunt aestimandi, qui non cadunt in constantem virum. Vain are 
   those fears which affect not a valiant man. 7 Co. 27. 
Vendens eandem rem doubus falsarius est. It is fraudulent to sell the same 
   thing twice. Jenk. Cent. 107. See Stalionat. 
Veniae facilitas incentivum est delinquendi. Facility of pardon is an 
   incentive to crime. 3 inst. 236. 
Verba aliquid operari debent, verba cum effectu sunt accipienda. Words are 
   to be taken so as to have effect. Bacon's Max. Reg. 3, p. 47. See 1 Duer. 
   on ins. 210, 211, 216. 
Verba aequivoca ac in dubio sensu posita, intelliguntur dignori et 
   potentiori sensu. Equivocal words and those in a doubtful sense are to be 
   taken in their best and most effective sense. 6 Co. 20. 
Verba currentis monetae, tempus solutionis designat. The words current 
   money, refer to the time of payment. Dav. 20. 
Verba dicta de persona, intelligi debent de conditione personae. Words 
   spoken of the person are to be understood of the condition of the person. 
   2 Roll. R. 72. 
Verba fortius accipientur contra proferentum. Words are to be taken most 
   strongly against him who uses them. Bacon's Max. REg. 3; 1 Bouv. Inst. n. 
   661. 
Verba generalia generaliter sunt intelligenda. General words are to be 
   generally understood. 3 Co. Inst. 76. 
Verba ganeralia restringuntur ad habilitatem rei vel personae. General words 
   must be confined or restrained to the nature of the subject or the 
   aptitude of the person. Bacon's max. Reg. 10. 
Verba intentioni, non e contra, debent inservire. Words ought to be made 
   subservient to the intent, not contrary to it. 8 Co. 94. 
Verba ita sunt intelligenda, ut res magis valeat quam pereat. Words are to 
   be so understood that the subject-matter may be preserved rather than 
   destroyed. Bacon's Max. in Reg. 3. 
Verba nihil operandi melius est quam absurde. It is better that words should 
   have no operation, than to operate absurdly. 
Verba posteriora propter certitudinem addita, ad priora quae certitudine 
   indigent, sunt referenda. Words added for the purpose of certainty are to 
   be referred to preceding words, in which certainty is wanting. 
Verga relata hac maximi operantur per referentiam ut in eis in esse 
   videntur. Words referred to other words operate chiefly by the reference 
   which appears to be implied towards them. Co. Litt. 359. 
Veredictum, quasi dictum veritas; ut judicium quasi juris dictum. A verdict 
   is, as it were, the saying of the truth, in the same manner that a 
   judgment is the saying of the law. Co. Litt. 226. 
Veritas demonstrationis tollit errorem nominis. The truth of the 
   demonstration removes the error of the name. Ld. Raym. 303. See Legatee. 
Veritas nihil veretur nisi abscondi. Truth fears nothing but concealment. 9 
   co. 20. 
Veritas nimium altercando amittitur. By too much altercation truth is lost. 
   Hob. 344. 
Veritatem qui non libere pronunciat, proditor est veritatis. He who does not 
   speak the truth, is a traitor to the truth. 
Vicarius non habet vicaruim. A deputy cannot appoint a deputy. Branch's max. 
   38; Broom's max. 384; 2 Bouv. Inst. n. 1300. 
Vigilantibus et non dormientibus serviunt leges. The laws serve the 
   vigilant, not those who sleep upon their rights. 2 Bouv. Inst. n. 2327. 
   See Laches. 
Viperina est expositio quae corrodit viscera textus. That is a viperous 
   exposition which gnaws or eats out the bowels of the text. 11 Co. 34. 
Vir et uxor consentur in lege una persona. Husband and wife are considered 
   one person in law. Co. Litt. 112. 
Vis legibus est inimica. Force is inimical to the laws. 3 Co. inst. 176. 
Vitium clerici nocere non debet. Clerical errors ought not to hurt. 
Voluit sed non dixit. he willed but did not say. 
Voluntas testatoris ambulatoria est usque ad mortem. The will of a testator 
   is ambulatory until his death; that is, he may change it at any time. See 
   1 Bouv. inst. n. 83. 
Voluntas in delictis non exitus spectatur. In offences, the will and not the 
   consequences are to be looked to. 2 Co. inst. 27. 
Voluntas reputabatur pro facto. The will is to be taken for the deed. 3 Co. 
   Inst. 69. 
Volunti non fit injuria. He who consents cannot receive an injury. 2 Bouv. 
   Inst. n. 2279, 2327; 4 T. R. 657; Shelf. on mar. & Div. 449. 
What a man cannot transfer, he cannot bind by articles. 
When the common law and statute law concur, the common law is to be 
   preferred. 4 Co. 71. 
When many join in one act, the law says it is the act of him who could best 
   do it; and things should be done by him who has the best skill. Noy's 
   Max. h.t. 
When the law presumes the affirmative, the negative is to be proved. 1 Roll. 
   R. 83; 3 Bouv. Inst. n. 3063, 3090. 
When no time is limited, the law appoints the most convenient. 
When the law gives anything, it gives a remedy for the same. 
When the foundation fails, all fails. 
Where two rights concur, the more ancient shall be preferred. 
Where there is equal equity, the law must prevail. 4 Bouv. Inst. n. 3727. 

     Vide, generally, Dig. 50, 17; 1 Ayl. Pand. b. 1, t. 6; Merl. Repert. 
Regles de Droit; Pow. Mint. Index, h.t.; Dane's Ab. Index, h.t.; Woodes. 
Lect. lxxi. note; and collections of Bacon, Noy, Francis, Branch and Heath; 
Duval, Le Droit dans ses Maximes. 

MAY To be permitted; to be at liberty; to have the power. 
     2. Whenever a statute directs the doing of a thing for the sake of 
justice or the public good, the word may is the same as shall. For example, 
the 23 H. VI. says, the sheriff may take bail, that is construed he shall, 
for he is compellable to do so. Carth. 293 Salk. 609; Skin. 370. 
     3. The words shall and may in general acts of the legislature or in 
private constitutions, are to be construed imperatively; 3. Atk. 166; but 
the construction of those words in a deed depends on circumstances. 3 Atk. 
282. See 1 Vern. 152, case. 142 9 Porter, R. 390. 

MAYHEM, crimes. The act of unlawfully and violently depriving another of the 
use of such of his members as may render him less able in fighting either to 
defend himself or annoy his adversary; and therefore the cutting or 
disabling, or weakening a man's hand or finger, or striking out his eye or 
foretooth, or depriving him of those parts the loss of which abates his 
courage, are held to be mayhems. But cutting off the ear or nose or the 
like, are not held to be mayhems at common law. 4 Bl. Com. 205. 
     2. These and other severe personal injuries are punished by the 
Coventry act, (q.v.) which has been re-enacted in several of the states; 
Ryan's Med. Jurispr. 191, Phil. ed. 1832; and by congress. Vide act of 
April 30, 1790, s. 13, 1 Story's Laws U. S. 85; act of March 3, 1825, s. 22, 
3 Story's L. U. S. 2006. 

MAYHEMAVIT. Maimed. This is a term of art which cannot be supplied in 
pleadings by any other word; as, mutilavit, truncavit, &c. 3 Tho. Co. Litt. 
548. 

MAYOR, officer. The chief or executive magistrate of a city who bears this 
title. 
     2. It is generally his duty to cause the laws of the city to be 
enforced, and to superintend inferior officers, such as constables, watchmen 
and the like. But the power and authority which mayors possess being given 
to them by local regulations, vary in different places. 

MAYOR'S COURT. The name of a court usually established in cities, composed 
of a mayor, recorder and aldermen, generally having jurisdiction of offences 
committed within the city, and of other matters specially given them by the 
statute. 

MEASURE. That which is used as a rule to determine a quantity. A certain 
quantity of something, taken for a unit, and which expresses a relation with 
other quantities of the same thing. 
     2. The constitution of the United States gives power to congress to 
"fix the standard of weights and measures." Art. 1, B. 8. Hitherto this has 
remained as a dormant power, though frequently brought before the attention 
of congress. 
     3. The states, it seems, possess the power to legislate on this 
subject, or, at least, the existing standards at the adoption of the 
constitution remain in full force. 3 Sto. Const. 21; Rawle on the Const. 
102. 
     4. By a resolution of congress, of the 14th of June, 1836, the 
secretary of the treasury is directed to cause a complete set of all weights 
and measures adopted as standards, and now either made or in the progress of 
manufacture, for the use of the several custom-houses and for other 
purposes, to be delivered to the governor of each state in the Union, or to 
such person as he may appoint, for the use of the states respectively, to 
the end that an uniform standard of weights and measures may be established 
throughout the United States. 
     5. Measures are either, 1. Of length. 2. Of surface. 3. Of solidity or 
capacity. 4. Of force or gravity, or what is commonly called weight. (q.v.) 
5. Of angles. 6. Of time. The measures now used in the United States, are 
the same as those of England, and are as follows 

                           1. MEASURES OF LENGTH.

                  12 inches = 1 foot
                     3 feet = 1 yard
                5 1/2 yards = 1 rod or pole
                   40 poles = 1 furlong
                 8 furlongs = 1 mile 
              69 1/15 miles = 1 degree of a great circle of the earth

     An inch is the smallest lineal measure to which a name is given, but 
subdivisions are used for many purposes. Among mechanics, the inch is 
commonly divided into eighths. By the officers of the revenue and by 
scientific persons, it is divided into tenths, hundredths, &c. Formerly it 
was made to consist of twelve parts called lines, but these have fallen into 
disuse. 

                       Particular measures of length.

     1st. Used for measuring cloth of all kinds. 
        1 nail = 2 1/4 inches
     1 quarter = 4 inches 
        1 yard = 4 quarters
         1 ell = 5 quarters
 
     2d. used for the height of horses.
        1 hand = 4 inches

   3d. Used in measuring depths.
      1 fathom = 6 feet
 
     4th. Used in land measure, to facilitate computation of the contents, 
10 square chains being equal to an acre. 
 
        1 link = 7 92/100 inches
       1 chain = 100 links

                        6.-2. MEASURES OF SURFACE.

            144 square inches = 1 square foot
                9 square feet = 1 square yard
          30 1/4 square yards = 1 perch or rod
                   40 perches = 1 rood
       4 roods or 160 perches = 1 acre
                    640 acres = 1 square mile

                 7.-3. MEASURES OF SOLIDITY AND CAPACITY.

  1st. Measures of solidity.

  1728 cubic inches = 1 cubic foot
      27 cubic feet = 1 cubic yard.

     2d. Measures of capacity for all liquids, and for all goods, not 
liquid, except such as are comprised in the next division. 

      4 gills = 1 pint = 34 2/3 cubic inches nearly.
      2 pints = 1 quart = 691/2         "       "
     4 quarts = 1 gallon = 277 1/4      "       "
    2 gallons = 1 peck = 554 1/2        "       "
     8 gallons= 1 bushel = 2218 1/2     "       "
    8 bushels = 1 quarter = 10 1/4 cubic feet   "
   5 quarters = 1 load = 51 1/2         "       "
 
     The last four denominations are used only for goods, not liquids. For 
liquids, several denominations have heretofore been adopted, namely, for 
beer, the firkin of 9 gallons, the kilderkin of 18, the barrel of 36, the 
hogshead of 54; and the butt of 108 gallons. For wine or spirits there are 
the anker, runlet, tierce, hogshead, puncheon, pipe, butt, and tun; these 
are, however, rather the names of the casks, in which the commodities are 
imported, than as express any definite number of gallons. It is the practice 
to gauge all such vessels, and to charge them according to their actual 
contents. 

     3d. Measures of capacity, for coal, lime, potatoes, fruit, and other 
commodities, sold by heaped measure. 
   2 gallons = 1 peck     = 704 cubic in. nearly.
   8 gallons = 1 bushel   = 28151/2  "     "
   3 bushels = 1 sack     = 41 cubic feet  "
     12 sacks= 1 chaldron = 58 2/3   "     "

     8.-4. MEASURES OF WEIGHTS. See art. Weights.

     9.-5., ANGULAR MEASURE; or, DIVISION OF THE CIRCLE.
               60 seconds = 1 minute
               60 minutes = 1 degree
               30 degrees = 1 sign 
               90 degrees = 1 quadrant
 360 degrees, or 12 signs = 1 circumference.

 Formerly the subdivisions were carried on by sities; thus, the
second was divided into 60 thirds, the third into sixty fourths,
&c. At present, the second is more generally divided decimally into
tens, hundreds, &c. The degree is frequently so divided.

or                       10.-6. MEASURE OF TIME.

              60 seconds = 1 minute
              60 minutes = 1 hour
                24 hours = 1 day
                  7 days = 1 week
     28 days, or 4 weeks = 1 lunar month
  28, 29, 30, or 31 days = 1 calendar month
      12 calendar months = 1 year
                365 days = 1 common year
                 366 day = 1 leap year.

     The second of time is subdivided like that of angular measure. 

                              FRENCH MEASURES.

    11. As the French system of weights and measures is the most scientific 
plan known, and as the commercial connexions of the United States with 
France are daily increasing, it has been thought proper here to give a short 
account of that system. 
    12. The fundamental, invariable, and standard measure, by which all 
weights and measures are formed, is called the metre, a word derived from 
the Greek, which signifies measure. It is a lineal measure, and is equal to 
3 feet, 0 inches, 44/1000, Paris measure, or 3 feet, 3 inches, 370/1000  
English. This unit is divided into ten parts; each tenth, into ten 
hundredths; each hundredth, into ten thousandths, &c. These divisions, as 
well as those of all other measures, are infinite. As the standard is to be 
invariable, something has been sought, from which to make it, which is not 
variable or subject to any change. The fundamental base of the metre is the 
quarter of the terrestrial meridian, or the distance from the pole to the 
equator, which has been divided into ten millions of equal parts, one of 
which is the length of the metre. All the other measures are formed from the 
metre, as follows: 

                          2. MEASURE OF CAPACITY.

    13. The litre. This is the decimetre; or one-tenth part of the cubic 
metre; that is, if a vase is made of a cubic form, of a decimetre every way, 
it would be of the capacity of a litre. This is divided by tenths, as the 
metre. The measures which amount. to more than a single, litre, are counted 
by tens hundreds, thousands, &c., of litres. 

                          3. MEASURES OF WEIGHTS.

    14. The gramme. This is the weight of a cubic centimetre of distilled 
water, at the temperature of zero; that is, if a vase be made of a cubic 
form, of a hundredth part of a metre every way, and it be filled with 
distilled water, the weight of that water will be that of the gramme. 

                          4. MEASURES OF SURFACES.

  15. The arc, used in surveying. This is a square, the sides of which are 
of the length of ten metres, or what is equal to one hundred square metres. 
Its divisions are the same as in the preceding measures. 

                          5. MEASURES OF SOLIDITY.

    16. The stere, used in measuring firewood. It is a cubic metre. Its 
subdivisions are similar to the preceding. The term is used only for 
measuring firewood. For the measure of other things, the term cube metre, or 
cubic metre is used, or the tenth, hundredth, &c., of such a cube. 

                                 6. MONEY.

    17. The franc. It weighs five grammes. it is made of nine-tenths of 
silver, and one-tenth of copper. Its tenth part is called a decime, and its 
hundredth part a centime. 
    18. One measure being thus made the standard of all the rest, they must 
be all equally invariable; but, in order to make this certainty perfectly 
sure, the following precautions have been adopted. As the temperature was 
found to have an influence on bodies, the term zero, or melting ice, has 
been selected in making the models or standard of the metre. Distilled water 
has been chosen to make the standard of the gramme, as being purer, and less 
encumbered with foreign matter than common water. The temperature having 
also an influence on a determinate volume of water, that with which the 
experiments were made, was of the temperature of zero, or melting ice. The 
air, more or less charged with humidity, causes the weight of bodies to 
vary, the models which represent the weight of the gramme, have, therefore, 
been taken in a vacuum. 
    19. It has already been stated, that the divisions of these measures are 
all uniform, namely by tens, or decimal fractions, they may therefore be 
written as such. Instead of writing, 

  1 metre and 1 tenth of a metre, we may write, 1 m. 1.
  2 metre and 8 tenths, 2 m. 8.
 10 metre and 4 hundredths, 10 m. 04.
  7 litres, 1 tenth, and 2 hundredths, 7 lit. 12, &c.

    20. Names have been given to, each of these divisions of the principal 
unit but these names always indicate the value of the fraction, and the unit 
from which it is derived. To the name of the unit have been prefixed the 
particles deci, for tenth, centi, for hundredth, and milli, for thousandth. 
They are thus expressed, a decimetre, a decilitre, a decigramme, a 
decistere, a deciare, a centimetre, a centilitre, a centigramme, &c. The 
facility with which the divisions of the unit are reduced to the same 
expression, is very apparent; this cannot be done with any other kind of 
measures. 
    21. As it may sometimes be necessary to express great quantities of 
units, collections have been made of them in tens, hundreds, thousands, tens 
of thousands, &c., to which names, derived from the Greek, have been given; 
namely, deca, for tens hecto, for hundreds; kilo, for thousands and myria, 
for tens of thousands; they are thus expressed; a decametre, a decalitre, 
&c.; a hectometre, a hectogramme, &c.; a kilometre, a kilogramme, &c. 
    22. The following table will facilitate the reduction of these weights 
and measures into our own. 
 The Metre, is 3.28 feet, or 39.871 in.
     Are, is 1076.441 square feet.
     Litre, is 61.028 cubic inch
     Stere, is 35.317 cubic feet.
     Gramme, is 15.4441 grains troy, or 5.6481 drams, averdupois.

MEASURE OF DAMAGES, prac. Those principles or rules of law which control a 
jury in adjusting or proportioning the damages, in certain cases. 1 Bouv. 
Inst. n. 636. 

MEAN. This word is sometimes used for mesne. (q.v.)

MEASON-DUE. A corruption of Maison de Dieu. (q.v.)

MEDIATE, POWERS. Those incident to primary powers, given by a principal to 
his agent. For example, the general authority given to collect, receive and 
pay debts due by or to the principal is a primary power. In order to 
accomplish this it is frequently required to settle accounts, adjust 
disputed claims, resist those which are unjust, and answer and defend suits; 
these subordinate powers are sometimes called mediate powers. Story, Ag. 
Sec. 58. See Primary powers, and 1 Camp. R. 43, note 4 Camp. R. 163; 6 S. & 
R. 149. 

MEDIATION. The act of some mutual friend of two contending parties, who 
brings them to agree, compromise or settle their disputes. Vattel, Droit des 
Gens, liv. 2, eh. 18, Sec. 328. 

MEDIATOR. One who interposes between two contending parties, with their 
consent, for the purpose of assisting them in settling their differences. 
Sometimes this term is applied to an officer who is appointed by a sovereign 
nation to promote the settlement of disputes between two other nations. Vide 
Minister; Mediator. 

MEDICAL JURISPRUDENCE. That science which applies the principles and 
practice of the different branches of medicine to the elucidation of 
doubtful questions in courts of justice. By some authors, it is used in a 
more extensive sense and also comprehends Medical Police, or those medical 
precepts which may prove useful to the legislature or the magistracy. Some 
authors, instead of using the phrase medical jurisprudence, employ, to 
convey the same idea, those of legal medicine, forensic medicine, or, as the 
Germans have it, state medicine. 
     2. The best American writers on this subject are Doctors T. R. Beck and 
J. B. Beck, Elements of Medical Jurisprudence; Doctor Thomas Cooper; Doctor 
James S. Stringham, who was the first individual to deliver a course of 
lectures on medical jurisprudence, in this country; Doctor Charles Caldwell. 
Among the British writers may be enumerated Doctor John Gordon Smith; Doctor 
Male; Doctor Paris and Mr. Fonblanque, who published a joint work; Mr. 
Chitty, and Dr. Ryan. The French writers are numerous; Briand, Biessy, 
Esquirol, Georget, Falret, Trebuchet, Mare, and others, have written 
treatises or published papers on this subject; the learned Fodere published 
a work entitled "Les Lois eclairees par les sciences physiques ou Traite de 
Medecine Legale et d'hygiene publique;" the "Annale d'hygiene et de Medecine 
Legale," is one of the most valued works on this subject. Among the Germans 
may be found Rose's Manual on Medico Legal Dissection; Metzger's Principles 
of Legal Medicine, and others. The reader is referred for a list of authors 
and their works on Medical Jurisprudence, to Dupin, Profession d'Avocat, 
tom. ii., p. 343, art. 1617 to 1636, bis. For a history of the rise and 
progress of Medical Jurisprudence, see Traill, Med. Jur. 13. 

MEDICINE CHEST. A box containing an assortment of medicines.
     2. The act of congress for the government and regulation of seamen in 
the merchant service, sect. 8, 1 Story's L. U. S. 106, directs that every 
ship or vessel, belonging to a citizen or citizens of the United States, of 
the burthen of one hundred and fifty tons or upwards, navigated by ten or 
more persons in the whole, and bound on a voyage without the limits of the 
United States, shall be provided with a chest of medicines, put up by some 
apothecary of known reputation, and accompanied by directions for 
administering the same; and the said medicines shall be examined by the same 
or some other apothecary, once, at least, in every year, and supplied with 
fresh medicines in the place of such as shall have been used or spoiled; and 
in default of having such medicine chest so provided, and kept fit for use, 
the master or commander of such ship or vessel shall provide and pay for all 
such advice, medicine, or attendance of physicians, as any of the crew shall 
stand in need of in case of sickness, at every port or place where the ship 
or vessel may touch or trade at during the voyage, without any deduction 
from the wages of such sick seaman or mariner. 
     3. And by the act to amend the above mentioned act, approved March 2, 
1805, 2 Story's Laws U. S. 971, it is provided that all the provisions, 
regulations, and penalties, which are contained in the eighth section of the 
act, entitled "An act for the, government and regulation of seamen in the 
merchants' service," so far as relates to a chest of medicines to be 
provided for vessels of one hundred and fifty tons burthen and upwards, 
shall be extended to all merchant vessels of the burthen of seventy-five 
tons or upwards, navigated with six persons, or more, in the whole, and 
bound from the United States to any port or ports in the West Indies. 

MEDIETAS LINGUAE. Half tongue. This expression was used to signify that a 
jury for the trial of a foreigner or alien for a crime, was to be composed 
one half of natives and the other of foreigners. The jury de medietate 
linguae is used in but a few if any of the United States. Dane's Ab. vol. 6, 
c. 182, a, 4, n. 1. Vide 2 Johns. R. 381; 1 Chit. Cr. Law, 525; Bac. Ab. 
Juries, E 8. 

MELANCHOLIA, med. jur. A name given by the ancients to a species of partial 
intellectual mania, now more generally known by the name of monomania. 
(q.v.) It bore this name because it was supposed to be always attended by 
dejection of mind and gloomy ideas. Vide Mania., 

MELIORATIONS, Scotch law. Improvements of an estate, other than mere 
repairs; betterments. (q.v.) 1 Bell's Com. 73. 

MELIUS INQUIRENDUM VEL INQUIRENDO. English practice. A writ which in certain 
cases issues after an imperfect inquisition returned on a capias utlugatum 
in outlawry. This melius inquirendum commands the sheriff to summon another 
inquest in order that the value, &c., of lands, &c., may be better or more 
correctly ascertained. Its use is rare. 

MEMBER. This word has various significations: 1. The limits of the body 
useful in self-defence. Membrum est pars corporis habens destinatum 
operationem in corpore. Co. Litt. 126 a. See Limbs. 
     2.-2. An individual who belongs to a firm, partnership, company or 
corporation. Vide Corporation; Partnership. 
     3.-3. One who belongs to a legislative body, or other branch of the 
government; as, a member of the house of representatives; a member of the 
court. 

MEMBER OF CONGRESS. A member of the senate or house of representatives of 
the United States. 
     2. During the session of congress they are privileged from arrest, 
except for treason, felony, or breach of the peace; they receive a 
compensation of eight dollars per day while in session, besides mileage.
(q.v.) 
     3. They are authorized to frank letters and receive them free of 
postage for sixty days before, during, and for sixty days after the session. 
     4. They are prohibited from entering into any contracts with the United 
States, directly or indirectly, in whole or in part for themselves and 
others, under the penalty of three thousand dollars. Act of April 21, 1808, 
2 Story's L. U. S. 1091. Vide Congress; Frank. 

MEMBERS, English law. Places where a custom-house has been kept of old time, 
with officers or deputies in attendance; and they are lawful places of 
exportation or importation. 1 Chit. Com. L. 726. 

MEMORANDUM. Literally, to be remembered. It is an informal instrument 
recording some fact or agreement, so called from its beginning, when it was 
made in Latin. It is sometimes commenced with this word, though written in 
English; as "Memorandum, that it is agreed," or it is headed with the words, 
"Be it remembered that," &c. The term memorandum is also applied to the 
clause of an instrument. 

MEMORANDUM, insurance. A clause in a policy limiting the liability of the 
insurer. Its usual form is as follows, namely, "N. B. Corn, fish, salt, 
fruit, flour and seed, are warranted free from average, unless general, or 
the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are 
warranted free from average, under five percent; and all other goods, also 
the ship and freight, are warranted free from average, under three percent 
unless general, or the ship be stranded." Marsh. Ins.223; 5 N. S. 293; Id. 
540; 4 N. S. 640; 2 L. R. 433; Id. 435. 

