Bouvier's Law Dictionary, 1856 Edition

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Bouvier's Law Dictionary
1856 Edition

M. When persons were convicted of manslaughter in England, = they were=20 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=20 States, and signifies that the treasury note bears interest at the rate = of one=20 mill per centum, and not one per centum interest. 13 Peters, 176.

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

MACEDONIAN DECREE, civil law. A decree of the Roman senate, = which=20 derived its name from that of a certain usurer who was the cause of its = being=20 made, in consequence of his exactions. It was intended to protect sons = who lived=20 under the paternal jurisdiction, from the unconscionable contracts which = they=20 sometimes made on the expectations after their fathers' deaths; another, = and=20 perhaps, the principle object, was to cast odium on the rapacious = creditors. It=20 declared such contracts void. Dig. 14, 6, 1; Domat, Lois, Civ. liv. 1, = tit. 6,=20 =A74; Fonbl. Eq . B. 1, c. 2, =A712, note. Vide Catching bargain; Post = obit.

MACHINATION. The act by which some plot or conspiracy is set = on=20 foot.

MACHINE. A contrivance which serves to apply or regulate = moving power;=20 or it is a tool more or less complicated, which is used to render useful = natural=20 instruments, Clef. des Lois Rom. h. t.

2. The act of congress gives to inventors the right to obtain a = patent right=20 for any new and useful improvement on any art, machine, manufacture, = &c. Act=20 of congress, July 4, 1836, s. 6. See Pet. C. C. 394; 3 Wash. C. C. 443; = 1 Wash.=20 C. C. 108; 1 Wash. C. C. 168; 1 Mason, 447; Paine, 300; 4 Wash. C. C. = 538; 1=20 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=20 it has been served on the defendant.

MAGISTER. A master, a ruler, one whose learning and position = makes him=20 su- perior to others, thus: one who has attained to a high degree, or = eminence,=20 in science and literature, is called a master; as, master of arts.

MAGISTER AD FACULTATES, Eng. eccl. law. The title of an = officer who=20 grants dispensations; as, to marry, to eat flesh on days prohibited, and = the=20 like. Bac. Ab. Eccles. Courts, A 5.

MAGISTER NAVIS. The master of a ship; a sea captain. = MAGISTER=20 SOCIETATIS, Civil law. The principal manager of the business of a = society or=20 partnership.

MAGISTRACY, mun. law. In its most enlarged signification, this = term=20 includes all officers, legislative, executive, and judicial. For = example, in=20 most of the state constitutions will be found this provision; "the = powers of the=20 government are divided into three distinct departments, and each of = these is=20 confided to a separate magistracy, to wit: those which are legislative, = to one;=20 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=20 it is to put the laws in force; as, judges, justices of the peace, and = the like.=20 In a still narrower sense it is employed to designate the body of = justices of=20 peace. It is also used for the office of a magistrate.

MAGISTRATE, mun. law. A public civil officer, invested with = some part=20 of the legislative, executive, or judicial power given by the = constitution. In a=20 narrower sense this term includes only inferior judicial officers, as = justices=20 of the peace.

2. The president of the United States is the chief magistrate of this = nation;=20 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=20 for the good of the people, according to law, and with zeal and = fidelity. A=20 neglect on the part of a magistrate to exercise the functions of his = office,=20 when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; Ayl. Pand. = tit.=20 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=20 King John, June 19, 1215, which secured to the English people many = liberties=20 which had before been invaded, and provided against many abuses which = before=20 rendered liberty a mere name.

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

MAIDEN. The name of an instrument formerly used in Scotland = for=20 beheading criminals.

MAIL. This word, derived from the French malle, a trunk, = signifies the=20 bag, valise, or other contrivance used in conveying through the post = office,=20 letters, packets, newspapers, pamphlets, and the like, from place to = place,=20 under the authority of the United States. The things thus carried are = also=20 called the mail.

2. The laws of the United States have provided for the punishment of=20 robberies or wilful injuries to the mail; the act of March 3, 1825, 3 = Story's=20 Laws U. S. 1985, provides-

=A722. That if any person shall rob any carrier of the mail of the = United=20 States, or other person entrusted, therewith, of such mail, or of part = thereof,=20 such offender or offenders shall, on conviction, be imprisoned not less = than=20 five years, nor exceeding ten years; and, if convicted a second time of = a like=20 offence, he or they shall suffer death; or if, in effecting such robbery = of the=20 mail, the first time, the offender shall wound the person having the = custody=20 thereof, or put his life in jeopardy, by the use of dangerous weapons, = such=20 offender or offenders shall suffer death. And if any person shall at- = tempt to=20 rob the mail of the United States, by assaulting the person having = custody=20 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=20 conviction thereof, shall be punished by imprisonment, not less than two = years,=20 nor exceeding ten years. And, if any person shall steal the mail, or = shall steal=20 or take from, or out of, any mail, or from, or out of, any post office, = any=20 letter or packet; or, if any person shall take the mail, or any letter = or packet=20 therefrom, or from any post office, whether with or without the consent = of the=20 person having custody thereof, and shall open, embezzle, or destroy any = such;=20 mail, letter, or packet, the same containing any articles of value, or = evidence=20 of any debt, due, demand, right, or claim, or any release, receipt, = acquittance,=20 or discharge, or any other articles, paper, or thing, mentioned and = described in=20 the twenty-first section of this act; or, if any person shall, by fraud = or=20 deception, obtain from any person having custody thereof, any mail, = letter, or=20 packet, containing any article of value, or evidence thereof, or either = of the=20 writings referred to, or next above mentioned, such offender, or = offenders, on=20 conviction thereof, shall be imprisoned not less than two, nor exceeding = ten=20 years. And if any person shall take any letter, or packet, not = containing any=20 article of value, or. evidence thereof, out of a post office, or shall = open any=20 letter or packet, which shall have been in a post office, or in custody = of a=20 mail carrier, before it shall have been de-livered to the person to whom = it is=20 directed, with a design to obstruct the correspondence, to pry into = another's=20 business or secrets; or shall secrete, embezzle, or destroy, any such = mall,=20 letter, or packet, such offender, upon conviction, shall pay, for every = such=20 offence, a sum not exceeding five hundred dollars, and be imprisoned not = exceeding twelve months.

3. - =A723. That, if any person shall rip, cut, tear, burn, or = otherwise=20 injure, any valise, portmanteau, or other bag used, or designed to be = used, by=20 any person acting under the authority of the postmaster general, or any = person=20 in whom his powers are vested in a conveyance of any mail, letter = packet, or=20 newspaper, or pamphlet, or shall draw or break any staple, or loosen any = part of=20 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,=20 newspaper, or pamphlet, or to render either of the same insecure, every = such=20 offender, upon conviction, shall, for every such offence, pay a sum, not = less=20 than one hundred dollars, nor exceeding five hundred-dollars, or be = imprisoned=20 not leas than one year, nor exceeding three years, at the discretion of = the=20 court before whom such conviction is had.

4. - =A724. That every person who, from and after the passage of this = act,=20 shall procure, and advise, or assist, in the doing or perpetration of = any of the=20 acts or crimes by this act forbidden, shall be subject to the same = pen-alties=20 and punishments as the persons are subject to, who shall actually do or=20 perpetrate any of the said acts or crimes, according, to the provision = of this=20 act.

5.- =A725. That every person who shall be imprisoned by a judgment of = court,=20 under and by virtue of the twenty-first, twenty-second, twenty-third, = or,=20 twenty-fourth sections of this act, shall be kept at hard labor during = the=20 period of such imprisonment.

MAILE, ancient English law. A small piece of money; it also = signified=20 a rent, because the rent was paid with maile.

MAIM, pleadings. This is a technical word necessary to be = introduced=20 into all indictments for mayhem; the words "feloniously did maim," must = of=20 necessity be inserted, because no other word, or any circumlocution, = will answer=20 the same purpose. 4 Inst. 118; Hawk. B. 2, c. 23, s. 17, 18, 77; Hawk. = B. 2, c.=20 25, s, 55; 1 Chit. Cr. Law, *244.

TO MAIM, crim. law. To deprive a person of such part of his = body as to=20 ren- der him less able in fighting or defending himself than he would = have=20 otherwise been. Vide Mayhem.

MAINE. One of the new states of the United State's of America. = This=20 state was admitted into the Union by the Act of Congress of March 3, = 1820, 3=20 Story's L. U . S. 1761, from and after the fifteenth day of March, 1820, = and is=20 thereby declared to be one of the United States of America, and admitted = into=20 the Union on an equal footing with the original states in all respects=20 whatever.

2. The constitution of this state was adopted October 29th, 1819. The = powers=20 of the government are vested in three distinct departments, the = legislative,=20 executive and judicial.

3. - 1. The legislative power is vested in two distinct branches, a = house of=20 representatives and senate, each to have a negative on the other, and = both to be=20 styled The legislature of Maine. 1. The house of representatives is to = consist=20 of not less than one hundred, nor more than two hundred members; to be=20 apportioned among the counties according to law; to be elected by the = quali-fied=20 electors for one year from the next day preceding the annual meeting of = the=20 legislature. 2. The senate consists of not less than twenty, nor more = than=20 thirty-one members, elected at the same time, and for the same term, as = the=20 representatives, by the qualified electors of the districts into which = the state=20 shall, from time to time, be divided. Art. 4, part 2, s. 1. The veto = power is=20 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=20 is elected by the qualified electors, and holds his office one year from = the=20 first Wednesday of January in each year. On the first Wednesday of = January=20 annually, seven persons, citizens of the United States, and resident = within the=20 state, are to be elected by joint ballot of the senators and = representatives in=20 convention, who are called the council. This council is to advise the = governor=20 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=20 the constitution as follows:

6. - =A71. The judicial power of this state shall be vested in a = supreme=20 judicial court, and such other courts as the legislature shall, from = time to=20 time, establish.

7. - =A72. The justices of the supreme judicial court shall, at = stated times,=20 receive a compensation, which shall not be diminished during their = continuance=20 in office, but they shall receive no other fee or reward.

8. - =A73. They shall be obliged to give their opinion upon important = questions=20 of law, and upon solemn occasions, when required by the governor, = council,=20 senate, or house of representatives.

9. - =A74. All judicial officers; except justices of the peace, shall = hold=20 their offices during good behaviour, but not beyond the age of seventy = years.=20

10. - =A75. Justices of the peace and notaries public shall hold = their offices=20 during seven years, if they so long behave themselves well, at the = expiration of=20 which term, they may be re-appointed, or others appointed, as the public = interest may require.

11. - =A76. The justices of the supreme judicial court shall bold no = office=20 under the United States, nor any state, nor any other office under this = state,=20 except that of justice of the peace. For a history of the province of = Maine, see=20 1 Story on the Const. =A782.

MAINOUR, crim. law. The thing stolen found in the hands of the = thief=20 who has stolen it; hence when a man is found with property which he has = stolen,=20 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=20 stolen was found in the hands of the criminal, and when the proof = depended upon=20 other circumstances not quite so irrefragable; the former properly was = termed=20 pris ove maynovere, or ove mainer, or mainour, as it is generally = written. Barr.=20 on the Stat. 315, 316, note:

MAINPERNABLE. Capable of being bailed; one for whom bail may = be taken;=20 bailable.

MAINPERNORS, English law. Those persons to whom a man, is = delivered=20 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=20 up before the stipulated day of appearance; mainpernors can do neither, = but are=20 merely sureties for his appearance at the day; bail are only sureties = that the=20 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.=20 Com. 128; vide Dane's Index, h. t.

MAINPRISE, Engl. law. The taking a man into friendly custody, = who=20 might otherwise be committed to prison, upon security given for his = appearance=20 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=20 his sureties, and cannot imprison him themselves to secure his = appearance, as=20 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=20 Cases; 4 Inst. 180. Vide Mainpernors. Writ of Mainprise; and 15 Vin. Ab. = 146; 3=20 Bl. Com. 128.

MAINTENANCE, crimes. A malicious, or at least, officious = interference=20 in a suit in which the offender has no interest, to assist one of the = parties to=20 it against the other, with money or advice to prosecute or defend the = action,=20 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=20 justi-fied, 1. Because the party has an interest in the thing in = variance; as=20 when he has a bare contingency in the lands in question, which possibly = may=20 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=20 relation of landlord and tenant or master and servant subsists between = the party=20 to the suit and the person who assists him. 4. Because the money is = given out of=20 charity. 1 Bailey, S. C. Rep. 401. 5. Because the person assisting the = party to=20 the suit is an attorney or counsellor: the assistance to be rendered = must,=20 however, be strictly professional, for a lawyer is not more justified in = giving=20 his client money than another man. 1 Russ. Cr. 179. Bac. Ab = Mainte-nance: Bro.=20 Maintenance. This offence is punishable by fine and imprisonment. 4 = Black Com.=20 124; 2 Swift's Dig. 328; Bac. Ab. h. t. Vide 3 Hawks, 86; 1 Greenl. 292; = 11=20 Mass. 553 , 6 Mass. 421; 5 Pick. 359; 5 Monr. 413; 6 Cowen, 431; 4 Wend. = 806; 14=20 John. R. 124; 3 Cowen, 647; 3 John. Ch. R. 508 7 D. & R. 846; 5 B. = & C.=20 188.

MAINTENANCE, quasi contracts. The support which one person, = who is=20 bound by law to do so, gives to another for his living; for example, a = father is=20 bound to find maintenance for his children; and a child is required by = law to=20 main-tain his father or mother when they cannot support themselves, and = he has=20 ability to maintain them. 1 Bouv. Inst. n. 284-6.

MAINTAINED, pleadings. This is a technical word, indispensable = in an=20 indict- ment for maintenance, which no other word or circumlocution will = supply.=20 1 Wils. 325.

MAINTAINORS, criminal law. Those who maintain or support a = cause=20 depending between others, not being retained as counsel or attorney. For = this=20 they may be fined and imprisoned. 2 Swift's Dig. 328; 4 Bl. Com. 124; = Bac. Ab.=20 Barrator.

MAISON DE DIEU. House of God. In England the term, borrowed = from the=20 French, signified formerly a hospital, an almshouse, a monastery. 39 = Eliz. c.=20 5.

MAJESTY. Properly speaking, this term can be applied only to = God, for=20 it signifies that which surpasses all things in grandeur and = superiority. But it=20 is used to kings and emperors, as a title of honor. It sometimes means = power, as=20 when we say, the majesty of the people. See, Wolff, 998.

MAJOR, persons. One who has attained his full age, and has = acquired=20 all his civil rights; one who is no longer a minor; an adult.

MAJOR. Military language. The lowest of the staff officers; a = degree=20 higher than captain.

MAJOR GENERAL. A military officer, commanding a division or = number of=20 regi- ments; the next in rank below a lieutenant general.

MAJORES. The male ascendant beyond the sixth degree were so = called=20 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=20 at full age. He is then said to be a major, in opposition to minor, = which is his=20 condition during infancy.

MAJORITY, government. The greater number of the voters; though = in=20 another sense, it means the greater number of votes given in which sense = it is a=20 mere plurality. (q. v.)

2. In every well regulated society, the majority has always claimed = and=20 exercised the right to govern the whole society, in the manner pointed = out by=20 the fundamental laws and the minority are bound, whether they have = assented or=20 not, for the obvious reason that opposite wills cannot prevail at the = same time,=20 in the same society, on the same subject. 1 Tuck. Bl. Com. App. 168, = 172; 9=20 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,=20 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,=20 that each partner has an equal voice, and a majority acting bonafide, = have the=20 right to manage the partnership concerns, and dispose of the partnership = property, notwithstanding the dissent of the minority; but in every case = when=20 the minority have a right to give an opinion, they ought to be notified. = 2 Bouv.=20 Inst. n. 1954.

5. As to the majorities of companies or corporations, see Angel, = Corp. 48, et=20 seq.; 3 M. R. 495. Vide, generally, Rutherf. Inst. 249; 9 Serg. & = Rawle, 99;=20 Bro. Corporation, pl. 63; 15 Vin. Abr. 183, 184; and the article = Authority;=20 Plurality; Quorum.

TO MAKE. English law. To perform or execute; as to make his = law, is to=20 per- form that law which a man had bound himself to do; that is, to = clear=20 himself of an action commenced against him, by his oath, and the oaths = of his=20 neighbors. Old Nat. Br. 161. To make default, is to fail to appear in = proper=20 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=20 promises to pay it when due. He who makes a bill of exchange is called = the=20 drawer, and frequently in common parlance and in books of Reports we = find the=20 word drawer inaccurately applied to the maker of a promissory note. See=20 Promissory note.

MAKING HIS LAW. A phrase used to denote the act of a person = who wages=20 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=20 unskilful practice in a physician or other professional person, as a = midwife,=20 whereby the health of the patient is injured.

2. This offence is a misdemeanor (whether it be occasioned by = curiosity and=20 experiment or neglect) because, it breaks the trust which the patient = has put in=20 the physician, and tends directly to his destruction. 1 Lord Raym. 213. = See=20 forms of indictment for mala praxis, 3 Chitty Crim. Law, 863; 4 Wentw. = 360; Vet.=20 Int. 231; Trem. P. C. 242. Vide also, 2 Russ. on Cr. 288; 1 Chit. Pr. = 43; Com.=20 Dig. Physician; Vin. Ab. Physician.

3. There are three kinds of mal practice. 1. Wilful mal practice, = which takes=20 place when the physician purposely administers medicines or performs an=20 operation which he knows and expects will result in danger or death to = the=20 individual under his care; as, in the case of criminal abortion.

4. - 2. Negligent mal practice, which comprehends those cases where = there is=20 no criminal or dishonest object, but gross negligence of that attention = which=20 the situation of the patient requires: as if a physician should = administer=20 medicines while in a state of intoxication, from which injury would = arise to his=20 patient.

5. - 3. Ignorant mal practice, which is the administration of = medicines,=20 calculated to do injury, which do harm, and which a well educated and = scientific=20 medical man would know were not proper in the case. Besides the public = remedy=20 for mal practice, in many cases the party injured may bring a civil = action. 5=20 Day's R. 260; 9 Conn. 209. See M. & Rob. 107; 1 Saund. 312, n. 2; l = Ld.=20 Raym. 213; 1 Briand, Med. Leg. 50; 8 Watts, 355; 9 Conn. 209.

MALA PROHIBITA. Those things which are prohibited by law, and=20 therefore unlawful.

2. A distinction was formerly made in respect of contracts, between = mala=20 prohibita and mala in se; but that distinction has been exploded, and, = it is now=20 established that when the provisions of an act of the legislature have = for their=20 object the protection of the public, it makes no difference with respect = to=20 contracts, whether the thing be prohibited alsolutely or under a = penalty. 5 B.=20 & A 5, 340; 10 B. & C. 98; 3 Stark. 61; 13 Pick. 518; 2 Bing. N. = C. 636,=20 646.

MALE. Of the masculine sex; of the sex that begets young; the = sex=20 opposed to the female. Vide Gender; Man; Sex; Worthiest of blood.

MALEDICTION, Eccles. law. A curse which was anciently annexed = to=20 donations of lands made to churches and religious houses, against those = who=20 should violate their rights.

MALEFACTOR. He who bas been guilty of some crime; in another = sense,=20 one who has been convicted of having committed a crime.

MALEFICIUM, civil law. Waste, damage, torts, injury. Dig. 5, = 18,=20 1.

MALFEASANCE, contracts, torts. The unjust performance of some = act=20 which the party had no right, or which he had contracted not to do. It = differs=20 from mis- feasance, (q. v.) and nonfeasance. (q. v.) Vide 1 Chit. Pr. 9; = 1 Chit.=20 Pl. 134.

MALICE, crim. law. A wicked intention to do an injury. 4 = Mason, R.=20 115, 505: 1 Gall. R. 524. It is not confined to the intention of doing = an injury=20 to any particular person, but extends to an evil design, a corrupt and = wicked=20 notion against some one at the time of committing the crime; as, if A = intended=20 to poison B, conceals a quantity of poison in an apple and puts it in = the way of=20 B, and C, against whom he had no ill will, and who, on the contrary, was = his=20 friend, happened to eat it, and die, A will be guilty of murdering C = with malice=20 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=20 intention to commit the crime, as to kill a man; for example, modern = duelling. 3=20 Bulstr. 171. It is implied, when an officer of justice is killed in the=20 discharge of his duty, or when death occurs in the prosecution of some = unlawful=20 design.

3. It is a general rule that when a man commits an act, unaccompanied = by any=20 circumstance justifying its commission, the law presumes he has acted = advisedly=20 and with an intent to produce the consequences which have ensued. 3 M. = & S.=20 15; Foster, 255; 1 Hale, P. C. 455; 1 East, P. C. 223 to 232, and 340; = Russ.=20 & Ry. 207; 1 Moody, C. C. 263; 4 Bl. Com. 198; 15 Vin. Ab. 506; = Yelv. 105 a;=20 Bac. Ab. Murder and Homicide, C 2. Malice aforethought is deliberate=20 premedi-tation. Vide Aforethought.

MALICE, torts. The doing any act injurious to another without = a just=20 cause.

2. This term, as applied to torts, does not necessarily mean that = which must=20 proceed from a spiteful, malignant, or revengeful disposition, but a = conduct=20 injurious to another, though proceeding from an ill-regulated mind not=20 sufficiently cautious before it occasions an injury to another. 11 S. = & R.=20 39, 40.

3. Indeed in some cases it seems not to require any intention in = order to=20 make an act malicious. When a slander has been published, therefore, the = pro-per=20 question for the jury is, not whether the intention of the publication = was to=20 injure the plaintiff, but whether the tendency of the matter published, = was so=20 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=20 for instance; such trade is not itself unlawful, but if carried on to = the=20 annoyance of the neighboring dwellings, it becomes unlawful with respect = to=20 them, and their inhabitants may maintain an action, and may charge the = act of=20 the defendant to be malicious. 3 B. & C. 584; S. C. 10 E. C. L. R. = 179.

MALICE AFORETHOUGHT, pleadings. In an indictment for murder, = these=20 words, which have a technical force, must be used in charging the = offence; for=20 without them, and the artificial phrase murder, the indictment will be = taken to=20 charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, = and the=20 authorities and cases there cited.

2. Whenever malice aforethought is necessary to constitute the = offence, these=20 words must be used in charging the crime in the indictment. 2 Chit. Cr. = Law,=20 *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=20 the wife, or a wife by her husband. Vide Abandonment, Malicious.

MALICIOUS MISCHIEF, This expression is applied to the wanton = or=20 reckless de- struction of property, and the wilful perpetration of = injury to the=20 person. Alis. Prin. 448; 3 Dev. & Batt. 130; 8 Leigh, 719; 5 Ired. = R. 364; 8=20 Port. 447; 2 Metc. 21; 3 Greenl. 177.

MALICIOUS PROSECUTION, or MALICIOUS ARREST, torts, or = remedies. These=20 terms import a wanton prosecution or arrest, made by a prosecutor in a = criminal=20 proceeding, or a plaintiff in a civil suit, without probable cause, by a = regular=20 process and proceeding, which the facts did not warrant, as appears by = the=20 result.

2. This definition will be analysed by considering, 1. The nature of = the=20 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=20 other respects against law, he will be responsible. Addis. R. 270; 12 = Conn. 219.=20 The prosecution of a civil suit, when malicious, is a good cause of = action, even=20 when there has been no arrest. 1 P. C. C. 210; 11 Conn. 582; 1 Wend. = 345. But no=20 action lies for commencing a civil action, though without sufficient = cause. 1=20 Penns. R. 235.

4. - 2. The action lies against the prosecutor and even against a = mere=20 informer, when the proceedings are malicious. 5 Stew. & Port. 367. = But grand=20 jurors are not liable to an action for a malicious prosecution, for = information=20 given by them to their fellow jurors, on which a prosecution is founded. = Hardin,=20 556. Such action lies against a plaintiff in a civil action who ma- = liciously=20 sues out the writ and prosecutes it; 16 Pick. 453; but an action does = not lie=20 against an attorney at law for bringing the action, when regularly = employed. 16=20 Pick. 478. See 6 Pick. 193.

5. - 3. There must be malice and want of probable cause. 1 Wend. 140, = 345; 7=20 Cowen, 281; 2 P. A. Browne, Appx. xlii; Cooke, 90; Litt. Sel. Cas. 106; = 4 Litt.=20 334; 3 Gil. & John. 377; 1 N. & M. 36; 12 Conn. 219; 3 Call. = 446; 2=20 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=20 held, must have been regular, in the ordinary course of justice, and = before a=20 tribunal having power to ascertain the truth or falsity of the charge, = and to=20 punish the supposed offender, the now plaintiff. 3 Pick. 379, 383. When = the=20 proceedings are irregular, the prosecutor is a trespasser. 3 Blackf. 210 = . See=20 Regular and irregular process.

7. - 5. The malicious prosecution or action must be ended, and the = plain-tiff=20 must show it was groundless, either by his acquittal or by obtaining a = final=20 judgment in his favor in a civil action. 1 Root, R. 553; 1 N. & M. = 36; 2 N.=20 & 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=20 recover damages for the injury sustained. 5 Stew. & Porter, 367; 2 = Conn.=20 700; 11 Mass 500; 6 Greenl. 421; 3 Gill. & John. 377. See Case; = Regular and=20 irregular process.

See, generally, Bull. N. P. 11; 1 Saund. 228; 12 Mod. 208; 1 T. R. = 493 to=20 551; 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,=20 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,=20 but becomes so in consequence of its being forbidden; as playing at = games, which=20 being innocent before, have become unlawful in consequence of being = forbidden.=20 Vide Bac. Ab. Assumpsit, A, note; 2 Rolle's Ab. 355.

MALVEILLES. Ill-will. In some ancient records this word = signifies=20 malicious practices, or crimes and misdemeaners.

MALVERSATION, French law. This word is applied to all = punishable=20 faults committed in the exercise of an office, such as corruptions, = exactions,=20 extortions and larceny. Merl. Repert. b. t.

MAN. A human being. This definition includes not only the = adult male=20 sex of the human species, but women and children; examples: "of offences = against=20 man, some are more immediately against the king, other's more = immediately=20 against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against = the life=20 of man come under the general name of homicide, which in our law = signifies the=20 killing of a man by a man." Id. book 1, c. 8, s. 2.

2. In a more confined sense, man means a person of the male sex; and=20 sometimes it signifies a male of the human species above the age of = puberty.=20 Vide Rape. It was considered in the civil or Roman law, that although = man and=20 person are synonymous in grammar, they had a different acceptation in = law; all=20 persons were men, but all men, for example, slaves, were not persons, = but=20 things. Vide Barr. on the Stat. 216, note.

MANAGER. A person, appointed or elected to manage the affairs = of=20 another, but the term is more usually applied to those officers of a = corporation=20 who are authorized to manage its affairs. 1 Bouv. Inst. n. 190.

2. In banking corporations these officers are commonly called = directors, and=20 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,=20 coal companies, and the like, these officers are called managers. Being = agents,=20 when their authority is limited, they have no power to bind their = principal=20 beyond such authority. 17 Mass. R. 29; 1 Greenl. R. 81.

3. The persons appointed on the part of the house of representatives = to=20 prosecute impeachments before the senate, are called managers.

MANBOTE. In a barbarous age, when impunity could be purchased = with=20 money, the compensation which was paid for homicide was called = manbote.

MANCIPATIO, civil law. The act of transferring things called = res=20 mancipi. (q. v.) This is effected in the presence of not less than five=20 witnesses, who must be Roman citizens and of the age of puberty, and = also in the=20 presence of another person of the same condition, who holds a pair of = brazen=20 scales, and hence is called Libripens. The purchaser (qui mancipio = accipit)=20 taking hold of the thing, says I affirm that this slave (homo) is mine, = ex jure=20 quiritium, and he is purchased by me with this piece of money (sas) and = brazen=20 scales. He then strikes the scales with the piece of money and gives it = to the=20 seller as a symbol of the price (quasi pretii loco.) The purchaser or = person to=20 whom the mancipatio was made did not acquire the possession of the = mancipatio;=20 for the acquisition of possession was a separate act. Gaius. 1, 119; Id. = iv.=20 181.

Both mancipatio and in jure cessio existed before the twelve tables. = Frag.=20 Vat. 50. Mancipation no longer existed in the code of Justinian, who = took away=20 all distinction between res mancipi and nec mancipi. Smith's Dict. Gr. = &=20 Rom. Antiq. Verb. Mancipium; Coop. Jus. 442.

MANDAMUS, practice. The name of a writ, the principal word of = which=20 when the proceedings were in Latin, was mandamus, we command.

2. It is a command issuing in the name of the sovereign authority = from a=20 superior court having jurisdiction, and is directed to some person, = corporation,=20 or, inferior court, within the jurisdiction of such superior court, = requiring=20 them to do some particular thing therein specified, which appertains to = their=20 office and duty, and which the superior court has previously determined, = or at=20 least supposes to be consonant to right and justice. 20 Pick. 484; 21 = Pick. 258;=20 Dudley, 37; 4 Humph. 437.

3. Mandamus is not a writ of right, it is not consequently granted of = course,=20 but only at the discretion of the court to whom the application for it = is made;=20 and this discretion is not exercised in favor of the applicant, unless = some just=20 and useful purpose may be answered by the writ. 2 T. R. 385; 1 Cowen's = R. 501;=20 11 Shepl. 151; 1 Pike, 11.

4. This writ was introduced io prevent disorders from a failure of = justice;=20 therefore it ought to be used upon all occasions where the law has = established=20 no specific remedy, and where in justice and good government there ought = to be=20 one. 3 Burr. R. 1267; 1 T. R. 148, 9.; 2 Pick. 414; 4 Pick. 68; 10 Pick. = 235,=20 244; 7 Mass; 340; 3 Binn. 273; 5 Halst. 57; Cooke, 160; 1 Wend. 318; 5 = Pet. 190;=20 1 Caines, R. 511; John. Cas. 181; 12 Wend. 183; 8 Pet. 291; 12 Pet. 524; = 2=20 Penning. 1024; Hardin, 172; 7 Wheat. 534; 5 Watts. 152; 2 H. & M. = 132; 3 H.=20 & M. 1; 1 S. & R. 473; 5 Binn. 87; 3 Conn. 243; 2 Virg. Cas. = 499; 5=20 Call. 548. Mandamus will not lie where the law has given another = specific=20 remedy. 1 Wend. 318; 10 John. 484; 1 Cow. 417; Coleman, 117; 1 Pet. 567; = 2=20 Cowen, 444; 2 M'Cord, 170; Minor, 46; 2 Leigh, 165; Const. Rep. 165, = 175,=20 703.

5. The 13th section of the act of congress of September, 24, 1789, = gives the=20 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,=20 under the authority of the United States. The issuing of a mandamus to = courts,=20 is the exercise of an appellate jurisdiction, and, therefore = constitutionally=20 vested in the supreme court; but a mandamus directed to a public = officer,=20 belongs to original jurisdiction, and by the constitution, the exercise = of=20 original jurisdiction by the supreme court is restricted to certain = specified=20 cases, which do not comprehend a mandamus. The latter clause of the = above=20 section, authorizing this writ to be issued by the supreme court, to = persons=20 holding office under the authority of the United States, is, therefore, = not=20 warranted by the constitution, and void. 1 Cranch, R. 175.

6. The circuit courts of the United States may also issue writs of = mandamus,=20 but their power in this particular, is confined exclusively to those = cases in=20 which it may be necessary to the exercise of their jurisdiction. 7 = Cranch, R.=20 504; 8 Wheat. R. 598; 1 Paine's R. 453. Vide, generally, 3 Bl. Com. 110; = Com.=20 Dig. h. t; Bac. Ab. h. t.; Vin. Ab. h. t.; Selw. N. P. h. t.; Chit. Pr. = h. t.;=20 Serg. Const. Index, h. t.; Ang. on Corp. Index, h. t.; 3 Chit. Bl. Com. = 265 n.=20 7; 1 Kent. Com. 322; Dane's Ab. Index, h. t.; 6 Watts & Serg. 386, = 397;=20 Bouv. Inst. Index, h. t.; and the article "Courts of the United = States."

MANDANT. The principal in the contract of mandate is so = called. Story,=20 Ag. 337.

MANDATARIUS. One who is entrusted with and undertakes to = perform a=20 mandate. This word is used by the civilians in the same sense that we = use=20 mandatary. Poth. du Mandat, n. 1.

MANDATARY, contracts. One who undertakes to perform a mandate. = Jones'=20 Bailm. 53; Story on Bailm. 38. Dr. Halifax calls him mandatee. Halif. = Anal. Civ.=20 Law, 70, 16, 17.

2. It is the duty of a mere mandatory, it is said, to take ordinary = care of=20 the property entrusted to him. Vide Negligence. But it has been held = that he is=20 liable only for gross negligence. 14 S. & R. 275; 2 Hawks, R. 145; 2 = Murph.=20 R. 373; 3 Dana, R. 205; 3 Mason, R. 132; 11 Wend, R. 25; Wright, R. 598; = 1 Bouv.=20 1st. n. 1073.

MANDATE, practice. A judicial command or precept issued by a = court or=20 magi- trate, directing the proper officer to enforce a judgment, = sentence or=20 decree. Jones'. Bailm. 52; Story on Bailm. 137.

MANDATE. Mandatum or commission, contracts. Sir William Jones = defines a=20 mandate to be a bailment of goods without reward, to be carried from = place=20 to place, or to have some act performed about them. Jones' Bailm. 52; 2 = Ld.=20 Raym. 909, 913. This seems more properly an enumeration of the various = sorts of=20 mandates than a definition of the contract. According to Mr. Justice = Story, it=20 is a bailment of personal property, in regard to which the bailee = engages to do=20 some act without reward. Bailm. 137. And Mr. Chancellor Kent defines it = to be=20 when one undertakes, without recompense, to do some act for the other in = respect=20 to the thing bailed. Comm. 443. See, for other definitions, Story on = Bailm. 137;=20 Pothier, Pand. lib. 17, tit. 1; Wood's Civ. Law, B. 3, c. 5, p. 242; = Halifaz's=20 Anal. of the Civ. Law, 70,; Code of Louis. art. 2954; Code Civ. art. = 1984; 1=20 Bouv. Inst. n. 1068.

2. From the very ter>=20

Transfer interrupted!

necessary to create a mandate. First, that = there=20 should exist something which should be the matter of the contract; = secondly,=20 that it should be done gratuitously; and thirdly, that the parties. = should=20 voluntarily intend to enter into the contract. Poth. Pand. Lib. 17, tit. = 1, p.=20 1, 1; Poth. Contr. de Mandat, c. 1, 2.

3. There is no particular form or manner of entering into the = contract of=20 mandate, prescribed either by the common law, or by the civil law, in = order to=20 give it validity. It may be verbal or in writing; it may be express or = implied=20 it may be in solemn form or in any other manner. Story on Bailm. 160. = The=20 contract may be varied at the pleasure of the parties. It may be = absolute or=20 conditional, general or special, temporary or permanent. Wood's Civ. = Law, 242; 1=20 Domat, B. 1. tit. 15, 1, 6, 7, 8; Poth. Contr. de Mandat, c. 1, 3, n. = 34, 35,=20 36.

4. As to the degree of diligence which the mandatory is bound to = exercise,=20 see Mandatory; Negligence; Pothier, Mandat, h. t; Louis. Code, tit. 15 = Code Civ.=20 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=20 to 201; Code Civ. tit. 13, c. 3; Louis. Code, tit. 15, c. 4; 1 Bouv. = Inst. n.=20 1074.

6. The contract of mandate may be dissolved in various ways: 1. It = may be=20 dissolved by the mandatary at any time before he has entered upon its = execution;=20 but in this case, as indeed in all others, where the contract is = dissolved=20 before the act is done which the parties intended, the property bailed = is to be=20 restored to the mandator.

7. - 2. It may be dissolved by the death of the mandatory; for, being = founded=20 in personal confidence, it is not presumed to pass to his = representatives,=20 unless there is some special stipulation to that effect. But this = principally=20 applies to cases where the mandate remains wholly unexecuted; for if it = be in=20 part executed, there may in some cases, arise a personal obligation on = the part=20 of the representatives to complete it. Story on Bailm. 202.; 2 Kent's = Com. 504,=20 4; Pothier, Mandat, c. 4, 1, n. 101.

8. Whenever the trust is of a nature which requires united, advice,=20 confidence and skill of all, and is deemed a joint personal trust to = all, the=20 death of one joint mandatary dissolves the contract as to all. See Story = on=20 Bailm. 202; Co. Litt. 112, b; Id. 181, b; Com. Dig. Attorney, C 8; Bac. = Abr.=20 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.=20 See 2 Mason's R. 342; 8 Wheat. R. 174; 2 Kent's Com. 507; 1 Domat, B. 1, = tit.=20 15, 4, n. 6, 7, 8; Pothier, Contract de Mandat, c. 4, 2, n. 103. But = although an=20 unexecuted mandate ceases with the death of the mandator, yet, if it be = executed=20 in part at that time, it is binding to that extent, and his = representatives must=20 indemnify the mandatory. Story on Bailm. 204, 205.

10. - 3. The contract of mandate may be dissolved by a change in the = state of=20 the parties; as if either party becomes insane, or, being a woman, = marries=20 before the execution of the mandate. Story on Bailm. 206; 2 Roper, Husb. = and=20 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=20 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=20 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,=20 c. 4, 4, n. 112.

13. So, if the mandator sells the property, it ceases upon the sale, = if it be=20 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=20 authority. Story on Bailm. 208; Code Civ. art. 2003 to 2008; Louis, = Code, art.=20 2997.

15. At common law, the party giving an authority is generally = entitled to=20 revoke it. See 5 T. R. 215; Wallace's R. 126; 5 Binn. 316. But, if it be = given=20 as a part of a security, as if a letter of attorney be given to collect = a debt,=20 as a security for money advanced, it is irrevocable by the party, = although=20 revoked by death. 2 Mason's R. 342; 8 Wheat. 174; 2 Esp. R. 365; 7 Ves. = 28; 2=20 Ves. & Bea. 51; 1 Stark. R. 121; 4 Campb. 272.

MANDATE, civil law. Mandates were the instructions which the = emperor=20 addressed to public functionaries, which were to serve as rules for = their=20 conduct. 2. These mandates resembled those of the pro-consuls, the = mandata=20 jurisdictio, and were ordinarily binding on the legates or lieutenants = of the=20 emperor of the imperial provinces, and, there they had the authority of = the=20 principal edicts. Sav. Dr. Rom. ch. 3, 24, n. 4

. MANDATOR, contracts. The person employing another to perform = a=20 mandate. Story on Bailm. 138; 1 Brown, Civ. Law, 382; Halif. Anal. Civ. = Law,=20 70.

MANDAVI BALLIVO, English law. The return made by a sheriff, = when he=20 has committed the execution of a writ to a bailiff of a liberty, who has = the=20 right to execute the writ.

MANHOOD. The ceremony of doing homage by the vassal to his = lord was=20 de- nominated homagium or manhood, by the feudists. The formula used was = devenio=20 vester homo, I become you Com. 54. See Homage.

MANIA, med. jur. This subject will be considered by examining = it,=20 first, in a medical point of view; and, secondly, as to its legal=20 consequences.

2. - 1. Mania may be divided into intellectual and moral.

1. Intellectual mania is that state of mind which is characterised by = certain=20 hallucinations, in which the patient is impressed with the reality of = facts or=20 events which have never occurred, and acts in accordance with such = belief; or,=20 having some notion not altogether unfounded, carries it to an ex- = travagant and=20 absurd length. It may be considered as involving all or most of the = operations=20 of the understanding, when it is said to be general; or as be-ing = confined to a=20 particular idea, or train of ideas, when it is called partial.

3. These will be separately examined. 1st. General intellectual mania = is a=20 disease which presents the most chaotic confusion into which the human = mind, can=20 be involved, and is attended by greater disturbance of the functions of = the body=20 than any other. According to Pinel, Traite d'Alienation Mentale, p. 63, = "The=20 patient sometimes keeps his head elevated and his looks fixed on. high; = he=20 speaks in a low voice, or utters cries and vociferations without any = apparent=20 motive; he walks to and fro, and sometimes arrests his steps as if fixed = by the=20 sentiment of admiration, or wrapt up in profound reverie. Some insane = persons=20 display wild excesses of merriment, with immoderate bursts of laughter.=20 Sometimes also, as if nature delighted in contrasts, gloom and = taciturnity=20 prevail, with involuntary showers of tears, or the anguish of deep = sorrow, with=20 all the external signs of acute mental suffering. In certain cases a = sudden=20 reddening of the eyes and excessive loquacity give presage of a speedy = explosion=20 of violent madness and the urgent necessity of a strict confinement. One = lunatic, after long intervals of calmness, spoke at first with = volubility,=20 uttered frequent shouts of laughter, and then shed a torrent of tears;=20 experience had taught the necessity of shutting him up immediately, for = his=20 paroxysms were at such times of the greatest violence. "Sometimes, = however, the=20 patient is not altogether devoid of intelligence; answers some questions = very=20 appropriately, and is not destitute of acuteness and ingenuity. The = derangement=20 in this form of mania is not confined to the intellectual facul-ties, = but not=20 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=20 conceived some single notion contrary to common sense and to common = experience,=20 generally dependent on errors of sensation; as, for example, when a = person=20 believes that he is made of glass, that animals or men have taken their = abode in=20 his stomach or bowels. In these cases the understanding is frequently = found to=20 be sound on all subjects, except those connected with the hallucination. = Sometimes, instead of being limited to a single point, this disease = takes a=20 wider range, and there is a class of cases, where it involves a train of = morbid=20 ideas. The patient then imbibes some notions connected with the various=20 relations of persons, events, time, space, &c., of the most absurd = and=20 unfounded nature, and endeavors, in some measure, to regulate his = conduct=20 accordingly; though, in most respects, it is grossly inconsistent with = his=20 delusion.

5. Moral mania or moral insanity, (q. v.) is divided into, first, = general,=20 where all the moral faculties are subject to a general disturbance and = secondly,=20 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=20 many individuals are living at large who are affected, in a degree at = least, by=20 general moral mania. They are generally of singular habits, wayward = temper, and=20 eccentric character; and circumstances are frequently attending them = which=20 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=20 himself has at a previous period of life sustained an attack of a = decided=20 character: his temper has undergone a change, he has become an altered = man,=20 probably from the time of the occurrence of something which deeply = affected him,=20 or which deeply affected his bodily constitution. Sometimes these = alterations=20 are imperceptible, at others, they are sudden and immediate. Individuals = afflicted with this disease not unfrequently "perform most of the common = duties=20 of life with propriety, and some of them, indeed, with scrupulous = exactness, who=20 exhibit no strongly marked features of either temperament, no traits of = superior=20 or defective mental endowment, but yet take violent an- tipathies, = harbor unjust=20 suspicions, indulge strong propensities, affect singularity in dress, = gait, and=20 phraseology; are proud, conceited, and ostentatious; easily excited and = with=20 difficulty appeased; dead to sensi- bility, delicacy, and refinement;=20 obstinately riveted to the most absurd opinions; prone to controversy, = and yet=20 incapable of reasoning; always the hero of their own tale, using = hyperbolic,=20 high flown language to express the most simple ideas, accompanied by = unnatural=20 gesticulation, inordinate ac- tion, and frequently by the most alarming=20 expression of countenance. On some occasions they suspect sinister = intentions on=20 the most trivial grounds; on others are a prey to fear and dread from = the most=20 ridiculous and imaginary sources; now embracing every opportunity of = exbibiting=20 romantic courage and feats and hardihood, then indulging themselves in = all=20 manner of excesses. Persons of this description, to the casual observer, = might=20 appear actuated by a bad heart, but the experienced physician knows it = is the=20 head which is defective. They seem as if constantly affected by a = greater or=20 less degree of stimulation from intoxicating liquors, while the = expression of=20 countenance furnishes an infallible proof of mental disease. If = subjected to=20 moral re- straint, or a medical regimen, they yield with reluctance to = the means=20 proposed, and generally refuse and resist, on the ground that such means = are=20 unnecessary where no disease exists; and when, by the system adopted, = they are=20 so far recovered, as to be enabled to suppress the exhibition of their = former=20 peculiarities, and are again fit to be restored to society, the = physician, and=20 those friends who put them under the physician's care, are generally = ever after=20 objects of enmity, and frequently of revenge." Cox, see cases of this = Pract.=20 Obs. on Insanity, kind of madness cited in Ray, Med. Jur. 112 to 119; = Combe's=20 Moral Philos. lect. 12.

7 .- 2d. Partial moral mania consists in the derangement of one or a = few of=20 the affective faculties, the moral and intellectual constitution in = other=20 respects remaining in a sound state. With a mind apparently in full = possession=20 of his reason, the patient commits a crime, without any extraordinary=20 temptation, and with every inducement to refrain from it, he appears to = act=20 without a motive, or in opposition to one, with the most perfect = consciousness=20 of the impropriety, of his conduct, and yet he pursues perseveringly his = mad=20 course. This disease of the mind manifests itself in a variety of ways, = among=20 which may be mentioned the following: 1. An irresistible propensity to = steal. 2.=20 An inordinate propensity to lying. 3. A morbid activity of the sexual=20 propensity. Vide Erotic Mania. 4. A morbid propensity to commit arson. = 5. A=20 morbid activity of the propensity to destroy. Ray, Med. Jur. ch. 7.

8. - 2. In general, persons laboring under mania are not responsible = nor=20 bound for their acts like other persons, either in their contracts or = for their=20 crimes, and their wills or testaments are voidable. Vide Insanity; Moral = Insanity. 2 Phiilim. Ecc. R. 69; 1 Hagg. Cons: R. 414; 4 Pick. R. 32; 3 = Addams,=20 R. 79; 1 Litt. R. 371.

MANIA A POTU. Insanity arising from the use of spirituous = liquors.=20 Vide Delirium Tremens.

MANIFEST, com. law. A written instrument containing a true = account of=20 the cargo of a ship or commercial vessel.

2. The Act of March 2, 1799, s. 23, requires that when goods, wares, = or mer-=20 chandise, shall be brought into the United States, from any foreign port = or=20 place, in any ship or vessel, belonging, in whole or in part to a = citizen or=20 inhabitant of the United States, the manifest shall be in writing, = signed by the=20 master of the vessel, and that it shall contain the names of the places = where=20 the goods in such manifest mentioned, shall have been respectively taken = on=20 board, and the places within the United States, for which they are = respec tively=20 consigned, particularly noticing the goods destined for each place,=20 respectively; the name, description, and build of such vessel, and her = true=20 admeasurement or tonnage, the place to which she belongs, with the name = of each=20 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=20 loose, of any kind whatsoever, with the marks and numbers on each = package, the=20 numbers and descriptions of the packages in words at length, whether = leaguer,=20 pipe, butt, puncheon, hogshead, barrel, keg, case, bale, pack, truss, = chest,=20 box, bandbox, bundle, parcel, cask, or package of any kind, describing = each by=20 its usual denomination; the names of the persons to whom they are = respectively=20 consigned, agreeably to the bills of lading, unless when the, goods are=20 consigned to order, when it shall be so expressed; the names of the = several=20 passengers on; board, distinguishing whether cabin or steerage = passengers, or=20 both, with their baggage, specifying the number and description of = packages=20 belonging to each, respectively; together with an account of the = remaining sea=20 stores, if any. And if any merchandise be imported, destined for = different=20 districts, or ports, the quantities and packages thereof shall be = inserted in=20 successive order in the manifest; aud all spirits, wines aud teas, = constituting=20 the whole or any part of the cargo of any vessel, shall be inserted in=20 successive order, distinguishing the ports to which they may be = destined, and=20 the kinds, qualities and quantities thereof; and if merchandise be = imported by=20 citizens or inhabitants of the United States, in vessels other than of = the=20 United States, the manifests shall be of the form and shall contain the=20 particulars aforesaid, except that the vessel shall be specially = described as=20 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=20 severely punished.

MANIFEST, evidence. That which is clear and requires no proof; = that=20 which is noto- rious. See Notoriety.

MANIFESTO. A solemn declaration, by the constituted = authorities of a=20 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=20 nation declaring the war, states the reasons for so doing. Vattel, liv. = 3, c. 4,=20 64; Wolff, 1187. See Anti-Manifesto.

MANKIND. Persons of the male sex; but in a more general sense, = it=20 includes persons of both sexes; for example, the statute of 25 Hen. = VIII., c. 6,=20 makes it felony to commit, sodomy with mankind or beast. Females as well = as=20 males axe included under the term mankind. Fortesc. 91; Bac. Ab. Sodomy. = See=20 Gender.

MANNER AND FORM, pleading. After traversing any allegation in=20 pleading, it is usual to say "in manner and form as he has in his = declaration in=20 that behalf alleged," which is as much as to include in the traverse, = not only=20 the mere fact opposed to it, but that in the manner and form in which it = is=20 stated by the other party. These words, however, only put in issue the=20 substantial statement of the manner of tho fact traversed, and do not = extend to=20 the time, place, or other circumstances attending it, if they were not=20 originally material and necessary to be proved as laid. 3 Bouv. Inst. p. = 297.=20 See Modo et forma.

MANNOPUS. An ancient word which signifies goods taken in the = hands of=20 an ap- prehended thief.

MANOR, estates. This word is derived from the French manoir, = and=20 signifies, a house, residence, or habitation. At present its meaning is = more=20 enlarged, and includes not only a dwelling-house, but also lands. Vide = Co. Litt.=20 58, 108; 2 Roll. Ab. 121 Merl. Repert. mot Manoir. See Serg. Land Laws = of=20 Pennsyl. 195.

2. By the English law, a manor is a tract of land originally granted = by the=20 king to a person of rank, part of which was given by the grantee to his=20 followers, and the rest lie retained under the name of his demesnes; = that which=20 remained uncultivated was called the lord's waste, and served for public = roads=20 and common of pasture for the lord and his tenants.

MANSION. This term is synonymous with house. (q. v.) 1 Chit. = Pr. 167;=20 2 T. R. 502; 1 Tho. Co. Litt. 215, n. 35; 9 B. & C. 681; S. C. 17 E. = C. L.=20 R. 472, and the cases there cited; Com. Dig. Justices, P 5; 3 Serg. = & Rawle,=20 199. A portion only of a building may come under the description of a=20 mansion-house. 1 Leach, 89, 428; 1 East, P. C. C. 15, s. 19. 2 Bouv. = Inst. n.=20 1571, note.

