Page:Black's Law Dictionary (Second Edition).djvu/794

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MITIUS IMPERANTI

Mitinl impernnti meliu: pin-etnr. The more mildly one commands, the better is be obeyed. 3 Inst. 24.

IMIITOYENNETIE. In French law. The joint on nership of two neighbors in a wall, ditch, or hedge which separates their estates.

MITTENDO MANUSCRIPTUM PEDI5 FINIS. An abolished judicial writ address ed to the treasurer and chamberlain oi! the exchequer to search for and transmit the toot of a_ fine acknowledged before justices in eyre into the common pleas. Rog. Orig. 14.

MITTER. L. Fr. To put, to send, or to pass: as, minor l'c-state, to pass the estate; m-mer le droit, to pass a right. These words are used to distinguish diiiferent kinds of re- leases.

MITTER AVANT. L. Fr. In old practice. To put before; to present before a court; to produce in court.

MITTIMUS. In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nut ticl record is pleaded in one court to the record of another court oi! equal or superior jurisdiction, the tenor of the record is brought into chaucery by a ccrtioruri, (q. '12..) and thence sent by wnittimu.-1 into the court where the action is. Tldil. Pr. 745.

In criminal practice. The name of n precept in writing, issuing from a court or magistrate, directed to the sheriiif or other 0lIiceI‘, 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 at law. -Puh. St. Mass. 1SS2, p. 1293. Connolly v. Anderson, 112 Mass. 62; Saunders v. U. S. (D. C.) 73 Fed. 786; Scott v. Splegel. 67 Conn. 349, 35 Atl. 262.

MIXED. Formed by admixture or com- mi.ngli.ug; partaking oi! the nature. character, or legal attributes of two or more distinct kinds or classes.

—Mixed laws. A name sometimes given to those which concern botb persons and property. —lVI.ixed questions. This phrase may mean either tbose which arise from the confiict of foreign and domestic laws, or questions arising on a trial involving both law and fact. Sce Bennett v. Eddy, 120 Mich. 300, 79 N. W. 4S1. —Mixed subjects of property. Such as fall within the definition of things real, but which are nttcndetl. nevertheless, with some of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings, connected with land. Besides these, there are others which. thoiigh things personal in point of dciinition, are. in respect of some of their legal qualities, of the nature of things real; such are animals fenz mitune. charters and deeds. court rolls, and other evidences of the land. together with the chests in which they are contained, ancient family pictures, ornaments, tombstones, coats of armor, with pcnnons and other ensigns, and especially heir-looms. Wharton.

786

MODEL


As to mixed "Action," “Blood," "Contra “Governi;nent," "Jury," “L riagc," "Nuisance," "Policy "Pl'ESll|111 "Property," "Times," and “W'ar," see titles.

MIXTION. The mixture or canfusl of goods or chattels belonging severally diiiferent owners, in such a way that I. can no longer be separated or dlstlnguis as where two measures or wine belonging different persons are poured together into same cask.

MIXTUM IMPERIUM. Lat. In oi English law. hfixed auLhorlty; a kind civil power. A term applied by Lord to the ‘‘power'’ or certain subordinate Li magistrates as distinct from "jurisdictiok Hale, Anal. § 11.

M03. An assemblage oi.‘ many peoph acting in a violent and disorderly nianne defying the law, and committing, nr i ening to commit, depredations upon propert or violence to persons. Alexander v. State, 40 Tex. Gr. R. 395, 50 S. W. 716; Marshall 1'. Buffalo, 50 App. Div. 149, 64 N. Y. Supp. 411; Champaign County v. Church, (32 Ohio St 318, 57 N. E. 50, 48 L. R. A. 738, TS ALI). St. Rep. 718.

The word, in legal use, is practically syn- onymous with “riot," but the iatter is the more correct term.

MOBBING AND RIOTING. In Stllfl law. A general term including all those convocations oi! the lieges for violent and 11» lawful purposes, which are attended with in- jury to the persons or property of the lieg- or terror and alarm to the neighborhood in which it takes place. The two phrases are usually piaced together; but, neveitbeiq they have distinct meanings, and are some times used separately in legal language, the word "mobbing" being peculiarly applicable to the unlawful assemblage and violence 0! a numher oi.‘ persons, and that of "riutiu_I."' to the outrageous behavior of a single indi- vidual. Alis. Crim. Law, c. 23, p. 509.

MOBILIA. Lat Movabies; movable things; otherwise called "res m.oln'les."

Mobilia non liabent situm. Movahlcs have no situs or local habitation. Hohnes v. Remseu, 4 Johns. (N. Y.) Ch. 472, 8 Am. Dec 551.

Mobilin seqnnntnr personam. Movnblcs follow the [law of the] person. Story, Conil. Law, § 378; Broom, Max. 522.

MOCKADOES. A kind of cloth made in England, mentioned i.u St. 23 Eliz. c. 9.

MODEL. A pattern or representation of

something to be made. A I00 8tII1l'i€ -31 50111!!-