MEMORANDUM OR NOTE. These words are use in the 4th section of the statute 29 
Charles II., c. 3, commonly called the statute of frauds and perjuries, 
which enact, that "no action shall be brought whereby to charge any person 
upon any agreement made upon consideration of marriage, or upon any contract 
or sale of lands, tenements, or hereditaments, or any interest in or 
concerning them, unless the agreement upon which such action shall he 
brought, or some memorandum or note thereof, Shall be in writing," &c. 
     2. Many cases have arisen out of the words of this part of the statute; 
the general rule seems to be that the contract must be stated with 
reasonable certainty in the memorandum or note so that it can be understood 
from the writing itself, without having recourse to parol proof. 3 John., R. 
399; 2 Kent, Com. 402; Cruise, Dig. t. 32, c. 3, s. 18. See 1 N. R. 252; 3 
Taunt. 169; 15 East, 103; 2 M. & R. 222; 8 M. & W. 834 6 M. & W. 109. 

MEMORANDUM CHECK. It is not unusual among merchants, when one makes a 
temporary loan from another, to give the lender a check on a bank, with the 
express or implied agreement that it shall be redeemed by the maker himself, 
and that it shall not be presented at the bank for payment. If passed to a 
third person, it will be valid in his hands, like any other check. 11 Paige, 
R. 612. 

MEMORIAL. A petition or representation made by one or more individuals to a 
legislative or other body. When such instrument is addressed to a court, it 
is called a petition. 

MEMORY. Understanding; a capacity to make contracts, a will, or to commit a 
crime, so far as intention is necessary. 
     2. Memory is sometimes employed to express the capacity of the 
understanding, and sometimes its power; when we speak of a retentive memory, 
we use it in the former sense; when of a ready memory, in the latter. Shelf. 
on Lun. Intr. 29, 30. 
     3. Memory, in another sense, is the reputation, good or bad, which a 
man leaves at his death. This memory, when good, is highly prized by the 
relations of the deceased, and it is therefore libelous to throw a shade 
over the memory of the dead, when the writing has a tendency to create a 
breach of the peace, by inciting the friends and relations of the deceased 
to avenge the insult offered to the family. 4 T. R. 126; 5 Co. R. 125; Hawk. 
b. 1, c. 73, s. 1. 

MEMORY, TIME OF. According to the English common law, which has been altered 
by 2 & 3 Wm. IV., c. 71, the time of memory commenced from the reign of 
Richard the First, A. D. 1189. 2 Bl. Com. 31. 
     2. But proof of a regular usage for twenty years, not explained or 
contradicted, is evidence upon which many public and private rights are 
held, and sufficient for a jury in finding the existence of an immemorial 
custom or prescription. 2 Saund. 175, a, d; Peake's Ev. 336; 2 Price's R. 
450; 4 Price's R. 198. 

MENACE. A threat; a declaration of an intention to cause evil to happen to 
another. 
     2. When menaces to do an injury to another have been made, the party 
making them may, in general, be held to bail to keep the peace; and, when 
followed by any inconvenience or loss, the injured party has a civil action 
against the wrong doer. Com. Dig. Battery, D; Vin. Ab. h.t.; Bac. Ab. 
Assault; Co. Litt. 161 a, 162 b, 253 b; 2 Lutw. 1428. Vide Threat. 

MENIAL. This term is applied to servants who live under their master's roof 
Vide stat. 2 H. IV., c. 21. 

MENSA. This comprehends all goods and necessaries for livelihood. Obsolete.  

MENSA ET THORO. The phrase a mensa et thoro is applied to a divorce which 
separates the husband and wife but does not dissolve the marriage. Vide 
Divorce. 

MERCHANDISE. By this term is understood all those things which merchants 
sell either wholesale or retail, as dry goods, hardware, groceries, drugs, 
&c. It is usually applied to personal chattels only, and to those which are 
not required for food or immediate support, but such as remain after having 
been used or which are used only by a slow consumption. Vide Pardess. n. 8;  
Dig. 13, 3, 1; Id. 19, 4, 1; Id. 50, 16, 66. 8 Pet. 277; 2 Story, R. 16, 53, 
54; 6 Wend. 335. 

MERCHANT. One whose business it is to buy and sell merchandise; this applies 
to all persons who habitually trade in merchandise. 1 Watts & S. 469; 2 
Salk. 445. 
     2. In another sense, it signifies a person who owns ships, and trades, 
by means of them, with foreign nations, or with the different States of the 
United States; these are known by the name of shipping merchants. Com. Dig. 
Merchant, A; Dyer, R. 279 b; Bac. Ab. h.t. 
     3. According to an old authority, there are four species of merchants, 
namely, merchant adventurers, merchant dormant, merchant travellers, and 
merchant residents. 2 Brownl. 99. Vide, generally, 9 Salk. R. 445; Bac. Ab. 
h.t.; Com. Dig. h.t.; 1 Bl. Com. 75, 260; 1 Pard. Dr. Com. n. 78 

MERCHANTMAN. A ship or vessel employed in a merchant's service. This term is 
used in opposition to a ship of war. 

MERCHANTS' ACCOUNTS. In the statute of limitations, 21 Jac. 1. c. 16, there 
is an exception which has been copied in the acts of the legislatures of a 
number of the States, that its provisions shall not apply to such accounts 
as concern trade and merchandise between merchant and merchant, their 
factors or servants. 
     2. This exception, it has been holden, applies to actions of assumpsit 
as well as to actions of account. 5 Cranch, 15. But to bring a case within 
the exception, there must be an account, and that account open and current, 
and it must concern trade. 12 Pet. 300. See 6 Pet. 151; 5 Mason, R. 505; 
Bac. Ab. Limitation of Actions, E 3; and article Limitation. 

MERCY, Practice. To be in mercy, signifies to be liable to punishment at the 
discretion of the judge. 

MERCY, crim. law. The total or partial remission of a punishment to which a 
convict is subject. When the whole punishment is remitted, it is called a 
pardon; (q.v.) when only a part of the punishment is remitted, it is 
frequently a conditional pardon; or before sentence, it is called clemency 
or mercy. Vide Rutherf. Inst. 224; 1 Kent, Com. 265; 3 Story, Const. Sec. 
1488. 

MERE. This is the French word for mother. It is frequently used as, in 
ventre sa mere, which signifies; a child unborn, or in the womb. 

MERGER. Where a greater and lesser thing meet, and the latter loses its 
separate existence and sinks into the former. It is applied to estates, 
rights, crimes, and torts. 

MERGER, estates. When a greater estate and less coincide and meet in one and 
the same person, without any intermediate estate, the less is immediately 
merged, that is, sunk or drowned in the latter; example, if there be a 
tenant for years, and the reversion in fee simple descends to, or is 
purchased by him, the term of years is merged in the inheritance, and no 
longer exists; but they must be to one and the same person, at one and the 
same time, in one and the same right. 2 BL Com. 177; 3 Mass. Rep. 172; 
Latch, 153; Poph. 166; 1 John. Ch. R. 417; 3 John. Ch. R. 53; 6 Madd. Ch. R. 
119. 
     2. The estate in which the merger takes place, is not enlarged by the 
accession of the preceding estate; and the greater, or only subsisting 
estate, continues, after the merger, precisely of the same quantity and 
extent of ownership, as it was before the accession of the estate which is 
merged, and the lesser estate is extinguished. Prest. on Conv. 7. As a 
general rule, equal estates will not drown in each other. 
     3. The merger is produced, either from the meeting of an estate of 
higher degree, with an estate of inferior degree; or from the meeting of the 
particular estate and the immediate reversion, in the same person. 4 Kent, 
Com. 98. Vide 3 Prest. on Conv. which is devoted to this subject. Vide, 
generally, Bac. Ab. Leases, &c. R; 15 Vin. Ab. 361; Dane's Ab. Index, h.t.; 
10 Verm. R. 293;; 8 Watts, R. 146; Co. Litt. 338 b, note 4; Hill. Ab. Index, 
h.t.; Bouv. Inst; Index, h.t.; and Confusion; Consolidation; Unity of 
Possession. 

MERGER, crim. law. When a man commits a great crime which includes a lesser, 
the latter is merged in the former. 
     2. Murder, when committed by blows, necessarily includes an assault and 
battery; a battery, an assault; a burglary, when accompanied with a 
felonious taking of personal property, a larceny in all these, and similar 
cases, the lesser crime is merged in the greater. 
     3. But when one offence is of the same character with the other, there 
is no merger; as in the case of a conspiracy to commit a misdemeanor, and 
the misdemeanor is afterwards committed in pursuance of the conspiracy. The 
two crimes being of equal degree, there can be no legal merger. 4 Wend. R. 
265. Vide Civil Remedy. 

MERGER, 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. 
     2. When there is a confusion of rights, and the debtor and creditor 
become the same person, there can be no right to put in execution; but there 
is an immediate merger. 2 Ves. jr. 264. Example: a man becomes indebted to a 
woman in a sum of money, and afterwards marries her, there is immediately a 
confusion of rights, and the debt is merged or extinguished. 

MERGER, torts. 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 felon's conviction. 
     2. The old maxim that a trespass is merged in a felony, has sometimes 
been supposed to mean that there is no redress by civil action for an injury 
which amounts to a felony. But it is now established that the defendant is 
liable to the party injured either after his conviction; Latch, 144; Noy, 
82; W. Jones, 147; Sty. 346; 1 Mod. 282; 1 Hale, P. C. 546; or acquittal. 12 
East, R. 409; 1 Tayl. R. 58; 2 Hayw. 108. If the civil action be commenced 
before, the plaintiff will be nonsuited. Yelv. 90, a, n. See Hamm. N. P. 63; 
Kely. 48; Cas. Tempt. Hardw. 350; Lofft. 88; 2 T.R. 750; 3 Greenl. R. 458. 
Butler, J., says, this doctrine is not extended beyond actions of trespass 
or tort. 4 T. R. 333. See also 1 H. Bl. 583, 588, 594; 15 Mass. R. 78; Id. 
336. Vide Civil Remedy; Injury. 
     3. The Revised Statutes of New York, part 3, c. 4, t. 1, s. 2, direct 
that the right of action of any person injured by any felony, shall not, in 
any case, be merged in such felony, or be in any manner affected thereby. In 
Kentucky, Pr. Dec. 203, and New Hampshire, 6 N. H. Rep. 454, the owner of 
stolen goods, may immediately. pursue his civil remedy. See, generally, 
Minor, 8; 1 Stew. R. 70; 15 Mass. 336; Coxe, 115; 4 Ham. 376; 4 N. Hanp. 
Rep. 239; 1 Miles, R. 212; 6 Rand. 223; 1 Const. R. 231; 2 Root, 90. 

MERITS. This word is used principally in matters of defence.
     2. A defence upon the merits, is one that rests upon the justice of the 
cause, and not upon technical grounds only; there is, therefore, a 
difference between a good defence, which may be technical or not, and a 
defence on the merits. 5 B. & Ald. 703 1 Ashm. R. 4; 5 John. R. 536; Id. 
360; 3 John. R. 245 Id. 449; 6 John. R. 131; 4 John. R. 486; 2 Cowen, R. 
281; 7 Cowen, R. 514; 6 Wend. R. 511; 6 Cowen, R. 895. 

MERTON, STATUTE OF. A statute so called, because the parliament or rather 
council, which enacted it, sat at Merton, in Surrey. It was made the 20 Hen. 
III. A. D. 1236. See Barr. an the Stat. 41. 

MESCROYANT. Used in our ancient books. An unbeliever. Vide Infidel. 

MESE. An ancient word used to signify house, probably from the French 
maison; it is said that by this word the buildings, curtilage, orchards and 
gardens will pass. Co. Litt. 56. 

MESNE. The middle between two extremes, that part between the commencement 
and the end, as it relates to time. 
     2. Hence the profits which a man receives between disseisin and 
recovery of lands are called mesne profits. (q.v.) Process which is issued 
in a suit between the original and final process, is called mesne process. 
(q.v.) 
     3. 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. 

MESNE PROCESS. Any process issued between original and final process; that 
is, between the original writ and the execution. See Process, mesne. 

MESNE PROFITS, torts, remedies. The value of the premises, recovered in 
ejectment, during the time that the lessor of the plaintiff has been 
illegally kept out of the possession of his estate by the defendant; such 
are properly recovered by an action of trespass, quare clausum fregit, after 
a recovery in ejectment. 11 Serg. & Rawle, 55; Bac. Ab. Ejectment, H; 3 Bl. 
Com. 205. 
     2. As a general rule, the plaintiff is entitled to recover for such 
time as be can prove the defendant to have been in possession, provided he 
does not go back beyond six years, for in that case, the defendant may plead 
the statute of limitations. 3 Yeates' R, 13; B. N. P. 88. 
     3. The value of improvements made by the defendant, may be set off 
against a claim for mesne profits, but profits before the demise laid, 
should be first deducted from the value of the improvement's. 2 W. C. C. R. 
165. Vide, generally, Bac. Ab. Ejectment, H; Woodf. L. & T. ch. 14, s. 3; 2 
Sell. Pr. 140; Fonb. Eq. Index, h.t.; Com. L & T. Index, h.t.; 2 Phil. Ev. 
208; Adams on Ej. ch. 13; Dane's Ab. Index, h.t.; Pow. Mortg. Index, h.t.; 
Bouv. Inst. Index, h.t. 

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. F. N. B. 316. 

MESSENGER. A person appointed to perform certain duties, generally of a 
ministerial character. 
     2. In England, a messenger appointed under the bankrupt laws, is an 
officer who is authorized to execute the lawful commands of commissioners of 
bankrupts. 

MESSUAGE, property. This word is synonymous with dwelling-house; and a grant 
of a messuage with the appurtenances, will not only pass a house, but all 
the buildings attached or belonging to it, as also its curtilage, garden and 
orchard, together with the close on which the house is built. 1 Inst. 5, b.; 
2 Saund. 400; Ham. N. P. 189; 4 Cruise, 321; 2 T. R. 502; 1 Tho. Co. Litt. 
215, note 35; 4 Blackf. 331. But see the cases cited in 9 B. & Cress. 681; 
S. C. 17 Eng. Com. L. R. 472. This term, it is said, includes a church. 11 
Co. 26; 2 Esp. N. P. 528; 1 Salk. 256; 8 B. & Cress. 25; S. C. 15 Eng. Com. 
L. Rep. 151. Et vide 3 Wils. 141; 2 Bl. Rep. 726; 4 M. & W. 567; 2 Bing. N. 
C. 617; 1 Saund. 6. 

METHOD. The mode of operating or the means of attaining an object. 
     2. It has been questioned whether the method of making a thing can be 
patented. But it has been considered that a method or mode may be the 
subject of a patent, because, when the object of two patents or effects to 
be produced is essentially the same, they may both be valid, if the modes of 
attaining the desired effect are essentially different. Dav. Pat. Cas. 290; 
2 B. & Ald. 350; 2 H. Bl. 492; 8 T. R. 106; 4 Burr. 2397; Gods. on Pat. 85; 
Perpigna, Manuel des Inventeurs, &c., c. 1, sect. 5, Sec. 1, p. 22. 

METRE or METER. This word is derived from the Greek, and signifies a  
measure. 
     2. This is the standard of French measure. 
     3. The fundamental base of the metre is the quarter of the terrestrial 
meridian, or the distance from the pole to equator, which has been divided 
into ten millions of equal parts, one of which is of the length of the 
metre. The metre is equal to 3.28 feet, or 39.371 inches. Vide Measure. 

MEUBLES MEUBLANS. A French term used in Louisiana, which signifies simply 
household furniture. 4 N. S. 664; 3 Harr. Cond. R. 431. 

MICEL GEMOT, Eng. law. In Saxon times, the great council of the nation bore 
this name, sometimes also called the witena gemot, or assembly of wise men; 
in aftertimes, this assembly assumed the name of parliament. Vide 1 Bl. 
Comm. 147. 

MICHAELMAS TERM. Eng. law. One of the four terms of the courts; it begins on 
the 2d day of November, and ends on the 25th of November. It was formerly a 
movable term. St. 11 G. IV. and 1 W. IV. 70. 

MICHIGAN. One of the new, states of the United States of America. This state 
was admitted into the Union by the Act, of Congress of January 26th, 1837, 
Sharsw. cont. of Story's L. U. S. 2531, which enacts "that the state of 
Michigan shall be one and is hereby declared to be one, of the United States 
of America, and admitted into the Union on an equal footing with the 
original states, in all respects whatever." 
     2. The first constitution of this state was adopted by a convention of 
the people, begun and held at the capital in the city of Detroit, on Monday, 
the eleventh day of May, 1835. This was superseded by the present 
constitution, which was adopted 1850. It provides, article 3, Sec. 1; The 
powers of the government shall be divided into three distinct departments; 
the legislative, the executive, and the judicial; and one department shall 
never exercise the powers of another, except in such cases as are expressly 
provided for in this constitution. 
     3.-1. Art. 4, relates to the Legislative department, and provides 
that 
     Sec. 1. The legislative power shall be vested in a senate and house of 
representatives. 
     4.-Sec. 6. No person holding any office under the United States [or 
this state] or any county office, except notaries public, officers of the 
militia and officers elected by townships, shall be eligible to, or have a 
seat in either house of the legislature, and all votes given for any such 
person shall be void. 
     5.-Sec. 7. Senators and representatives shall, in all cases except 
treason, felony, or breach of the peace, be privileged from arrest, nor 
shall they be subject to any civil process, during the session of the 
legislature, nor for fifteen days next before the commencement and after the 
termination of each session. They shall not be questioned in any other 
place for any speech in either house. 
     6.-Sec. 8. A majority of each house shall constitute a quorum to do 
business; but a smaller number may adjourn from day to day, and may compel 
the attendance of absent members, in such manner and under such penalties as 
each house may provide. 
     7.-Sec. 9. Each house shall choose its own officers, determine the 
rules of its proceeding, and judge of the qualifications, elections, and 
return of its own members and may, with the concurrence of two-thirds of all 
the members elected, expel a member; no member shall be expelled a second 
time for the same cause, nor for any cause known to his constituents 
antecedent to his election. The reason for such expulsion shall be entered 
upon the journal, with the names of the members voting on the question. 
     8.-Sec. 10. Each house shall keep a journal of its proceedings, and 
publish the same, except such parts as may require secrecy; the yeas and 
nays of the members of either house, on any question, shall be entered on 
the journal at the request of one-fifth of the members present. Any member 
of either house may dissent from and protest against any act, proceeding or 
resolution which he may deem injurious to any person or the public, and have 
the reason of his dissent entered on the journal. 
     9.-Sec. 11. In all elections by either house, or in joint convention, 
the votes shall be given viva voce. All votes on nominations to the senate 
shall be taken by yeas and nays, and published with the journal of its 
proceedings. 
    10.-Sec. 12. The doors of each house shall be open, unless the public 
welfare require secrecy; neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any other place than where 
the legislature may then be in session. 
    11.-1st. In considering the house of representatives, it will be 
proper to take a view of the qualifications of members; the qualification of 
the electors; the number of members; the time for which they are elected. 
    12.-1. The representatives must be citizens of the United States, and 
qualified electors in the respective counties which they represent. Art. 4, 
S. 5. 2. In all elections, every white male citizen, every white male 
inhabitant residing in the state on the twenty-fourth day of June, one 
thousand eight hundred and thirty-five; every white male inhabitant residing 
in the first day of January, one thousand eight hundred and fifty, who has 
declared his intention to become a citizen of the United States pursuant to 
the laws thereof six months preceding an election, or who has resided in 
this state two years and six months and declared his intention as aforesaid 
and every civilized male inhabitant of Indian descent, a native of the 
United States, and not a member of any tribe, shall be an elector and 
entitled to vote; but no citizen or inhabitant shall be an elector or 
entitled to vote at any election, unless he shall be above the age of 
twenty-one years, and has resided in this state three months and in the 
township or ward in which he offers to vote ten days next preceding such 
election. Art. 7, Sec. 1. 3. The house of representatives shall consist of 
not less than sixty-five nor more than one hundred members. Art. 4, s. 3. 4. 
The election of representatives, pursuant to the provisions of this 
constitution, shall be held on the Tuesday succeeding the first Monday of 
November, in the year one thousand eight hundred and fifty-two, and on the 
Tuesday succeeding the first Monday of November of every second year 
thereafter. Art. 4, s. 34. Representatives shall be chosen for two years. 
Art. 4, s. 3. 
    13.-2d. The senate will be considered in the same order. 1. Senators 
must be citizens of the United States, and be qualified electors in the 
district which they represent. Art. 4, s. 5. 2. They are elected by the 
electors of representatives. Art. 7, s. 1. 3. The senate shall consist of 
thirty-two members. Art. 4, s. 2. 4. The senators shall be elected for two 
years, at the same time and in the same manner as the representatives are 
required to be chosen. Art. 4, section 2, 34. 
    14.-2. The executive department is regulated by the fifth article of 
the constitution as follows, namely: 
    Sec. 1. The executive power is vested in a governor, who shall hold his 
office for two years; a lieutenant governor shall be chosen for the same 
term. 
    15.-Sec. 2 No person shall be eligible to the office of governor or 
lieutenant governor, who has not been five years a citizen of the United 
States, and a resident of this state two years next preceding the election; 
nor shall any person be eligible to either office who has not attained the 
age of thirty years. 
    16.-Sec. 3. The governor and lieutenant governor shall be elected at 
the times and places of choosing members of the legislature. The Person 
having the highest number of votes for governor and lieutenant governor 
shall be elected; in case two or more persons have an equal and the highest 
number of votes for governor or lieutenant governor, the legislature shall 
by joint vote choose one of such persons. 
    17.-Sec. 4. The governor shall be commander-in-chief of the military 
and naval forces, and may call out such forces to execute the laws, to 
suppress insurrections and to repel invasions. 
    18.-Sec. 5. He shall transact all necessary; business with the 
officers of government; and may require information, in writing, from the 
officers of the executive department, upon any subject relating to the 
duties of their respective offices. 
    19.-Sec. 6. He shall take care that the laws be faithfully executed. 
    20.-Sec. 7. He may convene the legislature on extraordinary occasions. 
    21.-Sec. 8. He shall give to the legislature, and at the close of his 
official term to the next legislature, information by message of the 
condition of the state, and recommend such measures to them as he shall deem 
expedient. 
    22.-Sec. 9. He may convene the legislature at some other place, when 
the seat of government becomes dangerous from disease or a common enemy. 
    23.-Sec. 10. He shall issue writs of election to fill such vacancies 
as occur in the senate or house of representatives. 
    24.-Sec. 11. He may grant reprieves, commutations and pardons after 
convictions, for all offences except treason and cases of impeachment, upon 
such conditions, and with such restrictions and limitations, as he may think 
proper, subject to regulations provided by law, relative to the manner of 
applying for pardons. Upon conviction for treason, he may suspend the 
execution of the sentence until the case shall be reported to the 
legislature at its next session, when the legislature shall either pardon, 
or commute the sentence, direct the execution of the sentence, or grant a 
further reprieve. He shall communicate to the legislature at each session 
information of each case of reprieve, commutation or pardon granted, and the 
reasons therefor. 
    25.-Sec. 12. In case of the impeachment of the governor, his removal 
from office, death, inability, resignation, or absence from the state, the 
powers and duties of the office shall devolve upon the lieutenant governor 
for the residue of the term, or until the disability ceases. When the 
governor shall be out of the state in time of war, at the head of a military 
force thereof, he shall continue commander-in-chief of all the military 
force of the state. 
    26.-Sec. 13. During a vacancy in the office of governor, if the 
lieutenant governor die, resign, be impeached, displaced, be incapable of 
performing the duties of his office, or absent from the state, the president 
pro tempore of the senate shall act as governor until the vacancy be filled, 
or the disability cease. 
    27.-Sec. 14. The lieutenant governor shall, by virtue of his office, 
be president of the senate. In committee of the whole he may debate all 
questions; and when there is an equal division, he shall give the casting 
vote. 
    28.-Sec. 15. No member of congress, nor any person holding office 
under the United States, or this state, shall execute the office of 
governor. 
    29.-Sec. 16. No person elected governor or lieutenant governor shall 
be eligible to any office or appointment from the legislature, or either 
house thereof, during the time for which he was elected. All votes for 
either of them, for any such office, shall be void. 
    30.-Sec. 17. The lieutenant governor and president of the senate pro 
tempore, when performing the duties of governor, shall receive the same 
compensation as the governor. 
    31.-Sec. 18. All official acts of the governor, his approval of the 
laws excepted, shall be authenticated by the great seal of the state, which 
shall be kept by the secretary of state. 
    32.-Sec. 19. All commissions issued to persons holding office under 
the provisions of this constitution, shall be in the name and by the 
authority of the people of the state of Michigan, sealed with the great seal 
of the state, signed by the governor, and countersigned by the secretary of 
state. 
    32.-3. The judicial department is regulated by the sixth article as 
follows, namely: 
    33.-Sec. 1. The judicial power is vested in one supreme court, in 
circuit courts, in probate courts, and in justices of the peace. Municipal 
courts of civil and criminal jurisdiction may be established by the 
legislature in cities. 
    34.-Sec. 2. For the term of six years, and thereafter, until the 
legislature otherwise provide, the judges of the several circuit courts 
shall be judges of the supreme court, four of whom shall constitute a 
quorum. A concurrence of three shall be necessary to a final decision. After 
six years the legislature may provide by law for the organization of a 
supreme court, with the jurisdiction and powers prescribed in this 
constitution, to consist of one chief justice and three associate justices, 
to be chosen by the electors of the state. Such supreme court, when so 
organized, shall not be changed or discontinued by the legislature for eight 
years thereafter. The judges thereof shall be so classified that but one of 
them shall go out of office at the same time. Their term of office, shall be 
eight years. 
    35.-Sec. 3. The supreme court shall have a general superintending 
control over all inferior courts, and shall have power to issue writs of 
error, habeas corpus, mandamus, quo warrants, procedendo, and other original 
and remedial writs, and to hear and determine the same. In all other cases 
it shall have appellate jurisdiction only. 
    36.-Sec. 4. Four terms of the supreme court shall be held annually, at 
such times and places, as may be designated by law. 
    37.-Sec. 5. The supreme court shall, by general rules, establish, 
modify and amend the practice in such court and in the circuit courts, and, 
simplify the same. The legislature shall, as far as practicable, abolish 
distinctions between law and equity proceedings. The office of master in 
chancery is prohibited. 
    38.-Sec. 6. The state shall be divided, into eight judicial circuits; 
in each of which the electors thereof shall elect one circuit judge, who 
shall hold his office for the term of six years, and until his successor is 
elected and qualified. 
    39.-Sec. 7. The legislature may alter the limits of circuits, or 
increase the number of the same. No alteration or increase shall have the 
effect to remove a judge from office. In every additional circuit 
established the judge shall be elected by the electors of such circuit, and 
his term of office shall continue as provided in this constitution for 
judges of the circuit court. 
    40.-Sec. 8. The circuit courts shall have original jurisdiction in all 
matters civil and criminal, not excepted in this constitution, and not 
prohibited by law; and, appellate jurisdiction from all inferior courts and 
tribunals, and a supervisory control of the same. They shall also have power 
to issue writs of habeas corpus, mandamus, injunction, quo warranto, 
certiorari, and other writs necessary to carry into effect their orders, 
judgments and decrees, and give there a general control over inferior courts 
and tribunals within their respective jurisdictions. 
    41.-Sec. 9. Each of the judges of the circuit courts shall receive a 
salary payable quarterly. They shall be ineligible to any other than a 
judicial office during the term for which they are elected, and for one year 
thereafter. All votes for any person elected such judge for any office other 
than judicial, given either by the legislature or the people, shall be void. 
    42.-Sec. 10. The supreme court may appoint a reporter of its 
decisions. The decisions of the supreme court shall be in writing, and 
signed by the judges concurring therein. Any judge dissenting there from, 
shall give the reasons of such dissent in writing, under his signature. All 
such opinions shall be filed in the office of the clerk of the supreme 
court. The judges of the circuit court, within their respective 
jurisdictions, may fill vacancies in the office of county clerk and of 
prosecuting, attorney; but no judge of the supreme court, or, circuit court, 
shall exercise any other power of appointment to public office. 
    43.-Sec. 11. A circuit court shall be held at least twice in each 
year, in every county organized for judicial purposes, and four times in 
each year in counties containing ten thousand inhabitants. Judges of the 
circuit court may hold courts for each other, and shall do so when required 
by law. 
    44.-Sec. 12. The clerk of each county organized for judicial purposes 
shall be the  clerk of the circuit court of such county, and of the supreme 
court when held within the same. 
    45.-Sec. 13. In each of the counties organized for judicial purposes, 
there shall be a court of probate. The judge of such court shall be elected 
by the electors of the county in which he resides, and shall hold his office 
for four years, and until his successor is elected and qualified. The 
jurisdiction, powers, and duties of such court, shall be prescribed by law. 
    46.-Sec. 14. When a vacancy occurs in the office of judge of the 
supreme, circuit or probate court, it shall be filled by appointment of the 
governor, which shall continue until a successor is elected and qualified. 
When elected, such successor shall hold his office the residue of the 
unexpired term. 
    47.-Sec. 15. The supreme court, the circuit and probate court of each 
county, shall be courts of record, and shall each have a common seal. 
    48.-Sec. 16. The legislature may provide by law for the election of 
one or more persons in each organized county, who may be vested with 
judicial powers, not exceeding those of a judge of the circuit court at 
chambers. 
    49.-Sec. 17. There shall be not exceeding four justices of the peace 
in each organized township. They shall be elected by the electors of the 
townships, and shall hold their offices for four years, and until their 
successors are elected and qualified. At the first election in any township, 
they shall be classified as shall be prescribed by law. A justice elected to 
fill a vacancy shall hold his office for the residue of the unexpired term. 
The legislature may increase the number of justices in cities. 
    50.-Sec. 18. In civil cases justices of the peace shall have exclusive 
jurisdiction to the amount of one hundred dollars, and concurrent 
jurisdiction to the amount of three hundred dollars, which may be increased 
to five hundred dollars, with such exceptions and restrictions as may be 
provided by law. They shall also have such criminal jurisdiction and perform 
such duties as shall be prescribed by the legislature. 
    51.-Sec. 19. Judges of the supreme court, circuit judges, and justices 
of the peace, shall be conservators of the peace within their respective 
jurisdictions. 
    52.-Sec. 20. The first election of judges of the circuit courts shall 
be held on the first Monday in April, one thousand eight hundred and fifty-
one, and every sixth year thereafter. Whenever an additional circuit is 
created, provision. shall be made to hold the subsequent election of such 
additional judges at the regular elections herein provided. 
    53.-Sec. 21. The first election of judges of the probate courts shall 
be held on the Tuesday succeeding the first Monday of November, one thousand 
eight hundred and fifty-two, and every fourth year thereafter. 
    54.-Sec. 22. Whenever a judge shall remove beyond the limits of the 
jurisdiction for which he was elected or a justice of the peace from the 
township in which he was elected, or by a change in the boundaries of such 
township shall be placed without the same, they shall be deemed to have 
vacated their respective offices. 
    55.-Sec. 23. The legislature may establish courts of conciliation, 
with such powers and duties as shall be prescribed by law. 
    56.-Sec. 24. Any suitor in any court of this state shall have the 
right to prosecute or defend his suit, either in his own proper person, or 
by an attorney or agent, of his choice. 
    57.-Sec. 25. In all prosecutions for libels, the truth may be given in 
evidence to the jury; and if it shall appear to the jury that the matter 
charged as libelous is true, and was published with good motives and for 
justifiable ends, the party shall be acquitted. The jury shall have the 
right to determine the law and the fact. 
    58.-Sec. 26. The person, houses, papers, and possessions of every 
person shall be secure from unreasonable searches and seizure. No warrant to 
search any place, or to seize any person or things shall issue without 
describing them, nor without probable cause, supported by oath or 
affirmation. 
    59.-Sec. 27. The right of trial by jury shall remain, but shall be 
deemed to be waived in all civil cases unless demanded by one of the 
parties, in such manner as shall be prescribed by law. 
    60.-Sec. 28. In every criminal prosecution, the accused shall have the 
right to a speedy and public trial by an impartial jury, which may consist 
of less than twelve, men in all courts not of record; to be informed of the 
nature of the accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his favor, and have 
the assistance of counsel for his defence. 
    61.-Sec. 29. No person, after acquittal upon the merits, shall be 
tried for the same offence; all persons shall, before conviction, be 
bailable by sufficient sureties, except for murder and treason, when the 
proof is evident or the presumption great. 
    62.-Sec. 30. Treason against the state shall consist only in levying 
war against, or in adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless upon the testimony of two 
witnesses to the same overt act, or on confession in open court. 
    63.-Sec. 31. Excessive bail shall not be required; excessive fines 
shall not be imposed; cruel or unusual punishment shall not be inflicted, 
nor, shall witnesses be unreasonably detained. 
    64.-Sec. 32. No person shall be compelled, in any criminal case, to be 
a witness against himself; nor be deprived of life, liberty, or property, 
without due process of law. 
    65.-Sec. 33. No person shall be imprisoned for debt arising out of, or 
founded on a contract, express or implied, except in cases of fraud or 
breach of trust, or of moneys collected by public officers, or in any 
professional employment. No person shall be imprisoned for a militia fine in 
time of peace. 
    66.-Sec. 34. No person shall be rendered incompetent to be a witness, 
on account of his opinions on matters of religious belief. 
    67.-Sec. 35. The style of all process shall be, "In the name of the 
people of the State of Michigan." 

