Blacks Law Dict. 1st ed

MITIGATION OF DAMAGES

MIXED POLICY

781

MIXED ACTION. An action partaking of the twofold nature of real and personal actions, having for its object the demand and restitution of real property and also personal damages for a wrong sustained. 3 Bl. Comm. 118. Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for dam ages in respect of such property; such as the ac tion of waste, where, in addition to the recovery of the place wasted, the demandant claims dam ages; the writ of entry, in which, by statute, a de mand of mesne profits may be joined; and dower, in which a claim for detention may be included. 48 Me. 255. In the civil law. An action in which some specific thing was demanded, and also some personal obligation claimed to be per formed; or, in other words, an action which proceeded both in rem and in personam. Inst. 4, 6, 20. MIXED CONTRACT. In the civil law. A contract in which one of the parties con fers a benefit on the other, and requires of the latter something of less value than what he has given; as a donation subject to a charge. Poth. Obi. no. 12. MIXED GOVERNMENT. A form of government combining some of the features of two or all of the three primary forms, viz., monarchy, aris tocracy, and democracy. MIXED JURY. A bilingual jury; a ju ry of the half-tongue. See D E MEDIETATJS LlNGILE. Also a jury composed partly of negroes and partly of white men. MIXED LARCENY. Otherwise called "compound" or "complicated larceny;" that which is attended with circumstances of ag gravation or violence to the person, or taking from a house. MIXED LAWS. A name sometimes given to those which concern both persons and property. MIXED MARRIAGE. A marriage be tween persons of different nationalities; or, more particularly, between persons of differ ent racial origin; as between a white person and a negro or an Indian. MIXED PERSONALTY. Impure per sonalty. MIXED POLICY. A policy of marine insurance in which not only the time is spec ified for which the risk is limited, but the voyage also is described by its local termini;

«tdered as extenuating or reducing the degree «f moral culpability. MITIGATION OP DAMAGES. A re duction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiff's cause of action, or a justification, nor yet of facts which constitute a cause of action in favor of the defendant, but rather facts which show that the plaintiff's conceded cause of action does not entitle him to so large «n amount as the showing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226. MITIOR SENSUS. Lat. The more favorable acceptation. Mitius imperanti melius paretur. The more mildly one commands, the better is he obeyed. 3 Inst. 24. MITOYENNETE. In French law. The joint ownership of two neighbors in a wall, ditch, or hedge which separates their estates. MITTENDO MANUSCRIPTUM PE DIS FINIS. An abolished judicial writ ad dressed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of afineacknowledged before justices in eyre into the common pleas. Keg. Orig. 14. MITTER. L. Fr. To put, to send, or to pass; as, mitter Vestate, to pass the estate; mitter le droit, to pass a right. These words are used to distinguish different kinds of re leases. MITTER AVANT. L. Fr. In old prac tice. To put before; to present before a court; to produce in court. MITTIMUS. In English law. A writ used in sending a record or its tenor from one court to another. Thus, where a nul tiel rec ord 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 certioiari, (q. v.,) and thence sent by mittimiis into the court where the action is. Tidd, Fr. 745. In criminal practice. The name of a precept in writing, issuing from a court or magistrate, directed to the sheriff or other officer, commanding him to convey to the prison the person named therein, and to the jailer, commanding him to receive and safely keep such person until he shall be delivered by due coune of law. Pub. St. Mass. 1882, p. 1298.

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