English law. A monastery; a church. | of the Lat. denarius Dei, and English God's MÓNATH, Moneth. Sax. [from mona, the moon.] Month; a month. Beda, lib. de temp. rat. c. 13. Spelman. MONEIA. L. Lat. [from L. Fr. monnoye.] In old English law. Money. This form occurs in Domesday, and is doubtless the immediate origin of the modern English word. Spelman. MONETA. Lat. [from monere, to warn, because by the impression upon it we are warned whose it is, (that is, by whom coined,) and what is its value.] In civil and old English law. Money. Falsa moneta; counterfeit money. Čod. 9. 24. Monetam conterfactam. Mem. in Scacc. M. 22 Edw. I. De moneta et chambio domini regis; of the money and exchange of the lord the king. Bract. fol. 117. MONETARE. L. Lat. [from moneta, q. v.] In old English law. To coin money. Monetandi jus comprehenditur in regalibus quæ nunquam a regio sceptro abdicantur. The right of coining money is comprehended among those royal prerogatives which are never relinquished by the royal sceptre. Dav. R. 18. Monetarium; a mint. Towns. Pl. 180, 260. Monetarius; a moneyer, or coiner. Fleta, lib. 1, c. 22, § 6. See Monier. MONETH. An old form of month. Leon. 16. MONEY COUNTS. In pleading. A species of common counts, so called from the subject matter of them; embracing the indebitatus assumpsit count for money lent and advanced, for money paid and expended, and money had and received, together with the insimul computassent count, or count for money due on an account stated. 1 Burr. Pr. 132. MONIED CORPORATION. Construed by statute, in New-York, to mean "every corporation having banking powers, or having the power to make loans upon pledges or deposits, or authorized by law to make insurances." 1 Rev. Stat. [598, § 51,] 601, § 61. See 3 Comstock's R. 479. MONIER, Moneyer. [L. Lat. monetarius.] In old English law. A minister of the mint, who made and coined the king's money. There were several of these moniers or workmen ; some to shear the money, some to forge it, others to beat it broad, some to round it, and some to stamp or coin it." Cowell, vocc. Moniers, Mint. A banker; one who dealt in money. Cowell. MONIALA. L. Lat. In old English law. A nun. Stat. Westm. 2, c. 34. In Fleta, the word is written monialis. Lib. 1, c. 39, § 4. Id. lib. 2, c. 1, § 11. MONITION. [Lat. monitio, from monere, to warn.] In admiralty practice. The 3 summons to appear and answer, issued on filing the libel; which is either a simple monition in personam, or an attachment and monition, in rem. Benedict's Adm. Pr. 228, 239. It is sometimes termed monition viis et modis, and has been supposed to be derived from the old Roman practice of summoning a defendant. Johnson, J. 10 Wheaton's R. 490. MONEY, MONEYS. [Lat. moneta, q. v.] Cash; that is, gold and silver, or the lawful circulating medium of the country, including bank notes, when they are known and approved of, and used in the market as cash. Co. Litt. 207 a. Lord Ellenborough, 13 East, 20. Kent, C. 1 Johns. Ch. R. 236. The word "moneys" in a will does not comprehend bonds, mortgages, and other choses in action, when there is nothing in the will to show that the testator intended to use the word in that extended sense. 14 Johns. R. 1. MONEY OF ADIEU. In French law. A kind of carnest money. Explained by Pothier to be so called, because it is a piece of money given by the buyer to the seller, when the parties, after having concluded their bargain, separate and say "Adieu." Poth. Contr. of Sale, num. 507. But is it not rather a French form MONMAISTRE. L. Fr. My master. A term of respect applied to a judge. Yearb. M. 3 Hen. VI. 12, 15. MONOMACHIA. Græco-Lat. [from Gr. póvos, alone or single, and páxn, fight.] Single fight; a combat between two; (singularis pugna inter duos.) Sometimes used as another name for the duellum or judicial combat; but applied by Lord Coke to the modern duel. 3 Inst. 157. MONOPOLIUM. Græco-Lat. [from Gr. póvos, alone, and whev, to sell.] The sole power, right, or privilege of sale; monopoly; a monopoly. Calv. Lex. Cod. 4. they had been distrained to do to their lords other services or customs than they or their ancestors had used to do. Reg. Orig. 14. F. N. B. 14 D. So called from the word with which the body of the writ commenced. MONSTRE. L. Fr. Shows. See Ceo. MONTES. Span. In Spanish law. Forests or woods. White's New Recop. b. 2, tit. 1, c. 6, § 1. 