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

   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, §4;  Fonbl. Eq . B.
1, c. 2, §12, note. Vide Catching bargain;  Post obit.

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

  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  su- perior 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. Eccles. 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.

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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  assise   on  disseisin  of  lands.  13.  Assises  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

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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 wilful injuries to the mail;  the act
of March 3, 1825, 3 Story's Laws U. S. 1985, provides-

   §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 at- tempt 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

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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 de-livered  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.  - §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 leas than one year, nor exceeding three years,
at the  discretion of  the court  before whom  such conviction is

   4. - §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  pen-alties 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

   5.- §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

   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 ren-  der him  less able  in  fighting  or  defending
himself than he would have otherwise been. Vide Mayhem.

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   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

   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  quali-fied 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

   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.

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   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

  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. §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, Engl.  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

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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  justi-fied,  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 Mainte-nance:   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 main-tain 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  indict- ment  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, §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

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

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

   MAJORES. The  male ascendant  beyond the  sixth degree were so
called among  the Romaus,  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. §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;

   TO MAKE.  English law.  To perform or execute;  as to make his
law, is  to per-  form 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.

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

   MALA PRAXIS,  crim. law. A Latin expression, to signify bad or
unskilful 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. P.  C. 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.  Wilful  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

   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.

   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 alsolutely 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

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

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   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 mis-feasance, (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  Bulstr. 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 premedi-tation. 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 pro-per  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

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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.

   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  MISCHIEF. This expression is applied to the wanton or
reckless de-  struction of  property, and the wilful 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.

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

   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. -  §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 Penns. R. 235.

   4. -  §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
ma- liciously 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.

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   5. -  §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. -  §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. - §5. The malicious prosecution or action must be ended, and
the plain-tiff  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. - §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 misdemeaners.

    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. b.

  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.

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   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

   2. It  is a  command issuing  in the  name  of  the  sovereign
authority from  a superior  court  having  jurisdiction,  and  is

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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 io 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 M'Cord, 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."

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  MANDANT. The principal in the contract of mandate is so called.
Story, Ag. §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, §§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  magi- trate,  directing the proper officer to enforce a
judgment, sentence or decree. Jones'. Bailm. 52;  Story on Bailm.

   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.  §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.
§137;  Pothier, Pand. lib. 17, tit. 1;  Wood's Civ. Law, B. 3, c.
5, p. 242;  Halifaz'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, §1;  Poth. Contr. de Mandat,
c. 1, §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. §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, §1,  6, 7, 8;
Poth. Contr. de Mandat, c. 1, §3, n. 34, 35, 36.

   4. As  to the degree of diligence which the mandatory is bound

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to exercise,  see Mandatory;  Negligence;  Pothier, Mandat, h. t;
Louis. Code,  tit. 15  Code Civ. t. 13, c. 2 Story on Bailm. §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. §202.;  2 Kent's Com. 504, §4;  Pothier, Mandat,
c. 4, §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. §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, §4,  n. 6, 7, 8;  Pothier,
Contract de  Mandat, c. 4, §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.
§§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. §206;   2  Roper, Husb. and Wife, 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, §4, n. 112.

   13. So, if the mandator sells the property, it ceases upon the

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sale, if  it be  made known  to the  mandatory. 7  Ves. jr.  276;
Story on Bailm. §207.

   14. By  the civil  law the  contract of  mandate ceases by the
revocation of  the authority.  Story on  Bailm. §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, §24, n. 4.

   MANDATOR, contracts. The person employing another to perform a
mandate. Story  on Bailm.  §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 de-  nominated homagium  or manhood,  by  the  feudists.  The
formula used  was devenio  vester homo, I become you Com. 54. See

   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. - §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  ex-
travagant 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 be-ing 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

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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  facul-ties, 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

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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 an-  tipathies, 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  sensi-  bility,  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  ac- tion,  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 exbibiting
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  re-  straint,  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. §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. -  §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

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testaments are  voidable.  Vide  Insanity;    Moral  Insanity.  2
Phiilim. Ecc.  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 mer- chandise, 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 respec tively 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;   aud all  spirits, wines aud
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 noto- rious. See Notoriety.

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  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,   §64;    Wolff,  §1187.  See

  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 tho 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 ap- prehended 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.

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   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. Manslaugbter
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.

