Legal Articles

MISCARRIAGE

In medical Jurisprudence. The expulsion of the ovum or embyro from the uterus within the first six MISCARRIAGE 783

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MISERICORDIA

Lat. Mercy; a fine or amerciament; an arbitrary or discretionary amercement.

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MISSILIA

In Roman law. Gifts or liberalities, which the prators and consuls were iu the habit of throwing among the people. Inst. 2, 1, 45.

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MITTIMUS

In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul ticl record is pleaded in one court to the record of another court of equal or superior jurisdiction, the tenor of the record is brought into chancery by a certiorari, (q. v..) and thence sent by mittimus into the court where the actiou is. Tidd, Pr. 745. In criminal practice. The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff or other ofheer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep such person until he shall be delivered by due course of law. Pub. St. Mass. 1882, p. 1293. Connolly v. Anderson, 112 Mass. 02; Saunders v. U. S. (D. C.) 73 Fed. 780; Scott v. Spiegel, 07 Conn. 349, 35 Atl. 202.

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MODO ET FORMA

Lat. In manner and form. Words used in the old Latin forms of pleadings by way of traverse, and literally translated in the modern precedents, Importing that the party traversing denies the allegation of the other party, not only in its general effect, but in the exact manner and form in which It is made. Steph. PI. 189, 190.

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MONARCHY

A government in which the supreme power is vested in a single person. Where a monarch is invested with absolute power, the monarchy is termed “despotic;” where the supreme power is virtually in the laws, though the majesty of government and the administration are vested in a single person, it is a “limited” or “constitutional” monarchy. It is hereditary where the regal power descends immediately from the possessor to the next heir by blood, as in England ; or elective, as was formerly the case in Poland. Wharton.

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MONOMACHY

A duel; a single combat It was anciently allowed by law for the trial or proof of crimes. It was even per- mitted in pecuniary causes, but it is now forbidden both by the civil law and canon laws.

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MOORING

Iu maritime law. Anchoring or making fast to the shore or dock; the securing or confining a vessel in a particular station, as by cables and anchors or by a line or chain run to the wharf. A vessel is “moored In safety,” within the meaning of a policy of marine insurance, when she is thus moored to a wharf or dock, free from any immediate danger from auy of the perils insured against. See 1 Phil. Ins. 908; Walsh v. New York Floating Dry Dock Co., 8 Daly (N. Y.) 387; Flandreau v. Elsworth, 9 Misc. Rep. 340. 29 N. Y. Supp. 094; Bramhall v. Sun Mut. Ins. Co., 104 Mass. 510, 0 Am. ltep. 261. MOOT, n. In English law. Moots are exercises in pleading, and In arguing doubtful cases and questions, by the students of an inn of court before the benchers of the inn. Sweet. In Saxon law. A meeting or assemblage of people, particularly for governmental or judicial purposes. The more usual forms of the word were “mote” and “gemot.” See those titles.

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MORSELLVM, or MORSELLUS, TER- RiE

In old English law. A small parcel or bit of land. MORT CIVILE. In French law. Civil death, as upon conviction for felony. It was nominally abolished by a law of the 31st of May, 1S54, but something very similar to it in effect at least, still remains. Thus, the property of the condemned, possessed by him at the date of his conviction, goes and belongs to his successors, (liC’ritiers,) as iu case of au intestacy; and his future acquired property goes to the state by right of its pre- rogative, (par droit de d6sli6rence) but the state may, as a matter of grace, make it over In whole or In part to the widow and children. Brown.

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MOTHER

A woman who has borne a child; a female parent; correlative to “son” or “daughter.” The term may also include a woman who is pregnant See Howard v. People, 1S5 111. 552, 57 N. E. 441; Latshaw v. State, 156 Ind. 194, 59 N. E. 471.

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MULIER PUISNE

L. Fr. When a man has a bastard son. and afterwards marries the mother, and by her has also a legitimate sou, the elder son is bustard eiyni, and the younger son is mulier puisnd.

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MUNICIPAL

A public corporation, created by government for political purposes, and having subordinate and local powers of legislation; c. g., a coun- ty, town, city, etc. 2 Kent, Comm. 275. An incorporation of persons, inhabitants of a particular place, or connected with a particular district, enabling them to conduct its local civil government. Glov. Mun. Corp. 1. In English law. A body of persons in a towu having the powers of acting as one person, of holding and transmitting property, and of regulating the government of the town. Such corporations existed in the chief towns of England (as of other countries) from very early times, deriving their authority from “incorporating” charters granted by the crown. Wharton.

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MUTA-CANUM

A kennel of hounds; one of the mortuaries to which the crown was entitled at a bishop’s or abbot’s decease. 2 Bl. Comm. 426.

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MYSTERY

A trade, art, or occupation. 2 Inst 008. Masters frequently bind them- selves in the indentures with their apprentices to teach them their art, trade, and mystery. State v. Bishop, 15 Me. 122; Bar- ger v. Caldwell, 2 Dana (Ky.) 131.

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