In admiralty law. As applied to a steam-vessel, “such speed only is moderate as will permit the steamer reasonably and effectually to avold a collision by slackening speed, or by stopping and re-versing, within the distance at which an ap-proaching vessel can be seen.” The City of New York (C. C.) 35 Fed. 609; The Alliance (D. C.) 39 Fed. 480; The State of Alabama (D. C.) 17 Fed. 952
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. In Roman law. The regula-tlon of justifiable defense. A term used to express that degree of force in defense of the person or property which a person might Bafely use, although it should occasion the death of the aggressor. Calvin; Bell
Source: Black’s Law Dictionary 2nd Ed (1910)
A writ founded on Magna Charta, which lies for him who is amerced in a court, not of rec-ord, for any transgression beyond the quality or quantity of the offense. It Ib addressed to the lord of the court, or his bailiff, com-mandlng Elm to take a moderate amerclament of the parties. New Nat Brev. 167; Fltzh. Nat. Brev. 76
Source: Black’s Law Dictionary 2nd Ed (1910)
A kind of cloth made in England, mentioned in St. 23 Eliz. c. 9
Source: Black’s Law Dictionary 2nd Ed (1910)
A pattern or representation of something to be made. A fac simile ot some
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. A general term including all those convocations of the lieges for violent and un-lawful purposes, which are attended with In-Jury to the persons or property of the lieges, or terror and alarm to tbe neighborhood in which it takes place. The two phrases are usually placed together; but, nevertheless, they have distinct meanings, and are some-times used separately in legal language, the word “mobbing” being peculiarly applicable to the unlawful assemblage nud violence of a number of persons, and that of “rioting” to the outrageous behavior of a single individual. Alls. Crim. Law, c. 23, p. 509
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. Movables; movable thiugs; otherwise called “res mobiles
Source: Black’s Law Dictionary 2nd Ed (1910)
The mixture or confusion of goods or chattels belonging severally to dlfferent owners, in such a way that they can uo longer be separated or distinguished; as where two measures of wine belonging to different persons are poured together into the same cask
Source: Black’s Law Dictionary 2nd Ed (1910)
In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul tiei record is pleaded in one court to the record of another court of equal or superior jurisdic-tion, the tenor of the record is brought into chancery by a certiorari, (q. v.,) and thence sent by mittimus into the court where the action is. Tidd, Pr. 745
Source: Black’s Law Dictionary 2nd Ed (1910)
Formed by admixture or commingling; partaking of the nature, character, or legal attributes of two or more dlstlnct kinds or classes
Source: Black’s Law Dictionary 2nd Ed (1910)
L. Fr. To put, to send, or to pass; as, mitter Vcstate, to pass the estate; mitter le droit, to pass a right These words are used to distinguish different kinds of re-leases
Source: Black’s Law Dictionary 2nd Ed (1910)
L. Fr. In old prae-tice. To put before; to present before a court; to produce in court
Source: Black’s Law Dictionary 2nd Ed (1910)
In French law. The joint ownership of two neighbors in a wall, ditch, or hedge which separates their estates
Source: Black’s Law Dictionary 2nd Ed (1910)
An abolished judicial writ address-ed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a flne acknowledged before Justices in eyre into the common pleas. Reg. orig. 14
Source: Black’s Law Dictionary 2nd Ed (1910)
Alleviation; abatement or diminution of a penalty or punishment Imposed by law. “Mitigating circumstances” are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. See Heaton v. wright, 10 How. Prac. (N. Y.) 82; wandell v. Ed-wards, 25 Hun (N. Y.) 500; Hess v. New York Press Co., 26 App. Div. 73, 49 N. Y, Supp. 894
Source: Black’s Law Dictionary 2nd Ed (1910)
An erroneous, invalid, or nugatory trial; a trial of an action wbicb cannot stand in law because of want of juris-diction, or a wrong drawing of jurors, or dis-regard of some other fundamental requisite
Source: Black’s Law Dictionary 2nd Ed (1910)
Abuse of an office or fran-chlse. 2 Bl. Comm. 153
Source: Black’s Law Dictionary 2nd Ed (1910)
The proper style of the wife of an esquire or a gentleman in England
Source: Black’s Law Dictionary 2nd Ed (1910)
Some unintentional act, omission, or error arising from ignorance, sur-prise, imposition, or misplaced confidence. Code Ga. $ 3117; 1 Story, Eq. Jur. $ 110
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. In the civil law. A sending or putting. Missio in bona, a putting the creditor in possession of the debtor’s property. Mackeld. Rom. Law, $ 521. Missio judicum in consilium, a sending out of the judices (or jury) to make up tbeir sentence. Hallifax, Civil Law, b. 3, c. 13, no. 31
Source: Black’s Law Dictionary 2nd Ed (1910)