Page:Black's Law Dictionary (Second Edition).djvu/796

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MODUS

time of Richard I. Stim. Law Gloss.—Modns linbilis. A valid manner.—Modns levandi fines. The manner of levying lines. The title of a short statute in French Passed in the eighteenth ye-ir of ‘dmird I. .1. Inst 510; 2 Bi. Comm. 3l9.—Mudus tenendi. The manner of holding; 1'. e., the diiferent species of tenuies by which estates are heid.—1VIoflus transfer- x-endi. be manner of transferiing.—Modns vncnndi. The manner of vacating. Ilow and why an estate has been relinquished or surrendered by s tassel to his lord might well he referred to by this phiase. Sec Tray. Lat Max. .3. 1-.—Rank lnoflns. One that is too inigc. Rankness is Ii mere rule of evidence, drawn from the improbahiiity of the fact, rather than an mile of law. 2 Stepb. Comm. 729.

Modns de non deeiniiuido non valet. A mudus (prescription) not to pay tithes is void. Lotft, 421; Cro. Eliz. 511; 2 Share. BL Comm. 31.

Modus et eonventio v-inennt legexn. Custom and ngieemeut overrule law. This maxim forms one of the first principles rel- ative to the law of contracts. The exceptions to the rule here laid down are in cases against public policy, nmralit ', etc. 2 Coke, 73; Broom. Max. 689, u‘91—6‘.)5.

Modns legem flat donatiuni. Custom gives law to the gitt. Co. Litt. 19; Broom,

Max. 459.

MOBILE. L. Fr. Movable. Btena macbles, mmable goods. Britt. c. 11.

MOERDA. The secret killing oi.‘ another; murder. 4 Bl. Comm. 194.

MOFIISSIL. In Hindu law. Separated; particnlarized; the subordinate divisions ota district in contradistinction to sadder or Sudder, which i.l.lJplleS the chief seat 01! government. Wharton.

MOHAMMEDAN LAW. A system oi.‘ native law prevailing among the Moham- uiednns in India, and administered there by the British government.

MOHATRA. In French law. A transaction covering a traudulent device to evade the laws against usury.

It takes place where an individual buys merchandise from another on a credit at a high price, to sell it immediately to the fiist seller, or to a third person who acts as his agent, at a much less price for cash. 1|‘; Tonl.lier, no. 4-1.

MOIIDORE. A gold coin of Portugal, valued at twenty-seven English shillings.

Mon-JTY. The hail’ oi.‘ anything. Joint

tenants are said to hold by moieties. Litt 125; 3 0. B. 274. 233. —Moiet nets. A name sometimes applied to penal an criminal statutes which provide that half the petmity or line shall inure to the benefit of the informer.

TSS

M ON ETA

MOLENDINUM. In old records. A DJ MOLENDUM. A grist; a certain q - tlty of corn sent to a mill to be ground.

MOLESTATION. In Scotch l'1W. A sessory action calsuluted for continuing prietors or landed estates in the lawful session oi! them till the point of rfll determined against all who shall atlnqu disturb their possession. It Is chiefly in questions oi.‘ conmionty or of contro marches. Ersk. Inst. 4, 1, 48.

MOLITURA. The toll or muiture pnl for grinding corn at a mill. Jacob. —1VIolitin-n libern. Free grinding; a li -(Io higve a mill without paying toils to the

ace .

MOLLITER MANUS IMPOSUIT. Lat He gently laid hands upon. Formal words in the old Latin pleas in actions or tr and assault where a defendant justiiied i_ng hands upon the plaintiff, as where it done to keep the peace, etc. The phmflfl literally translated in the modern precuilenn and the original is retained as the a e oi the plen in such cases. 3 Bl. Comm. 21; 1 Chit. Pl. 501, 503; id. 1071.

MOLMUTIAN LAWS. The laws of Dunvallo liloimutuis. a legendary or newly’ icnl king 01! the Britons, who is supposed U have begun his reign about -l00 B. G. The‘ laws were famous in the land till the CO!) quest. Tomlins; lilozley & Whitley.

MOM]-INTUM. In the civil law. An in) stant; an indlvislhle portion oi! Lime. Cni- vi.u.

A portion of time that might be measured: a division or subdivision 01! an hour; nip sweiing in some degree to the modem min me, but of longer duration. Calvin.

MONACHISM. The state oil monks.

MONARCHY. A government in which the supreme power is vested in a single person. Where a monarch is invested with ab solute power, the monarchy is termed ‘O0 potic;" nhere the supreme poner is viitiuliy in the iaws, though the majesty or go‘- ernmsnt and the administration are reolhl in a. single person, it is a "limited" ul' “constitutionai" lX]DLllll'C1Iy. It is hereunt.-iry where the regal power descends iuimedianvly from the possessor to the next heir by blond. as in England; or elective, as was foinsrxly the case in Poland. Wharton.

MONASTERIUM. church. Speiinan.

A monastery; I

MONASTICON. A book giving an account of monasteries, Convents, and religious houses.

MONETA. hit. Money, (q. 11.)