Blacks Law Dict. 1st ed

MIXED PRESUMPTIONS

MODERATA MISERICORDIA

782

to different persons are poured together into the same cask. MIXTUM IMPERIUM. Lat. In old English law. Mixed authority; a kind of civil power. A term applied by Lord Hale to the "power" of certain subordinate civil magistrates as distinct from "jurisdiction." Hale, Anal. § 11. MOB. An assemblage of many people, acting in a violent and disorderly manner, defying the law, and committing, or threat ening to commit, depredations upon property or violence to persons. The word, in legal use, is practically syn onymous with "riot," but the latter is the more correct term. MOBBING AND RIOTING. 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 the 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 and violence of a number of persons, and that of "rioting" to the outrageous behavior of a single indi vidual. Alis. Crim. Law, c. 23, p. 509. MOBILIA. Lat. Movables; movable things; otherwise called "res mobiles." Mobilia non habent situm. Movables have no situs or local habitation. 4 Johns. Ch. 472. Mobilia sequuntur personam. Mov ables follow the [law of the] person. Story, Conn. Law, § 378; Broom, Max. 522. MOCKADOES. A kind of cloth made in England, mentioned in St. 23 Eliz. c. 9. MODEL. A pattern or representation of something to be made. A fac simile of some thing invented, made on a reduced scale, in compliance with the patent laws. MODERAMEN INCULPATJE TU TELJE. Lat. In Roman law. The regu lation of justifiable defense. A term used to express that degree of force in defense of the person or property which a person might safely use, although it should occasion the death of the aggressor. Calvin.; Bell. MODERATA MISERICORDIA. A writ founded on Magna Charta, which lies

as opposed to policies of insurance for a par ticular voyage, without any limits as to time, and also to purely time policies, in which there is no designation of local termini at all. Mozley & Whitley. MIXED PRESUMPTIONS. Presump tions partaking of the nature both of pre sumptions of law and presumptions of fact; i. e., presumptions of fact recognized by law. MIXED PROPERTY. Property which is personal in its essential nature, but is in vested by the law with certain of the charac teristics and features of real property. Heir looms, tombstones, monuments in a church, and title-deeds to an estate are of this nature. 2 61. Comm. 428; 3 Barn. & Adol. 174; 4 Bing. 106. MIXED QUESTIONS. This phrase may mean either those which arise from the conflict of foreign and domestic laws, or questions arising on a trial involving both law and fact. MIXED SUBJECTS OP PROPERTY. Such as fall within the definition of things real, but which are attended, nevertheless, with some of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings, connected with land. Besides these, there are others which, though things personal in point of definition, are, in respect of some of their legal qualities, of the nature of things real; such are animals feroe natures, charters and deeds, court rolls, and other evidences of the land, together with the chests in which they are contained, ancient family pictures, ornaments, tomb stones, coats of armor, with pennons and oth er ensigns, and especially heir-looms. Whar ton. MIXED TITHES. In ecclesiastical law. Those which arise not immediately from the ground, but from those things which are nourished by the ground, e. g., colts, chick ens, calves, milk, eggs, etc. 3 Burn, Ecc. Law, 380; 2 Bl. Comm. 24. MIXED WAR. A mixed war is one which is made on one side by public author ity, and on the other by mere private per sons. 1 Hill, 377, 415. MIXTION. The mixture or confusion of goods or chattels belonging severally to different owners, in such a way that they can no longer be separated or distinguished; as where two measures of wine belonging

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