MANSLAUGHTER, crim. law. The unlawful killing of another = without=20 malice either express or implied. 4 Bl. Com. 190 1 Hale, P. C. 466. The=20 distinctions between manslaughter and murder, consists in the following. = In the=20 former, though the act which occasions the death be unlawful, or likely = to be=20 attended with bodily mischief, yet the malice, either express or = implied, which=20 is the very essence of murder, is presumed to be wanting in = manslaughter. 1=20 East, P. C. 218 Foster, 290.

2. It also differs from murder in this, that there can be no = accessaries=20 before the fact, there having been no time for premeditation. 1 Hale, P. = C. 437;=20 1 Russ. Cr. 485. Manslaugbter is voluntary, when it happens upon a = sudden heat;=20 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=20 in consequence of, 1. Provocation. 2. Mutual combat. 3. Resistance to = public=20 officers, &c.

4. Killing in the prosecution of an unlawful or wanton act. 5. = Killing in the=20 prosecution of a lawful act, improperly performed, or performed without = lawful=20 authority.

4. - 1. The provocation which reduces the killing from murder to = manslaughter=20 is an answer to the presumption of malice which the law raises in every = case of=20 homicide; it is therefore no answer when express malice is proved. 1 = Russ. Cr,=20 440; Foster, 132; 1 East, P. C. 239; and to be available the provocation = must=20 have been reasonable and recent, for no words or slight provocation will = be=20 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=20 of the parties is killed. When death ensues from duelling the rule is = different,=20 and such killing is murder.

6. - 3. The killing of an officer by resistance to him while acting = under=20 lawful authority is murder; but if the officer be acting under a void or = illegal=20 authority, or out of his jurisdiction, the killing is manslaughter, or = excusable=20 homicide, according to the circumstances of the case. 1 Moody, C. C. 80, = 132; 1=20 Hale, P. C. 458; 1 East, P. C. 314; 2 Stark. N. P. C. 205; S. C. 3 E. C. = L. R.=20 315.

7. - 4. Killing a person while doing an act of mere wantonness, is=20 manslaughter as, if a person throws down stones in a coal-pit, by which = a man is=20 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=20 consequence of the negligence of the offender, amount to manslaughter. = For=20 instance, if the death has been, occasioned by negligent driving. 1 = East, P. C.=20 263; 1 C. & P. 320 S. C. 9 E. C. L. R. 408; 6 C. & P. 629; S. C. = 25 E.=20 C. L. R. 569. Again, when death ensues, from the gross negligence of a = medical=20 or surgical practitioner, it is manslaughter. 1 Hale, P. C. 429; 3 C. = & P.=20 632; S. C. 14 E, C. L. R. 495.

MANSTEALING. This word is sometimes used synonymously with = kidnapping.=20 The latter is more technical. 4 Bl. Com. 219.

MANU FORTI. With strong hand. (q. v.) This term is used in = pleading in=20 cases of forcible entry, and no other words are of equal import. Dane's = Ab. ch.=20 132, a. 6; ch. 203, a. 12.

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

MANUAL. That which is employed or used by the hand, of which a = present=20 profit may be made. Things in the manual occupation of the owner cannot = be=20 distrained for rent. Vide Tools.

MANUCAPTIO, practice. In the English law it is a writ which = lies for a=20 man taken on suspicion of felony and the like, who cannot be admitted to = bail by=20 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.=20 This term includes two classes of things; first, all machinery which = is to=20 be used and is not the object of sale; and, secondly, substances (such, = for=20 example, as medicines) formed by chemical processes, when the vendible = substance=20 is the thing produced, and that which operates preserves no permanent = form. In=20 the first class, the machine, and, in the second the substance produced, = is the=20 subject of the patent. 2 H. Bl. 492. See 8 T. R. 99; 2 B. & A. 349; = Day.=20 Pat. Cas. 278; Webst. on Pat. 8; Phil. on Pat. 77; Perp. Manuel des Inv. = c. 2,=20 s. 1; Renouard, c. 5, s. 1; Westminster Review, No. 44, April 1835, p. = 247; 1=20 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=20 a slave sets him free and at liberty; the written instrument which = contains this=20 agreement is also called a manumission.

2. In the civil law it was different from emancipation, which, = properly=20 speaking, was applied to the liberation of children from paternal power. = Inst.=20 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=20 property, but, when spread, it becomes a part of the land and acquires = the=20 character of real estate. Alleyn, 31; 2 Ired. R. 326.

MANUS. Anciently signified the person taking an oath as a = compurgator.=20 The use of this word probably came from the party laying his hand on the = New=20 Testament. Manus signifies, among the civilians, power, and is = frequently used=20 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,=20 1831, sect. 9, protects authors in their manuscripts, and renders any = person who=20 shall unlawfully publish a manuscript liable to an action, and = authorizes the=20 courts to enjoin the publisher. See Copyright. The right of the author, = to his=20 manuscripts, at common law, cannot be contested. 4 Burr. 2396; 2 Eden, = Ch. R.=20 329; 2 Story, R. 100; 2 Atk. 342; Ambl. 694; 2 B. & A. 290; 2 Story, = Eq.=20 Jur. 943; Eden, Inj. 322; 2 B. & A. 298; 2 Bro. P. C. (Toml ed.) = 138; 4 Vin.=20 Ab. 278; 2 Atk. 342; 2 Ves. & B. 23. These rights will be considered = as=20 abandoned if the author publishes his manuscripts, without securing the=20 copyright under the acts of congress. See Bouv. Inst. Index, h. t.;=20 Copyright.

MARAUDER. One who, while employed in the army as a soldier, = commits a=20 larceny or robbery in the neighborhood of the camp, or while wandering = away from=20 the army. Merl. Repert. h. t.

MARC-BANCO. The name of a coin. The marc-banco of Hamburg, as = money of=20 account, at the custom-house, is deemed and taken to be of the value = of=20 thirty-five cents. Act of March 3, 1843.

MARCHES, Eng. law. This word signifies the limits, or = confines, or=20 borders. Bac. Law Tracts, tit. Jurisdiction of the. Marches, p. 246. It = was=20 applied to the limits between England and Wales or Scotland. In Scotland = the=20 term marches is applied to the boundaries between private = properties.

MARETUM. Marshy ground overflowed by the sea or great rivers. = Co.=20 Litt. 5.

MARINARIUS. An ancient word which signified a mariner or = seaman; in=20 England marinarius capitaneus, was the admiral or warden of the = ports.

MARINE. Whatever concerns the navigation of the sea, and forms = the=20 naval power of a nation is called its marine.

MARINE CONTRACT. One which relates to business done or = transacted upon=20 the sea and in sea ports, and over which the courts of admiralty have=20 jurisdiction concurrent with the courts of common law; such contracts = include=20 according to civilians and jurists among other things, charter parties,=20 affreightments, marine hypothecations, contracts for the marine service = in the=20 building, re-pairing, supplying and navigating ships; contracts and = quasi=20 contracts respec- ting averages, contributions and jettisons, and = policies of=20 insurance. 2 Gall. R. 398, where Judge Story gave a very learned opinion = on the=20 subject.

MARINE INSURANCE, contracts. A contract by which one party, = for a=20 stipulated premium, undertakes to indemnify the other, against all = perils or sea=20 risks, to which his ship; freight or cargo, or some of them, may be = exposed,=20 during a certain voyage or fixed period of time. 1 Bouv. Inst. n. 1175, = et seq.=20 See Insurance Marine.

MARINE INTEREST, contracts. A compensation paid for the use = and risk=20 of money loaned on respondentia and bottomry; provided the money be = loaned and=20 put in risk, there is no limit as to the amount which may be lawfully = charged by=20 the lender. 2 Marsh. Ins. 749; Hall on Mar. Loans; Pothier, Pret a. la = Grosse,=20 n. 19; 1 Stuart's (L. C.) R. 130.

MARINE LEAGUE. A measure equal to the twentieth part of a = degree.=20 Bouch. Inst. n. 1845, not. Vide Cannon Shot; Sea.

MARINER. One whose occupation is to navigate vessels on the = sea. Vide=20 Seamen Shipping articles.

2. By act of congress, 1 Story, Laws of U. S., ch. 56, s. 4, p. 109, = it is=20 provided, that no sum exceeding one dollar shall be recovered from any = seaman or=20 mariner (in the merchant service,) by any person, for any debt = contracted during=20 the time such seaman or mariner shall actually belong to any ship or = vessel,=20 until the voyage for which such seaman or mariner engaged, shall be = ended.

MARITAGIUM. Anciently that portion which was given with a = daughter in=20 marriage.

2. During the existence of the feudal law, it was the right which the = lord of=20 the fee had, under certain tenures, to dispose of the daughters of his = vassal in=20 marriage. By this word was also understood marriage. Beames' Glanv. 138, = n;=20 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=20 duties.

2. Contracts made by a feme sole with a view to deprive her intended = husband=20 of his marital rights, with respect to her property, are a fraud upon = him, and=20 may be set aside in equity. By the marriage, the husband assumes the = duty of=20 paying her debts, contracted previous to the coverture, and of = supporting her=20 during its existence; and he cannot, therefore, be fraudulently = deprived, by the=20 intended wife, of those rights which enable him to perform the duties = which=20 attach to him. 2 Cha. R. 42; Newl. Contr. 424; 1 Vern. 408; 2 Vern. 17; = 2 P.=20 Wms. 357, 674; 2 Bro. C. C. 345; 1 Ves. jr. 22; 2 Cox, R. 28; 2 Beav. = 528; 2 Ch.=20 R. 81; White's. L. C. in Eq. *277; 1 Hill, Ch. R. 1, 4; 13 Maine, R. = 124; 1=20 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=20 deceased husband's estate, to which the widow is entitled. Civil Code, = 334, art.=20 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=20 contracts, whether made at sea or on land, that is, such as relate to = the=20 commerce, business or navigation of the sea; as, charter parties,=20 affreightments, marine loans, hypothecations, contracts for maritime = service in=20 building, repairing, supplying and navigating ships, contracts and quasi = contracts respecting averages, contributions and jettisons; contracts = relating=20 to marine insurance, and those between owners of ships. 3 Bouv. Inst. n. = 2621.

2. There are maritime causes also for torts and injuries committed at = sea.

3. In general, the courts of admiralty have a concurrent jurisdiction = with=20 courts of law, of all maritime causes: and in some cases they have = exclusive=20 jurisdiction.

MARITIME CONTRACT. One which relates to the navigation of the = sea.

2. The admiralty has jurisdiction in case of the breach of such = contract,=20 whether it has been entered into on land or at sea. 4 Wash. C. C. R. = 453; see 2=20 Gallis. 465; 2 Sumn. 1; Gilp. 529.

MARITIME LAW. That system of law which relates to the affairs = of the=20 sea, such as seamen, ships, shipping, navigation, and the like.

MARITIME LOAN. A contract or agreement by which one, who is = the=20 lender, lends to another, who is the borrower, a certain sum of money, = upon=20 condition that if the thing upon which the loan has been made, should be = lost by=20 any peril of the sea, or vis major, the lender shall not be repaid, = unless what=20 remains shall be equal to the sum borrowed; and if the thing arrive in = safety,=20 or in case it shall not have been injured, but by its own defects or the = fault=20 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=20 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=20 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=20 paper or parchment, which stands in the place of a signature, usually = made by=20 persons who cannot write. 2 Cart. R. 324; M. & M. 516; 12 Pet. 150; = 7 Bing.=20 457; 2 Ves. 455; 1 V. & B. 362; 1 Ves., jr. 11. A mark is now held = to be a=20 good signature, though the party was able to write. 8 Ad. & El. 94; = 3 Nev.=20 & Per. 228; 3 Curt. 752; 5 John. 144. Vide Subscription.

2. - 2. It is the sign, writing or ticket put upon manufactured goods = to=20 distinguish them from others. Poph. R. 144; 3 B & C. 541; 2 Atk. R. = 485; 2=20 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=20 for several commodities, especially gold and silver. When gold and = silver are=20 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=20 countries a coin. The English marc is two-thirds of a pound sterling, or = 13s.=20 4d., and the Scotch mark is of equal value in Scotch money of account. = Encyc.=20 Amer. h. t.

MARKET. A public place appointed by public authority, where = all sorts=20 of things necessary for the subsistence, or for the conveniences of = life, are=20 sold.

2. Markets are generally regulated by local laws.

3. By the term market is also understood the demand there is for any=20 particular article; as, the cotton market in Europe is dull. Vide 15 = Vin. Ab.=20 42; Com. Dig. h. t.

MARKET OVERT, Engl. law. Market overt is an open or public = market;=20 that is, a place appointed by law or custom for the sale of goods and = chattels=20 at stated times in public.

2. In London, every day except Sunday, is market day. In the country, = particular days are fixed for market days. 2 Bl. Com. 449.

3. It is a general rule that sales of vendible articles made in = market overt,=20 are good not only between the parties, but are also binding on all those = who=20 have any property or right therein. Id. 2 Chitt. Com. Law, 148 to 154; = Com. Dig.=20 Market, E; Bac. Abr. Fairs and Market, E; 5 B. & A. 624; Dane's Abr. = chap.=20 45, a 2.

4. There is no law recognizing the effect of a sale in market overt = in=20 Pennsylvania. 3 Yeates R. 347; 5 Serg. & Rawle, 130; in New York; 1 = Johns,=20 480; in Massachusetts; 8 Mass. R. 521; 14 Mass. R. 500; in Ohio; 5 Ohio, = R. 203;=20 nor in Vermont. 1 Tyl. R. 341; nor indeed in any of the United States. = 10 Pet.=20 161.

MARLEBRIDGE, STATUTE OF. The name of a statute passed the 52 = Hen. III,=20 A. D. 1267, so called because it was enacted at Marlebridge. Barr. on = Stat.=20 58.

MARQUE AND REPRISAL. The name given to a commission granted by = the=20 supreme power of a state to a private person for the purpose of seizing = the=20 property of a foreign state or its subjects. Wheat. Law of Nations, 340. = Vide=20 Letters of Marque.

MARRIAGE. A contract made in due form of law, by which a free = man and=20 a free woman reciprocally engage to live with each other during their = joint=20 lives, in the union which ought io exist between husband and wife. By = the terms=20 freeman and freewoman in this definition are meant, not only that they = are free=20 and not slaves, but also that they are clear of all bars to a lawful = marriage.=20 Dig. 23, 2, 1; Ayl. Parer. 359; Stair, Inst. tit. 4, s. 1; Shelford on = Mar. and=20 Div. c. 1, s. 1.

2. To make a valid marriage, the parties must be willing to contract, = Able to=20 contract, and have actually contracted.

3. - 1. They must be willing to contract. Those persons, therefore, = who have=20 no legal capacity in point of intellect, to make a contract, cannot = legally=20 marry, as idiots, lunatics, and infant; males under the age of fourteen, = and=20 females under the age of twelve, and when minors over those ages marry, = they=20 must have the consent of their parents or guardians.

4. There is no will when the person is mistaken in the party whom he = intended=20 to marry; as, if Peter intending to marry Maria, through error or = mistake of=20 person, in fact marries Eliza; but an error in the fortune, as if a man = marries=20 a woman whom he believes to be rich, and he finds her to be poor; or in = the=20 quality, as if he marry a woman whom he took to be chaste, and whom he = finds of=20 an opposite character, this does not invalidate the marriage, because in = these=20 cases the error is only of some quality or accident, and not in the = person.=20 Poynt. on Marr. and Div. ch. 9.

5. When the marriage is obtained by force or fraud, it is clear that = there is=20 no consent; it is, therefore, void ab initio, and may be treated as null = by=20 every court in which its validity may incidentally be called in = question. 2=20 Kent, Com. 66; Shelf. on Marr. and Div. 199; 2 Hagg. Cons. R. 246; 5 = Paige,=20 43.

6. - 2. Generally, all persons who are of sound mind, and have = arrived to=20 years of maturity, are able to contract marriage. To this general rule, = however,=20 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=20 living.

8. - 2. Consanguinity, or affinity between the parties within the = prohibited=20 degree. It seems that persons in the descending or ascending line, = however=20 remote from each other, cannot lawfully marry; such marriages are = against=20 nature; but when we come to consider collaterals, it is not so easy to = fix the=20 forbidden degrees, by clear and established principles. Vaugh. 206; S. = C. 2=20 Vent. 9. In several of the United States, marriages within the limited = degrees=20 are made void by statute. 2 Kent, Com. 79; Vide Poynt. on Marr. and Div. = ch.=20 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=20 convicted of adultery with another person, or is divorced from her = husband, or=20 his wife, he or she cannot afterwards marry the partner of his or her = guilt.=20 This provision is copied from the civil law. Poth. Contr. de Mariage, = part 3, c.=20 3, art. 7. And the same provision exists in the French code civil, art. = 298. See=20 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=20 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=20 needful by natural or public law. If the contract be made per verba de = presenti,=20 or if made per verba de futuro, and followed by consummation, it amounts = to a=20 valid marriage, and which the parties cannot dissolve, if otherwise = competent;=20 it is not necessary that a clergyman should be present to give validity = to the=20 marriage; the consent of the parties may be declared before a = magistrate, or=20 simply before witnesses; or subsequently confessed or acknowledged, or = the=20 marriage may even be inferred from continual cohabitation, and = reputation as=20 husband and wife, except in cases of civil actions for adultery, or = public=20 prosecutions for bigamy. 1 Silk. 119; 4 Burr. 2057; Dougl. 171; Burr. = Settl.=20 Cas. 509; 1 Dow, 148; 2 Dow, 482; 4 John. 2; 18 John. R. 346; 6 Binn, = 405; 1=20 Penn. R. 452; 2 Watts, R. 9. But a promise to marry at a future time, = cannot, by=20 any process of law, be converted into a marriage, though the breach of = such=20 promise will be the foundation of an action for damages.

13. In some of the states, statutory regulations have been made on = this=20 subject. In Maine and Massachusetts, the marriage must be made in the = presence,=20 and with the assent of a magistrate, or a stated or ordained minister of = the=20 gospel. 7 Mass. Rep. 48; 2 Greenl. Rep. 102. The statute of Connecticut = on this=20 subject, requires the marriage to be celebrated by a clergyman or = magistrate,=20 and requires the previous publication of the intention of marriage, and = the=20 consent of parents; it inflicts a penalty on those who disobey its = regulations.=20 The marriage, however, would probably be considered valid, although the=20 regulations of the statutes had not been observed. Reeve's Dom. Rel. = 196, 200,=20 290. The rule in Pennsylvania is, that the marriage is valid, although = the=20 directions of the statute have not been observed. 2 Watts, Rep. 9; 1 = How. S. C.=20 R. 219. The same rule probably obtains in New Jersey; 2 Halsted, 138; = New=20 Hampshire; 2 N. H. Rep. 268; and Kentucky. 3 Marsh. R. 370. In = Louisiana, a=20 license must be obtained from the parish judge of the parish in which at = least=20 one of the parties is domiciliated, and the marriage must be celebrated = before a=20 priest or minister of a religious sect, or an authorized justice of the = peace;=20 it must be celebrated in the presence of three witnesses of full age, = and an act=20 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=20 article of the Code declares, that such marriages only are recognized by = law, as=20 are contracted and solemnized according to the rules which it = prescribes. But=20 the Code does not declare null a marriage not preceded by a license, and = not=20 evidenced by an act signed by a certain number of witnesses and the = parties, nor=20 does it make such an act exclusive evidence of the marriage. The laws = relating=20 to forms and ceremonies are directory to those who are authorized to = celebrate=20 marriage. 6 L. R. 470.

14. A marriage made in a foreign country, if good there, would, in = general,=20 be held good in this country, unless when it would work injustice, or be = contra=20 bonos mores, or be repugnant to the settled principles and policy of our = laws.=20 Story, Confl. of Laws, 87; Shelf. on M. & D. 140; 1 Bland. 188; 2 = Bland.=20 485; 3 John. Ch. R. 190; 8 Ala. R. 48.

15. Marriage is a contract intended in its origin to endure till the = death of=20 one of the contracting parties. It is dissolved by death or divorce.

16. In some cases, as in prosecutions for bigamy, by the common law, = an=20 actual marriage must be proved in order to convict the accused. See 6 = Conn. R.=20 446. This rule is much qualified. See Bigamy.

17. But for many purposes it may be proved by circumstances; for = example,=20 cohabitation; acknowledgment by the parties themselves that they were = married;=20 their reception as such by their friends and relations; their = correspondence, on=20 being casually separated, addressing each other as man and wife; 2 Bl. = R. 899;=20 declaring, deliberately, that the marriage took place in a foreign = country; 2=20 Moo. & R. 503; describing their children, in parish registers of = baptism, as=20 their legitimate offspring; 2 Str. 1073; 8 Ves. 417; or when the parties = pass=20 for husband and wife by common reputation. 1 Bl. R. 639; S. C. 4 Burr. = 2057;=20 Dougl. 174; Cowp. 594; 3 Swans. R. 400; 8 S. & R. 159; 2 Hayw. R. 3; = 1=20 Taylor, R. 121; 1 H. & McH. 152; 2 N. & McC. 114; 5 Day, R. 290; = 4 R.=20 & M. 507; 9 Mass. R. 414; 4 John. 52; 18 John. 346. After their = death, the=20 presumption is generally conclusive. Cowp. 591; 6 T. R. 330.

18. The civil effects of marriage are the following: 1. It confirms = all=20 matrimonial agreements between the parties.

19. - 2. It vests in the husband all the personal property of the = wife, that=20 which is in possession absolutely, and choses in action, upon the = condition that=20 he shall reduce them to possession; it also vests in the husband right = to manage=20 the real estate of the wife, and enjoy the profits arising from it = during their=20 joint lives, and after her death, an estate by the curtesy when a child = has been=20 born. It vests in the wife after the husband's death, an estate in dower = in the=20 husband's lands, and a right to a certain part of his personal estate, = when he=20 dies intestate. In some states, the wife now retains her separate = property by=20 statute.

20. - 3. It creates the civil affinity which each contracts towards = the=20 relations of the other.

21. - 4. It gives the husband marital authority over the person of = his=20 wife.

22. - 5. The wife acquires thereby the name of her husband, as they = are=20 considered as but one, of which he is the head: erunt duo in carne = un=C9.

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

24. - 7. The wife, on her marriage, loses her domicil and gains that = of her=20 husband.

25. - 8. One of the effects of marriage is to give paternal power = over the=20 issue.

26. - 9. The children acquire the domicil of their father.

27. - 10. It gives to the children who are the fruits of the = marriage, the=20 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.=20 Baron and Feme, B; Id. Appx. b. t.; 2 Sell. Pr. 194; Ayl. Parergon, 359; = 1 Bro.=20 Civ. Law, 94; Rutherf. Inst. 162; 2 Supp. to Ves. jr. 334; Roper on = Husband=20 & Wife; Poynter on Marriage and Divorce; Merl. R=E4pert. h. t.; = Pothier,=20 Trait=C7 du Contrat de Marriage; Toullier, h. t.; Chit. Pract. Index, h. = t.;=20 Dane's Ab. Index, h. t., Burge on the Confl. of Laws, Index, h. t.; = Bouv. Inst.=20 Index, h. t.

MARRIAGE BROKAGE. By this expression is meant the act by which = a=20 person interferes, for a consideration to be received by him, between a = man and=20 a woman, for the purpose of promoting a marriage between them. The money = paid=20 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,=20 incapable of confirmation. 1 Fonb. Eq. B. 1, ch. 4, s. 10, note a; 1 = Story, Eq.=20 Jur. 263; Newl. on Contr. 469.

MARRIAGE PORTION. That property which is given to a woman on = her=20 marriage. Vide Dowry.

MARRIAGE, PROMISE OF. A promise of marriage is a contract = entered into=20 between a man and woman that they will marry each other.

2. When the promise is made between persons competent to contract = matrimony,=20 an action lies for a breach of it. Vide Promise of Marriage.

MARRIAGE SETTLEMENT. An agreement made by the parties in = contemplation=20 of marriage by which the title to certain property is changed, and the = property=20 to some extent becomes tied up, and is rendered inalienable. Rice's Eq. = R. 315.=20 See 2 Hill, Ch. R. 3; Ril. Ch. Cas. 76; 8 Leigh, 29; 1 Dev. & Bat. = Eq. 389;=20 2 Dev. & Bat. Eq. 103; 1 Bald. 344; 15 Mass. 106; 1 Yeates, 221; 7 = Pet. 348;=20 4 Bouv. Inst. n. 3947. Vide Settlement, Contracts.

MARSHAL. An officer of the United States, whose duty it is to = execute=20 the process of the courts of the United States. His duties are very = similar to=20 those of a sheriff.

2. It is enacted by the act to establish the judicial courts of the = United=20 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=20 of four years, but shall be removable from office at pleasure whose duty = it=20 shall be to attend the district and circuit courts, when sitting = therein, and=20 also the supreme court in the district in which that court shall sit: = and to=20 execute throughout the district, all lawful precepts directed to him, = and issued=20 under the authority of the United States, and he shall have power to = command all=20 necessary assistance in the execution of his duty, and to appoint, as = there=20 shall be occasion, one or more deputies, who shall be removable from = office by=20 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=20 office, he shall become bound for the faithful performance of the same, = by=20 himself and by his deputies, before the judge of the district court, to = the=20 United States jointly and severally, with two good and sufficient = sureties,=20 inhabitants and freeholders of such district, to be approved by the = district=20 judge, in the sum of twenty thousand dollars, and shall take before said = judge,=20 as shall also his deputies, before they enter on the duties of their=20 appointment, the following oath of office: "I, A B, do solemnly swear or = affirm,=20 that I will faithfully execute alI lawful precepts directed to the = marshal of=20 the district of________under the authority of the United States, and = true=20 returns make; and in all things well and truly, and without malice or=20 partiality, perform the duties of the office of marshal (or marshal's = deputy, as=20 the case may be) of the district of _________ during my continuance in = said=20 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=20 party, the writs and precepts therein shall be directed to such = disinterested=20 person, as the court, or any justice or judge thereof may appoint, and = the=20 person so appointed is hereby authorized to execute and return the same. = And in=20 case of the death of any marshal, his deputy or deputies, shall continue = in=20 office unless otherwise specially removed; and shall execute the same in = the=20 name of the deceased, until another marshal shall be appointed and = sworn: And=20 the defaults, or misfeasances in office of such deputy or deputies in = the mean=20 time, as well as before, shall be adjudged a breach of the condition of = the bond=20 given, as before directed, by the marshal who appointed them; and the = executor=20 or administrator of the deceased marshal, shall have like remedy for the = defaults and misfeasances in office of such deputy or deputies during = such=20 interval, as they would be entitled to if the marshal had continued in = life, and=20 in the exercise of his said office, until his successor was appointed, = and sworn=20 or affirmed: And every marshal, or his deputy, when removed from office, = or when=20 the term for which the marshal is appointed shall expire, shall have = power,=20 notwithstanding, to execute all such precepts as may be in their hands,=20 respectively, at the time of such removal or expiration of office; and = the=20 marshal shall be held answerable for the delivery to his successors of = all=20 prisoners which may be in his custody at the time of his removal, or = when the=20 term for which he is appointed shall expire, and for that purpose may = retain=20 such prisoners in his custody, until his successor shall be appointed, = and=20 qualified as the law directs.

4. By the act making certain alterations in the act for establishing = the=20 judicial courts, &c. passed June 9, 1794, 1 Story's L. U. S. 865, it = is=20 enacted,

7. That so much of the act to establish the judicial courts of the = United=20 States, as is, or may be, construed to require the attendance of the = marshals of=20 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=20 marshal of the district only, in which the court shall sit, unless the=20 attendance of the marshals of other districts shall be required by = special order=20 of the said court.

5. The act of February 28, 1795, 1 Story's L. U. S. 391, directs,

9. That the marshals of the several districts, and their deputies, = shall have=20 the same powers, in executing the laws of the United States, as sheriffs = and=20 their deputies, in the several states, have by law in executing the laws = of the=20 respective states.

6. There are various other legislative provisions in relation to the = duties=20 and rights of marshals, which are here briefly noticed with reference to = the=20 laws themselves.

7. - 1. The act of May 8, 1792, s. 4, provides for the payment of = expenses=20 incurred by the marshal in holding the courts of the United States, the = payment=20 of jurors, witnesses, &c.

8. - 2. The act of April 16, 1817, prescribes the duties of the = marshal in=20 relation to the proceeds of prizes captured by the public armed ships of = the=20 United States and sold by decree of court.

9. - 3. The resolution of congress of March 3, 1791; the act of = February 25,=20 1799, s. 5; and the resolution of March 3, 1821; all relate to the = duties of=20 marshals in procuring prisons, and detaining and keeping prisoners.

10. - 4. The act of April 10, 1806, directs how and for what, = marshals shall=20 give bonds for the faithful execution of their office.

11. - 5. The act of September 18, 1850, s. 5, prescribes the duties = of the=20 marshal in relation to obeying and executing all warrants and precepts = issued=20 under the provisions of this act, and the penalties he shall incur for = refusing=20 to receive and execute the said warrants when rendered, and for = permitting the=20 fugitive to escape after arrest, Vide Story's L. U. S. Index, h. t.; = Serg.=20 Const. Law, ch. 25; 2 Dall. 402; United States v. Burr, 365; Mason's R. = 100; 2=20 Gall. 101; 4 Cranch, 96; 7 Cranch, 276; 9 Cranch, 86, 212; 6 Wheat. 194; = 9=20 Wheat. 645; Minot, Stat. U. S. Index, h. t.

MARSHALLING SECURITIES, equity. When a party has two funds by = which=20 his debt is secured, and another creditor has a claim only on one of = these=20 funds, a court of equity will compel the creditor having a double = security to=20 resort to that fund which will leave the other creditor his security, = this is=20 called marshalling assets. 4 Bouv. Inst. n. 3788; 1 Story, Eq. Jur. 633 = Amb. 91;=20 8 Ves. 389; 9 Ves. 209.

2. Marshalling of assets respects two different funds, and two = different sets=20 of parties, where one set can resort to either fund, the other only to = one. It=20 is grounded on obvious equity. It does no prejudice to anybody, and it=20 effectuates the testator's intent. It takes place in favor of simple = contract=20 creditors, and of legatees, devisees and heirs, and in a few other = cases, but=20 not in favor of the next of kin. 4 Bro. C. C. 411; 1 P. Wms. 680.

3. The cases in which a court of equity marshals real and personal = assets for=20 the payment of simple contract debts and legacies, may be classed as = follows: 1.=20 Where there are specialty and simple contract debts and legacies and = lands left=20 to descend. In this case if the specialty creditors take a satisfaction = for=20 their debts out of the personal estate, the simple contract creditors = first, and=20 then the legatees, shall stand in the place of the specialty creditors, = for=20 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=20 specifically devised. In this case if the creditors take a satisfaction = for=20 their debts out of the personal estate, the simple contract creditors = shall=20 stand in the place of the specialty creditors for obtaining a = satisfaction out=20 of the lands to the amount of so much as was received by the specialty = creditors=20 out of the personal estate, but then there can be no relief for the = legatees,=20 because there is as much equity to support the, specific devise of the = lands, as=20 to support the bequest of the legatees.

5. - 3. Where the debts are charged upon the lands. Here the legatees = shall=20 have the personal estate towards their satisfaction, and if the = creditors take=20 it in payment or towards the discharge of their debts, the legatees = shall stand=20 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.=20 In this case the land shall be sold and all paid equally. 1 Madd. Ch. = Pr.=20 617.

MARSHALSEA, English law. The name of a prison belonging to the = court=20 of the king's bench.

MARTIAL LAW. Vide Law Martial.

MARYLAND. One of the original states of the United States of = America.=20 The province of Maryland was included in the patent of the Southern or = Virginia=20 company; and upon the dissolution of that company, it reverted to the = crown.=20 Charles the First, on the 20th of June, 1632, granted it by patent to = Lord=20 Baltimore. Under this charter Maryland continued to be governed, with = some short=20 intervals of interruption, down to the period of the American = Revolution, by the=20 successors of the original proprietor. 1 Chalmer's Annals, 203.

2. Upon the revolution of 1688, the government of Maryland was seised = into=20 the hands of the crown, and was not again restored to the proprietary = until=20 1716; from that period no alteration occurred until the American = Revolution.=20 Bacon's Laws of Maryland, 1692, 1716.

3. The original constitution of this state was adopted on the 14th = day of=20 August, 1776. The present constitution was adopted in 1851.

4. The powers of the government are distributed into the legislative, = the=20 executive, and the judicial.

5. - 1st. The legislature shall consist of two distinct branches, a = senate=20 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,=20 1852, on the same day, in the year 1853, and on the same day, 1854, and = on the=20 same day in every second year thereafter, and at no other time, unless = convened=20 by the proclamation of the governor. Art. III. s. 7.

7. - 3. The senate will be considered with reference to the = qualification of=20 the electors; the qualification of the members; the length of time for = which=20 they are elected; and the time of their election. 1. Every free white = male=20 person of twenty-one years of age or upwards, who shall have been one = year next=20 preceding the election a resident of the state, and for six months a = resident of=20 the city of Baltimore, or of any county in which he may offer to vote, = and being=20 at the time of the election, a citizen of the United States, shall be = entitled=20 to vote in the ward or election district in which he re-sides, in all = elections=20 hereafter to be held; an& at all such elections the vote shall be = taken by=20 ballot. And in case any county or city shall be so divided as to form = portions=20 of different electoral districts for the election of congressmen, = senator,=20 delegate or other officer or officers, then to en-title a person to vote = for=20 such officer, he must have been a resident of that part of the county or = city=20 which shall form a part of the electoral district in which he offers to = vote for=20 six months next preceding the election: but a person who shall have = acquired a=20 residence in such county or city, entitling him to vote at any such = election,=20 shall be entitled to vote in the election district from which he = remoted, until=20 he shall have acquired a residence in the part of the county or city to = which he=20 has removed. Art. I. s. 1. 2. No person shall be eligible as a senator = who at=20 the time of his election is not a citizen of the United States, and who = bas not=20 resided at least three years next preceding the day of his election, in = this=20 state, and the last year thereof in the county or city which he may be = chosen to=20 represent, if such county or city shall have been so long established, = and if=20 not, then in the county from which, in whole or in part, the same may = have been=20 formed; nor shall any person be eligible as a senator unless he shall = have=20 attained the age of twenty-five years. No member of congress, or person = bolding=20 any civil or military office under the United States, shall be eligible = as a=20 senator; and if any person, after his election as a senator, be elected = to=20 congress, or be appointed to any office, civil or military, under the = government=20 of the United States, his acceptance thereof shall vacate his seat. No = minister=20 or preacher of the gospel of any denomination, and no person holding any = civil=20 office of profit or trust under the state, except justices of the peace, = shall=20 be eligible as senator. Art. III. ss. 9, 10, 11. 3. Every county of the = state,=20 and the city of Baltimore, shall be entitled to elect one senator, who = shall=20 serve for four years from the day of their election. The first election = shall=20 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=20 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=20 has been observed in considering the senate. 1. The electors are = qualified in=20 the same manner as the electors of the senate. 2. No person shall be a = delegate=20 who shall not have attained the age of twenty-one years; the other=20 qualifications are the same as those for a senator. 3. The whole number = of=20 delegates shall never exceed eighty, nor be less than sixty-five, and = shall be=20 apportioned among the several counties according to the population of = each, the=20 city of Baltimore to have four more delegates than the most populous = county; no=20 county to have less than two delegates, the apportionment to be made = after the=20 returns of the national census in 1860 are published, and in like manner = after=20 each subsequent census. They are to serve two years from the day of = their=20 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=20 term of office shall commence on the second Wednesday of January next = ensuing=20 his election, and continue for four years, and until his successor shall = have=20 qualified.

10. - 2. The first election for governor under this constitution = shall be=20 held on the first Wednesday of November, in the year eighteen hundred = and=20 fifty-three, and on the same day and month in every fourth year = thereafter, at=20 the places of voting for delegates to the general assembly, and every = person=20 qualified to vote for delegates shall be qualified, and entitled to vote = for=20 governor; the election to be held in the same manner as the election of=20 dele-gates, and the returns thereof, under seal, to be addressed to the = speaker=20 of the house of delegates, and enclosed and transmitted to the secretary = of=20 state, and delivered to the said speaker at the commencement of the = session of=20 the legislature next ensuing said election.

11. - 3. The speaker of the house of delegates shall then open the = said=20 returns in the presence of both houses, and the person having the = highest number=20 of votes, and being constitutionally eligible, shall be the governor, = and shall=20 qualify in the manner herein prescribed, on the second Wednesday of = January next=20 ensuing his election, or as soon thereafter as may be practicable.

12. - 4. If two or more persons shall have the highest and an equal = number of=20 votes, one of them shall be chosen governor by the senate and house of=20 delegates; and all questions in relation to the eligibility of governor, = and to=20 the returns of said election, and to the number and legality of votes = therein=20 given, shall be determined by the house of delegates. And if the person = or=20 persons having the highest number of votes be ineligible, the governor = shall be=20 chosen by the senate and house of delegates. Every election of governor, = by the=20 legislature, shall be determined by a joint majority of the senate and = house of=20 delegates, and the vote shall be taken viva voce. But if two or more = persons=20 shall have the highest and an equal number of votes, then a second vote = shall be=20 taken, which shall be confined to the persons having an equal number; = and if the=20 votes should again be equal, then the election of governor shall be = determined=20 by lot between those who shall have the highest and an equal number on = the first=20 vote.

13. - 5. The state shall be divided into three districts. St. Mary's, = Charles, Calvert, Prince George's, Anne Arundle, Montgomery, and Howard=20 counties, and the city of Baltimore to be the first; the eight counties = of the=20 Eastern shore to be the second; and Baltimore, Harford, Frederick, = Washington,=20 Allegany, and Carroll counties, to be the third. The governor, elected = from the=20 third district in October last, shall continue in office during the term = for=20 which he was elected. The governor shall be taken from the first = district, at=20 the first election of governor under this constitution; from the second = district=20 at the second election, and from the third district at the third = election, and=20 in like manner, afterwards, from each district, in regular = succession.

14. - 6. A person to be eligible to the office of governor, must have = attained the age of thirty years, and been for five years a citizen of = the=20 United States, and for five years next preceding his election a resident = of the=20 state, and for three years a resident of the district from which he was=20 elected.

15. - 7. In case of the death or resignation of the governor, or of = his=20 removal from the state, the general assembly, if in session, or if not, = at their=20 next session, shall elect some other qualified resident of the same = district, to=20 be the governor for the residue of the term for which the said governor = had been=20 elected.

16. - 8. In case of any vacancy in the office of governor during the = recess=20 of the legislature, the president of the senate shall discharge the = duties of=20 said office till a governor is elected as herein provided for; and in = case of=20 the death or resignation of said president, or of his removal from the = state, or=20 of his refusal to serve, then the duties of said office shall, in like = manner,=20 and for the same interval, devolve upon the speaker of the house of = dele-gates,=20 and the legislature may provide by law for the case of impeachment or = inability=20 of the governor, and declare what person shall perform the executive = duties=20 during such impeachment or inability; and for any vacancy in said = office, not=20 herein provided for, provision may be made by law, and if such vacancy = should=20 occur without such provision being made, the legislature shall be = convened by=20 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=20 forces of the state, and may call out the militia to repel invasions, = suppress=20 insurrections, and enforce the execution of the laws; but shall not take = the=20 command in person without the consent of the legislature.

18. - 10. He shall take care that the laws be faithfully = executed.

19. - 11. He shall nominate, and by and with the advice and consent = of the=20 senate, appoint all civil and military officers of the state, whose = appointment=20 or election is not otherwise herein provided for, unless a different = mode of=20 appointment be prescribed by the law creating the office.

20. - 12. In case of any vacancy during the recess of the senate, in = any=20 office which the governor has power to fill, he shall appoint some = suitable=20 person to said office, whose commission shall continue in force till the = end of=20 the next session of the legislature, or till some other person is = appointed to=20 the same office, whichever shall first occur, and the nomination of the = person=20 thus a pointed during the recess, or of some other person in his place, = shall be=20 made to the senate within thirty days after the next meeting of the=20 legislature.

21. - 13. No person, after being rejected by the senate, shall be = again=20 nominated for the same office at the same seision, unless at the request = of the=20 senate; or be appointed to the same office during the recess of the=20 legislature.

22. - 14. All civil officers appointed be the governor and senate = shall be=20 nominated to the senate within fifty days from the commencement of each = regular=20 session of the legislature; and their term of office shall commence on = the first=20 Monday of May next ensuing their appointment, and continue for two years = (unless=20 sooner removed from office) and until their successors, respectively, = qualify=20 according to law.

23. - 15. The governor may suspend or arrest any military officer of = the=20 state for disobedience of orders, or other military offence, and may = remove him=20 in pursuance of the sentence of a court-martial; and may remove for = incompetency=20 or misconduct, all civil officers, who receive appointments from the = executive=20 for a term not succeeding two years.

24. - 16. The governor may convene the legislature, or the senate = alone, on=20 extraordinary occasions; and whenever, from the presence of an enemy or = from any=20 other cause, the seat of government shall become an unsafe place for the = meeting=20 of the legislature, he may direct their sessions to be held at some = other=20 convenient place.

25. - 17. It shall be the duty of the governor semi-annually, and = oftener if=20 he deem it expedient, to examine the bankbook, account books, and = official=20 proceedings of the treasurer anA comptroller of the state.

26. - 18. He shall, from time to time, inform the legislature of the=20 condition of the state, and recommend to their consideration such = measures as he=20 may judge necessary and expedient.

27. - 19. He shall have power to grant reprieves and pardons, except = in cases=20 of impeachment, and in cases in which he is prohibited by other articles = of this=20 constitution, and to remit fines and forfeitures for offences against = the state;=20 but shall not remit the principal or interest of any debt due to the = state,=20 except in cases of fines and forfeitures; and before granting a nolle = prosequi,=20 or pardon, he shall give notice, in one or more newspapers, of the = application=20 made for it, and of the day on or after which his decision will be = given; and in=20 every case in which he exercises this power, he shall report to either = branch of=20 the legislature. Whenever required, the petitions, recommendations and = reasons=20 which influence his decision.

28. - 20. The governor shall reside at the seat of government, and = shall=20 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=20 counsel, who shall be entitled to such compensation as the legislature = may allow=20 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=20 with the advice and consent of the senate, who shall continue in office, = unless=20 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=20 salary of one thousand dollars.

30. - 23. He shall carefully keep and preserve a record of all = official acts=20 an proceedings (which may, at all times, be inspected by a committee of = either=20 branch of the legislature,) and shall perform such other duties as may = be=20 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=20 appeals, in circuit courts, in such courts for the city of Baltimore as = may be=20 hereinafter prescribed, and in justices of the peace.

32. - 2. The court of appeals shall have appellate jurisdiction only, = which=20 shall be co-extensive with the limits of the state. It shall consist of = a chief=20 justice and three associate justices, any three of whom shall form a = quorum,=20 whose judgment shall be final and conclusive in all cases of appeals; = and who=20 shall have the jurisdiction which the present court of appeals of this = state now=20 has, and such other appellate jurisdiction as hereafter may be provided = for by=20 law. And in every case decided, an opinion, in writing, shall be filed, = and=20 provision shall be made, by law, for publishing reports of cases argued = and=20 determined in the said court. The governor, for the time being, by and = with the=20 advice and consent of the senate, shall designate the chief justice, and = the=20 court of appeals shall hold its sessions at the city of Annapolis, on = the first=20 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,=20 Washington, Frederick, Carroll, Baltimore, and Harford counties, shall = compose=20 the first; Montgomery, Howard, Anne Arundel, Calvert, St. Mary's, = Charles and=20 Prince George's, the second; Baltimore city, the third; and Cecil, Kent, = Queen=20 Anne's, Talbot, Caroline, Dorchester, Somerset, ana Worcester, shall = compose the=20 fourth district. And one person from among those learned in the law = having been=20 admitted to practice in this this state at least, five years, and above = the age=20 of thirty years at the time of his election, and a resident of the = judicial=20 district, shall be elected from each of said districts by the legal and=20 qualified voters therein, as a judge of the said court of appeals, who = shall=20 hold his office for the term of ten years from the time of his election, = or=20 until he shall have attained the age of seventy years, whichever may = first=20 happen, and be reeligible thereto until he shall have attained the age = of=20 seventy years, and not after, subject to removal for incompetency, = wilful=20 neglect of duty, or misbehaviour in office, on conviction in a court of = law, or=20 by the governor upon the address of the general assembly, two-thirds of = the=20 members of each house concurring in such address; and the salary of each = of the=20 judges of the court of appeals shall be two thousand five hundred = dollars=20 annually, and shall not be increased or diminished during their = continuance in=20 office; and no fees or perquisites of any kind, shall be allowed by law = to any=20 of the said judges.

34. - 4. No judge of the court of appeals shall sit in any case = wherein he=20 may be interested, or where either of the parties may be connected with = him by=20 affinity or consanguinity within such degrees as may be prescribed by = law, or=20 when he shall have been of counsel in said case; when the court of = appeals, or=20 any of its members shall be thus disqualified to bear and determine any = case or=20 cases in said court, so that by reason thereof no judgment can be = rendered in=20 said court, the same shall be certified to the governor of the state, = who shall=20 immediately commission the requisite number of persons learned in the = law for=20 the trial and determination of said case or cases.

35. - 5. All judges of the court of appeals, of the circuit courts, = and of=20 the courts for the city of Baltimore, shall, by virtue of their offices, = be=20 conservator's of the peace throughout the state.

36. - 6. All public commissions and grants shall run thus: "The State = of=20 Maryland," &c., and shall be signed by the governor, with the seal = of the=20 state annexed; all writs and process shall run in the same style, and be = tested,=20 sealed and signed as usual; and all indictments shall conclude "against = the=20 peace, government and dignity of the state."

37. - 7. The state shall be divided into eight judicial circuits, in = manner=20 and form following, to wit; St. Mary's, Charles, and Prince George's = counties=20 shall be the first: Anne, Arundel, Howard, Calvert and Montgomery = counties shall=20 be the second; Frederick and Carroll counties shall be the third; = Washington and=20 Allegany counties shall be the fourth; Baltimore city shall be the = fifth;=20 Baltimore, Harford and Cecil counties shall be the sixth; Kent, Queen = Anne's,=20 Talbot and Caroline counties shall be the seventh; and Dorchester, = Somerset and=20 Worcester counties shall be the eighth; and there shall be elec-ted, as=20 hereinafter directed, for each of the said judicial circuits, except the = fifth,=20 one person from among those learned in the law, having been admitted to = practice=20 in this state, and who shall have been a citizen of this state at least = five=20 years, and above the age of thirty years at the time of his election, = and a=20 resident of the judicial circuit, to be judge thereof; the said judges = shall be=20 styled circuit judges, and shall respectively hold a term of their = courts at=20 least twice in each year, or oftener if required by law, in each county=20 composing their respective circuits; and the said courts shall be called = circuit=20 courts for the county in which they may be held, and shall have and = exercise in=20 the several counties of this state, all the power, authority and = jurisdiction=20 which the county courts of this state now have and exercise, or which = may=20 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=20 the present court of chancery of Maryland; provided, nevertheless, that=20 Baltimore county court may hold its sittings within the limits of the = city of=20 Baltimore, until provision shall be made by law for the location of a = county=20 seat within the limits of the said county proper, and the erection of a = court=20 house and all other appropriate buildings, for the convenient = administration of=20 justice in said court.

38. - 8. The judges of the several judicial circuits shall be = citizens of the=20 United States, and shall have resided five years in this state, and two = years in=20 the judicial circuit for which they may be respectively elected, next = before the=20 time of their election, and shall reside therein while they continue to = act as=20 judges; they shall be taken from among those who, having the other=20 qualifications herein prescribed, are most distinguished for integrity, = wisdom=20 and sound legal knowledge, and shall be elected by the qualified voters = of the=20 said circuits, and shall hold their offices for the term of ten years, = removable=20 for misbehaviour, on conviction in a court of law or by the governor, = upon the=20 address of the general assembly, provided that two-thirds of the members = of each=20 house shall concur in such address, and the said judges shall each = receive a=20 salary of two thousand dollars a year, and the same shall not be = increased or=20 diminished during the time of their continuance in office; and no judge = of any=20 court in this state, shall receive any perquisite, fee, commission or = reward, in=20 addition thereto, for the performance of any judicial duty.

39. - 9. There shall be established for the city of Baltimore one = court of=20 law, to be styled "the court of common pleas," which shall have civil=20 jurisdiction in all suits where the debt or damage claimed shall be over = one=20 hundred dollars, and shall not exceed five hundred dollars; and shall, = also,=20 have jurisdiction in all cases of appeal from the judgment of justices = of the=20 peace in the said city, and shall have jurisdiction in all applications = for the=20 benefit of the insolvent laws of this state, and the supervision and = control of=20 the trustees thereof.

40. - 10. There shall also be established, for the city of Baltimore, = another=20 court of law, to be styled the superior court of Baltimore city, which = shall=20 have jurisdiction over all suits where the debt or damage claimed shall = exceed=20 the sum of five hundred dollars, and in case any plaintiff or = plain-tiffs shall=20 recover less than the sum or value of five hundred dollars, he or they = shall be=20 allowed or adjudged to pay costs in the discretion of the court. The = said court=20 shall also have jurisdiction as a court of equity within the limits of = the said=20 city, and in all other civil cases which have not been heretofore = assigned to=20 the court of common pleas.

41. - 11. Each of the said two courts shall consist of one judge, who = shall=20 be elected by the legal and qualified voters of the said city, and shall = bold=20 his office for the term of ten years, subject to the provisions of this=20 constitution, with regard to the election and qualification of judges = and their=20 removal from office, and the salary of each of the said judges shall be=20 twenty-five hundred dollars a year; and the legislature shall, wherever = it may=20 think the same proper and expedient, provide, by law, another court for = the city=20 of Baltimore, to consist of one judge to be elected by the qualified = voters of=20 the said city, who shall be subject to the same constitutional = provisions, hold=20 his office for the same term of years, and receive the same compensation = as the=20 judge of the court of common pleas of the said city, and the said court = shall=20 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=20 be styled the criminal court of Baltimore, which shall consist of one = judge, who=20 shall also be elected by the legal and qualified voters of the said = city, and=20 who shall have and exercise all the jurisdiction now exercised by = Baltimore city=20 court, and the said judge shall receive a salary of two thousand dollars = a year,=20 and shall be subject, to the provisions of this constitution with regard = to the=20 election and qualifications of judges, term of office, and removal=20 therefrom.

