Have questions about Labor Law?

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z <% End If objRecordset.MoveNext WEND objRecordset.Close Set objRecordset = Nothing %> M. When persons were convicted of manslaughter in England, they were formerly marked with this letter on the braw MACE-BEARER, Eng. law. An officer attending the court of session. MACEDONIAN DECREE, civil law. A decree of the Roman senate, which derived its name from that of a certain usurer who was the caus MACHINATION. The act by which some plot or conspiracy is set on foot. MACHINE . A contrivance which serves to apply or regulate moving power; or it is a tool more or less complicated, whic MADE KNOWN. These words are used as a return to a scire facias, when it has been served on the defendant. MAGISTER AD FACULTATES, Eng. eccl. law. The title of an officer who grants dispensations; as, to marry, to eat flesh on days prohibite MAGISTER NAVIS. The master of a ship; a sea captain. MAGISTER SOCIETATIS, Civil law. The principal manager of the busin MAGISTER. A master, a ruler, one whose learning and position makes him su- perior to others, thus: one who has attained MAGISTRACY, mun. law. In its most enlarged signification, this term includes all officers, legislative, executive, and jud MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power giv MAGNA CHARTA. The great charter. The name of an instrument granted by King John, June 19, 1215, which secured to the English 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 con 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 "fel MAINE. One of the new states of the United State's of America. This state was admitted into the Union by the Act of C MAINOUR, crim. law. The thing stolen found in the hands of the thief who has stolen it; hence when a man is found with 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 h MAINPRISE, Engl. law. The taking a man into friendly custody, who might otherwise be committed to prison, upon security g MAINTAINED, pleadings. This is a technical word, indispensable in an indict- ment for maintenance, which no other word or MAINTAINORS, criminal law. Those who maintain or support a cause depending between others, not being retained as counsel or MAINTENANCE, crimes. A malicious, or at least, officious interference in a suit in which the offender has no interest, to a MAINTENANCE, quasi contracts. The support which one person, who is bound by law to do so, gives to another for his living; MAISON DE DIEU. House of God. In England the term, borrowed from the French, signified formerly a hospital, an almshouse, a mo MAJESTY. Properly speaking, this term can be applied only to God, for it signifies that which surpasses all things in g MAJOR . Military language. The lowest of the staff officers; a degree higher than captain. MAJOR GENERAL. A military officer, commanding a division or number of regi- ments; the next in rank below a lieutenant genera MAJOR, persons. One who has attained his full age, and has acquired all his civil rights; one who is no longer a mino MAJORES. The male ascendant beyond the sixth degree were so called among the Romaus, and the term is still used in maki MAJORITY, government. The greater number of the voters; though in another sense, it means the greater number of votes gi MAJORITY, persons. The state or condition of a person who has arrived at full age. He is then said to be a major, in opp MAKER. This term is applied to one who makes a promissory note and promises to pay it when due. He who makes a bill o MAKING HIS LAW. A phrase used to denote the act of a person who wages his law. Bac. Ab. Wager of law, in pr. MALA FIDES. Bad faith. It is opposed to bona fides, good faith. MALA PRAXIS, crim. law. A Latin expression, to signify bad or unskilful practice in a physician or other professional perso MALA PROHIBITA. Those things which are prohibited by law, and therefore unlawful. 2. A distinction was formerly made in respec MALE. Of the masculine sex; of the sex that begets young; the sex opposed to the female. Vide Gender; Man; Sex; Wort MALEDICTION, Eccles. law. A curse which was anciently annexed to donations of lands made to churches and religious houses, 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 MALICE AFORETHOUGHT, pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging th 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 MALICE, torts. The doing any act injurious to another without a just cause. 2. This term, as applied to torts, does no MALICIOUS ABANDONMENT. The forsaking without a just cause a husband by the wife, or a wife by her husband. Vide Abandonment, Maliciou MALICIOUS MISCHIEF, This expression is applied to the wanton or reckless de- struction of property, and the wilful perpetration of MALICIOUS PROSECUTION, or MALICIOUS ARREST, torts, or remedies. These terms import a wanton prosecution or arrest, made by a prosecutor in a criminal proc MALICIOUS. With bad, and unlawful motives; wicked. MALUM IN SE. Evil in itself. 