MIDDLEMAN contracts. A person who is employed both by the seller and 
purchaser of goods, or by the purchaser alone, to receive them into his 
possession, for the purpose of doing something in or about them; as, if 
goods be delivered from a ship by the seller, to a wharfinger, to be by him 
forwarded to the purchaser, who has been appointed by the latter to receive 
them; or if goods be sent to a packer, for and by orders of the vendee, the 
packer is to be considered as a middleman. 
     2. The goods in both, these cases will be considered in transitu, 
provided the purchaser has not used the wharfinger's or the packer's 
warehouse as his own, an have an ulterior place of delivery in view. 3 B. & 
P. l27, 469; 4 Esp. R. 82; 2 B. & P. 457; 1 Campb. 282; 1 Atk. 245; 1 H. Bl. 
364; 3 East, R. 93; Whit. on Trans. 195. 
     3. By middleman is also understood one who has been employed as an 
agent by a principal, and who has employed a subagent under him by authority 
of the principal, either express or implied. He is not in general liable for 
the wrongful acts of the sub-agent, the principal being alone responsible. 3 
Campb. N. P. Cas. 4; 6 T. R. 411; 14 East, 65. 

MIDWIFE, med. jur. A woman who practices midwifery; a woman who pursues the 
business of an account. 
     2. A midwife is required to perform the business she undertakes with 
proper skill, and if she be guilty of any mala praxis, (q.v.) she is liable 
to an action or an indictment for the misdemeanor. Vide Vin. Ab. Physician; 
Com. Dig. Physician; 8 East, R. 348; 2 Wils. R. 359; 4 C. & P. 398; S. C. 19 
E. C. L. R. 440; 4 C. & P. 407, n. a; 1 Chit. Pr. 43; 2 Russ. Cr. 288. 

MILE, measure. A length of a thousand paces, or seventeen hundred and sixty 
yards, or five thousand two hundred and eighty feet. It contains eight 
furlongs, every furlong being forty poles, and each pole sixteen feet six 
inches. 2 Stark. R. 89. 

MILEAGE. A compensation allowed by law to officers, for their trouble and 
expenses in travelling on public business. 
     2. The mileage allowed to members of congress, is eight dollars for 
every twenty miles of estimated distance, by the most usual roads, from his 
place of residence to the seat of congress, at the commencement and end of 
every session. Act of Jan. 22, 1818; 3 Story, Laws U. S. 1657. 
     3. In computing mileage the distance by the road usually travelled is 
that which must be allowed, whether in fact the officer travels a more or 
less distant way to suit his own convenience. 5 Shepl. R. 431. 

MILITARY. That which belongs or relates to the army.

MILITIA. The military force of the nation, consisting of citizens called 
forth to execute the laws of the Union, suppress insurrection and repel 
invasion. 
     2. The Constitution of the United States provides on this subject as 
follows: Art. 1, s. 8, 14. Congress shall have power to provide for calling 
forth the militia to execute the laws of the Union, suppress insurrections, 
and repel invasions. 
     3.-15. to provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively, the 
appointment of the officers, and the authority of training the militia, 
according to the discipline prescribed by congress. 
     4. Under the clauses of the constitution, the following points have 
been decided. 
     1. If congress had chosen, they might by law, have considered a militia 
man, called into the service of the United States, as being, from the time 
of such call, constructively in that service, though not actually so, 
although he should not appear at the place of rendezvous. But they have not 
so considered him, in the acts of congress, till after his appearance at the 
place of rendezvous: previous to that, a fine was to be paid for the 
delinquency in not obeying the call, which fine was deemed an equivalent for 
his services, and an atonement for disobedience. 
     5.-2. The militia belong to the states respectively, and are subject, 
both in their civil and military capacities, to the jurisdiction and laws of 
the state, except so far as these laws are controlled by acts of congress, 
constitutionally made. 
     6.-3. It is presumable the framers of the constitution contemplated a 
full exercise of all the powers of organizing, arming, and disciplining the 
militia; nevertheless, if congress had declined to exercise them, it was 
competent to the state governments respectively to do it. But congress has 
executed these powers as fully as was thought right, and covered the whole 
ground of their legislation by different laws, notwithstanding important 
provisions may have been omitted, or those enacted might be beneficially 
altered or enlarged. 
     7.-4. After this, the states cannot enact or enforce laws on the same 
subject. For although their laws may not be directly repugnant to those of 
congress, yet congress, having exercised their will upon the subject, the 
states cannot legislate upon it. If the law of the latter be the same, it is 
inoperative: if they differ, they must, in the nature of things, oppose each 
other, so far as they differ. 
     8.-5. Thus if an act of congress imposes a fine, and a state law fine 
and imprisonment for the same offence, though the latter is not repugnant, 
inasmuch as it agrees with the act of the congress, so far as the latter 
goes, and add another punishment, yet the wills of the two legislating 
powers in relation to the subject are different, and cannot subsist 
harmoniously together. 
     9.-6. The same legislating power may impose cumulative punishments; 
but not different legislating powers. 
    10.-7. Therefore, where the state governments have, by the 
constitution, a concurrent power with the national government, the former 
cannot legislate on any subject on which congress has acted, although the 
two laws are not in terms contradictory and repugnant to each other. 
    11.-8. Where congress prescribed the punishment to be inflicted on a 
militia man, detached and called forth, but refusing to march, and also 
provided that courts martial for the trial of such delinquent's, to be 
composed of militia officers only, should be held and conducted in the 
manner pointed out by the rules and articles of war, and a state had passed 
a law enacting the penalties on such delinquents which the act of congress 
prescribed, and directing lists of the delinquents to be furnished to the 
comptroller of the United States and marshal, that further proceeding might 
take place according to the act of congress, and providing for their trial 
by state courts martial, such state courts martial have jurisdiction. 
Congress might have vested exclusive jurisdiction in courts martial to be 
held according to their laws, but not having done so expressly, their 
jurisdiction is not exclusive. 
    12.-9. Although congress have exercised the whole power of calling out 
the militia, yet they are not national militia, till employed in actual 
service; and they are not employed in actual service, till they arrive at 
the place of rendezvous. 5 Wheat. 1; Vide 1 Kent's Com. 262; 3 Story, Const. 
Sec. 1194 to 1210. 
    13. The acts of the national legislature which regulate the militia are 
the following, namely: Act of May 8, 1792, 1 Story, L. U. S. 252; Act of 
February 28, 1795, 1 Story, L. U. S. 390; Act of March 2, 1803, 2 Story, L. 
U. S. 888; Act of April 10, 1806, Story, L. U. S. 1005; Act of April 20, 
1816, 3 Story, L. U. S. 1573; Act of May 12, 1820, 3 Story, L. U. S. 1786 
Act of March 2, 1821, 3 Story; L. U. S. 1811. 

MILL, estates. Mills are so very different and various, that it is not easy 
to give a definition of the term. They are used for the purpose of grinding 
and pulverising grain and other matters, to extract the juices of 
vegetables, to make various articles of manufacture. They take their names 
from the uses to which they are employed, hence we have paper-mills, 
fulling-mills, iron-mills, oil-mills, saw-mills, &c. In another respect 
their kinds are various; they are either fixed to the freehold or not. Those 
which are a part of the freehold, are either watermills, wind-mills, steam-
mills, &c.; those which are not so fixed, are hand-mills, and are merely 
personal property. Those which are fixed, and make a part of the freehold, 
are buildings with machinery calculated to obtain the object proposed in 
their erection. 
     2. It has been held that the grant of a mill; and its appurtenances, 
even without the land, carries the whole right of water enjoyed by the 
grantor, as necessary to its use, and as a necessary incident. Cro. Jac. 
121, And a devise of a mill carries the land used with it, and the right to 
use the water. 1 Serg. & Rawle, 169; and see 5 Serg. & Rawle, 107; 2 Caine's 
Ca. 87; 10 Serg. & Rawle, 63; 1 Penna. R. 402; 3 N. H. Rep. 190; 6 Greenl. 
R. 436; Id. 154; 7 Mass. Rep. 6; 5 Shepl. 281. 
     3. A mill means not merely the building, in which the business is 
carried on, but includes the site, the dam, and other things annexed to the 
freehold, necessary for its beneficial enjoyment. 3 Mass R. 280. See Vide 6 
Greenl. R. 436. 
     4. Whether manufacturing machinery will pass under the grant of a mill 
must depend mainly on the circumstances of each case. 5 Eng. C. L. R. 168; 
S. C. 1 Brod. & Bing. 506. In England the law appears not to be settled. 1 
Bell's Com. 754, note 4, 5th ed. In this note are given the opinions of Sir 
Samuel Romily and Mr. Leech, on a question whether a mortgage of a piece of 
land on which a mill was erected, would operate as a mortgage of the 
machinery. Sir Samuel was clearly of opinion that such a mortgage would bind 
the machinery, and Mr. Leech was of a directly opposite opinion. 
     5. The American law on this subject, appears not to be entirely fixed. 
1 Hill. Ab. 16; 1 Bailey's R. 540; 3 Kent, Com. 440; see Amos & Fer., on 
Fixt., 188, et seq.; 1 Atk. 165; 1 Ves. 348; Sugd. Vend. 30; 6 John. 5; 10 
Serg. & Rawle, 63; 2 Watts & Serg. 116; 6 Greenl. 157; 20 Wend. 636; 1 H. 
Bl. 259, note; 17 S. & R. 415; 10 Amer. Jur. 58; 1 Misso. R. 620; 3 Mason, 
464; 2 Watts & S. 390. Vide 15 Vin. Ab. 398; Dane's Ab. Index, h.t. 6 
Cowen, 677. 

MILL, money. An imaginary money, of which ten are equal to one cent, one 
hundred equal to a dime, and one thousand equal to a dollar. There is no 
coin of this denomination. Vide Coin; Money. 

MILLED MONEY. This term means merely coined money, and it is not necessary 
that it should be marked or rolled on the edges. Running's case, Leach, 708. 

MIL-REIS. The name of a coin. The mil-reis of Portugal is taken as money of 
account, at the custom-house, to be of the value of one hundred and twelve 
cents. Act of March 13, 1843. 
     2. The mil-reis of Azores, is deemed of the value of eighty-three and 
one-third cents. Act of Match 3, 1843. 
     3. The mil-reis of Madera, is deemed of the value of one hundred 
cents. Id. 

MIND AND MEMORY. It is usual in considering the state of a testator at the 
time of making his will, to ascertain whether he was of sound mind and 
memory; that is, whether he had capacity to make a will. These words then 
import capacity, ability. 

MINE. An excavation made for obtaining minerals from the bowels of the 
earth, and the minerals themselves are known by the name of mine. 
     2. Mines are therefore considered as open and not open. An open mine is 
one at which work has been done, and a part of the materials taken out. When 
land is let on which there is an open mine, the tenant may, unless 
restricted by his lease, work the mine; 1 Cru. Dig. 132; 5 Co. R. 12; 1 
Chit. Pr. 184, 5; and he may open new pit's or shafts for working the old 
vein, for otherwise the working of the same mine might be impracticable. 2 
P. Wms. 388; 3 Tho. Co. Litt. 237; 10 Pick. R. 460. A mine not opened, 
cannot be opened by a tenant for years unless authorized, nor even by a 
tenant for life, without being guilty of waste. 5 Co. 12. 
     3. Unless expressly excepted, mines would be included in the conveyance 
of land, without being expressly named, and so vice versa, by a grant of a 
mine, the land itself, the surface above the mine, if livery be made, will 
pass. Co. Litt. 6; 1 Tho. Co. Litt. 218; Shep. To. 26. Vide, generally, 15 
Vin. Ab. 401; 2 Supp. to Ves. jr. 257, and the cases there cited, and 448; 
Com. Dig. Grant, G 7; Id. Waifs, H. 1; Crabb, R. P. Sec. 98-101; 10 East, 
273; 1 M. & S. 84; 2 B. & A. 554; 4 Watts, 223-246. 
     4. In New York the following provisions have been made in relation to 
the mines in that state, by the revised statutes, part 1, chapter 9, title 
11. It is enacted as follows, by 
     Sec. 1. The following mines are, and shall be, the property of this 
state, in its right of sovereignty. 1. All mines of gold and silver 
discovered, or hereafter to be discovered, within this state. 2. All mines 
of other metals discovered, or hereafter to be discovered, upon any lands 
owned by persons not being citizens of any of the United States. 3. All 
mines of other metals discovered, or hereafter to be discovered, upon lands 
owned by a citizen of any of the United States, the ore of which, upon an 
average, shall contain less than two equal third parts in value, of copper, 
tin, iron or lead, or any of those metals. 
     6.-Sec. 2. All mines, and all minerals and fossils discovered, or 
hereafter to be discovered, upon any lands belonging to the people of this 
state, are, and shall be the property of the people, subject to the 
provisions hereinafter made to encourage the discovery thereof. 
     6.-Sec. 3. All mines of whatever description, other than mines of 
gold and silver, discovered or hereafter to be discovered, upon any lauds 
owned by a citizen of the United states, the ore of which, upon an average, 
shall contain two equal third parts or more, in value, of copper, tin, iron 
and lead, or any of those metals, shall belong to the owner of such land. 
     7.-Sec. 4. Every person who shall make a discovery of any mine of 
gold or silver, within this state, and the executors, administrators or 
assigns of such person, shall be exempted from paying to the people of this 
state, any part of the ore, profit or produce of such mine, for the term of 
twenty-one years, to be computed from the time of giving notice of such 
discovery, in the manner hereinafter directed. 
     8.-Sec. 5. No person discovering a mine of gold or silver within this 
state, shall work the same, until he give notice thereof, by information in 
writing, to the secretary of this state, describing particularly therein the 
nature and situation of the mine. Such notice shall be registered in a book, 
to be kept the secretary for that purpose. 
     9.-Sec. 6. After the expiration of the term above specified, the 
discoverer of the mine, or his representatives, shall be preferred in any 
contract for the working of such mine, made with the legislature or under 
its authority. 
    10.-Sec. 7. Nothing in this title contained shall affect any grants 
heretofore made by the legislature, to persons having discovered mines; nor 
be construed to give to any person a right to enter on, or to break up the 
lands of any other person, or of the people of this state, or to work any 
mines in such lands, unless the consent, in writing, of the owner thereof, 
or of the commissioners of the land office, when the lands belong to the 
people of this state, shall be previously obtained. 

MINISTER, government. An officer who is placed near the sovereign, and is 
invested with the administration of some one of the principal branches of 
the government. 
     2. Ministers are responsible to the king or other supreme magistrate 
who has appointed them. 4 Conn. 134. 

MINISTER, international law. This is the general name given to public 
functionaries who represent their country abroad, such as ambassadors, 
(q.v.) envoys, (q.v.) and residents. (q.v.) A custom of recent origin has 
introduced a new kind of ministers, without any particular determination of 
character; these are simply called ministers, to indicate that they are 
invested with the general character of a sovereign's mandatories, without 
any particular assignment of rank or character. 
     2. The minister represents his government in a vague and indeterminate 
manner, which cannot be equal to the first degree; and be possesses all the 
rights essential to a public minister. 
     3. There are also ministers plenipotentiary, who, as they possess full 
powers, are of much greater distinction than simple ministers. These also, 
are without any particular attribution of rank and character, but by custom 
are now placed immediately below the ambassador, or on a level with the 
envoy extraordinary. Vattel, liv. 4, c. 6, Sec. 74; Kent, Com. 38; Merl. 
Repert. h.t. sect. 1, n. 4. 
     4. Formerly no distinction was made in the different classes of public 
ministers, but the modern usage of Europe introduced some distinctions in 
this respect, which, on account of a want of precision, became the source of 
controversy. To obviate these, the congress of Vienna, and that of Aix la 
Chapelle, put an end to these disputes by classing ministers as follows: 1. 
Ambassadors, and papal legates or nuncios. 2. Envoys, ministers, or others 
accredited to sovereigns, (aupres des souverains). 3. Ministers resident, 
accredited to sovereigns. 4. Charges d'Affaires, accredited to the minister 
of foreign affairs. Recez du Congres de Vienne, du 19 Mars, 1815; Protocol 
du Congres d' Aix la Chapelle, du 21 Novembre, 1818; Wheat, Intern. Law, pt. 
3, c. Sec. 6. 
     5. The act of May 1, 1810, 2 Story's L. U. S. 1171, fixes a 
compensation for public, ministers, as follows 
     Sec. 1. Be it enacted, &c. That the president of the United States 
shall not allow to any minister plenipotentiary a greater sum than at the 
rate of nine thousand dollars per annum, as a compensation for all his 
personal services and expenses; nor to any charge des affaires, a greater 
sum than at the rate of four thousand five hundred dollars per annum, as a 
compensation for all his personal services and expenses, nor to the 
secretary of any legation, or embassy to any foreign country, or secretary 
of any  minister plenipotentiary, a greater sum than at the rate of two 
thousand dollars per annum, as a compensation for all his personal services 
and expenses; nor to any consul who shall be appointed to reside at Algiers, 
a greater sum than at the rate of four thousand dollars per annum, as a 
compensation for all his personal services and expenses; nor to any other 
consul who shall be appointed to reside at any other of the states on the 
coast of Barbary, a greater sum than at the rate of two thousand dollars per 
annum, as a compensation for all his personal services and expenses; nor 
shall there be appointed more than one consul for any one of the said 
states: Provided, it shall be lawful for the president of the United States 
to allow to a minister plenipotentiary, or charge des affaires, on going 
from the United States to any foreign country, an outfit, which shall in no 
case exceed one year's full salary of such minister or charge des affaires; 
but no consul shall be allowed an outfit in any case whatever, any usage or 
custom' to the contrary notwithstanding. 
     6.-Sec. 2. That to entitle any charge des affaires, or secretary of 
any legation or embassy to any foreign country, or secretary of any minister 
plenipotentiary, to the compensation hereinbefore provided, they shall, 
respectively, be appointed by the president of the United States, by and 
with the advice and consent of the senate; but in the recess of the senate, 
the president is hereby authorized to make such appointments, which shall be 
submitted to the senate at the next session thereafter, for their advice and 
consent; and no compensation shall be allowed to any charge des affaires, or 
any of the secretaries hereinbefore described, who shall not be appointed as 
aforesaid: Provided, That nothing herein contained shall be construed to 
authorize any appointment, of a secretary to a charge des affaires, or to 
any consul residing on the Barbary coast; or to sanction any claim against 
the United States for expenses incident to the same, any usage or custom to 
the contrary notwithstanding. 
     7. The Act of August 6, 1842, sect. 9, directs, that the president of 
the United States shall not allow to any minister, resident a greater sum 
than at the rate of six thousand dollars per annum, as a compensation for 
all his personal services and expenses: Provided, that it shall be lawful 
for the president to allow to such minister resident, on going from the 
United States to any foreign country, an outfit, which shall in no case 
exceed one year's full salary of such minister resident. 