43. - 13. The qualified voters of the city of Baltimore, and of the = several=20 counties of the state, shall, on the first, Wednesday of November, = eighteen=20 hundred and fifty-one, and on the same day of the same month in, every = fourth=20 year forever thereafter, elect three men to be judges of the orphans' = court of=20 said city and counties respectively, who shall be citizens of the state = of=20 Maryland, and citizens of the city or county for which they may be = severally=20 elected at the time of their eiection. They shall have all the powers = now vested=20 in the orphans' courts of this state, subject to such changes therein as = the=20 legislature may prescribe, and each of said judges shall be paid at a = per diem=20 rate, for the time they are in session, to be fixed by the legislature, = and paid=20 by the said counties and city respectively.

44. - 14. The legislature, at its first session after the adoption of = this=20 constitution, shall fix the number of justices of the peace and = constables for=20 each ward of the city of Baltimore, and for each election district in = the=20 several counties, who shall be elected by the legal and qualified voters = thereof=20 respectively, at the next general election for delegates thereafter, and = shall=20 hold their offices for two years from the time of their election, and = until=20 their successors in office are elected and qualified; and the = legislature may,=20 from time to time, increase or diminish the number of justices of the = peace and=20 constables to be elected in the several wards and election districts, as = the=20 wants and interests of the people may require. They shall be, by virtue = of their=20 offices, conservators of the peace in the said counties and city = respectively,=20 and shall have such duties and compensation as now exist, or may be = provided for=20 by law. In the event of a vacancy in the office of a justice of the = peace, the=20 governor shall appoint a person to serve as justice of the peace, until = the next=20 regular election of said officers, and in case of a vacancy in the = office of=20 constable, the county commissioners of the county, in which a vacancy = may occur,=20 or the mayor and city council of Baltimore, as the case may be, shall = appoint a=20 person to serve as constable until the next regular election thereafter = for said=20 officers. An appeal shall lie in all civil cases from the judgment of a = justice=20 of the peace to the circuit court, or, to the court of common pleas of = Baltimore=20 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=20 hereafter enacted. And the mayor and city council may provide, by = ordinance,=20 from time to time, for the creation and government of such temporary = additional=20 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=20 where either of the parties may be connected with him by affinity or=20 consan-guinity, within such degrees as may be prescribed by law, or = where he=20 shall have been of counsel in the case and whenever any of the judges of = the=20 circuit courts, or of the courts for Baltimore city, shall be thus = disqualified,=20 or whenever, by reason of sickness, or any other cause, the said judges, = or any=20 of them, may be unable to sit in any cause, the parties may, by consent, = appoint=20 a proper person to try the said cause, or the judges, or any of them, = shall do=20 so when directed by law.

46. - 16. The present chancellor and the register in chancery, and, = in the=20 event of any vacancy in their respective offices, their successors in = office=20 respectively, who are to be appointed as at present, by the governor and = senate,=20 shall continue in office, with the powers and compensation as at present = established, until the expiration of two years after the adoption of = this=20 constitution by the people, and until the, end of the session of the = legislature=20 next thereafter, after which the said offices of chancellor and register = shall=20 be abolished. The legislature shall, in the mean time, provide by law = for the=20 recording, safe-keeping, or other disposition, of the records, decrees = and other=20 proceedings of the court of chancery, and for the copying and = attestation=20 thereof, and for the custody and use of the great seal of the state, = when=20 required, after the expiration of the said two years, and for = transmitting to=20 the said counties, and to the city of Baltimore, all the cases and = proceedings=20 in said court then undisposed of and unfinished, in such manner, and = under such=20 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=20 the same from any other court, from and after the ratification of this=20 constitution.

47. - 17. The first election of judges, clerks, registers of wills, = and all=20 other officers, whose election by the people is provided for in this = article of=20 the constitution, except justices of the peace and constables, shall = take place=20 throughout the state on the first Wednesday of November next after the=20 ratification of this constitution by the people.

48. - 18. In case of the death, resignation, removal, or other=20 disqualification of a judge of any of the courts of law, the governor, = by and=20 with the advice and consent of the senate, shall thereupon appoint a = person,=20 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=20 prescribed, for a judge, who shall hold the said office for ten years, = according=20 to the provisions of this constitution.

49. - 19. In case of the death, resignation, removal, or other=20 disqualification of the judge of an orphans' court, the vacancy shall be = filled=20 by the appointment of the governor, by and with the advice and consent = of the=20 senate.

50. - 20. Whenever lands lie partly in one county, and partly in = another or=20 partly in a county and partly in the city of Baltimore, or whenever = persons=20 proper to be made defendants to proceedings in chancery, reside some in = one=20 county and some in another, that court shall have jurisdiction in which=20 proceedings shall have been first commenced, subject to such rules, = regulations=20 and alterations as may be prescribed by law.

51. - 21. In all suits or actions at law, issues from the orphans' = court or=20 from any court sitting in equity, in petitions for freedom, and in all=20 pre-sentments and indictments now pending, or which may be pending at = the time=20 of the adoption of this constitution by the people, or which may = hereafter be=20 instituted in any of the courts of law of this state, having = jurisdiction=20 thereof, the judge or judges thereof, upon suggestion in writing, if = made by the=20 state's attorney, or the prosecutor for the state, or upon suggestion in = writing, supported by affidavit, made by any of the parties thereto, or = other=20 proper evidence, that a fair and impartial trial cannot be had in the = court=20 where such suit or action at law, issues or petitions, or presentment = and=20 indictment is depending, shall order and direct the record of = proceedings in=20 such suit or action, issues or petitions, presentment or indictment, to = be=20 transmitted to the court of any adjoining county; provided, that the = removal in=20 all civil causes be confined to an adjoining county within the judicial = circuit,=20 except as to the city of Baltimore, where the removal may be to an = adjoining=20 county, for trial, which court shall hear and determine the same in like = manner=20 as if such suit or action, issues or petitions, presentment or = indictment, had=20 been originally instituted therein; and provided also, that such = suggestion=20 shall be made as aforesaid, before or during the term in which the issue = or=20 issues may be joined in said suit or action, issues or petition, = presentment or=20 indictment, and that such further remedy in the premises may be provided = by law,=20 as the legislature shall from time to time direct and enact.

52. - 22. All election of judges, and other officers provided for by = this=20 constitution, shall be certified, and the returns made by the clerks of = the=20 respective counties to the governor, who shall issue commissions to the=20 different persons for the offices to which they shall have been = respectively=20 elected; and in all such elections, the person having the greatest = number of=20 votes, shall be declared to be elected.

53. - 23. If, in any case of election for judges, clerks of the = courts of law=20 and registers of wills, the opposing candidates shall have an equal = number of=20 votes, it shall be the duty of the governor to order a new election; and = in case=20 of any contested election, the governor shall send the returns to the = house of=20 delegates, who shall judge of the election and qualification of the = candidates=20 at such election.

MASCULINE. That which belongs to the male sex.

2. The masculine sometimes includes the feminine, vide an example = under the=20 article Man, and see also the articles Gender, Worthiest of blood; Poth. = Intr.=20 au titre 16, des Testamens et Donations Testamentaires, n. 170; Ayl, = Pand. 57; 4=20 C. & P. 216; S. C. 19 E. C. L. R. 551 3 Fred. Code, pr. 1, b. 1, t. = 4, s. 3;=20 3 Brev. R. 9.

MASSACHUSETTS. One of the original states of the United States = of=20 America. The colony or province of Massachusetts was included in a = charter=20 granted by James the First, by which its territories were extended in = breadth=20 from the 40th to the 48th degree of north latitude, and in length by all = the=20 breadth aforesaid throughout the mainland from sea to sea. This charter=20 continued until 1684. Holmes' Annals, 412; 1 Story, Const. 71. In 1691 = William=20 and Mary granted a new charter to the colony, and henceforth it became = known as=20 a province, and continued to act under this charter till after the = Revolution. 1=20 Story, Const. 71.

2. The constitution of Massachusetts was adopted by a convention = begun and=20 held at Cambridge, on the first of September, 1779, and continued, by=20 adjournment, to the second of March, 1780.

3. The style and name of the state is The Commonwealth of = Massachusetts. The=20 government is distributed into a legislative, executive and judicial = power.

4. - 1st. The department of legislation is formed by two branches, a = senate=20 and house of representatives, each of which has a negative on the other, = and=20 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=20 forty persons to be counsellors and senators for the year ensuing their=20 election. Part 2, c. 1, s. 2, art. 1.

6. - 2. The House of representatives is composed of an indefinite = number of=20 persons elected by the towns in proportion to their population. Part 2, = c. 1, s.=20 3, art. 2.

7. - 2d. The executive power is vested in a governor, lieutenant = governor and=20 council.

8. - 1. The supreme executive magistrate is styled The Governor of = the=20 Commonwealth of Massachusetts. He is elected yearly by the qualified = electors.=20 Part 2, c. 2, s. 1. He is invested with the veto power. Part 2, c. 1, s. = 1, art.=20 2.

9. - 2. The electors are required to elect annually a lieutenant = governer.=20 When the office of governor happens to be vacant he acts as governor, = and at=20 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=20 court; they mast be taken from those returned for counsellors and = senators,=20 unless they will not accept the said office, when they shall be chosen = from the=20 people at large. The council shall advise the governor in the executive = part of=20 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=20 judiciary:
Art. 1. The tenure that all commissioned officers shall, = by law,=20 have in their office, shall be expressed in their respective = commissions; all=20 judicial officers, duly appointed, commissioned, and sworn, shall hold = their=20 offices during good behaviour; excepting such concerning whom there is = different=20 provision made in this constitution; Provided, nevertheless, the = governor, with=20 consent of the council, may remove them upon the address of both houses = of the=20 legislature.

12. - 2. Each branch of the legislature, as well as the governor and = council,=20 shall have authority to require the opinions of the justices of the = supreme=20 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=20 place of any justice of the peace, who shall fail of discharging the = important=20 duties of his office with ability or fidelity, all commissions of = jus-tices of=20 the peace shall expire and become void in the term of seven years from = their=20 respective dates; and upon the expiration of any commission, the same = may, if=20 necessary, be renewed, or another person appointed, as shall most = conduce to the=20 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,=20 as the convenience of the people may require; and the legislature shall, = from=20 time to time hereafter, appoint such times and places: until which = appointments,=20 the said courts shall be holden at the times and places which the = respective=20 judges shall direct.

15. - 5. All causes of marriage, divorce, and alimony, and all = appeals from=20 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=20 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=20 law generally enforces. He is also entitled to be obeyed by his = apprentices, as=20 if they were his children. Bouv. Inst. Index, h. t.

2. - 2. Master is one who is employed in teaching children, known = generally=20 as a schoolmaster; as to his powers, see Correction.

3. - 3. Master is the name of an officer: as, the ship Benjamin = Franklin,=20 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=20 perform some act or do something for him. The law having adopted the = maxim of=20 the civil law, qui facit per alium facit per se; the agent is but an = instrument,=20 and the master is civilly responsible for the act of his agent, as if it = were=20 his own, when he either commands him to do an act, or puts him in a = condition,=20 of which such act is a result, or by the absence of due care and = control, either=20 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;=20 Salk. 282; 1 East. R. 106; 1 Bos. & Pul. 404; 2 H. Bl. 267; 5 Barn. = &=20 Cr. 547; 2 Taunt. R. 314; 4 Taunt. R. 649; Mass. 364, 385; 17 Mass. 479, = 509; 1=20 Pick. 47 5; 4 Watts, 222; 2 Harr. & Gill, 316; 6 Cowen, 189; 8 Pick. = 23; 5=20 Munf. 483. Vide Agent; Agency; Driver; Servant.

MASTER AT COMMON LAW, Engl. law. An officer of the superior = courts of=20 law, who has authority for taking affidavits sworn in court, and = administering a=20 variety of oaths; and also empowered to compute principal and interest = on bills=20 of exchange and other engagements, on which suit has been brought; he = has also=20 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=20 the first found it necessary to have a number of clerks, were it for no = other=20 purpose, than to perform the mechanical part of the business, the = writing; these=20 soon rose to the number of twelve. In process of time this number being = found=20 insufficient, these clerks contrived to have other clerks under them, = and then,=20 the original clerks became distinguished by the name of masters in = chancery. He=20 is an assistant to the chancellor, who refers to him interlocu-tory = orders for=20 stating accounts, computing damages, and the like. Masters in chancery = are also=20 invested with other powers, by local regulations. Vide Blake's Ch. Pr. = 26; 1=20 Madd. Pr. 8 1 Smith's Ch. Pr. 9, 19.

3. In England there are two kinds of masters in chancery, the = ordinary, and=20 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=20 executed such orders. 1 Sm. Ch. Pr. 9.

5. - 2. The masters extraordinary perform the duty of taking = affidavits=20 touching any matter in or relating to the court of chancery, taking the=20 acknowledgment of deeds to be enrolled in the said court, and taking = such=20 recognizances, as may by the tenor of the order for entering them, be = taken=20 before a master extraordinary. 1 Sm. Ch. Pr. 19. Vide, generally, 1 = Harg. Law=20 Tr. 203, a Treatise of the Maister of the Chauncerie.

MASTER OF THE ROLLS. Eng. law. An officer who bears this = title, and=20 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=20 principally confined to keeping the rolls; and when the clerks in = chancery=20 became masters, then this officer became distinguished as master of the = rolls.=20 Vide Master in Chancery.

MASTER OF A SHIP, mar. law. The commander or first officer of = a ship;=20 a captain. (q. v.)

2. His rights and duties have been considered under the article = Captain. Vide=20 also, 2 Bro. Civ. Adm. Law, 133; 3 Kent, Com. 121; Wesk. Ins. 360; Park. = on Ins.=20 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.=20 Pet. Adm. Dee. 246.

3. When, on the death of the master, the mate assumes the command, he = succeeds to the rights and duties of the principal officer. 1 Sumn. 157; = 3=20 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,=20 the mistress of a family.

MATERIAL MEN. This name is given to persons who furnish = materials for=20 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=20 of materials furnished for such ship, which may be recovered in the = admiralty. 9=20 Wheat. 409. But they have no lien for furnishing materials for repairs = of=20 domestic ships. Wheat. 438.

3. In several of the states, laws have been enacted giving material = men a=20 lien on houses and other buildings when they have furnished materials = for=20 constructing the same.

MATERIALITY. That which is important; that which is not merely = of form=20 but of substance.

2. When a bill for discovery has been filed, for example, the = defendant must=20 answer every material fact which is charged in the bill, and the test in = these=20 cases seems to be that when, if the defendant should answer in the = affirmative,=20 his answer would be of use to the plaintiff, the answer would be = mate-rial, and=20 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=20 the matter he swore to was material to the question then depending. Vide = 3 Chit.=20 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=20 according to his contract, as a tailor is bound to employ the cloth I = furnish=20 him with, to make me a coat that shall fit me, for if he so make it that = I=20 cannot wear it, it is not a proper employment of the materials. But if = the=20 undertaker use ordinary skill and care, he will not be responsible, = although the=20 mate-rials may be injured; as, if a gem be delivered to a jeweler, and = it is=20 broken without any unskilfulness, negligence or rashness of the artisan, = he will=20 not be liable. Poth. Louage, n. 428.

3. The workman is to use ordinary diligence in the care of the = materials=20 entrusted with him, or to exercise that caution which a prudent man = takes of his=20 own affairs, and he is also bound to preserve them from any unexpected = danger to=20 which they may be exposed. 1 Gow. R. 30; 1 Camp. 138.

4. When there is no special contract between the parties, and the = materials=20 perish while in the possession of the workman or undertaker, without his = default, either by inevitable casualty, by internal defect, by superior = force,=20 by robbery or by any peril not guarded against by ordinary diligence, he = is not=20 responsible. This is the case only when the material belongs to the = em-ployer=20 and the workman only undertakes to put his work upon it. But a = distinction must=20 be observed in the case when the employer has engaged a workman to make = him an=20 article out of his own materials, for in that case the employer has no = property=20 in it, until the work be completed, and the article be deli-vered to = him; if, in=20 the mean time, the thing perishes, it is the loss of the workman, who is = wholly=20 its owner, according to the maxim res perit domino. In the former case = the=20 employer is the owner; in the latter the workman; in the first case it = is a=20 bailment, in the second a sale of the thing in futuro. Domat. B. 1, t. = 4, 7, n.=20 3; Id. B. 1, t. 4, 8, n. 10.

5. Another distinction must be made in the case when the thing given = by the=20 employer was to become the property of the workman, and an article was = to be=20 made out of similar materials, and before its completion it perished. In = this=20 case the title to the thing having passed to the workman, the loss must = be his.=20 1 Blackf. 353; 7 Cowen, 752, 756, note; 21 Wend. 85; 3 Mason, 478; Dig. = 19, 2,=20 31; 1 Bouv. Inst. 1006-7.

6. In some of the states by their laws persons who furnish materials = for the=20 construction of a building, have a lien against such building for the = payment of=20 the value of such materials. See Lien of Mechanics.

MATERNA MATERNIS. This expression is used in the French law to = signify=20 that in a succession the property coming from the mother of a deceased = person,=20 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=20 Line.

MATERNAL PROPERTY. That which comes from the mother of the = party, and=20 other ascendants of the maternal stock. Domat, Liv. Prel. tit. 3, s. 2, = n. 12.=20 MATERNITY. The state or condition of a mother.

2. It is either legitimate or natural. The former is the condition of = the=20 mother who has given birth to legitimate children, while the latter is = the=20 condition of her who has given birth to illegitimate children. Maternity = is=20 always certain, while the paternity (q. v.) is only presumed.

MATERTERA. Maternal aunt; the sister of one's mother. Inst. 3, = 4, 3;=20 Dig. 38, 10, 10, 14.

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

MATRICULA, civil law. A register in which are inscribed the = names of=20 persons who become members of an association or society. Dig. 50, 3, 1. = In the=20 ancient church there was matricula clericorum, which was a catalogue of = the=20 officiating clergy; and matricula pauperum, a list of the poor to be = relieved;=20 hence to be entered in the university is to be matriculated.

MATRIMONIAL CAUSES. In the English ecclesiastical courts there = are=20 five kinds of causes which are classed under this head. 1. Causes for a=20 malicious jactitation. 2. Suits for nullity of marriage, on account of = fraud,=20 incest, or other bar to the marriage. 2 Hagg. Cons. Rep. 423. 3. Suits = for=20 restitution of conjugal rights. 4. Suits for divorces on account of = cruelty or=20 adultery, or causes which have arisen since the marriage. 5. Suits for=20 alimony.

MATRIMONIUM. By this word is understood the inheritance = descending to=20 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=20 called because this conjunction was made with the design that the wife = should=20 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=20 to exclude the next heir, and a supposititious birth is expected, then, = upon the=20 writ de ventre inspiciendo, a jury of women is to be, impanneled to try = the=20 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=20 matrons is impanneled to try whether she be or be not with child. 4 Bl. = Com.=20 395. See Pregnancy; Quick with child.

MATTER. Some substantial or essential thing, opposed to form;=20 facts.

MATTER IN PAYS. Literally, matter in the country; matter of = fact, as=20 distinguished from matter of law, or matter of record. Steph. Pl. 197. = Vide=20 Country.

MATTER IN DEED. Matter in deed is such matter as may be proved = or=20 established by a deed or specialty. In another sense it signifies matter = of=20 fact, in contradistinction to matter of law. Co. Litt. 320; Steph. Pl. = 197.

MATTER OF FACT, pleading. Matter which goes in denial of a=20 declaration, and Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; = Hob.=20 127.

MATTER OF LAW, pleading. That which goes in avoidance of a = declaration=20 or other pleading, on the ground that the law does not authorize them. = It does=20 not deny the matter or fact contained in such pleading, but admitting = them=20 avoids them. Bac. Ab. Pleas, &c. G 3. Matter of law, is that which = is=20 referred to the decision of the court; matter of fact that which is = submitted to=20 the jury.

MATTER OF RECORD. Those facts which may be proved by the = production of=20 a record. It differs from matter in deed, which consists of facts which = may be=20 proved by specialty. Vide Estoppel.

MATTER, IMPERTINENT, Equity pleading. That which is altogether = irrelevant to the case, that does not appertain or belong to it; id est, = qui ad=20 rem non pertinet. 4 Bouv. Inst. n. 4163 . See Impertinent.

MATTER, SCANDALOUS, equity pleading. A false and malicious = statement=20 of facts, not relevant to the cause. But nothing which is positively = relevant,=20 however harsh or gross the charge may be, can be considered scandalous. = 4 Bouv.=20 Inst. n. 4163.

2. A bill cannot by the general practice, be referred for = impertinence after=20 the defendant has answered, or submitted to answer, but it may be = referred for=20 scandal at any time, and even upon the application of a stranger to the = suit,=20 for he has the right to prevent the records of the court from being made = the=20 vehicle of spreading slanders against himself. Id. n. 41f 64.

MATURITY. The time when a bill or note becomes due. In order = to bind=20 the endorsers such note or bill must be protested, when not paid, on the = last=20 day of grace. See Days of grace.

MAXIM. An established principle or proposition. A principle of = law=20 universally admitted, as being just and consonant With reason.

2. Maxims in law are somewhat like axioms in geometry. 1 Bl. Com. 68. = They=20 are principles and authorities, and part of the general customs or = common law of=20 the land; and are of the same strength as acts of parliament, when the = judges=20 have determined what is a maxim; which belongs to the judges and not the = jury.=20 Terms do Ley; Doct. & Stud. Dial. 1, c. 8. Maxims of the law are = holden for=20 law, and all other cases that may be applied to them shall be taken for = granted.=20 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=20 the only difficulty. The true method of making the application is to = ascertain=20 bow the maxim arose, and to consider whether the case to which it is = applied is=20 of the same character, or whether it is an exception to an apparently = general=20 rule.

4. The alterations of any of the maxims of the common law are = dangerous. 2=20 Inst. 210. The following are some of the more important maxims.

A communi observantia non est recedendum. There should be no = departure from=20 common observance or usage. Co. Litt. 186.

A l'impossible nul n'est tenu. No one is bound to do what is = impossible. 1=20 Bouv. Inst. n. 601.

A verbis legis non est recedendum. From the words of the law there = must be no=20 departure. Broom's Max. 268; 5 Rep. 119; Wing. Max. 25.

Absentia ejus qui reipublicae causa abest, neque ei, neque alii = damnosa esse=20 debet. The absence of him who is employed in the service of the state, = ought not=20 to be burdensome to him nor to others. Dig. 50, 17, 140.

Absoluta sentetia expositore non indiget. An absolute unqualified = sentence or=20 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=20 of his principal. 3 Co. Inst. 349.

Accessorium non ducit sed sequitur suum principale. The accessory = does not=20 lead, but follow its principal. Co. Ltt 152.

Accusare nemo debet se, nisi coram Deo. No one ought to accuse = himself,=20 unless before God. Hard. 139.

Actio exteriora indicant interiora secreta. External actions show = internal=20 secrets. 8 Co. R. 146.

Actio non datur non damnificato. An action is not given to him who = has=20 received no damages.

Actio personalis moritur cum persona. A personal action dies with the = person.=20 This must be understood of an action for a tort only.

Actor qui contra regulam quid adduxit, non est audiendus. He ought = not to be=20 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=20 dispute.

Actore non probante reus absolvitur. When the plaintiff does not = prove his=20 case, the defendant is absolved.

Actus Dei nemini facit injuriam. The act of God does no injury; that = is, no=20 one is responsible for inevitable accidents. 2 Blacks. Com. 122. See Act = of=20 God.

Actus incaeptus cujus perfectio pendet, ex voluntate partium, = revocari=20 potest; si autem pendet ex voluntate tertia personae, vel ex = contingenti,=20 revocari non potest. An act already begun, the completion of which = depends upon=20 the will of the parties, may be recalled; but if it depend on the = consent of a=20 third person, or of a contingency, it cannot be recalled. Bacon's Max. = Reg.=20 20.

Actus me invito factus, non est meus actus. An act done by me against = my=20 will, is not my act.

Actus non reum facit, nisi mens sit rea. An act does not make a = person=20 guilty, unless the intention be also guilty. This maxim applies only to = criminal=20 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=20 no qualification. Hob. 153.

Actus legis nemini facit injuriam, The act of the law does no one an = injury.=20 5 Co. 116.

Ad proximum antecedens fiat relatio, nisi impediatur sententia. The=20 antecedent bears relation to what follows next, unless it destroys the = meaning=20 of the sentence.

Ad quaestiones facti non respondent judices; ad quaestione legis non=20 respondent juratores. The judges do not answer to questions of fact; the = jury do=20 not answer to questions of law. Cu. Litt. 295.

Aestimatio praeteriti delicti ex postremo facto nunquam crescit. The=20 estimation of a crime committed never increased from a subsequent fact. = Bac.=20 Max. Reg. 8.

Ambiguitas verborum latens verificatione suppletur; nam quod exfacto = oritur=20 ambiguum verificatione facti tollitur. A hidden ambiguity of the words = is=20 supplied by the verification, for whatever ambiguity arises concerning = the deed=20 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=20 soil or land carries the water.

Aqua curit et debet currere. Water runs and ought to run. 3 Rawle, = 84,=20 88.

Aequitas agit in personam. Equity acts upon the person. 4 Bouv. Inst. = n.=20 3733.

Aequilas sequitier legem. Equity follows the law. 1 Story, Eq. Jur. = =A764.; 3=20 Wooddes. Lect. 479, 482.

Aequum et bonum, est lex legum. What is good and equal, is the law of = laws.=20 Hob. 224.

Affirmati, non neganti incumbit probatio. The proof lies upon him who = affirms, not on him who denies.

Aliud est celare, aliud tacere. To conceal is one thing, to be silent = another.

Alternatica petitio non est audienda. An alternate petition is not to = be=20 heard. 5 Co. 40.

Animus ad se omne jus ducit. It isto the intention that all law = applies.

Animus moninis est anima scripti. The intention of the party is the = soul of=20 the instrument. 3 Bulstr. 67.

Apices juris non sunt jura. Points of law are not laws. Co. Litt. = 304; 3=20 Scott, N. P. R. 773.

Arbitrium est judicium. An award is a judgment. Jenk Cent. 137.

Argumentum =DD majori ad minus negative non valet; valet =E4 = converso. An=20 argument from the greater to the less is of no force negatively; = conversely it=20 is. Jenk. Cent. 281.

Argumentum =DD divisione est fortissimum in jure. An argument arising = from a=20 division is most powerful in law. 6 Co. 60.

Argumentum ab inconvenienti est validum in lege; quia lex non = permittit=20 aliquod inconveniens. An argument drawn from what is inconvenient is = good in=20 law, because the law will not permit any inconvenience. Co. Litt. = 258.

Argumentum ab impossibili plurmum valet in lege. An argument deduced = from=20 authority great avails in law. Co. Litt. 92.

Argumentum ab authoritate est fortissimum in lege. An argument drawn = from=20 authority is the strongest in law. Co. Litt. 254.

Argumentum =DD simili valet in lege. An argument drawn from a similar = case, or=20 analogy, avails in law. Co. Litt. 191.

Augupia verforum sunt judice indigna. A twisting of language is = unworthy of a=20 judge. Hob. 343.

Bona fides non patitur, ut bis idem exigatur. Natural equity or good = faith do=20 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=20 enlarge his jurisdiction; that, his remedial authority. Chan. Prec. 329; = 1 Wils=20 284; 9 M. & Wels. 818.

Boni judicis est causas litium derimere. It is the duty of a good = judge to=20 remove the cause of litigation. 2 Co. Inst. 304.

Bonum defendentis ex integr=DD caus=DD, malum ex quolibet defectu. = The good of a=20 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=20 praefert. A good judge decides according to justice and right, and = prefers=20 equity to strict law. Co. Litt. 24.

Bonum necessarium extra terminos necessitatis non est bonum. = Necessary good=20 is not good beyond the bounds of necessity. Hob. 144.

Casus fortuitus non est sperandus, et nemo tenetur devinare. A = fortuitous=20 event is not to be foreseen, and no person is held bound to divine it. 4 = Co.=20 66.

Casus omissus et oblivione datus dispositioni communis juris = relinquitur. A=20 case omitted and given to oblivion is left to the disposal of the common = law. 5=20 Co. 37.

Catalla just=E4 possessa amitti non possunt. Chattels justly = possessed cannot=20 be lost. Jenk. Cent. 28.

Catalla repuntantur inter minima in lege. Chattels are considered in = law=20 among the minor things. Jenk Cent. 52.

Causa proxima, non remota spectatur. The immediate, and not the = remote cause,=20 is to be considered. Bac. Max. Reg. 1.

Caveat emptor. Let the purchaser beware.

Cavendum est =D6 fragmentis. Beware of fragments. Bacon, Aph. 26.

Cessante causa, cessat effectus. The cause ceasing, the effect must=20 cease.

C'est le crime qui fait la honte, et non pas l'echafaud. It is the = crime=20 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=20 not valid. Co. Litt. 36.

Chirographum apud debitorem repertum praesumitur solutum. A deed or = bond=20 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=20 induce a suspicion. 3 Co. 81.

Clausula quae abrogationem excludit ab initio non valet. A clause in = a law=20 which precludes its abrogation, is invalid from the beginning. Bacon's = Max. Reg.=20 19, p. 89.

Clausula vel dispositio inutilis per praesumptionem remotam vel = causam, ex=20 post facto non fulcitur. A useless clause or disposition is not = supported by a=20 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=20 crime.

Commodum ex injuri=C9 su=C9 non habere debet. No man ought to derive = any benefit=20 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=20 usage, and then it would be wrong to depart from it. The converse of = this maxim=20 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=20 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=20 beforethe right accrues to him. 10 Co. 48.

Confirmatio est nulla, ubi donum praecedens est invalidum. A = confirmation is=20 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=20 woman is of the law of nature.

Consensus non concubitus facit nuptiam. Consent, not lying together,=20 constitutes marriage.

Consensus facit legem. Consent makes the law. A contract is a law = between the=20 parties, which can acquire force only by consent.

Consensus tollit errorem. Consent removes or obviates a mistake. Co. = Litt.=20 126.

Consentientes et agentes pari poen=C9 plectentur. Those consenting = and those=20 perpetrating are embraced in the same punishment. 5 Co. 80.

Consequentiae non est consequentia. A consequence ought not to be = drawn from=20 another consequence. Bacon, De Aug. Sci. Aph. 16.

Consilii, non fraudulenti, nulla est obligatio. Advice, unless = fraudulent,=20 does not create an obligation.

Constructio contra rationem introducta, potius usurpatio quam = consuetudo=20 appellari debet. A custom introduced against reason ought rather to be = called an=20 usurpation than a custom. Co. Litt. 113.

Construction legis non facit injuriam. The construction of law works = not an=20 injury. Co. Litt. 183; Broom's Max. 259.

Consuetudo debet esse certa. A custom ought to be certain. Dav. = 33.

Consuetudo est optimus interpres legum. Custome is the best expounder = of the=20 law. 2 Co. Inst. 18; Dig. 1, 3, 37; Jenk. Cent. 273.

Consuetudo est altera lex. Custom is another law. 4 Co. 21.

Consuetudo loci observanda est. The custom of the place is to be = observed. 6=20 Co. 67.

Consuetudo praescripta et legitima vincit legem. A prescriptive and=20 legitimate custom overcomes the law. Co. Litt. 113.

Consuetudo semel reprobata non potest amplius induci. Custom once = disallowed=20 cannot again be produced. Dav. 33.

Consuetudo voluntis ducit, lex nolentes trahit. Custom leads the = willing,=20 law, law compels or draws the unwilling. Jenk. Cent. 274.

Contestio litis eget terminos contradictaris. An issue requires terms = of=20 contradiction; that is, there can be no issue without an affirmative on = one side=20 and a negative on the other.

Contemporanea expositio est optima et fortissima in lege. A = contemporaneous=20 exposition is the best and most powerful in the law. 2 Co. Inst. 11.

Contr=D6 negantem principia non est disputandum. There is no = disputing against=20 or denying principles. Co. Litt. 43.

Contr=D6 non volentem agere nulla currit praescriptio. No = prescription runs=20 against a person unable to act. Broom's Max. 398.

Contr=D6 veritatem lex numquam aliquid permittit. The law never = suffers=20 anything contrary to truth. 2 Co. Inst. 252. But sometimes it allows a=20 conclusive presumption in opposition to truth. See 3 Bouv. Inst. n. = 3061.

Contractus legem ex conventione accipiunt. The agreement of the = parties makes=20 the law of hte contract. Dig. 16, 3, 1, 6.

Contractus ex turpi caus=C9, vel contr=D6 bonos mores nullus est. A = contract=20 founded on a base and unlawful consideration, or against good morals, is = null.=20 Hob. 167; Dig. 2, 14, 27, 4.

Conventio vincit legem. The agreement of the parties overcomes or = prevails=20 against the law. Story, Ag. =A7 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.=20 in Reg. 3.

Corporalis injuria non recipit aestimationem de futuro. A personal = injury=20 does no receive satisfaction from a future course of proceding. Bacon's = Max. in=20 Reg. 6.

Cuilibet in arte sua herito credendum est. Every one should be = believed=20 skilful in how own art. Co. Litt. 125. Vide Experts; Opinion.

Cujus est commodum ejus debet esse incommodum. He who receives the = benefit=20 should also bear the disadvantage.

Cujus est dare ejus est disponere. He who has a right to give, has = the right=20 to dispose of the gift.

Cujus per errorem dati repetitio est, ejus consult=EF dati donatio = est. Whoever=20 pays by mistake what he does not owe, may recover it back; but he who = pays,=20 knowing he owes nothing; is presumed to give.

Cujus est solum, ejus est usque ad caelum. He who owns the soil, owns = up to=20 the sky. Co. Litt. 4 a; Broom's Max. 172; Shep. To. 90; 2 Bouv. Inst. n. = 15,=20 70.

Cujus est divisio alterius est electio. Which ever of two parties has = the=20 division, the other has the choice. Co. Litt. 166.

Cujusque rei potissima pars principium est. The principal part of = everything=20 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=20 what does not belong to or does not concern you. Dig. 50, 17, 36.

Culpa paena par esto. Let the punishment be proportioned to the = crime.

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

Cui pater est populus non habet ille patrem. He to whom the people is = father,=20 has not a father. Co. Litt. 123.

Cum confitente sponte mitius est agendum. One making a voluntary = confession,=20 is to be dealt with more mercifully. 4 Co. Inst. 66.

Cum duo inter se pugnantia reperiuntur in testamento ultimum ratum = est. When=20 two things repugnant to each other are found in a will, the last is to = be=20 confirmed. Co. Litt. 112.

Cum legitimae nuptiae factae sunt, patrem liberi sequuntur. Children = born=20 under a legitimate marriage follow the condition of the father.

Cum adsunt testimonia rerum quid opus est verbis. When the proofs of = facts=20 are present, what need is there of words. 2 Buls. 53.

Curiosa et captiosa intepretatio in lege reprobatur. A curious and = captious=20 interpretation in the law is to be reproved. 1 Buls. 6.

Currit tempus contra desides et sui juris contemptores. Time runs = against the=20 slothful and those who neglect their rights.

Cursus curiae est lex curiae. The practice of the court is the law of = the=20 court. 3 Buls. 53.

De fide et officio judicis non recipitur quaestio; sed de scientia, = sive=20 error sit juris sive facti. Of the credit and duty of a judge, no = question can=20 arise; but it is otherwise respecting his knowledge, whether he be = mistaken as=20 to the law or fact. Bacon's max. Reg. 17.

De jure judices, de facto juratores, respondent. The judges answer to = the=20 law, the jury to the facts.

De minimis non curat lex. The law does not notice or care for = trifling=20 matters. Broom's Max. 333; Hob. 88; 5 Hill, N.Y. Rep. 170.

De morte hominis nulla est cunctatio longa. When the death of a human = being=20 may be the consequence, no delay is long. Col Litt. 134. When the = question is on=20 the life or death of a man, no delay is too long to admit of inquiring = into=20 facts.

De non apparentibus et non existntibus eadem est ratio. The reason is = the=20 same respecting things which do not appear, and those which do not = exist.

De similibus ad similia eadem ratione procedendum est. From similars = to=20 similars, we are to proceed by the same rule.

De similibus idem est judicium. Concerning similars the judgment is = the same.=20 7 Co. 18.

Debet esse finis litium. There ought to be an end of law suits. Jenk. = Cent.=20 61.

Debet qui juri subjacere ubi delinquit. Every one ought to be subject = to the=20 law of the place where he offends. 3 Co. Inst. 34.

Debile fundamentum, fallit opus. Where there is a weak foundation, = the work=20 falls. 2 Bouv. Inst. n. 2068.

Debita sequuntur personam debitoris. Debts follow the person of the. = debtor.=20 Story, Confl. of Laws, =A7362.

Debitor non praesumitur donare. A debtor is not presumed to make a = gift. See=20 1 Kames' Eq. 212; Dig. 50, 16, 108.

Debitum et contractus non sunt nullius loci. Debt and contract are of = no=20 particular place.

Delegata potestas non potest delegari. A delegated authority cannot = be again=20 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=20 Bouv. Inst. n. 1936; Story, Ag. =A733.

Derativa potestas non potest esse major primitiva. The power which is = derived=20 cannot be greater than that from which it is derived.

Derogatur legi, cum pars detrahitur; abrogatur legi, cum prorsus = tollitur. To=20 derogate from a law is to enact something contrary to it; to abrogate a = law, is=20 to abolish it entirely. Dig. 50, 16, 102. See 1 Bouv. Inst. n. 91.

Designatio unius est exclusio alterius, et expressum facit cessare = tacitum.=20 The appointment or designation of one is the exclusion of another; and = that=20 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=20 a; 21 Saund. 291. See Sunday.

Dies inceptus pro completo habetur. The day of undertaking or = commencement of=20 the business is held as complete.

Dies incertus pro conditione habetur. A day uncertain is held as a=20 condition.

Dilationes in lege sunt odiosae. Delays in law are odious.

Disparata non debent jungi. Unequal things ought not to be joined. = Jenk.=20 Cent. 24. ,

Dispensatio est vulnus, quod vulnerat jus commune. A dispensation is = a wound=20 which wounds a common right. Dav. 69.

Dissimilum dissimiles est ratio. Of disimilars the rule is = dissimilar. Co.=20 Litt. 191.

Divinatio non interpretatio est, quae omnino recedit a litera. It is = a guess=20 not interpretation which altogether departs from the letter. Bacon's = Max. in=20 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=20 prejudice the successor.

Dolus circuitu non purgator. Fraud is not purged by circity. Bacon's = Max. in=20 Reg. 1.

Domus sua cuique est tutissimum refugium. Every man's house is his = castle. 5=20 Rep. 92.

Domus tutissimum cuique refugium atque receptaculum. The habitation = of each=20 one is an inviolable asylum for him. Dig. 2, 4, 18.

Donatio perficitur possesione accipientis. A gift is rendered = complete by the=20 possession of the receiver. See 1 Bouv. Innt. n. 712; 2 John. 52; 2 = Leigh,=20 337.

Donatio non praesumitur. A gift is not presumed.

Donatur nunquam desinit possidere antequam donatarius incipiat = possidere. He=20 that gives never ceases to possess until he that receives begins to = possess.=20 Dyer, 281.

Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes = sleep, but=20 neyer die. 2 Co. Inst. 161.

Dos de dote peti non debet, Dower ought not to be sought from dower. = 4 Co.=20 122.

Duas uxores eodem tempore habere non potest. It is not lawful to have = two=20 wives at one time. Inst. 1, 10, 6.

Duo non possunt in solido unam rem possidere. Two cannot possess one = thing=20 each in entirety. Co. Litt. 368.

Duplicationem possibilitatis lex non patitur. It is not allowed to = double a=20 possibility. 1 Roll. R. 321.

Ea est accipienda interpretation, qui vitio curet. That = interpretation is to=20 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=20 upon him who affirms, not he who denies. Dig. 22, 3, 2; Tait on Ev. 1; 1 = Phil.=20 Ev. 194; 1 Greenl. Ev. =A774; 3 Louis. R. 83; 2 Dan. Pr. 408; 4 Bouv = Inst. n.=20 4411.

Ei nihil turpe, cui nihil satis. To whom nothing is base, nothing is=20 sufficient. 4 Co. Inst. 53.

Ejus est non nolle, qui potest velle. He who may consent tacitly, may = consent=20 expressly. Dig. 50, 17, 8.

Ejus est periculum cujus est dominium aut commodum. He who has the = risk has=20 the dominion or advantage.

Elect=D6 un=C9 vi=C9, non datur recursus ad alteram. When there is = concurrence of=20 means, he who has chosen one cannot have recourse to another. 10 Toull. = n.=20 170.

Electio semel facta, et placitum testatum, non patitur regressum. = Election=20 once made, and plea witnessed, suffers not a recall. Co. Litt. 146.

Electiones fiant rite et libere sine interruptione aliqua. Elections = should=20 be made in due form andfreely, without any interruption. 2 Co. Inst. = 169.

Enumeratio infirmat regulam in casibus non enumeratis. Enumeration = affirms=20 the rule in cases not enumerated. Bac. Aph. 17.

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

Equity suffers not a right without a remedy. 4 Bouv. Inst. n. = 3726.

Equity looks upon that as done, which ought to be done. 4 Bouv. Inst. = n.=20 3729; 1 Fonbl. Eq. b. 1, ch. 6, s. 9, note; 3 Wheat. 563.

Error fucatus nud=C9 veritate in multis est probabilior; et = saepenumero=20 rationibus vincit veritatem error. Error artfully colored is in many = things more=20 probable than naked truth; and frequently error conquers truth and = reasoning. 2=20 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.=20 Doct. & Stud. c. 70.

Error scribentis nocere non debet. An error made by a clerk ought not = to=20 injure; a clerical error may be corrected.

Errores ad sua principia referre, est refellere. To refer errors to = their=20 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=20 extend the jurisdiction.

Ex antecedentibus et consequentibus fit optima interpretatio. The = best=20 interpration is made from antecedents and consequents. 2 Co. Inst. = 317.

Ex diuturnitate temporis, amnia praesumuntur solemniter esse acta. = From=20 length of time, all things are presumed to have been done in due form. = Co. Litt.=20 6; 1 Greenl. Ev. =A720.

Ex dolo malo non oritur action. Out of fraud no action arises. = Cowper, 343;=20 Broom's Max. 349.

Ex facto jus oritur. Law arises out of fact; that is, its application = must be=20 to facts.

Ex malificio non oritur contractus. A contract cannot arise out of an = act=20 radically wrong and illegal. Broom's Max. 851.

Ex multitudine signorum, colligitur identitas vera. From the great = number of=20 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=20 without a consideration. See Nudum Pactum.

Ex tota materia emergat resolutio. The construction or resolution = should=20 arise out of the whole subject matter.

Ex turpi causa non oritur action. No action arises out of an immoral=20 consideration.

Ex turpi contractu non oritur actio. No action arises on an immoral=20 contract.

Ex uno disces omnes. From one thing you can discern all.

Excusat aut extenuat delictum in capitalibus, quod non operatur idem = in=20 civilibus. A wrong in capital cases is excused or palliated which would = not be=20 so in civil matters. Bacon's Max. Reg. 7.

Exceptio ejus rei cujus petitiur dissolutio nulla est. There can be = no plea=20 of that thing of which the dissolution is sought. Jenk. Cent. 37.

Exceptio falsi omnium ultima. A false plea is the basest of all = things.

Exceptio firmat regulam in contrarium. The exception affirms the rule = in=20 contrary cases. Bac. Aph. 17.

Exceptio firmat regulam in casibus non exceptis. The exception = affirms the=20 rule in cases not excepted. Bac. Aph. 17.

Exceptio nulla est versus actionem quae exceptionem perimit. There = can be no=20 plea against an action which entirely destroys the plea. Jenk. Cent. = 106.

Exceptio probat regulam de rebus non exceptio. An exception proves = the rule=20 concerning things not excepted. 11 Co. 41.

Exceptio quoque regulam declarat. The exception also declares the = rule. Bac.=20 Aph. 17.

Exceptio semper ultima ponenda est. An exception is always to be put = last. 9=20 Co. 53.

Executio est finis et fructus legis. An execution is the end and the = first=20 fruit ofthe law. Co. Litt. 259.

Executio juris non habet injuriam. The execution of the law causes no = injury.=20 2 Co. Inst. 482; Broom's Max. 57.

Exempla illustrant non restringunt legem. Examples illustrate and do = not=20 restrict the law. Co. Litt. 24.

Expedit reipublicae ut sit finis litium. It is for the public good = that there=20 be an end of litigation. Co. Litt. 303.

Expressa nocent, non expressa non nocent. Things expressed may be=20 prejudicial; things not expressed are not. See Dig. 50, 17, 195.

Expressio eorum quae tacite insunt nihil operatur. The expression of = those=20 things which are tacitly implied operates nothing.

Expressio unius est exclusio alterius. The expression of one thing is = the=20 exclusion of another.

Expressum facit cessare tacitum. What is expressed renders what is = implied=20 silent.

Extra legem positus est civiliter mortuus. One out of the pale of the = law,=20 (an outlaw,) is civilly dead.

Extra territorium jus dicenti non paretur impune. One who exercises=20 jurisdiction out of his territory is not obeyed with impunity.

Facta sunt potentiora verbis. Facts are more powerful than words.

Factum =D6 judice quod ad ujus officium non spectat, non ratum est. = An act of a=20 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=20 not hold out or persevere. 5 Co. 96.

Factum unius alteri nocere non debet. The deed of one should not hurt = the=20 other. Co. Litt. 152.

Facultas probationum non est angustanda. The faculty or right of = offering=20 proof is not to be narrowed. 4 Co. Inst. 279.

Falsa demonstratio non nocet. A false or mistaken description does = not=20 vitiate. 6T. R. 676; see 2 Story's Rep. 291; 1 Greenl. Ev. =A7 301.

Falsa ortho graphia, sive falsa grammatica, non vitiat concessionem. = False=20 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=20 Sumn. 356.

Fiat justitia ruat caelum. Let justice be done, though the heavens = hsould=20 fall.

Felonia implicatur in quolibet proditione. Felony is included = orimplied in=20 every treason. 3 Co. Inst. 15.

Festinatio justitiae est noverca infortunii. The hurrying of justice = is the=20 stepmother of misfortune. Hob. 97.

Fiat prout, fieri consuerit, nil temere novandum. Let it be done as = formerly,=20 let nothing be done rashly. Jenk. Cent. 116.

Fictio est contra veritatem, sed pro veritate habetur. Fiction is = aginst the=20 truth, but it is to have truth.

Finis rei attendendus est. The end of a thing is to be attended to. 3 = Co.=20 Inst. 51.

Finis finem litibus imponit. The end puts an end to litigation. 3 = Inst.=20 78.

Finis unius diei est principium alterius. The end of one day is the = beginning=20 of another. 2 Buls. 305.

Firmior et potentior est operatio legis quam dispositio hominis. The=20 disposition of law is firmer and more powerful than the will of man. Co. = Litt.=20 102.

Flumina et protus publica sunt, ideoque jus piscandi omnibus commune = est.=20 Rivers and ports are public, therefore the right of fishing there is = common to=20 all.

Faemina ab omnibus officiis civilibus vel publicis remotae sunt. = Women are=20 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=20 nullity of the act is inferred. 12 Co. 7.

Forstellarius est pauperum depressor, et totius communitatis et = patriae=20 publicus inimicus. A forestaller is an oppressor of the poor, and a = public enemy=20 to the whole community and the country. 3 Co. Inst. 196.

Fortior est custodia legis quam hominis. The custody of the law is = stronger=20 than that of man. 2 Roll. R. 325.

Fortior et potentior est dispositio legis quam hominis. The = disposition of=20 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.=20 Cro. Car. 550.

Fraus et dolus nemini patrocianari debent. Fraud and deceit should = excuse no=20 man. 3 Co. 78.

Fraus et jus numquam cohabitant. Fraud and justice never agree = together.=20 Wing. 680.

Fraus latet in generalibus. Fraud lies hid in general = expressions.

Fraus meretur fraudem. Fraud deserves fraud. Plow. 100. This is very = doubtful=20 morality.

Fructus pendentes pars fundi videntur. Hanging fruits make part of = the land.=20 Dig. 6, 1, 44; 2 Bouv. Inst. n. 1578. See Larceny.

Fructus perceptos villae non esse constat. Gathered fruits do not = make a part=20 of the house. Dig. 19, 1, 17, 1; 2 Bouv. Inst. n. 1578.

Frustr=D6 est potentia quae numcquam venit in actum. The power which = never=20 comes to be exercised is vain. 2 Co. 51.

Frustr=D6 feruntur legis nisi subditis et obedientibus. Laws are made = to no=20 purpose unless for those who are subject and obedient. 7 Co. 13.

Frustr=D6 legis auxilium quaerit qui in legem committit. Vainly does = he who=20 offends against the law, seek the help of the law.

Frustr=D6 petis quoa statim alteri reddere cogeris. Vainly you ask = that which=20 you will immediately be compelled to restore to another. Jenk. Cent. = 256.

Frustr=D6 probatur quod probatum non relevat. It is vain to prove = that which if=20 proved would not aid the matter in question.

Furiosus absentis loco est. The insane is compared to the absent. = Dig. 50,=20 17, 24, 1.

Furiosus solo furore punitur. A madman is punished by his madness = alone. Co.=20 Litt. 247.

Furtum non est ubi initium habet detentionis per dominum rei. It is = not theft=20 where the commencement of the detention arises through the owner of the = thing. 3=20 Co. Inst. 107.

Generale tantum valet in generalibus, quanium singulare singulis. = What is=20 general prevails or is worth as much among things general, as what is = particular=20 among things particular. 11 Co. 59.

Generale dictum generaliter est interpretandum. A general expression = is to be=20 construed generally. 8 co. 116.

Generale nihil certum implicat. A general expression implies nothing = certain.=20 2 Co. 34.

Generalia sunt praeponenda singularibus. General things are to be put = before=20 particular things.

Generalia verba sunt generaliter intelligenda. General words are = understood=20 in a general sense. 3 Co. Inst. 76.

Generalis clausula non porrigitur ad ea quae antea specialiter sunt=20 comprehensa. A general clause does not extend to those things which are=20 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=20 one of nature.

Haeres est aut jure proprietatis aut jure representationis. An heir = is either=20 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,=20 and a son is a part of the father.

Haeres est eadem persona cum antecessore. The heir is the same person = with=20 the ancestor. Co. Litt. 22.

Haeres haeredis mei est meus haeres. The heir of my heir is my = heir.

