Blacks Law Dict. 1st ed

MESNE PROCESS

METATUS

771

The writ of capias ad respondendum was called "mesne" to distinguish it, on the one hand, from the original process by which a suit was formerly commenced; and, on the other, from the final process of execution. MESNE PROFITS. Intermediate profits; that is, profits which have been accru ing between two given periods. Thus, after a party has recovered the land itself in an action of ejectment, he frequently brings another action for the purpose of recovering the profits which have been accruing or aris ing out of the land between the time when his title to the possession accrued or was raised and the time of his recovery in the action of ejectment, and such an action is thence termed an "action for mesne profits." Brown. MESNE PROFITS, ACTION OF. An action of trespass brought to recover profits derived from land, while the possession of it has been improperly withheld; that is, the yearly value of the premises. MESNE, WRIT OF. An ancient and abolished writ, which lay when the lord par amount distrained on the tenant paravail. The latter had a writ of mesne against the mesne lord. MESNALTT, or MESNALITT. A manor held under a superior lord. The es tate of a mesne. MESS BRIEF. In Danish sea law. One of a ship's papers; a certificate of admeasure ment granted at the home port of a vessel by the government or by some other competent authority. Jac. Sea Laws, 51. MESSAGE FROM THE CROWN. In English law. The method of communi cating between the sovereign and the house of parliament. A written message under the royal sign-manual is brought by a member of the house, being a minister of the crown or one of the royal household. Verbal messages are also someti mes delivered. May, Farl. Pr. c. 17. MESSAGE, PRESIDENT'S. An an nual communication from the president of the United States to congress, made at or near the beginning of each session, embodying his yiews on the state and exigencies of national affairs, suggestions and recommendations for legislation, and other matters. Const. U. S. art. 2, § 3. MESSARITJS. In old English law. A chief servant in husbandry; a bailiff.

MESSE THANE. One who said mass; a priest. Cowell. MESSENGER. One who bears messages or errands; a ministerial officer employed by executive officers, legislative bodies, and courts of justice, whose service consists prin cipally in carrying verbal or written commu nications or executing other orders. In Scotland there are officers attached to the courts, called "messengers at arms." An officer attached to a bankruptcy court, whose duty consists, among other things, in seizing and taking possession of the bank rupt's estate during the proceedings in bank ruptcy. The messenger of the English court of chancery has the duty of attending on the great seal, either in person or by deputy, and must be ready to execute all such orders as he shall receive from the lord chancellor, lord keeper, or lords commissioners. Brown. Messis sementem sequitur. The crop belongs to [follows] the sower. A maxim in Scotch law. Where a person is in posses sion of land which he has reason to believe is his own, and sows that land, he will have a right to the crops, although before it is cut down it should be discovered that another has a preferable title to the land. Bell. MESSUAGE. This term is now synon ymous with "dwelling-house," but had once a more extended signi fication. It is frequently used in deeds, in describing the premises. Although the word "messuage" may, there Is no necessity that it must, import more than the word "dwelling-house," with which word it is frequently put in apposition and used synonymously. 2 Bing. N. C. 617. In Scotland. The principal dwelling house within a barony. Bell. META. Lat. A goal, bound, or turning point. In old English law, the term was used to denote a bound or boundary line of land; a landmark; a material object, asa tree or a pillar, marking the position or beginning of a boundary line. METACHRONISM. An error In com putation of time. METALLUM. In Roman law. Metal; a mine. Labor in mines, as a punishment for crime. Dig. 40, 5, 24, 5; Calvin. METATUS. In old European law. A dwelling; a seat; a station; quarters; the place where one lives or stays. Spelman.

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