Page:Black's Law Dictionary (Second Edition).djvu/787

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stream for the purpose of operating the mill, with due regard to the ri,-ghta of other owners nl-are and lwiotv him on the stream. Gould v. lsuuon i.)u(-k Co., 13 Gray (Mass) 452; Hutch- illfiuil v. Chase. 30 ML‘. 511. 3 Am. Dec. (H .\lwrc I’. Fleiihcr. 16 Me. 6 ‘allow v. \\ hceicr Cotton L .796. 2-1 F}. . 7 L. Ii. A. 61 .—M in general. a [ rccl of land on or contiguous to a Ville!‘-('0lll'SB_, suitable for the erection and ration of a mill operated by the power fur-

II in! by the stream. See Occum Co. v. -|1I”s:.'-In Mfg. Co., .55 Conn ' '7; llnsbrouct v. 1'9 ca. ' ow. (N. Y.) . , Mandeville v. ('40-L ' 9 llich. 537. Specifically. in Amer- lax mining in“. a parcel of land constituting ii (orlion of the public domain. located and -l ml by the owner of a mining claim under s of the United States (or D|.ll'lilt|S(‘(l by from the government and patented.) not P.\'|'l‘hlIu:_' fiie acres in extent, not including any mineral land. not contiguous to the vein or hie, and occupied and used for the purpose of 1 lniil or for other uses directly count-ctcd with the opnmtinn of the mine; or a similar parcel of land located and actually used for the purpose of a mill or reduction plant, but not by Ric owner of on existing mine nor in connecon nitli any particiiiar mining claim. See . .14’R§v. St‘. § 2337 (U. S. Comp. St. 1901, p. L6.

2. An American money of account, of the mine of the tenth part of a cent.

MILLBANK PRISON. Formerly called the "Penitentiary at Millbank.” A prison at Westminster, for convicts under sentence of trans-portation. until the sentence or order shall be executed, or the convict be entitled to freedom, or be removed to some other place of confinement. This prison is placed under the inspectors of prisons appointed hr the secretary of state, who are a body i-orporrite. "The Inspectors of the Mlllbank Prison.“ The inspectors make regulations for the government thereof. subject to the -ipprohntion of the secretary of state, and 11:-arly reports to him. to be laid before pur- llnmi-nt. The secretary also appoints a gov- (-rnor. chaplain. medical officer. inntron. etc. \\’h:irton.

MILLEATE, or MILL-LEAT. to convey water to or from a mill. i. c. 19.

A trench St. 7 Jac.

MILL!-JD MONEY. This term means iucrcly coined money; and it is not necessary ibat it should he marked or rolled on the edges. Leach, 708.

MIL-R]-IIS. The name of a piece of money in the coinage of Portugal, and the Azores and Madeira islands. Its value at the custom-house. according as it is coined In the &st, second, or third of the places named, is $1.12, or 83% cents, or $1.

MINA. In old English law. A measure of corn or grain. Cowell; Spelmnu.

MINAGE. ing corn by the mina.

A toll or duty paid for sell- Cowell.



To mine or Cowell.

MINARE. In old records. dig mines. Zllinator. a miner.


A plowmnn.

Minntnr innocentibns qni parcit nocentihus. 4 Coke, -15. He threatens the innocent who spares the guilty.

MIND. In its legal sense. “mlnd" means

only the ability to Will, to direct, to permit, or to assent. In this sense, a corporation has a mind, and exerts its mind each time that it assents to the terms of a contract. l\IcDermott v. Evening Journal Ass'n, 43 N. J. Law. 492. 39 Am. Rep. 606. —Mind and memory. A phrase applied to tesuitors. denoting the possession of mental ca- pacity to make a will. In order to make a valid will, the testator must have a sound and disposing mind and memory. In other words. he ought to be capable of making his will, with an understanding of the nature of the business in wbich he is engaged. a recollection of the prop- erty he means to dispose of, of the persons who are the objects of bis bounty, and the manner in which it is to be distributed between them. Harrison v. Rowan, 3 Wash. C. O. 585, Fed. Cns. No. 6,141.

MINE. A pit or excavation in the earth, from which metallic ores or other mineral substances are taken by digging. Webster: Marvel v. llierrllt. 116 U. S. 11, 6 Sup. Ct. 207, 29 L. Ed. 550; Murray v. Allred. 160 Tenn. 100. 43 S. W. 335, 39 L. R. A. 249, (56 Am. St. Rep. 740.

MINER. One who mines: a digger for metals and other minerals. While men of scientific attsinments, or of experience in the use of machinery, are to be found in this class. yet the word by which the class is designated imports neither learning nor skill. Watson v. Lederer, 11 Colo. 577, 19 Pac. 604, 1 L. R. A. 854. 7 Am St. Rep. 263. —Miner‘s inch. See INCH.

MINERAL, 71. Any valuable incrt or lifeless substance formed or dcpositcd in its present position through natuial agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the soil Barringer & Adams, Mines. p. lxxvi.

Any natural constituent of the crust of the earth, inorganic or fossil. bomo,-zeneous in structure. baving R definite chemical composition and known crystallization. See Webster; Cent. Di! t.

The term includes all fossil bodies or matter: dug out of mines or quarries wbence anything may be dug. such as beds of stone which may he qnarricd. Earl of Rosse v. Wainmun, 14 Mecs. S; W. 372.

In its common acceptation, the term may be said to include those pa_rts of the earth wblch are cnpnliie of being mined or extracted from beneath the surface, and which have a commer- cial value. Wiliiams v. South Penn Oil Co., 52 W. Va. 181. 43 S. E. 214. 60 L. R. A. 7%. But, in its widc sense, “miner:ils" may be

described as comprising all the substances which