2. An offence malum in se is one which is naturally evil, as murder, theft, and the like; offe 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 co MAN. A human being. This definition includes not only the adult male sex of the human species, but women and childr MANAGER. A person, appointed or elected to manage the affairs of another, but the term is more usually applied to those MANBOTE. In a barbarous age, when impunity could be purchased with money, the compensation which was paid for homicide MANCIPATIO, civil law. The act of transferring things called res mancipi. (q. v.) This is effected in the presence of not MANDAMUS, practice. The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we 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 MANDATARY, contracts. One who undertakes to perform a mandate. Jones' Bailm. 53; Story on Bailm. 38. Dr. Halifax calls hi MANDATE, civil law. Mandates were the instructions which the emperor addressed to public functionaries, which were to s MANDATE, practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enfo MANDAVI BALLIVO, English law. The return made by a sheriff, when he has committed the execution of a writ to a bailiff of a lib MANHOOD. The ceremony of doing homage by the vassal to his lord was de- nominated homagium or manhood, by the feudists. MANIA , med. jur. This subject will be considered by examining it, first, in a medical point of view; and, secondly, 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 A MANIFEST, evidence. That which is clear and requires no proof; that which is noto- rious. See Notoriety. MANIFESTO. A solemn declaration, by the constituted authorities of a nation, which contains the reasons for its public ac MANKIND. Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the stat MANNER AND FORM, pleading. After traversing any allegation in pleading, it is usual to say "in manner and form as he has in his 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 pre 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. & MANSLAUGHTER, crim. law. The unlawful killing of another without malice either express or implied. 4 Bl. Com. 190 1 Hale, P. 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 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 occupa MANUCAPTIO, practice. In the English law it is a writ which lies for a man taken on suspicion of felony and the like, who MANUCAPTORS. The same as mainpernors. (q. v.) MANUFACTURE. This word is used in the English and American patent laws. Th MANUMISSION, contracts. The agreement by which the owner or master of a slave sets him free and at liberty; the written ins MANURE, Dung. When collected in a heap, it is considered as personal property, but, when spread, it becomes a part of MANUS. Anciently signified the person taking an oath as a compurgator. The use of this word probably came from the pa MANUSCRIPT . A writing; a writing which has never been printed. 2. The act of congress securing to authors a copyright pa MARAUDER. One who, while employed in the army as a soldier, commits a larceny or robbery in the neighborhood of the camp MARCHES, Eng. law. This word signifies the limits, or confines, or borders. Bac. Law Tracts, tit. Jurisdiction of the. 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 ward MARINE CONTRACT. One which relates to business done or transacted upon the sea and in sea ports, and over which the courts of a MARINE INSURANCE, contracts. A contract by which one party, for a stipulated premium, undertakes to indemnify the other, against MARINE INTEREST, contracts. A compensation paid for the use and risk of money loaned on respondentia and bottomry; provided the MARINE LEAGUE. A measure equal to the twentieth part of a degree. Bouch. Inst. n. 1845, not. Vide Cannon Shot; Sea. MARINE. Whatever concerns the navigation of the sea, and forms the naval power of a nation is called its marine. MARINER. One whose occupation is to navigate vessels on the sea. Vide Seamen Shipping articles. 2. By act of congress, MARITAGIUM. Anciently that portion which was given with a daughter in marriage. 2. During the existence of the feudal law, MARITAL PORTION. In Louisiana, this name is given to that part of a deceased husband's estate, to which the widow is entitled. MARITAL. That which belongs to marriage; as marital rights, marital duties. 2. Contracts made by a feme sole with a vie MARITIME CAUSE. Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as re MARITIME CONTRACT . One which relates to the navigation of the sea. 2. The admiralty has jurisdiction in case of the breach of s MARITIME LAW. That system of law which relates to the affairs of the sea, such as seamen, ships, shipping, navigation, and t MARITIME LOAN. A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum MARITIME PROFIT, mar. law. The French writers use the term maritime profit to signify any profit derived from a maritime lean. MARITIME. That which belongs to or is connected with the sea. MARK. This term has several acceptations. 