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   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

   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. §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

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B. & A. 290;  2 Story, Eq. Jur. §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, re-pairing,  supplying and navigating ships;  contracts
and quasi  contracts respec-  ting  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 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.

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   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.

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   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

  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

  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. Encyc. Amer. h. t.

  MARKET. A public place appointed by public authority, where all

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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,  Engl. 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.

  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.

   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  io  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.

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   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 Phill.  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

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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,
§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.

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  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

   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 unƒ.

   23. -  6. In  general, the  wife follows  the condition of her

  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.

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   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. RŠpert. h. t.;  Pothier, Trait‚
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. §263;  Newl. on Contr.

   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

   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:

   §27. That  a marshal  shall be  appointed,  in  and  for  each
district, for the term of four years, but shall be removable from

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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  alI  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. -  §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.

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   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,

  §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,

   §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

   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

   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

   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

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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. §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.

   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

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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

   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 re-sides, 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 en-title 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

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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 bolding  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  dele-gates, 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

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herein prescribed,  on  the  second  Wednesday  of  January  next
ensuing  his   election,  or   as  soon   thereafter  as  may  be

   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

   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

   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 dele-gates,  and  the  legislature  may

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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

   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 a pointed 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  seision,
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

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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  anA
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

   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

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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, ana
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, wilful  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:

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"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
elec-ted, 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  re-spective
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

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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 plain-tiffs 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

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Maryland, and  citizens of  the city or county for which they may
be severally  elected at  the time  of their eiection. 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 consan-guinity, 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

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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 quali-fied, 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  pre-sentments  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,

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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. §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.

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    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 governer.  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

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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 jus-tices 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
fulfil 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

   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. §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,  Engl. law.  An officer of the superior

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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 interlocu-tory 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  ref-erences 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

  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.

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   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.

   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 mate-rial, 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
mate-rials may  be injured;   as,  if a  gem be  delivered  to  a
jeweler, and  it is  broken without any unskilfulness, 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.

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   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 em-ployer
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 deli-vered 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, §7,
n. 3;  Id. B. 1, t. 4, §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.)

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   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 supposititious
birth is  expected, then,  upon the writ de ventre inspiciendo, a
jury of  women is  to be, impanneled 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 impanneled  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;

   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

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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

   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

   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

   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

   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.

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   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 reipublicae 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.

   Abundaans 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. Ltt 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

   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,

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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.
Cu. 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. §64.;  3 Wooddes. 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.

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   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

  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    majori ad  minus negative  non valet;   valet  Š
converso. An argument from the greater to the less is of no force
negatively;  conversely it is. Jenk. Cent. 281.

   Argumentum    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    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 integr  caus , 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

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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.

   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 justŠ  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 … 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 hsame, 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  injuriƒ suƒ  non habere  debet. No  man ought  to

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derive any benefit of his own wrong. Jenk. Cent. 161.

  Communis error facit jus. A common error makes law. What was af
first ellegal,  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 beforethe 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  poenƒ  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.

   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.

   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.

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   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.

  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.

   Contr… negantem  principia non  est disputandum.  There is  no
disputing against or denying principles. Co. Litt. 43.

   Contr…  non  volentem  agere  nulla  currit  praescriptio.  No
prescription runs  against a  person unable  to act. Broom's Max.

   Contr… 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 hte contract. Dig. 16, 3, 1, 6.

  Contractus ex turpi causƒ, vel contr… 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. § 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. Bacom'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 skilful  in how  own art.  Co. Litt.  125. Vide Experts;

   Cujus est commodum ejus debet esse incommodum. He who receives

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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  consult•  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.

   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

   Culpa lata  aequiparatur dolo. A concealed fault is equal to a

   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 Buls.

   Curiosa et captiosa intepretatio in lege reprobatur. A curious
and captious interpretation in the law is to be reproved. 1 Buls.

   Currit tempus  contra desides  et sui juris contemptores. Time

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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 Buls. 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.

  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 existntibus  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, §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. §33.

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   Derativa potestas  non potest  esse major primitiva. The power
which is  derived cannot  be greater  than that  from which it is

   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 disimilars  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. Innt. n.

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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 neyer 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. §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.

   Elect… unƒ  viƒ, 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  andfreely,  without  any
interruption. 2 Co. Inst. 169.

     Enumeratio  infirmat  regulam  in  casibus  non  enumeratis.
Enumeration affirms  the rule  in cases not enumerated. Bac. Aph.