59. Grot. de Jur. Bell. lib. 2, c. 12, § 16. Monopolium dicitur, cum unus solus aliquod genus mercaturæ universum emit, pretium ad suum libitum statuens; it is called monopoly, when one single person buys up the whole of a commodity, fixing on it a price at his pleasure. 11 Co. 86 b. MONOPOLY. [from Lat. monopolium, q. v.] The exclusive privilege of selling any commodity. Defined in English law to be "a license or privilege allowed by the king for the sole buying and selling, making, working or using of any thing whatsoever; whereby the subject in general is restrained from that liberty of manufacturing or trading which he had before." ing of from twenty-eight to thirty-one 4 Bl. Com. 159. 4 Steph. Com. 291. Any exclusive right or privilege. MONOYE, Monnoye. L. Fr. Money. De fauscours de sealx et de monoye. Britt. c. 4. MONTH. [O. Eng. moneth, from Sax. monath; Lat. mensis.] A well known division of a year, being either a lunar month, consisting of twenty-eight days or four weeks, or a calendar month, consist days.* Co. Litt. 135 b. 2 Bl. Com. 141. By the common law of England, a month is, in matters temporal, a lunar month. 1 Steph. Com. 265. 2 Bl. Com. 141. The reason of which rule is explained to be, "not only because it is always one uniform period, but because it falls naturally into a quarterly division by weeks." Therefore a lease for "twelve months" is only for forty-eight weeks; but if it be for "a twelve-month," in the singular number, it is good for the whole year. Id. ibid. In statutes and deeds, MONSTER. [Lat. monstrum, partus monstrosus.] A prodigious birth; a human birth or offspring not having the shape of mankind; which cannot be heir to any land, albeit it be brought forth in marriage. Bract. fol. 5. Co. Litt. 7,8. 2 Bl. Com. 246. MONSTER, Monstre, Mouster, Mustre. L. Fr. A church; a monastery. Britt. c. 1. MONSTRANS DE DROIT. L. Fr."month" means a lunar month, unless exIn English law. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party as well as the right of the crown appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the court, whether upon these facts, the king or the subject hath the right. 3 Bl. Com. 256. 4 Co. 54 b. A proceeding under this name is in use in Virginia. 12 Grattan's R. 564. MONSTRANS DE FAITS. L. Fr. In old English practice. A showing of deeds; a species of profert. Cowell. Hale's Anal. sect. XXXV. MONSTRAT per vultum quid sit sub corde sepul tum. He shows by his countenance what is buried in his heart. An old verse quoted by Fleta, lib. 3, c. 15, § 10. MONSTRAVIT, (he hath showed,) and MONSTRAVERUNT, (they have showed.) In old English practice. A writ for the relief of tenants in ancient demesne, where pressly described as calendar, or so appearing from the context. Com. Dig. Ann, B. 1 M. & S. 113. So, in all contracts, unless a contrary intention appear, or unless a general understanding of trade to the contrary be proved. Willes' R. 585. 4 Mod. 185. 1 Stra. 446. So, in all legal proceedings, unless the month be expressly described as calendar. 3 Burr. 1455. 1 Bla. R. 450. Dougl. 463, 446. 2 Chitt. Bl. Com. 140, note. In ecclesiastical matters, on the other hand, "month" means a calendar month. 2 Roll. Abr. 521, 51. 6 Co. 61 b, Catesby's case. Hob. 179. 1 Bla. R. 450. 1 Steph. Com. 265. So, by the custom of trade, as in case of bills of exchange and promissory notes, a month is deemed a calendar month. 3 Brod. & B. 187. This, indeed, is the universal rule of the commercial world, in regard not only to negotiable instruments, but all commercial contracts. Story on Bills, § 330. In the United States, the old English rule is considerably impaired, and the term "month" usually computed, and especially in statutes and judicial proceedings, as calendar. 