MINISTER, eccl. law. One ordained by some church to preach the gospel. 
     2. Ministers are authorized in the United States, generally, to marry, 
and are liable to fines and penalties for marrying minors contrary to the 
local regulations. As to the right of ministers or parsons, see Am. Jur. No. 
30, p. 268; Anth. Shep. Touch. 564; 2 Mass. R. 500; 10 Mass. R. 97; 14 Mass. 
R. 333; 3 Fairf. R. 487. 

MINISTER, mediator. An officer appointed by the government of one nation, 
with the consent of two other nations, who have a matter in dispute, with a 
view by his interference and good office to have such matter settled., 

MINISTERIAL. That which is done under the authority of a superior; opposed 
to judicial; as, the sheriff is a ministerial officer bound to obey the 
judicial commands of the court. 
     2. When an officer acts in both a judicial and ministerial capacity, he 
may be compelled to perform ministerial acts in a particular way; but when 
he acts in a judicial capacity, he can only be required to proceed; the 
manner of doing so is left entirely to his judgment. See 2 Fairf. 377; Bac. 
Ab. Justices of the Peace, E; 1 Conn. 295; 3 Conn. 107; 9 Conn. 275; 12 
Conn. 464; also Judicial; Mandamus; Sheriff. 

MINISTERIAL TRUSTS. These which are also called instrumental trusts, demand 
no further exercise of reason or understanding, than every intelligent agent 
must necessarily employ as to convey an estate. They are a species of 
special trusts, distinguished from discretionary trusts, which necessarily 
require much exercise of the understanding.  2 Bouv. Inst. A. 1896. 

MINOR, persons. One under the age of twenty-one years, while in a state of 
infancy; one who has not attained the age of a major. The terms major and 
minor, are more particularly used in the civil law. The common law terms are 
adult and infant. See Infant. 

MINORITY. The state or condition of a minor; infancy. In another sense, it 
signifies the lesser number of votes of a deliberative assembly; opposed to 
majority. (q.v.) 

MINT. The place designated by law, where money is coined by authority of the 
government of the United States. 
     2. The mint was established by the Act of April 2, 1792, 1 Story's L. 
U. S. 227, and located at Philadelphia, where, by virtue of sundry acts of 
congress, it still remains. Act of April 24, 1800, 1 Story, 770; Act of 
March 3, 1801, 1 Story, 816; Act of May 19, 1828, 4 Sharsw. cont. of Story's 
L. U. S. 2120. 
     3. Below will be found a reference to the acts of congress now in force 
in relation to the mint. Act of January 18, 1837, 4 Sharsw. cont. of Story, 
L. U. S. 2120; Act of May 19, 1828, 4 Id. 2120; Act of May 3, 1835; Act of 
February 13, 1837; Act of March 3, 1849; Act of March 3, 1851, s. 11. Vide 
Coin; Foreign Coin; Money. 

MINUTE, measures. In divisions of the circle or angular measures, a minute 
is equal to sixty seconds, or one sixtieth part of a degree. 
     2. In the computation of time, a minute is equal to sixty seconds, or 
the sixtieth part of an hour. Vide Measure. 

MINUTE, practice. A memorandum of what takes place in court; made by 
authority of the court. From these minutes the record is afterwards made up. 
     2. Toullier says, they are so called because the writing in which they 
were originally, was small, that the word is derived, from the Latin minuta, 
(scriptura) in opposition to copies which were delivered to the parties, and 
which were always written in a larger hand. 8 Toull. n. 413. 
     3. Minutes are not considered as any part of the record. 1 Ohio R. 268. 
See 23 Pick. R. 184. 

MINUTE BOOK. A book kept by the clerk or prothonotary of a court, in which 
minutes of its proceedings are entered. It has been decided that minutes are 
no part of the record. 1 Ohio R. 268. 

MIRROR DES JUSTICES. The Mirror of Justices, a treatise written during the 
reign of Edward II. Andrew Horne is its reputed author. It was first 
published in 1642, and in 1768 it was translated into English by William 
Hughes. Some diversity of opinion seems to exist as to its merits. Pref. to 
9 & 10 Co. Rep. As to the history of this celebrated book see St. Armand's 
Hist. Essays on the Legislative power of England, 68, 59. 

MIS. A syllable which prefixed to some word signifies some fault or defect; 
as, misadventure, misprision, mistrial, and the like. 

MISADVENTURE, crim. law, torts. An accident by which an injury occurs to 
another. 
     2. When applied to homicide, misadventure is the act of a man who, in 
the performance of a lawful act, without any intention to do harm, and after 
using proper precaution to prevent danger, unfortunately kills another 
person. The act upon which the death ensues, must be neither malum in se, 
nor malum prohibitum. The usual examples under this head are, 1. When the 
death ensues from innocent recreations. 2. From moderate and lawful 
correction (q.v.)  in foro domestico. 3. From acts lawful and indifferent 
in themselves, done with proper and ordinary caution. 4 Bl. Com. 182; 1 
East, P C. 221. 

MISBEHAVIOUR. Improper or unlawful conduct. See 2 Mart. N. S. 683. 
     2. A party guilty of misbehaviour; as, for example, to threaten to do 
injury to another, may be bound to his good behaviour and thus restrained. 
See Good Behaviour. 
     3. Verdicts are not unfrequently set aside on the ground of 
misbehaviour of jurors; as, when the jury take out with them papers which 
were not given in evidence, to the prejudice of one of the parties. Ld. 
Raym. 148. When they separate before they have agreed upon their verdict. 3 
Day, 237, 310., When they cast lots for a verdict; 2 Lev. 205; or, give 
their verdict because they have agreed to give it for the amount ascertained 
by each juror putting down a sum, adding the whole together, and then 
dividing by twelve the number of jurors, and giving their verdict for the 
quotient. 15 John. 87. See Bac. Ab. Verdict, H. 
     4. A verdict will be set aside if the successful party has been guilty 
of any misbehaviour towards the jury; as, if he say to a juror, "I hope you 
will find a verdict for me;" or "the matter is clearly of my side." 1 Vent. 
125; 2 Roll. Ab. 716, pl. 17. See Code, 166, 401; Bac. Ab. Verdict, I. 

MISCARRIAGE, med. jurisp. By this word is technically understood the 
expulsion of the ovum or embryo from the uterus within the first six weeks 
after conception; between that time and before the expiration of the sixth 
month, when the child may possibly live, it is termed abortion. When the 
delivery takes place soon after the sixth month, it is denominated premature 
labor. But the criminal act of destroying the foetus at any time before 
birth, is termed in law, procuring miscarriage. Chit. Med. Jur. 410; 2 
Dunglison's Human Physiology, 364. Vide Abortion; Foetus. 

MISCARRIAGE, contracts, torts. By the English statute of frauds, 29, C. 
II., c. 3, s. 4, it is enacted that "no action shall be brought to charge 
the defendant upon any special promise to answer for the debt, default, or 
miscarriage of another person, unless the agreement," &c. "shall be in 
writing," &c. The word miscarriage, in this statute comprehends that species 
of wrongful act, for the consequences of which the law would make the party 
civilly responsible. The wrongful riding the horse of another, without his 
leave or license, and thereby causing his death, is clearly an act for which 
the party is responsible in damages, and therefore, falls within the meaning 
of the word miscarriage. 2 Barn. & Ald. 516; Burge on Sur. 21. 

MISCASTING. By this term is not understood any pretended miscasting or 
misvaluing, but simply an error in auditing and numbering. 4 Bouv. Inst. n. 
4128. 

MISCOGNlSANT. This word, which is but little used, signifies ignorant or not 
knowing. Stat. 32 H. VIII. c. 9. 

MISCONDUCT. Unlawful behaviour by a person entrusted in any degree: with the 
administration of justice, by which the rights of the parties and the 
justice of the, case may have been affected. 
     2. A verdict will be set aside when any of the jury have been guilty of 
such misconduct, and a court will set aside an award, if it has been 
obtained by the misconduct of an arbitrator. 2 Atk. 501, 504; 2 Chit. R. 44; 
1 Salk. 71; 3 P. Wms. 362; 1 Dick. 66. 

MISCONTINUANCE, practice. By this term is understood a continuance of a suit 
by undue process. Its effect is the same as a discontinuance. (q.v.) 2 
Hawk. 299; Kitch. 231; Jenk. Cent. 57. 

MISDEMEANOR, crim. law. This term is used to express every offence inferior 
to felony, punishable by indictment, or by particular prescribed 
proceedings; in its usual acceptation, it is applied to all those crimes and 
offences for which the law has not provided a particular name; this word is 
generally used in contradistinction to felony; misdemeanors comprehending 
all indictable offences, which do not amount to felony, as perjury, battery, 
libels, conspiracies and public nuisances. 
     2. Misdemeanors have sometimes been called misprisions. (q.v.) Burn's 
Just. tit. Misdemeanor; 4 Bl. Com. 5, n. 2; 2 Bar. & Adolph. 75: 1 Russell, 
43; 1 Chitty, Pr. 14; 3 Vern. 347; 2 Hill, S. C. 674; Addis. 21; 3 Pick. 26; 
1 Greenl. 226; 2 P. A. Browne, 249; 9 Pick. 1; 1 S. & R. 342; 6 Call. 245; 4 
Wend. 229; 2 Stew. & Port. 379. And see 4 Wend. 229, 265; 12 Pick. 496; 3 
Mass. 254; 5 Mass. 106. See Offence. 

MISDIRECTION, practice. An error made by a judge in charging the jury in a 
special case. 
     2. Such misdirection is either in relation to matters of law or matters 
of fact. 
     3.-1. When the judge at the trial misdirects the jury, on matters of 
law, material to the issue, whatever may be the nature of the case, the 
verdict will be set aside, and a new trial granted; 6 Mod. 242; 2 Salk. 649; 
2 Wils. 269; or if such misdirection appear in the bill of exceptions or 
otherwise upon the record, a judgment founded on a verdict thus obtained, 
will be reversed. When the issue consists of a mixed question of law and 
fact and there is a conceded state of facts, the rest is a question for the 
court; 2 Wend. R. 596; and a misdirection in this respect will avoid the 
verdict. 
     4.-2. Misdirection as to matters of fact will in some cases be 
sufficient to vitiate the proceedings. If, for example, the judge should 
undertake to dictate to the jury. When the, judge delivers, his opinion to 
the jury on a matter of fact, it should be delivered as mere opinion, and 
not as direction. 12 John. R. 513. But the judge is in general allowed to 
very liberal discretion in charging a jury on matters of fact. 1 McCl. & Y. 
286. 
     5. As to its effects, misdirection must be calculated to do injustice; 
for if justice has been done, and a new trial would produce the same result, 
a new trial will not be granted on that account, 2 Salk. 644, 646; 2 T. R. 
4; 1 B. & P. 338; 5 Mass. R. 1; 7 Greenl. R. 442; 2 Pick. R. 310; 4 Day's R. 
42; 5 Day's R. 329; 3 John. R. 528; 2 Penna. R. 325. 

MISE, English law. In a writ of right which is intended to be tried by the 
grand assize, the general issue is called the mise. Lawes, Civ. Pl. 111; 7 
Cowen, 51. This word also signifies expenses, and it is so commonly used in 
the entries of judgments in personal actions; as when the plaintiff 
recovers, the judgment is quod recuperet damna sua for such value, and pro 
mises et custagiis for costs and charges for so much, &c. 

MISERABILE DEPOSITUM, civ. law. The name of an involuntary deposit, made 
under pressing necessity; as, for instance, shipwreck, fire, or other 
inevitable calamity. Poth. Proced. Civ. 5eme part., ch. 1, Sec. 1 Louis. 
Code, Sec. 2935. 

MISERICORDIA, mercy. An arbitrary or discretionary amercement.
     2. To be in mercy, is to be liable to such punishment as the judge may 
in his discretion inflict. According to Spelman, misericordia is so called, 
because the party is in mercy, and to distinguish this fine from 
redemptions, or heavy fines. Spelm. GI. ad voc.; see Co. Litt. 126 b, and 
Madox's Excheq. c. 14. See Judgment of Misericordia. 

MISFEASANCE, torts, contracts. The performance of an act which might 
lawfully be done, in an improper manner, by which another person receives an 
injury. It differs from malfeasance, (q.v.) or, nonfeasance (q.v.) Vide, 
generally, 2 Vin. Ab. 35; 2 Kent, Com. 443; Doct. Pl. 62; Story, Bail. Sec. 
9. 
     2. It seems to be settled that there is a distinction between 
misfeasance and nonfeasance in the case of mandates. In cases of 
nonfeasance, the mandatary is not generally liable, because his undertaking 
being gratuitous, there is no consideration to support it; but in cases of 
misfeasance, the common law gives a remedy for the injury done, and to the 
extent of that injury. 5 T. R. 143; 4 John. Rep. 84; Story, Bailment, Sec. 
165; 2 Ld. Raym. 909, 919, 920; 2 Johns. Cas. 92; Doct. & Stu. 210; 1 Esp. 
R. 74; 1 Russ. Cr. 140; Bouv. Inst. Index h.t. 

MISJOINDER, pleading. Misjoinder of causes of action, or counts, consists in 
joining, in different counts in one declaration, several demands, which the 
law does not permit to be joined, to enforce several distinct, substantive 
rights of recovery; as, where a declaration joins a count in trespass with 
another in case, for distinct wrongs or a count in tort, with another in 
contract. Gould. 6n PI. c. 4, Sec. 98; Archb. Civ. PI. 61, 78 176; Serg. and 
Rawle, 358; Dane's Ab. Index, h.t. 
     2. Misjoinder of parties, consists in joining as plaintiffs or 
defendants, persons, who have not a joint interest. When the misjoinder 
relates to the plaintiffs, the defendants may, at common law, plead the 
matter in abatement, whether the action be real; 12 H. IV., 15; personal; 
Johns. Ch. R. 350, 438; 12 John. R. 1; 2 Mass. R. 293; or mixed; or it will 
be good cause of nonsuit at the trial. 3 Bos. & Pull. 235. Where the 
objection appears upon the face of the declaration, the defendant may demur 
generally; 2 Saund. 145; or move in arrest of judgment; or bring a writ of 
error. 
     3. When in actions ex contractu against several, there is a misjoinder 
of the defendants, as if there be too many persons made defendants, and the 
objection appears on the pleadings, either of the defendants may demur, move 
in arrest of judgment, or support a writ of error; and, if the objection do 
not appear on the pleadings, the plaintiff may be nonsuited upon the trial, 
if he fail in proving a joint contract. 5 Johns. R. 280; 2 Johns. R. 213; 11 
Johns. R. 101; 5 Mass. R. 270. 
     4. In actions ex delicto, the misjoinder cannot in general be objected 
to, because in actions for torts, one defendant may be found guilty and the 
others acquitted. Archb. Civ. Pl. 79. As to the cases in which a misjoinder 
may be aided by a nolle prosequi, see 2 Archb. Pr. 218-220. 

MISNOMER. The act of using a wrong name.
     2. Misnomers, may be considered with regard to contracts, to devises 
and bequests, and to suits or actions. 
     3.-1. In general, when the party can be ascertained, a mistake in the 
name will not avoid the contract. 11 Co. 20, 21; Lord Raym. 304; Hob. 125. 
Nihil facit error nominis, cum de corpori constat, is the rule of the civil 
law. 
     4.-2. Misnomers of legatees will not in general avoid the legacy, 
when tho person intended can be ascertained from the context. Example: 
Thomas Stockdale bequeathed "to his nephew Thomas Stockdale, second son of 
his brother John Stockdale," 1000œ, John had no son named Thomas, his second 
son was named William, and he claimed the legacy. It was determined, in his 
favor, because the mistake of the name was obviated by the correct 
description given of the person, namely, the second son of John Stockdale. 
19 Ves. 381; S. C. Coop. 229; and see Ambl. 175; 3 Leon. 18; Co; Litt. 3 a; 
Finch's R. 403; Domat l. 4, t. 2, s. 1, n. 22; 1 Rop. Leg. 131. 
     5.-3. Misnomers in suits or actions, when the mistake is in the name 
of one of the parties, must be pleaded in abatement; 1 Chit. Pl. 440; 1 
Mass. 76; 5 Mass. 97; 15 Mass. 469; 16 Mass: 146; 10 S. & R. 257; 4 Cowen, 
R. 148; Coxe, 138; 6 Munf. 219; 2 Wash. C. C. R. 200; 2 Penna. R. 984; 5 
Halst. R. 295; 1 Pen. R. 75, 137; 6 Munf. 580; 3 Caines, 170; 1 Tayl. R. 
148; 8 Yerg. 101; Harp. R. 49; for the misnomer of one of the parties sued 
is not material on the general issue, when the identity is proved. 16 East, 
R. 110. 
     6. The names of third persons must, be correctly laid, for the error 
will not be helped by pleading the general issue; but, if a sufficient 
description be given, it has been held, in a civil case, that the misnomer 
was immaterial. Example: in an action for medicines alleged to have been 
furnished to defendant's wife, Mary, and his wife was named Elizabeth, the 
misnomer was held to be immaterial, the word wife being the material word. 2 
Marsh. R. 159. In indictments, the names of third persons must be correctly 
given. Rose. Cr. Ev. R. 78. Vide, generally, 18 E. C. L. R. 149; 10 East, R. 
83, n; Bac. Ab. h.t.; Dane's Ab. h.t.; 1 Vin. Ab. 7; 15 Vin. Ab. 466; 2 
Phil, Ev. 2, note b; Bac. Ab. Abatement, D; Archb. Civ. Pl. 305; 1 Metc. & 
Perk. Dig. Abatement, V; and this Dictionary, Abatement; Contracts; Parties 
to Contracts; Parties to Actions. 

MISPLEADING. Pleading incorrectly, or omitting anything in pleading which is 
essential to the support or defence of an action, is so called. 
     2. Pleading not guilty to an action of debt, is an example of the 
first; and when the plaintiff sets out a title not simply in a defective 
manner, but sets out a defective title, is an example of the second. See 3 
Salk. 365. 

MISPRISION, crim. law. 1. In its larger sense, this word is used to signify 
every considerable misdemeanor, which has not a certain name given to it in 
the law; and it is said that a misprision is contained in every treason or 
felony whatever. 2. In its narrower sense it is the concealment of a crime. 
     2. Misprision of treason, is the concealment of treason, by being 
merely passive; Act of Congress of April 30, 1790, 1 Story's L. U. S. 83; 1 
East, P. C. 139; for if any assistance be given, to the traitor, it makes 
the party a principal, as there is no accessories in treason. 
     3. Misprision of felony, is the like concealment of felony, without 
giving any degree of maintenance to the felon; Act of Congress of April 30, 
1790, s. 6, 1 Story's L. U. S. 84; for if any aid be given him, the party 
becomes an accessory after the fact. 
     4. It is the duty of every good citizen, knowing of a treason or felony 
having been committed; to inform a magistrate. Silently to observe the 
commission of a felony, without using any endeavors to apprehend the 
offender, is a misprision. 1 Russ. on Cr. 43; Hawk. P. C. c. 59, s. 6; Id. 
Book 1, c. s. 1; 4 Bl. Com. 119. 
     5. Misprisions which are merely positive, are denominated contempts or 
high misdemeanors; as, for example, dissuading a witness from giving 
evidence. 4 Bl. Com. 126. 

MISREADING, contracts. When a deed is read falsely to an illiterate or blind 
man, who is a party to it, such false reading amounts to a fraud, because 
the contract never had the assent of both parties. 5 Co. 19; 6 East, R. 309; 
Dane's Ab. c. 86, a, 3, Sec. 7; 2 John. R. 404; 12 John. R. 469; 3 Cowen, R. 
537. 

MISRECITAL, contracts, pleading. The incorrect recital of a matter of fact, 
either in an agreement or a plea; under the latter term is here understood 
the declaration and all the subsequent pleadings. Vide Recital, and the 
cases there cited; and Bac. Ab. Pleas, &c. B. 5, n. 3. 

MISREPRESENTATION, contracts. The statement made by a party to a contract, 
that a thing relating to it is in fact in a particular way, when he knows it 
is not so. 
     2. The misrepresentation must be both false and fraudulent, in order to 
make the party making it, responsible to the other for damages. 3 Com. R. 
413; 10 Mass. R. 197; 1 Rep. Const. Court, 328, 475, Yelv. 21 a, note l; 
Peake's Cas. 115; 3 Campb. 154; Marsh. Ins. B. 1, c. 10, s. 1. And see 
Representation. It is not every misrepresentation which will make a party 
liable; when a mere misstatement of a fact has been erroneously made, 
without fraud, in a casual, improvident communication, respecting a matter 
which the person to whom the communication was made, and who had an interest 
in it, should not have taken upon trust, but is bound to inquire himself, 
and had the means of ascertaining the truth, there would be no 
responsibility; 5 Maule & Selw. 380; 1 Chit. Pr. 836; 1 Sim. R. 13, 63; and 
when the informant was under no legal pledge or obligation as to the precise 
accuracy and correctness of his statement, the other party can maintain no 
action for the consequences of that statement, upon which it was his 
indiscretion to place reliance. 12 East, 638; see also, 2 Cox, R. 134; 13 
Ves. 133; 3 Bos. & Pull. 370; 2 East, 103; 3 T. R, 56, 61; 3 Bulstr. 93; 6 
Ves. 183; 3 Ves. & Bea. 110; 4 Dall. R. 250. Vide Concealment; 
Representation; Suggestio falsi; Suppressio veri. 

MISSING SHIP, mar. law. When a ship or other vessel has been at sea for a 
much longer time than she ought to have been, she is presumed to have 
perished there with all on board, and such a vessel is called a missing 
ship. 
     2. There is no precise time fixed as to when the presumption is to 
arise, and this must depend upon the circumstances of each case. 2 Str. R. 
1199; Park. Ins. 63; Marsh. Ins. 488; 2 Johns. R. 150; 1 Caines' R. 525; 
Holt's N. P. Rep. 242. 