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   Equality is  equity. Francis'  Max., Max. 3;  4 Bouv. Inst. n.3725.

   Equity suffers not a right without a remedy.  4 Bouv. Inst. n.

  Equity looks upon that as done, which ought to be done. 4 Bouv.
Inst. n.  3729;   1 Fonbl. Eq. b. 1, ch. 6, s. 9, note;  3 Wheat.

   Error fucatus  nudƒ 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 interpration 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. §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.

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    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

   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 ofthe 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,

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    Expressio  eorum  quae  tacite  insunt  nihil  operatur.  The
expression of  those things  which are  tacitly implied  operates

   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

   Facta sunt  potentiora verbis.  Facts are  more powerful  than

   Factum …  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. § 301.

    Falsa  ortho  graphia,  sive  falsa  grammatica,  non  vitiat
concessionem. False  spelling or  false grammar  do not vitiate a
grant. 9 Co. 48;  Sheph. 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 hsould fall.

   Felonia implicatur  in quolibet proditione. Felony is included
orimplied 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

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done as formerly, let nothing be done rashly. Jenk. Cent. 116.

   Fictio est contra veritatem, sed pro veritate habetur. Fiction
is aginst 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

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  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.

   Frustr… est  potentia quae  numcquam venit in actum. The power
which never comes to be exercised is vain. 2 Co. 51.

   Frustr… feruntur legis nisi subditis et obedientibus. Laws are
made to no purpose unless for those who are subject and obedient.
7 Co. 13.

   Frustr… legis  auxilium quaerit qui in legem committit. Vainly
does he who offends against the law, seek the help of the law.

   Frustr… petis  quoa statim  alteri reddere cogeris. Vainly you
ask that  which you  will immediately  be compelled to restore to
another. Jenk. Cent. 256.

  Frustr… 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

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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

  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 caus…  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 Kernt 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.

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   Idem est nihil dicere et insufficienter dicere. It is the same
thing to  say nothing and not to say it sufficiently. 2 Co. Inst.

  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 misforture 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.

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  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 consilile  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.

   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

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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  summƒ 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,

  In mercibus illicitis non sit commercium. NO commerce should be
in illicit goods. 3 Kent, Com. 262, n.

   In maximƒ  potentiƒ 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, maximŠ  tamen in  jure, aequitas spectanda

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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 propriƒ  cuusƒ nemo  judex. No  one can be judge in his own

  In quo quis delinquit, in eo de jure est puniendus. In whatever
thing on  offends, in  that he  is rightfully to be punished. Co.
Litt. 233.

   In repropriƒ  iniquum admodum  est alicui  licentiam  tribuere
sententiae. It  is expremely  unjust that any one should be judge
in his own cause.

   In re dubiƒ magis inficiato quam affirmatio intelligenda. In a
doubtful matter, the negative is to be understood rather than the
affirmative. Godb. 37.

   In republicƒ  maximŠ conservanda sunt jura belli. In the state
the laws of ware 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.

   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.

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   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 onoe 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
tothe 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.

   Injuria propria  non cadet  in beneficium facientis. One's own
wrong shall not benefit the person doing it.

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   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

  Interest reipublicae quod homines conserventur. It concerns the
commonwealth  that   we  be   preserved.  12   Co.  62.  Interest
reipublicae ut  qualibet re  suƒ 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 obligedto  accept  a

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benefit against  his consent. Dig. 50, 17, 69. But if he does not
siddent 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 aeuitatem  semper spectare debet. A judge ough 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 propriƒ causƒ A judge cannot be
awitness 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.

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   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 secudnum  allegata et  probata. A  judge
ought to  decide according  to the  allegations and proofs. Dyer.

  Judicium … 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

   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.

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   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

  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 geowing
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

  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 solƒ.  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.

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   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. Teh 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 justitiƒ exhibendaƒ. 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.

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   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. Teh 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   forces  not   to
impossibilities. Hob. 96.

   Lex non  praecipit inutilia,  quia inutilis labor stultus. The
law commands not useles things, because useless labor is foolish.
Co. Litt. 197.

   Lex non deficit in justitia exibenda. The law does not fail in
showing justice.

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   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

   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.

   Lexspectat 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.

   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.

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   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 mistriss  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.

