Page:Black's Law Dictionary (Second Edition).djvu/799

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MONSTRAVERUNT, WRIT OF‘ I

MONSTRAVERUNT, WRIT 0}‘. In Lagiisb law. A writ \\ hich lies for the leilllllfs of ancient demesne who hold by free charter, and not for those tenants who hold by I.'0[J\ uf court roll, or by the rod. accordv ing to the custom of the manor. Fitzli. Nat. lsrev. 14.

MONSTRUM. A box in which relies are kept: also a muster of soldiers. Cowell.

MONT]-IS. In Spanish law. Forests or woods. White, New Rev.-op. b. 2, tit. 1, o. 6, § 1.

MONTHS PIETATIS. Public pawnI)r0king estnblislinients; institutions established by gmerninent, in some European countries, for lending small sums or money on pledges of personal property. In France they are called ‘monts de piété."

MONTH. One of the divisions of a year. The space of time denoted by this term varies according as one or another of the following varieties of nionibs is intended:

iatruixaniicut, Containing one-twelfth of the time occupied by the sun in passing through the entire zodiac.

Calcmicr, civil, or solar, which is one of lhe months hi the Gregorian calendar,—.Ian- uary, February. March, etc.,—which are of unequal length.

Lunar, being the period of one revolution of the moon, or twenty-eight days.

MONUMENT. 1. Anything by which the memory of a person or an event is preserved or perpetuated. A tomb where a dead body has been deposited. Mead v. Case, 33 Barb. IN. Y.) 202; In re Ogden. 25 R. I. 373, 3': Atl. ‘I:l.l.

2. in real-property law and surveying, monuments are visible marks or indications lei‘ t on natural or other objects indicating the lines and boundaries or a survey. In this sense the term includes not only posts. pillars, stone markers, cairns, and the like, but also fixed natural objects. blazed trees, and even a watercourse. See Grier v. Pennsyl- rniiia Coal 00.. 1% Pa. 79, 18 At]. 480: Cox v. Fi-eedley, 33 Pa. 124. 75 Am Dec. 584.

Monuments qua nos records vocnlnus umt veritatis et vetuntatis vestigia. Co. Litt 118, Monuments, which we call “rec- urds." are the vestiges of truth and antiq- lilty.

MONYA. In Norman law. Moneyage. A tax or tribute of one shilling on every hearth. payable to the duke every three years, in consideration that he should not alter the coin. Hale, Com. Law, 148, and note.

MOOKTAR. In Hindu law. An agent or attorney.

9]. MORA MOOKTARNAMA. In Hindu law. A written authority constituting an agent; a

power of attorney.

MOOR. An officer in the Isle of Man, who summons the courts [or the several sheudiugs. The ottice is similar to the English bailiff of a hundred.

MOORAGE. A sum due by law or usage for mooring or fastening of ships to trees or

posts at the show, or to a wharf. Wharf Case, 3 Bland (l\id.) 373. MOORING. In maritime law. Anchor-

ing 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 i1 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 any of the periis insured against. See 1 Phil. ins. 963; Walsh v. New York Floating Dry Dock Co., 8 Daly (N. Y.) 387; Iflandreou v. Elsworth, 9 Misc. Rep. 3-10, 29 N. Y. Supp. 694; Bramii-all v. Sun Mut. Ins. 00.. 10-1 Mass. 516, 6 Am. Rep. 261.

MOOT, n. In English law. Moots are exercises in pleading, and in arguing doubt- ful cases and questions, by the students of an i.nn 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. —Muot hill. Hill of meeting. (gemot.) on which the Britons used to hold their courts, the judge sitting on the eminence; the parties, etc., on an elevated platform below. Ens. Loud.

MOOT, adj. A subject for argument; unsettled; undecided. A moot point is one not settled by judicial decisions. A moot case is one which seeks to determine an abstract question which does not arise upon existing facts or rights. Adams v. Union R. Co., 21 R I. 134. 42 Ail 515. 44 L. R. A. 273. —Mnut court. A court iuld for the argu of moot cases or qncstions.—Moot hall. ' place where moot cases were argued. Xlso a council-chamber, ball of judgment, or town-balL —Moot man. One of those who used to argue the reader's cases in the inns of court.

in; e

MOOTA CANUM. In old English law. A pack of dogs. Cowell.

MOOTING. The exercise of arguing questions of law or equity, raised for the purpose. See Moor.

MOBA. Lat. In the Civil law. Delay; default: neglect; culpable delay or default.

Calvin.