MISSISSIPPI. The name of one of the new states of the United States of 
America. This state was admitted into the Union, by a resolution of 
congress, passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by 
which it is "Resolved, that the state of Mississippi, shall be one, and is 
hereby declared to be one of the United States of America, and admitted into 
the Union on an equal footing with these original states, in all respects 
whatever." 
     2. The constitution of this state was adopted at the town of 
Washington, the 15th day of August, 1817. It was revised by a convention, 
and adopted on the 26th day of October, 1832, when it went into operation. 
     3. By the second article of the constitution, a provision is made for 
the distribution of powers as follows, namely; 
     Sec. 1. The powers of the government of the state of Mississippi, shall 
be divided into three distinct departments, and each of them confided to a 
separate body of magistracy; to wit; those which are, legislative to one, 
those which are judicial to another, and those which are executive to 
another. 
     4.-2. No person, or collection of persons, being of one of these 
departments, shall exercise any power properly belonging to either of the 
others, except in the instances hereinafter expressly directed or permitted. 
     5.-1st. The legislative power of this state is vested in two distinct 
branches the one styled "the senate" the other, "the house of 
representatives;" and both together, "the legislature of the state of 
Mississippi. 
     6. The following regulations, contained in the third article of the 
constitution, apply to both branches of the legislature. 
     7.-Sec. 16. Each house may determine the rules of its own proceedings 
punish members for disorderly behaviour, and, with the consent of two-
thirds, expel a member, but not a second time for the same cause; and shall 
have all other powers necessary for a branch of the legislature of a free 
and independent state. 
     8.-Sec. 17. Each house shall keep a journal of its proceedings, and 
publish the same; and the yeas and nays of the members of either house, on 
any question, shall, at the desire of any three members present, be entered 
on the journal. 
     9.-Sec.  18. When vacancies happen in either house, the governor, or 
the person exercising the powers of the governor, shall issue writs of 
election to fill such vacancies. 
    10.-Sec. 19. Senators and representatives shall, in all cases, except 
of treason, felony, or breach of the peace, be privileged from arrest during 
the session of the legislature and in going to and returning from the same, 
allowing one day for every twenty miles such member may reside from the 
place at which the legislature is convened. 
    11.-Sec. 20. Each house may punish, by imprisonment, during the 
session, any person, not a member, for disrespectful or disorderly behaviour 
in its presence, or for obstructing any of its proceedings: Provided, such 
imprisonment shall not, at any one time, exceed forty-eight hours. 
    12.-Sec. 21. The doors of each house shall be open, except on such 
occasions of great emergency, as, in the opinion of the house, may require 
secrecy. 
    13.-Sec. 22. Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in which 
they may be sitting. 
    14.-Sec. 23. Bills may originate in either house, and be amended, 
altered or rejected by the other, but no bill shall have the force of a law, 
until on three several days, it be read in each house, and free discussion 
be allowed thereon, unless four-fifths of the house in which the bill shall 
be pending, may deem it expedient to dispense with this rule; and every bill 
having passed both houses, shall be signed by the speaker and president of 
their respective houses. 
    15.-Sec. 24. All bills for raising revenue shall originate in the 
house of representatives, but the senate may amend or reject them as other 
bills. 
    16.-Sec. 25. Each member of the legislature shall receive from the 
public treasury a compensation for his services, which may be increased or 
diminished by law, but no increase of compensation shall take effect during 
the session at which such increase shall have been made. 
    17.-Sec. 26. No senator or representative shall, during the term for 
which be shall have been elected, nor for one year thereafter, be appointed 
to any civil office of profit under this state, which shall have been 
created, or the emoluments of which shall have been increased, during such 
term, except such offices as may be filled, by elections by the people; and 
no member of either house of the legislature shall, after the commencement 
of the first session of the legislature after his election and during the 
remainder of the term for which he is elected, be eligible to any office or 
place, the appointment to which may be made in whole or in part by either 
branch of the legislature. 
    18.-Sec. 27. No judge of any court of law or equity, secretary of 
state, attorney general, clerk of any court of record, sheriff or collector, 
or any, person holding a lucrative office under the United States or this 
state, shall be eligible to the legislature: Provided, That offices in the 
militia, to which there is attached no annual salary, and the office of 
justice of the peace, shall not be deemed lucrative. 
    19.-Sec. 28. No person who hath heretofore been, or hereafter may be, 
a collector or holder of public moneys, shall have a seat in either house of 
the legislature, until such person shall have accounted for, and paid into 
the treasury, all sums for which he may be accountable. 
    20.-Sec. 29. The first election for senators and representatives shall 
be general throughout the state, and shall be held on the first Monday and 
day following in November 1833; and thereafter, there shall be biennial 
elections for senators to fill the places of those whose term of service may 
have expired. 
     21.-Sec. 30. The first and all future sessions of the legislature 
shall be held in the town of Jackson, in the county of Hinds, until the year 
1850. During the first session thereafter, the legislature shall have power 
to designate by law the permanent seat of government: Provided, however, 
That unless such designation be then made by law, the seat of government 
shall continue permanently at the town of Jackson. The first session shall 
commence on the third Monday in November, in the year 1833. And in every two 
years thereafter, at such time as may be prescribed by law. 
    22.-1. The senate. Under this lead will be considered the 
qualification of senators; their number; by whom they are elected; the time 
for which they are elected. 
     1. No person shall be a senator unless he be a citizen of the United 
States; and shall have been an inhabitant of this state for four years next 
preceding his election, and the last year thereof a resident of the district 
for which he shall be chosen, and have attained the age of thirty years. 
Art. 3, s. 14. 
     2. The number of senators shall never be less than one-fourth, nor more 
than one-third, of the whole number of representatives. Art. 3, s. 10. 3. 
The qualifications of electors is as follows: every free white male person 
of the age of twenty-one years or upwards, who shall be a citizen of the 
United States, and shall have resided in this state one year next preceding 
an election, and the last four months within the county, city, or town in 
which he offers to vote, shall be deemed a qualified elector. Art. 3, s. 1. 
4. The senators shall be chosen for four years, and on their being convened 
in consequence of the first election, they shall be divided by lot from 
their respective districts into two classes, as nearly equal as can be. And 
the seats of the senators of the first class shall be vacated at the 
expiration of the second year. 
    23.-2. The house of representatives, will be considered in the same 
order that has been observed in relation, to the senate. 1. No person shall, 
be a representative unless he be a citizen of the United States, and shall 
have been an inhabitant of this state two years next preceeding his 
election, and the last year thereof a resident of the county, city or town 
for which be shall be chosen; and shall have attained the age of twenty-one 
years. Art. 3, s. 7. 2. The number of representatives shall not be less than 
thirty-six, nor more than one hundred. Art. 3, s. 9. 3. They are elected by 
the same electors who elect senators. Art. 3, s. 1. 4. The representatives 
are chosen every two years on the first Monday and day following in 
November. They serve two years from the day of the commencement of the 
general election and no longer. Art. 3, s. 5, and 6. 
    24.-2d. The judicial power. By the fourth article of the constitution, 
the judicial power is distributed as follows, namely: 
    Sec. 1. The judicial power of this state shall be vested in one high 
court of errors and appeals, and such other courts of law and equity as are 
hereafter provided for in this constitution. 
    25.-Sec. 2. The high court of errors and appeals shall consist of 
three judges, any two of whom shall form a quorum. The legislature shall 
divide the state into three districts, and the qualified electors of each 
district shall elect one of said judges for the term of six years. 
    26.-Sec. 3. The office of one of said judges shall be vacated in two 
years, and of one in four years, and of one in six years, so that at the 
expiration of every two years, one of said judges shall be elected as 
aforesaid. 
    27.-Sec. 4. The high court of errors and appeals shall have no 
jurisdiction, but such as properly belongs to a court of errors and appeals. 
    28.-Sec. 5. All vacancies that may occur in said court, from death, 
resignation or removal, shall be filled by election as aforesaid. Provided, 
however, that if the unexpired term do not exceed one year, the vacancy 
shall be filled by executive appointment. 
    29.-Sec. 6. No person shall be eligible to the office of judge of the 
high court of errors and appeals, who shall not have attained, at the time 
of his election, the age of thirty years. 
    30.-Sec. 7. The high court of errors and appeals shall be held twice 
in each year, at such place as the legislature shall direct, until the year 
eighteen hundred and thirty-six, and afterwards at the seat of government of 
the state. 
    31.-Sec. 8. The secretary of state, on receiving all the official 
returns of the first election, shall proceed, forthwith, in the presence and 
with the assistance of two justices of the peace, to determine by lot among 
the three candidates having the highest number of votes, which of said 
judges elect shall serve for the term of two years, which shall serve for 
the term of four years, and which shall serve for the term of six years, and 
having so determined the same, it shall be the duty of the governor to issue 
commissions accordingly. 
    32.-Sec. 9. No judge shall sit on the trial of any cause when the 
parties or either of them shall be connected with him by affinity or 
consanguinity, or when he may be interested in the same, except by consent 
of the judge and of the parties; and whenever a quorum of said court are 
situated as aforesaid, the governor of the state shall in such case 
specially commission two or more men of law knowledge for the determination 
thereof. 
    33.-Sec. 10. The judges of said court shall, receive for their 
services a compensation to be fixed by law, which shall not be diminished 
during their continuance in office. 
    34.-Sec. 11. The judges of the circuit court shall be elected by the 
qualified electors of each judicial district, and hold their offices for the 
term of four years, and reside in their respective districts. 
    35.-Sec. 12. No person shall be eligible to the office of judge of the 
circuit court, who shall not, at the time of his election, have attained the 
age of twenty-six years. 
    36.-Sec. 13. The state shall be divided into convenient districts, and 
each district shall contain not less than three nor more than twelve 
counties. 
    37.-Sec. 14. The circuit court shall have original jurisdiction in all 
matters, civil and criminal, within this state; but in civil cases only when 
the principal of the sum in controversy exceeds fifty dollars. 
    38.-Sec. 15. A circuit court shall be held in each county of this 
state, at least twice in each year; and the judges of said courts shall 
interchange circuits with each other, in such manner as may be prescribed by 
law, and shall receive for their services a compensation to be fixed by law, 
which shall not be diminished during their continuance in office. 
    39.-Sec. 16. A separate superior court of chancery, shall be 
established, with full jurisdiction in all matters of equity; Provided, 
however, the legislature may give to the circuit courts of each county 
equity jurisdiction in all cases where the value of the thing, or amount in 
controversy, does not exceed five hundred dollars; also, in all cases of 
divorce, and for the foreclosure of mortgages. The chancellor shall be 
elected by the qualified electors of the whole state, for the term of six 
years, and shall be at least thirty years old at the time of his election. 
    40.-Sec. 17. The style of all process, shall be "The state of 
Mississippi," and all prosecutions shall be carried on in the name and by 
the authority of "The state of Mississippi," and shall conclude "against the 
peace and dignity of the same." 
    41.-Sec. 18. A court of probates shall be established in each county 
of this state, with jurisdiction in all matters testamentary and of 
administration in orphans' business and the allotment of dower, in cases of 
idiocy and lunacy, and of persons non compos mentis; the judge of said 
court shall be elected by the qualified electors of the respective counties, 
for the term of two years. 
    42.-Sec. 19. The clerk of the high court, of errors and appeals shall 
be appointed by said court, for the term of four years, and the clerks of 
the circuit, probate, and other inferior courts, shall be elected by the 
qualified electors of the respective counties, and shall hold their offices 
for the term of two years. 
    43.-Sec. 20. The qualified electors of each county shall elect five 
persons for the term of two years, who shall constitute a board of police 
for each county, a majority of whom may transact business; which body shall 
have full jurisdiction over roads, highways, ferries, and bridges, and all 
other matters of county police, and shall order all county elections to fill 
vacancies that may occur in the offices of their respective counties: the 
clerk of the court of probate shall be the clerk of the board of county 
police. 
    44.-Sec. 21. No person shall be eligible as a member of said board, 
who shall not have resided one year in the county: but this qualification 
shall not extend to such new counties as may hereafter be established until 
one year after their organization; and all vacancies that may occur in said 
board shall be supplied by election as aforesaid to fill the unexpired term. 
    45.-Sec. 22. The judges of all the courts of the state, and also the 
members of the board of county police, shall in virtue of their offices be 
conservators of the peace, and shall be by law vested with ample powers in 
this respect. 
    46.-Sec. 23. A competent number of justices of the peace and 
constables shall be chosen in each county by the qualified electors thereof, 
by districts, who shall hold their offices for the term of two years. The 
jurisdiction of justices of the peace shall be limited to causes in which 
the principal of the amount in controversy shall not exceed fifty dollars. 
In all causes tried by a justice of the peace, the right of appeal shall be 
secured under such rules and regulations as shall be prescribed by law. 
    47.-Sec. 24. The legislature may from time to time establish, such 
other inferior courts as may be deemed necessary, and abolish the same 
whenever they shall deem it expedient. 
    48.-Sec. 25. There shall be an attorney general elected by the 
qualified electors of the state: and a competent number of district 
attorneys shall be elected by qualified voters of their respective 
districts, whose compensation and term of service, shall be prescribed by 
law. 
    49.-Sec. 26. The legislature shall, provide by law for determining 
contested elections of judges of the high court of errors and appeals, of 
the circuit and probate courts, and other officers. 
    50.-Sec. 27. The judges of the several courts of this state, for 
willful neglect of duty or other reasonable cause, shall be removed by the 
governor on the address of two-thirds of both houses of the legislature; the 
address to be by joint vote of both houses. The cause or causes for which 
such removal shall be required, shall be stated at length in such address, 
and on the journals of each house. The judge so intended to be removed, 
shall be notified and admitted to a hearing in his own defence before any 
vote for such address shall pass; the vote on such address shall be taken by 
yeas and nays, and entered on the journals of each house. 
    51.-Sec. 28. Judges of probate, clerks, sheriffs, and other county 
officers, for willful neglect of duty, or misdemeanor in office, shall be 
liable to presentment or indictment by a grand jury, and trial by a petit 
jury, and upon conviction shall be removed from office. 
    52.-3d. The chief executive power of this state shall be vested in a 
governor. It will be proper to consider his qualifications; by whom he is 
elected; the time for which he is elected; his rights, duties and powers; 
and how, vacancies are supplied when the office of governor becomes vacant. 
    53.-1. The governor shall be at least thirty years of age, shall have 
been a citizen of the United States for twenty years, shall have resided in 
this state at least five years next preceding the day of his election, and 
shall not be capable of holding the office more than four in any term of six 
years. Art. 5, s. 3. 
    54.-2. The governor shall be elected by the qualified elector's of the 
state. Art. 5, s. 2. 
    55.-3. He shall hold his office for two years from the time of his 
installation. Art 5, s. 1. 
    56.-4. He shall, at stated times, receive for his services a 
compensation which shall not be increased or diminished during the term for 
which he shall be elected. Art. 5 s. 4. 
    57.-5. He shall be commander-in-chief of the army and navy in this 
state, and of the militia, except when they shall be called into the service 
of the United States. Art. 5, s. 5. 
    58.-6. He may require information in writing, from the officers in the 
executive department, on any subject relating to the duties of their 
respective offices. Art. 5, s. 6. 
    59.-7. He may, in cases of emergency, convene the legislature at the 
seat of government, or at a different place, if that shall have become, 
since their last adjournment, dangerous from an enemy or from disease; and 
in case of disagreement between the two houses with respect to the time of 
adjournment, adjourn them to such time as he shall think proper, not beyond 
the day of the next stated meeting of the legislature. Art. 5, s. 7. 
    60.-8. He shall from time to time give to the legislature information 
of the state of the government, and recommend to their consideration, such 
measures as he may deem necessary and expedient. Art. 5, s. 8. 
    61.-9. He shall take care that the laws be faithfully executed. Art. 
5, s. 9. 
    62.-10. In all criminal and penal cases, except in those of treason 
and impeachment, he shall have power to grant reprieves and pardons, and 
remit fines; and in cases of forfeiture to stay the collection until the end 
of the next session of the legislature, and to remit forfeitures by and with 
the advice and consent of the senate. In cases of treason he shall have 
power to grant reprieves by and with the advice and consent of the senate, 
but may respite the sentence until the end of the next session of the 
legislature. Art. 5, s. 10. 
    63.-11. All commissions shall be in the name and by the authority of 
the state of Mississippi; be sealed with the great seal, and signed by the 
governor, and be attested by the secretary of state. The governor is also 
invested with the veto power. Art. 5, s. 15 and 16. 
    64. Whenever the office of governor shall become vacant by death, 
resignation, removal from office, or otherwise, the president of the senate 
shall exercise the office of governor until another governor shall be duly 
qualified; and in case of the death, resignation, removal from office, or 
other disqualifications of the president of the senate so exercising the 
office of governor, the speaker of the house of representatives shall 
exercise the office, until a president of the senate shall have been chosen; 
and when the office of governor, president of the senate, and speaker of the 
house shall become vacant, in the recess of the senate, the person acting as 
secretary of state for the time being, shall by proclamation convene the 
senate, that a president may be chosen to exercise the office of governor. 
Art. 5, s. 17. 

MISSOURI. The name of one of the new states of the United States of America. 
This state was admitted into the Union by a resolution of congress, approved 
March 2, 1821, 3 Story's L. U. S. 1823, by which it is resolved, that 
Missouri shall be admitted into this Union on an equal footing with the 
original states, in all respects whatever. To this resolution there is a 
condition, which having been fulfilled, it is now useless here to repeat. 
     2. The convention which formed the constitution of this state assembled 
at St. Louis, on Monday the 12th of June, 1820, and continued by 
adjournment, till the 19th day of July, 1820, when the constitution was 
adopted, establishing "an independent republic by the name of the `state of 
Missouri.'" 
     3. The powers of the government are divided into three distinct 
departments, each of which is confided to a separate magistracy. Art. 2. 
     4.-1st. The legislative power is vested in a general assembly, which 
consists of a senate and house of representatives. 1. The senate is to 
consist of not less than fourteen nor more than thirty-three members. The 
senators are chosen by tho electors for the term of four years; one-half of 
the senators are chosen every second year. 2. The house of representatives 
is never to consist of more than one hundred members. The members are chosen 
by the qualified electors every second year. 
     5.-2d. The executive power is vested in a governor and lieutenant-
governor. 1. The supreme executive power is vested in a chief magistrate, 
styled "the governor of the state of Missouri." Art. 4, s. 1, He is elected  
by the people, and holds his office for four years, and until a successor be 
duly appointed and qualified. Art. 4, s. 3. He is invested with the veto 
power. Art. 4, s. 10. The lieutenant-governor is elected at the same time, 
in the same manner, for the same term, and is required to possess the same 
qualifications as the governor. Art. 4, s. 14. He is by virtue of his office 
president of the senate, and when the office of governor becomes vacant by 
death, resignation, absence from the state, removal from office, refusal to 
qualify, or otherwise, the lieutenant-governor possesses all the powers and 
discharges all the duties of governor until such vacancy be filled, or the 
governor, so absent or impeached, shall return or be acquitted. And in such 
case there shall be a new election after three months previous notice. 
     6.-3d. The judicial powers are vested by the 5th article of the 
constitution as follows: 
     Sec. 1. The judicial powers, as to matters of law and equity, shall be 
vested in a "supreme court," in a "chancellor," in "Circuit courts," and in 
such inferior tribunals as the general assembly may, from time to time, 
ordain and establish. 
     7.-2. The supreme court, except in cases otherwise directed by this 
constitution, shall have appellate jurisdiction only, which shall be 
coextensive with the state, under the restrictions and limitations in this 
constitution provided. 
     8.-3. The supreme court shall have a general superintending control 
over all inferior courts of law. It shall have power to issue writs of 
habeas corpus, mandamus, quo warranto, certiorari, and other original 
remedial writs; and to hear and determine the same. 
     9.-4. The supreme court shall consist of three judges, any two of 
whom shall be a quorum, and the said judges shall be conservators of the 
peace throughout the state. 
    10.-5. The state shall be divided into convenient districts, not to 
exceed four; in each of which the supreme court shall hold two sessions 
annually, at such place as the general assembly shall appoint; and when 
sitting in either district, it shall exercise jurisdiction over causes 
originating in that district only: provided, however, that the general 
assembly may, at any time hereafter, direct by law, that the said court 
shall be held at one place only. 
    11.-6. The circuit court shall have jurisdiction over all criminal 
cases which shall not be otherwise provided for by law; and exclusive 
original jurisdiction in all civil cases which shall not be cognizable 
before justices of the peace, until otherwise directed by the general 
assembly. It shall hold its terms in such place in each county as may be by 
law directed. 
    12.-7. The state shall be divided into convenient circuits, for each 
of which a judge shall be appointed, who, after his appointment, shall 
reside, and be a conservator of the peace, within the circuit for which he 
shall be appointed. 
    13.-8. The circuit courts shall exercise a superintending control over 
all such inferior tribunals as the general assembly may establish; and over 
justices of the peace in each county in their respective circuits. 
    14.-9. The jurisdiction of the court of chancery shall be co-extensive 
with the state and the times and places of holding its sessions shall be 
regulated in the same manner as those of the supreme court. 
    15.-10. The court of chancery shall have original and appellate 
jurisdiction in all matters of equity, and a general control over executors, 
administrators, guardians, and minors, subject to appeal, in all cases, to 
the supreme court, under such limitations as the general assembly may by law 
provide. 
    16.-11. Until the general assembly shall deem it expedient to 
establish inferior courts of chancery, the circuit courts shall have 
jurisdiction in matters of equity, subject to appeal to the court of 
chancery, in such manner, and under such restrictions, as shall be 
prescribed by law. 
    17.-12. Inferior tribunals shall be established in each county, for 
the transaction of all county business; for appointing guardians; for 
granting letters testamentary, and of administration; and for settling the 
accounts of executors, administrators, and guardians. 
    18.-13. The governor shall nominate, and, by and with the advice and 
consent of the senate, appoint the judges of the supreme court, the judges 
of the circuit courts, and the chancellor, each of whom shall hold his 
office during good behaviour, and shall receive for his services a 
compensation, which shall not be diminished during his continuance in 
office, and which shall not be less than two thousand dollars annually. 
    19.-14. No person shall be appointed a judge in the supreme court, nor 
of a circuit court, nor chancellor, before he shall have attained to the age 
of thirty years; nor shall any person continue to exercise the duties of any 
of said offices after he shall have attained to the age of sixty-five years. 
    20.-15. The courts respectively shall appoint their clerks, who shall 
hold their offices during good behaviour. For any misdemeanor in office, 
they shall be liable to be tried and removed by the Supreme court, in such 
manner as the general assembly shall by law provide. 
    21.-16. Any judge of the supreme court, or of the circuit court, or 
the chancellor, may be removed from office on the address of two-thirds of 
each house of the general assembly to the governor for that purpose; but 
each house shall state on its respective journal the cause for which it 
shall wish the removal of such judge or chancellor, and give him notice 
thereof; and he shall have the right to be heard in his defence in such 
manner as the general assembly shall by law direct; but no judge nor 
chancellor shall be removed in this manner for any cause for which he might 
have been impeached. 
    22.-17. In each county there shall be appointed as many justices of 
the peace as the public good may be thought to require. Their powers and 
duties, and their duration in office, shall be regulated by law. 
    23.-18. An attorney general shall be appointed by the governor, by and 
with the advice and consent of the senate. He shall remain in office four 
years, and shall perform such duties as shall be required of him by law. 
    24.-19. All writs and process shall run, and all prosecutions shall be 
conducted in the name of the "state of Missouri;" all writs shall be tested 
by the clerk of the court from which they shall be issued, and all 
indictments shall conclude, "against the peace and dignity of the state." 

MISTAKE, contracts. An error committed in relation to some matter of fact 
affecting the rights of one of the parties to a contract. 
     2. Mistakes in making a contract are distinguished ordinarily into, 
first, mistakes as to the motive; secondly, mistakes as to the person, with 
whom the contract is made; thirdly, as to the subject matter of the 
contract; and, lastly, mistakes of fact and of law. See Story, Eq. Jur. Sec. 
110; Bouv. Inst. Index, h.t.; Ignorance; Motive. 
     3. In general, courts of equity will correct and rectify all mistakes 
in deeds and contracts founded on good consideration. 1 Ves. 317; 2 Atk. 
203; Mitf. Pl. 116; 4 Vin. Ab. 277; 13 Vin. Ab. 41; 18 E. Com. Law Reps. 14; 
8 Com. Digest, 75; Madd. Ch. Prac. Index, h.t.; 1 Story on Eq. ch. 5, p. 
121; Jeremy's Eq. Jurisd. B. 3, part 2, p. 358. See article Surprise. 
     4. As to mistakes in the names of legatees, see 1 Rop. Leg. 131; Domat, 
l. 4, t. 2, s. 1, n. 22. As to mistakes made in practice, and as to the 
propriety or impropriety of taking advantage of them, see Chitt. Pr. Index, 
h.t. As to mistakes of law in relation to contracts, see 23 Am. Jur. 146 to 
166. 

MISTRIAL. An erroneous trial on account of some defect in the persons 
trying, as if the jury come from the wrong county or because there was no 
issue formed, as if no plea be entered; or some other defect of 
jurisdiction. 3 Cro. 284; Hob. 5; 2 M. & S. 270. 

MISUSE OF PROPERTY. The unlawful use of property. 
     2. The misuse of personal property delivered lawfully to the defendant, 
is a conversion which will enable the owner immediately to maintain trover. 
6 Shepl. 382; 8 Leigh, 565; 3 Bouv. Inst. n. 3525. 

MISUSER. An unlawful use of a right. 
     2. In cases of public officers and corporations, a misuser is 
sufficient to cause the right to be forfeited. 2 Bl. Com. 153; 5 Pick. R. 
163. 

MITIGATION. To make less rigorous or penal. 
     2. Crimes are frequently committed under circumstances which are not 
justifiable nor excusable, yet they show that the offender has been greatly 
tempted; as, for example, when a starving man steals bread to satisfy his 
hunger, this circumstance is taken into consideration in mitigation of his 
sentence. 
     3. In actions for damages, or for torts, matters are frequently proved 
in mitigation of damages. In an action for criminal conversation with the 
plaintiff's wife, for example, evidence may be given of the wife's general 
bad character for want of chastity; or of particular acts of adultery 
committed by her, before she became acquainted with the defendant; 12 Mod. 
R. 232; Bull. N. P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the 
plaintiff has carried on a criminal conversation with other women; Bull. N. 
P. 27; or that the plaintiff's wife has made the first advances to the 
defendant, 2 Esp. N. P. C. 562; Selw. N. P. 25. See 3 Am. Jur. 287, 313; 
Bouv. Inst. Index, h.t.  
     4. In actions for libel, although the defendant cannot under the 
general issue prove the crime, which is imputed to the plaintiff, yet he is 
in many cases allowed to give evidence of the plaintiff's general character 
in mitigation of damages. 2 Campb. R. 251; 1 M. & S. 284. 

MITIOR SENSUS, construction. The more lenient sense. It was formerly held in 
actions for libel and slander, that when two or more constructions could be 
put upon the words, one of which would not be actionable the words were to 
be so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. 
It is now, however, well established, that they are not to be taken in the 
more lenient, or more severe sense, but in the sense which fairly belongs to 
them, and which they were intended to convey. 2 Campb. 403; 2 T. R. 206. 

MITTER, law-French. To put, to send, or to pass; as mitter' l'estate, to 
pass the estate; mitter le droit, to pass a right. 2 Bl. Com. 324; Bac. Ab. 
Release, C; Co. Lit. 193, 273, b. Mitter a large, to put or, set at large. 
Law French Dict. h.t. 

MITTIMUS, English practice. A writ enclosing a record sent to be tried in a 
county palatine; it derives its name from the Latin word mittimus, "we 
send." It is the jury process of these counties, and commands the proper 
officer of the county palatine to command the sheriff to summon the jury for 
the trial of the cause, and to return the record, &c. 1 M. R. 278; 2 M. R. 
88. 

MITTIMUS, crim. law, practice. A precept in writing, under the hand and seal 
of a justice of the peace, or other competent officer, directed to the 
gaoler or keeper of a prison, commanding him to receive and safely keep, a 
person charged with an offence therein named until he shall be delivered by 
due course of law. Co. Litt. 590. 

MIXED. To join; to mingle. A compound made of several simples is said to be 
something mixed. 

MIXED ACTIONS, practice. An action partaking of a real and personal action 
by which real property is demanded, and damages for a wrong sustained: an 
ejectment is of this nature. 4 Bouv. Inst. n. 3650. 