   Maihemium 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 … jure et legibus quam
… 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 paenƒ  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.

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   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

   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

   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  wode  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.

   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 maximŠ  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.

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   MaximŠ 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.

   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  pecuniariƒ.  The
smallest bodily  punishment is  greater than any pecuniary one. 2
Inst. 220.

   MinimŠ 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.

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   Minor minorem custodire non debet, alios enim praesumitur male
regere qui  seipsum regere  nuscit.  A  minor  ought  not  to  be
fuardian 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  meduim   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. pr‚l. 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,  whic are  inconsistent with sound reason. Co. Litt.
70;   Broom's Max.  67;   2 Co.  R. 75. See 3 T. R. 146;  7 T. R.

   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  tacitŠ  damnavit.  The  law
forbids many things, which yet it has silently condemned.

   Multa transeunt  cum universitate  quae non  per se transeunt.

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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.

   Multiplicatƒ  transgressione  crescat  paenae  inflictio.  The
increase of  punishment shouldbe 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.

   Necessitaas excusat aut extenuat delicium in capitalibus, quod
non operatur  idem in civilibus. Necessity excuses or extentuates
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 privililegium 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.

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  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

   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 propriƒ causƒ. No one should be judge
in his own cause. 12 Co. 113.

   Nemo debet  ex alienƒ jacturƒ lucrari. No one ought to gain by
another's loss.

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   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.

   Nemo est  haeres viventes.  No one is an heir to the living. 2
Bl. Com.  107;   1 Vin. Ab. 104, tit. Abeyance;  Merl. RŠp. 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

  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 nad 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.

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   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.

  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 injuriƒ,  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

     Nemo  tenetur   ad  impossibile.  No  one  is  bound  to  an

   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,

   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.

   Nemo tenetur  seipsum accusare.  No man  is  bound  to  accuse

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   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  scenƒ. The court has nothing to do with
what is not before it.

  Nihil infra regnum subditos magis conservat in tranquilitate et
concordiƒ 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, quƒm 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, quƒm 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.

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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.

  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 siffice if there be not a thing by law or by fact. 4 Co.

   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.

   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. Bacons' Max. REg. 13.

   Non alio  modo puniatur  aliquis, quam  secundum quod se habet
condemnatio.  A  person  may  not  be  punished  differntly  than
according to what the sentence enjoins. 3 Co. Inst. 217.

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   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, §385.

  Non consentit qui errat. He who errs does not conosent. 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 … communi abservantiƒ. 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.

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   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.

  Non omne quod licet honestum est. Everything which is permitted
is not becoming. Dig. 50, 17, 144.

   Non omne  damnum inducit  injuriam. Not every loos 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, isto 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.

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  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

   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.

   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.

  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 injuriƒ suƒ propriƒ. No one
shall take advantage of his own wrong. Co. Litt. 148.

   Nullus recedat  e curiƒ concellariƒ 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.

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   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

   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 scientiƒ. 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.

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   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.

  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 t ollit errorem. Every consent removes error. 2
Inst. 123.

   Omnis definitio in jure periculosa est;  parum est enim ut non
subverti posset.  Every devinition  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  insturments 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.

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  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.

   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 isto make
them accord. 8 Co. 169.

   Optimus interpres rerum usus. Usage is the best interpretor of
things. 2 Inst. 282.

    Optimus  legum  interpres  consuetudo.  Custom  is  the  best
interpretor 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

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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
ofhte 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 littel
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.

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   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

   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.

   Paenƒ ad  paucos,  metus  ad  omnes  perveniat.  A  punishment
inflicted on a few, causes a dread to all. 22 Vin. Ab. 550.

   Paenƒ non  potest, culpa perennis erit. Punishment may have an
end, crime is perpetual. 21 Vin. Ab. 271.

   Paenƒ ad  paucos, metus  ad omnes. Punishment to few, dread or
fear to all.

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   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 Ro..l R. 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

  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  strictŠ  interpretatur.  Power  should  be  strictly

  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

   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.

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   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
personƒ. 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.

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   Probatis  extremis,  praesumitur  media.  The  extremes  being
proved, the  intermediate proceedings are presumed. 1 Greenl. Ev.

   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 ƒ  personƒ separari  nequeunt. Things
which belong  to the  person ought  not to  be separated from the
person. Jenk. Cent. 28.