4 Kent's Com. 94, 95, MOOT HILL. [L. Lat. mallobergium, hill of meeting or council; an elevated place in the open air, where public assemblies or courts were held by the Britons. Wharton's Lex. In Scotland they were called Mute hills, as the famous Mute hill of Scone. Spelman, voc. Mallobergium. In Ireland, Parly hills. Id. ibid. Mote, Mute. note. 4 Dallas' R. 142. 5 Grattan's R. 285. 21 Alabama R. 47. In Georgia, how-mons placiti.] In old English law. A ever, the English rule has been followed. Dudley's R. 107. In New-York, it has been expressly reversed, it being declared by statute that whenever the term "month" or "months" is or shall be used in any statute, act, deed, verbal or written contract, or any public or private instrument whatever, it shall be construed to mean a calendar and not a lunar month, unless otherwise expressed. 1 Rev. Stat. [606,] 615, § 4. MONUMENTUM, Monimentum. L. Lat. In the civil and common law. A monument; a memorial; a chronicle or record. Calv. Lex. Monumenta que nos recorda vocamus sunt veritatis et vetustatis vestigia; the memorials which we call records are the traces of truth and of antiquity. Co. Litt. 118. 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's Hist. Com. Law, 148, and note. MOOT. [L. Lat. mota, from Sax. gemote, a meeting or court, according to Spelman; from Lat. movere, to move or agitate, according to Mr. Crabb.] In English practice. An argument of causes by way of exercise; an argument of fictitious causes, with formalities resembling those of a court. Moots were a sort of exercise in the inns of courts, usually performed by students of a certain standing, preparatory to their commencing practice. Crabb's Hist. 564. Plowden observes, in his preface, that he was a constant attendant "at moots and lectures," while a student. To MOOT, (anciently, To MOTE.) To argue (placitare;) to argue by way of exercise; to argue a fictitious case in form of law. See Moot. To agitate a point by argument, without determining it; to raise a question for argument. MOOT. (adj.) A subject for argument; unsettled; undecided. As a moot case, a moot point. MOOTING. The exercise of arguing questions of law or equity, raised for the purpose. See Moot. MOOT COURT. A court held for the arguing of moot cases or questions. MOOT HALL. The place where moot cases were argued. VOL. II. 14 * See MOOT MAN. One who argued moot cases in the inns of court. One who argued readers' cases in inns of chancery, both in terms and grand vacations. 3 Co. pref. From these mootmen, after eight years' study, or thereabouts, were chosen utter barristers. Id. MORA. Lat. In the civil law. Delay; default; neglect; culpable delay or default. Calv. Lex. 1 Kames' Equity, 324. See In mora. Delay in fulfilling an obligation, as in the payment of money. Dig. 32. 1. 32. Said to be of difficult definition. Id. pr. Nulla intelligitur mora ibi fieri, ubi nulla petitio est; no delay is understood to be made where there is no demand. Id. 50. 17. 88. Mora reprobatur in lege. Delay is reprobated in law. Jenk. Cent. 51, case 97. MORA. L. Lat. In old English law. A moor; a more barren and unprofitable ground than a marsh. Reg. Orig. 2. Fleta, lib. 2, c. 71, § 7. Co. Litt. 5 a. Shep. Touch. 95. Mora mussa; a watery or boggy moor; a moss or morass. 2 Mon. Angl. 306 b. Cowell. MORAL 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 which it leads. Wills' Circ. Evid. 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. Shaw, C. J. in Commonwealth v. Webster, Bemis' Report of the trial, 470.-A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burr. Circ. Ev. 198-200. MORARI. Lat. In old English law. To delay; to pause or rest. Moratur in lege; (he) rests or pauses in law; (he) demurs. See Demorari. MORBUS. Lat. In the civil law. able limits. Thus, it was held that the Disease; sickness. Defined by Sabinus description of "a house in B. and ten (quoted by Ulpian in the Digests,) habi- acres of land there, sive plus, sive minus," tum cujusque corporis contra naturam, qui would not include thirty acres usually ocusum ejus ad id facit deteriorem, cujus cupied with the house. Owen, 133. See causâ natura nobis ejus corporis sanitatem 1 Ves. & Bea. 375. Coventry on Conveydedit; an unnatural habit of body, which ancers' Evidence, 34, 35. 