MIXED OR COMPOUND LARCENY, crim. law. A larceny which has all the properties 
of simple larceny, and is accompanied with one or both the aggravations of 
violence to the person or taking from the house. 

MIXED GOVERNMENT. A government composed of some of the powers of a 
monarchical, aristocratical, and democratical government. See Government. 

MIXED PROPERTY. That kind of property which is not altogether real nor 
personal, but a compound of both. Heir-looms, tomb-stones, monuments in a 
church, and title deeds to an estate, are of this nature. 1 Ch. Pr. 95; 2 
Bl. Com. 428; 3 Barn. Adolph. 174; 4 Bing. R. 106; S. C. 13 Eng. Com. Law 
Rep. 362. 

MIXT CONTRACT, civil law. One in which one of the parties confers a benefit 
on the other, and requires of the latter something of less value than what 
he has given; as a legacy charged with something of less value than the 
legacy itself. Poth. Oblig. n. 12. See Contract. 

MIXTION. The putting of different goods or chattels together in such a 
manner that they can no longer be separated; as putting the wines of two 
different persons into the same barrel, the grain of several persons into 
the same bag, and the like. 2. The intermixture may be occasioned by the 
willful act of the party, or owner of one of the articles; by the willful 
act of a stranger; by the negligence of the owner or a stranger; of by 
accident. See, as to the rights of the parties under each of these 
circumstances, the article Confusion of goods. Vide Aso & Man. Inst. B. 2, 
t. 

MOBBING AND RIOTING, Scotch law. The general term mobbing and rioting 
includes all those convocations of the lieges for violent and unlawful 
purposes, which are attended with injury to the persons or property of the 
lieges, or terror and alarm to the neighborhood in which it takes place. The 
two phrases are usually placed together, but, nevertheless, they have 
distinct meanings, and are sometimes used separately in legal language; the 
word mobbing being peculiarly applicable to the unlawful assemblage and 
violence of a number of persons, and that of rioting to the outrageous 
behaviour of a single individual. Alison, Prin. C. Law of Scotl. c. 23, p. 
509. 

MODEL. A machine made on a small scale to show the manner in which it is to 
be worked or employed. 
     2. The Act of Congress of July 4, 1836, section 6, requires an inventor 
who is desirous to take out a patent for his invention, to furnish a model 
of his invention, in all cases which admit of representation by model, of a 
convenient size to exhibit advantageously its several parts. 

MODERATE CASTIGAVIT, pleading. The name of a plea in trespass by which the 
defendant justifies an assault and battery, because he moderately corrected 
the plaintiff, whom he had a right to correct. 2 Chit. Pl. 676; 2 Bos. & 
Pull. 224. Vide Correction, and 15 Mass. R. 347; 2 Phil. Ev. 147; Bac. Ab. 
Assault, &c. C. 
     2. This plea ought to disclose, in general terms, the cause which 
rendered the correction expedient. 3 Salk. 47. 

MODERATOR. A person appointed to preside at a popular meeting; sometimes he 
is called a chairman. 

MODIFICATION. A change; as the modification of a contract. This may take 
place at the time of making the contract by a condition, which shall have 
that effect; for example, if I sell you one thousand bushels of corn, upon 
condition that any crop shall produce that much, and it produces only eight 
hundred bushels, the contract is modified, it is for eight hundred bushels, 
and no more. 
     2. It may be modified by the consent of both parties, after it has been 
made. See 1 Bouv. Inst. n. 733. 

MODO ET FORMA, pleading. In manner and form. These words are used in 
tendering an issue in a civil case. 
     2. Their legal effect is to put in issue all material circumstances and 
no other, they may therefore be always used with safety. 
     3. These words are sometimes of the substance of the issue and 
sometimes merely words of form. When they are of the substance of the issue, 
they put in issue the circumstances alleged as concommitants of the 
principal matter denied by the pleader, such as time, place, manner, &c. 
When not of the substance of the issue they do not put in issue such 
circumstances. Bac. Ab. Plea, G 1; Lawes' Pl. 120; Hardr. 39. To determine 
when they are of the substance of the issue and when not so, the established 
criterion is, that when the circumstances of manner, time, place, &c. 
alleged in connexion with the principal fact traversed, are originally and, 
in themselves material, and therefore necessary to be proved as stated, the 
words modo et forma are of the substance of the issue, and do, consequently, 
put those concommitants in issue; but that when such concommitants or 
circumstances are not in themselves material, and therefore not necessary to 
be proved as stated, the words modo et forma, are not of the substance of 
the issue, and consequently do not put them in issue. Lawes on Pl. 120; and 
see Gould, Pl. c. 6, Sec. 22; Steph. Pl. 213; Dane's Ab. Index, h.t.; Kitch. 
232. See Bac. Ab. Verdict, P; Vin. Ab. Modo et Forma. 

MODUS, civil law. Manlier; means; way. 

MODUS, eccl. law. Where there is by custom a particular manner of tithing 
allowed, different from the general law of taking tithes in kind, as a 
pecuniary compensation, or the performance of labor, or when any means are 
adopted by which the general law of tithing is altered, and a new method of 
taking them is introduced, it is called a modus decimandi, or special manner 
of taking tithes. 2 Bl. Com. 29. 

MOHATRA, French law. The name of a fraudulent contract, made to cover a 
usurious loan of money. 
     2. It takes place when an individual buys merchandise from another oil 
a credit at a high price, to sell it immediately to the first seller, or to 
a third person, who acts as his agent, at a much less price for cash. 16 
Toull. n. 44; 1 Bouv. Inst. n. 1118. 

MOIETY. The half of anything; as, if a testator bequeath one moiety of his 
estate to A, and the other to B, each shall take an equal part. Joint 
tenants are said to hold by moieties. Lit. 125; 3 M. G. & S. 274, 283 

MOLESTATION, Scotch law, The name of an action competent to the proprietor 
of a landed estate, against those who disturb his possession, It is chiefly 
used in questions of commonty, or, of controverted marches. Ersk. Prin. B. 
4, t. 1, n. 48. 

MOLITER MANUS IMPOSUIT, pleading. In an action of trespass to the person, 
the defendant frequently justifies by pleading that he used no more force 
than was necessary to remove the plaintiff who, was unlawfully in the house 
of the defendant, and for this purpose he gently laid his hands upon him, 
molitur manus imposuit. 
     2. This plea may be used whenever the defendant laid hold of the 
plaintiff to prevent his committing a breach of the peace. 
     3. When supported by evidence, it is a complete defence. Ham. N. P. 
149; 2 Chit. Pl. 574, 576; 12 Vin. Ab. 182; Bac. Abr. Assault and Battery, C 
8. 

MOLITURA. Toll paid for grinding at a mill; multure. Not used. 

MONARCHY, government. That form of government in which the sovereign power 
is entrusted to the hands of a single magistrate. Toull. tit. prel. n. 30. 
The country governed by a monarch is also called a monarchy. 

MONEY. Gold, silver, and some other less precious metals, in the progress of 
civilization and commerce, have become the common standards of value; in 
order to avoid the delay and inconvenience of regulating their weight and 
quality whenever passed, the governments of the civilized world have caused 
them to be manufactured in certain portions, and marked with a Stamp which 
attests their value; this is called money. 1 Inst. 207; 1 Hale's Hist. 188; 
1 Pardess. n. 22; Dom. Lois civ. liv. prel. t. 3, s. 2, n. 6. 
     2. For many purposes, bank notes; (q.v.) 1 Y. & J, 380; 3 Mass. 405; 
14 Mass. 122; 2 N. H. Rep. 333; 17 Mass. 560; 7 Cowen, 662; 4 Pick. 74; 
Bravt. 24; a check; 4 Bing. 179; S. C. 13 E. C. L. R. 295; and negotiable 
notes; 3 Mass. 405; will be so considered. To support a count for money had 
and received, the receipt by the defendant of bank notes, promissory notes: 
3 Mass. 405; 3 Shepl. 285; 9 Pick. 93; John. 132; credit in account, in the 
books of a third person; 3 Campb. 199; or any chattel, is sufficient; 4 
Pick. 71; 17 Mass. 560; and will be treated as money. See 7 Wend. 311; 8 
Wend. 641; 7 S. & R. 246; 8 T. R. 687; 3 B. & P. 559; 1 Y. & J. 380. 
     3. The constitution of the United States has vested in congress the 
power "to coin money, and regulate the value thereof." Art. 1, s. 8. 
     4. By virtue of this constitutional authority, the following provisions 
have been enacted by congress. 
     1. Act of April 2, 1792, 1 Story's L. U. S. 229. 
     1. Sec. 9. That there shall be from time to time, struck and coined at 
the said mint, coins of gold, silver, and copper, of the following 
denominations, values, and descriptions, viz: Eagles; each to be of the 
value of ten dollars, or units, and to contain two hundred and forty-seven 
grains and four-eighths of a grain of pure, or two hundred and seventy 
grains of standard, gold. Half eagles; each to be of the value of five 
dollars, and to contain one hundred and twenty-three grains and six-eighths 
of a pure, or one hundred and thirty-five grains of standard gold. Quarter 
eagles; each to be of the value of two dollars and a half dollar, and to 
contain sixty-one grains and seven-eighths of a grain of pure, or sixty-
seven grains and four-eighths of a grain of standard gold. Dollars, or 
units; each to be of the value of a Spanish milled dollar, as the same is 
now current, and to contain three hundred and seventy-one grains and four-
sixteenth parts of a grain of pure, or four hundred and sixteen grains of 
standard silver. Half dollars; each to be of half the value of the dollar or 
unit, and to contain one hundred and eighty-five grains and ten-sixteenth 
parts of a grain of pure, or two hundred and eight grains of standard, 
silver. Quarter dollars; each to be of one-fourth the value of the dollar, 
or unit, and to contain ninety-two grains and thirteen-sixteenth parts of a 
grain of pure, or one hundred and four grains of standard, silver. Dimes; 
each to be of the value of one-tenth of a dollar, or unit, and to contain 
thirty-seven grains and two sixteenth parts of a grain of pure, or forty-one 
grains and three-fifth parts of a grain of standard, silver. Half dimes; 
each to be of the value of one-twentieth of dollar, and to contain eighteen 
grains and nine-sixteenth parts of a grain of pure, or twenty grains and 
four-fifth parts of a grain of standard, silver. Cents; each to be of the 
value of the one-hundredth part of a dollar, and to contain eleven 
pennyweights of copper. Half cents; each to be of the value of half a cent, 
and to contain five pennyweights and, a half a pennyweight of copper. 
     5.-Sec. 10. That upon the said coins, respectively, there shall be 
the following devises and legends, namely: Upon one side of each of the said 
coins there shall be an impression emblematic of liberty, with an 
inscription of the word liberty, and the year of the coinage; and, upon the 
reverse of each of the gold and silver coins, there shall be the figure or 
representation of an eagle, with this inscription, "United States of 
America:" and, upon the reverse of each of the copper coins there shall be 
an inscription which shall express the denomination of the piece, namely, 
cent or half cent, as the case may require. 
     6.-Sec. 11. That the proportional value of gold to silver in all 
coins which shall, by law, be current as money within the United States, 
shall be as fifteen to one, according to quantity in weight, of pure gold or 
pure silver; that is to say, every fifteen pounds weight of pure silver 
shall be of equal value in all payments, with one pound weight of pure gold; 
and so in proportion, as to any greater or less quantities of the respective 
metals. 
     7.-Sec. 12. That the standard for all gold coins of the United 
States, shall be eleven parts fine to one part alloy: and accordingly, that 
eleven parts in twelve, of the entire weight of each of the said coins, 
shall consist of pure gold, and the remaining one-twelfth part of alloy; and 
the said alloy shall be composed of silver and copper in such proportions, 
not exceeding one-half silver, as shall be found convenient; to be regulated 
by the director of the mint for the time being, With the approbation of the 
president of the United States, until further provision shall be made by 
law. And to the end that the necessary information may be had in order to 
the making of such further provision, it shall be the duty of the director 
of the mint, at the expiration of a year after commencing the operations of 
the said mint, to report to congress the practice thereof during the said 
year, touching the composition of the alloy of the said gold coins, the 
reasons for such practice, and the experiments and observations which shall 
have been made concerning the effects of different proportions of silver and 
copper in the said alloy. 
     8.- Sec. 13. That the standard for all silver coins of the United 
States, shall be one thousand four hundred and eighty-five parts fine to one 
hundred and seventy-nine parts alloy; and, accordingly, that one thousand 
four hundred and eighty-five parts in one thousand six hundred and sixty-
four parts, of the entire weight of each of the said coins, shall consist of 
pure silver, and the remaining one hundred and seventy nine parts of alloy, 
which alloy shall be wholly of copper. 
     9.-2. Act of June 28, 1834, 4 Sharsw. cont. of Story's Laws U. S. 
2376.  
     Sec. 1. That the gold coins of the United States shall contain the 
following quantities of metal, that is to say: each eagle shall contain two 
hundred and thirty-two grains of pure gold, and two hundred and fifty-eight 
grains of standard gold; each half-eagle, one hundred and sixteen grains of 
pure gold, and one hundred and twenty-nine grains of standard gold; each 
quarter eagle shall contain fifty-eight grains of pure gold, and sixty-four 
and a half grains of standard gold; every such eagle shall be of the value 
of ten dollars; every such half eagle shall be of the value of five dollars; 
and every such quarter eagle shall be of the value of two dollars and fifty 
cents; and the said gold coins shall be receivable in all payments, when of 
full weight, according to their respective values; and when of less than 
full weight, at less values, proportioned to their respective actual 
weights. 
    10.-Sec. 2. That all standard gold or silver deposited for coinage 
after the thirty-first of July next, shall be paid for in coin under the 
direction of the secretary of the treasury, within five days from the making 
of such deposit, deducting from the amount of said deposit of gold and 
silver, one-half of one per centum: Provided, That no deduction shall be 
made unless said advance be required by such depositor within forty days. 
    11.-Sec. 3. That all gold coins of the United States, minted anterior 
to the thirty-first day of July next, shall be receivable in all payments at 
the rate of ninety-four and eight-tenths of a cent per pennyweight. 
    12.-3. Act of January 18, 1837, 4 Sharsw. cont. of Story's Laws U. S. 
2524. 
     Sec. 9. That of the silver coins, the dollar shall be of the weight of 
four hundred and twelve and one-half grains; the half dollar of the weight 
of two hundred and six and one-fourth grains; the quarter dollar of the 
weight of one hundred and three and one-eighth grains; the dime, or tenth 
part of a dollar, of the weight of forty-one and a quarter grains; and the 
half dime, or twentieth part of a dollar, of the weight of twenty grains, 
and five-eighths of a grain. And that dollars, half dollars, and quarter 
dollars, dimes and half dimes, shall be legal tenders of payment, according 
to their nominal value, for any sums whatever. 
    13.-Sec. 10. That of the gold coins, the weight of the eagle shall be 
two hundred and fifty-eight grains; that of the half eagle, one hundred and 
twenty-nine grains; and that of the quarter eagle, sixty-four and one-half 
grain;. And that for all sums whatever, the eagle shall be a legal tender of 
payment for ten dollars; the half eagle for five dollars and the quarter 
eagle for two and a half dollars. 
    14.- Sec. 11. That the silver coins heretofore issued at the mint of the 
United States, and the gold coins issued since the thirty-first day of July, 
one thousand eight hundred and thirty-four, shall continue to be legal 
tenders of payment for their nominal values, on the same terms as if they 
were of the coinage provided for by this act. 
    15.-Sec. 12. That of the copper coins, the weight of the cent shall be 
one hundred and sixty-eight grains, and the weight of the half cent eighty 
four grains. And the cent shall be considered of the value of one hundredth 
part of a dollar, and the half cent of the value of one two-hundredth part 
of a dollar. 
    16.-Sec. 13. That upon the coins struck at the mint, there shall be 
the following devices and legends; upon one side of each of said coins, 
there shall be an impression emblematic of liberty, with an inscription of 
the word LIBERTY, and the year of the coinage; and upon the reverse of each 
of the gold and silver coins, there shall be the figure or representation of 
an eagle, with the inscription United States of America, and a designation 
of the value of the coin; but on the reverse of the dime and half dime, cent 
and half cent, the figure of the eagle shall be omitted. 
    17.-Sec. 38. That all acts or parts of acts heretofore passed, 
relating to the mint and coins of the United States, which are inconsistent 
with the provisions of this act, be, and the same are hereby repealed. 
    18.-4. Act of March 3, 1825, 3 Story's L. U. S. 2005. 
    Sec. 20. That, if any person or persons shall falsely make, forge, or 
counterfeit, or cause or procure to be falsely made, forged, or 
counterfeited, or willingly aid or assist in falsely making, forging, or 
counterfeiting any coin, in the resemblance or similitude of the gold or 
silver coin, which has been, or hereafter may be, coined at the mint of the 
United States; or in the resemblance or similitude of any foreign gold or 
silver coin which by law now is, or hereafter may be made current in the 
United States; or shall pass, utter, publish, or sell, or attempt to pass, 
utter, publish, or sell, or bring into the United States, from any foreign 
place, with intent to pass, utter, publish, or sell, as true, any such 
false, forged, or counterfeited coin, knowing the same to be false, forged, 
or counterfeited, with intent to defraud any body politic, or corporate, or 
any other person or persons, whatsoever; every person, so offending, shall 
be deemed guilty of felony, and shall, on conviction thereof, be punished by 
fine, not exceeding five thousand dollars, and by imprisonment, and 
confinement to hard labor, not exceeding ten years, according to the, 
aggravation of the offence. 
    19.-Sec. 21. That, if any person or persons shall falsely make, forge, 
or counterfeit, or cause or procure to be falsely made, forged or 
counterfeited, or willingly aid or assist in falsely making, forging or 
counterfeiting any coin, in the resemblance or similitude of any copper 
coin, which has been, or hereafter may be, coined at the mint of the United 
States; or shall pass, utter, publish, or sell, or attempt to pass, utter, 
publish or sell, or bring into the United States, from any foreign place, 
with intent to pass, utter, publish, or sell as true, any such false, 
forged, or counterfeited coin, with intent to defraud any body politic, or 
corporate, or any other person or persons whatsoever; every person so 
offending, shall be deemed guilty of felony, and shall, on conviction 
thereof, be punished by fine, not exceeding one thousand dollars, and by 
imprisonment, and confinement, to hard labor, not exceeding three years. See 
generally, 1 J. J. Marsh. 202; 1 Bibb, 330; 2 Wash. 282; 3 Call, 557; 5 S. & 
R. 48; 1 Dall. 124; 2 Dana, 298; 3 Conn. 534; 4 Harr. & McHen. 199. 
    20.-5. Act of March 3, 1849, Minot's Statutes at Large of U. S. 397. 
    21.-Sec. 1. That there shall be, from time to time, struck and coined 
at the mint of the United States, and the branches thereof, conformably in 
all respects to law, (except that on the reverse of the gold dollar the 
figure of the eagle shall be omitted), and conformably in all respects to 
the standard for gold coins now established by law, coins of gold of the 
following denominations and values, viz.: double eagles, each to be of the 
value of twenty dollars, or units, and gold dollars, each to be of the value 
of one dollar, or unit. 
    22.-Sec. 2. That, for all sums whatever, the double eagle shall be a 
legal tender for twenty dollars, and the gold dollar shall be a legal tender 
for one dollar. 
    23.-Sec. 3. That all laws now in force in relation to the coins of the 
United States, and the striking and coining the same, shall, so far as 
applicable, have full force and effect in relation to the coins herein 
authorized, whether, the said laws are penal or otherwise; and whether they 
are for preventing counterfeiting or debasement, for protecting the 
currency, for regulating and guarding the process of striking and coining, 
and the preparations therefor, or for the security of the coin, or for any 
other purpose. 
    24.-Sec. 4. That, in adjusting the weights of gold coins henceforward, 
the following deviations from the standard weight shall not be exceeded in 
any of the single pieces; namely, in the double eagle, the eagle, and the 
half eagle, one half of a grain, and in the quarter eagle, and gold dollar, 
one quarter of a grain; and that, in weighing a large number of pieces 
together, when delivered from the chief coiner to the treasurer, and from 
the treasurer to the depositors, the deviation from the standard weight 
shall not exceed three pennyweights in one thousand double eagles; two 
pennyweights in one thousand, eagles; one and one half pennyweights in one 
thousand half eagle;; one pennyweight in one thousand quarter eagles; and 
one half of a pennyweight in one thousand gold dollars. 
    25.-6. Act of March 3, 1851. Minot's Statutes at Large, U. S. 591. 
    26.-Sec. 11. That from and after the passage of this act, it shall be 
lawful to coin at the mint of the United States and its branches, a piece of 
the denomination and legal value of three cents, or three hundredths of a 
dollar, to be composed of three-fourths silver and one-fourth copper and to 
weigh twelve grains and three eighths of a grain; that the said coin shall 
bear such devices as shall be conspicuously different from those of the 
other silver coins, and of the gold dollar, but having the inscription 
United States of America, and its denomination and date; and that it shall 
be a legal tender in payment of debts for all sums of thirty cents and 
under. And that no ingots shall be used for the coinage of the three cent 
pieces herein authorized, of which the quality differs more than five 
thousandths from the legal standard; and that in adjusting the weight of the 
said coin, the following deviations from the standard weight shall not be 
exceeded, namely, one half of a grain in the single piece, and one 
pennyweight in a thousand pieces. 

MONEY BILLS, legislation. Pills or projects of laws providing for raising 
revenue, and for making grants or appropriations of the public treasure. 
     2. The first clause of the seventh section of the constitution of the 
United States declares, "all bills for raising revenue shall originate in 
the house of representatives; but the senate may propose or concur with 
amendments, as on other bills." Vide Story on the Const. Sec. 871 to 877. 
     3. What bills are properly "bills for raising revenue," in the sense of 
the constitution, has been matter of some discussion. Tucker's Black. App. 
261 and note; Story, Sec. 877. In practice, the power has been confined to 
levy taxes in the strict sense of the words, and has not been understood to 
extend to bills for other purposes, which may incidentally create revenue. 
Story, Ibid.; 2 Elliott's Debates, 283, 284. 

MONEY COUNTS, pleadings. The common counts in an action of assumpsit are so 
called, because they are founded on express or implied promises to pay money 
in consideration of a precedent debt; they are of four descriptions: 1. The 
indebitatus assumpsit. (q.v.) 2. The quantum meruit. (q.v.) 3. The quantum 
valebant. (q.v.) and, 4. The account stated. (q.v.) 2. Although the 
plaintiff cannot resort to an implied promise when there is a general 
contract, yet he may, in many cases, recover on the common counts, 
notwithstanding there was a special agreement, provided it has been 
executed. 1 Camp. 471; 12 East, 1; 7 Cranch, Rep. 299; 10 Mass. Rep. 287; 7 
Johns. Rep. 132; 10 John. Rep. 136; 5 Mass. Rep. 391. It is therefore 
advisable to insert the money counts in an action of assumpsit, when suing 
on a special contract. 1 Chit. Pl. 333, 4. 

MONEY HAD AND RECEIVED. An action of assumpsit will lie to recover money to 
which the plaintiff is entitled, and which in justice and equity, when no 
rule of policy or strict law prevents it, the defendant ought to refund to 
the plaintiff, and which he cannot with a good conscience retain, on a count 
for money had and received. 6 S. & R. 369; 10 S. & R. 219: 1 Dall. 148; 2 
Dall. 154; 3 J. J. Marsh. 175; 1 Harr. 447; 1 Harr. & Gill. 258; 7 Mass. 
288; 6 Wend. 290; 13 Wend. 488; Addis. on Contr. 230. 
     2. When the money has been received by the defendant in consequence of 
some tortious act to the plaintiff's property, as when he cut down the 
plaintiff's timber and sold it, the plaintiff may waive the tort and sue in 
assumpsit for money had and received. 1 Dall. 122; 1 Blackf. 181; 5 Pick. 
285; 1 J. J. Marsh. 543: 4 Pick. 452; 12 Pick. 120; 4 Binn. 374; 3 Watts, 
277; 4 Call, 451. 
     3. In general the action for money had and received lies only where 
money has been received by the defendant. 14 S. & R. 179; 1 Pick. 204; 7 S. 
& R. 246; 1 J. J. Marsh. 544; 3 J. J. Marsh. 6; 7 J. J. Marsh. 100; 3 Bibb, 
378; 11 John. 464. But bank notes or any other property received as money, 
will be considered for this purpose as money. 17 Mass. 560; 3 Mass. 405; 14 
Mass. 122; Brayt. 24; 7 Cowen, 622; 4 Pick. 74. See 9 S. & R. 11. 
     4. No privity of contract between the parties is required in order to 
support this action, except that which results from the fact of one man's 
having the money of another, which he cannot conscientiously retain. 17 
Mass. 563, 579. See 2 Dall. 54; Mart. & Yerg. 221; 5 Conn. 71. 

MONEY LENT. In actions of assumpsit a count is frequently introduced in the 
declaration charging that the defendant promised to pay the plaintiff for 
money lent. To recover, the plaintiff must prove that the defendant received 
his money, but it is not indispensable that it should be originally lent. 
If, for example, money has been advanced upon a special contract, which has 
been abandoned and rescinded, and which cannot be enforced, the law raises 
an implied promise from the person who holds the money to pay it back as 
money lent. 5 M. & P. 26; 7 Bing. 266; 9 M. & W. 729; 3 M. & W. 434. See 1 
Chip. 214; 3 J. J. Marsh. 37. 

