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Bouvier's Law Dictionary

Maxim
Maxim. An Established Principle Or Prop Osition. A Principle Of Law Universally Ad Mitted As Being Just And Consonant With Reason. Maxims Are Said To Have Been Of Compar Atively Late Origin In The Roman Law. There Are None In The Twelve Tables, And They Appear But Rarely In Gaius ...

Mayhem
Mayhem. In Criminal Law. The Act Of Unlawfully And Violently Depriving Another Of The Use Of Such Of His Members As May Render Him Less Able, In Fighting, Either To Defend Himself Or Annoy His Adversary. 8 C. & P. 167, See Com. V. Newell, 7 Mass. 247. "maiheming Is ...

Measure
Measure. A Means Or Standard For Computing Amount. A Certain Quantity Of Something, Taken For A Unit, Which Expresses A Relation With Other Quantities Of The Same Thing. Before The Conquest, The Measures For The Things A Man Handles Are The Thumb, Span, Cubit, Ell ; For The Ground, The ...

Measure Of Damages
Measure Of Damages. A Rule Or Method By Which The Damage Sustained Is To Be Estimated Or Measured. Sedg. Meas. Dam. § 29. It Is The Duty Of The Judge To Explain To The Jurors, As A Matter Of Law, The Footing Upon Which They Should Calculate Their Dam Ages, ...

Mechanics Liens
Mechanics' Liens. The Lien Of Mechanics And Material Men On Buildings And For Work Done And Materials Furnished Is Unknown Either At Common Law Or In Equity ; Davis V. Farr, 13 Pa. 167; Canal Co. V. Gordon, 6 Wall. (u. S.) 561, 18 L. Ed. 894; But It Ex ...

Medical Evidence
Medical Evidence. Testimony Given By Physicians Or Surgeons In Their Profes Sional Capacity As Experts, Or Derived From The Statements Of Writers Of Medical Or Sur Gical Works. This Kind Of Evidence Was First Recognized By Charles V. Of Germany, And Incorporated In The "caroline Code," Framed At Ratisbon In ...

Meeting
Meeting. A Number Of People Having A Common' Duty Or Function, Who Have Come Together For Any Legal Purpose, Or The Trans Action Of Business Of A Common Interest; An Assembly. One Person Does Not Constitute A Meeting; 2 Q. B. Div. 26 ; But Where All Of Certain Preference ...

Mens Rea
Mens Rea. A Term Meaning A Guilty In Tent And Commonly Used Only In Connection With The Maxim, Actus Non Fault Ream, N41 Mens Sit Rea. The Use Of The Term And The Maxim Has Been Criticised. "though The Phrase Is In Common Uae, I Think It Most Unfortunate . ...

Ment
Ment. Highways Are Created Either By Legisla Tive Authority Or By Dedication. First, By Legislative Authority. In Eng Land, The Laying Out Of Highways Is Regulated By Act Of Parliament; In This Country, By General Statutes, Differing In Different States. In England, The Uniform Practice Is To Pro Vide A ...

Mental Suffering
Mental Suffering. Where Mental Suffering Is The Natural And Proximate Result Of A Tort Or Of A Breach Of Contract It Is A Proper Subject Of Compensation, But Standing Alone It Will Not Support An Action Of Which Actual Damages Is The Basis ; Hale, Dam. §§ 39, 40. Damages ...

Merger
Merger. The Question How Far The Cause Of Action Is Merged In A .judgment Some Times Becomes Very Material, As Affecting The Right To Sue On The Former In Another, Jurisdiction. "the Judgment Of A Court Of Competent Jurisdiction Discharges The Obliga Tion Which The Action Is Brought To Enforce. ...

Mesne Profits
Mesne Profits. The Value Of The Prem Ises Recovered In Ejectment, During The Time That The Lessor Of The Plaintiff Has Been Il Legally Kept Out Of The Possession Of His Es Tate By The Defendant : Such Are Properly Re Covered By An Action Of Trespass, Qua/re Claus Uni ...

Military Academy
Military Academy. The Corps Of Cadets At The United States Military Acad Emy At West Point Consists Of One From Each Congressional District, One From Each Tory, One From The District Of Columbia, Two From Each State At Large And Not To Exceed 40 From The United States At Large ...

Military Occupation
Military Occupation. This At Most Gives The Invader Certain Partial And Limited Rights Of Sovereignty. Until Conquest, The Sovereign Rights Of The Original Owner Remain Intact. Conquest Gives The Conqueror Full Rights Of Sovereignty And, Retroactively, Legal Izes All Acts Done By Him During Military Oc Cupation. Its Only Essential ...

Militia
Militia. A Part Of The Military Force Of The Nation, Consisting Of Citizens Called Forth To Execute The Laws Of The Union, Sup Press Insurrection, And Repel Invasion. The Militia Is Essentially The People's Army And Their Defence And Security In Time Of Peace ; City Of Salina V. Blaksley, ...