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   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 causƒ 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  auriƒ 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 commence ment 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.

   Quae rerum  naturƒ prohibentur,  nullƒ lege  confirmata  sunt.
Whatis prohibited  inthe 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 quƒlibet
paenƒ pecuniariƒ.  Every corporal  punishment, although  the very
least, is greater than pecuniary punishment. 3 Inst. 220.

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   Quaeras de  dubiis, legem  bene discere  si vis.  Inquire into
them, is the way to know what things are really true. Litt. §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  personƒ, 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.

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   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 greate 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 donoe,
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

   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.

   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.

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   Qui contemnit  praeceptum,  contemnit  praecipientem.  He  who
contemns the precept, contemns 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  pŠre, 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. §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 quant–m 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.

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   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 matrimonu,  follows the  condition of the

    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

   Qui non obstat quod obstare potest facere videtur. He who does
not prevent  what he  can, seems to commit the thing. 2 Co. Inst.

   Qui non  prohibit quod  prohibere potest assentire videtur. He
who does  not forbid what he can forbid, seems to assent. 2 Inst.

   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 fraudrlently
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.  §64 d;   Story  Bailm. §312;   1 Bouv. Inst. n. 952;  4
Bouv. Inst. n. 3728.

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   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  soin  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.

  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.

   Qnicquid 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 nonsubjiclur.
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.

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   Qusquis  est  qui  velit  juris  consultus  haberi,  continuet
studium, velit a quocunque doceri. Whoever wishes to be a lowyer,
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 causƒ 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  ambigious 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 v alid. 5 Co. 38.

   Quod inconsulto  fecimus, consultius  revocemus. What  is done
without consideration or reflection, upon better consideration we
should revoke or undo.

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  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.

     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.

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   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 istruest;  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.

  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.

   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.

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   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.

   Ratio in  jure aequitas  integra. Reason  in  law  is  perfect

   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 andtruth. 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.

   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.

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   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 sucha 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 hte particular
estate determines.

   Remainder to  aperson 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.

   Remisus imperanti  melius paretur.  A man  commanding not  too
strictly is best obeyed. 3 Co. Inst. 233.

  Remoto impedimento, emergit actio. The impediment begin 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,

   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

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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 tings 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 significaiton, 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

   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  ofthe  profits  themselves,  because  they  are
granted, but from the new rent out of the profits. Co. Litt. 142.

   Resignatio est  juris porprii 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. §260. This is a maxim of
the civil law, where everything must be proved by two witnesses.

  Rights never die.

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   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 ti 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.

  Satisfaction should be made to thatfund 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.

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   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

  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 sppeds 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  alwasy presumed  to be legitimate,
for filiation  cannot be proved. Co. Litt. 126. See 1 Bouv. Inst.
n. 303.

   Semper praesumitur  pro sententiƒ.  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 speakign  them, and
discourses  are   always  to  be  interpreted  according  to  the
subject-mater. 4 Co. 14.

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   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 preced 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 hiscondition. 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.

   Si quis  custos fraudem  pupillo fecerit,  a tutela removendus
est. If  a guardian  behave fraudently  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

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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

   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.

   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,
§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 th 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. §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.

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   Statuta pro publico commodo late interpretantur. Statutes made
for the  public good ought to be liberally construed. Jenk. Cent.

   Statutum affirmativum non derogat communi legi. An affirmative
stature does not take from the common law. Jenk. Cent. 24.

   Statutum generaliter  est intelligendum  quaudo 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 noharm. 3Bouv. Inst. n.

   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 passses with the incumbrances.
Co. Litt. 45.

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   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 suƒ causƒ 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 surveill‚e  tend …  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.

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   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,
recoruse 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.

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     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

  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. Whereever 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  begin
allowed, an infinity follow. 1 co. 102.

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   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.

   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.

     Vreba  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.

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   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.

   Verba ita  sunt intelligenda, ut res magis valeat quam pereat.
Wrods 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 impled towards them. Co. Litt.

   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.

   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.

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  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

  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.

  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 r ights 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.
R‚pert. Regles  de Droit;   Pow.  Mint. Index, h. t.;  Dane's Ab.
Index, h.  t.;   Wooddes. Lect.  lxxi. note;   and collections of
Bacon, Noy,  Francis, Branch and Heath;  Duval, Le Droit dans ses

  MAY To be permited;  to be at liberty;  to have the power.

