Page:Black's Law Dictionary (Second Edition).djvu/800

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


MORA

MORA. Sax. A moor; barren or on- profitable ground; marsh; a heath; a watery bog or moor. Co. Lltt. 5; Fietu. 1. 2. 1-. ‘I1.

—1VIox-a mnssn. X‘fl0l'}]SE.

A watery or boggy moor: a

Mora. reprohntnr in lege. Delay is rep- robaled in law. Jenk. Cent. p. 51, case 97.

MORAL. 1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct.

2. Cognizable or eni'oi'ceable onlv by the consclense or by the principles of right conduct, as distinguished from positive law.

3. Depending upon or resulting from prob- ability; ralsing a belief or conviction in the mind independent of strict or logical proof.

4. Involving or affecting the moral sense: as in the phrase "moral insanity."

—lV[ors.l actions. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst. lib. 1. c. l. —1VIora.l certainty. In the law of criminal evidence. That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to wblcli it leads.

Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. State v. Orr, 6-} M0. 3539; Bradley v. State, 31 Ind. 492; Ross v. Montana Union Ry. Co. (G. . 45 Fed. 425; Pl)ul'l' v. State, 10 Tex. App. 455: Terntory v. l\IcAndrews. 3 Mom. 158. A hixh degree of hnpre.-sion of ihe truth of a fact, falling short of absolute certainty, but sufiicient to justify a verdict of guilty. even in u capital case. See Burrill. Circ. Ev. 198-200. The phrase "moral certainty” has been introduced into our jurisprudence from the publicists and metaphysicians anil signifies only a Very high degree of probability. It was observed by Puffendorf that, "when we declare such a thing to be morally certain, because it has been confirm- ed by credible witnesses. this moral certitnde is nothing else but a strong presumption grounded on pl'(JllZlh1€ reasons, and which very seldom fails and deceives us." “Probehle evidence,” says Bisbop Butler, in the opening sentence of his Analogy. “is essentially distinguished from demonstrative by this: that it admits of de- grees, and of till vnricty of them. from the highest moral ceitainty to the very lowest presumption." Com. v. Costley. 118 Mass. 23.—Mors.i evidence. See EVIDli'.NCE.—lVIo!'n.l fraud. This phrase is one of the less usual destions of “.ietual" or “positive” fraud or “ and in fact," as distingnisliecl from “constructive" fraud or "fraud in law." It means fraud which involves octiixil guilt. a wrongful purpose, or moriil ohliquity.—Morul hazard. See HAZ- Ann.—1\{ox-a.1 insanity. See INSANITY.—- Moral law. The law of conscience; the aggregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men shoi-Id conform in their dealings with each other. ‘See Moore v. Stricklin-'. 413 ‘V. Va. 515, 33 S. E. 274. .30 L. R. A. 2'7 Moral obligation. See OBLIGATION. .

MORANDE SOLUTIONIS CAUSA. Lat For the purpose of delaying or post- poning payment or performance.

MORATUR IN LEGE. Lat. He delays In law. The phrase describes the action of

MORE DICITUR

one who demurs, because the party does not proceed in pleading, but rests or abides upon the judgment of the court on a certain point. as to the legal sufiiciency of his opponent! pleading. The court deiibeiate and determine thereupon.

MORAVIANS. Otherwise called “Herm- hutters" or "United Brethren." A sect of Christians whose social polity is purtlcuinr and conspicuous. 1|: sprung up in Moriivla and Bohemia, on the opening of that reformation which stripped the chair of St Peter of so many rotai-ies, and gave birth to so many denominations of Christians. They give evi- dence on their soiemn nllirmation. 2 Steph. Oomm 338m.

MOBBUS SONTICUS. Lat. In the civil law. A sickness which rendered a man incapable of attending to business.

MORE COLONICO. Lat. In Old pleading. In hnsliand—1ike manner. Toivnsb. PL 198.

MORE OR LESS. This phrase, inserted in a conveyance of land iinniediately after the statement of the quantity of land con- veyed. means that such statement is not to be taken as a warranty of the quiiutity, but only an approximate estimate, and that the tract or parcel described is to pass, without regard to an excess or deficiency in the quantity it actually contains. See Brawiey v. U. S.. 96 U. S. 168, 2-} L. Ed. 622; Crislip v. Cain. 19 W. Va. 433: Tyler v. Anderson. 106 Ind. 185, 6 N. E. 600; Jenkins v. Bolglaun. 53 Bid. 420; Sollnger v. Jewett. 25 lnd. -179. 87 Am Dec. 372; Young v. Craig, 2 Blbb (Ky.) 2'70.

MORGANATIC MARRIAGE.}} See Mas- RIAGE.

MORGANGINA, or MORGANGIVA. A gift on the morning after the wedding: dowry; the husband's gift to his wife on the day after the wedding. Du Cange: Cowelt

MORGEN. Anglo-Dutch. In old New York law. A measure of land, equal to about two acres.

MORGIIE. A piece where the bodies of persons found dead are kept f J!‘ a limited time and exposed to view. to the end that their friends may identify them.

MORMONISM. A social and religious system prevailing in the territory 01' Utah. a distinctive feature of which is the practice of polvgamy. These plural marriages are not recognized by law, but are indictable offense: under the statutes of the United States and of Utah.

MORS. Lat. Death.

More dieitnr ultinnun snpplicinm. Death is called the "last punishment." the

“extiemlty of pnnishment.” 3 Inst. 212.