Haeres legitimus est quem nuptiae demonstrant. He is the lawful heir = whom the=20 marriage demonstrates.

He who has committed iniquity, shall not have equity. Francis' Max., = Max. 2.=20

He who will have equity done to him, must do equity to the same = person. 4=20 Bouv. Inst. n. 3723.

Hominum caus=D6 jus constitutum est. Law is established for the = benefit of=20 man.

Id quod nostrum est, sine facto nostro ad alium transferi non potest. = What=20 belongs to us cannot be transferred to another without our consent. Dig. = 50, 17,=20 11. But this must be understood with this qualification, that the = government may=20 take property for public use, paying the owner its value. The title to = property=20 may also be acquired, with the consent of the owner, by a judgment of a=20 competent tribunal.

Id certum est quod certum reddi potest. That is certain which may be = rendered=20 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=20 the same matter. Jenk. Cent. 40.

Idem est facere, et nolle prohibere cum possis. It is the same thing = to do a=20 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=20 not appear and what is not is the same; it is not the defect of the law, = but the=20 want of proof.

Idem est nihil dicere et insufficienter dicere. It is the same thing = to say=20 nothing and not to say it sufficiently. 2 Co. Inst. 178.

Idem est scire aut scire debet aut potuisse. To be able to know is = the same=20 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=20 appear. Jenk. Cent. 207.

Idem semper antecedenti proximo refertur. The same is always referred = to its=20 next antecedent. Co. Litt. 385.

Identitas vera colligitur ex multitudine signorum. True identity is = collected=20 from a number of signs.

Id perfectum est quod ex omnibus suis partibus constat. That is = perfect which=20 is complete in all its parts. 9 Co. 9.

Id possumus quod de jure possumus. We may do what is allowed by law. = Lane,=20 116.

Ignorantia excusatur, non juris sed facti. Ignorance of fact may = excuse, but=20 not ignorance of law. See Ignorance.

Ignorantia legis neminem excusat. Ignorance of fact may excuse, but = not=20 ignorance of law. 4 Bouv. Inst. n. 3828.

Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of = facts=20 excuses, ignorance of law does not excuse. 1 Co. 177; 4 Bouv. Inst. n = 3828. See=20 Ignorance.

Ignorantia judicis est calamitas innocentis. The ignorance of the = judge is=20 the misforture of the innocent. 2 Co. Inst. 591.

Ignorantia terminis ignoratur et ars. An ignorance of terms is to be = ignorant=20 of the art. Co. Litt. 2.

Illud quod alias licitum non est necessitas facit licitum, et = necessitas=20 inducit privilegium quod jure privatur. That which is not otherwise = permitted,=20 necessity allows, and necessity makes a privilege which supersedes the = law. 10=20 Co. 61.

Imperitia culpae annumeratur. Ignorance, or want of skill, is = considered a=20 negligence, for which one who professes skill is responsible. Dig. 50, = 17, 132;=20 1 Bouv. Inst. n. 1004.

Impersonalitas non concludit nec ligat. Impersonality neither = concludes nor=20 binds. Co. Litt. 352.

Impotentia excusat legem. Impossibility excuses the law. Co. Litt. = 29.

Impunitas continuum affectum tribuit delinquenti. Impunity offers a = continual=20 bait to a delinquent. 4 Co. 45.

In alternativis electio est debitoris. In alternatives there is an = election=20 of the debtor.

In aedificiis lapis male positus non est removendus. A stone badly = placed in=20 a building is not to be removed. 11 Co. 69.

In aequali jure melior est conditio possidentis. When the parties = have equal=20 rights, the condition of the possessor is the better. Mitf. Eq. Pl. 215; = Jer.=20 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=20 for a loan there is inserted a clause that the borrower shall not be = answerable=20 for fraud, such clause is void. Dig. 13, 6, 17.

In conjunctivis oportet utramque partem esse veram. In conjunctives = each part=20 ought to be true. Wing. 13.

In consimili casu consilile debet esse remedium. In similar cases the = remedy=20 should be similar. Hard. 65.

In contractibus, benigna; in testamentis, benignior; in = restitutionibus,=20 benignissima interpretatio facienda est. In contracts, the = interpretation or=20 construction should be liberal; in wills, more liberal; in restitutions, = more=20 liberal. Co. Litt. 112.

In conventibus contrahensium voluntatem potius quam verba spectari = placuit.=20 In the agreements of the contracting parties, the rule is to regard the=20 intention rather than the words. Dig. 50, 16, 219.

In criminalibus, probationes bedent esse luce clariores. In criminal = cases,=20 the proofs ought to be clearer than the light. 3 Co. inst. 210.

In criminalibus sufficit generalis malitia intentionis cum facto = paris=20 gradus. In criminal cases a general intention is sufficient, when there = is an=20 act of equal or corresponding degree. Bacon's Max. Reg. 15.

In disjunctivis sufficit alteram partem esse veram. In disjunctives, = it is=20 sufficient if either part be true. Wing. 15.

In dubiis magis dignum est accipiendum. In doubtful cases the more = worthy is=20 to be taken. Branch's Prin. h.t.

In dubiis non praesumitur pro testamento. In doubtful cases there is = no=20 presumption in favor of the will. Cro. Car. 51.

In dubio haec legis constructio quam verba ostendunt. In a doubtful = case,=20 that is the construction of the law which the words indicate. Br. Pr. h. = t.

In dubio pars melior est sequenda. In doubt, the gentler course is to = be=20 followed.

In dubio, sequendum quod tutius est. In doubt, the safer course is to = be=20 adopted.

In eo quod plus sit, semper inest et minus. The less is included in = the=20 greater. 50, 17, 110.

In facto quod se habet ad bonum et malum magis de bono quam de malo = lex=20 intendit. In a deed which may be considered good or bad, the law looks = more to=20 the good than to the bad. Co. Litt. 78.

In favorabilibus magis attenditur quod prodest quam quod nocet. In = things=20 favored what does good is more regarded than what does harm. Bac. Max. = in Reg.=20 12.

In fictione juris, semper subsistit aequitas. In a fiction of law, = equity=20 always subsists. 11 Co. 51.

In judiciis minori aetati sucuritur. In judicial proceedings, infancy = is=20 aided or favored.

In judicio non creditur nisi juratis. In law none is credited unless = he is=20 sworn. All the facts must when established, by witnesses, be under oath = or=20 affirmation. Cro. Car. 64.

In jure non remota causa, sed proxima spectatur. In law the = proximate, and=20 not the remote cause, is to be looked to. Bacon's Max. REg. 1.

In majore summ=C9 continetur minor. In the greater sum is contained = the less. 5=20 Co. 115.

In maleficio ratihabitio mandato comparatur. He who ratifies a bad = action is=20 considered as having ordered it. Dig. 50, 17, 152, 2.

In mercibus illicitis non sit commercium. NO commerce should be in = illicit=20 goods. 3 Kent, Com. 262, n.

In maxim=C9 potenti=C9 minima licentia. IN the greater power is = included the=20 smaller license. Hob. 159.

In obscuris, quod minimum est, sequitur. In obscure cases, the milder = course=20 ought to be pursued. Dig. 50, 17, 9.

In odium spoliatoris omnia praesumuntur. All things are presumed in = odium of=20 a despoiler. 1 Vern. 19.

In omni re nascitur res qua ipsam rem exterminat. In everything, the = thing is=20 born which destroys the thing itself. 2 Co. Inst. 15.

In omnibus contractibus, sive nominatis sive innominatis, permutatio=20 continetur. In every contract, whether nominate or innominate, there is = implied=20 a consideration.

In omnibus quidem, maxim=E4 tamen in jure, aequitas spectanda sit. In = all=20 affairs, and principally in those which concern the administration of = justice,=20 the rules of equity ought to be followed. Dig. 50, 17, 90.

In omnibus obligationibus, in quibus dies non ponitar, praesenti die = debutur.=20 In all obligations when no time is fixed for the payment, the thing is = due=20 immediately. Dig. 50, 17, 14.

In praesentia majoris potestatis, minor potestas cessat. In the = presence of=20 the superior power, the minor power ceases. Jenk. Cent. 214.

In pari causa possessor potior haberi debet. When two parties have = equal=20 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=20 of the possessor. Dig. 50, 17, 128; Poth. Vente, n. 320; 1 Bouv. Inst. = n.=20 952.

In pari delicto melior est conditio possidentis. When the parties are = equally=20 in the wrong, the condition of the possessor is better. 11 Wheat. 258; 3 = Cranch=20 244; Cowp. 341; Broom's Max. 325; 4 Bouv. Inst. n. 3724.

In propri=C9 cuus=C9 nemo judex. No one can be judge in his own = cuase.

In quo quis delinquit, in eo de jure est puniendus. In whatever thing = on=20 offends, in that he is rightfully to be punished. Co. Litt. 233.

In repropri=C9 iniquum admodum est alicui licentiam tribuere = sententiae. It is=20 expremely unjust that any one should be judge in his own cause.

In re dubi=C9 magis inficiato quam affirmatio intelligenda. In a = doubtful=20 matter, the negative is to be understood rather than the affirmative. = Godb.=20 37.

In republic=C9 maxim=E4 conservanda sunt jura belli. In the state the = laws of=20 ware are to be greatly preserved. 2 Co. Inst. 58.

In restitutionem, non in paenam haeres succedit. The heir succeeds to = the=20 restitution not the penalty. 2 Co. Inst. 198.

In restitutionibus benignissima interpretatio facienda est. The most=20 favorable construction is made in restitutions. Co. Litt. 112.

In suo quisque negotio hebetior est quam in alieno. Every one is more = dull in=20 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,=20 113.

In traditionibus scriptorum non quod dictum est, sed quod gestum est, = inscpicitur. In the delivery of writing, not what is said, but what is = done is=20 to be considered. 9 co. 137.

Incerta pro nullius habentur. Things uncertain are held for nothing = Dav.=20 33.

Incerta quantitas vitiat acium. An uncertain quantity vitiates the = act. 1=20 Roll. R. 465.

In civile est nisi tota sententia inspectu, de aliqua parte judicare. = It is=20 improper to pass an opinion on any part of a sentence, without examining = the=20 whole. Hob. 171.

Inclusio unius est exclusio alterius. The inclusion of onoe is the = exclusion=20 of another. 11 Co. 58.

Incommodum non solvit argumentum. An inconvenience does not solve an=20 argument.

Indefinitum aequipolet universali. The undefined is equivalent tothe = whole. 1=20 Ventr. 368.

Indefinitum supplet locum universalis. The undefined supplies the = place of=20 the whole Br. Pr. h. t.

Independenter se habet assecuratio a viaggio vanis. The voyage = insured is an=20 independent or distinct thing from the voyage of the ship. 3 Kent, Com. = 318, n.=20

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,=20 (ut), introduces a manner; if, (si), a condition; because, (quia), a = cause. Dy.=20 138.

Infinitum in jure reprobatur. That which is infinite or endless is=20 reprehensible in law. 9 Co. 45.

Iniquum est alios permittere, alios inhibere mercaturam. It is = inequitable to=20 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=20 be judge in his own cause. 12 Co. 13.

Iniquum est ingenuis hominibus non esse liberam rerum suarum = alienationem. It=20 is against equity to deprive freeman of the free disposal of their own = property.=20 Co. Litt. 223. See 1 Bouv. Inst. n. 455, 460.

Injuria non praesumitur. A wrong is not presumed. Co. Litt. 232.

Injuria propria non cadet in beneficium facientis. One's own wrong = shall not=20 benefit the person doing it.

Injuria fit ei cui convicium dictum est, vel de eo factum carmen = famosum. It=20 is a slander of him who a reproachful thing is said, or concerning whom = an=20 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=20 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.=20 123.

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=20 wealth that things adjudged be not rescinded. Vide Res judicata.

Interest reipublicae quod homines conserventur. It concerns the = commonwealth=20 that we be preserved. 12 Co. 62. Interest reipublicae ut qualibet re = su=C9 bene=20 utatur. it concerns the commonwealth that every one use his property = properly. 6=20 Co. 37.

Interest reipublicae ut carceres sint in tuto. It concerns the = commonwealth=20 that prisons be secure. 2 Co. Inst. 589.

Interest reipublicae suprema hominum testamenta rata haberi. It = concerns the=20 commonwealth that men's last wills be sustained. Co. Litt. 236.

Interest reipublicae ut sit finis litium. In concerns the = commonwealth that=20 there be an end of law suits. Co. Litt. 303.

Interpretare et concordare leges legibus est optimus interpretandi = modus. To=20 interpret and reconcile laws so that they harmonize is the best mode of=20 construction. 8 Co. 169.

Interpretatio fienda est ut res magis valeat quam pereat. That = construction=20 is to be made so that the subject may have an effect rather than none. = Jenk.=20 Cent. 198.

Interpretatio talis in ambiguis semper fienda, ut evitetur = inconveniens et=20 absurdum. In ambiguous things, such a construction is to be made, that = what is=20 inconvenient and absurd is to be avoided. 4 Co. Inst. 328.

Interruptio multiplex non tollit praescriptionem semel obtentam. = Repeated=20 interruptions do not defeat a prescription once obtained. 2 Co. Inst. = 654.

Inutilis labor, et sine fructu, non est effectus legis. Useless labor = and=20 without fruit, is not the effect of law. Co. Lit. 127.

Invito beneficium non datur. No one is obligedto accept a benefit = against his=20 consent. Dig. 50, 17, 69. But if he does not siddent he will be = considered as=20 assenting. Vide Assent.

Ipsae legis cupiunt ut jure regantur. The laws themselves require = that they=20 should be governed by right. Co. Litt. 174.

Judex ante occulos aequitatem semper habere debet. A judge ought = always to=20 have equity before his eyes. Jenk. Cent. 58.

Judex aeuitatem semper spectare debet. A judge ough always to regard = equity.=20 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=20 from his own judgment, or from the dictates of his private wishes; but = he should=20 pronounce according to law and justice. 7 co. 27.

Judex debet judicare secundum allegata et probata. The judge ought to = decide=20 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 propri=C9 caus=C9 A judge cannot be = awitness in=20 his own cause. 4 Co. Inst. 279.

Judex non potest injuriam sibi datum punire. A judge cannot punish a = wrong=20 done to himself. 12 Co. 113.

Judex damnatur cum nocens absolvitur. The judge is condemned when the = guilty=20 are acquitted.

Judex non reddat plus quam quod petens ipse requireat. The judge does = demand=20 more than the plaintiff demands. 2 Inst. 286.

Judici officium suum excedenti non paretur. To a judge who exceeds = his office=20 or jurisdiction no obedience is due. Jenk. Cent. 139.

Judici satis paena est quod Deum habet ultorem. It is punishment = enough for a=20 judge that he is responsible to God. 1 Leon. 295.

Judicia in deliberationibus crebro naturescunt, in accelerato = processu=20 nunquam. Judgments frequently become matured by deliberation, never by = hurried=20 process. 3 Co. Inst. 210.

Judicia posteriora sunt in lege fortiora. The latter decisions are = stronger=20 in law. 8 Co. 97.

Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. = Judgments are,=20 as it were, the dicta or sayings of the law, and are received as truth. = 2 Co.=20 Inst. 573.

Judiciis posterioribus fides est adhibenda. Faith or credit is to be = given to=20 the last decisions. 13 Co. 14.

Judicis est in pronuntiando sequi regulam, exceptione non probat=C9. = The judge=20 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=20 according to the allegations and proofs. Dyer. 12.

Judicium =D6 non suo judice datum nullius est momenti. A judgment = given by an=20 improper judge is of no moment. 11 Co. 76.

Judicium non debet esse illusorium, suum effectum habere debet. A = judgment=20 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,=20 a judgment is given against inclination. Co. Litt. 248.

Judicium semper pro veritate accipitur. A judgment is always taken = for truth.=20 2 Co. Inst. 380.

Jura sanguinis nullo jure civili dirimi possunt. The right of blood = and=20 kindred cannot be destroyed by any civil law. Dig. 50, 17, 9; Bacon's = Max. Reg.=20 11.

Jura naturae sunt immutabilia. The laws of nature are = unchangeable.

Jura eodem modo distruuntur quo constituuntur. Laws are abrogated or = repealed=20 by the same means by which they are made.

Juramentum est indivisibile, et non est admittendum in parte verum et = in=20 parte falsam. An oath is indivisible, it cannot be in part true and in = part=20 false.

Jurato creditur in judicio. He who makes oath is to be believed in = judgment.=20

Jurare est Deum in testum vocare, et est actus divini cultus. To = swear is to=20 call God to witness, and is an act of religion. 3 Co. Inst. 165. Vide 3 = Bouv.=20 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.=20 58.

Juris effectus in executione consistit. The effect of a law consists = in the=20 execution. Co. Litt. 289.

Jus accrescendi inter mercatores locum non habet, pro beneficio = commercii.=20 The right of survivorship does not exist among merchants for the benefit = of=20 commerce. Co. Litt. 182; 1 Bouv. Inst. n. 682.

Jus accrescendi praefertur oneribus. The right of survivorship is = preferred=20 to incumbrances. Co. Litt. 185.

Jus accrescendi praefertur ultimae voluntati. The right of = survivorship is=20 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.=20 1, 1, 1, l.

Jus et fraudem numquam cohabitant. Right and fraud never go = together.

Jus ex injuria non oritur. A right cannot arise from a wrong. 4 Bing. = 639.

Jus publicum privatorum pactis mutari non potest. A public right = cannot be=20 changed by private agreement.

Jus respicit aequitatem. Law regards equity. Co. Litt. 24.

Jus superveniens auctori accressit successors. A right geowing to a = possessor=20 accrues to a successor.

Justicia est virtus excellens et Altissimo complacens. Justice is an=20 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=20 delayed. Jenk. Cent. 93.

Justitia non novit patrem nec matrem, solum veritatem spectat = justitia.=20 Justice knows neither father nor mother, justice looks to truth alone. 1 = Buls.=20 199.

La conscience est la plus changeante des regles. Conscience is the = most=20 changeable of rules.

Lata culpa dolo aequiparatur. Gross negligence is equal to fraud.

Le contrat fait la loi. The contract makes the law.

Legatos violare contra jus gentium est. It is contrary to the law of = nations=20 to violate the rights of ambassadors.

Legatum morte testatoris tantum confirmatur, sicut donatio inter = vivos=20 traditione sol=C9. A legacy is confirmed by the death of the testator, = in the same=20 manner as a gift from a living person is by delivery alone. Dyer, = 143.

Leges posteriores priores contrarias abrogant. Subsequent laws repeal = those=20 before enacted to the contrary. 2 Rol. R. 410; 11 Co. 626, 630.

Leges humanae nascuntur, vivunt et moriuntur. Human laws are born, = live and=20 die. 7 co. 25.

Leges non verbis sed regus sunt impositae. Laws, not words, are = imposed on=20 things. 10 Co. 101.

Legibus sumptis disinentibus, lege naturae utendum est. When laws = imposed by=20 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.=20 Co. Litt. 183.

Legis figendi et refigendi consuetudo periculosissima est. The custom = of=20 fixing and refixing (making and annulling) laws is most dangerous. 4 Co. = Ad.=20 Lect.

Legis interpretatio legis vim obtinet. Teh construction of law = obtains the=20 force of law.

Legislatorum est viva vox, rebus et non verbis, legem imponere. The = voice of=20 legislators is a living voice, to impose laws on things and not on = words. 10 Co.=20 101.

Legis minister non tenetur, in executione officii sui fugere aut = retrocedere.=20 The minister of the law is not bound, in the execution of his office, = neither to=20 fly nor retreat. 6 Co. 68.

Legitime imperanti parere necesse est. One who commands lawfully must = be=20 obeyed. Jenk. Cent. 120.

Les fictions naissent de la loi, et non la loi des fictions. Fictions = arise=20 from the law, and not law from fictions.

Lex aliquando sequitur aequitatem. The law sometimes follows equity. = 3 Wils.=20 119.

Lex aequitate guadet; appetit perfectum; est norma recti. The law = delights in=20 equity; it covets perfection; it is a rule of right. Jenk. Cent. 36.

Lex beneficialis rei consimili remedium praestat. A beneficial law = affords a=20 remedy in a similar case. 2 Co. Inst. 689.

Lex citius tolerare vult privatum damnum quam publicum malum. The law = would=20 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=20 judge for the past.

Lex deficere non potest in justiti=C9 exhibenda=C9. The law ought not = to fail in=20 dispensing justice. Co. Litt. 197.

Lex dilationes semper exhorret. The law always abhors delay. 2 Co. = Inst.=20 240.

Lex est ab aeterno. The law is from everlasting.

Lex est dictamen rationis. Law is the dictate of reason. Jenk. Cent. = 117.

Lex est norma recti. Law is a rule of right.

Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et = contraria=20 prohibet. Law is the perfection of reason, which commands what is useful = and=20 necessary and forbids the contrary. Co. Litt. 319.

Lex est sanctio sancta, jubens honesta, et prohibens contraria. Law = is a=20 scared sanction, commanding what is right and prohibiting the contrary. = 2 Co.=20 Inst. 587.

Lex favet doti. The law favors dower.

Lex fingit ubi subsistit aequitas. Law feigns where equity subsists. = 11 Co.=20 90.

Lex intendit vicinum vicini facta scire. The law presumes that one = neighbor=20 knows the actions of another. Co. Litt. 78.

Lex judicat de rebus necessario faciendis quasire ipsa factis. The = law judges=20 of things which must necessarily be done, as if actually done.

Lex necessitatis est lex temporis, i.e. instantis. The law of = necessity is=20 the law of time, that is, time present. Hob. 159.

Lex neminem cogit ad vana seu inutilia peragenda. Teh forces no one = to do=20 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=20 injury, or does him a wrong. jenk. Cent. 22.

Lex nil facit frustra, nil jubet frustra. The law does nothing and = commands=20 nothing in vain. 3 Buls. 279; Jenk. Cent. 17.

Lex non cogit impossibilia. The law requires nothing impossible. Co. = Litt.=20 231, 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.=20 96.

Lex non praecipit inutilia, quia inutilis labor stultus. The law = commands not=20 useles things, because useless labor is foolish. Co. Litt. 197.

Lex non deficit in justitia exibenda. The law does not fail in = showing=20 justice.

Lex non intendit aliquid impossibile. The law intends not anything=20 impossible. 12 Co. 89.

Lex non requirit verificare quod apparet curiae. The law does not = require=20 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=20 it is consonant to reason.

Lex prospicit, non respicit. The law looks forward, not backward.

Lex punit mendacium. The law punishes falsehood.

Lex rejicit superflua, pugnantia, incongrua. The law rejects = superfluous,=20 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.=20 2411.

Lexspectat naturae ordinem. The law regards the order of nature. Co. = Litt.=20 197.

Lex succurit ignoranti. The laws succor the ignorant.

Lex semper intendit quod convenit ratione. The law always intends = what is=20 agreeable to reason. Co. Litt. 78.

Lex uno ore omnes alloquitur. The law speaks to all with one mouth. 2 = Inst.=20 184.

Libertas inaestimabilis res est. Liberty is an inestimable good. Dig. = 50, 17,=20 106.

Liberum corpus aestimationem non recipit. The body of a freeman does = not=20 admit of valuation.

Licet dispositio de interesse furture sit inutilis, tamen potest = fieri=20 declaratio praecedens quae fortiatur effectum interveniente novo actu. = Although=20 the grant of a future interest be inoperative, yet a declaration = precedent may=20 be made, which may take effect, provided a new act intervene. Bacon's = Max. Reg.=20 14.

Licita bene miscentur, formula nisi juris obstet. Things permitted = should be=20 well contrived, lest the form of the law oppose. Bacon's Max. Reg. = 24.

Linea recta semper praefertur transversali. The right line is always=20 preferred to the collateral. Co. Litt. 10.

Locus contractus regit actum. The place of the contract governs the = act.

Longa possessio est pacis jus. Long possession is the law of peace. = Co. Litt.=20 6.

Longa possessio parit jus possidendi, et tollit actionem vero domino. = Long=20 possession produces the right of possession, and takes away from the = true owner=20 his action. Co. Litt. 110.

Longum tempus, et longus usus qui excedit memoria hominum, sufficit = pro jure.=20 Long time and long use, beyond the memory of man, suffices for right. = Co. Litt.=20 115.

Loquendum ut vulgus, sentiendum ut docti. We speak as the common = people, we=20 must think as the learned. 7 Co. 11.

Magister rerum usus; magistra rerum experientia. Use is the master of = things;=20 experience is the mistriss of things. Co. Litt. 69, 229.

Manga negligentia culpa est, magna culpa dolus est. Gross negligence = is a=20 fault, gross fault is a fraud. Dig 50, 16, 226.

Magna culpa dolus est. Great neglect is equivalent to fraud. Dig. 50, = 16,=20 226; 2 Spears, R. 256; 1 Bouv. Inst. n. 646.

Maihemium est inter crimina majora minimum et inter minora maximum. = Mayhem is=20 the least of great crimes, and the greatest of small. Co. Litt. 127.

Mahemium est homicidium inchoatum. Mayhem is incipient homicide. 3 = Inst.=20 118.

Major haeriditas venit unicuique nostrum =D6 jure et legibus quam =D6 = parentibus.=20 A greater inheritance comes to every one of us from right and the laws = than from=20 parents. 2 Co. Inst. 56.

Major numerus in se continet minorem. The greater number contains in = itself=20 the less.

Majore paen=C9 affectus quam legibus statuta est, non est infamis. = One affected=20 with a greater punishment than is provided by law, is not infamous. 4 = Co. Inst.=20 66.

Majori continet in se minus. The greater includes the less. 19 Vin. = Abr.=20 379.

Majus dignum trahit in se minus dignum. The more worthy or the = greater draws=20 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=20 one's self than another.

Mala grammatica non vitiat chartam; sed in expositione instrumentorum = mala=20 grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate = a deed;=20 but in the construction of instruments, bad grammar, as far as it can be = done,=20 is to be avoided. 6 Co. 39.

Maledicta est expositio quae corrumpit textum. It is a bad = construction which=20 corrupts the text. 4 Co. 35.

Maleficia non debent remanere impunita, et impunitas continuum = affectum=20 tribuit delinquenti. Evil deeds ought not to remain unpunished, for = impunity=20 affords continual excitement to the delinquent. 4 Co. 45.

Malificia propositus distinguuntur. Evil deeds are distinguished from = evil=20 purposes. Jenk. Cent. 290.

Malitia est acida, est mali animi affectus. Malice is sour, it is the = quality=20 of a bad mind. 2 Buls. 49.

Malitia supplet aetatem. Malice supplies age. Dyer, 104. See = Malice.

Malum hominun est obviandum. The malice of men is to be avoided. 4 = Co.=20 15.

Malum non praesumitur. Evil is not presumed. 4 Co. 72.

Malum quo communius eo pejus. The more common the evil, the = worse.

Malus usus est abolendus. An evil custom is to be abolished. Co. = Litt.=20 141.

Mandata licita recipiunt strictam interpretationem, sed illicita = latam et=20 extensam. lawful commands receive a strict interpretation, but unlawful, = a wode=20 or broad construction. Bacon's Max. Reg. 16.

Mandatarius terminos sobi positos transgredi non potest. A mandatory = cannot=20 exceed the bounds of his authority. Jenk. Cent. 53.

Mandatum nisi gratuitum nullum est. Unless a mandate is gratuitous it = is not=20 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.=20 40.

Maris et faeminae conjunctio est de jure naturae. The union of = husband and=20 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=20 cures preceding criminality.

Maxime ita dicta quia maxima ejus dignitas et certissima auctoritas, = atque=20 quod maxim=E4 omnibus probetur. A maxim is so called because its dignity = is=20 chiefest, and its authority most certain, and because universally = approved by=20 all. Co. Litt. 11.

Maxim=E4 paci sunt contraria, vis et injuria. The greatest enemies to = peace are=20 force and wrong. Co. Litt. 161.

Melior est justitia vere praeveniens quam severe pumens. That justice = which=20 justly prevents a crime, is better than that which severely punishes = it.

Melior est conditio possidentis et rei quam actoris. Better is the = condition=20 of the possessor and that of the defendant than that of the plaintiff. 4 = Co.=20 Inst. 180.

Melior est causa possidentis. The cause of the possessor is = preferable. Dig.=20 50, 17, 126, 2,.

Melior est conditio possidentis, ubi neuter jus habet. Better is the=20 condition of the possessor, where neither of the two has a right. Jenk. = Cent.=20 118.

Meliorem conditionem suum facere potest minor, deteriorem nequaquam. = A minor=20 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=20 wrong or ill, than to consent to it. 3 Co. Inst. 23.

Melius est recurrere quam malo currere. It is better to recede than = to=20 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=20 after a wrong has been inflicted. 2 Inst. 299.

Mens testatoris in testamentis spectanda est. In wills, the intention = of the=20 testator is to be regarded. Jenk. Cent. 277.

Mentiri est contra mentem ire. To lie is to go against the mind. 3 = Buls.=20 260.

Merx est quidquid vendi potest. Merchandise is whatever can be sold. = 3 Metc.=20 365. Vide Merchandise.

Mercis appellatio ad res mobiles tantum pertinet. The term = merchandise=20 belongs to movable things only. Dig. 50, 16, 66.

Minima paena corporalis est major qualibet pecuniari=C9. The smallest = bodily=20 punishment is greater than any pecuniary one. 2 Inst. 220.

Minim=E4 mutanda sunt quae certam habuerent interpretationem. Things = which have=20 had a certain interpretation are to be altered as little as possible. = Co. Litt.=20 365.

Minor ante tempus agere non potest in casu proprietatis, nec etiam = convenire.=20 A minor before majority cannot act in a case of property, nor even = agree. 2=20 Inst. 291.

Minor minorem custodire non debet, alios enim praesumitur male regere = qui=20 seipsum regere nuscit. A minor ought not to be fuardian of a minor, for = he is=20 unfit to govern others who does not know how to govern himself. Co. = Litt.=20 88.

Misera est servitus, ubi jus est vagum aut incertum. It is a = miserable=20 slavery where the law is vague or uncertain. 4 Co. Inst. 246.

Mitius imperanti melius paretur. The more mildly one commands the = better is=20 he obeyed. 3 Co. Inst. 24.

Mibilia personam sequuntur, immobilia situm. Movable things follow = the=20 person, immovable their locality.

Modica circumstantia facti jus mutat. The smallest circumstance may = change=20 the law.

Modus et conventio vincunt legem. Manner and agreement overrule the = law. 2=20 Co. 73.

Modus legel dat donationi. The manner gives law to a gift. Co. Litt. = 19=20 a.

Moneta est justum medium et mensura rerum commutabilium, nam per = meduim=20 monetae fit omnium rerum conveniens, et justa aestimatio. Money is the = just=20 medium and measure of all commutable things, for, by the medium of = money, a=20 convenient and just estimation of all things is made. Dav. 18. See 1 = Bouv. Inst.=20 n. 922.

Mora reprobatur in lege. Delay is disapproved of in law.

Mors dicitur ultimum supplicium. Death is denominated the extreme = penalty. 3=20 Inst. 212.

Mortuus exitus non est exitus. To be dead born is not to be born. Co. = Litt.=20 29. See 2 Paige, 35; Domat, liv. pr=C7l. t. 2, s. 1, n. 4, 6; 2 Bouv. = Inst. n.=20 1721 and 1935.

Multa conceduntur per obliquum quae non conceduntur de directo. Many = things=20 are conceded indirectly which are not allowed directly. 6 co. 47. Multa = in jure=20 communi contra rationem disputandi pro communi ultilitate introducta = sunt. Many=20 things have been introduced into the common law, with a view to the = public good,=20 whic are inconsistent with sound reason. Co. Litt. 70; Broom's Max. 67; = 2 Co. R.=20 75. See 3 T. R. 146; 7 T. R. 252.

Multa multo exercitatione facilius quam regulis percipies. You will = perceive=20 many things more easily by practice than by rules. 4 Co. Inst. 50.

Multa non vetat lex. quae tamen tacit=E4 damnavit. The law forbids = many things,=20 which yet it has silently condemned.

Multa transeunt cum universitate quae non per se transeunt. Many = things pass=20 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,=20 eo lucidiores. Multiplicity and indistinctness produce confusion; the = more=20 simple questions are the more lucid. Hob. 335.

Multiplicat=C9 transgressione crescat paenae inflictio. The increase = of=20 punishment shouldbe in proportion to the increase of crime. 2 Co. Inst. = 479.

Multitudo errantium non parit errori patrocinium. The multitude of = those who=20 err is no excuse for error. 11 Co. 75.

Multitudo imperitorum perdit curiam. A multitude of ignorant = practitioners=20 destroys a court. 2 Co. Inst. 219.

Natura appetit perfectum, ita et lex. Nature aspires to perfection, = and so=20 does the law. Hob. 144.

Natura non facit saltum, ita nec lex. nature makes no leap, nor does = the law.=20 Co. Litt. 238.

Natura no facit vacuum, nec lex supervacuum. Nature makes no vacuum, = the law=20 no supervacuum. Co. Litt. 79.

Naturae vis maxima, natura bis maxima. The force of nature is = greatest;=20 nature is doubly great. 2 Co. Inst. 564.

Necessarium est quod non potest aliter se habere. That is necessity = which=20 cannot be dispensed with.

Necessitas est lex temporis et loci. Necessity is the law of a = particular=20 time and place. 8 Co. 69; H. H. P. C. 54.

Necessitaas excusat aut extenuat delicium in capitalibus, quod non = operatur=20 idem in civilibus. Necessity excuses or extentuates delinquency in = capital=20 cases, but not in civil. Vide Necessity.

Necessitas facit licitum quod alias non est licitum. Necessity makes = that=20 lawful which otherwise is unlawful. 10 Co. 61.

Necessitas inducit privililegium quoad jura privata. Necessity gives = a=20 preference with regard to private rights. Bacon's Max. REg. 5.

Necessitas non habet legem. Necessity has no law. Plowd. 18. See = Necessity,=20 and 15 Vin. Ab. 534; 22 Vin. Ab. 540.

Necessitas publica major est quam private. Public necessity is = greater than=20 private. Bacon's Max. in REg. 5.

Necessitas quod cogit, defendit. Necessity defends what it compels. = H. H. P.=20 C. 54.

Necessitas vincit legem. Necessity overcomes the law. Hob. 144.

Negatio conclusionis est error in lege. The negative of a conclusion = is error=20 in law. Wing. 268.

Negatio destruit negationem, et ambae faciunt affirmativum. A = negative=20 destroys a negative, and both make an affirmative. Co. Litt. 146.

Negatio duplex est affirmatio. A double negative is an = affirmative.

Negligentia semper habet infortuniam comitem. Negligence has = misfortune for a=20 companion. Co. Litt. 246.

Neminem oportet esse sapientiorem legibus. No man ought to be wiser = than the=20 law. Co. Litt. 97.

Nemo admittendus est inhabilitare seipsum. No one is allowed to = incapacitate=20 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=20 no man can be a judge in his own cause.

Nemo allegans suam turpitudinem, audiendus est. No one alleging his = own=20 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=20 crime or misdemeanor. See Non bis in idem.

Nemo cogitur rem suam vendere, etiam justo pretio. No one is bound to = sell=20 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=20 Inst. 66.

Nemo damnum facit, nisi qui id fecit quod facere jus non habet. No = one is=20 considered as committing damages, unless he is doing what he has no = right to do.=20 dig. 50, 17, 151.

Nemo dat qui non habet. No one can give who does not possess. Jenk. = Cent.=20 250.

Nemo de domo sua extrahi debet. A citizen cannot be taken by force = from his=20 house to be conducted before a judge or to prison. Dig. 50, 17. This = maxim in=20 favor of Roman liberty is much the same as that "every man's house is = his=20 castle."

Nemo debet esse judex in propri=C9 caus=C9. No one should be judge in = his own=20 cause. 12 Co. 113.

Nemo debet ex alien=C9 jactur=C9 lucrari. No one ought to gain by = another's=20 loss.

Nemo debet immiscere se rei alienae ad se nihil pertinenti. No one = should=20 interfere in what no way concerns him.

Nemo debet rem suam sine facto aut defectu suo amittere. No one = should lose=20 his property without his act or negligence. Co. Litt. 263.

Nemo est haeres viventes. No one is an heir to the living. 2 Bl. Com. = 107; 1=20 Vin. Ab. 104, tit. Abeyance; Merl. R=E4p. verbo Abeyance; Co. Litt. 342; = 2 Bouv.=20 Inst. n. 1694, 1832.

Nemo ex suo delicto melioroem suam conditionem facere potest. No one = can=20 improve his condition by a crime. Dig. 50, 17, 137.

Nemo ex alterius facto praegravari debet. No man ought to be burdened = in=20 consequence of another's act.

Nemo ex consilio obligatur. No man is bound for the advice he = gives.

Nemo in propria causa testis ese debet. No one can be a witness in = his own=20 cause. But to this rule there are many exceptions.

Nemo inauditus condemnari debet, si non sit contumax. No man ought to = be=20 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.=20 No man can renounce the country in which he was born, nor abjure the = obligation=20 of his allegiance. Co. LItt. 129. Sed vide Allegiance; Expatriation;=20 Naturalization.

Nemo plus juris ad alienum transfere potest, quam ispe habent. One = cannot=20 transfer to another a right which he has not. Dig. 50, 17, 54; 10 Pet. = 161,=20 175.

Nemo praesens nisi intelligat. One is not present unless he = understands. See=20 Presence.

Nemo potest contra recordum verificare per patriam. No one can verify = by the=20 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=20 landlord of the same tenement.

Nemo potest facere per alium quod per se non potest. No one can do = that by=20 another which he cannot do by himself.

Nemo potest sibi devere. No one can owe to himself. See Confusion of=20 Rights.

Nemo praesumitur alienam posteritatem suae praetulisse. NO one is = presumed to=20 have preferred another's posterity to his own.

Nemo praesumitur donare. No one is presumed to give.

Nemo praesumitur esse immemor suae aeternae salutis, et maxim=E4 in = articulo=20 mortis. No man is presumed to be forgetful of his eternal welfare, and=20 particularly at the point of death. 6 Co. 76.

Nemo praesumitur malus. No one is presumed to be bad.

Nemo praesumitru ludere in extremis. No one is presumed to trifle at = the=20 point of death.

Nemo prohibetur plures negotiationes sive artes exercere. No one is=20 restrained from exercising several kinds of business or arts. 11 Co. = 54.

Nemo prohibetur pluribus defensionibus uti. No one is restrained from = using=20 several defences. Co. Litt. 304.

Nemo prudens punit ut praeterita revocentur, sed ut futura = praeveniantur. No=20 wise one punishes that things done may be revoked, but that future = wrongs may be=20 prevented. 3 Buls. 173.

Nemo punitur pro alieno delicto. No one is to be punished for the = crime or=20 wrong of another.

Nemo punitur sine injuri=C9, facto, seu defalto. No one is punished = unless for=20 some wrong, act or default. 2 Co. Inst. 287.

Nemo, qui condemnare potest, absolvere non potest. He who may condemn = may=20 acquit. Dig. 50, 17, 37.

Nemo tenetur seipsum accusare. No one is bound to accuse himself.

Nemo tenetur ad impossibile. No one is bound to an impossibility.

Nemo tenetur armare adversarum contra se. No one is bound to arm his=20 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=20 is bound to inform about a thing he knows not, but he who gives = information is=20 bound to know what he says. Lane, 110.

Nemo tenetur jurare in suam turpitudinem. No one is bound to testify = to his=20 own baseness.

Nemo tenetur seipsam infortunis et periculis exponere. No one is = bound to=20 expose himself to misfortune and dangers. Co. Litt. 253.

Nemo tenetur seipsum accusare. No man is bound to accuse himself.

Nemo videtur fraudare eos qui sciunt, et consentiunt. One cannot = complain of=20 having been deceived when he knew the fact and gave his consent. Dig. = 50, 17,=20 145.

Nihil dat qui non habet. He gives nothing who has nothing.

Nihil de re accrescit ei qui nihil in re quando jus accresceret = habet.=20 Nothing accrues to him, who, when the right accrues, has nothing in the = subject=20 matter. Co. Litt. 188.

Nihil facit error nominis cum de corpore constat. An error in the = name is=20 nothing when there is certainty as to the person. 11 Co. 21.

Nihil habet forum ex scen=C9. The court has nothing to do with what = is not=20 before it.

Nihil infra regnum subditos magis conservat in tranquilitate et = concordi=C9=20 quam debita legum administratio. Nothing preserves in tranquility and = concord=20 those who are subjected to the same government better than a due = administration=20 of the laws. 2 Co. Inst. 158.

Nihil in lege intolerabilius est, eandem rem diverso jure censeri. = Nothing in=20 law is more intolerable than to apply the law differently to the same = cases. 4=20 Co. 93.

Nihil magis justum est quam quod necessarium est. Nothing is more = just that=20 what is necessary. Dav. 12.

Nihil perfectum est dum aliquid restat agendum. Nothing is perfect = while=20 something remains to be done. 2 co. 9.

Nihil possumus contra veritatem. We can do nothing against truth. = Doct. &=20 Stu. Dial. 2, c. 6.

Nihil quod est contra rationem est licitum. Nothing against reason is = lawful.=20 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=20 the same moment. Co. Litt. 230.

Nihil tam naturale est, qu=C9m eo genere quidque dissolvere, quo = colligatum=20 est. It is very natural that an obligation should not be dissolved but = by the=20 same principles which were observed in contracting it. Dig. 50, 17, 35. = See 1=20 Co. 100; 2 Co. Inst. 359.

Nihil tam conveniens est naturali aequitati, qu=C9m voluntatem domini = voluntis=20 rem suam in alium transferre, ratam haberi. Nothing is more conformable = to=20 natural equity, than to confirm the will of an owner who desires to = transfer his=20 property to another. Inst. 2, 1, 40; 1 Co. 100.

Nil tamere novandum. Nothing should be rashly changed. Jenk. Cent. = 163.

Nil facit error nominis, si de corpore constat. An error in the name = is=20 immaterial, if the body is certain.

Nimia subtilitas in jure reporbatur. Too much subtlety is reprobated = in=20 law.

Nimium altercando veritas amiltitur. By too much altercation truth is = lost.=20 Hob. 344.

No man is presumed to do anything against nature. 22 Vin. Ab. = 154.

No man shall take by deed but parties, unless in remainder.

No man can hold the same land immediately of two several landlords. = Co. Litt.=20 152.

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=20 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=20 Co. 20.

Nomen non sufficit si res non sit de jure aut de facto. A name does = not=20 siffice if there be not a thing by law or by fact. 4 Co. 107.

nomina si nescis perit cognitio rerum. If you know not the names of = things,=20 the knowledge of things themselves perishes. Co. Litt. 86.

Nomina sunt notae rerum. Names are the notes of things. 11 Co. = 20.

Nomina sunt mutabilia, res autem immobiles. Names are mutable, but = things=20 immutable. 6 Co. 66.

Nomina sunt symbola rerum. Names are the symbols of things.

Non accipi debent verba in demonstrationem falsam, quae competunt in=20 limitationem veram. Words ought not to be accepted to import a false=20 demonstration which have effect by way of true limitation. Bacons' Max. = REg.=20 13.

Non alio modo puniatur aliquis, quam secundum quod se habet = condemnatio. A=20 person may not be punished differntly than according to what the = sentence=20 enjoins. 3 Co. Inst. 217.

Non concedantur citationes priusquam exprimatur super qua ne fieri = debet=20 citatio. Summonses or citations should not be granted before it is = expressed=20 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.=20 Best on Evidence, =A7385.

Non consentit qui errat. He who errs does not conosent. 1 Bouv. Inst. = n.=20 581.

Non debet, cui plus licet, quod minus est, non licere. He who is = permitted to=20 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=20 deceived. 5 co. 60.

Non definitur in jure quid sit conatus. What an attempt is, is not = defined in=20 law. 6 Co. 42.

Non differunt quae concordant re, tametsi non in verbis iisdem. Those = things=20 which agree in substance though not in the same words, do not differ. = Jenk.=20 Cent. 70.

Non effecit affectus nisi sequatur effectus. The intention amounts to = nothing=20 unless some effect follows. 1 Roll. R. 226.

Non est arctius vinculum inter homines quam jusjurandum. There is no = stronger=20 link among men than an oath. Jenk. Cent. 126.

Non est disputandum contra principia negantem. There is no disputing = against=20 a man denying principles. Co. Litt. 343.

Non est recedendum =D6 communi abservanti=C9. There is no departing = from a common=20 observance. 2 Co. 74.

Non est regula quin fallat. There is no rule but what may fail. Off. = Ex.=20 212.

Non est certandum de regulis juris. There is no disputing about rules = of=20 law.

Non faciat malum, ut inde veniat bonum. You are not to do evil that = good may=20 come of it. 11 Co. 74.

Non impedit clausula derogatoria, quo minus ab eadem potestate res=20 dissolvantur a quibus constitutuntur. A derogatory clause does not = prevent=20 things or acts from being dissolved by the same power, by which they = were=20 originally made. Bacon's Max. Reg. 19.

Non in legendo sed in intelligendo leges consistunt. The laws consist = not in=20 being read, but in being understood. 8 co. 167.

Non Licet quod dispendio licet. That which is permitted only at a = loss, is=20 not permitted to be done. Co. Litt. 127.

Non nasci, et natum mori, pari sunt. Not to be born, and to be dead = born, is=20 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=20 observed, it is inferred that the act is annulled. 12 Co. 7.

Non omne quod licet honestum est. Everything which is permitted is = not=20 becoming. Dig. 50, 17, 144.

Non omne damnum inducit injuriam. Not every loos produces an injury. = See 3=20 Bl. Com. 219; 1 Smith's Lead. Cas. 131; Broom's Max. 93; 2 Bouv. Inst. = n.=20 2211.

Non omnium quae a majoribus nostris constituta sunt ratio reddit = potest. A=20 reason cannot always be given for the institutions of our ancestors. 4 = Co.=20 78.

Non potest adduci exception ejusdem rei cujus petitur dissolutio. A = plea of=20 the same matter, the dissolution of which is sought by the action, = cannot be=20 brought forward. Bacon's Max. Reg. 2. When an action is brought to annul = a=20 proceeding, the defendant cannot plead such proceeding in bar.

Non praestat impedimentum quod de jure non sortitur effectum. A thing = which=20 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=20 what is done, is to be regarded. Co. Litt. 36.

Non refert an quis assensum suum praefert verbis, an rebus ipsis et = factis.=20 It is immaterial whether a man gives his assent by words or by acts and = deeds.=20 10 Co. 52.

Non refert quid ex aequipolentibus fiat. What may be gathered from = words of=20 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=20 not what is known to the judge, if it is not known to him judicially. 3 = Buls.=20 115.

Non refert verbis an factis fit revocatio. It matters not whether a=20 revocation be by words or by acts. Cro. Car. 49.

Non solum quid licet, sed quidest conveniens considerandum, quia = nihil quod=20 inconveniens est licitum. Not only what is permitted, but what is = proper, isto=20 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=20 nothing can be omitted. Vaugh. 138.

Non temere credere, est nervus sapientae. Not to believe rashly is = the nerve=20 of wisdom. 5 Co. 114.

Non videtur quisquam id capere, quod ei necesse est alii restituere. = One is=20 not considered as acquiring property in a thing which he is bound to = restore.=20 Dig. 50, 17, 51.

Non videntur qui errant consentire. He who errs is not considered as=20 consenting. Dig. 50, 17, 116.

Non videtur consensum retinuisse si quis ex praescripto minantis = aliquid=20 immutavit. He does not appear to have retained his consent, if he have = changed=20 anything through the means of a party threatening. Bacon's Max. Reg. = 33.

Novatio non praesumitur. A novation is not presumed. See = Novation.

Novitas non tam utilitate prodest quam novitate perturbat. Novelty = benefits=20 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=20 not make a new law, but declares the old. 10 Co. 42.

Nul ne doit s'enrichir aux depens des autres. No one ought to enrich = himself=20 at the expense of others.

Nul prendra advantage de son tort demesne. No one shall take = advantage of his=20 own wrong.

Nulla impossibilia aut inhonesta sunt praesumenda. Impossibilities = and=20 dishonesty are not to be presumed. Co. Litt. 78.

Nulle regle sans faute. There is no rule without a fault.

Nulli enim res sua servit jure servitutis. No one can have a = servitude over=20 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=20 purposes.

Nullum iniquum praesumendum in jure. Nothing unjust is presumed in = law. 4 Co.=20 72.

Nullum simile est idem. No simile is the same. Co. Litt. 3.

Nullus commodum capere potest de injuri=C9 su=C9 propri=C9. No one = shall take=20 advantage of his own wrong. Co. Litt. 148.

Nullus recedat e curi=C9 concellari=C9 sine remedio. No one ought to = depart out=20 of the court of chancery without a remedy.

Nunquam fictio sine lege. There is no fiction without law.

Nuptias non concubitas, sed consensus facit. Cohabitation does not = make the=20 marriage, it is the consent of the parties. Dig 50, 17, 30; 1 Bouv. = Inst. n.=20 239; Co. Litt. 33.

Obedientia est legis essentia. Obedience is the essence of the law. = 11 Co.=20 100.

Obtemperandum est consuetudini rationabili tanquam legi. A reasonable = custom=20 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=20 not to be sold. Co. Litt. 234.

Officia judicialia non concedantur antequam vacent. Judicial offices = ought=20 not to be granted before they are vacant. 11 Co. 4.

Officit conatus si effectus sequatur. The attempt becomes of = consequence, if=20 the effect follows.

Officium nemini debet esse damnosum. An office ought to be injurious = to no=20 one.

Omissio eorum quae tacite insunt nihil operatur. The omission of = those things=20 which are silently expressed is of no consequence.

Omne actum ab intentione agentis est judicandum. Every act is to be = estimated=20 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=20 thing draws to it the less worthy, though the latter be more ancient. = Co. Litt.=20 355.

Omne magnum exemplum habet aliquid ex iniquio, quod publica utilitate = compensatur. Every great example has some portion of evil, which is = compensated=20 by its public utility. Hob. 279.

Omne majus continet in se minus. The greater contains in itself the = less. Co.=20 Litt. 43.

Omne majus minus in se complecitur. Always the greater is embraced in = the=20 minor. Jenk. Cent. 208.

Omne testamentum morte consummatum est. Every will is consummated by = death. 3=20 Co. 29.

Omne sacramentum debet esse de certa scienti=C9. Every oath ought to = be founded=20 on certain knowledge. 4 Co. Inst. 279.