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  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,  Philad. 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
enforeed,  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.

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   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 = l foot

   3 feet = l yard

   51/2 yards = l rod or pole

  40 poles = 1 furlong

   8 furlongs = l mile

  69 1/15 miles = l 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.

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  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 = l square foot

    9 square feet = l square yard

   30 1/4 square yards = l perch or rod

   40 perches = l rood

    4 roods or 160 perches = l acre

  640 acres--l square mile.


  1st. Measures of solidity.

  1728 cubic inches = l cubic foot

    27 cubic feet = l 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 = l pint = 34 2/3 cubic inches nearly.

  2 pints = l quart = 691/2         "       "

  4 quarts = 1 gallon = 277 1/4     "       "

  2 gallons = l peck = 554 1/2      "       "

  8 gallons= 1 bushel = 2218 1/2    "       "

  8 bushels = l quarter = 10 1/4 cubic feet "

  5 quarters = l load = 51 1/2      "       "

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 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=l chaldron = 58 2/3   "     "

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


  60 seconds = l minute

  60 minutes = l 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 = l day

   7 days = 1 week

  28 days, or 4 weeks = 1 lunar month

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  28, 29, 30, or 31 days = 1 calendar month

  12 calendar months = 1 year
 365 days = 1 common year
 366 day = l 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 hundreths;  each
hundreth, into  ten thousandths,  &c. These divisions, as well as
those of  all other  mea- sures, 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

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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 fire-wood.  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.

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   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 Iiis 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. §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, §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

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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 Trait‚ de M‚d‚cine
L‚gale et  d'hygi‚ne  publique;"  the  "Annale  d'hygi‚ne  et  de
M‚d‚cine 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.

  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

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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

   MELANCHOLIA, med.  jur. A  name given  by the  ancients  to  a
species of par- tial 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
cor- rectly ascertained. Its use is rare.

  MEMBER. This word has various significations:  1. The limits of
the body  use- ful  in self-defence.  Membrum est  pars  corporis
habens destinatum  operationem in  corpore. Co.  Litt. 126 a. See

   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.

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  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.

   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 tem- porary 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

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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.

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   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. §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.

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   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

   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

   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.

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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,  STATUTTE  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

   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 wbich 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 wbo  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.

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   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;
Fonbl. 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  para- mount  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 Engl. 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 Engl.
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

   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;

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2 H.  Bl. 492;   8  T. R.  106;  4 Burr. 2397;  Gods. on Pat. 85;
Perpigna, Manuel des Inventeurs, &c., c. 1, sect. 5, §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 Amaerica,
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, §l;  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

  §1. The legislative power shall be vested in a senate and house
of representatives.

   4. -  §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

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   5. -  §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  terraination  of  each
session. They  shall not be questioned in any other place for any
speech in either house.

   6. - §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. -  §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

   8. -  §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

   9. -§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. -  §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

  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 wbich 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

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day of  January, one  thousand eight  hundred and  fifty, who has
declared his in- tention 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, §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:

  §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.

   l5. - §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. - §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. -  §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

   18. -  §5. He shall transact all necessary;  business with the

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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. -  §6. He  shall take  care that  the laws  be  faithfully

   20. -  §7. He  may convene  the legislature  on  extraordinary

  21. - §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. -  §9. He may convene the legislature at some other place,
when the  seat of  government becomes dangerous from disease or a
common enemy.

   23. -  §0. He  shall issue  writs of  election  to  fill  such
vacancies as occur in the senate or house of representatives.

   24. -  §1. 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  ap-  plying  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

   25. -  §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. -  §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. -  §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. - §15. No member of congress, nor any person holding office

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under the  United States, or this state, shall execute the office
of governor.

   29. -§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.- §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. -  §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. -  §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. - §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. - §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. - §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. -  §4. Four  terms of  the supreme  court  shall  be  held
annually, at such times and places, as may be designated by law.

  37. - §5. The supreme court shall, by general rules, establish,
modify and  amend the  practice in  such court and in the circuit

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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. -  §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. - §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. -  §8. The circuit courts shall have original jurisdiction
in  all   matters  civil  and  criminal,  not  excepted  in  this
constitution,  and   not  probibited  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

   41. -  §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. -  §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. - §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. -  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. -  §13. In  each of  the counties  organized for  judicial
purposes, there  shall be  a court  of probate. The judge of such

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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. - §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. - §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. - §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.  - §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. -  §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. -  §19. Judges  of the  supreme court, circuit judges, and
justices of  the peace, shall be conservators of the peace within
their respective jurisdictions.