1. It is a sign traced on paper or parchment, which stands in the place of MARKET OVERT, Engl. law. Market overt is an open or public market; that is, a place appointed by law or custom for the sale MARKET. A public place appointed by public authority, where all sorts of things necessary for the subsistence, or for MARLEBRIDGE, STATUTE OF . The name of a statute passed the 52 Hen. III, A. D. 1267, so called because it was enacted at Marlebridge. B 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 MARRIAGE BROKAGE. By this expression is meant the act by which a person interferes, for a consideration to be received by him, b MARRIAGE PORTION. That property which is given to a woman on her marriage. Vide Dowry. MARRIAGE SETTLEMENT. An agreement made by the parties in contemplation of marriage by which the title to certain property is change MARRIAGE, PROMISE OF. A promise of marriage is a contract entered into between a man and woman that they will marry each other. 2. W MARRIAGE. A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each MARSHAL. An officer of the United States, whose duty it is to execute the process of the courts of the United States. H MARSHALLING SECURITIES, equity. When a party has two funds by which his debt is secured, and another creditor has a claim only on one 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 paten MASCULINE . That which belongs to the male sex. 2. The masculine sometimes includes the feminine, vide an example under MASSACHUSETTS. One of the original states of the United States of America. The colony or province of Massachusetts was includ MASTER AT COMMON LAW, Engl. law. An officer of the superior courts of law, who has authority for taking affidavits sworn in court, a MASTER IN CHANCERY. An officer of the court of chancery. 2. The origin of these officers is thus accounted for. The chancellor fro 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 cons 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 o MASTER. This word has several meanings. 1. Master is one who has control over a servant or apprentice. A master stands MATE. The second officer on board of a merchant ship or vessel. 2. He has the right to sue in the admiralty as a com 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, MATERIALITY. That which is important; that which is not merely of form but of substance. 2. When a bill for discovery has b MATERIALS. Everything of which anything is made. 2. When materials are furnished to a workman he is bound to use them acc MATERNA MATERNIS. This expression is used in the French law to signify that in a succession the property coming from the mother MATERNAL PROPERTY. That which comes from the mother of the party, and other ascendants of the maternal stock. Domat, Liv. Prel. t MATERNAL. That which belongs to, or comes from the mother: as, maternal authority, maternal relation, maternal estate, m 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. MATRICULA, civil law. A register in which are inscribed the names of persons who become members of an association or soci MATRIMONIAL CAUSES. In the English ecclesiastical courts there are five kinds of causes which are classed under this head. 1. Caus MATRIMONIUM. By this word is understood the inheritance descending to a man, ex parti matris. It is but little used. 2. Amo 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 wi MATTER IN DEED. Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it sign MATTER IN PAYS . Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record. MATTER OF FACT, pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; H MATTER OF LAW, pleading. That which goes in avoidance of a declaration or other pleading, on the ground that the law does not MATTER OF RECORD. Those facts which may be proved by the production of a record. It differs from matter in deed, which consists MATTER, IMPERTINENT, Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id MATTER, SCANDALOUS, equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is pos MATTER. Some substantial or essential thing, opposed to form; facts. MATURITY. The time when a bill or note becomes due. In order to bind the endorsers such note or bill must be protested, MAXIM. An established principle or proposition. A principle of law universally admitted, as being just and consonant MAYHEM, crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render MAYHEMAVIT. Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavi MAYOR'S COURT. The name of a court usually established in cities, composed of a mayor, recorder and aldermen, generally havin MAYOR, officer. The chief or executive magistrate of a city who bears this title. 2. It is generally his duty to caus MEAN. This word is sometimes used for mesne. (q. v.) MEASON-DUE. A corruption of Maison de Dieu. (q. v.) MEASURE OF DAMAGES, prac. Those principles or rules of law which control a jury in adjusting or proportioning the damages, in cert MEASURE. That which is used as a rule to determine a quantity. A certain quantity of something, taken for a unit, and w MEDIATE, POWERS. Those incident to primary powers, given by a principal to Iiis agent. For example, the general authority given MEDIATION. The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their MEDIATOR. One who interposes between two contending parties, with their consent, for the purpose of assisting them in se MEDICAL JURISPRUDENCE. That science which applies the principles and practice of the different branches of medicine to the elucidatio MEDICINE CHEST. A box containing an assortment of medicines. 