MONEY PAID. When one advances money for the benefit of another with his 
consent, or at his express request, although he be not benefited by the 
transaction, the creditor may recover the money in an action of assumpsit 
declaring for money paid for the defendant. 5 S. & R. 9. But one cannot by a 
voluntary payment of another's debt make himself creditor of that other. 1 
Const. R. 472; 1 Gill. & John. 497; 5 Cowen, 603; 10 John. 361; 14 John. 87; 
2 Root, 84; 2 Stow. 500; 4 N. H. Rep. 138; 3 John. 434; 8 John. 436; 1 
South. 150. 
     2. Assumpsit for money paid will not lie where property, not money, has 
been paid or received. 7 S. & R. 246; 8 Bibb, 378; 14 S. & R. 179; 10 S. & 
R. 75; 7 J. J. Marsh. 18. But see 7 Cowen, 662. 
     3. But where money has been paid to the defendant either for a just, 
legal or equitable claim, although it could not have been enforced at law, 
it cannot be recovered as money paid. See Money had and received. 
     4. The form of declaring is for "money paid by the plaintiff, for the 
use of the defendant and at his request." 1 M. & W. 511. 

MONITION, practice. In those courts which use the civil law process, (as the 
court of admiralty, whose proceedings are, under the provisions of the acts 
of congress, to be according to the course of the civil law,) it is a 
process in the nature of a summons; it is either, general, special, or 
mixed. 
     2.-1. The general monition is a citation or summons to all persons 
interested, or, as is commonly said, to the whole world, to appear and show 
cause why the libel filed in the case should not be sustained, and the 
prayer of relief granted. This is adopted in prize cases, admiralty suits 
for forfeitures, and other suits in rem, when no particular individuals are 
summoned to answer. In such cases the taking possession of the property 
libeled, and this general citation or nomination, served according to law, 
are considered constructive notice to the world of the pendency of the suit; 
and the judgment rendered thereupon is conclusive upon the title of the 
property which may be affected. In form, the monition is a warrant of the 
court, in an admiralty cause, directed to the marshal or his deputy, 
commanding him in the name of the president of the United States, to give 
public notice, by advertisements in such newspapers as the court may select, 
and by notification to be posted in public places, that a libel has been 
filed in a certain admiralty cause pending, and of the time and place 
appointed for the trial. A brief statement of the allegations in the libel 
is usually contained in the monition. The monition is served in the manner 
directed in the warrant. 
     3.-2. A special monition is a similar warrant, directed to the 
marshal or his deputy, requiring him to give special notice to certain 
persons, named in the warrant, of the pendency of the suit, the grounds of 
it, and the time and place of trial. It is served by delivery of a copy of 
the warrant, attested by the officer, to each one of the adverse parties, or 
by leaving the same at his usual place of residence; but the service should 
be personal if possible. Clark. Prax. tit. 21; Dunl. Admr. Pr. 135. 
     4.-3. A mixed monition is one which contains directions for a general 
monition to all persons interested, and a special summons to particular 
persons named in the warrant. This is served by newspaper advertisements, by 
notifications posted in public places, and by delivery of a copy attested by 
the officer to each person specially named, or by leaving it at his usual 
place of residence. See Dunlap's Adm. Pr. Index, h.t.; Bett's Adm. Pr. 
Index, h.t. 

MONITORY LETTER, eccl. law. The process of an official, a bishop or other 
prelate having jurisdiction, issued to compel, by ecclesiastical censures, 
those who know of a crime or other matter which requires to be explained, to 
come and reveal it. Merl. Repert. h.t. 

MONOCRACY. A government by one person only.

MONOCRAT. A monarch who governs alone; an absolute governor.

MONOGAMY. A marriage contracted between one man and one woman, in exclusion 
of all the rest of mankind; it is used in opposition to bigamy and polygamy. 
(q.v.) Wolff, Dr. de la Nat. Sec. 857. The state of having only one husband 
or one wife at one time. 

MONOGRAM. A character or cipher composed of one or more letters interwoven, 
being an abbreviation of a name. 
     2. A signature made by a monogram would perhaps be binding, provided it 
could be proved to have been made and intended as a signature. 1 Denio, R. 
471. And there seems to be no reason why such a signature should not be as 
binding as one which is altogether illegible. See Initial; Mark; Signature. 

MONOMANIA. med. jur. Insanity only upon a particular subject; and with a 
single delusion of the mind. 
     2. The most simple form of this disorder is that in which the patient 
has imbibed some single notion, contrary to common sense and to his own 
experience, and which seems, and no doubt really is, dependent on errors of 
sensation. It is supposed the mind in other respects retains its 
intellectual powers. In order to avoid any civil act done, or criminal 
responsibility incurred, it must manifestly appear that the act in question 
was the effect of monomania. Cyclop. Pract. Medicine, title Soundness and 
Unsoundness of Mind; Dr. Ray on Insanity, Sec. 203; 13 Ves. 89; 3 Bro. C. C. 
444; 1 Addams' R. 283; Hagg. R. 18; 2 Addams' R. 102; 2 Addams' R. 79, 94, 
209; 5 Car. & P. 168; Dr. Burrows on Insanity, 484, 485. Vide Delusion; 
Mania; and Trebuchet, Jur. de la Med. 55 to 58. 

MONOPOLY, commercial law. This word has various significations. 1. It is the 
abuse of free commerce by which one or more individuals have procured the 
advantage of selling alone all of a particular kind of merchandise, to the 
detriment of the public. 
     2.-2. All combinations among merchants to raise the price of 
merchandise to the injury of the public, is also said to be a monopoly. 
     3.-3. A monopoly is also an institution or allowance by a grant from 
the sovereign power of a state, by commission, letters patent, or otherwise, 
to any person, or corporation, by which the exclusive right of buying, 
selling, making, working, or using anything, is given. Bac. Abr. h.t.; 3 
Inst. 181. 
     4. The constitutions of Maryland, North Carolina, and Tennessee, 
declare that "monopolies are contrary to the genius of a free government, 
and ought not to be allowed." Vide art. Copyright; Patent. 

MONSTER, physiology, persons. An animal which has a conformation contrary to 
the order of nature. Dunglison's Human Physiol. vol. 2, p. 422. 
     2. A monster, although born of a woman in lawful wedlock, cannot 
inherit. Those who have however the essential parts of the human form and 
have merely some defect of coformation, are capable of inheriting, if 
otherwise qualified. 2 Bl. Com. 246; 1 Beck's Med. Jurisp. 366; Co. Litt. 7, 
8; Dig. lib. 1, t. 5, l. 14; 1 Swift's Syst. 331 Fred. Code, Pt. 1, b. 1, t. 
4, s. 4. 
     3. No living human birth, however much it may differ from human shape, 
can be lawfully destroyed. Traill. Med. Jur. 47, see Briand, Med. Leg. 1ere 
part. c. 6, art. 2, Sec. 3; 1 Fodere, Med. Leg. Sec. 402-405. 

MONSTRANS DE DROIT. Literally showing of right, in the English law, is a 
process by which a subject claim from the crown a restitution of a right. 
Bac. Ab. Prerogative, E; 3 Bl. 256; 1 And. 181; 5 Leigh's R. 512. 

MONSTRANS DE FAIT. Literally, showing of a deed; a profert. Bac. Ab. Pleas, 
&c. I 12, n. 1. 

MONSTRAVERUNT, WRIT OF, Eng. law. A writ which lies for the tenants of 
ancient demesne who hold by free charter, and not for those tenants who hold 
by copy of court roll, or by the rod, according to the custom of the manor. 
F. N. B. 31. 

MONTES PIETATIS, or Monts de Piete. The name of institutions established by 
public authority for lending money upon pledge of goods. In those 
establishments a fund is provided, with suitable warehouses, and all 
necessary accommodations. Directors, manage these concerns. When the money 
for which the goods pledged is not returned in proper time, the goods are 
sold to reimburse the institutions. 
     2. These establishments are found principally on the continent of 
Europe. With us private persons, called pawnbrokers, perform this office, 
sometimes with doubtful fidelity. See Bell's Com. B. 5, c. 2, s. 2. 

MONTH. A space of time variously computed, as it is applied to astronomical, 
civil or solar, or lunar months. 
     2. The astronomical month contains one-twelfth part of the time 
employed by the sun in going through the zodiac. In law, when a month simply 
is mentioned, it is never understood to mean an astronomical month. 
     3. The civil or solar month is that which agrees with the Gregorian 
calendar, and these months are known by the names of January, February, 
March, &c. They are composed of unequal portions of time. There are seven of 
thirty-one days each, four of thirty, and one which is sometimes composed of 
twenty-eight days, and in leap years, of twenty-nine. 
     4. The lunar mouth is composed of twenty-eight days only. When a law is 
passed or contract made, and the month is expressly stated to be solar or 
civil, which is expressed by the term calendar month, or when it is 
expressed to be a lunar month, no difficulty can arise; but when time is 
given for the performance of an act, and the word month simply is used, so 
that the intention of the parties cannot be ascertained then the question 
arises, how shall the month be computed? By the law of England a month means 
ordinarily, in common contracts, as, in leases, a lunar month; a contract, 
therefore, made for a lease of land for twelve months, would mean a lease 
for forty-eight weeks only. 2 Bl. Com. 141; 6 Co. R. 62; 6 T. R. 224. A 
distinction has been made between "twelve months," and "a twelve-month;" the 
latter has been held to mean a year. 6 Co. R. 61. 
     5. Among the Greeks and Romans the months were lunar, and probably the 
mode of computation adopted in the English law has been adopted from the 
codes of these countries. Clef des Lois Rom. mot Mois. 
     6. But in mercantile contracts, a month simply signifies a calendar 
month; a promissory note to pay money in twelve months, would therefore mean 
a promise to pay in one year, or twelve calendar months. Chit. on Bills, 
406; 1 John. Cas. 99; 3 B. & B. 187; 1 M. & S. 111; Story on Bills, Sec. 
143; Story, P. N. Sec. 213; Bayl. on Bills, c. 7; 4 Kent, Comm. Sect. 56; 2 
Mass. 170; 4 Mass. 460; 6 Watts. & Serg. 179. 
     7. In general, when a statute Speaks of a month, without adding 
"calendar," or other words showing a clear intention, it shall be intended a 
lunar month. Com. Dig. Ann. B; 4 Wend. 512; 15 John. R. 358. See 2 Cowen, R. 
518; Id. 605. In all legal proceedings, as in commitments, pleadings, &c. a 
month means four weeks. 3 Burr. R. 1455; 1 Bl. Rep. 450; Dougl. R. 446 463. 
     8. In Pennsylvania and Massachusetts, and perhaps some other states, 1 
Hill. Ab. 118, n., a month mentioned generally in a statute, has been 
construed to mean a calendar month. 2 Dall. R. 302; 4 Dall. Rep. 143; 4 
Mass. R. 461; 4 Bibb. R. 105. In England, in the ecclesiastical law, months 
are computed by the calendar. 3 Burr. R. 1455; 1 M. & S. 111. 
     9. In New York, it is enacted that whenever the term "month," or 
"months," is or shall be used in any statute, act, deed, verbal or written 
contract, or any public or private instrument whatever, it shall be 
construed to mean a calendar, and not a lunar month; unless otherwise 
expressed. Rev. Stat. part 1, c. 19, tit. 1, Sec. 4. Vide, generally, 2 Sim. 
& Stu. 476; 2 A. K. Marsh. Rep. 245; 3 John. Ch. Rep. 74; 2 Campb. 294; 1 
Esp. R. 146; 6 T. R. 224; 1 M. & S. 111; 3 East, R. 407; 4 Moore, 465; 1 Bl. 
Rep. 150; 1 Bing. 307; S. C. 8 Eng. C. L. R. 328;. 1 M. & S. 111; 1 Str. 
652; 6 M. & S. 227; 3 Brod. & B. 187; S. C. 7 Eng. C. L. R. 404. 

MONUMENT. A thing intended to transmit to posterity the memory of some one; 
it is used, also, to signify a tomb where a dead body has been deposited. In 
this sense it differs from a cenotaph, which is at empty tomb. Dig. 11, 7, 
2, 6; Id. 11, 7, 2, 42. 

MONUMENTS. Permanent landmarks established for the purpose of ascertaining 
boundaries. 
     2. Monuments may be either natural or artificial objects, as rivers, 
known streams, springs, or marked trees. 7 Wheat. R. 10; 6 Wheat. R. 582; 9 
Cranch, 173; 6 Pet. 498; Pet. C. C. R. 64; 3 Ham. 284; 5 Ham. 534; 5 N. H. 
Rep. 524; 3 Dev. 75. Even posts set up at the corners, 5 Ham. 534, and a 
clearing, 7 Cowen, 723, are considered as monuments. Sed vide 3 Dev. 75. 
     3. When monuments are established, they must govern, although neither 
courses, nor distances, nor 'computed' contents correspond; 5 Cowen, 346; 1 
Cowen, 605; 6 Cowen, 706; 7 Cowen, 723; 6 Mass. 131; 2 Mass. 380; 3 Pick. 
401; 5 Pick. 135; 3 Gill & John. 142,; 5 Har. & John. 163, 255; 2 Id. 260; 
Wright, 176; 5 Ham. 534; 1 H. & McH. 355; 2 H. & McH. 416; Cooke, 146; 1 
Call, 429; 3 Call, 239; 3 Fairf. 325; 4 H. & M. 125; 1 Hayw. 22; 5 J. J. 
Marsh. 578; 3 Hawks, 91; 3 Murph. 88; 4 Monr. 32; 5 Monr. 175; 2 Overt. 200; 
2 Bibb, 493; S. C. 6 Wheat. 582; 4 W. C. C. Rep. 15. Vide Boundary. 

MOORING, mar. law. The act of arriving of a ship or vessel at a particular 
port, and there being anchored or otherwise fastened to the shore. 
     2. Policies of insurance frequently contain a provision that the ship 
is insured from one place to another, "and till there moored twenty-four 
hours in good safety." As to what shall be a sufficient mooring, see 1 
Marsh. Ins. 262; Park. on Ins. 35; 2 Str. 1251; 3. T. R. 362. 

MOOT, English law. A term used in the inns of court, signifying the exercise 
of arguing imaginary cases, which young barristers and students used to 
perform at certain times, the better to be enabled by this practice to 
defend their clients cases. A moot question is one which has not been 
decided. 

MORA, In civil law. This term, in mora, is used to denote that a party to a 
contract, who is obliged to do anything, has neglected to perform it, and is 
in default. Story on Bailm. Sec. 123, 259; Jones on Bailm. 70; Poth. Pret a 
Usage, c. 2, Sec. 2, art. 2, n. 60; Encyclopedie, mot Demeure; Broderode, 
mot Mora. 

MORA, estates. A moor, barren or unprofitable ground; marsh; a heath. 1 
Inst. 5; Fleta, lib. 2, c. 71. 

MORAL EVIDENCE. That evidence which is not obtained either from intuition or 
demonstration. It consists of those convictions of the mind, which are 
produced by the use of the senses, the testimony of men, and analogy or 
induction. It is used in contradistinction to mathematical, evidence. (q.v.)
3 Bouv. Inst. n. 3050. 

MORAL INSANITY, med. jur. A term used by medical men, which has not yet 
acquired much reputation in the courts. Moral insanity is said to consist in 
a morbid perversion of the moral feelings, affections, inclinations, temper, 
habits, and moral dispositions, without any notable lesion of the intellect, 
or knowing and reasoning faculties, and particularly without any maniacal 
hallucination. Prichard, art. Insanity, in Cyclopaedia of Practical Medicine 
     2. It is contended that some human beings exist, who, in consequence of 
a deficiency in the moral organs, are as blind to the dictates of justice, 
as others are deaf to melody. Combe, Moral Philosophy, Lect. 12. 
     3. In some, this species of malady is said to display itself in an 
irresistible propensity to commit murder; in others, to commit theft, or 
arson. Though most persons afflicted with this malady commit such crimes, 
there are others whose disease is manifest in nothing but irascibility. 
Annals D'Hygiene tom. i. p. 284. Many are subjected to melancholy, and 
dejection, without any delusion or illusion. This, perhaps without full 
consideration, has been judicially declared to be a "groundless theory." The 
courts, and law writers, have not given it their full assent. 1 Chit. Med. 
Jur. 352; 1 Beck, Med. Jur. 553 Ray, Med. Jur. Prel. Views, Sec. 23, p. 49. 

MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but 
which he is not legally bound to fulfill. 
     2. These obligations are of two kinds 1st. Those founded on a natural 
right; as, the obligation to be charitable, which can never be enforced by 
law. 2d. Those which are supported by a good or valuable antecedent 
consideration; as, where a man owes a debt barred by the act of limitations, 
this cannot be recovered by law, though it subsists in morality and 
conscience; but if the debtor promise to pay it, the moral obligation is a 
sufficient consideration for the promise, and the creditor may maintain an 
action of assumpsit, to recover the money. 1 Bouv. Inst. n. 623. 

MORATUR, IN LEGE. He demurs in law. He rests on the pleadings of the case, 
and abides the judgment of the court. 

MORGANTIC MARRIAGE. During the middle ages, there was an intermediate estate 
between matrimony and concubinage, known by this name. It is defined to be a 
lawful and inseparable conjunction of a single man, of noble and illustrious 
birth, with a single woman of an inferior or plebeian station, upon this 
condition, that neither the wife nor children should partake of the title, 
arms, or dignity of the husband, nor succeed to his inheritance, but should 
have a certain allowance assigned to them by the morgantic contract. The 
marriage ceremony was regularly performed; the union: was for life and 
indissoluble; and the children were considered legitimate, though they could 
not inherit. Fred. Code, book 2, art. 3; Poth. Du Marriage, 1, c. 2, s. 2; 
Shelf. M. & D. 10; Pruss. Code, art. 835. 

MORT D'ANCESTOR. An ancient and now almost obsolete remedy in the English 
law. An assize of mort d'ancestor was a writ which was sued out where, after 
the decease of a man's ancestor, a stranger abated, and entered into the 
estate. 1, Co. Litt. 159. The remedy in such case is now to bring ejectment. 

MORTGAGE, contracts, conveyancing. Mortgages are of several kinds: as the 
concern the kind of property, mortgaged, they are mortgages of lands, 
tenements, and, hereditaments, or of goods and chattels; as they affect the 
title of the thing mortgaged, they are legal and equitable. 
     2. In equity all kinds of property; real or personal, which are capable 
of an absolute sale, may be the subject of a mortgage; rights in remainder 
and reversion, franchises, and choses in action, may, therefore, be 
mortgaged; But a mere possibility or expectancy, as that of an heir, cannot. 
2 Story, Eq. Jur. Sec. 1021; 4 Kent, Com. 144; 1 Powell, Mortg. 17, 23; 3 
Meri. 667. 
     3. A legal mortgage of lands may be described to be a conveyance of 
lands, by a debtor to his creditor, as a pledge and security for the 
repayment of a sum of money borrowed, or performance of a covenant; 1 Watts, 
R. 140; with a proviso, that such conveyance shall be void on payment of the 
money and interest on a certain day, or the performance of such covenant by 
the time appointed, by which the conveyance of the land becomes absolute at 
law, yet the, mortgagor has an equity of redemption, that is, a right in 
equity on the performance of the agreement within a reasonable time, to call 
for a re-conveyance of the land. Cruise, Dig. t. 15, c. 1, s. 11; 1 Pow. on 
Mortg. 4 a, n.; 2 Chip. 100; 1 Pet. R. 386; 2 Mason, 531; 13 Wend. 485; 5 
Verm. 532; 1 Yeates, 579; 2 Pick. 211. 
     4. It is an universal rule in equity that once a mortgage, always a 
mortgage; 2 Cowen, R. 324; 1 Yeates, R. 584; every attempt, therefore, to 
defeat the equity of redemption, must fail. See Equity of Redemption. 
     5. As to the form, such a mortgage must be in writing, when it is 
intended to convey the legal title. 1 Penna. R. 240. It is either in one 
single deed which contains the whole contract -- and which is the usual form 
-- or, it is two separate instruments, the one containing an absolute 
conveyance, and the other a defeasance. 2 Johns. Ch. Rep. 189; 15 Johns. R. 
555; 2 Greenl. R. 152; 12 Mass. 456; 7 Pick. 157; 3 Wend, 208; Addis. 357; 6 
Watts, 405; 3 Watts, 188; 3 Fairf. 346; 7 Wend. 248. But it may be observed 
in general, that whatever clauses or covenants there are in a conveyance, 
though they seem to import an absolute disposition or conditional purchase, 
yet if, upon the whole, it appears to have been the intention of the parties 
that such conveyance should be a mortgage only, or pass an estate 
redeemable, a court of equity will always so construe it. Vern. 183, 268, 
394; Prec Ch. 95; 1 Wash. R 126; 2 Mass. R. 493; 4 John. R. 186; 2 Cain. Er. 
124. 
     6. As the money borrowed on mortgage is seldom paid on the day 
appointed, mortgages have now become entirely subject to the court of 
chancery, where it is an established rule that the mortgagee holds the 
estate merely as a pledge or security for the repayment of his money; 
therefore a mortgage is considered in equity as personal estate. 
     7. The mortgagor is held to be the real owner of the land, the debt 
being considered the principal, and the land the accessory; whenever the 
debt is discharged, the interest of the mortgagee in the lands determines of 
course, and he is looked on in equity as a trustee for the mortgagor. 
     8. An equitable mortgage of lands is one where the mortgagor does not 
convey regularly the land, but does some act by which he manifests his 
determination to bind the same for the security of a debt he owes. An 
agreement in writing to transfer an estate as a security for the repayment 
of a sum of money borrowed, or even a deposit of title deeds, and a verbal 
agreement, will have the same effect of creating an equitable mortgage. 1 
Rawle, Rep. 328; 5 Wheat. R. 284; 1 Cox's Rep. 211. But in Pennsylvania 
there is no such a thing as an equitable mortgage. 3 P. S. R. 233. Such an 
agreement will be carried into execution in equity against the mortgagor, or 
any one claiming under him with notice, either actual or constructive, of 
such deposit having been made. 1 Bro. C. C. 269; 2 Dick. 759; 2 Anstr. 427; 
2 East, R. 486; 9 Ves. jr. 115; 11 Ves. jr. 398, 403; 12 Ves. jr. 6, 192; 1 
John. Cas. 116; 2 John. Ch. R. 608; 2 Story, Eq. Jur. Sec. 1020. Miller, Eq. 
Mortg. passim. 
     9. A mortgage of goods is distinguishable from a mere pawn. 5 Verm. 
532; 9 Wend. 80; 8 John. 96. By a grant or conveyance of goods in gage or 
mortgage, the whole legal title passes conditionally to the mortgagee, and 
if not redeemed at the time stipulated, the title becomes absolute at law, 
though equity will interfere to compel a redemption. But, in a pledge, a 
special property only passes to the pledgee, the general property remaining 
in the pledger. There have been some cases of mortgages of chattels, which 
have been held valid without any actual possession in the mortgagee; but 
they stand upon very peculiar grounds and may be deemed exceptions to the 
general rule. 2 Pick. R. 607; 5 Pick. R. 59; 5 Johns. R. 261; Sed vide 12 
Mass. R. 300; 4 Mass. R. 352; 6 Mass. R. 422; 15 Mass. R. 477; 5 S. & R. 
275; 12 Wend. 277: 15 Wend. 212, 244; 1 Penn. 57. Vide, generally,, Powell 
on Mortgages; Cruise, Dig. tit. 15; Viner, Ab. h.t.; Bac. Ab. h.t., Com. 
Dig. h.t.; American Digests, generally, h.t.; New, York Rev. Stat. p. 2, 
c. 3; 9 Wend. 80; 9 Greenl. 79; 12 Wend. 61; 2 Wend. 296; 3 Cowen, 166; 9 
Wend. 345; 12 Wend. 297; 5 Greenl. 96; 14 Pick. 497; 3 Wend. 348; 2 Hall, 
63; 2 Leigh, 401; 15 Wend. 244; Bouv. Inst. Index, h.t. 
    10. It is proper to, observe that a conditional sale with the right to 
repurchase very nearly resembles a mortgage; but they are distinguishable. 
It is said that if the debt remains, the transaction is a mortgage, but if 
the debt is extinguished by mutual agreement, or the money advanced is not 
loaned, but the grantor has a right to refund it in a given time, and have a 
reconveyance, this is a conditional sale. 2 Edw. R. 138; 2 Call, R. 354; 5 
Gill & John. 82; 2 Yerg. R. 6; 6 Yerg. R. 96; 2 Sumner, R. 487; 1 Paige, R. 
56; 2 Ball & Beat. 274. In cases of doubt, however, courts of equity will 
always lean in favor of a mortgage. 7 Cranch, R. 237; 2 Desaus. 564. 
    11. According to the laws of Louisiana a mortgage is a right granted to 
the creditor over the property of his debtor, for the security of his debt, 
and gives him the power of having the property seized and sold in default of 
payment. Civ. Code of Lo. art. 3245. 
    12. Mortgage is conventional, legal or judicial. 1st. The conventional 
mortgage is a contract by which a person binds the whole of his property, or 
a portion of it only, in favor of another, to secure the execution of some 
engagement, but without divesting himself of the possession. Civ. Code, art. 
3257. 
    13.-2d. Legal mortgage is that which is created by operation of law: 
this is also called tacit mortgage, because it is established by the law, 
without the aid of any agreement. Art. 3279. A few examples will show the 
nature of this mortgage. Minors, persons interdicted, and absentees, "have a 
legal mortgage on the property of their tutors and curators, as a security 
for their administration; and the latter have a mortgage on the property of 
the former for advances which they have made. The property of persons who, 
without being lawfully appointed curators or tutors of minors, &c., 
interfere with their property, is bound by a legal mortgage from the day on 
which the first act of interference was done. 
    14.-3d. The judicial mortgage is that resulting from judgments, 
whether these be rendered on contested cases or by default, whether they be 
final or provisional, in favor of the person obtaining them. Art. 3289. 
    15. Mortgage, with respect to the manner in which it binds the property, 
is divided into general mortgage, or special mortgage. General mortgage is 
that which binds all the property, present or future, of the debtor. Special 
mortgage is that which binds only certain specified property. Art. 3255. 
    16. The following objects are alone susceptible of mortgage: 1. 
Immovables, subject to alienation, and their accessories considered likewise 
as immovable. 2. The usufruct of the same description of property with its 
accessories during the time of its duration. 3. Slave's. 4. Ships and other 
vessels. Art. 3256. 