2 Johns. R. 37. impairs its use for that purpose for which 8 Paige's Ch. R. 312. See Plurisve. nature gave us soundness of body. Dig. 21. 1. 1. 7. It was distinguished from vitium, (fault or vice.) Id. ibid. See Dig. 50. 16. 101. 2. MORBUS SONTICUS. Lat. In the civil law. A sickness which rendered a man incapable of attending to any business, (qui cuique rei nocet.) Dig. 50. 16. 113. 1 Mackeld. Civ. Law, 137, § 127, note.— A sickness of the severer kind, having the power of causing great pain. A. Gellius, Noct. Att. lib. 20, c. 1.-A sickness which excused a non-appearance in court. Calv. Lex. Adam's Rom. Ant. 245, 272. Bracton uses this term in treating of the law of essoins, but gives it the meaning of an incurable disease. Bract. fol. 344 b. See Sonticus. MORBOSUS. Lat. [from morbus, q. v.] In the civil law. Diseased. See Dig. 21. 1. 1-16. MORE COLONICO. Lat. In old pleading. In husband-like manner. Towns. Pl. 198. mation 66 Where a party covenants to make a deed to a certain quantity of land "more or less," these words mean that where there is only an inconsiderable deficiency as to the quantity of land, the vendor is not to submit to a deduction from the amount of the purchase money, if the tract of land contains less than the amount; nor is the purchaser to pay more than the sum stipulated, if the tract contains a greater number of acres. The risk in this respect is mutual. The vendor risks as to the sum of money, and the vendee as to the quantity of the land. Phipps v. Tarpley, 24 Mississippi R. 597. In this case, the tract was represented by the vendor to contain 1,000 acres, whereas, upon a survey, it fell short about 80 acres. This was held to be an inconsiderable deficiency. Id. ibid. In Texas, the words 66 more or less" have been held to cover a deficiency of 5 out of 41 acres. 13 Teras R. 223. They are sometimes rejected. See 20 Howard's R. 413. Shelford, Marr. & Div. 9, 10. This kind of marriage still subsists in Germany, under the appellation of a left-handed marriage. Id. ibid. The earliest and clearest description of it is to be found in the Books of Feuds, in which it is treated as a Milanese custom. Feud. Lib. 2, tit. 29. MORE OR LESS. [Lat. sive plus, sive MORGANATIC MARRIAGE. In old minus.] A phrase frequently used in de- European law. A marriage between a scribing the quantity of land conveyed by man of superior, and a woman of inferior a deed or lease; as, "containing by esti- rank, in which it was stipulated that the acres, more or less;" or, con- latter and her children should not enjoy taining in breadth, in front and rear, the rank or inherit the possessions of her feet, and in length on each side, feet, be husband. Brande. the same more or less." It imports that the quantity conveyed is uncertain, or is not warranted; and is adopted by way of precaution in cases where it is possible that there may be a deficiency on actual admeasurement, and the party does not mean to bind himself as to the quantity. In such an event, a small deficiency or a reasonable difference would not be regarded, but a large deficiency, such as 100 acres short, in land described as "349 acres, more or less," would not be tolerated. 2 Russ. R. 570. 2 B. & Adol. 106. 1 Chitt. Gen. Pr. 180. It imports, on the other hand, that in case of the quantity of land proving to be more than that described, the grantee or lessee is to have the benefit of it; but in this case, also, it is to be understood within reason Some have derived this word from the Goth. morgjan, to shorten, but Spelman traces it to morgangiva, (q. v.) MORGANGIVĂ, Morgengeba. L. Lat. [Lomb. morgingap; Sax. morgan gyfe; from morgin, morning, and gab, a gift.] In old European law. A gift made to a wife on the morning of the nuptial day; a species of dower, which Spelman compares to the English dower ad ostium ecclesice. This word occurs in the laws of the Burgundians, Alamanni, Ripuarians