KFLCC Kingdom Law 2nd Ed.

786

MITIUS IMPERANTI

MODEL

As to mixed "Action," "Blood," "Contract," "Government," "Jury," "Larceny," "Mar riage," "Nuisance," "Policy," "Presumption," "Property," "Tithes," and "War," see those titles. 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 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. Alexander v. State, 40 Tex. Cr. R. 395, 50 S. W. 716; Marshall v. Buffalo, 50 App. Div. 149, 64 N. Y. Supp. 411; Champaign County v. Church, 62 Ohio St 318, 57 N. E. 50, 48 L. R. A. 738, 78 Am. St Rep. 718. 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. Alls. 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. Holmes v. Remsen, 4 Johns. (N. Y.) Ch. 472, 8 Am. Dec. 581. Mobilia sequuntur personam. Movables follow the [law of the] person. Story, Confl. Law, § 378; Broom, Max. 522. MOCKADOES. A kind of cloth made in England, mentioned in St 23 Eliz. c. 9. MODEIi. A pattern or representation of something to be made. A fac simile Of some-

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 PEDIS FINIS. An abolished judicial writ address ed to the treasurer and chamberlain of the exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the common pleas. Reg. Orig. 14. MITTER. L. Fr. To put, to send, or to pass; as, mitter Vestate, to pass the estate; nutter 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 certiorari, {q. v.,) and thence sent by mittimus into the court where the action is. Tidd, Pr. 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 course of law. Pub. St. Mass. 1882, p. 1293. Connolly v. Anderson, 112 Mass. 62; Saunders v. U. S. (D. C) 73 Fed. 786; Scott v. Spiegel, 67 Conn. 349, 35 Atl. 262. MIXED. Formed by admixture or com mingling; partaking of the nature, character, or legal attributes of two or more distinct kinds or classes. —Mixed laws. A name sometimes given to those which concern both persons and property. —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. See Bennett v. Eddy, 120 Mich. 300, 79 N. W. 481. — Mixed subjects of property. Such as fall within the definition of things real, but which are attended, nevertheless, with pome of the legal qualities of things personal, as emblements, fixtures, and shares in public undertakings, con nected with land. Besides these, there are oth ers 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 ferce 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, tombstones, coats of armor, with pennons and other ensigns, and especially heir-looms. Wharton.