MORTGAGEE, estates, contracts. He to whom a mortgage is made.
     2. He is entitled to the payment of the money secured to him by the 
mortgage; he has the legal estate in the land mortgaged, and may recover it 
in ejectment, on the other hand he cannot commit waste; 4 Watts, R. 460; he 
cannot make leases to the injury of the mortgagor; and he must account for 
the profits he receives out of the thing mortgaged when in possession. 
Cruise, Dig. tit. 15, c. 2. 

MORTGAGOR, estate's, contracts. He who makes a mortgage.
     2. He has rights, and is liable to certain duties as such. 1. He is 
quasi tenant, at will; he is entitled to an equity of redemption after 
forfeiture. 2. He cannot commit waste, nor make a lease injurious to the 
mortgagee. As between the mortgagor and third persons, the mortgagor is 
owner of the land. Dougl. 632; 4 McCord, R. 310; 3 Fairf. R. 243; but see 3 
Pick. R. 204; 1 N. H. Rep. 171; 2 N. H. Rep. 16; 10 Conn. R. 243; 1 Vern. 3; 
2 Vern. 621; 1 Atk. 605. He can, however, do nothing which will defeat the 
rights of the mortgagee, as, to make a lease to bind him. Dougl. 21. Vide 
Mortgagee; 2 Jack. & Walk. 194. 

MORTIFICATION, Scotch law. This term is nearly synonymous with mortmain. 

MORTMAIN. An unlawful alienation of lands, or tenements to any corporation, 
sole or aggregate, ecclesiastical or temporal. These purchases having been 
chiefly made by religious houses, in consequence of which lands became 
perpetually inherent in one dead hand, this has occasioned the general 
appellation of mortmain to be applied to such alienations. 2 Bl. Com. 268; 
Co. Litt. 2 b; Ersk. Inst. B. 2, t. 4, s. 10; Barr. on the Stat. 27, 97. 
     2. Mortmain is also employed to designate all prohibitory laws, which 
limit, restrain, or annul gifts, grants, or devises of lands and other 
corporeal hereditaments to charitable uses. 2 Story, Eq. Jur. Sec. 1137, 
note 1. See Shelf. on Mortm. 2, 3. 

MORTUARIES, Eng. law. These are a sort of ecclesiastical heriots, being a 
customary gift claimed by and due to the minister, in many parishes, on the 
death of the parishioner. 2 Bl. Com. 425. 

MORTUUM VADIUM. A mortgage; a dead pledge 

MORTUUS EST. A return made by the sheriff, when the defendant is dead, as an 
excuse for not executing the writ. 4 Watts, 270, 276. 

MOTHER, domestic relations. A woman who has borne a child. 
     2. It is generally the duty of a mother to support her child, when she 
is left a widow, until he becomes of age, or is able to maintain himself; 8 
Watts, R. 366; and even after he becomes of age, if he be chargeable to the 
public, she may, perhaps, in all the states, be compelled, when she has 
sufficient means, to support him. But when the child has property sufficient 
for his support, she is not, even during his minority, obliged to maintain 
him. 1 Bro. C. C. 387; 2 Mass. R. 415; 4 Miss. R. 97. 
     3. When the father dies without leaving a testamentary guardian, at 
common law, the mother is entitled to be the guardian of the person and 
estate of the infant, until he arrives at fourteen years, when he is able to 
choose a guardian. Litt. sect. 123; 3 Co. 38; Co. Litt. 84 b; 2 Atk. 14; Com 
Dig. B, D, E; 7 Ves. 348. See 10 Mass. 135, 140; 15 Mass. 272; 4 Binn. 487; 
4 Stew. & Part. 123; 2 Mass. 415; Harper, R. 9; 1 Root, R. 487. 
     4. In Pennsylvania, the orphans' court will, in such case, appoint a 
guardian until the infant shall attain his fourteenth year. During the joint 
lives of the parents, (q.v.) the father (q.v.) is alone responsible for 
the support of the children; and has the only control over them, except when 
in special cases the mother is allowed to have possession of them. 1 P. A. 
Browne's Rep. 143; 5 Binn. R. 520; 2 Serg. & Rawle 174. Vide 4 Binn. R. 492, 
494. 
     5. The mother of a bastard child, as natural guardian, has a right to 
the custody and control of such child, and is bound to maintain it. 2 Mass. 
109; 12 Mass. 387, 433; 2 John. 375; 15 John. 208; 6 S. & R. 255; 1 Ashmead, 
55. 

MOTHER-IN-LAW. In Latin socrus. The mother of one's wife, or of one's 
husband. 

MOTION, practice. An application to a court by one of the parties in a 
cause, or his counsel, in order to obtain some rule or order of court, which 
he thinks becomes necessary in the progress of the cause, or to get relieved 
in a summary manner, from some matter which would work injustice. 
     2. When the motion. is made on some matter of fact, it must be 
supported by an affidavit that such facts are true; and for this purpose, 
the party's affidavit will be received, though, it cannot be read on the 
hearing. 1 Binn. R. 145; S. P. 2 Yeates' R. 546. Vide 3 Bl. Com. 304; 2 
Sell. Pr. 356; 15 Vin. Ab. 495; Grah. Pr. 542; Smith's Ch. Pr. Index, h.t. 

MOTIVE. The inducement, cause or reason why a thing is done.
     2. When there is such a mistake in the motive, that had the truth been 
known, the contract would pot have been made, it is generally void., For 
example, if a man should, after the death of Titius, of which he was 
ignorant, insure his life, the error of the motive would avoid the contract. 
Toull. Dr. Civ. Fr. liv. 3, c. 2, art. 1. Or, if Titius should sell to 
Livius his horse, which both parties supposed to be living at some distance 
from the place where the contract was made, when in fact, the horse was then 
dead, the contract would be void. Poth. Vente, n. 4; 2 Kent, Com. 367. When 
the contract is entered into under circumstances of clear mistake or 
surprise, it will not be enforced. See the following authorities on this 
subject. 1 Russ. & M. 527; 1 Ves. jr. 221; 4 Price, 135; 1 Ves. jr. 210; 
Atkinson on Titl. 144. Vide Cause; Consideration. 
     3. The motive of prosecutions is frequently an object of inquiry, 
particularly when the prosecutor is a witness, and in his case, as that of 
any other witness, when the motion is ascertained to be bad, as a desire of 
revenge for a real or supposed injury, the credibility of the witness will 
be much weakened, though this will not alone render him incompetent. See 
Evidence; Witness. 

MOURNING. This word has several significations. 1. It is the apparel worn at 
funerals, and for a time afterwards, in order to manifest grief for the 
death of some one, and to honor his memory. 2. The expenses paid for such 
apparel. 
     2. It has been held in England, that a demand for mourning furnished to 
the widow and family of the testator, is not a funeral expense. 2 Carr. & P. 
207. Vide 14 Ves. 346; 1 Ves. & Bea. 364. See 2 Bell's Comm. 156. 

MOVABLES, estates. Such subjects of property as attend a man's person 
wherever he goes, in contradistinction to things immovable. (q.v.) 
     2. Things movable by their nature are such as may be carried from one 
place to another, whether they move themselves, as cattle, or cannot be 
removed without an extraneous power, as inanimate things. Movables are 
further distinguished into such as are in possession, or which are in the 
power of the owner, as, a horse in actual use, a piece of furniture in a 
man's own house; or such as are in the possession of another, and can only 
be recovered by action, which are therefore said to be in action, as a debt. 
Vide art. Personal Property, and Fonb. Eq. Index, h.t.; Pow. Mortg. Index, 
h.t.; 2 Bl. Com. 884; Civ. Code of Lo. art. 464 to 472; 1 Bouv. Inst. n. 
462. 

MULATTO. A person born of one white and one black parent. 7 Mass. R. 88; 2 
Bailey, 558. 

MULCT, punishment. A fine imposed on the conviction of an offence. 

MULCT, commerce. An imposition laid on ships or goods by a company of trade, 
for the maintenance of consuls and the like. Obsolete. 

MULIER. A woman, a wife; sometimes it is used to designate a marriageable 
virgin, and in other cases the word mulier is employed in opposition to 
virgo. Poth. Pand. tom. 22, h.t. In its most proper signification, it means 
a wife.  
     2. A son or a daughter, born of a lawful wife, is called filius 
mulieratus or filia mulierata, a son mulier, or a daughter mulier. The term 
is used always in contradistinction to a bastard; mulier being always 
legitimate. Co. Litt. 243. 
     3. When a man has a bastard son, and afterwards marries the mother, and 
has by her another son, the latter is called the mulier puisne. 2 Bl. Com. 
248. 

MULTIFARIOUSNESS, equity pleading. By multifariousness in a bill, is 
understood the improperly joining in one bill distinct matters, and thereby 
confounding them; as, for example, the uniting in one bill, several matters, 
perfectly distinct and unconnected, against one defendant; or the demand of 
several matters of distinct natures, against several defendants in the same 
bill. Coop. Eq. Pl. 182; Mitf. by Jeremy, 181; 2 Mason's R. 201; 18 Ves. 80; 
Hardr. R. 337; 4 Cowen's R. 682; 4 Bouv. Inst. n. 4165. 
     2. In order to prevent confusion in its pleadings and decrees, a court 
of equity will anxiously discountenance this multifariousness. The following 
case will illustrate this doctrine; suppose an estate should be sold in lots 
to different persons, the purchasers could not join in exhibiting one bill 
against the vendor for a specific performance; for each party's case would 
be distinct, and would depend upon its own peculiar circumstances, and 
therefore there should be a distinct bill upon each contract; on the other 
hand, the vendor in the like case, would not be allowed to file one bill for 
a specific performance against all the purchasers of the estate, for the 
same reason. Coop. Eq. Pl. 182; 2 Dick. Rep. 677; 1 Madd. Rep. 88; Story's 
Eq. Pl. Sec. 271 to 286. It is extremely difficult to say what constitutes 
multifariousness as an abstract proposition. Story, Eq. Pl. Sec. 530, 539; 4 
Blackf. 249; 2 How. S. C. Rep. 619, 642; 4 Bouv. Inst. n. 4243. 

MULTITUDE. The meaning of this word is not very certain. By some it is said 
that to make a multitude there must be ten persons at least, while others 
contend that the law has not fixed any number. Co. Litt. 257. 

MULTURE, Scotch law. The quantity of grain or meal payable to the proprietor 
of the mill, or to the multurer, his tacksman, for manufacturing the corns. 
Ersk. Prin. Laws of Scotl. B. 2 t. 9, n. 19. 

MUNERA. The name given to grants made in the early feudal ages, which were 
mere tenancies at will, or during the pleasure of the grantor. Dalr. Feud. 
198, 199; Wright on Ten. 19. 

MUNICIPAL. Strictly, this word applies only to what belongs to a city. Among 
the Romans, cities were called municipia; these cities voluntarily joined 
the Roman republic in relation to their sovereignty only, retaining, their 
laws, their liberties, and their magistrates, who were thence called 
municipal magistrates. With us this word has a more extensive meaning; for 
example, we call municipal law, not the law of a city only, but the law of 
the state. 1 Bl. Com. Municipal is used in contradistinction to 
international; thus we say an offence against the law of nations is an 
international offence, but one committed against a particular state or 
separate community, is a municipal offence. 

MUNICIPALITY. The body of officers, taken collectively, belonging to a city, 
who are appointed to manage its affairs and defend its interests. 

MUNIMENTS. The instruments of writing and written evidences which the owner 
of lands, possessions, or inheritances has, by which he is enabled to defend 
the title of his estate. Termes de la Ley, h.t.; 3 Inst. 170. 

MURAGE. A toll formerly levied in England for repairing or building public 
walls. 

MURAL MONUMENTS. Monuments made in walls. 
     2. Owing to the difficulty or impossibility of removing them, secondary 
evidence may be given of inscriptions on walls, fixed tables, gravestones, 
and the like. 2 Stark. Rep. 274. 

MURDER, crim. law. This, one of the most important crimes that can be 
committed against individuals, has been variously defined. Hawkins defines 
it to be the willful killing of any subject whatever, with malice 
aforethought, whether the person slain shall be an Englishman or a 
foreigner. B. 1, c. 13, s. 3. Russell says, murder is the killing of any 
person under the king's peace, with malice prepense or aforethought, either 
express or implied by law. 1 Rus. Cr. 421. And Sir Edward Coke, 3 Inst. 47, 
defines or rather describes this offence to be, "when a person of sound 
mind and discretion, unlawfully killeth any reasonable creature in being, 
and under the king's peace, with malice aforethought either express or 
implied." 
     2. This definition, which has been adopted by Blackstone, 4 Com. 195; 
Chitty, 2 Cr. Law, 724; and others, has been severely and perhaps justly 
criticised. What, it has been asked, are sound memory and understanding? 
What has soundness of memory to do with the act; be it ever so imperfect, 
how does it affect the guilt? If discretion is necessary, can the crime ever 
be committed, for, is it not the highest indiscretion in a man to take the 
life of another, and thereby expose his own? If the person killed be an 
idiot or a new born infant, is he a reasonable creature? Who is in the 
king's peace? What is malice aforethought? Can there be any malice 
afterthought? Livingst. Syst. of Pen. Law; 186. 
     3. According to Coke's definition there must be, 1st. Sound mind and 
memory in the agent. By this is understood there must be a will, (q.v.) and 
legal discretion. (q.v.) 2. An actual killing, but it is not necessary that 
it should be caused by direct violence; it is sufficient if the acts done 
apparently endanger. life, and eventually fatal. Hawk. b. 1, c. 31, s. 4; 1 
Hale, P. C. 431; 1 Ashm. R. 289; 9 Car. & Payne, 356; S. C. 38 E. C. L. R. 
152; 2 Palm. 545. 3. The party killed must have been a reasonable being, 
alive and in the king's peace. To constitute a birth, so as to make the 
killing of a child murder, the whole body must be detached from that of the 
mother; but if it has come wholly forth, but is still connected by the 
umbilical chord, such killing will be murder. 2 Bouv. Inst. n. 1722, note. 
Foeticide (q.v.) would not be such a killing; he must have been in rerum 
natura. 4. Malice, either express or implied. It is this circumstance which 
distinguishes murder from every description of homicide. Vide art. Malice. 
     4. In some of the states, by legislative enactments, murder has been 
divided into degrees. In Pennsylvania, the act of April 22, 1794, 3 Smith's 
Laws, 186, makes "all murder which shall be perpetrated by means of poison, 
or by lying in wait, or by any other kind of willful, deliberate, and 
premeditated killing, or which shall be committed in the perpetration or 
attempt to perpetrate, any arson, rape, robbery, or burglary, shall be 
deemed murder of the first degree; and all other kinds of murder shall be 
deemed murder of the second degree; and the jury before whom any person 
indicted for murder shall be tried, shall, if they find the person guilty 
thereof, ascertain in their verdict, whether it be murder of the first or 
second degree; but if such person shall be convicted by confession, the 
court shall proceed by examination of witnesses, to determine the degree of 
the crime, and give sentence accordingly. Many decisions have been made 
under this act to which the reader is referred: see Whart. Dig. Criminal 
Law, h.t. 
     5. The legislature of Tennessee has adopted the same distinction in the 
very words of the act of Pennsylvania just cited. Act of 1829, 1 Term. Laws, 
Dig. 244. Vide 3 Yerg. R. 283; 5 Yerg. R. 340. 
     6. Virginia has adopted the same distinction. 6 Rand. R. 721. Vide, 
generally, Bac. Ab. h.t.; 15 Vin. Ab. 500; Com. Dig. Justices, M 1, 2; 
Dane's Ab. Index, h.t.; Hawk. Index, h.t.; 1 Russ. Cr. b. 3, c. 1; Rosc. 
Cr. Ev. h.t. Hale, P. C. Index, h.t.; 4 Bl. Com. 195; 2 Swift's Syst. 
Index, h.t.; 2 Swift's Dig. Index, h.t.; American Digests, h.t.; 
Wheeler's C. C. Index, h.t.; Stark. Ev. Index, h.t.; Chit. Cr. Law, Index, 
h.t.; New York Rev. Stat. part 4, c. 1, t. 1 and 2. 

MURDER, pleadings. In an indictment for murder, it must be charged that the 
prisoner "did kill and murder" the deceased, and unless the word murder be 
introduced into the charge, the indictment will be taken to charge 
manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the 
authorities and cases there cited. 

MURDRUM, old Eng. law. During the times of the Danes, and afterwards till 
the reign of Edward III, murdrum was the killing of a man in a secret 
manner, and in that it differed from simple homicide. 
     2. When a man was thus killed, and he was unknown, by the laws of 
Canute he was presumed to be a Dane, and the vill was compelled to pay forty 
marks for his death. After the conquest, a similar law was made in favor of 
Frenchmen, which was abolished by 3 Edw. III. 
     3. By murdrum was also understood the fine formerly imposed in England 
upon a person who had committed homicide perinfortunium or se defendendo. 
Prin. Pen. 219, note r. 

MUSICAL COMPOSITION. The act of congress of February 3, 1831, authorizes the 
granting of a copyright for a musical composition. A question was formerly 
agitated whether a composition published on a single sheet of paper, was to 
be considered a book, and it was decided in the affirmative. 2 Campb. 28, 
n.; 11 East, 244. See Copyright. 

TO MUSTER, mar. law. By this term is understood to collect together and 
exhibit soldiers and their arms; it also signifies to employ recruits and 
put their names down in a book to enroll them. 

MUSTER-ROLL, maritime law; A written document containing the name's, ages, 
quality, place of residence, and, above all, place of birth, of every person 
of the ship's company. It is of great use in ascertaining the ship's; 
neutrality. Marsh. Ins. B. 1, c. 9, s. 6, p. 407; Jacobs. Sea Laws, 161; 2 
Wash. C. C. R. 201. 

MUSTIRO. This name is given to the issue of an Indian and a negro. Dudl. S. 
Car. R. 174. 

MUTATION, French law. This term is synonymous with change, and is 
particularly applied to designate the change which takes place in the 
property of a thing in its transmission from one person to another; 
permutation therefore happens when, the owner of the thing sells, exchanges 
or gives it. It is nearly synonymous with transfer. (q.v.) Merl. Repert. 
h.t. 

MUTATION OF LIBEL, practice. An amendment allowed to a libel, by which there 
is an alteration of the substance of the libel, as by propounding a new 
cause of action, or asking one thing instead of another. Dunl. Adm. Pr. 213; 
Law's Eccl. Law, 165-167; 1 Paine's R. 435; 1 Gall. R. 123; 1 Wheat. R. 26l. 

MUTATIS MUTANDIS. The necessary changes. This is a phrase of frequent 
practical occurrence, meaning that matters or things are generally the same, 
but to be altered, when necessary, as to names, offices, and the like. 

MUTE, persons. One who is dumb. Vide Deaf and Dumb.

MUTE, STANDING MUTE, practice, crim. law. When a prisoner upon his 
arraignment totally refuses to answer, insists upon mere frivolous 
pretences, or refuses to put himself upon the country, after pleading not 
guilty, he is said to stand mute. 
     2. In the case of the United States v. Hare, et al., Circuit Court, 
Maryland Dist. May sess. 1818, the prisoner standing mute was considered as 
if he had pleaded not guilty. 
     3. The act of congress of March 3, 1825, 3 Story's L. U. S. 2002, has 
since provided as follows; Sec. 14, That if any person, upon his or her 
arraignment upon any indictment before any court of the United States for 
any offence, not capital, shall stand mute, or will not answer or plead to 
such indictment, the court shall, notwithstanding, proceed to the trial of 
the person, so standing mute, or refusing to answer or pleas, as if he or 
she had pleaded not guilty; and upon a verdict being returned by the jury, 
may proceed to render judgment accordingly. A similar provision is to be 
found in the laws of Pennsylvania.  
     4. The barbarous punishment of peine forte et dure which till lately 
disgraced the criminal code of England, was never known in the United 
States. Vide Dumb; 15 Vin. Ab. 527. 
     5. When a prisoner stands mute, the laws of England arrive at the 
forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr. 
Law, 428. 
     6. By the old French law, when a person accused was mute, or stood 
mute, it was the duty of the judge to appoint him a curator, whose duty it 
was to defend him, in the best manner he could; and for this purpose, he was 
allowed to communicate with him privately. Poth. Proced. Crim. s. 4, art. 2, 
Sec. 1. 

MUTILATION, crim. law. The depriving a man of the use of any of those limbs, 
which may be useful to him in fight, the loss of which amounts to mayhem. 1 
Bl. Com. 130. 

MUTINY, crimes. The unlawful resistance of a superior officer, or the 
raising of commotions and disturbances on board of a ship against the 
authority of its commander, or in the army in opposition to the authority of 
the officers; a sedition; (q.v.) a revolt. (q.v.) 
     2. By the act for establishing rules and articles for the government of 
the armies of the United States, it is enacted as follows: Article 7. Any 
officer or soldier, who shall begin, excite, or cause, or join in, any 
mutiny or sedition in any troop or company in the service of the United 
States, or in any party, post, detachment or guard, shall suffer death, or 
such other punishment as by a court martial shall be inflicted. Article 8. 
Any officer, non-commissioned officer, or soldier, who being present at any 
mutiny or sedition, does not use his utmost endeavors to suppress the same, 
or coming to the knowledge of any intended mutiny, does not without delay 
give information thereof to his commanding officer, shall be punished by the 
sentence of a court martial, with death, or otherwise, according to the 
nature of his offence. 
     3. And by the act for the better government of the navy of the United 
States, it is enacted as follows,: Article 13. If any person in the navy 
shall make or attempt to make any mutinous assembly, he shall, on conviction 
thereof by, a court martial, suffer death; and if any person as aforesaid, 
shall utter any seditious or mutinous words, or shall conceal or connive at 
any mutinous or seditious practices, or shall treat with contempt his 
superior, being in the execution of his office, or being witness to any 
mutiny or sedition, shall not do his utmost to suppress it, he shall be 
punished at the discretion of a court martial. Vide 2 Stra. R. 1264. 

MUTUAL. Reciprocal.
     2. In contracts there must always be a consideration in order to make 
them valid. This is sometimes mutual, as when one man promises to pay a sum 
of money to another in consideration that he shall deliver him a horse, and 
the latter promises to deliver him the horse in consideration of being paid 
the price agreed upon. When a man and a woman promise to marry each other, 
the promise is mutual. It is one of the qualities of an award, that it be 
mutual; but this doctrine is not as strict now as formerly. 3 Rand. 94; see 
3 Caines 254; 4 Day, 422; 1 Dall. 364, 365; 6 Greenl. 247; 8 Greenl. 315; 6 
Pick. 148. 
     3. To entitle a contracting party to a specific performance of an 
agreement, it must be mutual, for otherwise it will not be compelled. 1 Sch. 
& Lef. 18; Bunb. 111; Newl. Contr. 152. See Rose. Civ. Ev. 261. 
     4. A distinction has been made between mutual debts and mutual credits. 
The former term is more limited in its signification than the latter. In 
bankrupt cases where a person was indebted to the bankrupt in a sum payable 
at a future day, and the bankrupt owed him a smaller sum which was then due; 
this, though in strictness, not a mutual debt, was holden to be a mutual 
credit. 1 Atk. 228, 230; 7 T. R. 378; Burge on Sur. 455, 457. 

MUTUARY, contracts. A person who borrows personal chattels to be consumed by 
him, and returned to the lender in kind; the person who receives the benefit 
arising from the contract of mutuum. Story, Bailm. Sec. 47. 

MUTUUM, or loan for consumption, contracts. A loan of personal chattels to 
be consumed by the borrower, and to be returned to the lender in kind and 
quantity; as a loan of corn, wine, or money, which are to be used or 
consumed, and are to be replaced by other corn, wine, or money. Story on 
Bailm. Sec. 228; Louis. Code, tit. 12, c. 2; Ayliffe's Pand. 481; Poth. 
Pand. tom. 22, h.t.; Dane's Ab. Index, h.t.; 1 Bouv. Inst. logo. 
     2. It is of the essence of this contract, 1st. That there be either a 
certain sum of money, or a certain quantity of other things, which is to be 
consumed by use which is to be the subject-matter of the contract, and which 
is loaned to be consumed. 2d. That the thing be delivered to the borrower. 
3d. That the property in the thing be transferred to him. 4th. That he 
obligates himself to return as much. 5th. That the parties agree on all 
these points. Poth. Pret. de Consomption, n. 1; 1 Bouv. Inst. n. 1091-6. 

MYSTERY or MISTERY. This word is said to be derived from the French mestier 
now written metier, a trade. In law it signifies a trade, art, or 
occupation. 2 Inst. 668. 
     2. Masters frequently bind themselves in the indentures with their 
apprentices to teach them their art, trade, and mystery. Vide 2 Hawk. c. 23, 
s. 11. 

MYSTIC. In a secret manner; concealed; as mystic testament, for a secret 
testament. Vide 2 Bouv. Inst. n. 3138; Testament Mystic.
