Page:Black's Law Dictionary (Second Edition).djvu/795

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MODERAMEN INCULPATE

thing invented, made on a reduced scale, in compliance with the patent laws. see State 1'. Fox, 25 N. J. Law, 506; Montana Ore Pur- clinsing Co. v. BUSIOD, etc., Min C0,, 27 Mont. Zbb. 70 Pac. L126.

MODERAIVIEN INCULPATE TU- TELE. Lat. in Roman law. The regulation of justifiable defense. A term used to express that degree of force in defense or the person or property which a person might sately use. although it should occasion the death of the aggressor. Calvin; Bell.

MODEBATA MISERICORDIA. A writ tounded on .-iluy-im. Uliarta, which lies for bim who is anierced in a court, not 01! recard, for any transgression beyond the quality or quantity or the olifense. It is addressed to the lord of the court, or his ballilI. coinmauding him to take a moderate auiercinnieiit of the parties. New Nat. Brev. 167; Fitzh. Nat. Brev. T6.

MODERATE CASTIGAVIT. Lat. In pleading. He moderately chastised. T'he name of a plea in trespass which Justina an alleged battery on the ground that it consisted i.u a moderate chastise-mcnt oi.‘ the plaintiff by the defendant, which, from their rvlatious, the latter had a legal right to in- filct.

MODERATE SPEED. In admiralty law. as applied to a steam-vessel. "such speed only is modeiate as will permit the steamer reasonably and effectually to avoid a collision by slackening speed, or by stopping and re- rerslug, within the distance at which an approaching vessel can be seen." The City oi.‘ \e\\ Ynik (C. C.) 35 Fed. 609: The Allianca (D. C.) 39 Fed. 480; The State 01! Alabama (D. C.) 11 Fed. 352.

MODERATOR. A chairman or president or an assembly. A person appointed to preside at a popular meeting. The presiding officer oi! town-meetings in New England is so called. See Wheeler v. Carter, 1S0 Mass. 382, 62 N. E. 471.

MODIATIO. In old English law. A certain duty paid for every tierce 01! wine.

Modica. oircnmstantia fnctl jun mntat. A sm.ill Cl|'L‘l1n.lS[.l|]L‘e attending an act may change the law.

MODIFICATION. A change; an alteration which introduces new elements into the details, nr cancels some oi.‘ them, but leaves the general purpose and elifect of the suliiect- matter intact. Wiley v. Corp -ation of Bind“- ton, 111 Ind. 152. 12 N. E. 165; State v. Tuck- er. 36 Or. 291, 61 Pac. 894. 51 L. R. A. 246; Astor r. L’An1oreux, 4 Saudt. (N. Y.) 538.

"Modification" is not exactly synonymous with "amendment," for the former term denotes some

787

MODUS

minor change 1n the substance of the thing, without refrrenre to its ll]][)l'0\'f‘n‘l|'!iI or deterioialion thereby, wliile the latter word imparts an arnelioiution of the thing (as by changing the phraseolugy of an instrument, so as to make it more distinct or S|)PClllC) without in- voliing the idea of any change in substance or ESSCHCE

In Scotch law. The term usually applied to the decree oi! the telnd court an arding a suitable stipend to the minister at a parish. Bell.

MODIFY. To altcr: to change in incl-

dcntal or subordinate teatures. See Moonr- CATION. MODIUS. Lat. A measure. Specifical-

ly, a Human dry measure haiing a capacity of about 550 cubic niches; but i.u medieval English law used as an approximate tnuus1ation of the word “husl1el."

—]i/Iodina tetra vel agri. ln old English law. A quantity of ground containing in lcngth and breadth 100 feet.

MODO ET FORMA. Lat. In niaiinel‘ and form. Words used in the old Latin torins of pleadings by way of traverse, and literally translated in the modern preu.-dents, importing that the party ti-aveising 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. P1. 189, ‘I90.

MODUS. Lat. Manner; means; way.

In old conveyancing. lllode; manner; the arrangement or expressinu oi.‘ the terms of a contract or conreyaiice.

Also a ('0l'l5ldE1'.ltl0lJ; the consideration of a conveyance. technically expressed by the won} ..,,t_..

A qualification, involving the idea of variance or departure from some general rule or term, either by way 01! restriction or en- lZll'g€'lllel1t, according to the circumstance-.s oi.‘ a particular case, the Will of a donor, the particular agreement 01! parties, and the like. Bur-rill.

In criminal pleading. The modus at an indictment is that part of it V\lll('ll contains the narrative of the cominisslnn of the crime; the statement oi! the mode or manner in niiich the offense was committed. Tray. Lat. Max.

In ecclesiastical lsiw. A pcciiliar inan- uer of tithing. grorxing out nt custom. —Modua de nun dccimnndo. In c(-clesinstical law. A custom or pi-csri-iptiori of entire exemption from the payment of tithes: this is not valid. unless in the case OF abliey~hnds.—— Modns decimandj. In E(.(.'l(’ timl law. A manner of tithing: a partial exemption from tiilies, or a pecuniary composition prescribed by iuinienmrial usage. aml of reasonable amount: [or it will be invalid as a ran]: mallils if greater tli.in the value of the tithes in the

In the civil law.