Omnia delicta in aperto leviora sunt. All crimes committed openly are = considered lighter. 8 co. 127.

Omnia praesumuntur contra spoliatorem. All things are presumed = against a=20 wrong doer.

Omnia praesumuntur legitime facta donec probetur in contrarium. All = things=20 are presumed to be done legitimately, until the contrary is proved. Co. = Litt.=20 232.

Omnia praesumuntur rite esse acta. All things are presumed to be done = in due=20 form.

Omnia praesumuntur solemniter esse acta. All things are presumed to = be done=20 solemnly. Co. Litt. 6.

Omnia quae sunt uxoris sunt ipsius viri. All things which are of the = wife,=20 belong to the husband. Co. Litt. 112.

Omnis actio est loquela. Every action is a complaint. Co. Litt. = 292.

Omnis conclusio boni et veri judicii sequitur ex bonis et veris = praemissis et=20 dictis juratorem. Every conclusion of a good and true judgment arises = from good=20 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=20 posset. Every devinition in law is perilous, and but a little may = reverse it.=20 Dig. 50, 17, 202.

Omnis exceptio est ipsa quoque regula. An exception is, in itself, a=20 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=20 contrarietates amoveantur. The interpretation of insturments is to be = made, if=20 they will admit of it, so that all contradictions may be removed. Jenk. = Cent.=20 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=20 enjoyment. Co. Litt. 339.

Omnis ratihabitio retro trahitur et mandato aequiparatur. Every = consent given=20 to what has already been done, has a retrospective effect and equals a = command.=20 Co. Litt. 207.

Once a fraud, always a fraud. 13 Vin. Ab. 539.

Once a mortgage always a mortgage.

Once a recompense always a recompense. 19 Vin. Ab. 277.

One should be just before he is generous.

One may not do an act to himself.

Oportet quod certa res deducatur in judicium. A thing, to be brought = to=20 judgment, must be certain or definite. Jenk. Cent. 84.

Oportet quod certa sit res venditur. A thing, to be sold, must be = certain or=20 definite.

Optima est lex, quae minimum relinquit arbitrio judicis. That is the = best=20 system of law which confides as little as possible to the discretion of = the=20 judge. Bac. De Aug. Sci. Aph. 46.

Optimam esse legem, quae minimum relinquit arbitrio judicis; id quod=20 certitudo ejus praestat. That law is the best which leaves the least = discretion=20 to the judge; and this is an advantage which results from certainty. = Bacon, De=20 Aug. Sc. Aph. 8.

Optimus judex, qui minimum sibi. He is the best judge who relies as = little as=20 possible on his own discretion. Bac. De Aug. Sci. Aph. 46.

Optimus interpretandi modus est sic legis interpretare ut leges = legibus=20 accordant. The best mode of interpreting laws isto make them accord. 8 = Co.=20 169.

Optimus interpres rerum usus. Usage is the best interpretor of = things. 2=20 Inst. 282.

Optimus legum interpres consuetudo. Custom is the best interpretor of = laws. 4=20 Inst. 75.

Ordine placitandi servato, servatur et jus. The order of pleading = being=20 preserved, the law is preserved. Co. Litt. 363.

Origo rei inspici debet. The origin of a thing ought to be inquired = into. 1=20 Co. 99.

Paci sunt maxime contraria, vis et injuria. Force and wrong are = greatly=20 contrary to peace. Co. Litt. 161.

Pacta privata juri publico derogare non possunt. Private contracts = cannot=20 derogate from the public law. 7 Co. 23.

Pacto aliquod licitum est, quid sine pacto non admittitur. By a = contract=20 something is permitted, which, without it, could not be admitted. Co. = Litt.=20 166.

Par in parem imperium non habet. An equal has no power over an equal. = Jenk.=20 Cent. 174. Example: One of two judges of the same court cannot commit = the other=20 for contempt.

Paria copulantur paribus. Things unite with similar things.

paribus sententiis reus absolvitur. When opinions are equal, a = defendant is=20 acquitted. 4 Inst. 64.

Parte quacumque integranta sublata, tollitur totum. An integral part = being=20 taken away, the whole is taken away. 3 Co. 41.

Partus ex legitimo thoro non certius noscit matrem quam genitorem = suam. The=20 offspring of a legitimate bed knows not his mother more certainly than = his=20 father. Fortes. c. 42.

Partus sequitur ventrem. The offspring follow the condition ofhte = mother.=20 This is the law in the case of slaves and animals; 1 Bouv. Inst. n. 167, = 502;=20 but with regard to freemen, children follow the condition of the = father.

Parum differunt quae re concordant. Thing differ but littel which = agree in=20 substance. 2 Buls. 86.

Parum est latam esse sententiam, nisi mandetur executioni. It is not = enough=20 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.=20 It avails little to know what ought to be done, if you do not know how = it is to=20 be done. 2 Co. Inst. 503.

Patria potestas in pietate debet, non in atrocitate consistere. = Paternal=20 power should consist in affection, not in atrocity.

Pater is est quem nuptiae demonstrant. The father is he whom the = marriage=20 points out. 1 Bl. Com. 446; 7 mart. N. S. 548, 553; Dig. 2, 4, 5; 1 = Bouv. Inst.=20 n. 273, 304, 322.

Peccata contra naturam sunt gravissima. Offences against nature are = the=20 heaviest. 3 Co. Inst. 20.

Peccatum peccato addit qui culpae quam facit patrocinium defensionis=20 adjungit. He adds one offence to another, who, when he commits a crime, = joins to=20 it the protection of a defence. 5 Co. 49.

Per rerum naturam, factum negantis nulla probatio est. It is in the = nature of=20 things that he who denies a fact is not bound to prove it.

Per varius actus, legem experientia facit. By various acts experience = framed=20 the law. 4 Co. Inst. 50.

Perfectum est cui nihil deest secundum suae perfectionis vel naturae = modum.=20 That is perfect which wants nothing in addition to the measure of its = perfection=20 or nature. Hob. 151.

Periculosum est res novas et inusitatas inducere. It is dangerous to=20 introduce new and dangerous things. Co. Litt. 379.

Periculum rei venditae, nondum traditae, est emptoris. The purchaser = runs the=20 risk of the loss of a thing sold, though not delivered. 1 Bouv. Inst. n. = 939; 4=20 B. & C. 941; 4 B. & C. 481.

Perpetua lex est, nullam legem humanum ac positivam perpetuam esse; = et=20 clausula quae abrogationem excludit initio non valet. It is a perpetual = law that=20 no human or positive law can be perpetual; and a clause in a law which = precludes=20 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=20 own interest. Bacon's Max. Reg. 18. This means that a personal = connexion, as=20 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.=20 16.

Pirata est hostis humani generis. A pirate is an enemy of the human = race. 3=20 Co. Inst. 113.

Pluralis numerus est duobus contentus. The plural number is contained = in two.=20 1 Roll. R. 476.

Pluralities are odious in law.

Plures cohaeredes sunt quasi unum corpus, propter unitatem juris quod = habent.=20 Several co-heirs are as one body, by reason of the unity of right which = they=20 possess. Co. Litt. 163.

Plures participes sunt quasi unum corpus, in eo quod unum jus habent. = Several=20 partners are as one body, by reason of the unity of their rights. Co. = Litt.=20 164.

Plus exempla quam peccata nocent. Examples hurt more than = offences.

Plus peccat auctor quam actor. The instigator of a crime is worse = than he who=20 perpetrates it. 5 Co. 99.

Plus valet unus oculatus testis, quam auriti de cem. One eye witness = is=20 better than ten ear ones. 4 Inst. 279.

Paen=C9 ad paucos, metus ad omnes perveniat. A punishment inflicted = on a few,=20 causes a dread to all. 22 Vin. Ab. 550.

Paen=C9 non potest, culpa perennis erit. Punishment may have an end, = crime is=20 perpetual. 21 Vin. Ab. 271.

Paen=C9 ad paucos, metus ad omnes. Punishment to few, dread or fear = to all.

Paenae potius molliendae quam exasperendae sunt. Punishments should = rather be=20 softened than aggravated. 3 Co. Inst. 220.

Posito uno oppositorum negatur alterum. One of two opposite positions = being=20 affirmed, the other is denied. 3 Ro..l R. 422.

Possessio est quasi pedis positio. Possession is, as it were, the = position of=20 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.=20 278.

Possessor has right against all men but him who has the very = right.

Possibility cannot be on a possibility.

Posteriora derogant prioribus. Posterior laws derogate former ones. 1 = Bouv.=20 Inst. n. 90.

Potentia non est nisi ad bonum. Power is not conferred, but for the = public=20 good.

Potentia debet sequi justiciam, non antecedere. Power ought to = follow, not to=20 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=20 man may relinquish, for himself and his heirs, a right which was = introduced for=20 his own benefit. See 1 Bouv. Inst. n. 83.

Potestas strict=E4 interpretatur. Power should be strictly = interpreted.

Postestas suprema seipsum dissolvare potest, ligare non potest. = Supreme power=20 can dissolve, but cannot bind itself.

Potior est conditio defendentis. Better is the condition of the = defendant,=20 than that of the plaintiff.

Potior est conditio possidentis. Better is the condition of the=20 possessor.

Praepropera consilia, raro sunt prospera. Hasty counsels are seldom=20 prosperous. 4 Inst. 57.

Praestat cautela quam medela. Prevention is better than cure. Co. = Litt.=20 304.

Praesumptio violenta, plena probatio. Strong presumption is full = proof.

Praesumptio violenta valet in lege. Strong presumption avails in = law.

Praetextu liciti non debet admitti illicitum. Under pretext of = legality, what=20 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.=20 499.

Precedents has as much law as justice.

Praesentia corporis tollit errorem nominis, et veritas nominis tollit = errorem=20 demonstrationis. The presence of the body cures the error in the name; = the truth=20 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=20 sold. 1 Bouv. Inst. n. 939.

Prima pars aequitatis aequalitas. The radical element of justice is=20 equality.

Principia data sequuntur concomitantia. Given principles follow their = concomitants.

Principia probant, non probantur. Principles prove, they are not = proved. 3=20 Co. 40. See Principles.

Principiorum non est ratio. There is no reasoning of principles. 2 = Buls. 239.=20 See Principles.

Principium est potissima pars cujusque rei. The principle of a thing = is its=20 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=20 derogate from public law. Dig. 50, 17, 45, 1.

Privatum incommodum publico bono peusatur. Private inconvenience is = made up=20 for by public benefit.

Privilegium est beneficium personale et extinguitur cum person=C9. A = privilege=20 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.=20 2 Buls. 8.

Probandi necessitas incumbit illi ui agit. The necessity of proving = lies with=20 him who makes the charge.

Probationes debent esse evidentes, id est, perspicuae et faciles = intelligi.=20 Proofs ought to be made evident, that is, clear and easy to be = understood. Co.=20 Litt. 283.

Probatis extremis, praesumitur media. The extremes being proved, the=20 intermediate proceedings are presumed. 1 Greenl. Ev. =A720.

Processus legis est gravis vexatio, executio legis coronat opus. The = process=20 of the law is a grievous vexation; the execution of the law crowns the = work. Co.=20 Litt. 289.

Prohibetur ne quis faciat in suo quod nocere possit alieno. It is = prohibited=20 to do on one's own property that which may injure another's. 9 co. = 59.

Propinquior excludit propinquum; propinquus remotum; et remotus = remotiorem.=20 He who is nearer excludes him who is near; he who is near, him who is = remote; he=20 who is remote, him who is more remote. co. Litt. 10.

Proprietas verborum est salus proprietatum. The propriety of words is = the=20 safety of property.

Protectio trahit subjectionem, subjectio projectionem. Protection = draws to it=20 subjection, subjection, protection. Co. Litt. 65.

Proviso est providere praesentia et futura, non praeterita. A proviso = is to=20 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=20 whom no one precedes; he is last whom no one follows.

Prudentur agit qui praecepto legis obtemperat. He acts prudently who = obeys=20 the commands of the law. 5 Co. 49.

Pueri sunt de sanguine parentum, sed pater et mater non sunt de = sanguine=20 puerorum. Children are of the blood of their parents, but the father and = mother=20 are not the blood of their children. 3 Co. 40.

Purchaser without notice not obliged to discover to his own hurt. See = 4 Bouv.=20 Inst. n. 4336.

Quae ab hostibus capiuntur, statim capientium fiunt. Things taken = from public=20 enemies immediately become the property of the captors. See Infra = praesidia.

Quae ad unum finem loquuta sunt; non debent ad alium detorqueri. = Words spoken=20 to one end, ought not to be perverted to another. 4 Co. 14.

Quae cohaerent personae =C9 person=C9 separari nequeunt. Things which = belong to=20 the person ought not to be separated from the person. Jenk. Cent. = 28.

Quae communi legi derogant stricte interpretantur. Laws which = derogate from=20 the common law ought to be strictly construed. Jenk. Cent. 231.

Quae contra rationem juris introducta sunt, non debent trahi in=20 consequentiam. Things introduced contrary to the reason of the law, = ought not to=20 be drawn into precedents. 12 Co. 75.

Quae dubitationis caus=C9 tollendae inseruntur communem legem non = laedunt.=20 Whatever is inserted for the purpose of removing doubt, does not hurt or = affect=20 the common law. Co. Litt. 205.

Quae incontinenti vel certo fiunt inesse videntur. Whatever is done = directly=20 and certainly, appears already in existence. Co. Litt. 236.

Quae in auri=C9 acta sunt rite agi praesummuntur. Whatever is done in = court is=20 presumed to be rightly done. 3 Buls. 43.

Quae in partes dividi nequeunt solida, a singulis praestantur. Things = which=20 cannot be divided into parts are rendered entire severally. 6 Co. 1.

Quae inter alios acta sunt nemini nocere debent, sed prodesse = possunt.=20 Transactions between strangers may benefit, but cannot injure, persons = who are=20 parties to them. 6 Co. 1.

Quae malasunt inchoata in principio vex bono peragantur exitu. Things = bad in=20 the commence ment seldom end well. 4 Co. 2.

Quae non valeant singula, juncta juvant. Things which do not avail = singly,=20 when united have an effect. 3 Buls. 132.

Quae praeter consuetudinem et morem majorum fiunt, neque placent, = necque=20 recta videntur. What is done contrary to the custom of our ancestors, = neither=20 pleases nor appears right. 4 Co. 78.

Quae rerum natur=C9 prohibentur, null=C9 lege confirmata sunt. Whatis = prohibited=20 inthe nature of things, cannot be confirmed by law. Finch's Law, 74.

Quaecumque intra rationem legis inveniuntur, intra legem ipsam esse=20 judicantur. Whatever appears within the reason of the law, ought to be=20 considered within the law itself. 2 Co. Inst. 689.

Quaelibet concessio fortissime contra donatorem interpretanda est. = Every=20 grant is to be taken most strongly against the grantor. Co. Litt. = 183.

Quaelibet jurisdictio cancellos suos habet. Every jurisdiction has = its=20 bounds.

Qualibet paena corporalis, quam vis minima, major est qu=C9libet = paen=C9=20 pecuniari=C9. Every corporal punishment, although the very least, is = greater than=20 pecuniary punishment. 3 Inst. 220.

Quaeras de dubiis, legem bene discere si vis. Inquire into them, is = the way=20 to know what things are really true. Litt. =A7443.

Qualitas quae inesse debet, facile praesumitur. A quality which ought = to form=20 a part, is easily presumed.

Quam longum debet esse rationabile tempus, non definitur in lege, sed = pendet=20 ex discretione justiciariorum. What is reasonable time, the law does not = define;=20 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=20 faciendum. Although, in itself, a thing may not be had, yet, if it holds = out a=20 bad example, it is not to be done. 2 Co. Inst. 564.

Quamvis lex generaliter loquitur, restringenda tamen est, ut cessante = ratione=20 et ipsa cessat. Although the law speaks generally, it is to be = restrained when=20 the reason on which it is founded fails. 4 Co. Inst. 330.

Quando abest provisio partis, adest provisio legis. A defect in the = provision=20 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=20 anything is prohibited directly, it is prohibited indirectly. Co. Litt. = 223.

Quando charta continet generalem clausulam, posteaque descendit ad = verba=20 specialia quae clausulae generali sunt constnanea interpretanda est = charta=20 secundum verba specialia. When a deed contains a general clause, and = afterwards=20 descends to special words, consistent with the general clause, the deed = is to be=20 construed according to the special words. 8 Co. 154.

Quando do una et eadem re, duo onerabiles existunt, unus, pro = insufficientia=20 alterius, de integro onerabitur. When two persons are liable on a joint=20 obligation, if one makes default the other must bear the whole. 2 Co. = Inst.=20 277.

Quando dispositio referri potest ad duas res, ita quod secundum = relationem=20 unam vitiatur et secundum alteram utilis sit, tum facienda est relatio = ad illam=20 ut valeat dispositio. When a disposition may be made to refer to two = things, so=20 that according to one reference, it would be vitiated, and by the other = it would=20 be made effectual, such a reference must be made to the disposition = which is to=20 have effect. 6 co. 76.

Quando diversi considerantur actus ad aliquem statum perficiendum, = plus=20 respicit lex acium originalem. When two different acts are required to = the=20 formation of an estate, the law chiefly regards the original act. 10 Co. = 49.

Quando duo juro concurrunt in und person=C9, aequum est ac si essent = in=20 diversis. When two rights concur in one person, it is the same as if = they were=20 in two separate persons. 4 Co. 118.

Quando lex aliquid alicui concedit, concedere videtur id sine quo res = ipsa=20 esse non potest. When the law gives anything, it gives the means of = obtaining=20 it. 5 Co. 47.

Quando lex aliquid alicui concedit, omnia incidentia tacite = conceduntur. When=20 the law gives anything, it gives tacitly what is incident to it. 2 Co. = Inst.=20 326; Hob. 234.

Quando lex est specialis, ratio autem generalis, generaliter lex est=20 intelligenda. When the law is special, but its reason is general, the = law is to=20 be understood generally. 2 co. Inst. 83; 10 Co. 101.

Quando licet id quod majus, videtur licere id quod minus. When the = greate is=20 allowed, the less seems to be allowed also.

Quando plus fit quam fieri debet, videtur etiam illud fieri quod = faciendum=20 est. When more is done than ought to be donoe, that shall be considered = as=20 performed, which should have been performed; as, if a man having a power = to make=20 a lease for ten years, make one for twenty years, it shall be void for = the=20 surplus. Broom's Max. 76; 8 Co. 85.

Quando verba et mens congruunt, non est interpretationi locus. When = the words=20 and the mind agree, there is no place for interpretation.

Quem admodum ad quaestionem facti non respondent judices, ita ad = quaestionem=20 juris non respondent juratores. In the same manner that judges do not = answer to=20 questions of fact, so jurors do not answer to questions of law. Co. = Litt.=20 295.

Qui accusat integrae famae sit et non criminosus. Let him who accuses = be of a=20 clear fame, and not criminal. 3 Co. Inst. 26.

Qui adimit medium, dirimit finem. He who takes away the means, = destroys the=20 end. Co. Litt. 161.

Qui aliquid staruerit parte inaudita altera, aequum licet dixerit, = haud=20 aequum facerit. He who decides anything, a party being unheard, though = he should=20 decide right, does wrong. 6 Co. 52.

Qui bene interrogat, bene docet. He who questions well, learns well. = 3 Buls.=20 227.

Qui bene distinguit, bene docet. He who distinguishes well, learns = well. 2=20 Co. Inst. 470.

Qui concedit aliquid, concedere videtur et id sine quo concessio est = irrita,=20 sine quo res ipsa esse non potuit. He who grants anything, is considered = as=20 granting that, without which his grant would be idle, without which the = thing=20 itself could not exist. 11 Co. 52.

Qui confirmat nihil dat. He who confirms does not give. 2 Bouv. Inst. = n.=20 2069.

Qui contemnit praeceptum, contemnit praecipientem. He who contemns = the=20 precept, contemns the party giving it. 12 Co. 96.

Qui cum alio contrahit, vel est, vel debet esse non ignarus conditio = ejus. He=20 who contracts, knows, or ought to know, the quality of the person with = whom he=20 contracts, otherwise he is not excusable. Dig. 50, 17, 19; 2 Hagg. = Consist. Rep.=20 61.

Qui destruit medium, destruit finem. He who destroys the means, = destroys the=20 end. 11 Co. 51; Shep. To. 342.

Qui doit inheritoer al p=E4re, doit inheriter al fitz. He who ought = to inherit=20 from the father, ought to inherit from the son.

Qui ex damnato coitu nascuntur, inter liberos non computantur. He who = is born=20 of an illicit union, is not counted among the children. Co. Litt. 8. See = 1 Bouv.=20 Inst. n. 289.

Qui evertit causam, evertit causatum futurum. He who overthrows the = cause,=20 overthrows its future effects. 10 Co. 51.

Qui facit per alium facit per se. He who acts by or through another, = acts for=20 himself. 1 Bl. Com. 429; Story, Ag. =A7440; 2 Bouv. Inst. n. 1273, 1335, = 1336; 7=20 Man. & Gr. 32, 33.

Qui habet jurisdictionem absolvendi, habet jurisdictionem ligandi. He = who has=20 jurisdiction to loosen, has jurisdiction to bind. 12 Co. 59.

Qui haeret in litera, haeret in cortice. He who adheres to the = letter,=20 adheres to the bark. Co. Litt. 289.

Qui ignorat quant=F1m solvere debeat, non potest improbus videre. He = who does=20 not know what he ought to pay, does not want probity in not paying. Dig. = 50, 17,=20 99.

Qui in utero est, pro jam nato habetur quoties de ejus commodo = quaeritur. He=20 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,=20 harms no one.

Qui jussu judicis aliquod fuerit non videtur dolo malo fecisse, quia = parere=20 necesse est. He who does anything by command of a judge, will not be = supposed to=20 have acted from an improper motive, because it was necessary to obey. 10 = Co.=20 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.=20 Ab. 235.

Qui molitur insidias in patriam, id facit quod insanusnauta perforans = navem=20 in qua vehitur. He who betrays his country, is like the insane sailor = who bores=20 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=20 lawful matrimonu, follows the condition of the mother.

Qui non cadunt in constantem virem, vani timores sunt astinandi. = Those are=20 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=20 willingly speak the truth, is a betrayer of the truth.

Qui non obstat quod obstare potest facere videtur. He who does not = prevent=20 what he can, seems to commit the thing. 2 Co. Inst. 146.

Qui non prohibit quod prohibere potest assentire videtur. He who does = not=20 forbid what he can forbid, seems to assent. 2 Inst. 305.

Qui non propulsat injuriam quando potest, infert. He who does not = repel a=20 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.=20 81.

Qui parcit nocentibus, innocentibus punit. He who spares the guilty, = punishes=20 the innocent.

Qui peccat ebuius, luat sobrius. He who offends drunk, must be = punished when=20 sober. Car. R. 133.

Qui per alium facit per seipsum facere videtur. He who does anything = through=20 another, is considered as doing it himself. Co. Litt. 258.

Qui per fraudem agit, frustra agit. He who acts fraudrlently acts in = vain. 2=20 Roll. R. 17.

Qui potest et debet vetare, jubet. He who can and ought to forbid, = and does=20 not, commands.

Qui primum peccat ille facit rixam. He who first offends, causes the=20 strife.

Qui prior est tempore, potior est jure. He who is first or before in = time, is=20 stronger in right. Co. Litt. 14 a; 1 Story, Eq. Jur. =A764 d; Story = Bailm. =A7312; 1=20 Bouv. Inst. n. 952; 4 Bouv. Inst. n. 3728.

Qui providet sibi, providet haredibus. He who provides for himself, = provides=20 for his heirs.

Qui rationem in omnibus quarunt, rationem subvertunt. He who seeks a = reason=20 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=20 Retraxit.

Qui semel malus, semper prasumitur esse malus in eodem genere. He who = is once=20 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=20 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.=20 Cent. 32.

Qui tardius solvit, minus solvit. He who pays tardily, pays less than = he=20 ought. Jenk.Cent. 38.

Qui timent, cavent et vitant. They who fear, take care and avoid. = Off. Ex.=20 162.

Qui vult decipi, decipiatur. Set him who wishes to be deceived, be=20 deceived.

Quicpuid acquiritur servo, acquiritur domino. Whatever is acquired by = the=20 servant, is acquired for the master. 15 Bin. Ab. 327.

Quicquid plantatur solo, solo cedit. Whatever is affixed to the soil = belongs=20 to it. Went. Off. Ex. 145.

Quicquid plantatur solo, solo cedit. Whatever is affixed to the soil = or the=20 realty, thereby becomes a parcel. See Amb: 113; 3 East, 51; and article=20 Fixtures.

Qnicquid est contra normam recti est injuria. Whatever is against the = rule of=20 right, is a wrong. 3 Buls. 313.

Quicquid in excessu actum est, lege prohibitur. Whatever is done in = excess is=20 prohibited by law. 2 Co. Inst. 107.

Quicquid judicis auctoritati subjictur, novitati nonsubjiclur. = Whatever is=20 subject to the authority of a judge, is not subject to novelty. 4 Co. = Inst=20 66.

Quicquid solvitur, solvitur secundum modum solventis. Whatever is = paid, is=20 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=20 introduced for his own benefit. To this rule there are some exceptions. = See 1=20 Bouv. Inst. n. 83.

Qusquis est qui velit juris consultus haberi, continuet studium, = velit a=20 quocunque doceri. Whoever wishes to be a lowyer, let him continually = study, and=20 desire to be taught everything.

Quod ab initio non valet, in tractu temporis non convalescere. What = is not=20 good in the beginning cannot be rendered good by time. Merl. Rep. verbo = Regle de=20 Droit. This, though true in general, is not universally so.

Quod ad jus naturale attinet, omnes homenes aequales sunt. All men = are equal=20 before the natural law. Dig. 50, 17, 32.

Quod alias bonum et justum est, si per vim vel fraudem petatur, malum = et=20 injustum efficitur. What is otherwise good and just, if sought by force = or=20 fraud, becomes bad and unjust. 3 Co. 78.

Quod constat clare, non debet verificari. What is clearly apparent = need not=20 be proved.

Quod constat curiae opere testium non indiget. What appears to the = court=20 needs not the help of witnesses. 2 Inst. 662.

Quod contra legem fit, pro infecto habetur. What is done contrary to = the law,=20 is considered as not done. 4 Co. 31. No one can derive any advantage = from such=20 an act.

Quod contra juris rationem receptum est, non est producendum ad=20 consequentias. What has been admitted against the spirit of the law, = ought not=20 to be heard. Dig. 50, 17, 141.

Quod demonstrandi caus=C9 additur rei satis demonstratae, frusta fit. = What is=20 added to a thing sufficiently palpable, for the purpose of = demonstration, is=20 vain. 10 Co. 113.

Quod dubitas, ne feceris. When you doubt, do not act.

Quod est ex necessitate nunquam introducitor, nisi quando = necessarium. What=20 is introduced of necessity, is never introduced except when necessary. 2 = Roll.=20 R. 512.

Quod est inconveniens, aut contra rationem non permissum est in lege. = What is=20 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=20 interpretationem. Doubtful and ambigious clauses ought to be construed = according=20 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=20 v alid. 5 Co. 38.

Quod inconsulto fecimus, consultius revocemus. What is done without=20 consideration or reflection, upon better consideration we should revoke = or=20 undo.

Quod in minori valet, valebit in majori; et quod in majori non valet, = nec=20 valebit in minori. What avails in the less, will avail in the greater; = and what=20 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=20 similar things, will avail in the other. co. Litt. 191.

Quod initio vitiosum est, non potest tractu temporis convalescere. = Time=20 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=20 without my consent. Jenk. Cent. 251. Sed vide Eminent Domain.

Quod necessarie intelligitur id non deest. What is necessarily = understood is=20 not wanting. 1 Buls. 71.

Quod necessitas cogit, defendit. What necessity forces, it justifies. = Hal.=20 Pl. Cr. 54.

Quod non apparet non est, et non apparet judicialiter ante judicium. = What=20 appears not does not exist, and nothing appears judicially before = judgment. 2=20 Co. Inst. 479.

Quod non habet principium non habet finum. What has no beginning has = no end.=20 Co. Litt. 345.

Quod non legitur, non creditor. What is not read, is not believed. 4 = Co.=20 304.

Quod non valet in principalia, in accessoria seu consequentia non = valebit; et=20 quod non valet in magis propinquo, non valebit in magis remoto. What is = not good=20 in its principle, will not be good as to accessories or consequences; = and what=20 is not of force as regards things near, will not be of force as to = things=20 remote. 8 co. 78.

Quod nullius est id ratione naturali occupanti conceditur. What = belongs to no=20 one, naturally belong to the first occupant. Inst. 2, 1, 12; 1 Bouv. = Inst. n.=20 491.

Quod nullius esse potest, id ut alicujus fieret nulla obligatio valet = efficere. Those things which cannot be acquired as property, cannot be = the=20 object of an agreement. Dig. 50, 17, 182.

Quod pendet, non est pro eo, quasi sit. What is in suspense is = considered as=20 not existing. Dig. 50, 17, 169, 1.

Quod per me non possum, nec per alium. What I cannot do in person, I = cannot=20 do by proxy. 4 Co. 24.

Quod per recordum probatum, non debet esse negatum. What is proved by = the=20 record, ought not to be denied.

Quod populus postremum jussit, id just ratum esto. What the people = have last=20 enacted, let that be the established law.

Quod prius est verius est; et quod prius est tempore potius est jure. = What is=20 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=20 less, is lawful in the greater. 8 Co. 43.

Quod quis ex culpa sua damnum sentit, non intelligitur damnum = sentire. He who=20 suffers a damage by his own fault, has no right to complain. Dig. 50, = 17,=20 203.

Quod quisquis norat in hoc se exerceat. Let every one employ himself = in what=20 he knows. 11 Co. 10.

Quod remedio destituitur ipsa re valet si culpa absit. What is = without a=20 remedy is valid by the thing itself. Bacon's Max. Reg. 9.

Quod semel meum est amplius meum esse non potest. Co. Litt. 49; Shep = To.=20 212.

Quod sub certa forma concessum vel reservatum est, non trahitur = advalorem vel=20 compensationem. That which is granted or reserved under a certain form, = is not=20 to be drawn into a valuation. Bacon's Max. Reg. 4.

Quod solo inaedificatur solo cedit. Whatever is built on the soil is = an=20 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=20 not appear to be wanting. 4 Co. 22.

Quod vanum et inutile est, lex non requirit. The law does not require = what is=20 vain and useless. Co. Litt. 319.

Quotiens dubia interpretatio libertatis est, secundum libertatem = respondendum=20 erit. Whenever there is a doubt between liberty and slavery, the = decision must=20 be in favor of liberty. Dig. 50, 17, 20.

Quoties in verbis nulla est ambiguitas ibi nulla expositio contra = verba=20 fienda est. When there is no ambiguity in the words, then no exposition = contrary=20 to the words is to be made. Co. Litt. 147.

Ratihabitiio mandato aequiparatur. Ratification is equal to a = command. Dig.=20 46, 3, 12, 4.

Ratio est formalis causa consueetudinis. Reason is the formal cause = of=20 custom.

Ratio est legis anima, mutata legis ratione mutatur et lex. Reason is = the=20 soul of the law; the reason of the law being changed, the law is also=20 changed.

Ratio est radius divini luminis. Reason is a ray of divine light. Co. = Litt.=20 232.

Ratio et auctoritas duo clarisima mundi limina. Reason and authority = are the=20 two brightest lights in the world. 4 Co. Inst. 320.

Ratio in jure aequitas integra. Reason in law is perfect equity.

Ratio legis est anima legis. The reason of the law is the soul of the = law.

Ratio non clauditur loco. Reason is not confined to any place.

Ratio potest allegari deficiente lege, sed vera et legalis et non = apparens.=20 Reason may be alleged when the law is defective, but it must be true and = legal=20 reason, and not merely apparent. 6 Co. Litt. 191.

Re, verbis, scripto, consensu, traditione, junctura vestes, sumere = pacta=20 solent. Compacts are accustomed to be clothed by thing itself, by words, = by=20 writing, by consent, by delivery. Plow. 161.

Receditur a placitis juris, potius quam injuriae et delicta maneant = impunita.=20 Positive rules of law will be receded from, rather than crimes and = wrongs should=20 remain unpunished. Bacon's Max. Reg. 12. This applies only to such = maxims as are=20 called placita juris; these will be dispensed with rather than crimes = should go=20 unpunished, quia salus populi suprema lex, because the public safety is = the=20 supreme law.

Recorda sunt vestigia vetustatis et veritatis. Records are vestiges = of=20 antiquity andtruth. 2 Roll. R. 296.

Recurrendum est ad extraordinarium quando non valet ordinarium. We = must have=20 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=20 to alienate my property is not binding. Co. Litt. 223.

Rei turpis nullum mandatum est. A mandate of an illegal thing is = void. Dig.=20 17, 1, 6, 3.

Reipublicae interest voluntates defunctorum effectum sortiri. It = concerns the=20 state that the wills of the dead should have their effect.

Relatio est fictio juris et intenta ad unum. Reference is a fiction = of law,=20 and intent to one thing. 3 Co. 28.

Relatio semper fiat ut valeat dispositio. Reference should always be = had in=20 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.=20 Ab. 292.

Relatiorum cognito uno, cognoscitur et alterum. Of things relating to = each=20 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=20 remainder doth.

Remainder must vest at the same instant that hte particular estate=20 determines.

Remainder to aperson not of a capacity to take at the time of = appointing it,=20 is void. Plowd. 27.

Remedies ought to be reciprocal.

Remedies for rights are ever favorably extended. 18 Vin. Ab. 521.

Remisus imperanti melius paretur. A man commanding not too strictly = is best=20 obeyed. 3 Co. Inst. 233.

Remoto impedimento, emergit actio. The impediment begin removed the = action=20 arises. 5 Co. 76.

Rent must be reserved to him from whom the state of the land moveth. = Co.=20 Litt. 143.

Repellitur a sacramento infamis. An infamous person is repelled or = prevented=20 from taking an oath. Co. Litt. 158.

Reprobata pecunia liberat solventum. Money refused liberates the = debtor. 9=20 Co. 79. But this must be understood with a qualification. See = Tender.

Reputatio est vulgaris opinio ubi non est veritas. Reputation is a = vulgar=20 opinion where there is no truth. 4 Co. 107. But see, Character.

Rerum ordo confunditur, si unicuique jurisdictio non servetur. The = order of=20 things is confounded if every one preserves not his jurisdiction. 4 Co. = Inst.=20 Proem.

Rerum progressus ostendunt multa, quae in initio praecaveri seu = praevideri=20 non possunt. The progress of time shows many things, which at the = beginning=20 could not be guarded against, or foreseen. 6 Co. 40.

Rerum suarum quilibet est moderator et arbiter. Every one is the = manager and=20 disposer of his own. Co. Litt. 233.

Res denominator a principaliori parte. A thing is named from its = principal=20 part. 5 Co. 47.

Res est misera ubi jus est vagam et invertum. It is a miserable state = of=20 tings where the law is vague and uncertain. 2 Salk. 512.

Res, generalem habet significationem, quia tam corporea, quam = incorporea,=20 cujuscunque sunt generis, naturae sive speciei, comprehendit. The word = things=20 has a general significaiton, which comprehends corporeal and incorporeal = objects, of whatever nature, sort or specie. 3 Co. Inst. 482; 1 Bouv. = Inst. n.=20 415.

Res inter alios acta alteri nocere non debet. Things done between = strangers=20 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=20 truth. Co. Litt. 103; Dig. 50, 17, 207. See Res judicata.

Res judicata facit ex albo nigrum, ex nigro album, ex curvo rectum, = ex recto=20 curvum. A thing adjudged makes what was white, black; what was black, = white;=20 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=20 estimated by its worth in money, and the value of money is not estimated = by=20 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.=20 2 Bouv. Inst. n. 1456, 1466.

Reservatio non debet esse de proficuis ipsis quia ea conceduntur, sed = de=20 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.=20 Co. Litt. 142.

Resignatio est juris porprii spontanea refutatio. Resignation is the=20 spontaneous relinquishment of one's own right. Godb. 284.

Respondeat superior. Let the principal answer. 4 Co. Inst. 114; 2 = Bouv. Inst.=20 n. 1337; 4 Bouv. Inst. n. 3586.

Responsio unius non omnino auditur. The answer of one witness shall = not be=20 heard at all. 1 Greenl. Ev. =A7260. This is a maxim of the civil law, = where=20 everything must be proved by two witnesses.

Rights never die.

Reus laesae majestatis punitur, ut pereat unus ne pereant omnes. A = traitor is=20 punished, that by the death of one, all may not perish. 4 Co. 124.

Sacramentum habet in se tres comites, varitatem, justitiam et = judicium;=20 veritas habenda est in jurato; justitia et justicium in judice. An oath = has in=20 it three component parts - truth, justice and judgment; truth in the = party=20 swearing; justice and judgment in the judge administering the oath. 3 = Co. Inst.=20 160.

Sacramentum si fatuum fuerit, licet falsum, tamen non committit = perjurium. A=20 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=20 the old one, which deceives the traveller. 4 Co. Inst. 34.

Saepenumero uvb proprietas verboem attenditur, sensus veritatis = amittitur.=20 Frequently where the propriety of words is attended to, the meaning of = truth is=20 lost. 7 Co. 27.

Salus populi est suprema lex. The safety of the people is the supreme = law.=20 Bacon's Max. in Reg. 12; Broom's Max. 1.

Salus ube multi consiliarii. In many counsellors there is safety. 4 = Co. Inst.=20 1.

Sapiens incipit a fine, et quod primum est in intentione, ultimum est = in=20 executione. A wise man begins with the last, and what is first in = intention is=20 last in execution. 10 Co. 25.

Sapiens omnia agit cum consilio. A wise man does everything = advisedly. 4 Co.=20 Inst. 4.

Sapientia legis nummario pretio non est aestemanda. The wisdom of law = cannot=20 be valued by money.

Sapientis judicis est cogitare tantum sibi esse permissum, quantum = commissum=20 et creditum. A wise man should consdier as much what he premises as what = he=20 commits and believes. 4 Co. Inst. 193.

Satisfaction should be made to thatfund which has sustained the loss. = 4 Bouv.=20 Inst. n. 3731.

Satius est petere fontes quam sectari rivulos. It is better to search = the=20 fountain than to cut rivulets. 10 Co. 118. It is better to drink at the = fountain=20 than to sip in the streams.

Scientia sciolorum est mixta ignorantia. The knowledge of smatterers = is mixed=20 ignorance. 8 Co. 159.

Scientia et volunti non fit injuria. A wrong is not done to one who = knows and=20 wills it.

Scientia utrimque per pares contrahentes facit. Equal knowledge on = both sides=20 makes the contracting parties equal.

Scire leges, non hoc est verba eorum tenere, sed vim et potestatem. = To know=20 the laws, is not to observe their mere words, but their force and power. = Dig. 1,=20 3, 17.

Scire proprie est, rem ratione et per causam cognoscere. To know = properly is=20 to know the reason and cause of a thing. Co. Litt. 183.

Scire debes cum quo contrahis. You ought to know with whom you = deal.

Scribere est agere. To write is to act. 2 Roll. R. 89.

Scriptae obligationes scriptis tolluntur, et nude consensus = obligatio,=20 contrario consensu dissolvitur. Written obligations are dissolved by = writing,=20 and obligations of naked assent by similar naked assent.

Secundum naturam est, commoda cujusque rei eum sequi, quem sequentur=20 incommoda. It is natural that he who bears the charge of a thing, should = receive=20 the profits. Dig. 50, 17, 10.

Securius expediuntur negotia commissa pluribus, et plus vident oculi = quam=20 oculus. Business entrusted to several sppeds best, and several eyes see = more=20 than one eye. 4 Co. 46.

Semel malus semper praesumitur esse malus in eodem genere. Whatever = is once=20 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=20 made that the disposition may avail. 6 Co. 76.

Semper necessitas probandi incumbit qui agit. The claimant is always = bound to=20 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=20 proved. Co. Litt. 126. See 1 Bouv. Inst. n. 303.

Semper praesumitur pro sententi=C9. Presumption is always in favor of = the=20 sentence. 3 Buls. 43.

Semper specialia generalibus insunt. Special clauses are always = comprised in=20 general ones. Dig. 50, 17, 147.

Sensus verborum est anima legis. The meaning of words is the spirit = of the=20 law. 5 Co. 2.

Sensus verborum ex causa dicendi accipiendus est, et sermones semper=20 accipiendi sunt secundum subjectam materiam. The sense of words is to be = taken=20 from the occasion of speakign them, and discourses are always to be = interpreted=20 according to the subject-mater. 4 Co. 14.

Sententia facit jus, et legis interpretatio legis vim obtinet. The = sentence=20 gives the right, and the interpretation has the force of law.

Sententia interlocutoria revocari potest, difinitiva non potest. An=20 interlocutory sentence or order may be revoked, but not a final.

Sententia non fertur de rebus non liquidis. Sentence is not given = upon a=20 thing which is not clear.

Sequi debet potentia justitiam, non praecedere. Power should follow = justice,=20 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=20 relating to the person is to be understood as relating to hiscondition. = 4 Co.=20 16.

Si a jure discedas vagus eris, et erunt omnia omnibus incerta. If you = depart=20 from the law, you will wander without a guide, and everything will be in = a state=20 of uncertainty to every one. Co. Litt. 227.

Si assuetis mederi possis nova non sunt tentanda. If you can be = relieved by=20 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=20 are better led by love, more are corrected by fear. Co. Litt. 392.

Si nulla sit conjectura quae ducat alio, verba intelligenda sunt ex=20 proprietate, non grammatica sed populari ex usu. if there be no = conjecture which=20 leads to a different result, words are to be understood, according to = the proper=20 meaning, not in a grammatical, but in a popular and ordinary sense. 2 = Kent, Com.=20 555.

Si quis custos fraudem pupillo fecerit, a tutela removendus est. If a = guardian behave fraudently to his ward, he shall be removed from the=20 guardianship. Jenk. Cent. 39.

Si quis praegnantum uxorem reliquit, non videtur sine liberis = decessisse. If=20 a man dies, leaving his wife pregnant, he shall not be considered as = having died=20 childless.

Si suggestio non sit vera, literae patentes vacuae sunt. If the = suggestion of=20 a patent is false, the patent itself is void. 10 Co. 113.

Si quid universitate debetur singulis non debetur, nec quod debet,=20 universitas singuli debent. If anything is due to a corporation, it is = not due=20 to the individual members of it, nor do the members individually owe = what the=20 corporation owes. Dig. 3, 4, 7.

Sic interpretandum est ut verba accipiantur cum effectu. Such an=20 interpretation is to be made, that the words may have an effect.

Sic utere tuo ut alienum non laedas. So use your own as not to injure = another's property. 1 Bl. Com. 306; Broom's max. 160; 4 McCord, 472; 2 = Bouv.=20 Inst. n. 2379.

Sicut natura nil facit per saltum, ita nec lex. AS nature does = nothing by a=20 bound or leap, so neither does the law. Co. Litt. 238.

Silent leges inter arma. laws are silent amidst arms. 4 Co. Inst. = 70.

Simplicitas est legibus amica. Simplicity is favorable to the law. 4 = Co.=20 8.

Sine possessione usucapio procedere non potest. There can be no = prescription=20 without possession.

Solemnitas juris sunt observandae. The solemnities of law are to be = observed.=20 Jenk. Cent. 13.

Solo cedit quod solo implantatur. What is planted in the soil belongs = to the=20 soil. inst. 2, 1, 29. See 1 Mackeld. civ. Law, =A7268; 2 Bouv. Inst. n. = 1571.

Solo cedit quodquod solo implantatur. What is planted in the soil = belongs o=20 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=20 the place of a sale.

Spes est vigilantis somnium. Hope is the dream of the vigilant. 4 Co. = Inst.=20 203.

Spes impunitatis continuum affectum tribuit delinquendi. The hope of = impunity=20 holds out a continual temptation to crime. 3 Co. Inst. 236.

Spoliatus debet ante omnia restitui. Spoil ought to be restored = before=20 anything else. 2 Co. Inst. 714.

Spondet peritiam artis. He promises to use th skill of his art. Poth. = Louage,=20 n. 425; Jones, Bailm. 22, 53, 62, 97, 120; Domat, liv. 1, t. 4, s. 8, n. = 1; 1=20 Story Bailm. =A7431; 1 Bell's Com. 459, 5th ed.; 1 Bouv. Inst. n. = 1004.

Stabit praesumptio donec probetur in contrarium. A presumption will = stand=20 good until the contrary is proved. Hob. 297.

Statuta pro publico commodo late interpretantur. Statutes made for = the public=20 good ought to be liberally construed. Jenk. Cent. 21.

Statutum affirmativum non derogat communi legi. An affirmative = stature does=20 not take from the common law. Jenk. Cent. 24.

Statutum generaliter est intelligendum quaudo verva statuti sunt = specialia,=20 ratio autem generalis. When the words of a statute are special, but the = reason=20 of it general, it is to be understood generally. 10 Co. 101.

Statutum speciale statuto speciali non derogat. One special statute = does not=20 take away from another special statute. Jenk. Cent. 199.

Sublata causa tollitur effectus. Remove the cause and the effect will = cease.=20 2 Bl. Com. 203.

Sublata veneratione magistraiuum, respublica ruit. The commonwealth = perishes,=20 if respect for magistrates be taken away.

Sublato fundamento cadit opus. Remove the foundation, the structure = or work=20 fall.

Sublato principali tollitur adjunctum. If the principal be taken = away, the=20 adjunct is also taken away. Co. Litt. 389.

Summum jus, summa injuria. The rigor or height of law, is the height = of=20 wrong. Hob. 125; 1 Chan. Rep. 4.

Superflua non nocent. Superfluities do no injury.

Surplusagium non nocet. Surplusage does noharm. 3Bouv. Inst. n. = 2949.

Tacita quaedam habentur pro expressis. Things silent are sometimes = considered=20 as expressed. 8 Co. 40.

Talis interpretatio semper fienda est, ut evitetur absurdum, et = inconveniens,=20 et ne judicium sit illusorium. Interpretation is always to be made in = such a=20 manner, that what is absurd and inconvenient is to be avoided, so that = the=20 judgment be not nugatory. 1 Co. 52.

Talis non est eadem, nam nullum simile est idem. What is like is not = the=20 same, for nothing similar is the same. 4 Co. 18.

Tantum bona valent, quantum vendi possunt. Things are worth what they = will=20 sell for. 3 Co. Inst. 305.

Terminus annorum certus debet esse et determinatus. A term of years = ought to=20 be certain and determinate. Co. Litt. 45.

Terra transit cum onere. Land passses with the incumbrances. Co. = Litt.=20 45.

Testamenta latissimam interpretationem habere debent. Wills ough to = have the=20 broadest interpretation.

Testamentum omne morte consumatum. Every will is completed by death. = Co.=20 Litt. 232.

Testatoris ultima voluntas est perimplenda secundum veram intentionem = suam.=20 The last will of a testator is to be fulfilled according to his real = intention.=20 Co. Litt. 232.

Testibus deponentibus in pari numero dignioribus est credendum. When = the=20 number of witnesses is equal on both sides, the more worthy are to be = believed.=20 4 Co. Inst. 279.

Testis de visu praeponderat aliis. An eye witness outweighs others. 4 = Co.=20 Inst. 470.

Testis nemo in su=C9 caus=C9 esse potest. No one can be a witness in = his own=20 cause.

Testis oculatus unus plus valet quam auriti decem. One eye witness is = worth=20 ten ear witnesses. See 3 Bouv. Inst. n. 3154.

Timores vani sunt aestimandi qui non cadunt in constantem virum. = Fears, which=20 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.=20 Litt. 300.

The fund which has received the benefit should make the satisfaction. = 4 Bouv.=20 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.=20 3 Co. 41.

Tout ce que la loi ne defend pas est permis. Everything is permitted, = which=20 is not forbidden by law.

Tonte exception non surveill=C7e tend =D6 prendre la place du = principe. Every=20 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=20 multiplied, let the infliction of punishment be increased. 2 Co. Inst. = 479.

Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere = notitiam. Trial ought always to be had where the jury have the best = knowledge. 7=20 Co. 1.

Trupis est pars quae non convenit cum suo toto. That part is bad = which=20 accords not with the whole. Plow. 161.

Tuta est custodia quae sibimet creditur. That guardianship is secure = which=20 trusts to itself alone.

Tutius erratur ex parte mittioro. It is safer to err on the side of = mercy. 3=20 inst. 220.

Ubi aliquid impeditur propter unum, eo remoto, tollitur impedimentum. = When=20 anything is impeded by one single cause, if that be removed the = impediment is=20 removed. 7 Co. 77.

Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium. = When a=20 common remedy ceases to be of service, recoruse must be had to an = extraordinary=20 one. 4 Co. 93.

Ubi culpa est ibi paena subesse debet. Where there is culpability, = there=20 punishment ought to be.

Ubi eadem ratio, ibi idem lex. Where there is the same reason, there = is the=20 same law. 7 co. 18.

Ubi damna dantur, victus victori in expensis condemnari debet. Where = damages=20 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=20 can be no consequence. 4 Co. 43.

Ubi jus, ibi remedium. Where there is a right, there is a remedy. 1 = T. R.=20 512; 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=20 law.

Ubi lex aliquem cogit ostendere causam, necesse est quod causa sit = justa et=20 letitima. Where the law compels a man to show cause, the cause ought to = be just=20 and legal. 2 Co. Inst. 269.

Ubi lex est specialis, et ratio ejus generalis, generaliter = accipienda est.=20 Where the law is special and the reason of it is general, it ought to be = taken=20 as being general. 2 Co. Inst. 43.

Ubi lex non distinguit, nec nos distinguere debemus. Where the law = does not=20 distinguish, we ought not to distinguish. 7 Co. 5.

Ubi major pars est, ibi totum. Where is the greater part, there is = the whole.=20 Moor, 578.

Ubi non adest norma legis, omnia quasi pro suspectis habenda sunt. = When the=20 law fails to serve as a rule, almost everything ought to be suspected. = Bacon, De=20 Aug. Sci. Aph. 25.

Ubi non est condendi auctoritas, ibi non est parendi necessitas. = Where there=20 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=20 similia. Where there is no direct law, the opinion of the judges ought = to be=20 taken, or reference made to similar cases.

Ubi non est lex, non est transgressio quoad mundum. Where there is no = law=20 there is no transgression, as it regards the world.

ubi non est principalis non potest esse accessorius. Where there is = no=20 principal there is no accessory. 4 co. 43.

ubi nullum matrimonium ibi nullum dos. Where there is no marriage = there is no=20 dower. Co. Litt. 32.