and MORGENGAB. Germ. In German or Dutch law. Morning gift; a species of dower. A gift made to the wife on the morning after the marriage. Skene de Verb. Signif. voc. Dos. See Grot. de Jur. Bell. lib. 2, c. 7, § 8, n. 3. See Morgangiva. Lombards, and also in the laws of Canute. | of it. 4 Kent's Com. 135. A conveyance LL. Canuti, c. 71. Spelman. of lands, chattels or other subjects of proMORGEN. Anglo-Dutch. In old New-perty as a security for a debt, upon a conYork law. A measure of land, equal to dition, which in substance is that if the about two acres. O'Callaghan's New-sum due shall be paid at a certain time the Netherlands, vol. 2. Appx. 593. conveyance shall be void, otherwise to become absolute; the latter alternative, however, taking effect subject to the right or equity of redemption, (q. v.)* 2 Bl. Com. 157-159. 4 Kent's Com. 135, 162, et seq.-A debt by specialty, secured by a pledge of lands, of which the legal ownership is vested in the creditor, but of which, in equity, the debtor and those claiming under him remain the actual owners, until debarred by judicial sentence or their own laches. Coote on Mortgages, 1. See 1 Steph. Com. 282-285. 2 Crabb's Real Prop. 845, § 2202. MORIER, Mourir, Moeryer, Moire, Muire, Murer, Murger. L. Fr. [from Lat. morior, moriri, to die.] To die. Kelham. L. Fr. Dict. Moront, moreaunt; they die. Id. Morant; dying. Id. Morera; shall die. Id. Morust; died. Id. MORINA. L. Lat. In old English law. Murrain; a disease of sheep. Fleta, lib. 2, c. 79, § 6. The term mortgage has a definite, technical legal signification, and imports a defeasance and an equity of redemption. 1 Wisconsin R. 420. See 6 Texas R. 110, 294. As to when a deed will be consid MORS. Lat. Death. Mors dicitur ultimum supplicium; death is called the last punishment, the extremity of punish-ered a mortgage, see 12 Howard's R. 139. ment. 3 Inst. 212. MORT D' ANCESTOR. L. Fr. The name of a species of assise, founded on the death of an ancestor. See Assise of mort d' ancestor. MORTGAGE. L. Fr. and Eng. [from mort, dead, and gage, security; L. Lat. mortuum vadium.] In old English law. A dead or unproductive pledge; a pledge of moveables or immoveables by one person to another, as a security for a debt. Called dead, because the contract was that the fruits or rents arising from the thing pledged should not go towards paying off the demand for which it was pledged; or, in Glanville's words, cujus fructus vel reditus interim percepti in nullo se acquietant. Glanv. lib. 10, c. 6. 1 Reeves' Hist. 161. It was thus distinguished from what was called a living pledge, (vivum vadium, or vif gage,) in which the rents and profits went towards the discharge of the debt. Crabb's Hist. 108. In modern law. The conveyance of an estate, by way of pledge for the security of debt, and to become void on payment 1 Wisconsin R. 527. And see United States Digest, Mortgage. According to Littleton, Coke and others, a mortgage is so called, (dead pledge,) because in case of non-payment of the debt at the time limited, the land was forever dead, and gone from the mortgagor, and in case of payment it became dead as to the mortgagee. Litt. sect. 332. Co. Litt. 205 a. 2 Bl. Com. 158. But the explanation of Glanville (supra) gives a much more satisfactory account of the origin of the word. Coote on Mortgages, 9-11. This word seems to have been sometimes written morgage, before the pure French form was adopted. Litt. ub. sup. Spelman, voc. Mortuum vadium. See Mortgage. MORTGAGE OF GOODS. A conveyance of goods in gage, or mortgage, by which the whole legal title passes conditionally to the mortgagee; and if the goods are not redeemed at the time stipulated, the title becomes absolute in law, although equity will interfere to compel a redemption. Story on Bailm. § 287. It is distinguished from a pledge by the circumstance that possession by the pledgee is not, or may not be, essential to create or to support the title. Id. ibid. See 2 Kent's Com. 522-532. 4 Id. 138. MORTGAGEE. The party to whom a mortgage is made or given; the party |