2. The act of congress for the government and regulation of seame MEDIETAS LINGUAE. Half tongue. This expression was used to signify that a jury for the trial of a foreigner or alien for a crime MELANCHOLIA, med. jur. A name given by the ancients to a species of par- tial intellectual mania, now more generally known 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 utl MEMBER OF CONGRESS. A member of the senate or house of representatives of the United States. 2. During the session of congress the MEMBER. This word has various significations: 1. The limits of the body use- ful in self-defence. Membrum est pars cor MEMBERS, English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; a MEMORANDUM CHECK. It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check MEMORANDUM OR NOTE. These words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of fra MEMORANDUM, insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, " MEMORANDUM. Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its MEMORIAL. A petition or representation made by one or more individuals to a legislative or other body. When such instrum MEMORY, TIME OF. According to the English common law, which has been altered by 2 & 3 Wm. IV., c. 71, the time of memory commen MEMORY. Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary. 2 MENACE. A threat; a declaration of an intention to cause evil to happen to another. 2. When menaces to do an injury to MENIAL. This term is applied to servants who live under their master's roof Vide stat. 2 H. IV., c. 21. MENSA ET THORO. The phrase a mensa et thoro is applied to a divorce which separates the husband and wife but does not dissolve MENSA. This comprehends all goods and necessaries for livelihood. Obsolete. MERCHANDISE . By this term is understood all those things which merchants sell either wholesale or retail, as dry goods, h MERCHANT. One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merc 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 th MERCY, crim. law. The total or partial remission of a punishment to which a convict is subject. When the whole punish MERCY, Practice. To be in mercy, signifies to be liable to punishment at the discretion of the judge. MERE. This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unbo MERGER, crim. law. When a man commits a great crime which includes a lesser, the latter is merged in the former. 2. Mu MERGER, estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate MERGER, rights. Rights are said to be merged when the same person who is bound to pay is also entitled to receive. Thi MERGER, torts. Where a person in committing a felony also commits a tort against a private person; in this case, the w MERGER. Where a greater and lesser thing meet, and the latter loses its separate existence and sinks into the former. MERITS. This word is used principally in matters of defence. 2. A defence upon the merits, is one that rests upon the MERTON, STATUTTE OF. A statute so called, because the parliament or rather council, which enacted it, sat at Merton, in Surrey. It MESCROYANT. Used in our ancient books. An unbeliever. Vide Infidel. MESE. An ancient word used to signify house, probably from the French maison; it is said that by this word the build MESNE PROCESS. Any process issued between original and final process; that is, between the original writ and the execution. S MESNE PROFITS, torts, remedies. The value of the premises, recovered in ejectment, during the time that the lessor of the pla MESNE, WRIT of. The name of an ancient writ, which lies when: the lord para- mount distrains on the tenant paravail; the l MESNE. The middle between two extremes, that part between the commencement and the end, as it relates to time. 2. Hen MESSENGER. A person appointed to perform certain duties, generally of a ministerial character. 2. In England, a messenger MESSUAGE , property. This word is synonymous with dwelling-house; and a grant of a messuage with the appurtenances, wil METRE or METER. This word is derived from the Greek, and signifies a measure. 2. This is the standard of French measure. 3. Th 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 g 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 No MICHIGAN. One of the new, states of the United States of America. This state was admitted into the Union by the Act, of MIDDLEMAN contracts. A person who is employed both by the seller and purchaser of goods, or by the purcbaser alone, to r 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 v MILE, measure. A length of a thousand paces, or seventeen hundred and sixty yards, or five thousand two hundred and MILEAGE. A compensation allowed by law to officers, for their trouble and expenses in travelling on public business. 