Ubi periculum, ibi et lucrum collocatur. He at whose risk a thing is, = should=20 receive the profits arising from it.

Ubi quid generaliter conceditur, in est haec exceptio, si non aliquid = sit=20 contra jus fasque. Where a thing is concealed generally, this exception = arises,=20 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=20 offence. 6 Co. 47.

Ubicunque est injuria, ibi damnum sequitur. Whereever there is a = wrong, there=20 damages follow. 10 Co. 116.

Ultima voluntas testatoris est perimplenda secundum veram intentionem = suam.=20 The last will of a testator is to be fulfilled according to his true = intention.=20 Co. Litt. 322.

Ultra posse non est esse, et vice versa. What is beyond possibility = cannot=20 exist, and the reverse, what cannot exist is not possible.

Una persona vix potest supplere vices duorum. One person can scarcely = supply=20 the place of two. 4 co. 118.

Universalia sunt notoria singularibus. Things universal are better = known than=20 things particular. 2 Roll. R. 294.

Universitas vel corporatio non dicitur aliquid facere nisi id sit=20 collegialiter deliberatum, etiamsi major pars id faciat. An university = or=20 corporation is not said to do anything unless it be deliberated upon=20 collegiately, although the majority should do it. Dav. 48.

Uno absurdo dato, infinita sequuntur. One absurdity begin allowed, an = infinity follow. 1 co. 102.

Unumquodque eodem modo quo colligatum est dissolvitur. In the same = manner in=20 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=20 part of a thing is the thing itself. Hob. 123.

Unumquodque dissolvatur eo modo quo colligatur. Everything is = dissolved by=20 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=20 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=20 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.=20 & R. 297; 6 Mass. 303.

Valeat quantum valere potest. It shall have effect as far as it can = have=20 effect.

Vana est illa potentia quae numquam venit in actum. Vain is that = power which=20 is never brought into action. 2 Co. 51.

Vani timores sunt aestimandi, qui non cadunt in constantem virum. = Vain are=20 those fears which affect not a valiant man. 7 Co. 27.

Vendens eandem rem doubus falsarius est. It is fraudulent to sell the = same=20 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=20 be taken so as to have effect. Bacon's Max. Reg. 3, p. 47. See 1 Duer. = on ins.=20 210, 211, 216.

Verba aequivoca ac in dubio sensu posita, intelliguntur dignori et = potentiori=20 sensu. Equivocal words and those in a doubtful sense are to be taken in = their=20 best and most effective sense. 6 Co. 20.

Verba currentis monetae, tempus solutionis designat. The words = current money,=20 refer to the time of payment. Dav. 20.

Verba dicta de persona, intelligi debent de conditione personae. = Words spoken=20 of the person are to be understood of the condition of the person. 2 = Roll. R.=20 72.

Verba fortius accipientur contra proferentum. Words are to be taken = most=20 strongly against him who uses them. Bacon's Max. REg. 3; 1 Bouv. Inst. = n.=20 661.

Verba generalia generaliter sunt intelligenda. General words are to = be=20 generally understood. 3 Co. Inst. 76.

Verba ganeralia restringuntur ad habilitatem rei vel personae. = General words=20 must be confined or restrained to the nature of the subject or the = aptitude of=20 the person. Bacon's max. Reg. 10.

Verba intentioni, non e contra, debent inservire. Words ought to be = made=20 subservient to the intent, not contrary to it. 8 Co. 94.

Verba ita sunt intelligenda, ut res magis valeat quam pereat. Wrods = are to be=20 so understood that the subject-matter may be preserved rather than = destroyed.=20 Bacon's Max. in Reg. 3.

Verba nihil operandi melius est quam absurde. It is better that words = should=20 have no operation, than to operate absurdly.

Verba posteriora propter certitudinem addita, ad priora quae = certitudine=20 indigent, sunt referenda. Words added for the purpose of certainty are = to be=20 referred to preceding words, in which certainty is wanting.

Verga relata hac maximi operantur per referentiam ut in eis in esse = videntur.=20 Words referred to other words operate chiefly by the reference which = appears to=20 be impled towards them. Co. Litt. 359.

Veredictum, quasi dictum veritas; ut judicium quasi juris dictum. A = verdict=20 is, as it were, the saying of the truth, in the same manner that a = judgment is=20 the saying of the law. Co. Litt. 226.

Veritas demonstrationis tollit errorem nominis. The truth of the=20 demonstration removes the error of the name. Ld. Raym. 303. See = Legatee.

Veritas nihil veretur nisi abscondi. Truth fears nothing but = concealment. 9=20 co. 20.

Veritas nimium altercando amittitur. By too much altercation truth is = lost.=20 Hob. 344.

Veritatem qui non libere pronunciat, proditor est veritatis. He who = does not=20 speak the truth, is a traitor to the truth.

Vicarius non habet vicaruim. A deputy cannot appoint a deputy. = Branch's max.=20 38; Broom's max. 384; 2 Bouv. Inst. n. 1300.

Vigilantibus et non dormientibus serviunt leges. The laws serve the = vigilant,=20 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=20 exposition which gnaws or eats out the bowels of the text. 11 Co. = 34.

Vir et uxor consentur in lege una persona. Husband and wife are = considered=20 one person in law. Co. Litt. 112.

Vis legibus est inimica. Force is inimical to the laws. 3 Co. inst. = 176.

Vitium clerici nocere non debet. Clerical errors ought not to = hurt.

Voluit sed non dixit. he willed but did not say.

Voluntas testatoris ambulatoria est usque ad mortem. The will of a = testator=20 is ambulatory until his death; that is, he may change it at any time. = See 1=20 Bouv. inst. n. 83.

Voluntas in delictis non exitus spectatur. In offences, the will and = not the=20 consequences are to be looked to. 2 Co. inst. 27.

Voluntas reputabatur pro facto. The will is to be taken for the deed. = 3 Co.=20 Inst. 69.

Volunti non fit injuria. He who consents cannot receive an injury. 2 = Bouv.=20 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=20 preferred. 4 Co. 71.

When many join in one act, the law says it is the act of him who = could best=20 do it; and things should be done by him who has the best skill. Noy's = Max.=20 h.t.

When the law presumes the affirmative, the negative is to be proved. = 1 Roll.=20 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=C7pert. Regles=20 de Droit; Pow. Mint. Index, h. t.; Dane's Ab. Index, h. t.; Wooddes. = Lect. lxxi.=20 note; and collections of Bacon, Noy, Francis, Branch and Heath; Duval, = Le Droit=20 dans ses Maximes.

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

2. Whenever a statute directs the doing of a thing for the sake of = justice or=20 the public good, the word may is the same as shall. For example, the 23 = H. VI.=20 says, the sheriff may take bail, that is construed he shall, for he is=20 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=20 constitutions, are to be construed imperatively; 3. Atk. 166; but the=20 construction of those words in a deed depends on circumstances. 3 Atk. = 282. See=20 1 Vern. 152, case. 142 9 Porter, R. 390.

MAYHEM, crimes. The act of unlawfully and violently depriving = another=20 of the use of such of his members as may render him less able in = fighting either=20 to defend himself or annoy his adversary; and therefore the cutting or=20 disabling, or weakening a man's hand or finger, or striking out his eye = or=20 foretooth, or depriving him of those parts the loss of which abates his = courage,=20 are held to be mayhems. But cutting off the ear or nose or the like, are = not=20 held to be mayhems at common law. 4 Bl. Com. 205.

2. These and other severe personal injuries are punished by the = Coventry act,=20 (q. v.) which has been re-enacted in several of the states; Ryan's Med. = Jurispr.=20 191, Philad. ed. 1832; and by congress. Vide act of April 30, 1790, s. = 13, 1=20 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=20 pleadings by any other word; as, mutilavit, truncavit, &c. 3 Tho. = Co. Litt.=20 548.

MAYOR, officer. The chief or executive magistrate of a city = who bears=20 this title.

2. It is generally his duty to cause the laws of the city to be = enforeed, and=20 to superintend inferior officers, such as constables, watchmen and the = like. But=20 the power and authority which mayors possess being given to them by = local=20 regulations, vary in different places.

MAYOR'S COURT. The name of a court usually established in = cities,=20 composed of a mayor, recorder and aldermen, generally having = jurisdiction of=20 offences committed within the city, and of other matters specially given = them by=20 the statute.

MEASURE. That which is used as a rule to determine a quantity. = A=20 certain quantity of something, taken for a unit, and which expresses a = relation=20 with other quantities of the same thing.

2. The constitution of the United States gives power to congress to " = fix the=20 standard of weights and measures." Art. 1, B. 8. Hitherto this has = remained as a=20 dormant power, though frequently brought before the attention of = congress.

3. The states, it seems, possess the power to legislate on this = subject, or,=20 at least, the existing standards at the adoption of the constitution = remain in=20 full force. 3 Sto. Const. 21; Rawle on the Const. 102.

4. By a resolution of congress, of the 14th of June, 1836, the = secretary of=20 the treasury is directed to cause a complete set of all weights and = measures=20 adopted as standards, and now either made or in the progress of = manufacture, for=20 the use of the several custom-houses and for other purposes, to be = delivered to=20 the governor of each state in the Union, or to such person as he may = appoint,=20 for the use of the states respectively, to the end that an uniform = standard of=20 weights and measures may be established throughout the United = States.

5. Measures are either, 1. Of length. 2. Of surface. 3. Of solidity = or=20 capacity. 4. Of force or gravity, or what is commonly called weight. (q. = v.) 5.=20 Of angles. 6. Of time. The measures now used in the United States, are = the same=20 as those of England, and are as follows

                        1. MEASURES OF LENGTH.
  12 inches =3D l foot
   3 feet =3D l yard
   51/2 yards =3D l rod or pole
  40 poles =3D 1 furlong
   8 furlongs =3D l mile=20
  69 1/15 miles =3D l degree of a great circle
     of the earth.

An inch is the smallest lineal measure to which a name is given, but=20 subdivisions are used for many purposes. Among mechanics, the inch is = commonly=20 divided into eighths. By the officers of the revenue and by scientific = persons,=20 it is divided into tenths, hundredths, &c. Formerly it was made to = consist=20 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 =3D 2 1/4 inches
  1 quarter =3D 4 inches=20
  1 yard =3D 4 quarters
  1 ell =3D 5 quarters. 2d. used for the height of horses.
  1 hand =3D 4 inches. 3d. Used in measuring depths.
  1 fathom =3D 6 feet.

4th. Used in land measure, to facilitate computation of the contents, = 10=20 square chains being equal to an acre.

1 link =3D 7 92/100 inches
  1 chain =3D 100 links.                    6.-2. MEASURES OF =
SURFACE.144 square inches =3D l square foot
    9 square feet =3D l square yard
   30 1/4 square yards =3D l perch or rod
   40 perches =3D l rood
    4 roods or 160 perches =3D l acre
  640 acres--l square mile.             7. - 3. MEASURES OF SOLTDITY AND =
CAPACITY.1st. Measures of solidity.1728 cubic inches =3D l cubic foot
    27 cubic feet =3D l cubic yard.

2d. Measures of capacity for all liquids, and for all goods, not = liquid,=20 except such as are comprised in the next division.

4 gills =3D l pint =3D 34 2/3 cubic inches nearly.
  2 pints =3D l quart =3D 691/2         "       "
  4 quarts =3D 1 gallon =3D 277 1/4     "       "=20
  2 gallons =3D l peck =3D 554 1/2      "       "
  8 gallons=3D 1 bushel =3D 2218 1/2    "       "
  8 bushels =3D l quarter =3D 10 1/4 cubic feet "
  5 quarters =3D l load =3D 51 1/2      "       "

The last four denominations are used only for goods, not liquids. For = liquids, several denominations have heretofore been adopted, namely, for = beer,=20 the firkin of 9 gallons, the kilderkin of 18 , the barrel of 36, the = hogshead of=20 54; and the butt of 108 gallons. For wine or spirits there are the = anker,=20 runlet, tierce, hogshead, puncheon, pipe, butt, and tun; these are, = however,=20 rather the names of the casks, in which the commodities are imported, = than as=20 express any definite number of gallons. It is the practice to gauge all = such=20 vessels, and to charge them according to their actual contents.

3d. Measures of capacity, for coal, lime, potatoes, fruit, and other=20 commodities, sold by heaped measure.

 2 gallons =3D 1 peck-704 =
cubic in. nearly.
   8 gallons =3D 1 bushel=3D28151/2  "     "
   3 bushels =3D 1 sack =3D 41 cubic feet  "
  12 sacks=3Dl chaldron =3D 58 2/3   "     "8.-4. MEASURES OF WEIGHTS. =
See art. Weights.9.-5., ANGULAR MEASURE; or, DIVISION OF THE CIRCLE.
  60 seconds =3D l minute
  60 minutes =3D l degree
  30 degrees =3D 1 sign=20
  90 degrees =3D 1 quadrant
 360 degrees, or 12 signs =3D 1 circumference.

Formerly the subdivisions were carried on by sities; thus, the second = was=20 divided into 60 thirds, the third into sixty fourths, &c. At = present, the=20 second is more generally divided decimally into tens, hundreds, &c. = The=20 degree is frequently so divided.

or 10. - 6. MEASURE OF TIME.60 seconds =3D 1 minute 60 minutes =3D 1 = hour 24=20 hours =3D l day 7 days =3D 1 week 28 days, or 4 weeks =3D 1 lunar month = 28, 29, 30, or=20 31 days =3D 1 calendar month 12 calendar months =3D 1 year 365 days =3D = 1 common year=20 366 day =3D l leap year. The second of time is subdivided like that of = angular=20 measure.

FRENCH MEASURES.

11. As the French system of weights and measures is the most = scientific plan=20 known, and as the commercial connexions of the United States with France = are=20 daily increasing, it has been thought proper here to give a short = account of=20 that system.

12. The fundamental, invariable, and standard measure, by which all = weights=20 and measures are formed, is called the metre, a word derived from the = Greek ,=20 which signifies measure. It is a lineal measure, and is equal to 3 feet, = 0=20 inches, 44/1000, Paris measure, or 3 feet, 3 inches, 370/1000 English. = This unit=20 is divided into ten parts; each tenth, into ten hundreths; each = hundreth, into=20 ten thousandths, &c. These divisions, as well as those of all other = mea-=20 sures, are infinite. As the standard is to be invariable, something has = been=20 sought, from which to make it, which is not variable or subject to any = change.=20 The fundamental base of the metre is the quarter of the terrestrial = meridian, or=20 the distance from the pole to the equator, which has been divided into = ten=20 millions of equal parts, one of which is the length of the metre. All = the other=20 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;=20 that is, if a vase is made of a cubic form, of a decimetre every way, it = would=20 be of the capacity of a litre. This is divided by tenths, as the metre. = The=20 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,=20 at the temperature of zero; that is, if a vase be made of a cubic form, = of a=20 hundredth part of a metre every way, and it be filled with distilled = water, the=20 weight of that water will be that of the gramme.

4. MEASURES OF SURFACES.

15. The arc, used in surveying. This is a square, the sides of which = are of=20 the length of ten metres, or what is equal to one hundred square metres. = Its=20 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=20 subdivisions are similar to the preceding. The term is used only for = measuring=20 fire-wood. For the measure of other things, the term cube metre, or = cubic metre=20 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,=20 and one-tenth of copper. Its tenth part is called a decime, and its = hundredth=20 part a centime.

18. One measure being thus made the standard of all the rest, they = must be=20 all equally invariable; but, in order to make this certainty perfectly = sure, the=20 following precautions have been adopted. As the temperature was found to = have an=20 influence on bodies, the term zero, or melting ice, has been selected in = making=20 the models or standard of the metre. Distilled water has been chosen to = make the=20 standard of the gramme, as being purer, and less encumbered with foreign = matter=20 than common water. The temperature having also an influence on a = determinate=20 volume of water, that with which the experiments were made, was of the=20 temperature of zero, or melting ice. The air, more or less charged with=20 humidity, causes the weight of bodies to vary, the models which = represent the=20 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=20 uniform, namely by tens, or decimal fractions, they may therefore be = written as=20 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=20 but these names always indicate the value of the fraction, and the unit = from=20 which it is derived. To the name of the unit have been prefixed the = particles=20 deci, for tenth, centi, for hundredth, and milli, for thousandth. They = are thus=20 expressed, a decimetre, a decilitre, a decigramme, a decistere, a = deciare, a=20 centimetre, a centilitre, a centigramme, &c. The facility with which = the=20 divisions of the unit are reduced to the same expression, is very = apparent; this=20 cannot be done with any other kind of measures.

21. As it may sometimes be necessary to express great quantities of = units,=20 collections have been made of them in tens, hundreds, thousands, tens of = thousands, &c., to which names, derived from the Greek, have been = given;=20 namely, deca, for tens hecto, for hundreds; kilo, for thousands and = myria, for=20 tens of thousands; they are thus expressed; a decametre, a decalitre, = &c.; a=20 hectometre, a hectogramme, &c.; a kilometre, a kilogramme, = &c.

22. The following table will facilitate the reduction of these = weights and=20 measures into our own.

=20
 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=20 control a jury in adjusting or proportioning the damages, in certain = cases. 1=20 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=20 principal to Iiis agent. For example, the general authority given to = collect,=20 receive and pay debts due by or to the principal is a primary power. In = order to=20 accomplish this it is frequently required to settle accounts, adjust = disputed=20 claims, resist those which are unjust, and answer and defend suits; = these=20 subordinate powers are sometimes called mediate powers. Story, Ag. 58. = See=20 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,=20 who brings them to agree, compromise or settle their disputes. Vattel, = Droit des=20 Gens, liv. 2, eh. 18, 328.

MEDIATOR. One who interposes between two contending parties, = with=20 their consent, for the purpose of assisting them in settling their = differences.=20 Sometimes this term is applied to an officer who is appointed by a = sovereign=20 nation to promote the settlement of disputes between two other nations. = Vide=20 Minister; Mediator.

MEDICAL JURISPRUDENCE. That science which applies the = principles and=20 practice of the different branches of medicine to the elucidation of = doubtful=20 questions in courts of justice. By some authors, it is used in a more = extensive=20 sense and also comprehends Medical Police, or those medical precepts = which may=20 prove useful to the legislature or the magistracy. Some authors, instead = of=20 using the phrase medical jurisprudence, employ, to convey the same idea, = those=20 of legal medicine, forensic medicine, or, as the Germans have it, state=20 medicine.

2. The best American writers on this subject are Doctors T. R. Beck = and J. B.=20 Beck, Elements of Medical Jurisprudence; Doctor Thomas Cooper; Doctor = James S.=20 Stringham, who was the first individual to deliver a course of lectures = on=20 medical jurisprudence, in this country; Doctor Charles Caldwell. Among = the=20 British writers may be enumerated Doctor John Gordon Smith; Doctor Male; = Doctor=20 Paris and Mr. Fonblanque, who published a joint work; Mr. Chitty, and = Dr. Ryan.=20 The French writers are numerous; Briand, Biessy, Esquirol, Georget, = Falret,=20 Trebuchet, Mare, and others, have written treatises or published papers = on this=20 subject; the learned Fodere published a work entitled "Les Lois = eclairees par=20 les sciences physiques ou Trait=C7 de M=C7d=C7cine L=C7gale et = d'hygi=C7ne publique;" the=20 "Annale d'hygi=C7ne et de M=C7d=C7cine Legale," is one of the most = valued works on=20 this subject. Among the Germans may be found Rose's Manual on Medico = Legal=20 Dissection; Metzger's Principles of Legal Medicine, and others. The = reader is=20 referred for a list of authors and their works on Medical Jurisprudence, = to=20 Dupin, Profession d'Avocat, tom. ii., p. 343, art. 1617 to 1636, bis. = For a=20 history of the rise and progress of Medical Jurisprudence, see Traill, = Med. Jur.=20 13.

MEDICINE CHEST. A box containing an assortment of = medicines.

2. The act of congress for the government and regulation of seamen in = the=20 merchant service, sect. 8, 1 Story's L. U. S. 106, directs that every = ship or=20 vessel, belonging to a citizen or citizens of the United States, of the = burthen=20 of one hundred and fifty tons or upwards, navigated by ten or more = persons in=20 the whole, and bound on a voyage without the limits of the United = States, shall=20 be provided with a chest of medicines, put up by some apothecary of = known=20 reputation, and accompanied by directions for administering the same; = and the=20 said medicines shall be examined by the same or some other apothecary, = once, at=20 least, in every year, and supplied with fresh medicines in the place of = such as=20 shall have been used or spoiled; and in default of having such medicine = chest so=20 provided, and kept fit for use, the master or commander of such ship or = vessel=20 shall provide and pay for all such advice, medicine, or attendance of=20 physicians, as any of the crew shall stand in need of in case of = sickness, at=20 every port or place where the ship or vessel may touch or trade at = during the=20 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=20 Story's Laws U. S. 971, it is provided that all the provisions, = regulations, and=20 penalties, which are contained in the eighth section of the act, = entitled "An=20 act for the, government and regulation of seamen in the merchants' = service," so=20 far as relates to a chest of medicines to be provided for vessels of one = hundred=20 and fifty tons burthen and upwards, shall be extended to all merchant = vessels of=20 the burthen of seventy-five tons or upwards, navigated with six persons, = or=20 more, in the whole, and bound from the United States to any port or = ports in the=20 West Indies.

MEDIETAS LINGUAE. Half tongue. This expression was used to = signify=20 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=20 linguae is used in but a few if any of the United States. Dane's Ab. = vol. 6, c.=20 182, a, 4, n. 1. Vide 2 Johns. R. 381; 1 Chit. Cr. Law, 525; Bac. Ab. = Juries, E=20 8.

MELANCHOLIA, med. jur. A name given by the ancients to a = species of=20 par- tial intellectual mania, now more generally known by the name of = monomania.=20 (q. v.) It bore this name because it was supposed to be always attended = by=20 dejection of mind and gloomy ideas. Vide Mania.,

MELIORATIONS, Scotch law. Improvements of an estate, other = than mere=20 repairs; betterments. (q. v.) 1 Bell's Com. 73.

MELIUS INQUIRENDUM VEL INQUIRENDO. English practice. A writ = which in=20 certain cases issues after an imperfect inquisition returned on a capias = utlugatum in outlawry. This melius inquirendum commands the sheriff to = summon=20 another inquest in order that the value, &c., of lands, &c., may = be=20 better or more cor- rectly ascertained. Its use is rare.

MEMBER. This word has various significations: 1. The limits of = the=20 body use- ful in self-defence. Membrum est pars corporis habens = destinatum=20 operationem in corpore. Co. Litt. 126 a. See Limbs.

2. - 2. An individual who belongs to a firm, partnership, company or=20 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=20 court.

MEMBER OF CONGRESS. A member of the senate or house of = representatives=20 of the United States.

2. During the session of congress they are privileged from arrest, = except for=20 treason, felony, or breach of the peace; they receive a compensation of = eight=20 dollars per day while in session, besides mileage. (q. v.)

3. They are authorized to frank letters and receive them free of = postage for=20 sixty days before, during, and for sixty days after the session.

4. They are prohibited from entering into any contracts with the = United=20 States, directly or indirectly, in whole or in part for themselves and = others,=20 under the penalty of three thousand dollars. Act of April 21, 1808, 2 = Story's L.=20 U. S. 1091. Vide Congress; Frank.

MEMBERS, English law. Places where a custom-house has been = kept of old=20 time, with officers or deputies in attendance; and they are lawful = places of=20 exportation or importation. 1 Chit. Com. L. 726.

MEMORANDUM. Literally, to be remembered. It is an informal = instrument=20 recording some fact or agreement, so called from its beginning, when it = was made=20 in Latin. It is sometimes commenced with this word, though written in = English;=20 as "Memorandum, that it is agreed," or it is headed with the words, "Be = it=20 remembered that," &c. The term memorandum is also applied to the = clause of=20 an instrument.

MEMORANDUM, insurance. A clause in a policy limiting the = liability of=20 the insurer. Its usual form is as follows, namely, "N. B. Corn, fish, = salt,=20 fruit, flour and seed, are warranted free from average, unless general, = or the=20 ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are = warranted=20 free from average, under five percent; and all other goods, also the = ship and=20 freight, are warranted free from average, under three percent unless = general, or=20 the ship be stranded." Marsh. Ins.223; 5 N. S. 293; Id. 540; 4 N. S. = 640; 2 L.=20 R. 433; Id. 435.

MEMORANDUM OR NOTE. These words are use in the 4th section of = the=20 statute 29 Charles II., c. 3, commonly called the statute of frauds and=20 perjuries, which enact, that "no action shall be brought whereby to = charge any=20 person upon any agreement made upon consideration of marriage, or upon = any=20 contract or sale of lands, tenements, or hereditaments, or any interest = in or=20 concerning them, unless the agreement upon which such action shall he = brought,=20 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=20 general rule seems to be that the contract must be stated with = reasonable=20 certainty in the memorandum or note so that it can be understood from = the=20 writing itself, without having recourse to parol proof. 3 John., R. 399; = 2 Kent,=20 Com. 402; Cruise, Dig. t. 32, c. 3, s. 18. See 1 N. R. 252; 3 Taunt. = 169; 15=20 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=20 tem- porary loan from another, to give the lender a check on a bank, = with the=20 express or implied agreement that it shall be redeemed by the maker = himself, and=20 that it shall not be presented at the bank for payment. If passed to a = third=20 person, it will be valid in his hands, like any other check. 11 Paige, = R.=20 612.

MEMORIAL. A petition or representation made by one or more = individuals=20 to a legislative or other body. When such instrument is addressed to a = court, it=20 is called a petition.

MEMORY. Understanding; a capacity to make contracts, a will, = or to=20 commit a crime, so far as intention is necessary.

2. Memory is sometimes employed to express the capacity of the = understanding,=20 and sometimes its power; when we speak of a retentive memory, we use it = in the=20 former sense; when of a ready memory, in the latter. Shelf. on Lun. = Intr. 29,=20 30.

3. Memory, in another sense, is the reputation, good or bad, which a = man=20 leaves at his death. This memory, when good, is highly prized by the = relations=20 of the deceased, and it is therefore libelous to throw a shade over the = memory=20 of the dead, when the writing has a tendency to create a breach of the = peace, by=20 inciting the friends and relations of the deceased to avenge the insult = offered=20 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=20 altered by 2 & 3 Wm. IV., c. 71, the time of memory commenced from = the reign=20 of Richard the First, A. D. 1189. 2 Bl. Com. 31.

2. But proof of a regular usage for twenty years, not explained or=20 contradicted, is evidence upon which many public and private rights are = held,=20 and sufficient for a jury in finding the existence of an immemorial = custom or=20 prescription. 2 Saund. 175, a, d; Peake's Ev. 336; 2 Price's R. 450; 4 = Price's=20 R. 198.

MENACE. A threat; a declaration of an intention to cause evil = to=20 happen to another.

2. When menaces to do an injury to another have been made, the party = making=20 them may, in general, be held to bail to keep the peace; and, when = followed by=20 any inconvenience or loss, the injured party has a civil action against = the=20 wrong doer. Com. Dig. Battery, D; Vin. Ab. h. t.; Bac. Ab. Assault; Co. = Litt.=20 161 a, 162 b, 253 b; 2 Lutw. 1428. Vide Threat.

MENIAL. This term is applied to servants who live under their = master's=20 roof Vide stat. 2 H. IV., c. 21.

MENSA. This comprehends all goods and necessaries for = livelihood.=20 Obsolete.

MENSA ET THORO. The phrase a mensa et thoro is applied to a = divorce=20 which separates the husband and wife but does not dissolve the marriage. = Vide=20 Divorce.

MERCHANDISE. By this term is understood all those things which = merchants sell either wholesale or retail, as dry goods, hardware, = groceries,=20 drugs, &c. It is usually applied to personal chattels only, and to = those=20 which are not required for food or immediate support, but such as remain = after=20 having been used or which are used only by a slow consumption. Vide = Pardess. n.=20 8; Dig. 13, 3, 1; Id. 19, 4, 1; Id. 50, 16, 66. 8 Pet. 277; 2 Story, R. = 16, 53,=20 54; 6 Wend. 335.

MERCHANT. One whose business it is to buy and sell = merchandise; this=20 applies to all persons who habitually trade in merchandise. 1 Watts = & S.=20 469; 2 Salk. 445.

2. In another sense, it signifies a person who owns ships, and = trades, by=20 means of them, with foreign nations, or with the different States of the = United=20 States; these are known by the name of shipping merchants. Com. Dig. = Merchant,=20 A; Dyer, R. 279 b; Bac. Ab. h. t.

3. According to an old authority, there are four species of = merchants,=20 namely, merchant adventurers, merchant dormant, merchant travellers, and = merchant residents. 2 Brownl. 99. Vide, generally, 9 Salk. R. 445; Bac. = Ab. h.=20 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=20 term is used in opposition to a ship of war.

MERCHANTS' ACCOUNTS. In the statute of limitations, 21 Jac. 1. = c. 16,=20 there is an exception which has been copied in the acts of the = legislatures of a=20 number of the States, that its provisions shall not apply to such = accounts as=20 concern trade and merchandise between merchant and merchant, their = factors or=20 servants.

2. This exception, it has been holden, applies to actions of = assumpsit as=20 well as to actions of account. 5 Cranch, 15. But to bring a case within = the=20 exception, there must be an account, and that account open and current, = and it=20 must concern trade. 12 Pet. 300. See 6 Pet. 151; 5 Mason, R. 505; Bac. = Ab.=20 Limitation of Actions, E 3; and article Limitation.

MERCY, Practice. To be in mercy, signifies to be liable to = punishment=20 at the discretion of the judge.

MERCY, crim. law. The total or partial remission of a = punishment to=20 which a convict is subject. When the whole punishment is remitted, it is = called=20 a pardon; (q. v.) when only a part of the punishment is remitted, it is=20 frequently a conditional pardon; or before sentence, it is called = clemency or=20 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=20 ventre sa mere, which signifies; a child unborn, or in the womb.

MERGER. Where a greater and lesser thing meet, and the latter = loses=20 its separate existence and sinks into the former. It is applied to = estates,=20 rights, crimes, and torts.

MERGER, estates. When a greater estate and less coincide and = meet in=20 one and the same person, without any intermediate estate, the less is=20 immediately merged, that is, sunk or drowned in the latter; example, if = there be=20 a tenant for years, and the reversion in fee simple descends to, or is = purchased=20 by him, the term of years is merged in the inheritance, and no longer = exists;=20 but they must be to one and the same person, at one and the same time, = in one=20 and the same right. 2 BL Com. 177; 3 Mass. Rep. 172; Latch, 153; Poph. = 166; 1=20 John. Ch. R. 417; 3 John. Ch. R. 53; 6 Madd. Ch. R. 119.

2. The estate in which the merger takes place, is not enlarged by the = accession of the preceding estate; and the greater, or only subsisting = estate,=20 continues, after the merger, precisely of the same quantity and extent = of=20 ownership, as it was before the accession of the estate which is merged, = and the=20 lesser estate is extinguished. Prest. on Conv. 7. As a general rule, = equal=20 estates will not drown in each other.

3. The merger is produced, either from the meeting of an estate of = higher=20 degree, with an estate of inferior degree; or from the meeting of the = particular=20 estate and the immediate reversion, in the same person. 4 Kent, Com. 98. = Vide 3=20 Prest. on Conv. which is devoted to this subject. Vide, generally, Bac. = Ab.=20 Leases, &c. R; 15 Vin. Ab. 361; Dane's Ab. Index, h. t.; 10 Verm. R. = 293;; 8=20 Watts, R. 146; Co. Litt. 338 b, note 4; Hill. Ab. Index, h. t.; Bouv. = Inst;=20 Index, h. t.; and Confusion; Consolidation; Unity of Possession.

MERGER, crim. law. When a man commits a great crime which = includes a=20 lesser, the latter is merged in the former.

2. Murder, when committed by blows, necessarily includes an assault = and=20 battery; a battery, an assault; a burglary, when accompanied with a = felonious=20 taking of personal property, a larceny in all these, and similar cases, = the=20 lesser crime is merged in the greater.

3. But when one offence is of the same character with the other, = there is no=20 merger; as in the case of a conspiracy to commit a misdemeanor, and the=20 misdemeanor is afterwards committed in pursuance of the conspiracy. The = two=20 crimes being of equal degree, there can be no legal merger. 4 Wend. R. = 265. Vide=20 Civil Remedy.

MERGER, rights. Rights are said to be merged when the same = person who=20 is bound to pay is also entitled to receive. This is more properly = called a=20 confusion of rights, or extinguishment.

2. When there is a confusion of rights, and the debtor and creditor = become=20 the same person, there can be no right to put in execution; but there is = an=20 immediate merger. 2 Ves. jr. 264. Example: a man becomes indebted to a = woman in=20 a sum of money, and afterwards marries her, there is immediately a = confusion of=20 rights, and the debt is merged or extinguished.

MERGER, torts. Where a person in committing a felony also = commits a=20 tort against a private person; in this case, the wrong is sunk in the = felony, at=20 least, until after the felon's conviction.

2. The old maxim that a trespass is merged in a felony, has sometimes = been=20 supposed to mean that there is no redress by civil action for an injury = which=20 amounts to a felony. But it is now established that the defendant is = liable to=20 the party injured either after his conviction; Latch, 144; Noy, 82; W. = Jones,=20 147; Sty. 346; 1 Mod. 282; 1 Hale, P. C. 546; or acquittal. 12 East, R. = 409; 1=20 Tayl. R. 58; 2 Hayw. 108. If the civil action be commenced before, the = plaintiff=20 will be nonsuited. Yelv. 90, a, n. See Hamm. N. P. 63; Kely. 48; Cas. = Tempt.=20 Hardw. 350; Lofft. 88; 2 T.R. 750; 3 Greenl. R. 458. Butler, J., says, = this=20 doctrine is not extended beyond actions of trespass or tort. 4 T. R. = 333. See=20 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=20 the right of action of any person injured by any felony, shall not, in = any case,=20 be merged in such felony, or be in any manner affected thereby. In = Kentucky, Pr.=20 Dec. 203, and New Hampshire, 6 N. H. Rep. 454, the owner of stolen = goods, may=20 immediately. pursue his civil remedy. See, generally, Minor, 8; 1 Stew. = R. 70;=20 15 Mass. 336; Coxe, 115; 4 Ham. 376; 4 N. Hanp. Rep. 239; 1 Miles, R. = 212; 6=20 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=20 cause, and not upon technical grounds only; there is, therefore, a = difference=20 between a good defence, which may be technical or not, and a defence on = the=20 merits. 5 B. & Ald. 703 1 Ashm. R. 4; 5 John. R. 536; Id. 360; 3 = John. R.=20 245 Id. 449; 6 John. R. 131; 4 John. R. 486; 2 Cowen, R. 281; 7 Cowen, = R. 514; 6=20 Wend. R. 511; 6 Cowen, R. 895.

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

MESCROYANT. Used in our ancient books. An unbeliever. Vide=20 Infidel.

MESE. An ancient word used to signify house, probably from the = French=20 maison; it is said that by this word the buildings, curtilage, orchards = and=20 gardens will pass. Co. Litt. 56.

MESNE. The middle between two extremes, that part between the=20 commencement and the end, as it relates to time.

2. Hence the profits wbich a man receives between disseisin and = recovery of=20 lands are called mesne profits. (q. v.) Process which is issued in a = suit=20 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=20 hold lordships or manors of some superior wbo is called lord paramount, = and=20 grant the same to inferior persons, are called mesne lords.

MESNE PROCESS. Any process issued between original and final = process;=20 that is, between the original writ and the execution. See Process, = mesne.

MESNE PROFITS, torts, remedies. The value of the premises, = recovered=20 in ejectment, during the time that the lessor of the plaintiff has been=20 illegally kept out of the possession of his estate by the defendant; = such are=20 properly recovered by an action of trespass, quare clausum fregit, after = a=20 recovery in ejectment. 11 Serg. & Rawle, 55; Bac. Ab. Ejectment, H; = 3 Bl.=20 Com. 205.

2. As a general rule, the plaintiff is entitled to recover for such = time as=20 be can prove the defendant to have been in possession, provided he does = not go=20 back beyond six years, for in that case, the defendant may plead the = statute of=20 limitations. 3 Yeates' R, 13; B. N. P. 88.

3. The value of improvements made by the defendant, may be set off = against a=20 claim for mesne profits, but profits before the demise laid, should be = first=20 deducted from the value of the improvement's. 2 W. C. C. R. 165. Vide,=20 generally, Bac. Ab. Ejectment, H; Woodf. L. & T. ch. 14, s. 3; 2 = Sell. Pr.=20 140; Fonbl. Eq. Index, h. t.; Com. L & T. Index, h. t.; 2 Phil. Ev. = 208;=20 Adams on Ej. ch. 13; Dane's Ab. Index, h. t.; Pow. Mortg. Index, h. t.; = Bouv.=20 Inst. Index, h. t.

MESNE, WRIT of. The name of an ancient writ, which lies when: = the lord=20 para- mount distrains on the tenant paravail; the latter shall have a = writ of=20 mesne against the lord who is mesne. F. N. B. 316.

MESSENGER. A person appointed to perform certain duties, = generally of=20 a ministerial character.

2. In England, a messenger appointed under the bankrupt laws, is an = officer=20 who is authorized to execute the lawful commands of commissioners of=20 bankrupts.

MESSUAGE, property. This word is synonymous with = dwelling-house; and a=20 grant of a messuage with the appurtenances, will not only pass a house, = but all=20 the buildings attached or belonging to it, as also its curtilage, garden = and=20 orchard, together with the close on which the house is built. 1 Inst. 5, = b.; 2=20 Saund. 400; Ham. N. P. 189; 4 Cruise, 321; 2 T. R. 502; 1 Tho. Co. Litt. = 215,=20 note 35; 4 Blackf. 331. But see the cases cited in 9 B. & Cress. = 681; S. C.=20 17 Engl. Com. L. R. 472. This term, it is said, includes a church. 11 = Co. 26; 2=20 Esp. N. P. 528; 1 Salk. 256; 8 B. & Cress. 25; S. C. 15 Engl. Com. = L. Rep.=20 151. Et vide 3 Wils. 141; 2 Bl. Rep. 726; 4 M. & W. 567; 2 Bing. N. = C. 617;=20 1 Saund. 6. METHOD. The mode of operating or the means of attaining an = object.=20 2. It has been questioned whether the method of making a thing can be = patented.=20 But it has been considered that a method or mode may be the subject of a = patent,=20 because, when the object of two patents or effects to be produced is = essentially=20 the same, they may both be valid, if the modes of attaining the desired = effect=20 are essentially different. Dav. Pat. Cas. 290; 2 B. & Ald. 350; 2 H. = Bl.=20 492; 8 T. R. 106; 4 Burr. 2397; Gods. on Pat. 85; Perpigna, Manuel des=20 Inventeurs, &c., c. 1, sect. 5, 1, p. 22.

METRE or METER. This word is derived from the Greek, and = signifies a=20 measure.

2. This is the standard of French measure.

3. The fundamental base of the metre is the quarter of the = terrestrial=20 meridian, or the distance from the pole to equator, which has been = divided into=20 ten millions of equal parts, one of which is of the length of the metre. = The=20 metre is equal to 3.28 feet, or 39.371 inches. Vide Measure.

MEUBLES MEUBLANS. A French term used in Louisiana, which = signifies=20 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=20 bore this name, sometimes also called the witena gemot, or assembly of = wise men;=20 in aftertimes, this assembly assumed the name of parliament. Vide 1 Bl. = Comm.=20 147.

MICHAELMAS TERM. Eng. law. One of the four terms of the = courts; it=20 begins on the 2d day of November, and ends on the 25th of November. It = was=20 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=20 state was admitted into the Union by the Act, of Congress of January = 26th, 1837,=20 Sharsw. cont. of Story's L. U. S. 2531, which enacts "that the state of = Michigan=20 shall be one and is hereby declared to be one, of the United States of = Amaerica,=20 and admitted into the Union on an equal footing with the original = states, in all=20 respects whatever."

2. The first constitution of this state was adopted by a convention = of the=20 people, begun and held at the capital in the city of Detroit, on Monday, = the=20 eleventh day of May, 1835. This was superseded by the present = constitution,=20 which was adopted 1850. It provides, article 3, l; The powers of the = government=20 shall be divided into three distinct departments; the legislative, the=20 executive, and the judicial; and one department shall never exercise the = powers=20 of another, except in such cases as are expressly provided for in this=20 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=20 representatives.

4. - 6. No person holding any office under the United States [or this = state]=20 or any county office, except notaries public, officers of the militia = and=20 officers elected by townships, shall be eligible to, or have a seat in = either=20 house of the legislature, and all votes given for any such person shall = be=20 void.

5. - 7. Senators and representatives shall, in all cases except = treason,=20 felony, or breach of the peace, be privileged from arrest, nor shall = they be=20 subject to any civil process, during the session of the legislature, nor = for=20 fifteen days next before the commencement and after the terraination of = each=20 session. They shall not be questioned in any other place for any speech = in=20 either house.

6. - 8. A majority of each house shall constitute a quorum to do = business;=20 but a smaller number may adjourn from day to day, and may compel the = attendance=20 of absent members, in such manner and under such penalties as each house = may=20 provide.

7. - 9. Each house shall choose its own officers, determine the rules = of its=20 proceeding, and judge of the qualifications, elections, and return of = its own=20 members and may, with the concurrence of two-thirds of all the members = elected,=20 expel a member; no member shall be expelled a second time for the same = cause,=20 nor for any cause known to his constituents antecedent to his election. = The=20 reason for such expulsion shall be entered upon the journal, with the = names of=20 the members voting on the question.

8. - 10. Each house shall keep a journal of its proceedings, and = publish the=20 same, except such parts as may require secrecy; the yeas and nays of the = members=20 of either house, on any question, shall be entered on the journal at the = request=20 of one-fifth of the members present. Any member of either house may = dissent from=20 and protest against any act, proceeding or resolution which he may deem=20 injurious to any person or the public, and have the reason of his = dissent=20 entered on the journal.

9. - 11. In all elections by either house, or in joint convention, = the votes=20 shall be given viva voce. All votes on nominations to the senate shall = be taken=20 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=20 require secrecy; neither house shall, without the consent of the other, = adjourn=20 for more than three days, nor to any other place than where the = legislature may=20 then be in session.

11. - 1st. In considering the house of representatives, it will be = proper to=20 take a view of the qualifications of members; the qualification of the = electors;=20 the number of members; the time for wbich they are elected.

12. - 1. The representatives must be citizens of the United States, = and=20 qualified electors in the respective counties which they represent. Art. = 4,=20 S.

5. 2. In all elections, every white male citizen, every white male = inhabitant=20 residing in the state on the twenty-fourth day of June, one thousand = eight=20 hundred and thirty-five; every white male inhabitant residing in the = first day=20 of January, one thousand eight hundred and fifty, who has declared his = in-=20 tention to become a citizen of the United States pursuant to the laws = thereof=20 six months preceding an election, or who has resided in this state two = years and=20 six months and declared his intention as aforesaid and every civilized = male=20 inhabitant of Indian descent, a native of the United States, and not a = member of=20 any tribe, shall be an elector and entitled to vote; but no citizen or=20 inhabitant shall be an elector or entitled to vote at any election, = unless he=20 shall be above the age of twenty-one years, and has resided in this = state three=20 months and in the township or ward in which he offers to vote ten days = next=20 preceding such election. Art. 7, 1. 3. The house of representatives = shall=20 consist of not less than sixty-five nor more than one hundred members. = Art. 4,=20 s. 3. 4. The election of representatives, pursuant to the provisions of = this=20 constitution, shall be held on the Tuesday succeeding the first Monday = of=20 November, in the year one thousand eight hundred and fifty-two, and on = the=20 Tuesday succeeding the first Monday of November of every second year = thereafter.=20 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=20 be citizens of the United States, and be qualified electors in the = district=20 which they represent. Art. 4, s. 5. 2. They are elected by the electors = of=20 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=20 same time and in the same manner as the representatives are required to = be=20 chosen. Art. 4, section 2, 34.

14. - 2. The executive department is regulated by the fifth article = of the=20 constitution as follows, namely:

1. The executive power is vested in a governor, who shall hold his = office for=20 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=20 governor, who has not been five years a citizen of the United States, = and a=20 resident of this state two years next preceding the election; nor shall = any=20 person be eligible to either office who has not attained the age of = thirty=20 years.

16. - 3. The governor and lieutenant governor shall be elected at the = times=20 and places of choosing members of the legislature. The Person having the = highest=20 number of votes for governor and lieutenant governor shall be elected; = in case=20 two or more persons have an equal and the highest number of votes for = governor=20 or lieutenant governor, the legislature shall by joint vote choose one = of such=20 persons.

17. - 4. The governor shall be commander-in-chief of the military and = naval=20 forces, and may call out such forces to execute the laws, to suppress=20 insurrections and to repel invasions.

18. - 5. He shall transact all necessary; business with the officers = of=20 government; and may require information, in writing, from the officers = of the=20 executive department, upon any subject relating to the duties of their=20 respective offices.

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

20. - 7. He may convene the legislature on extraordinary = occasions.

21. - 8. He shall give to the legislature, and at the close of his = official=20 term to the next legislature, information by message of the condition of = the=20 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=20 government becomes dangerous from disease or a common enemy.

23. - 0. He shall issue writs of election to fill such vacancies as = occur in=20 the senate or house of representatives.

24. - 1. He may grant reprieves, commutations and pardons after = convictions,=20 for all offences except treason and cases of impeachment, upon such = conditions,=20 and with such restrictions and limitations, as he may think proper, = subject to=20 regulations provided by law, relative to the manner of ap- plying for = pardons.=20 Upon conviction for treason, he may suspend the execution of the = sentence until=20 the case shall be reported to the legislature at its next session, when = the=20 legislature shall either pardon, or commute the sentence, direct the = execution=20 of the sentence, or grant a further reprieve. He shall communicate to = the=20 legislature at each session information of each case of reprieve, = commutation or=20 pardon granted, and the reasons therefor.

25. - 12. In case of the impeachment of the governor, his removal = from=20 office, death, inability, resignation, or absence from the state, the = powers and=20 duties of the office shall devolve upon the lieutenant governor for the = residue=20 of the term, or until the disability ceases. When the governor shall be = out of=20 the state in time of war, at the head of a military force thereof, he = shall=20 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=20 governor die, resign, be impeached, displaced, be incapable of = performing the=20 duties of his office, or absent from the state, the president pro = tempore of the=20 senate shall act as governor until the vacancy be filled, or the = disability=20 cease.

27. - 14. The lieutenant governor shall, by virtue of his office, be=20 president of the senate. In committee of the whole he may debate all = questions;=20 and when there is an equal division, he shall give the casting vote.

28. - 15. No member of congress, nor any person holding office under = the=20 United States, or this state, shall execute the office of governor.

29. - 16. No person elected governor or lieutenant governor shall be = eligible=20 to any office or appointment from the legislature, or either house = thereof,=20 during the time for which he was elected. All votes for either of them, = for any=20 such office, shall be void.

30.- 17. The lieutenant governor and president of the senate pro = tempore,=20 when performing the duties of governor, shall receive the same = compensation as=20 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=20 kept by the secretary of state.

32. - 19. All commissions issued to persons holding office under the=20 provisions of this constitution, shall be in the name and by the = authority of=20 the people of the state of Michigan, sealed with the great seal of the = state,=20 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=20 courts, in probate courts, and in justices of the peace. Municipal = courts of=20 civil and criminal jurisdiction may be established by the legislature in = cities.=20

34. - 2. For the term of six years, and thereafter, until the = legislature=20 otherwise provide, the judges of the several circuit courts shall be = judges of=20 the supreme court, four of whom shall constitute a quorum. A concurrence = of=20 three shall be necessary to a final decision. After six years the = legislature=20 may provide by law for the organization of a supreme court, with the=20 jurisdiction and powers prescribed in this constitution, to consist of = one chief=20 justice and three associate justices, to be chosen by the electors of = the state.=20 Such supreme court, when so organized, shall not be changed or = discontinued by=20 the legislature for eight years thereafter. The judges thereof shall be = so=20 classified that but one of them shall go out of office at the same time. = Their=20 term of office, shall be eight years.

35. - 3. The supreme court shall have a general superintending = control over=20 all inferior courts, and shall have power to issue writs of error, = habeas=20 corpus, mandamus, quo warrants, procedendo, and other original and = remedial=20 writs, and to hear and determine the same. In all other cases it shall = have=20 appellate jurisdiction only.

36. - 4. Four terms of the supreme court shall be held annually, at = such=20 times and places, as may be designated by law.

37. - 5. The supreme court shall, by general rules, establish, modify = and=20 amend the practice in such court and in the circuit courts, and, = simplify the=20 same. The legislature shall, as far as practicable, abolish distinctions = between=20 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=20 which the electors thereof shall elect one circuit judge, who shall hold = his=20 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=20 number of the same. No alteration or increase shall have the effect to = remove a=20 judge from office. In every additional circuit established the judge = shall be=20 elected by the electors of such circuit, and his term of office shall = continue=20 as provided in this constitution for judges of the circuit court.

40. - 8. The circuit courts shall have original jurisdiction in all = matters=20 civil and criminal, not excepted in this constitution, and not = probibited by=20 law; and, appellate jurisdiction from all inferior courts and tribunals, = and a=20 supervisory control of the same. They shall also have power to issue = writs of=20 habeas corpus, mandamus, injunction, quo warranto, certiorari, and other = writs=20 necessary to carry into effect their orders, judgments and decrees, and = give=20 there a general control over inferior courts and tribunals within their=20 respective jurisdictions.

41. - 9. Each of the judges of the circuit courts shall receive a = salary=20 payable quarterly. They shall be ineligible to any other than a judicial = office=20 during the term for which they are elected, and for one year thereafter. = All=20 votes for any person elected such judge for any office other than = judicial,=20 given either by the legislature or the people, shall be void.42. - 10. = The=20 supreme court may appoint a reporter of its decisions. The decisions of = the=20 supreme court shall be in writing, and signed by the judges concurring = therein.=20 Any judge dissenting there from, shall give the reasons of such dissent = in=20 writing, under his signature. All such opinions shall be filed in the = office of=20 the clerk of the supreme court. The judges of the circuit court, within = their=20 respective jurisdictions, may fill vacancies in the office of county = clerk and=20 of prosecuting, attorney; but no judge of the supreme court, or, circuit = court,=20 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=20 county organized for judicial purposes, and four times in each year in = counties=20 containing ten thousand inhabitants. Judges of the circuit court may = hold courts=20 for each other, and shall do so when required by law.

