Literally, matter in the country; matter of fact, as distinguished from matter of law, or matter of record. Steph. Pl. 197. Vide Country....
Matter in deed is such matter as may be proved or established by a deed or specialty. In another sense it signifies matter of fact, in contradistincti...
pleading. Matter which goes in denial of a declaration, and Dot in avoidance of it. Bac. Ab. Pleas, &c. G 3; Hob. 127....
ct contained in such pleading, but admitting them avoids them. Bac. Ab. Pleas, &c. G 3. Matter of law, is that which is referred to the decision of th...
Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialt...
Equity pleading. That which is altogether irrelevant to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet. 4 Bouv. In...
equity pleading. A false and malicious statement of facts, not relevant to the cause. But nothing which is positively relevant, however harsh or gross...
The time when a bill or note becomes due. In order to bind the endorsers such note or bill must be protested, when not paid, on the last day of grace....
An established principle or proposition. A principle of law universally admitted, as being just and consonant With reason.2. Maxims in law are somewha...
To be permited; to be at liberty; to have the power.2. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the...
crimes. 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 defe...
Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit, &c. 3 Tho. Co. Litt. 548....
officer. The chief or executive magistrate of a city who bears this title.2. It is generally his duty to cause the laws of the city to be enforeed, an...
ction of offences committed within the city, and of other matters specially given them by the statute....
d of all the rest, they must be all equally invariable; but, in order to make this certainty perfectly sure, the following precautions have been adopt...
prac. Those principles or rules of law which control a jury in adjusting or proportioning the damages, in certain cases. 1 Bouv. Inst. n. 636....
This word is sometimes used for mesne. (q. v.)...
A corruption of Maison de Dieu. (q. v.)...
Those incident to primary powers, given by a principal to Iiis agent. For example, the general authority given to collect, receive and pay debts due b...
The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes. Vattel, Droit des Gens, liv. 2...
One who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences. Sometimes this...
That science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in courts of jus...
A box containing an assortment of medicines.2. The act of congress for the government and regulation of seamen in the merchant service, sect. 8, 1 Sto...
Half tongue. This expression was used to signify that a jury for the trial of a foreigner or alien for a crime, was to be composed one half of natives...
med. jur. A name given by the ancients to a species of par- tial intellectual mania, now more generally known by the name of monomania. (q. v.) It bor...
Scotch law. Improvements of an estate, other than mere repairs; betterments. (q. v.) 1 Bell s Com. 73....
English practice. A writ which in certain cases issues after an imperfect inquisition returned on a capias utlugatum in outlawry. This melius inquiren...
This word has various significations: 1. The limits of the body use- ful in self-defence. Membrum est pars corporis habens destinatum operationem in c...
A member of the senate or house of representatives of the United States.2. During the session of congress they are privileged from arrest, except for ...
English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful places of exportation...
Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. I...
insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, "N. B. Corn, fish, salt, fruit, flour and...
These words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of frauds and perjuries, which enact, that "no...
It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied a...
A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is calle...
Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary.2. Memory is sometimes employed to express...
According to the English common law, which has been altered by 2 & 3 Wm. IV., c. 71, the time of memory commenced from the reign of Richard the First,...
A threat; a declaration of an intention to cause evil to happen to another.2. When menaces to do an injury to another have been made, the party making...
This term is applied to servants who live under their master s roof Vide stat. 2 H. IV., c. 21....
This comprehends all goods and necessaries for livelihood. Obsolete....
The phrase a mensa et thoro is applied to a divorce which separates the husband and wife but does not dissolve the marriage. Vide Divorce....
By this term is understood all those things which merchants sell either wholesale or retail, as dry goods, hardware, groceries, drugs, &c. It is usual...
One whose business it is to buy and sell merchandise; this applies to all persons who habitually trade in merchandise. 1 Watts & S. 469; 2 Salk. 445.2...
A ship or vessel employed in a merchant s service. This term is used in opposition to a ship of war....
s of a number of the States, that its provisions shall not apply to such accounts as concern trade and merchandise between merchant and merchant, thei...
Practice. To be in mercy, signifies to be liable to punishment at the discretion of the judge....
crim. law. The total or partial remission of a punishment to which a convict is subject. When the whole punishment is remitted, it is called a pardon;...
This is the French word for mother. It is frequently used as, in ventre sa mere, which signifies; a child unborn, or in the womb....
Where a greater and lesser thing meet, and the latter loses its separate existence and sinks into the former. It is applied to estates, rights, crimes...
estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate estate, the less is immediately merged,...