   52. -  §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. -  §1. 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. -  §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

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     55.  -   §23.  The   legislature  may  establish  courts  of
conciliation, with  such powers and duties as shall be prescribed
by law.

  56. - §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. -  §5. 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. - §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. -  §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. - §8. 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. - §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. -  §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. -  §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. - §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. -  §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

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officers, or  in any  professional employment. No person shall be
imprisoned for a militia fine in time of peace.

   66. -  §34. No  person shall  be rendered  incompetent to be a
witness, on  account of  his opinions  on  matters  of  religious

   67. -  §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  purcbaser 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 considerpd 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 Iiable 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
tbe commencement  and end of every session. Act of Jan. 22, 1818;
3 Story, Laws U. S. 1657.

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   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  ot 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 ex- ecuted
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.

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   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. §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,

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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

   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  Maderia, is  deemed of  the value  of one
hundred cents. Id.

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   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. §§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 statutos,
part 1, chapter 9, title 11. It is enacted as follows, by

  §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 oned 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. - §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. -   §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.

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  7. - §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. - §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  therin the  nature and  situation of the
mine. Such  notice shall  be registered in a book, to be kept the
secretary for that purpose.

   9. - §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. -  §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, §74;  Kent, Com. 38;  Merl. R‚pert. h. t.
sect. 1, n. 4.

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  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.   Charg‚s
d'Affaires, accredited  to the minister of foreign affairs. R‚cez
du CongrŠs  de Vienne,  du 19 Mars, 1815;  Protocol du CongrŠs d'
Aix la  Chapelle, du  21 Novembre, 1818;  Wheat, Intern. Law, pt.
3, c. §6.

   5. The  act of  May 1,  1810, 2 Story's L. U. S. 1171, fixes a
compensation for public, ministers, as follows

   §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 chargŠ  des affaires,  a greater sum than at the rate of four
thousand five  bundred 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 chargŠ  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
chargŠ des affaires;  but no consul shall be allowed an outfit in
any  case   whatever,  any  usage  or  custom'  to  the  contrary

   6. - §2. That to entitle any chargŠ des affaires, or secretary
of any  legation or  embassy to any foreign country, or secretary
of   any   minister   pleni-potentiary,   to   the   compensation
hereinbefore provided,  they shall, respectively, be appointed by
the president  of the  United Staies,  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 chargŠ  des affaires,  or any  of the secretaries
hereinbefore described,  who shall not be appointed as aforesaid:

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Provided, That  nothing herein  contained shall  be construed  to
authorize any  appointment,  of  a  secretary  to  a  chargŠ  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

   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, eccles.  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.

   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 judidial;  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.)

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   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.

  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

   MISADVENTURE, crim. law, torts. An accident by which an injury
occurs to another.

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   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 uuder 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.

   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  expul- sion 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;

   MISCARRTAGE, 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 reasonsible in

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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  mis- valuing,  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

   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.

   MISDEMEANOR, crim.  law. This  term is  used to  express every
offence infe-  rior 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 Verm. 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

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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 direc- tion. 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.

   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, §1 Louis. Code, 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. §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, §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.

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   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, §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.

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   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. Misprison  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

   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.

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   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,
§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

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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

   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;

   §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. -  §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. -  §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. - § 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. -  §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. -  §20. Each house may punish, by imprisonment, during the
session,  any   person,  not   a  member,  for  disrespectful  or

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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. -  §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. -  §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. - §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. -  § 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. -  §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. -§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. - §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  bolding 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. - §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.

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   20.- §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.  -  §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  prceeding 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.

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   24. -  2d. The  judicial power.  By the  fourth article of the
constitution, the  judicial  power  is  distributed  as  follows,

   §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. - §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. - §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. -  §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. -  §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  sbalI  be  filled  by  executive

  29. - §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 yers.

   30. -  §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. - §8. Tbe 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. - §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. -  §10. The  judges of said court shall, receive for their

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services a  compensation to  be fixed  by law, which shall not be
diminished during their continuance in office.