Milk
Milk. In England Milk Means, Commer Cially Speaking, Skimmed Milk. 14 Q: B. Div. 193, Where It Was Held That The Sale Of Milk Which Had Been Deprived Of Sixty Per Cent Of Its Butter Fat Was Not An Offence Under § 6, Sale Of Food And Other Drugs Act, ...

Mill
Mill. A Complicated Engine Or Machine For Grinding And Reducing To Fine Particles Grain, Fruit, Or Other Substance, Or For Per Forming Other Operations By Means Of Wheels And A Circular Motion. The Building That Contains The Machinery For Grinding, Etc. Webster, Dict. It Has Been Held That The Grant ...

Minerals
Minerals. All Fossil Bodies Or Matters Dug Out Of Mines Or Quarries, Whence Any Thing May Be Dug ; Such As Beds Of Stone Which May Be Quarried. 14 M. & W. 859, Construing 55 Geo. Iii. C. 18 ; Broom, Leg. Max. 175.* Any Natural Production, Formed By The ...

Mines And Mining
Mines And Mining. A Mine Is An Ex Cavation In The Earth For The Purpose Of Ob Taining Minerals. Mines Of Gold And Silver Belonged, At Com Mon Law, To The Sovereign ; 1 Plowd. 310; 3 Kent 378, N. ; Moore V. Smaw, 17 Cal. 222, 79 Am. Dec. ...

Minister
Minister. In Governmental Law. An Officer Who Is Placed Near The Sovereign, And Is Invested With The Administration Of The Government. Ministers Are Responsible To The King Or Other Supreme Magistrate Who Has Appointed Them. Kibbe V. Antram, 4 Conn. 134. In Ecclesiastical Law. One Ordained By Some Church To ...

Misdirection
Misdirection. An Error Made By A Judge In Charging The Jury In A Special Case. It Is A Rule, Subject To The Qualifications Hereafter Stated, That When The Judge At The Trial Misdirects The Jury On Matters Of Law Material To The Issue, Whatever May Be The Nature Of The ...

Misjoind Er
Misjoind Er.' In Pleading. The Improp Er Union Of Parties Or Causes Of Action In One Suit At Law Or In Equity. Of Actions. The Joining Several Demands Which The Law Does Not Permit To Be Joined, To Enforce By One Proceeding Several Distinct, Substantive Rights Of Recovery. Gould, Pl. ...

Misnomer
Misnomer. The Use Of A Wrong Name. In Contracts, A Mistake In The Name Will Not Avoid The Contract, In General, If The Party Can Be Ascertained; 11 Co. 20 ; Ld. Raym. 304; Hob. 125. So Of Contracts Of Corporations; Hoboken Building Ass'n V. Martin, 13 N. J. Eq. ...

Misprision
Misprision. In Criminal Law. A Term Used To Signify Every Considerable Misde Meanor 'which Has Not A Certain Name Given To It By Law. Co. 3d Inst. 36. The Concealment Of A Crime. Negative Misprision Consists In The Con Cealment Of Something Which Ought To Be Revealed. Misprision Of Felony ...

Misrepresentation
Misrepresentation. The Statement Made By A Party That A Thing Is In Fact In A Particular Way, When It Is Not So. The Misrepresentation Must Be Both False And Fraudulent In Order To Make The Party Making It Responsible To The Other For Dam Ages ; Otis V. Raymond, 3 ...

Mixtion
Mixtion. The Putting Of Different Goods Or Chattels Together In Such A Manner That They Can No Longer Be Separated: As, Putting The Wines Of Two Different Persons Into The Same Barrel, The Grain Of Several Persons In To The Same Bag, And The Like. The Intermixture May Be Occasioned ...

Monarchy
Monarchy. That Government Which Is Ruled, Really Or Theoretically, By One Man, Who Is Wholly Set Apart From All Other Mem Bers Of The State. According To The Etymology Of The Word, Monarchy Is That Government In Which One Person Rules Supreme—alone. In Modern Times The Terms Autocracy, Autocrat, Have ...

Money Bills
Money Bills. Bills Or Projects Of Laws Providing For Raising Revenue, And For Mak Ing Grants Or Appropriations Of The Public Money. A Bill For Granting Supplies To The Crown. Such Bills Commence In The House Of Com Mons And Are Rarely Attempted To Be Ma Terially Altered In The ...

Money Had And Received
Money Had And Received. The Technical Designation Of A Form Of Declara Tion In Assumpsit, Wherein The Plaintiff Dares That The Defendant Had And Received Certain Money, Etc. An Action Of Assumpsit Will Lie On A Count For Money Had And Received, To Recover Mon Ey To Which The Plaintiff ...