2 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, suppre MILL, estates. Mills are so very different and various, that it is not easy to give a definition of the term. They a MILL, money. An imaginary money, of which ten are equal to one cent, one hundred equal to a dime, and one thousand e MILLED MONEY. This term means merely coined money, and it is not necessary that it should be marked or rolled on the edges. 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 MINE. An excavation made for obtaining minerals from the bowels of the earth, and the minerals themselves are known MINISTER, eccles. law. One ordained by some church to preach the gospel. 2. Ministers are authorized in the United State MINISTER, government. An officer who is placed near the sovereign, and is invested with the administration of some one o MINISTER, international law. This is the general name given to public functionaries who represent their country abroad, MINISTER, mediator. An officer appointed by the government of one nation, with the consent of two other nations, who hav MINISTERIAL . That which is done under the authority of a superior; opposed to judidial; as, the sheriff is a ministerial MINISTERIAL TRUSTS. These which are also called instrumental trusts, demand no further exercise of reason or understanding, than e MINOR, persons. One under the age of twenty-one years, while in a state of infancy; one who has not attained the age MINORITY. The state or condition of a minor; infancy. In another sense, it signifies the lesser number of votes of a del MINT. The place designated by law, where money is coined by authority of the government of the United States. 2. The MINUTE BOOK. A book kept by the clerk or prothonotary of a court, in which minutes of its proceedings are entered. It has b MINUTE, measures. In divisions of the circle or angular measures, a minute is equal to sixty seconds, or one sixtieth MINUTE, practice. A memorandum of what takes place in court; made by authority of the court. From these minutes the re MIRROR DES JUSTICES. The Mirror of Justices, a treatise written during the reign of Edward II. Andrew Horne is its reputed author. MIS. A syllable which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, MISADVENTURE, crim. law, torts. An accident by which an injury occurs to another. 2. When applied to homicide, misadventure MISBEHAVIOUR. Improper or unlawful conduct. See 2 Mart. N. S. 683. 2. A party guilty of misbehaviour; as, for example, to th MISCARRTAGE, contracts, torts. By the English statute of frauds, 29, C. II., c. 3, s. 4, it is enacted that "no action shal MISCASTING. By this term is not understood any pretended miscasting or mis- valuing, but simply an error in auditing and n 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 right MISCONTINUANCE, practice. By this term is understood a continuance of a suit by undue process. Its effect is the same as a dis MISDEMEANOR, crim. law. This term is used to express every offence infe- rior to felony, punishable by indictment, or by pa MISDIRECTION, practice. An error made by a judge in charging the jury in a special case. 2. Such misdirection is either in r MISE, English law. In a writ of right which is intended to be tried by the grand assize, the general issue is called MISERABILE DEPOSITUM, civ. law. The name of an involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire MISERICORDIA, mercy. An arbitrary or discretionary amercement. 2. To be in mercy, is to be liable to such punishment as the MISFEASANCE , torts, contracts. The performance of an act which might lawfully be done, in an improper manner, by which an MISJOINDER, pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declarati MISNOMER. The act of using a wrong name. 2. Misnomers, may be considered with regard to contracts, to devises and beques MISPLEADING. Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an acti MISPRISION, crim. law. 1. In its larger sense, this word is used to signify every considerable misdemeanor, which has not MISREADING, contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading MISRECITAL , contracts, pleading. The incorrect recital of a matter of fact, either in an agreement or a plea; under the MISREPRESENTATION, contracts. The statement made by a party to a contract, that a thing relating to it is in fact in a particular 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, sh MISSISSIPPI. The name of one of the new states of the United States of America. This state was admitted into the Union, by MISSOURI. The name of one of the new states of the United States of America. This state was admitted into the Union by a MISTAKE, contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to MISTRIAL. An erroneous trial on account of some defect in the persons trying, as if the jury come from the wrong county MISUSE OF PROPERTY. The unlawful use of property. 2. The misuse of personal property delivered lawfully to the defendant, is a con MISUSER. An unlawful use of a right. 2. In cases of public officers and corporations, a misuser is sufficient to cause MITIGATION. To make less rigorous or penal. 