   34. - §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. -  §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.  -  §13.  The  state  shall  be  divided  into  convenient
districts, and  each district  shall contain  not less than three
nor more than twelve counties.

   37. -  §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.- §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. -  §16. A  separate superior  court of  chancery, shall be
establisbed, 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

   40. -  §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. -  §18. A  court of  probates shall be established in each
county  of   this  state,   with  jurisdiction   in  all  matters
testamentary and  of administration  in orpbans' business and the
allotment of  dower, in  cases of  idiotcy  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. -  §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.

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   43. -  §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. -  §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   tbeir
orgainization;   and all  vacancies that  may occur in said board
shall be  supplied by election as aforesaid to fill the unexpired

   45. - §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 tbe peace, and shall be by law
vested with ample powers in this respect.

   46. -  §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. -  §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. -  §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. §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. - §27. The judges of the several courts of this state, for
wilful 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

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address shall  be taken  by yeas  and nays,  and entered  on  the
journals of each house.

   51. -  §28. Judges  of probate,  clerks, sheriffs,  and  other
county officers,  for wilful  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

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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.

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   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:

  §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

   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.

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   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  aud
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

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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

   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. §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

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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

  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.

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   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 Bingh. R. 106;  S. C. 13 Engl. 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 wilful act of the party, or
owner of  one of  the articles;  by the wilful act of a stranger;
by the  neglilence 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

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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
represent ation  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, aud  it produces  only eight hundred bushels,
the contract is modified, it is for eight hundred bushels, and no

  12. 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
concomitants 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
concomitants in  issue;   but  that  when  such  concomitants  or
circumstances are  not in  themselves material, and therefore not

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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, §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.

   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

   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.  pr‚l. n.  30. The  country governed  by a monarch is
also called a monarchy.

   MONEY. Gold,  silver, and  some other less precious metals, in

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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. §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

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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. -  §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. - §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. -  §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.- §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.
U. S. 2376.

   9. -  2. Act of June 28, 1834, 4 Sharsw. cont. of Story's Laws

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   §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. -  §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. -  §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.

    §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. -  §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.- §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

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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. -  §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. - §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

   17. -  §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.

   §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. -  §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,

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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 exeeeding  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. -  §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. -  §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. -  §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. -  §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.

   26. -  §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

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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

   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. §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, §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.

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258;  7 Mass. 288;  6 Wend. 290;  13 Wend. 488;  Addis. on Contr.

   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 tbe 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.

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   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. Clerke's Prax. tit. 21;  Dunlap's Adm. Pr.

  4. - 3. A mixed monition is one which contains directions for a
general monition to all persons interested, aud 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. R‚pert. h. t.

  MONOCRACY. A government by one person only.

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   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.
§857. The  state of  having only  one husband  or one wife at one

  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, §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 M‚d. 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

   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.
Copyyright;  Patent.

     MONSTER,  physiology,   persons.  An   animal  which  has  a
conformation contrary  to the  order of nature. Dunglison's Human
Physiol. vol. 2, p. 422.

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   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, M‚d.  L‚g. 1ere  part. c.  6, art. 2, §3;  1 Foder‚, M‚d.
L‚g. §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 Pi‚t‚. 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

   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

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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 Iunar,  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, §143;  Story, P. N.
§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, §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.

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   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 morƒ, 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. §123,
259;   Jones on Bailm. 70;  Poth. Pr‚t a Usage, c. 2, §2, art. 2,
n. 60;  Encyclop‚die, mot Demeure;  Broderode, mot Morƒ.

   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,

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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'HygiŠne 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, §23, p. 49.

   MORAL OBLIGATION. A duty which one owes, and which he ought to
perform, but which he is not legally bound to fulfil.

   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;  Potb. 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

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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.  §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

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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. §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.

   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

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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 mortage  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.

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   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
M'Cord, 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. 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. §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,

  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.

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   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.

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   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 Fonbl. 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

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

   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.

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   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 .  PI. §271  to 286.  It is  extremely difficult  to say  what
constitutes multifariousness  as an  abstract proposition. Story,
Eq. Pl.  §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.

  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.

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   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  wilful  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 defnition, 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, lst. 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 distiuguishes 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 wilful, 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

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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.

     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  Engl. 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

   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 tlie 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 enrol

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   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. R‚pert. 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;   §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.

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   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, §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

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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. §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. §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. Prˆt. 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 mˆtier, 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

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