44. - 12. The clerk of each county organized for judicial purposes = shall be=20 the clerk of the circuit court of such county, and of the supreme court = when=20 held within the same.

45. - 13. In each of the counties organized for judicial purposes, = there=20 shall be a court of probate. The judge of such court shall be elected by = the=20 electors of the county in which he resides, and shall hold his office = for four=20 years, and until his successor is elected and qualified. The = jurisdiction,=20 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,=20 circuit or probate court, it shall be filled by appointment of the = governor,=20 which shall continue until a successor is elected and qualified. When = elected,=20 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,=20 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=20 persons in each organized county, who may be vested with judicial = powers, not=20 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=20 organized township. They shall be elected by the electors of the = townships, and=20 shall hold their offices for four years, and until their successors are = elected=20 and qualified. At the first election in any township, they shall be = classified=20 as shall be prescribed by law. A justice elected to fill a vacancy shall = hold=20 his office for the residue of the unexpired term. The legislature may = increase=20 the number of justices in cities.

50. - 18. In civil cases justices of the peace shall have exclusive=20 jurisdiction to the amount of one hundred dollars, and concurrent = jurisdiction=20 to the amount of three hundred dollars, which may be increased to five = hundred=20 dollars, with such exceptions and restrictions as may be provided by = law. They=20 shall also have such criminal jurisdiction and perform such duties as = shall be=20 prescribed by the legislature.

51. - 19. Judges of the supreme court, circuit judges, and justices = of the=20 peace, shall be conservators of the peace within their respective=20 jurisdictions.

52. - 20. The first election of judges of the circuit courts shall be = held on=20 the first Monday in April, one thousand eight hundred and fifty-one, and = every=20 sixth year thereafter. Whenever an additional circuit is created, = provision.=20 shall be made to hold the subsequent election of such additional judges = at the=20 regular elections herein provided.

53. - 1. The first election of judges of the probate courts shall be = held on=20 the Tuesday succeeding the first Monday of November, one thousand eight = hundred=20 and fifty-two, and every fourth year thereafter.

54. - 22. Whenever a judge shall remove beyond the limits of the = jurisdiction=20 for which he was elected or a justice of the peace from the township in = which he=20 was elected, or by a change in the boundaries of such township shall be = placed=20 without the same, they shall be deemed to have vacated their respective=20 offices.

55. - 23. The legislature may establish courts of conciliation, with = such=20 powers and duties as shall be prescribed by law.

56. - 24. Any suitor in any court of this state shall have the right = to=20 prosecute or defend his suit, either in his own proper person, or by an = attorney=20 or agent, of his choice.

57. - 5. In all prosecutions for libels, the truth may be given in = evidence=20 to the jury; and if it shall appear to the jury that the matter charged = as=20 libelous is true, and was published with good motives and for = justifiable ends,=20 the party shall be acquitted. The jury shall have the right to determine = the law=20 and the fact.

58. - 26. The person, houses, papers, and possessions of every person = shall=20 be secure from unreasonable searches and seizure. No warrant to search = any=20 place, or to seize any person or things shall issue without describing = them, nor=20 without probable cause, supported by oath or affirmation.

59. - 27. The right of trial by jury shall remain, but shall be = deemed to be=20 waived in all civil cases unless demanded by one of the parties, in such = manner=20 as shall be prescribed by law.

60. - 8. In every criminal prosecution, the accused shall have the = right to a=20 speedy and public trial by an impartial jury, which may consist of less = than=20 twelve, men in all courts not of record; to be informed of the nature of = the=20 accusation; to be confronted with the witnesses against him; to have = compulsory=20 process for obtaining witnesses in his favor, and have the assistance of = counsel=20 for his defence.

61. - 29. No person, after acquittal upon the merits, shall be tried = for the=20 same offence; all persons shall, before conviction, be bailable by = sufficient=20 sureties, except for murder and treason, when the proof is evident or = the=20 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=20 shall be convicted of treason unless upon the testimony of two witnesses = to the=20 same overt act, or on confession in open court.

63. - 31. Excessive bail shall not be required; excessive fines shall = not be=20 imposed; cruel or unusual punishment shall not be inflicted, nor, shall=20 witnesses be unreasonably detained.

64. - 32. No person shall be compelled, in any criminal case, to be a = witness=20 against himself; nor be deprived of life, liberty, or property, without = due=20 process of law.

65. - 33. No person shall be imprisoned for debt arising out of, or = founded=20 on a contract, express or implied, except in cases of fraud or breach of = trust,=20 or of moneys collected by public officers, or in any professional = employment. No=20 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=20 of his opinions on matters of religious belief.67. - 35. The style of = all=20 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=20 purchaser of goods, or by the purcbaser alone, to receive them into his=20 possession, for the purpose of doing something in or about them; as, if = goods be=20 delivered from a ship by the seller, to a wharfinger, to be by him = forwarded to=20 the purchaser, who has been appointed by the latter to receive them; or = if goods=20 be sent to a packer, for and by orders of the vendee, the packer is to = be=20 considerpd as a middleman.

2. The goods in both, these cases will be considered in transitu, = provided=20 the purchaser has not used the wharfinger's or the packer's warehouse as = his=20 own, an have an ulterior place of delivery in view. 3 B. & P. l27, = 469; 4=20 Esp. R. 82; 2 B. & P. 457; 1 Campb. 282; 1 Atk. 245; 1 H. Bl. 364; 3 = East,=20 R. 93; Whit. on Trans. 195.

3. By middleman is also understood one who has been employed as an = agent by a=20 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=20 wrongful acts of the sub-agent, the principal being alone responsible. 3 = Campb.=20 N. P. Cas. 4; 6 T. R. 411; 14 East, 65.

MIDWIFE, med. jur. A woman who practices midwifery; a woman who = pursues the=20 business of an account.

2. A midwife is required to perform the business she undertakes with = proper=20 skill, and if she be guilty of any mala praxis, (q. v.) she is liable to = an=20 action or an indictment for the misdemeanor. Vide Vin. Ab. Physician; = Com. Dig.=20 Physician; 8 East, R. 348; 2 Wils. R. 359; 4 C. & P. 398; S. C. 19 = E. C. L.=20 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=20 sixty yards, or five thousand two hundred and eighty feet. It contains = eight=20 furlongs, every furlong being forty poles, and each pole sixteen feet = six=20 inches. 2 Stark. R. 89.

MILEAGE. A compensation allowed by law to officers, for their = trouble=20 and expenses in travelling on public business.

2. The mileage allowed to members of congress, is eight dollars for = every=20 twenty miles of estimated distance, by the most usual roads, from his = place of=20 residence to the seat of congress, at tbe commencement and end of every = session.=20 Act of Jan. 22, 1818; 3 Story, Laws U. S. 1657.

3. In computing mileage the distance by the road usually travelled is = that=20 which must be allowed, whether in fact the officer travels a more or = less=20 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=20 called forth to execute the laws of the Union, suppress insurrection and = repel=20 invasion.

2. The Constitution of the United States provides on this subject as = follows:=20 Art. 1, s. 8, 14. Congress shall have power to provide for calling forth = the=20 militia to execute the laws of the Union, suppress insurrections, and = repel=20 invasions.

3. - 15. to provide for organizing, arming, and disciplining the = militia, and=20 for governing such part of them as may be employed in the service of the = United=20 States, reserving to the states respectively, the appointment of the = officers,=20 and the authority of training the militia, according to the discipline=20 prescribed by congress.

4. Under the clauses of the constitution, the following points have = been=20 decided.

1. If congress had chosen, they might by law, have considered a = militia man,=20 called into the service ot the United States, as being, from the time of = such=20 call, constructively in that service, though not actually so, although = he should=20 not appear at the place of rendezvous. But they have not so considered = him, in=20 the acts of congress, till after his appearance at the place of = rendezvous:=20 previous to that, a fine was to be paid for the delinquency in not = obeying the=20 call, which fine was deemed an equivalent for his services, and an = atonement for=20 disobedience.

5. - 2. The militia belong to the states respectively, and are = subject, both=20 in their civil and military capacities, to the jurisdiction and laws of = the=20 state, except so far as these laws are controlled by acts of congress,=20 constitutionally made.

6. - 3. It is presumable the framers of the constitution contemplated = a full=20 exercise of all the powers of organizing, arming, and disciplining the = militia;=20 nevertheless, if congress had declined to exercise them, it was = competent to the=20 state governments respectively to do it. But congress has ex- ecuted = these=20 powers as fully as was thought right, and covered the whole ground of = their=20 legislation by different laws, notwithstanding important provisions may = have=20 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=20 subject. For although their laws may not be directly repugnant to those = of=20 congress, yet congress, having exercised their will upon the subject, = the states=20 cannot legislate upon it. If the law of the latter be the same, it is=20 inoperative: if they differ, they must, in the nature of things, oppose = each=20 other, so far as they differ.

8. - 5. Thus if an act of congress imposes a fine, and a state law = fine and=20 imprisonment for the same offence, though the latter is not repugnant, = inasmuch=20 as it agrees with the act of the congress, so far as the latter goes, = and add=20 another punishment, yet the wills of the two legislating powers in = relation to=20 the subject are different, and cannot subsist harmoniously together.

9. - 6. The same legislating power may impose cumulative punishments; = but not=20 different legislating powers.

10. - 7. Therefore, where the state governments have, by the = constitution, a=20 concurrent power with the national government, the former cannot = legislate on=20 any subject on which congress has acted, although the two laws are not = in terms=20 contradictory and repugnant to each other.

11. - 8. Where congress prescribed the punishment to be inflicted on = a=20 militia man, detached and called forth, but refusing to march, and also = provided=20 that courts martial for the trial of such delinquent's, to be composed = of=20 militia officers only, should be held and conducted in the manner = pointed out by=20 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=20 directing lists of the delinquents to be furnished to the comptroller of = the=20 United States and marshal, that further proceeding might take place = according to=20 the act of congress, and providing for their trial by state courts = martial, such=20 state courts martial have jurisdiction. Congress might have vested = exclusive=20 jurisdiction in courts martial to be held according to their laws, but = not=20 having done so expressly, their jurisdiction is not exclusive.

12. - 9. Although congress have exercised the whole power of calling = out the=20 militia, yet they are not national militia, till employed in actual = service; and=20 they are not employed in actual service, till they arrive at the place = of=20 rendezvous. 5 Wheat. 1; Vide 1 Kent's Com. 262; 3 Story, Const. 1194 to=20 1210.

13. The acts of the national legislature which regulate the militia = are the=20 following, namely: Act of May 8, 1792, 1 Story, L. U. S. 252; Act of = February=20 28, 1795, 1 Story, L. U. S. 390; Act of March 2, 1803, 2 Story, L. U. S. = 888;=20 Act of April 10, 1806, Story, L. U. S. 1005; Act of April 20, 1816, 3 = Story, L.=20 U. S. 1573; Act of May 12, 1820, 3 Story, L. U. S. 1786 Act of March 2, = 1821, 3=20 Story; L. U. S. 1811.

MILL, estates. Mills are so very different and various, that = it is not=20 easy to give a definition of the term. They are used for the purpose of = grinding=20 and pulverising grain and other matters, to extract the juices of = vegetables, to=20 make various articles of manufacture. They take their names from the = uses to=20 which they are employed, hence we have paper-mills, fulling-mills, = iron-mills,=20 oil-mills, saw-mills, &c. In another respect their kinds are = various; they=20 are either fixed to the freehold or not. Those which are a part of the = freehold,=20 are either watermills, wind-mills, steam-mills, &c.; those which are = not so=20 fixed, are hand-mills, and are merely personal property. Those which are = fixed,=20 and make a part of the freehold, are buildings with machinery calculated = to=20 obtain the object proposed in their erection.

2. It has been held that the grant of a mill; and its appurtenances, = even=20 without the land, carries the whole right of water enjoyed by the = grantor, as=20 necessary to its use, and as a necessary incident. Cro. Jac. 121, And a = devise=20 of a mill carries the land used with it, and the right to use the water. = 1 Serg.=20 & Rawle, 169; and see 5 Serg. & Rawle, 107; 2 Caine's Ca. 87; 10 = Serg.=20 & Rawle, 63; 1 Penna. R. 402; 3 N. H. Rep. 190; 6 Greenl. R. 436; = Id. 154; 7=20 Mass. Rep. 6; 5 Shepl. 281.

3. A mill means not merely the building, in which the business is = carried on,=20 but includes the site, the dam, and other things annexed to the = freehold,=20 necessary for its beneficial enjoyment. 3 Mass R. 280. See Vide 6 = Greenl. R.=20 436.

4. Whether manufacturing machinery will pass under the grant of a = mill must=20 depend mainly on the circumstances of each case. 5 Eng. C. L. R. 168; S. = C. 1=20 Brod. & Bing. 506. In England the law appears not to be settled. 1 = Bell's=20 Com. 754, note 4, 5th ed. In this note are given the opinions of Sir = Samuel=20 Romily and Mr. Leech, on a question whether a mortgage of a piece of = land on=20 which a mill was erected, would operate as a mortgage of the machinery. = Sir=20 Samuel was clearly of opinion that such a mortgage would bind the = machinery, and=20 Mr. Leech was of a directly opposite opinion.

5. The American law on this subject, appears not to be entirely = fixed. 1=20 Hill. Ab. 16; 1 Bailey's R. 540; 3 Kent, Com. 440; see Amos & Fer., = on=20 Fixt., 188, et seq.; 1 Atk. 165; 1 Ves. 348; Sugd. Vend. 30; 6 John. 5; = 10 Serg.=20 & Rawle, 63; 2 Watts & Serg. 116; 6 Greenl. 157; 20 Wend. 636; 1 = H. Bl.=20 259, note; 17 S. & R. 415; 10 Amer. Jur. 58; 1 Misso. R. 620; 3 = Mason, 464;=20 2 Watts & S. 390. Vide 15 Vin. Ab. 398; Dane's Ab. Index, h. t. 6 = Cowen,=20 677.

MILL, money. An imaginary money, of which ten are equal to one = cent,=20 one hundred equal to a dime, and one thousand equal to a dollar. There = is no=20 coin of this denomination. Vide Coin; Money.

MILLED MONEY. This term means merely coined money, and it is = not=20 necessary that it should be marked or rolled on the edges. Running's = case,=20 Leach, 708.

MIL-REIS. The name of a coin. The mil-reis of Portugal is = taken as=20 money of account, at the custom-house, to be of the value of one hundred = and=20 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.=20 Id.

MIND AND MEMORY. It is usual in considering the state of a = testator at=20 the time of making his will, to ascertain whether he was of sound mind = and=20 memory; that is, whether he had capacity to make a will. These words = then import=20 capacity, ability.

MINE. An excavation made for obtaining minerals from the = bowels of the=20 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=20 at which work has been done, and a part of the materials taken out. When = land is=20 let on which there is an open mine, the tenant may, unless restricted by = his=20 lease, work the mine; 1 Cru. Dig. 132; 5 Co. R. 12; 1 Chit. Pr. 184, 5; = and he=20 may open new pit's or shafts for working the old vein, for otherwise the = working=20 of the same mine might be impracticable. 2 P. Wms. 388; 3 Tho. Co. Litt. = 237; 10=20 Pick. R. 460. A mine not opened, cannot be opened by a tenant for years = unless=20 authorized, nor even by a tenant for life, without being guilty of = waste. 5 Co.=20 12.

3. Unless expressly excepted, mines would be included in the = conveyance of=20 land, without being expressly named, and so vice versa, by a grant of a = mine,=20 the land itself, the surface above the mine, if livery be made, will = pass. Co.=20 Litt. 6; 1 Tho. Co. Litt. 218; Shep. To. 26. Vide, generally, 15 Vin. = Ab. 401; 2=20 Supp. to Ves. jr. 257, and the cases there cited, and 448; Com. Dig. = Grant, G 7;=20 Id. Waifs, H. 1; Crabb, R. P. 98-101; 10 East, 273; 1 M. & S. 84; 2 = B. &=20 A. 554; 4 Watts, 223-246.

4. In New York the following provisions have been made in relation to = the=20 mines in that state, by the revised statutos, part 1, chapter 9, title = 11. It is=20 enacted as follows, by

1. The following mines are, and shall be, the property of this state, = in its=20 right of sovereignty. 1. All mines of gold and silver discovered, or = hereafter=20 to be discovered, within this state. 2. All mines of other metals = discovered, or=20 hereafter to be discovered, upon any lands owned by persons not being = citizens=20 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=20 States, the ore of which, upon an average, shall contain less than two = equal=20 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=20 be discovered, upon any lands belonging to the people of this state, = are, and=20 shall be the property of the people, subject to the provisions = hereinafter made=20 to encourage the discovery thereof.

6. - 3. All mines of whatever description, other than mines of gold = and=20 silver, discovered or hereafter to be discovered, upon any lauds owned = by a=20 citizen of the United states, the ore of which, upon an average, shall = contain=20 two equal third parts or more, in value, of copper, tin, iron and lead, = or any=20 of those metals, shall belong to the owner of such land.

7. - 4. Every person who shall make a discovery of any mine of gold = or=20 silver, within this state, and the executors, administrators or assigns = of such=20 person, shall be exempted from paying to the people of this state, any = part of=20 the ore, profit or produce of such mine, for the term of twenty-one = years, to be=20 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,=20 shall work the same, until he give notice thereof, by information in = writing, to=20 the secretary of this state, describing particularly therin the nature = and=20 situation of the mine. Such notice shall be registered in a book, to be = kept the=20 secretary for that purpose.

9. - 6. After the expiration of the term above specified, the = discoverer of=20 the mine, or his representatives, shall be preferred in any contract for = the=20 working of such mine, made with the legislature or under its = authority.

10. - 7. Nothing in this title contained shall affect any grants = heretofore=20 made by the legislature, to persons having discovered mines; nor be = construed to=20 give to any person a right to enter on, or to break up the lands of any = other=20 person, or of the people of this state, or to work any mines in such = lands,=20 unless the consent, in writing, of the owner thereof, or of the = commissioners of=20 the land office, when the lands belong to the people of this state, = shall be=20 previously obtained.

MINISTER, government. An officer who is placed near the = sovereign, and=20 is invested with the administration of some one of the principal = branches of the=20 government.

2. Ministers are responsible to the king or other supreme magistrate = who has=20 appointed them. 4 Conn. 134.

MINISTER, international law. This is the general name given to = public=20 functionaries who represent their country abroad, such as ambassadors, = (q.v.)=20 envoys, (q.v.) and residents. (q.v.) A custom of recent origin has = introduced a=20 new kind of ministers, without any particular determination of = character; these=20 are simply called ministers, to indicate that they are invested with the = general=20 character of a sovereign's mandatories, without any particular = assignment of=20 rank or character.

2. The minister represents his government in a vague and = indeterminate=20 manner, which cannot be equal to the first degree; and be possesses all = the=20 rights essential to a public minister.

3. There are also ministers plenipotentiary, who, as they possess = full=20 powers, are of much greater distinction than simple ministers. These = also, are=20 without any particular attribution of rank and character, but by custom = are now=20 placed immediately below the ambassador, or on a level with the envoy=20 extraordinary. Vattel, liv. 4, c. 6, 74; Kent, Com. 38; Merl. R=C7pert. = h. t.=20 sect. 1, n. 4.

4. Formerly no distinction was made in the different classes of = public=20 ministers, but the modern usage of Europe introduced some distinctions = in this=20 respect, which, on account of a want of precision, became the source of=20 controversy. To obviate these, the congress of Vienna, and that of Aix = la=20 Chapelle, put an end to these disputes by classing ministers as follows: = 1.=20 Ambassadors, and papal legates or nuncios. 2. Envoys, ministers, or = others=20 accredited to sovereigns, (aupres des souverains). 3. Ministers = resident,=20 accredited to sovereigns. 4. Charg=C7s d'Affaires, accredited to the = minister of=20 foreign affairs. R=C7cez du Congr=E4s de Vienne, du 19 Mars, 1815; = Protocol du=20 Congr=E4s d' Aix la Chapelle, du 21 Novembre, 1818; Wheat, Intern. Law, = pt. 3, c.=20 6.

5. The act of May 1, 1810, 2 Story's L. U. S. 1171, fixes a = compensation for=20 public, ministers, as follows

1. Be it enacted, &c. That the president of the United States = shall not=20 allow to any minister plenipotentiary a greater sum than at the rate of = nine=20 thousand dollars per annum, as a compensation for all his personal = services and=20 expenses; nor to any charg=E4 des affaires, a greater sum than at the = rate of four=20 thousand five bundred dollars per annum, as a compensation for all his = personal=20 services and expenses, nor to the secretary of any legation, or embassy = to any=20 foreign country, or secretary of any minister plenipotentiary, a greater = sum=20 than at the rate of two thousand dollars per annum, as a compensation = for all=20 his personal services and expenses; nor to any consul who shall be = appointed to=20 reside at Algiers, a greater sum than at the rate of four thousand = dollars per=20 annum, as a compensation for all his personal services and expenses; nor = to any=20 other consul who shall be appointed to reside at any other of the states = on the=20 coast of Barbary, a greater sum than at the rate of two thousand dollars = per=20 annum, as a compensation for all his personal services and expenses; nor = shall=20 there be appointed more than one consul for any one of the said states:=20 Provided, it shall be lawful for the president of the United States to = allow to=20 a minister plenipotentiary, or charg=E4 des affaires, on going from the = United=20 States to any foreign country, an outfit, which shall in no case exceed = one=20 year's full salary of such minister or charg=E4 des affaires; but no = consul shall=20 be allowed an outfit in any case whatever, any usage or custom' to the = contrary=20 notwithstanding.

6. - 2. That to entitle any charg=E4 des affaires, or secretary of = any legation=20 or embassy to any foreign country, or secretary of any minister=20 pleni-potentiary, to the compensation hereinbefore provided, they shall, = respectively, be appointed by the president of the United Staies, by and = with=20 the advice and consent of the senate; but in the recess of the senate, = the=20 president is hereby authorized to make such appointments, which shall be = submitted to the senate at the next session thereafter, for their advice = and=20 consent; and no compensation shall be allowed to any charg=E4 des = affaires, or any=20 of the secretaries hereinbefore described, who shall not be appointed as = aforesaid: Provided, That nothing herein contained shall be construed to = authorize any appointment, of a secretary to a charg=E4 des affaires, or = to any=20 consul residing on the Barbary coast; or to sanction any claim against = the=20 United States for expenses incident to the same, any usage or custom to = the=20 contrary notwithstanding.

7. The Act of August 6, 1842, sect. 9, directs, that the president of = the=20 United States shall not allow to any minister, resident a greater sum = than at=20 the rate of six thousand dollars per annum, as a compensation for all = his=20 personal services and expenses: Provided, that it shall be lawful for = the=20 president to allow to such minister resident, on going from the United = States to=20 any foreign country, an outfit, which shall in no case exceed one year's = full=20 salary of such minister resident.

MINISTER, eccles. law. One ordained by some church to preach = the=20 gospel.

2. Ministers are authorized in the United States, generally, to = marry, and=20 are liable to fines and penalties for marrying minors contrary to the = local=20 regulations. As to the right of ministers or parsons, see Am. Jur. No. = 30, p.=20 268; Anth. Shep. Touch. 564; 2 Mass. R. 500; 10 Mass. R. 97; 14 Mass. R. = 333; 3=20 Fairf. R. 487.

MINISTER, mediator. An officer appointed by the government of = one=20 nation, with the consent of two other nations, who have a matter in = dispute,=20 with a view by his interference and good office to have such matter=20 settled.,

MINISTERIAL. That which is done under the authority of a = superior;=20 opposed to judidial; as, the sheriff is a ministerial officer bound to = obey the=20 judicial commands of the court.

2. When an officer acts in both a judicial and ministerial capacity, = he may=20 be compelled to perform ministerial acts in a particular way; but when = he acts=20 in a judicial capacity, he can only be required to proceed; the manner = of doing=20 so is left entirely to his judgment. See 2 Fairf. 377; Bac. Ab. Justices = of the=20 Peace, E; 1 Conn. 295; 3 Conn. 107; 9 Conn. 275; 12 Conn. 464; also = Judicial;=20 Mandamus; Sheriff.

MINISTERIAL TRUSTS. These which are also called instrumental = trusts,=20 demand no further exercise of reason or understanding, than every = intelligent=20 agent must necessarily employ as to convey an estate. They are a species = of=20 special trusts, distinguished from discretionary trusts, which = necessarily=20 require much exercise of the understanding. 2 Bouv. Inst. A. 1896.

MINOR, persons. One under the age of twenty-one years, while = in a=20 state of infancy; one who has not attained the age of a major. The terms = major=20 and minor, are more particularly used in the civil law. The common law = terms are=20 adult and infant. See Infant.

MINORITY. The state or condition of a minor; infancy. In = another=20 sense, it signifies the lesser number of votes of a deliberative = assembly;=20 opposed to majority. (q.v.)

MINT. The place designated by law, where money is coined by = authority=20 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.=20 227, and located at Philadelphia, where, by virtue of sundry acts of = congress,=20 it still remains. Act of April 24, 1800, 1 Story, 770; Act of March 3, = 1801, 1=20 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=20 relation to the mint. Act of January 18, 1837, 4 Sharsw. cont. of Story, = L. U.=20 S. 2120; Act of May 19, 1828, 4 Id. 2120; Act of May 3, 1835; Act of = February=20 13, 1837; Act of March 3, 1849; Act of March 3, 1851, s. 11. Vide Coin; = Foreign=20 Coin; Money.

MINUTE, measures. In divisions of the circle or angular = measures, a=20 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=20 sixtieth part of an hour. Vide Measure.

MINUTE, practice. A memorandum of what takes place in court; = made by=20 authority of the court. From these minutes the record is afterwards made = up. 2.=20 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,=20 (scriptura) in opposition to copies which were delivered to the parties, = and=20 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=20 23 Pick. R. 184.

MINUTE BOOK. A book kept by the clerk or prothonotary of a = court, in=20 which minutes of its proceedings are entered. It has been decided that = minutes=20 are no part of the record. 1 Ohio R. 268.

MIRROR DES JUSTICES. The Mirror of Justices, a treatise = written during=20 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.=20 Some diversity of opinion seems to exist as to its merits. Pref. to 9 = & 10=20 Co. Rep. As to the history of this celebrated book see St. Armand's = Hist. Essays=20 on the Legislative power of England, 68, 59.

MIS. A syllable which prefixed to some word signifies some = fault or=20 defect; as, misadventure, misprision, mistrial, and the like.

MISADVENTURE, crim. law, torts. An accident by which an injury = occurs=20 to another.

2. When applied to homicide, misadventure is the act of a man who, in = the=20 performance of a lawful act, without any intention to do harm, and after = using=20 proper precaution to prevent danger, unfortunately kills another person. = The act=20 upon which the death ensues, must be neither malum in se, nor malum = prohibitum.=20 The usual examples uuder this head are, 1. When the death ensues from = innocent=20 recreations. 2. From moderate and lawful correction (q. v.) in foro = domestico.=20 3. From acts lawful and indifferent in themselves, done with proper and = ordinary=20 caution. 4 Bl. Com. 182; 1 East, P C. 221.

MISBEHAVIOUR. Improper or unlawful conduct. See 2 Mart. N. S. = 683.

2. A party guilty of misbehaviour; as, for example, to threaten to do = injury=20 to another, may be bound to his good behaviour and thus restrained. See = Good=20 Behaviour.

3. Verdicts are not unfrequently set aside on the ground of = misbehaviour of=20 jurors; as, when the jury take out with them papers which were not given = in=20 evidence, to the prejudice of one of the parties. Ld. Raym. 148. When = they=20 separate before they have agreed upon their verdict. 3 Day, 237, 310., = When they=20 cast lots for a verdict; 2 Lev. 205; or, give their verdict because they = have=20 agreed to give it for the amount ascertained by each juror putting down = a sum,=20 adding the whole together, and then dividing by twelve the number of = jurors, and=20 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=20 misbehaviour towards the jury; as, if he say to a juror, "I hope you = will find a=20 verdict for me;" or " the matter is clearly of my side." 1 Vent. 125; 2 = Roll.=20 Ab. 716, pl. 17. See Code, 166, 401; Bac. Ab. Verdict, I.

MISCARRIAGE, med. jurisp. By this word is technically understood = the=20 expul- sion of the ovum or embryo from the uterus within the first = six weeks=20 after conception; between that time and before the expiration of the = sixth=20 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=20 labor. But the criminal act of destroying the foetus at any time before = birth,=20 is termed in law, procuring miscarriage. Chit. Med. Jur. 410; 2 = Dunglison's=20 Human Physiology, 364. Vide Abortion; Foetus.

MISCARRTAGE, contracts, torts. By the English statute of = frauds, 29,=20 C. II., c. 3, s. 4, it is enacted that "no action shall be brought to = charge the=20 defendant upon any special promise to answer for the debt, default, or=20 miscarriage of another person, unless the agreement," &c. "shall be = in=20 writing," &c. The word miscarriage, in this statute comprehends that = species=20 of wrongful act, for the consequences of which the law would make the = party=20 civilly responsible. The wrongful riding the horse of another, without = his leave=20 or license, and thereby causing his death, is clearly an act for which = the party=20 is reasonsible in damages, and therefore, falls within the meaning of = the word=20 miscarriage. 2 Barn. & Ald. 516; Burge on Sur. 21.

MISCASTING. By this term is not understood any pretended = miscasting or=20 mis- valuing, but simply an error in auditing and numbering. 4 Bouv. = Inst. n.=20 4128.

MISCOGNlSANT. This word, which is but little used, signifies = ignorant=20 or not knowing. Stat. 32 H. VIII. c. 9.

MISCONDUCT. Unlawful behaviour by a person entrusted in any = degree:=20 with the administration of justice, by which the rights of the parties = and the=20 justice of the, case may have been affected.

2. A verdict will be set aside when any of the jury have been guilty = of such=20 misconduct, and a court will set aside an award, if it has been obtained = by the=20 misconduct of an arbitrator. 2 Atk. 501, 504; 2 Chit. R. 44; 1 Salk. 71; = 3 P.=20 Wms. 362; 1 Dick. 66.

MISCONTINUANCE, practice. By this term is understood a = continuance of=20 a suit by undue process. Its effect is the same as a discontinuance. (q. = v.) 2=20 Hawk. 299; Kitch. 231; Jenk. Cent. 57.

MISDEMEANOR, crim. law. This term is used to express every = offence=20 infe- rior to felony, punishable by indictment, or by particular = prescribed=20 proceedings; in its usual acceptation, it is applied to all those crimes = and=20 offences for which the law has not provided a particular name; this word = is=20 generally used in contradistinction to felony; misdemeanors = comprehending all=20 indictable offences, which do not amount to felony, as perjury, battery, = libels,=20 conspiracies and public nuisances.

2. Misdemeanors have sometimes been called misprisions. (q. v.) = Burn's Just.=20 tit. Misdemeanor; 4 Bl. Com. 5, n. 2; 2 Bar. & Adolph. 75: 1 = Russell, 43; 1=20 Chitty, Pr. 14; 3 Verm. 347; 2 Hill, S. C. 674; Addis. 21; 3 Pick. 26; 1 = Greenl.=20 226; 2 P. A. Browne, 249; 9 Pick. 1; 1 S. & R. 342; 6 Call. 245; 4 = Wend.=20 229; 2 Stew. & Port. 379. And see 4 Wend. 229, 265; 12 Pick. 496; 3 = Mass.=20 254; 5 Mass. 106. See Offence.

MISDIRECTION, practice. An error made by a judge in charging = the jury=20 in a special case.

2. Such misdirection is either in relation to matters of law or = matters of=20 fact.

3. - 1. When the judge at the trial misdirects the jury, on matters = of law,=20 material to the issue, whatever may be the nature of the case, the = verdict will=20 be set aside, and a new trial granted; 6 Mod. 242; 2 Salk. 649; 2 Wils. = 269; or=20 if such misdirection appear in the bill of exceptions or otherwise upon = the=20 record, a judgment founded on a verdict thus obtained, will be reversed. = When=20 the issue consists of a mixed question of law and fact and there is a = conceded=20 state of facts, the rest is a question for the court; 2 Wend. R. 596; = and a=20 misdirection in this respect will avoid the verdict.

4. - 2. Misdirection as to matters of fact will in some cases be = sufficient=20 to vitiate the proceedings. If, for example, the judge should undertake = to=20 dictate to the jury. When the, judge delivers, his opinion to the jury = on a=20 matter of fact, it should be delivered as mere opinion, and not as = direc- tion.=20 12 John. R. 513. But the judge is in general allowed to very liberal = discretion=20 in charging a jury on matters of fact. 1 McCl. & Y. 286.

5. As to its effects, misdirection must be calculated to do = injustice; for if=20 justice has been done, and a new trial would produce the same result, a = new=20 trial will not be granted on that account, 2 Salk. 644, 646; 2 T. R. 4; = 1 B.=20 & P. 338; 5 Mass. R. 1; 7 Greenl. R. 442; 2 Pick. R. 310; 4 Day's R. = 42; 5=20 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=20 the grand assize, the general issue is called the mise. Lawes, Civ. Pl. = 111; 7=20 Cowen, 51. This word also signifies expenses, and it is so commonly used = in the=20 entries of judgments in personal actions; as when the plaintiff = recovers, the=20 judgment is quod recuperet damna sua for such value, and pro mises et = custagiis=20 for costs and charges for so much, &c.

MISERABILE DEPOSITUM, civ. law. The name of an involuntary = deposit,=20 made under pressing necessity; as, for instance, shipwreck, fire, or = other=20 inevitable calamity. Poth. Proced. Civ. 5eme part., ch. 1, 1 Louis. = Code,=20 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=20 discretion inflict. According to Spelman, misericordia is so called, = because the=20 party is in mercy, and to distinguish this fine from redemptions, or = heavy=20 fines. Spelm. GI. ad voc.; see Co. Litt. 126 b, and Madox's Excheq. c. = 14. See=20 Judgment of Misericordia.

MISFEASANCE, torts, contracts. The performance of an act which = might=20 lawfully be done, in an improper manner, by which another person = receives an=20 injury. It differs from malfeasance, (q. v.) or, nonfeasance (q. v.) = Vide,=20 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=20 nonfeasance in the case of mandates. In cases of nonfeasance, the = mandatary is=20 not generally liable, because his undertaking being gratuitous, there is = no=20 consideration to support it; but in cases of misfeasance, the common law = gives a=20 remedy for the injury done, and to the extent of that injury. 5 T. R. = 143; 4=20 John. Rep. 84; Story, Bailment, 165; 2 Ld. Raym. 909, 919, 920; 2 Johns. = Cas.=20 92; Doct. & Stu. 210; 1 Esp. R. 74; 1 Russ. Cr. 140; Bouv. Inst. = Index h.=20 t.

MISJOINDER, pleading. Misjoinder of causes of action, or = counts,=20 consists in joining, in different counts in one declaration, several = demands,=20 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=20 another in contract. Gould. 6n PI. c. 4, 98; Archb. Civ. PI. 61, 78 176; = Serg.=20 and Rawle, 358; Dane's Ab. Index, h. t.

2. Misjoinder of parties, consists in joining as plaintiffs or = defendants,=20 persons, who have not a joint interest. When the misjoinder relates to = the=20 plaintiffs, the defendants may, at common law, plead the matter in = abatement,=20 whether the action be real; 12 H. IV., 15; personal; Johns. Ch. R. 350, = 438; 12=20 John. R. 1; 2 Mass. R. 293; or mixed; or it will be good cause of = nonsuit at the=20 trial. 3 Bos. & Pull. 235. Where the objection appears upon the face = of the=20 declaration, the defendant may demur generally; 2 Saund. 145; or move in = arrest=20 of judgment; or bring a writ of error.

3. When in actions ex contractu against several, there is a = misjoinder of the=20 defendants, as if there be too many persons made defendants, and the = objection=20 appears on the pleadings, either of the defendants may demur, move in = arrest of=20 judgment, or support a writ of error; and, if the objection do not = appear on the=20 pleadings, the plaintiff may be nonsuited upon the trial, if he fail in = proving=20 a joint contract. 5 Johns. R. 280; 2 Johns. R. 213; 11 Johns. R. 101; 5 = Mass. R.=20 270.

4. In actions ex delicto, the misjoinder cannot in general be = objected to,=20 because in actions for torts, one defendant may be found guilty and the = others=20 acquitted. Archb. Civ. Pl. 79. As to the cases in which a misjoinder may = be=20 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=20 bequests, and to suits or actions.

3. - 1. In general, when the party can be ascertained, a mistake in = the name=20 will not avoid the contract. 11 Co. 20, 21; Lord Raym. 304; Hob. 125. = Nihil=20 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=20 person intended can be ascertained from the context. Example: Thomas = Stockdale=20 bequeathed "to his nephew Thomas Stockdale, second son of his brother = John=20 Stockdale," 1000=FA, John had no son named Thomas, his second son was = named=20 William, and he claimed the legacy. It was determined, in his favor, = because the=20 mistake of the name was obviated by the correct description given of the = person,=20 namely, the second son of John Stockdale. 19 Ves. 381; S. C. Coop. 229; = and see=20 Ambl. 175; 3 Leon. 18; Co; Litt. 3 a; Finch's R. 403; Domat l. 4, t. 2, = s. 1, n.=20 22; 1 Rop. Leg. 131.

5. - 3. Misnomers in suits or actions, when the mistake is in the = name of one=20 of the parties, must be pleaded in abatement; 1 Chit. Pl. 440; 1 Mass. = 76; 5=20 Mass. 97; 15 Mass. 469; 16 Mass: 146; 10 S. & R. 257; 4 Cowen, R. = 148; Coxe,=20 138; 6 Munf. 219; 2 Wash. C. C. R. 200; 2 Penna. R. 984; 5 Halst. R. = 295; 1 Pen.=20 R. 75, 137; 6 Munf. 580; 3 Caines, 170; 1 Tayl. R. 148; 8 Yerg. 101; = Harp. R.=20 49; for the misnomer of one of the parties sued is not material on the = general=20 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=20 be helped by pleading the general issue; but, if a sufficient = description be=20 given, it has been held, in a civil case, that the misnomer was = immaterial.=20 Example: in an action for medicines alleged to have been furnished to=20 defendant's wife, Mary, and his wife was named Elizabeth, the misnomer = was held=20 to be immaterial, the word wife being the material word. 2 Marsh. R. = 159. In=20 indictments, the names of third persons must be correctly given. Rose. = Cr. Ev.=20 R. 78. Vide, generally, 18 E. C. L. R. 149; 10 East, R. 83, n; Bac. Ab. = h. t.;=20 Dane's Ab. h. t.; 1 Vin. Ab. 7; 15 Vin. Ab. 466; 2 Phil, Ev. 2, note b; = Bac. Ab.=20 Abatement, D; Archb. Civ. Pl. 305; 1 Metc. & Perk. Dig. Abatement, = V; and=20 this Dictionary, Abatement; Contracts; Parties to Contracts; Parties to=20 Actions.

MISPLEADING. Pleading incorrectly, or omitting anything in = pleading=20 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=20 when the plaintiff sets out a title not simply in a defective manner, = but sets=20 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=20 signify every considerable misdemeanor, which has not a certain name = given to it=20 in the law; and it is said that a misprision is contained in every = treason or=20 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=20 passive; Act of Congress of April 30, 1790, 1 Story's L. U. S. 83; 1 = East, P. C.=20 139; for if any assistance be given, to the traitor, it makes the party = a=20 principal, as there is no accessories in treason.

3. Misprison of felony, is the like concealment of felony, without = giving any=20 degree of maintenance to the felon; Act of Congress of April 30, 1790, = s. 6, 1=20 Story's L. U. S. 84; for if any aid be given him, the party becomes an = accessory=20 after the fact.

4. It is the duty of every good citizen, knowing of a treason or = felony=20 having been committed; to inform a magistrate. Silently to observe the=20 commission of a felony, without using any endeavors to apprehend the = offender,=20 is a misprision. 1 Russ. on Cr. 43; Hawk. P. C. c. 59, s. 6; Id. Book 1, = c. s.=20 1; 4 Bl. Com. 119.

5. Misprisions which are merely positive, are denominated contempts = or high=20 misdemeanors; as, for example, dissuading a witness from giving = evidence. 4 Bl.=20 Com. 126.

MISREADING, contracts. When a deed is read falsely to an = illiterate or=20 blind man, who is a party to it, such false reading amounts to a fraud, = because=20 the contract never had the assent of both parties. 5 Co. 19; 6 East, R. = 309;=20 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=20 fact, either in an agreement or a plea; under the latter term is here = understood=20 the declaration and all the subsequent pleadings. Vide Recital, and the = cases=20 there cited; and Bac. Ab. Pleas, &c. B. 5, n. 3.

MISREPRESENTATION, contracts. The statement made by a party to = a=20 contract, that a thing relating to it is in fact in a particular way, = when he=20 knows it is not so.

2. The misrepresentation must be both false and fraudulent, in order = to make=20 the party making it, responsible to the other for damages. 3 Com. R. = 413; 10=20 Mass. R. 197; 1 Rep. Const. Court, 328, 475, Yelv. 21 a, note l; Peake's = Cas.=20 115; 3 Campb. 154; Marsh. Ins. B. 1, c. 10, s. 1. And see = Representation. It is=20 not every misrepresentation which will make a party liable; when a mere=20 misstatement of a fact has been erroneously made, without fraud, in a = casual,=20 improvident communication, respecting a matter which the person to whom = the=20 communication was made, and who had an interest in it, should not have = taken=20 upon trust, but is bound to inquire himself, and had the means of = ascertaining=20 the truth, there would be no responsibility; 5 Maule & Selw. 380; 1 = Chit.=20 Pr. 836; 1 Sim. R. 13, 63; and when the informant was under no legal = pledge or=20 obligation as to the precise accuracy and correctness of his statement, = the=20 other party can maintain no action for the consequences of that = statement, upon=20 which it was his indiscretion to place reliance. 12 East, 638; see also, = 2 Cox,=20 R. 134; 13 Ves. 133; 3 Bos. & Pull. 370; 2 East, 103; 3 T. R, 56, = 61; 3=20 Bulstr. 93; 6 Ves. 183; 3 Ves. & Bea. 110; 4 Dall. R. 250. Vide = Concealment;=20 Representation; Suggestio falsi; Suppressio veri.

MISSING SHIP, mar. law. When a ship or other vessel has been = at sea=20 for a much longer time than she ought to have been, she is presumed to = have=20 perished there with all on board, and such a vessel is called a missing=20 ship.

2. There is no precise time fixed as to when the presumption is to = arise, and=20 this must depend upon the circumstances of each case. 2 Str. R. 1199; = Park. Ins.=20 63; Marsh. Ins. 488; 2 Johns. R. 150; 1 Caines' R. 525; Holt's N. P. = Rep.=20 242.

MISSISSIPPI. The name of one of the new states of the United = States of=20 America. This state was admitted into the Union, by a resolution of = congress,=20 passed the 10th day of December, 1817; 3 Story's L. U. S. 1716; by which = it is=20 "Resolved, that the state of Mississippi, shall be one, and is hereby = declared=20 to be one of the United States of America, and admitted into the Union = on an=20 equal footing with these original states, in all respects whatever."

2. The constitution of this state was adopted at the town of = Washington, the=20 15th day of August, 1817. It was revised by a convention, and adopted on = the=20 26th day of October, 1832, when it went into operation.

3. By the second article of the constitution, a provision is made for = the=20 distribution of powers as follows, namely;

1. The powers of the government of the state of Mississippi, shall be = divided=20 into three distinct departments, and each of them confided to a separate = body of=20 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=20 departments, shall exercise any power properly belonging to either of = the=20 others, except in the instances hereinafter expressly directed or = permitted.

5. - 1st. The legislative power of this state is vested in two = distinct=20 branches the one styled "the senate" the other, "the house of = representatives;"=20 and both together, "the legislature of the state of Mississippi.

6. The following regulations, contained in the third article of the=20 constitution, apply to both branches of the legislature.

7. - 16. Each house may determine the rules of its own proceedings = punish=20 members for disorderly behaviour, and, with the consent of two-thirds, = expel a=20 member, but not a second time for the same cause; and shall have all = other=20 powers necessary for a branch of the legislature of a free and = independent=20 state.

8. - 17. Each house shall keep a journal of its proceedings, and = publish the=20 same; and the yeas and nays of the members of either house, on any = question,=20 shall, at the desire of any three members present, be entered on the=20 journal.

9. - 18. When vacancies happen in either house, the governor, or the = person=20 exercising the powers of the governor, shall issue writs of election to = fill=20 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=20 session of the legislature and in going to and returning from the same, = allowing=20 one day for every twenty miles such member may reside from the place at = which=20 the legislature is convened.

11. - 20. Each house may punish, by imprisonment, during the session, = any=20 person, not a member, for disrespectful or disorderly behaviour in its = presence,=20 or for obstructing any of its proceedings: Provided, such imprisonment = shall=20 not, at any one time, exceed forty-eight hours.

12. - 21. The doors of each house shall be open, except on such = occasions of=20 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=20 more than three days, nor to any other place than that in which they may = be=20 sitting.

14. - 23. Bills may originate in either house, and be amended, = altered or=20 rejected by the other, but no bill shall have the force of a law, until = on three=20 several days, it be read in each house, and free discussion be allowed = thereon,=20 unless four-fifths of the house in which the bill shall be pending, may = deem it=20 expedient to dispense with this rule; and every bill having passed both = houses,=20 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=20 representatives, but the senate may amend or rejec

t them as other bills.16. - 25. Each member of the legislature shall = receive=20 from the public treasury a compensation for his services, which may be = increased=20 or diminished by law, but no increase of compensation shall take effect = during=20 the session at which such increase shall have been made.

17. - 26. No senator or representative shall, during the term for = which be=20 shall have been elected, nor for one year thereafter, be appointed to = any civil=20 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=20 offices as may be filled, by elections by the people; and no member of = either=20 house of the legislature shall, after the commencement of the first = session of=20 the legislature after his election and during the remainder of the term = for=20 which he is elected, be eligible to any office or place, the appointment = to=20 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,=20 person bolding a lucrative office under the United States or this state, = shall=20 be eligible to the legislature: Provided, That offices in the militia, = to which=20 there

is attached no annual salary, and the office of justice of the peace, = shall=20 not be deemed lucrative. 19. - 28. No person who hath heretofore been, = or=20 hereafter may be, a collector or holder of public moneys, shall have a = seat in=20 either house of the legislature, until such person shall have accounted = for, and=20 paid into the treasury, all sums for which he may be accountable.

20.- 29. The first election for senators and representatives shall be = general=20 throughout the state, and shall be held on the first Monday and day = following in=20 November 1833; and thereafter, there shall be biennial elections for = senators to=20 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=20 in the town of Jackson, in the county of Hinds, until the year 1850. = During the=20 first session thereafter, the legislature shall have power to designate = by law=20 the permanent seat of government: Provided, however, That unless such=20 designation be then made by law, the seat of government shall continue=20 permanently at the town of Jackson. The first session shall commence on = the=20 third Monday in November, in the year 1833. And in every two years = thereafter,=20 at such time as may be prescribed by law.

22. - 1. The senate. Under this lead will be considered the = qualification of=20 senators; their number; by whom they are elected; the time for which = they are=20 elected.

1. No person shall be a senator unless he be a citizen of the United = States;=20 and shall have been an inhabitant of this state for four years next = preceding=20 his election, and the last year thereof a resident of the district for = which he=20 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=20 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=20 age of twenty-one years or upwards, who shall be a citizen of the United = States,=20 and shall have resided in this state one year next preceding an = election, and=20 the last four months within the county, city, or town in which he offers = to=20 vote, shall be deemed a qualified elector. Art. 3, s. 1. 4. The senators = shall=20 be chosen for four years, and on their being convened in consequence of = the=20 first election, they shall be divided by lot from their respective = districts=20 into two classes, as nearly equal as can be. And the seats of the = senators of=20 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=20 that has been observed in relation, to the senate. 1. No person shall, = be a=20 representative unless he be a citizen of the United States, and shall = have been=20 an inhabitant of this state two years next prceeding his election, and = the last=20 year thereof a resident of the county, city or town for which be shall = be=20 chosen; and shall have attained the age of twenty-one years. Art. 3, s. = 7. 2.=20 The number of representatives shall not be less than thirty-six, nor = more than=20 one hundred. Art. 3, s. 9. 3. They are elected by the same electors who = elect=20 senators. Art. 3, s. 1. 4. The representatives are chosen every two = years on the=20 first Monday and day following in November. They serve two years from = the day of=20 the commencement of the general election and no longer. Art. 3, s. 5, = and 6.

24. - 2d. The judicial power. By the fourth article of the = constitution, the=20 judicial power is distributed as follows, namely:

1. The judicial power of this state shall be vested in one high court = of=20 errors and appeals, and such other courts of law and equity as are = hereafter=20 provided for in this constitution.

25. - 2. The high court of errors and appeals shall consist of three = judges,=20 any two of whom shall form a quorum. The legislature shall divide the = state into=20 three districts, and the qualified electors of each district shall elect = one of=20 said judges for the term of six years.

26. - 3. The office of one of said judges shall be vacated in two = years, and=20 of one in four years, and of one in six years, so that at the expiration = of=20 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=20 such as properly belongs to a court of errors and appeals.

28. - 5. All vacancies that may occur in said court, from death, = resignation=20 or removal, shall be filled by election as aforesaid. Provided, however, = that if=20 the unexpired term do not exceed one year, the vacancy sbalI be filled = by=20 executive appointment.

29. - 6. No person shall be eligible to the office of judge of the = high court=20 of errors and appeals, who shall not have attained, at the time of his = election,=20 the age of thirty yers.

30. - 7. The high court of errors and appeals shall be held twice in = each=20 year, at such place as the legislature shall direct, until the year = eighteen=20 hundred and thirty-six, and afterwards at the seat of government of the=20 state.

31. - 8. Tbe secretary of state, on receiving all the official = returns of the=20 first election, shall proceed, forthwith, in the presence and with the=20 assistance of two justices of the peace, to determine by lot among the = three=20 candidates having the highest number of votes, which of said judges = elect shall=20 serve for the term of two years, which shall serve for the term of four = years,=20 and which shall serve for the term of six years, and having so = determined the=20 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=20 either of them shall be connected with him by affinity or consanguinity, = or when=20 he may be interested in the same, except by consent of the judge and of = the=20 parties; and whenever a quorum of said court are situated as aforesaid, = the=20 governor of the state shall in such case specially commission two or = more men of=20 law knowledge for the determination thereof.