2. Crimes are frequently committed under circumstances which are not justifia MITIOR SENSUS, construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or MITTER, law-French. To put, to send, or to pass; as mitter' l'estate, to pass the estate; mitter le droit, to pass a r MITTIMUS , crim. law, practice. A precept in writing, under the hand and seal of a justice of the peace, or other compe MITTIMUS, English practice. A writ enclosing a record sent to be tried in a county palatine; it derives its name from th MIXED ACTIONS, practice. An action partaking of a real and personal action by which real property is demanded, and damages fo MIXED GOVERNMENT. A government composed of some of the powers of a monarchical, aristocratical, and democratical government. See MIXED OR COMPOUND LARCENY, crim. law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the a MIXED PROPERTY. That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-ston MIXED. To join; to mingle. A compound made of several simples is said to be something mixed. MIXT CONTRACT, civil law. One in which one of the parties confers a benefit on the other, and requires of the latter somethin MIXTION. The putting of different goods or chattels together in such a manner that they can no longer be separated; as MOBBING AND RIOTING, Scotch law. The general term mobbing and rioting includes all those convocations of the lieges for violent and 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 Cong MODERATE CASTIGAVIT, pleading. The name of a plea in trespass by which the defendant justifies an assault and battery, because he m MODERATOR. A person appointed to preside at a popular meeting; sometimes he is called a chairman. MODIFICATION. A cha MODO ET FORMA, pleading. In manner and form. These words are used in tendering an issue in a civil case. 2. Their legal effec 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 MOHATRA, French law. The name of a fraudulent contract, made to cover a usurious loan of money. 2. It takes place when MOIETY. The half of anything; as, if a testator bequeath one moiety of his estate to A, and the other to B, each shall MOLESTATION, Scotch law, The name of an action competent to the proprietor of a landed estate, against those who disturb hi MOLITER MANUS IMPOSUIT, pleading. In an action of trespass to the person, the defendant frequently justifies by pleading that he used 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 magistr MONEY BILLS, legislation. Pills or projects of laws providing for raising revenue, and for making grants or appropriations MONEY COUNTS, pleadings. The common counts in an action of assumpsit are so called, because they are founded on express or i MONEY HAD AND RECEIVED. An action of assumpsit will lie to recover money to which the plaintiff is entitled, and which in justice and MONEY LENT. In actions of assumpsit a count is frequently introduced in the declaration charging that the defendant promis MONEY PAID. When one advances money for tbe benefit of another with his consent, or at his express request, although he be MONEY. Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become t MONITION, practice. In those courts which use the civil law process, (as the court of admiralty, whose proceedings are, MONITORY LETTER, eccl. law. The process of an official, a bishop or other prelate having jurisdiction, issued to compel, by ecc MONOCRACY. A government by one person only. MONOCRAT. A monarch who governs alone; an absolute governor. MONOGAMY. A marriage contracted between one m MONOGRAM. A character or cipher composed of one or more letters interwoven, being an abbreviation of a name. 2. A signat MONOMANIA. med. jur. Insanity only upon a particular subject; and with a single delusion of the mind. 2. The most simple MONOPOLY, commercial law. This word has various significations. 1. It is the abuse of free commerce by which one or more MONSTER, physiology, persons. An animal which has a conformation contrary to the order of nature. Dunglison's Human Phy MONSTRANS DE DROIT. Literally showing of right, in the English law, is a process by which a subject claim from the crown a restitu 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 ten MONTES PIETATIS, or Monts de Piete. The name of institutions established by public authority for lending money upon pledge of g MONTH. A space of time variously computed, as it is applied to astronomical, civil or solar, or lunar months. 2. The MONUMENT. A thing intended to transmit to posterity the memory of some one; it is used, also, to signify a tomb where a MONUMENTS. Permanent landmarks established for the purpose of ascertaining boundaries. 2. Monuments may be either natural MOORING , mar. law. The act of arriving of a ship or vessel at a particular port, and there being anchored or otherwis MOOT, English law. A term used in the inns of court, signifying the exercise of arguing imaginary cases, which young MORA , In civil law. This term, in mora, is used to denote that a party to a contract, who is obliged to do anythin 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 o MORAL INSANITY , med. jur. A term used by medical men, which has not yet acquired much reputation in the courts. Moral insani MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfil. 2. These ob 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 MORT D'ANCESTOR. An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which wa MORTGAGE, contracts, conveyancing. Mortgages are of several kinds: as the concern the kind of property, mortgaged, they MORTGAGEE, estates, contracts. He to whom a mortgage is made. 2. He is entitled to the payment of the money secured to hi MORTGAGOR, estate's, contracts. He who makes a mortgage. 2. He has rights, and is liable to certain duties as such. 1. He MORTIFICATION, Scotch law. This term is nearly synonymous with mortmain. MORTMAIN. An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or tempora MORTUARIES, Eng. law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the ministe 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, MOTHER , domestic relations. A woman who has borne a child. 2. It is generally the duty of a mother to support her ch 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 MOTIVE. The inducement, cause or reason why a thing is done. 2. When there is such a mistake in the motive, that had t MOURNING. This word has several significations. 1. It is the apparel worn at funerals, and for a time afterwards, in ord MOVABLES, estates. Such subjects of property as attend a man's person wherever he goes, in contradistinction to things i MULATTO. A person born of one white and one black parent. 7 Mass. R. 88; 2 Bailey, 558. MULCT, commerce. An imposition laid on ships or goods by a company of trade, for the maintenance of consuls and the l MULCT, punishment. A fine imposed on the conviction of an offence. MULIER. A woman, a wife; sometimes it is used to designate a marriageable virgin, and in other cases the word mulier i MULTIFARIOUSNESS, equity pleading. By multifariousness in a bill, is understood the improperly joining in one bill distinct matt MULTITUDE. The meaning of this word is not very certain. By some it is said that to make a multitude there must be ten pe MULTURE, Scotch law. The quantity of grain or meal payable to the proprietor of the mill, or to the multurer, his tacks MUNERA. The name given to grants made in the early feudal ages, which were mere tenancies at will, or during the pleas MUNICIPAL. Strictly, this word applies only to what belongs to a city. Among the Romans, cities were called municipia; th MUNICIPALITY. The body of officers, taken collectively, belonging to a city, who are appointed to manage its affairs and def MUNIMENTS . The instruments of writing and written evidences which the owner of lands, possessions, or inheritances has, MURAGE. A toll formerly levied in England for repairing or building public walls. MURAL MONUMENTS . Monuments made in walls. 2. Owing to the difficulty or impossibility of removing them, secondary evidence ma MURDER, crim. law. This, one of the most important crimes that can be committed against individuals, has been variousl MURDER, pleadings. In an indictment for murder, it must be charged that the prisoner "did kill and murder" the decease MURDRUM, old Engl. law. During the times of the Danes, and afterwards till the reign of Edward III, murdrum was the kil MUSICAL COMPOSITION. The act of congress of February 3, 1831, authorizes the granting of a copyright for a musical composition. A q MUSTER-ROLL, maritime law; A written document containing the name's, ages, quality, place of residence, and, above all, pla MUSTIRO. This name is given to the issue of an Indian and a negro. Dudl. S. Car. R. 174. MUTATION OF LIBEL, practice. An amendment allowed to a libel, by which there is an alteration of the substance of the libel, as b MUTATION, French law. This term is synonymous with change, and is particularly applied to designate the change which tak MUTATIS MUTANDIS. The necessary changes. This is a phrase of frequent practical occurrence, meaning that matters or things are g 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 frivolo 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 MUTINY, crimes. The unlawful resistance of a superior officer, or the raising of commotions and disturbances on board MUTUAL. Reciprocal. 2. In contracts there must always be a consideration in order to make them valid. This is sometime MUTUARY, contracts. A person who borrows personal chattels to be consumed by him, and returned to the lender in kind; t MUTUUM, or loan for consumption, contracts. A loan of personal chattels to be consumed by the borrower, and to be retu MYSTERY or MISTERY. This word is said to be derived from the French mestier now written m?tier, a trade. In law it signifies a tra MYSTIC. In a secret manner; concealed; as mystic testament, for a secret testament. Vide 2 Bouv. Inst. n. 3138; Testam Quick Search Labor Law Posters Our Complete labor law poster combines the mandated State, Federal, & OSHA posters on one poster.

Copyright LegalLawTerms.com.