33. - 10. The judges of said court shall, receive for their services = a=20 compensation to be fixed by law, which shall not be diminished during = their=20 continuance in office.

34. - 11. The judges of the circuit court shall be elected by the = qualified=20 electors of each judicial district, and hold their offices for the term = of four=20 years, and reside in their respective districts.

35. - 12. No person shall be eligible to the office of judge of the = circuit=20 court, who shall not, at the time of his election, have attained the age = of=20 twenty-six years.

36. - 13. The state shall be divided into convenient districts, and = each=20 district shall contain not less than three nor more than twelve = counties.

37. - 14. The circuit court shall have original jurisdiction in all = matters,=20 civil and criminal, within this state; but in civil cases only when the=20 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=20 twice in each year; and the judges of said courts shall interchange = circuits=20 with each other, in such manner as may be prescribed by law, and shall = receive=20 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=20 full jurisdiction in all matters of equity; Provided, however, the = legislature=20 may give to the circuit courts of each county equity jurisdiction in all = cases=20 where the value of the thing, or amount in controversy, does not exceed = five=20 hundred dollars; also, in all cases of divorce, and for the foreclosure = of=20 mortgages. The chancellor shall be elected by the qualified electors of = the=20 whole state, for the term of six years, and shall be at least thirty = years old=20 at the time of his election.

40. - 17. The style of all process, shall be "The state of = Mississippi," and=20 all prosecutions shall be carried on in the name and by the authority of = "The=20 state of Mississippi," and shall conclude "against the peace and dignity = of the=20 same."41. - 18. A court of probates shall be established in each county = of this=20 state, with jurisdiction in all matters testamentary and of = administration in=20 orpbans' business and the allotment of dower, in cases of idiotcy and = lunacy,=20 and of persons non compos mentis; the judge of said court shall be = elected by=20 the qualified electors of the respective counties, for the term of two=20 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=20 circuit, probate, and other inferior courts, shall be elected by the = qualified=20 electors of the respective counties, and shall hold their offices for = the term=20 of two years.

43. - 20. The qualified electors of each county shall elect five = persons for=20 the term of two years, who shall constitute a board of police for each = county, a=20 majority of whom may transact business; which body shall have full = jurisdiction=20 over roads, highways, ferries, and bridges, and all other matters of = county=20 police, and shall order all county elections to fill vacancies that may = occur in=20 the offices of their respective counties: the clerk of the court of = probate=20 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=20 not have resided one year in the county: but this qualification shall = not extend=20 to such new counties as may hereafter be established until one year = after tbeir=20 orgainization; and all vacancies that may occur in said board shall be = supplied=20 by election as aforesaid to fill the unexpired term.

45. - 22. The judges of all the courts of the state, and also the = members of=20 the board of county police, shall in virtue of their offices be = conservators of=20 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=20 chosen in each county by the qualified electors thereof, by districts, = who shall=20 hold their offices for the term of two years. The jurisdiction of = justices of=20 the peace shall be limited to causes in which the principal of the = amount in=20 controversy shall not exceed fifty dollars. In all causes tried by a = justice of=20 the peace, the right of appeal shall be secured under such rules and = regulations=20 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=20 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=20 elected by qualified voters of their respective districts, whose = compensation=20 and term of service, shall be prescribed by law.

49. 26. The legislature shall, provide by law for determining = contested=20 elections of judges of the high court of errors and appeals, of the = circuit and=20 probate courts, and other officers.

50. - 27. The judges of the several courts of this state, for wilful = neglect=20 of duty or other reasonable cause, shall be removed by the governor on = the=20 address of two-thirds of both houses of the legislature; the address to = be by=20 joint vote of both houses. The cause or causes for which such removal = shall be=20 required, shall be stated at length in such address, and on the journals = of each=20 house. The judge so intended to be removed, shall be notified and = admitted to a=20 hearing in his own defence before any vote for such address shall pass; = the vote=20 on such address shall be taken by yeas and nays, and entered on the = journals of=20 each house.

51. - 28. Judges of probate, clerks, sheriffs, and other county = officers, for=20 wilful neglect of duty, or misdemeanor in office, shall be liable to = presentment=20 or indictment by a grand jury, and trial by a petit jury, and upon = conviction=20 shall be removed from office.

52. - 3d. The chief executive power of this state shall be vested in = a=20 governor. It will be proper to consider his qualifications; by whom he = is=20 elected; the time for which he is elected; his rights, duties and = powers; and=20 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=20 a citizen of the United States for twenty years, shall have resided in = this=20 state at least five years next preceding the day of his election, and = shall not=20 be capable of holding the office more than four in any term of six = years. Art.=20 5, s. 3.

54. - 2. The governor shall be elected by the qualified elector's of = the=20 state. Art. 5, s. 2.

55. - 3. He shall hold his office for two years from the time of his=20 installation. Art 5, s. 1.

56. - 4. He shall, at stated times, receive for his services a = compensation=20 which shall not be increased or diminished during the term for which he = shall be=20 elected. Art. 5 s. 4.

57. - 5. He shall be commander-in-chief of the army and navy in this = state,=20 and of the militia, except when they shall be called into the service of = the=20 United States. Art. 5, s. 5.

58. - 6. He may require information in writing, from the officers in = the=20 executive department, on any subject relating to the duties of their = respective=20 offices. Art. 5, s. 6.

59. - 7. He may, in cases of emergency, convene the legislature at = the seat=20 of government, or at a different place, if that shall have become, since = their=20 last adjournment, dangerous from an enemy or from disease; and in case = of=20 disagreement between the two houses with respect to the time of = adjournment,=20 adjourn them to such time as he shall think proper, not beyond the day = of the=20 next stated meeting of the legislature. Art. 5, s. 7.

60. - 8. He shall from time to time give to the legislature = information of=20 the state of the government, and recommend to their consideration, such = measures=20 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.=20 9.

62. - 10. In all criminal and penal cases, except in those of treason = and=20 impeachment, he shall have power to grant reprieves and pardons, and = remit=20 fines; and in cases of forfeiture to stay the collection until the end = of the=20 next session of the legislature, and to remit forfeitures by and with = the advice=20 and consent of the senate. In cases of treason he shall have power to = grant=20 reprieves by and with the advice and consent of the senate, but may = respite the=20 sentence until the end of the next session of the legislature. Art. 5, = s.=20 10.

63. - 11. All commissions shall be in the name and by the authority = of the=20 state of Mississippi; be sealed with the great seal, and signed by the = governor,=20 and be attested by the secretary of state. The governor is also invested = with=20 the veto power. Art. 5, s. 15 and 16.

64. Whenever the office of governor shall become vacant by death,=20 resignation, removal from office, or otherwise, the president of the = senate=20 shall exercise the office of governor until another governor shall be = duly=20 qualified; and in case of the death, resignation, removal from office, = or other=20 disqualifications of the president of the senate so exercising the = office of=20 governor, the speaker of the house of representatives shall exercise the = office,=20 until a president of the senate shall have been chosen; and when the = office of=20 governor, president of the senate, and speaker of the house shall become = vacant,=20 in the recess of the senate, the person acting as secretary of state for = the=20 time being, shall by proclamation convene the senate, that a president = may be=20 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=20 America. This state was admitted into the Union by a resolution of = congress,=20 approved March 2, 1821, 3 Story's L. U. S. 1823, by which it is = resolved, that=20 Missouri shall be admitted into this Union on an equal footing with the = original=20 states, in all respects whatever. To this resolution there is a = condition, which=20 having been fulfilled, it is now useless here to repeat.

2. The convention which formed the constitution of this state = assembled at=20 St. Louis, on Monday the 12th of June, 1820, and continued by = adjournment, till=20 the 19th day of July, 1820, when the constitution was adopted, = establishing "an=20 independent republic by the name of the `state of Missouri.'"

3. The powers of the government are divided into three distinct = departments,=20 each of which is confided to a separate magistracy. Art. 2.

4. - 1st. The legislative power is vested in a general assembly, = which=20 consists of a senate and house of representatives. 1. The senate is to = consist=20 of not less than fourteen nor more than thirty-three members. The = senators are=20 chosen by tho electors for the term of four years; one-half of the = senators are=20 chosen every second year. 2. The house of representatives is never to = consist of=20 more than one hundred members. The members are chosen by the qualified = electors=20 every second year.

5. - 2d. The executive power is vested in a governor and = lieutenant-governor.=20 1. The supreme executive power is vested in a chief magistrate, styled = "the=20 governor of the state of Missouri." Art. 4, s. 1, He is elected by the = people,=20 and holds his office for four years, and until a successor be duly = appointed and=20 qualified. Art. 4, s. 3. He is invested with the veto power. Art. 4, s. = 10. The=20 lieutenant-governor is elected at the same time, in the same manner, for = the=20 same term, and is required to possess the same qualifications as the = governor.=20 Art. 4, s. 14. He is by virtue of his office president of the senate, = and when=20 the office of governor becomes vacant by death, resignation, absence = from the=20 state, removal from office, refusal to qualify, or otherwise, the=20 lieutenant-governor possesses all the powers and discharges all the = duties of=20 governor until such vacancy be filled, or the governor, so absent or = impeached,=20 shall return or

be acquitted. And in such case there shall be a new election after = three=20 months previous notice.

6. - 3d. The judicial powers are vested by the 5th article of the=20 constitution as follows:

1. The judicial powers, as to matters of law and equity, shall be = vested in a=20 "supreme court," in a "chancellor," in "Circuit courts," and in such = inferior=20 tribunals as the general assembly may, from time to time, ordain and=20 establish.

7. - 2. The supreme court, except in cases otherwise directed by this = constitution, shall have appellate jurisdiction only, which shall be = coextensive=20 with the state, under the restrictions and limitations in this = constitution=20 provided.

8. - 3. The supreme court shall have a general superintending control = over=20 all inferior courts of law. It shall have power to issue writs of habeas = corpus,=20 mandamus, quo warranto, certiorari, and other original remedial writs; = and to=20 hear and determine the same.

9. - 4. The supreme court shall consist of three judges, any two of = whom=20 shall be a quorum, and the said judges shall be conservators of the = peace=20 throughout the state.

10. - 5. The state shall be divided into convenient districts, not to = exceed=20 four; in each of which the supreme court shall hold two sessions = annually, at=20 such place as the general assembly shall appoint; and when sitting in = either=20 district, it shall exercise jurisdiction over causes originating in that = district only: provided, however, that the general assembly may, at any = time=20 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=20 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=20 the peace, until otherwise directed by the general assembly. It shall = hold its=20 terms in such place in each county as may be by law directed.

12. - 7. The state shall be divided into convenient circuits, for = each of=20 which a judge shall be appointed, who, after his appointment, shall = reside, and=20 be a conservator of the peace, within the circuit for which he shall be=20 appointed.

13. - 8. The circuit courts shall exercise a superintending control = over all=20 such inferior tribunals as the general assembly may establish; and over = justices=20 of the peace in each county in their respective circuits.

14. - 9. The jurisdiction of the court of chancery shall be = co-extensive with=20 the state and the times and places of holding its sessions shall be = regulated in=20 the same manner as those of the supreme court.

15. - 10. The court of chancery shall have original and appellate=20 jurisdiction in all matters of equity, and a general control over = executors,=20 administrators, guardians, and minors, subject to appeal, in all cases, = to the=20 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=20 inferior courts of chancery, the circuit courts shall have jurisdiction = in=20 matters of equity, subject to appeal to the court of chancery, in such = manner,=20 and under such restrictions, as shall be prescribed by law.

17. - 12. Inferior tribunals shall be established in each county, for = the=20 transaction of all county business; for appointing guardians; for = granting=20 letters testamentary, and of administration; and for settling the = accounts of=20 executors, administrators, and guardians.

18. - 13. The governor shall nominate, and, by and with the advice = and=20 consent of the senate, appoint the judges of the supreme court, the = judges of=20 the circuit courts, and the chancellor, each of whom shall hold his = office=20 during good behaviour, and shall receive for his services a = compensation, which=20 shall not be diminished during his continuance in office, and which = shall not be=20 less than two thousand dollars annually.

19. - 14. No person shall be appointed a judge in the supreme court, = nor of a=20 circuit court, nor chancellor, before he shall have attained to the age = of=20 thirty years; nor shall any person continue to exercise the duties of = any of=20 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=20 their offices during good behaviour. For any misdemeanor in office, they = shall=20 be liable to be tried aud removed by the Supreme court, in such manner = as the=20 general assembly shall by law provide.

21. - 16. Any judge of the supreme court, or of the circuit court, or = the=20 chancellor, may be removed from office on the address of two-thirds of = each=20 house of the general assembly to the governor for that purpose; but each = house=20 shall state on its respective journal the cause for which it shall wish = the=20 removal of such judge or chancellor, and give him notice thereof; and he = shall=20 have the right to be heard in his defence in such manner as the general = assembly=20 shall by law direct; but no judge nor chancellor shall be removed in = this manner=20 for any cause for which he might have been impeached.

22. - 17. In each county there shall be appointed as many justices of = the=20 peace as the public good may be thought to require. Their powers and = duties, and=20 their duration in office, shall be regulated by law.

23. - 18. An attorney general shall be appointed by the governor, by = and with=20 the advice and consent of the senate. He shall remain in office four = years, and=20 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=20 conducted in the name of the "state of Missouri;" all writs shall be = tested by=20 the clerk of the court from which they shall be issued, and all = indictments=20 shall conclude, "against the peace and dignity of the state."

MISTAKE, contracts. An error committed in relation to some = matter of=20 fact affecting the rights of one of the parties to a contract.

2. Mistakes in making a contract are distinguished ordinarily into, = first,=20 mistakes as to the motive; secondly, mistakes as to the person, with = whom the=20 contract is made; thirdly, as to the subject matter of the contract; = and,=20 lastly, mistakes of fact and of law. See Story, Eq. Jur. 110; Bouv. = Inst. Index,=20 h. t.; Ignorance; Motive.

3. In general, courts of equity will correct and rectify all mistakes = in=20 deeds and contracts founded on good consideration. 1 Ves. 317; 2 Atk. = 203; Mitf.=20 Pl. 116; 4 Vin. Ab. 277; 13 Vin. Ab. 41; 18 E. Com. Law Reps. 14; 8 Com. = Digest,=20 75; Madd. Ch. Prac. Index, h. t.; 1 Story on Eq. ch. 5, p. 121; Jeremy's = Eq.=20 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,=20 t. 2, s. 1, n. 22. As to mistakes made in practice, and as to the = propriety or=20 impropriety of taking advantage of them, see Chitt. Pr. Index, h. t. As = to=20 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=20 trying, as if the jury come from the wrong county or because there was = no issue=20 formed, as if no plea be entered; or some other defect of jurisdiction. = 3 Cro.=20 284; Hob. 5; 2 M. & S. 270.

MISUSE OF PROPERTY. The unlawful use of property.

2. The misuse of personal property delivered lawfully to the = defendant, is a=20 conversion which will enable the owner immediately to maintain trover. 6 = Shepl.=20 382; 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=20 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=20 justifiable nor excusable, yet they show that the offender has been = greatly=20 tempted; as, for example, when a starving man steals bread to satisfy = his=20 hunger, this circumstance is taken into consideration in mitigation of = his=20 sentence.

3. In actions for damages, or for torts, matters are frequently = proved in=20 mitigation of damages. In an action for criminal conversation with the=20 plaintiff's wife, for example, evidence may be given of the wife's = general bad=20 character for want of chastity; or of particular acts of adultery = committed by=20 her, before she became acquainted with the defendant; 12 Mod. R. 232; = Bull. N.=20 P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the plaintiff has = carried=20 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.=20 562; 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=20 issue prove the crime, which is imputed to the plaintiff, yet he is in = many=20 cases allowed to give evidence of the plaintiff's general character in=20 mitigation of damages. 2 Campb. R. 251; 1 M. & S. 284.

MITIOR SENSUS, construction. The more lenient sense. It was = formerly=20 held in actions for libel and slander, that when two or more = constructions could=20 be put upon the words, one of which would not be actionable the words = were to be=20 so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. = It is=20 now, however, well established, that they are not to be taken in the = more=20 lenient, or more severe sense, but in the sense which fairly belongs to = them,=20 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,=20 to pass the estate; mitter le droit, to pass a right. 2 Bl. Com. 324; = Bac. Ab.=20 Release, C; Co. Lit. 193, 273, b. Mitter a large, to put or, set at = large. Law=20 French Dict. h. t.

MITTIMUS, English practice. A writ enclosing a record sent to = be tried=20 in a county palatine; it derives its name from the Latin word mittimus, = "we=20 send." It is the jury process of these counties, and commands the proper = officer=20 of the county palatine to command the sheriff to summon the jury for the = trial=20 of the cause, and to return the record, &c. 1 M. R. 278; 2 M. R. = 88.

MITTIMUS, crim. law, practice. A precept in writing, under the = hand=20 and seal of a justice of the peace, or other competent officer, directed = to the=20 gaoler or keeper of a prison, commanding him to receive and safely keep, = a=20 person charged with an offence therein named until he shall be delivered = by due=20 course of law. Co. Litt. 590.

MIXED. To join; to mingle. A compound made of several simples = is said=20 to be something mixed.

MIXED ACTIONS, practice. An action partaking of a real and = personal=20 action by which real property is demanded, and damages for a wrong = sustained: an=20 ejectment is of this nature. 4 Bouv. Inst. n. 3650.

MIXED OR COMPOUND LARCENY, crim. law. A larceny which has all = the=20 properties of simple larceny, and is accompanied with one or both the=20 aggravations of violence to the person or taking from the house.

MIXED GOVERNMENT. A government composed of some of the powers = of a=20 monarchical, aristocratical, and democratical government. See = Government.

MIXED PROPERTY. That kind of property which is not altogether = real nor=20 personal, but a compound of both. Heir-looms, tomb-stones, monuments in = a=20 church, and title deeds to an estate, are of this nature. 1 Ch. Pr. 95; = 2 Bl.=20 Com. 428; 3 Barn. Adolph. 174; 4 Bingh. R. 106; S. C. 13 Engl. Com. Law = Rep.=20 362.

MIXT CONTRACT, civil law. One in which one of the parties = confers a=20 benefit on the other, and requires of the latter something of less value = than=20 what he has given; as a legacy charged with something of less value than = the=20 legacy itself. Poth. Oblig. n. 12. See Contract.

MIXTION. The putting of different goods or chattels together = in such a=20 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=20 same bag, and the like. 2. The intermixture may be occasioned by the = wilful act=20 of the party, or owner of one of the articles; by the wilful act of a = stranger;=20 by the neglilence of the owner or a stranger; of by accident. See, as to = the=20 rights of the parties under each of these circumstances, the article = Confusion=20 of goods. Vide Aso & Man. Inst. B. 2, t.

MOBBING AND RIOTING, Scotch law. The general term mobbing and = rioting=20 includes all those convocations of the lieges for violent and unlawful = purposes,=20 which are attended with injury to the persons or property of the lieges, = or=20 terror and alarm to the neighborhood in which it takes place. The two = phrases=20 are usually placed together, but, nevertheless, they have distinct = meanings, and=20 are sometimes used separately in legal language; the word mobbing being=20 peculiarly applicable to the unlawful assemblage and violence of a = number of=20 persons, and that of rioting to the outrageous behaviour of a single = individual.=20 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=20 is to be worked or employed.

2. The Act of Congress of July 4, 1836, section 6, requires an = inventor who=20 is desirous to take out a patent for his invention, to furnish a model = of his=20 invention, in all cases which admit of represent ation by model, of a = convenient=20 size to exhibit advantageously its several parts.

MODERATE CASTIGAVIT, pleading. The name of a plea in trespass = by which=20 the defendant justifies an assault and battery, because he moderately = corrected=20 the plaintiff, whom he had a right to correct. 2 Chit. Pl. 676; 2 Bos. = &=20 Pull. 224. Vide Correction, and 15 Mass. R. 347; 2 Phil. Ev. 147; Bac. = Ab.=20 Assault, &c. C.

2. This plea ought to disclose, in general terms, the cause which = rendered=20 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=20 place at the time of making the contract by a condition, which shall = have=20 that effect; for example, if I sell you one thousand bushels of corn, = upon=20 condition that any crop shall produce that much, aud it produces only = eight=20 hundred bushels, the contract is modified, it is for eight hundred = bushels, and=20 no more.

12. It may be modified by the consent of both parties, after it has = been=20 made. See 1 Bouv. Inst. n. 733.

MODO ET FORMA, pleading. In manner and form. These words are = used in=20 tendering an issue in a civil case.

2. Their legal effect is to put in issue all material circumstances = and no=20 other, they may therefore be always used with safety.

3. These words are sometimes of the substance of the issue and = sometimes=20 merely words of form. When they are of the substance of the issue, they = put in=20 issue the circumstances alleged as concomitants of the principal matter = denied=20 by the pleader, such as time, place, manner, &c. When not of the = substance=20 of the issue they do not put in issue such circumstances. Bac. Ab. Plea, = G 1;=20 Lawes' Pl. 120; Hardr. 39. To determine when they are of the substance = of the=20 issue and when not so, the established criterion is, that when the = circumstances=20 of manner, time, place, &c. alleged in connexion with the principal = fact=20 traversed, are originally and, in themselves material, and therefore = necessary=20 to be proved as stated, the words modo et forma are of the substance of = the=20 issue, and do, consequently, put those concomitants in issue; but that = when such=20 concomitants or circumstances are not in themselves material, and = therefore not=20 necessary to be proved as stated, the words modo et forma, are not of = the=20 substance of the issue, and consequently do not put them in issue. Lawes = on Pl.=20 120; and see Gould, Pl. c. 6, 22; Steph. Pl. 213; Dane's Ab. Index, h. = t.;=20 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=20 tithing allowed, different from the general law of taking tithes in = kind, as a=20 pecuniary compensation, or the performance of labor, or when any means = are=20 adopted by which the general law of tithing is altered, and a new method = of=20 taking them is introduced, it is called a modus decimandi, or special = manner of=20 taking tithes. 2 Bl. Com. 29.

MOHATRA, French law. The name of a fraudulent contract, made = to cover=20 a usurious loan of money.

2. It takes place when an individual buys merchandise from another = oil a=20 credit at a high price, to sell it immediately to the first seller, or = to a=20 third person, who acts as his agent, at a much less price for cash. 16 = Toull. n.=20 44; 1 Bouv. Inst. n. 1118.

MOIETY. The half of anything; as, if a testator bequeath one = moiety of=20 his estate to A, and the other to B, each shall take an equal part. = Joint=20 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=20 proprietor of a landed estate, against those who disturb his possession, = It is=20 chiefly used in questions of commonty, or, of controverted marches. = Ersk. Prin.=20 B. 4, t. 1, n. 48.

MOLITER MANUS IMPOSUIT, pleading. In an action of trespass to = the=20 person, the defendant frequently justifies by pleading that he used no = more=20 force than was necessary to remove the plaintiff who, was unlawfully in = the=20 house of the defendant, and for this purpose he gently laid his hands = upon him,=20 molitur manus imposuit.

2. This plea may be used whenever the defendant laid hold of the = plaintiff to=20 prevent his committing a breach of the peace.

3. When supported by evidence, it is a complete defence. Ham. N. P. = 149; 2=20 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=20 power is entrusted to the hands of a single magistrate. Toull. tit. = pr=C7l. n. 30.=20 The country governed by a monarch is also called a monarchy.

MONEY. Gold, silver, and some other less precious metals, in = the=20 progress of civilization and commerce, have become the common standards = of=20 value; in order to avoid the delay and inconvenience of regulating their = weight=20 and quality whenever passed, the governments of the civilized world have = caused=20 them to be manufactured in certain portions, and marked with a Stamp = which=20 attests their value; this is called money. 1 Inst. 207; 1 Hale's Hist. = 188; 1=20 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=20 Mass. 122; 2 N. H. Rep. 333; 17 Mass. 560; 7 Cowen, 662; 4 Pick. 74; = Bravt. 24;=20 a check; 4 Bing. 179; S. C. 13 E. C. L. R. 295; and negotiable notes; 3 = Mass.=20 405; will be so considered. To support a count for money had and = received, the=20 receipt by the defendant of bank notes, promissory notes: 3 Mass. 405; 3 = Shepl.=20 285; 9 Pick. 93; John. 132; credit in account, in the books of a third = person; 3=20 Campb. 199; or any chattel, is sufficient; 4 Pick. 71; 17 Mass. 560; and = will be=20 treated as money. See 7 Wend. 311; 8 Wend. 641; 7 S. & R. 246; 8 T. = R. 687;=20 3 B. & P. 559; 1 Y. & J. 380.

3. The constitution of the United States has vested in congress the = power "to=20 coin money, and regulate the value thereof." Art. 1, s. 8.

4. By virtue of this constitutional authority, the following = provisions have=20 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=20 mint, coins of gold, silver, and copper, of the following denominations, = values,=20 and descriptions, viz: Eagles; each to be of the value of ten dollars, = or units,=20 and to contain two hundred and forty-seven grains and four-eighths of a = grain of=20 pure, or two hundred and seventy grains of standard, gold. Half eagles; = each to=20 be of the value of five dollars, and to contain one hundred and = twenty-three=20 grains and six-eighths of a pure, or one hundred and thirty-five grains = of=20 standard gold. Quarter eagles; each to be of the value of two dollars = and a half=20 dollar, and to contain sixty-one grains and seven-eighths of a grain of = pure, or=20 sixty-seven grains and four-eighths of a grain of standard gold. = Dollars, or=20 units; each to be of the value of a Spanish milled dollar, as the same = is now=20 current, and to contain three hundred and seventy-one grains and = four-sixteenth=20 parts of a grain of pure, or four hundred and sixteen grains of standard = silver.=20 Half dollars; each to be of half the value of the dollar or unit, and to = contain=20 one hundred and eighty-five grains and ten-sixteenth parts of a grain of = pure,=20 or two hundred and eight grains of standard, silver. Quarter dollars; = each to be=20 of one-fourth the value of the dollar, or unit, and to contain = ninety-two grains=20 and thirteen-sixteenth parts of a grain of pure, or one hundred and four = grains=20 of standard, silver. Dimes; each to be of the value of one-tenth of a = dollar, or=20 unit, and to contain thirty-seven grains and two sixteenth parts of a = grain of=20 pure, or forty-one grains and three-fifth parts of a grain of standard, = silver.=20 Half dimes; each to be of the value of one-twentieth of dollar, and to = contain=20 eighteen grains and nine-sixteenth parts of a grain of pure, or twenty = grains=20 and four-fifth parts of a grain of standard, silver. Cents; each to be = of the=20 value of the one-hundredth part of a dollar, and to contain eleven = pennyweights=20 of copper. Half cents; each to be of the value of half a cent, and to = contain=20 five pennyweights and, a half a pennyweight of copper.

5. - 10. That upon the said coins, respectively, there shall be the = following=20 devises and legends, namely: Upon one side of each of the said coins = there shall=20 be an impression emblematic of liberty, with an inscription of the word = liberty,=20 and the year of the coinage; and, upon the reverse of each of the gold = and=20 silver coins, there shall be the figure or representation of an eagle, = with this=20 inscription, "United States of America:" and, upon the reverse of each = of the=20 copper coins there shall be an inscription which shall express the = denomination=20 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=20 shall, by law, be current as money within the United States, shall be as = fifteen=20 to one, according to quantity in weight, of pure gold or pure silver; = that is to=20 say, every fifteen pounds weight of pure silver shall be of equal value = in all=20 payments, with one pound weight of pure gold; and so in proportion, as = to any=20 greater or less quantities of the respective metals.

7. - 12. That the standard for all gold coins of the United States, = shall be=20 eleven parts fine to one part alloy: and accordingly, that eleven parts = in=20 twelve, of the entire weight of each of the said coins, shall consist of = pure=20 gold, and the remaining one-twelfth part of alloy; and the said alloy = shall be=20 composed of silver and copper in such proportions, not exceeding = one-half=20 silver, as shall be found convenient; to be regulated by the director of = the=20 mint for the time being, With the approbation of the president of the = United=20 States, until further provision shall be made by law. And to the end = that the=20 necessary information may be had in order to the making of such further=20 provision, it shall be the duty of the director of the mint, at the = expiration=20 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=20 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=20 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=20 one thousand four hundred and eighty-five parts fine to one hundred and=20 seventy-nine parts alloy; and, accordingly, that one thousand four = hundred and=20 eighty-five parts in one thousand six hundred and sixty-four parts, of = the=20 entire weight of each of the said coins, shall consist of pure silver, = and the=20 remaining one hundred and seventy nine parts of alloy, which alloy shall = be=20 wholly of copper.

9. - 2. Act of June 28, 1834, 4 Sharsw. cont. of Story's Laws U. S. = 2376.

1. That the gold coins of the United States shall contain the = following=20 quantities of metal, that is to say: each eagle shall contain two = hundred and=20 thirty-two grains of pure gold, and two hundred and fifty-eight grains = of=20 standard gold; each half-eagle, one hundred and sixteen grains of pure = gold, and=20 one hundred and twenty-nine grains of standard gold; each quarter eagle = shall=20 contain fifty-eight grains of pure gold, and sixty-four and a half = grains of=20 standard gold; every such eagle shall be of the value of ten dollars; = every such=20 half eagle shall be of the value of five dollars; and every such quarter = eagle=20 shall be of the value of two dollars and fifty cents; and the said gold = coins=20 shall be receivable in all payments, when of full weight, according to = their=20 respective values; and when of less than full weight, at less values,=20 proportioned to their respective actual weights.

10. - 2. That all standard gold or silver deposited for coinage after = the=20 thirty-first of July next, shall be paid for in coin under the direction = of the=20 secretary of the treasury, within five days from the making of such = deposit,=20 deducting from the amount of said deposit of gold and silver, one-half = of one=20 per centum: Provided, That no deduction shall be made unless said = advance be=20 required by such depositor within forty days.

11. - 3. That all gold coins of the United States, minted anterior to = the=20 thirty-first day of July next, shall be receivable in all payments at = the rate=20 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.=20 9. That of the silver coins, the dollar shall be of the weight of four = hundred=20 and twelve and one-half grains; the half dollar of the weight of two = hundred and=20 six and one-fourth grains; the quarter dollar of the weight of one = hundred and=20 three and one-eighth grains; the dime, or tenth part of a dollar, of the = weight=20 of forty-one and a quarter grains; and the half dime, or twentieth part = of a=20 dollar, of the weight of twenty grains, and five-eighths of a grain. And = that=20 dollars, half dollars, and quarter dollars, dimes and half dimes, shall = be legal=20 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=20 hundred and fifty-eight grains; that of the half eagle, one hundred and=20 twenty-nine grains; and that of the quarter eagle, sixty-four and = one-half=20 grain;. And that for all sums whatever, the eagle shall be a legal = tender of=20 payment for ten dollars; the half eagle for five dollars and the quarter = eagle=20 for two and a half dollars.

14.- 11. That the silver coins heretofore issued at the mint of the = United=20 States, and the gold coins issued since the thirty-first day of July, = one=20 thousand eight hundred and thirty-four, shall continue to be legal = tenders of=20 payment for their nominal values, on the same terms as if they were of = the=20 coinage provided for by this act.

15. - 12. That of the copper coins, the weight of the cent shall be = one=20 hundred and sixty-eight grains, and the weight of the half cent eighty = four=20 grains. And the cent shall be considered of the value of one hundredth = part of a=20 dollar, and the half cent of the value of one two-hundredth part of a=20 dollar.

16. - 13. That upon the coins struck at the mint, there shall be the=20 following devices and legends; upon one side of each of said coins, = there shall=20 be an impression emblematic of liberty, with an inscription of the word = LIBERTY,=20 and the year of the coinage; and upon the reverse of each of the gold = and silver=20 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=20 coin; but on the reverse of the dime and half dime, cent and half cent, = the=20 figure of the eagle shall be omitted.

17. - 38. That all acts or parts of acts heretofore passed, relating = to the=20 mint and coins of the United States, which are inconsistent with the = provisions=20 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,=20 or cause or procure to be falsely made, forged, or counterfeited, or = willingly=20 aid or assist in falsely making, forging, or counterfeiting any coin, in = the=20 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=20 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,=20 publish, or sell, or attempt to pass, utter, publish, or sell, or bring = into the=20 United States, from any foreign place, with intent to pass, utter, = publish, or=20 sell, as true, any such false, forged, or counterfeited coin, knowing = the same=20 to be false, forged, or counterfeited, with intent to defraud any body = politic,=20 or corporate, or any other person or persons, whatsoever; every person, = so=20 offending, shall be deemed guilty of felony, and shall, on conviction = thereof,=20 be punished by fine, not exceeding five thousand dollars, and by = imprisonment,=20 and confinement to hard labor, not exceeding ten years, according to = the,=20 aggravation of the offence.

19. - 21. That, if any person or persons shall falsely make, forge, = or=20 counterfeit, or cause or procure to be falsely made, forged or = counterfeited, or=20 willingly aid or assist in falsely making, forging or counterfeiting any = coin,=20 in the resemblance or similitude of any copper coin, which has been, or=20 hereafter may be, coined at the mint of the United States; or shall = pass, utter,=20 publish, or sell, or attempt to pass, utter, publish or sell, or bring = into the=20 United States, from any foreign place, with intent to pass, utter, = publish, or=20 sell as true, any such false, forged, or counterfeited coin, with intent = to=20 defraud any body politic, or corporate, or any other person or persons=20 whatsoever; every person so offending, shall be deemed guilty of felony, = and=20 shall, on conviction thereof, be punished by fine, not exeeeding one = thousand=20 dollars, and by imprisonment, and confinement, to hard labor, not = exceeding=20 three years. See generally, 1 J. J. Marsh. 202; 1 Bibb, 330; 2 Wash. = 282; 3=20 Call, 557; 5 S. & R. 48; 1 Dall. 124; 2 Dana, 298; 3 Conn. 534; 4 = Harr.=20 & 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=20 mint of the United States, and the branches thereof, conformably in all = respects=20 to law, (except that on the reverse of the gold dollar the figure of the = eagle=20 shall be omitted), and conformably in all respects to the standard for = gold=20 coins now established by law, coins of gold of the following = denominations and=20 values, viz.: double eagles, each to be of the value of twenty dollars, = or=20 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=20 tender for twenty dollars, and the gold dollar shall be a legal tender = for one=20 dollar.

23. - 3. That all laws now in force in relation to the coins of the = United=20 States, and the striking and coining the same, shall, so far as = applicable, have=20 full force and effect in relation to the coins herein authorized, = whether, the=20 said laws are penal or otherwise; and whether they are for preventing=20 counterfeiting or debasement, for protecting the currency, for = regulating and=20 guarding the process of striking and coining, and the preparations = therefor, or=20 for the security of the coin, or for any other purpose.

24. - 4. That, in adjusting the weights of gold coins henceforward, = the=20 following deviations from the standard weight shall not be exceeded in = any of=20 the single pieces; namely, in the double eagle, the eagle, and the half = eagle,=20 one half of a grain, and in the quarter eagle, and gold dollar, one = quarter of a=20 grain; and that, in weighing a large number of pieces together, when = delivered=20 from the chief coiner to the treasurer, and from the treasurer to the=20 depositors, the deviation from the standard weight shall not exceed = three=20 pennyweights in one thousand double eagles; two pennyweights in one = thousand,=20 eagles; one and one half pennyweights in one thousand half eagle;; one=20 pennyweight in one thousand quarter eagles; and one half of a = pennyweight in one=20 thousand gold dollars.

25. - 6. Act of March 3, 1851. Minot's Statutes at Large, U. S. = 591.

26. - 11. That from and after the passage of this act, it shall be = lawful to=20 coin at the mint of the United States and its branches, a piece of the=20 denomination and legal value of three cents, or three hundredths of a = dollar, to=20 be composed of three-fourths silver and one-fourth copper and to weigh = twelve=20 grains and three eighths of a grain; that the said coin shall bear such = devices=20 as shall be conspicuously different from those of the other silver = coins, and of=20 the gold dollar, but having the inscription United States of America, = and its=20 denomination and date; and that it shall be a legal tender in payment of = debts=20 for all sums of thirty cents and under. And that no ingots shall be used = for the=20 coinage of the three cent pieces herein authorized, of which the quality = differs=20 more than five thousandths from the legal standard; and that in = adjusting the=20 weight of the said coin, the following deviations from the standard = weight shall=20 not be exceeded, namely, one half of a grain in the single piece, and = one=20 pennyweight in a thousand pieces.

MONEY BILLS, legislation. Pills or projects of laws providing = for=20 raising revenue, and for making grants or appropriations of the public=20 treasure.

2. The first clause of the seventh section of the constitution of the = United=20 States declares, "all bills for raising revenue shall originate in the = house of=20 representatives; but the senate may propose or concur with amendments, = as on=20 other bills." Vide Story on the Const. 871 to 877.

3. What bills are properly "bills for raising revenue," in the sense = of the=20 constitution, has been matter of some discussion. Tucker's Black. App. = 261 and=20 note; Story, 877. In practice, the power has been confined to levy taxes = in the=20 strict sense of the words, and has not been understood to extend to = bills for=20 other purposes, which may incidentally create revenue. Story, Ibid.; 2 = Elliott's=20 Debates, 283, 284.

MONEY COUNTS, pleadings. The common counts in an action of = assumpsit=20 are so called, because they are founded on express or implied promises = to pay=20 money in consideration of a precedent debt; they are of four = descriptions: 1.=20 The indebitatus assumpsit. (q. v.) 2. The quantum meruit. (q. v.) 3. The = quantum=20 valebant. (q. v.) and, 4. The account stated. (q. v.) 2. Although the = plaintiff=20 cannot resort to an implied promise when there is a general contract, = yet he=20 may, in many cases, recover on the common counts, notwithstanding there = was a=20 special agreement, provided it has been executed. 1 Camp. 471; 12 East, = 1; 7=20 Cranch, Rep. 299; 10 Mass. Rep. 287; 7 Johns. Rep. 132; 10 John. Rep. = 136; 5=20 Mass. Rep. 391. It is therefore advisable to insert the money counts in = an=20 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=20 money to which the plaintiff is entitled, and which in justice and = equity, when=20 no rule of policy or strict law prevents it, the defendant ought to = refund to=20 the plaintiff, and which he cannot with a good conscience retain, on a = count for=20 money had and received. 6 S. & R. 369; 10 S. & R. 219: 1 Dall. = 148; 2=20 Dall. 154; 3 J. J. Marsh. 175; 1 Harr. 447; 1 Harr. & Gill. 258; 7 = Mass.=20 288; 6 Wend. 290; 13 Wend. 488; Addis. on Contr. 230.

2. When the money has been received by the defendant in consequence = of some=20 tortious act to the plaintiff's property, as when he cut down the = plaintiff's=20 timber and sold it, the plaintiff may waive the tort and sue in = assumpsit for=20 money had and received. 1 Dall. 122; 1 Blackf. 181; 5 Pick. 285; 1 J. J. = Marsh.=20 543: 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=20 been received by the defendant. 14 S. & R. 179; 1 Pick. 204; 7 S. = & R.=20 246; 1 J. J. Marsh. 544; 3 J. J. Marsh. 6; 7 J. J. Marsh. 100; 3 Bibb, = 378; 11=20 John. 464. But bank notes or any other property received as money, will = be=20 considered for this purpose as money. 17 Mass. 560; 3 Mass. 405; 14 = Mass. 122;=20 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=20 this action, except that which results from the fact of one man's having = the=20 money of another, which he cannot conscientiously retain. 17 Mass. 563, = 579. See=20 2 Dall. 54; Mart. & Yerg. 221; 5 Conn. 71.

MONEY LENT. In actions of assumpsit a count is frequently = introduced=20 in the declaration charging that the defendant promised to pay the = plaintiff for=20 money lent. To recover, the plaintiff must prove that the defendant = received his=20 money, but it is not indispensable that it should be originally lent. = If, for=20 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=20 promise from the person who holds the money to pay it back as money = lent. 5 M.=20 & P. 26; 7 Bing. 266; 9 M. & W. 729; 3 M. & W. 434. See 1 = Chip. 214;=20 3 J. J. Marsh. 37.

MONEY PAID. When one advances money for tbe benefit of another = with=20 his consent, or at his express request, although he be not benefited by = the=20 transaction, the creditor may recover the money in an action of = assumpsit=20 declaring for money paid for the defendant. 5 S. & R. 9. But one = cannot by a=20 voluntary payment of another's debt make himself creditor of that other. = 1=20 Const. R. 472; 1 Gill. & John. 497; 5 Cowen, 603; 10 John. 361; 14 = John. 87;=20 2 Root, 84; 2 Stow. 500; 4 N. H. Rep. 138; 3 John. 434; 8 John. 436; 1 = South.=20 150.

2. Assumpsit for money paid will not lie where property, not money, = has been=20 paid or received. 7 S. & R. 246; 8 Bibb, 378; 14 S. & R. 179; 10 = S.=20 & 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=20 equitable claim, although it could not have been enforced at law, it = cannot be=20 recovered as money paid. See Money had and received.

4. The form of declaring is for "money paid by the plaintiff, for the = use of=20 the defendant and at his request." 1 M. & W. 511.

MONITION, practice. In those courts which use the civil law = process,=20 (as the court of admiralty, whose proceedings are, under the provisions = of the=20 acts of congress, to be according to the course of the civil law,) it is = a=20 process in the nature of a summons; it is either, general, special, or=20 mixed.

2. - 1. The general monition is a citation or summons to all persons=20 interested, or, as is commonly said, to the whole world, to appear and = show=20 cause why the libel filed in the case should not be sustained, and the = prayer of=20 relief granted. This is adopted in prize cases, admiralty suits for = forfeitures,=20 and other suits in rem, when no particular individuals are summoned to = answer.=20 In such cases the taking possession of the property libeled, and this = general=20 citation or nomination, served according to law, are considered = constructive=20 notice to the world of the pendency of the suit; and the judgment = rendered=20 thereupon is conclusive upon the title of the property which may be = affected. In=20 form, the monition is a warrant of the court, in an admiralty cause, = directed to=20 the marshal or his deputy, commanding him in the name of the president = of the=20 United States, to give public notice, by advertisements in such = newspapers as=20 the court may select, and by notification to be posted in public places, = that a=20 libel has been filed in a certain admiralty cause pending, and of the = time and=20 place appointed for the trial. A brief statement of the allegations in = the libel=20 is usually contained in the monition. The monition is served in the = manner=20 directed in the warrant.

3. - 2. A special monition is a similar warrant, directed to the = marshal or=20 his deputy, requiring him to give special notice to certain persons, = named in=20 the warrant, of the pendency of the suit, the grounds of it, and the = time and=20 place of trial. It is served by delivery of a copy of the warrant, = attested by=20 the officer, to each one of the adverse parties, or by leaving the same = at his=20 usual place of residence; but the service should be personal if = possible.=20 Clerke's Prax. tit. 21; Dunlap's Adm. Pr. 135.

4. - 3. A mixed monition is one which contains directions for a = general=20 monition to all persons interested, aud a special summons to particular = persons=20 named in the warrant. This is served by newspaper advertisements, by=20 notifications posted in public places, and by delivery of a copy = attested by the=20 officer to each person specially named, or by leaving it at his usual = place of=20 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=20 other prelate having jurisdiction, issued to compel, by ecclesiastical = censures,=20 those who know of a crime or other matter which requires to be = explained, to=20 come and reveal it. Merl. R=C7pert. h. t.

MONOCRACY. A government by one person only.

MONOCRAT. A monarch who governs alone; an absolute = governor.=20 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=20 polygamy. (q. v.) Wolff, Dr. de la Nat. 857. The state of having only = one=20 husband or one wife at one time.

MONOGRAM. A character or cipher composed of one or more = letters=20 interwoven, being an abbreviation of a name.

2. A signature made by a monogram would perhaps be binding, provided = it could=20 be proved to have been made and intended as a signature. 1 Denio, R. = 471. And=20 there seems to be no reason why such a signature should not be as = binding as one=20 which is altogether illegible. See Initial; Mark; Signature.

MONOMANIA. med. jur. Insanity only upon a particular subject; = and with=20 a single delusion of the mind.

2. The most simple form of this disorder is that in which the patient = has=20 imbibed some single notion, contrary to common sense and to his own = experience,=20 and which seems, and no doubt really is, dependent on errors of = sensation. It is=20 supposed the mind in other respects retains its intellectual powers. In = order to=20 avoid any civil act done, or criminal responsibility incurred, it must=20 manifestly appear that the act in question was the effect of monomania. = Cyclop.=20 Pract. Medicine, title Soundness and Unsoundness of Mind; Dr. Ray on = Insanity,=20 203; 13 Ves. 89; 3 Bro. C. C. 444; 1 Addams' R. 283; Hagg. R. 18; 2 = Addams' R.=20 102; 2 Addams' R. 79, 94, 209; 5 Car. & P. 168; Dr. Burrows on = Insanity,=20 484, 485. Vide Delusion; Mania; and Trebuchet, Jur. de la M=C7d. 55 to = 58

MONOPOLY, commercial law. This word has various = significations. 1. It=20 is the abuse of free commerce by which one or more individuals have = procured the=20 advantage of selling alone all of a particular kind of merchandise, to = the=20 detriment of the public.

2. - 2. All combinations among merchants to raise the price of = merchandise to=20 the injury of the public, is also said to be a monopoly.

3. - 3. A monopoly is also an institution or allowance by a grant = from the=20 sovereign power of a state, by commission, letters patent, or otherwise, = to any=20 person, or corporation, by which the exclusive right of buying, selling, = making,=20 working, or using anything, is given. Bac. Abr. h. t.; 3 Inst. 181.

4. The constitutions of Maryland, North Carolina, and Tennessee, = declare that=20 "monopolies are contrary to the genius of a free government, and ought = not to be=20 allowed." Vide art. Copyyright; Patent.

MONSTER, physiology, persons. An animal which has a = conformation=20 contrary to the order of nature. Dunglison's Human Physiol. vol. 2, p. = 422.

2. A monster, although born of a woman in lawful wedlock, cannot = inherit.=20 Those who have however the essential parts of the human form and have = merely=20 some defect of coformation, are capable of inheriting, if otherwise = qualified. 2=20 Bl. Com. 246; 1 Beck's Med. Jurisp. 366; Co. Litt. 7, 8; Dig. lib. 1, t. = 5, l.=20 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=20 lawfully destroyed. Traill. Med. Jur. 47, see Briand, M=C7d. L=C7g. 1ere = part. c. 6,=20 art. 2, 3; 1 Foder=C7, M=C7d. L=C7g. 402-405.

MONSTRANS DE DROIT. Literally showing of right, in the English = law, is=20 a process by which a subject claim from the crown a restitution of a = right. Bac.=20 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.=20 Pleas, &c. I 12, n. 1.

MONSTRAVERUNT, WRIT OF, Eng. law. A writ which lies for the = tenants of=20 ancient demesne who hold by free charter, and not for those tenants who = hold by=20 copy of court roll, or by the rod, according to the custom of the manor. = F. N.=20 B. 31.

MONTES PIETATIS, or Monts de Pi=C7t=C7. The name of = institutions=20 established by public authority for lending money upon pledge of goods. = In those=20 establishments a fund is provided, with suitable warehouses, and all = necessary=20 accommodations. Directors, manage these concerns. When the money for = which the=20 goods pledged is not returned in proper time, the goods are sold to = reimburse=20 the institutions.

2. These establishments are found principally on the continent of = Europe.=20 With us private persons, called pawnbrokers, perform this office, = sometimes with=20 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=20 the sun in going through the zodiac. In law, when a month simply is = mentioned,=20 it is never understood to mean an astronomical month.

3. The civil or solar month is that which agrees with the Gregorian = calendar,=20 and these months are known by the names of January, February, March, = &c.=20 They are composed of unequal portions of time. There are seven of = thirty-one=20 days each, four of thirty, and one which is sometimes composed of = twenty-eight=20 days, and in leap years, of twenty-nine.

4. The lunar mouth is composed of twenty-eight days only. When a law = is=20 passed or contract made, and the month is expressly stated to be solar = or civil,=20 which is expressed by the term calendar month, or when it is expressed = to be a=20 lunar month, no difficulty can arise; but when time is given for the = performance=20 of an act, and the word month simply is used, so that the intention of = the=20 parties cannot be ascertained then the question arises, how shall the = month be=20 computed? By the law of England a month means ordinarily, in common = contracts,=20 as, in leases, a lunar month; a contract, therefore, made for a lease of = land=20 for twelve months, would mean a lease for forty-eight weeks only. 2 Bl. = Com.=20 141; 6 Co. R. 62; 6 T. R. 224. A distinction has been made between = "twelve=20 months," and "a twelve-month;" the latter has been held to mean a year. = 6 Co. R.=20 61.

5. Among the Greeks and Romans the months were Iunar, and probably = the mode=20 of computation adopted in the English law has been adopted from the = codes of=20 these countries. Clef des Lois Rom. mot Mois.

6. But in mercantile contracts, a month simply signifies a calendar = month; a=20 promissory note to pay money in twelve months, would therefore mean a = promise to=20 pay in one year, or twelve calendar months. Chit. on Bills, 406; 1 John. = Cas.=20 99; 3 B. & B. 187; 1 M. & S. 111; Story on Bills, 143; Story, P. = N. 213;=20 Bayl. on Bills, c. 7; 4 Kent, Comm. Sect. 56; 2 Mass. 170; 4 Mass. 460; = 6 Watts.=20 & Serg. 179.

7. In general, when a statute Speaks of a month, without adding = "calendar,"=20 or other words showing a clear intention, it shall be intended a lunar = month.=20 Com. Dig. Ann. B; 4 Wend. 512; 15 John. R. 358. See 2 Cowen, R. 518; Id. = 605. In=20 all legal proceedings, as in commitments, pleadings, &c. a month = means four=20 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.=20 Ab. 118, n., a month mentioned generally in a statute, has been = construed to=20 mean a calendar month. 2 Dall. R. 302; 4 Dall. Rep. 143; 4 Mass. R. 461; = 4 Bibb.=20 R. 105. In England, in the ecclesiastical law, months are computed by = the=20 calendar. 3 Burr. R. 1455; 1 M. & S. 111.

9. In New York, it is enacted that whenever the term "month," or = "months," is=20 or shall be used in any s