KFLCC Kingdom Law 2nd Ed.

MODERAMEN INCULPATE

787

MODUS

thing invented, made on a reduced scale, in compliance with the patent laws. See State v. Fox, 25 N. J. Law, 566; Montana Ore Pur chasing Co. v. Boston, etc., Min Co., 27 Mont. 288, 70 Pac. 1126. Lat. In Roman law. The regula tion 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. 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 is addressed to the lord of the court, or his bailiff, com manding him to take a moderate amerciament of the parties. New Nat Brev. 167; Fitzh. Nat Brev. 76. The name of a plea in trespass which justifies an alleged battery on the ground that it con sisted in a moderate chastisement of the plaintiff by the defendant, which, from their relations, the latter had a legal right to in flict In admiralty law. AS applied to a steam-vessel, "such speed only is moderate as will permit the steamer reasonably and effectually to avoid 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 Allianca (D. C.) 39 Fed. 480; The State of Alabama (D. C.) 17 Fed. 952. A chairman or president of an assembly. A person appointed to pre side at a popular meeting. The presiding officer of town-meetings in New England is so called. See Wheeler v. Carter, 180 Mass. 382, 62 N. E. 471. MODERAMEN INCULPATE TTJ TEUE. HODERATA MISERICORDIA. A writ founded on Magna Charta, MODERATE CASTIGAVIT. La t In pleading. He moderately chastised. MODERATE SPEED. MODERATOR. Modica circumstantia facti jus nratat. A small circumstance attending an act may change the law. A change; an altera tion which introduces new elements into the details, or cancels some of them, but leaves the general purpose and effect of the subject matter intact. Wiley v. Corporation of Bluff ton, 111 Ind. 152, 12 N. E. 165; State v. Tuck er, 36 Or. 291, 61 Pac. 894, 51 L. R. A. 246; Astor v. L'Amoreux, 4 Sandf. (N. Y.) 538. "Modification" is not exactly synonymous with "amendment," for the former term denotes some MODIFICATION. MODIATIO. In old English law. A cer tain duty paid for every tierce of wine.

minor change in the substance of the thing, without reference to its improvement or de terioration thereby, while the latter word im ports an amelioration of the thing (as by chang ing the phraseology of an instrument, so as to make it more distinct or specific) without in volving the idea of any change in substance or essence. In Scotch law. The term usually ap plied to the decree of the teind court, award ing a suitable stipend to the minister of a parish. Bell. To alter; to change in inci dental or subordinate features. See MODIFI CATION. A measure. Specifical ly, a Roman dry measure having a capacity of about 550 cubic inches; but in medieval English law used as an approximate transla tion of the word "bushel." —Modins terrse vel agri. In old English law. A quantity of ground containing in length and breadth 100 feet. Words used in the old Latin forms of pleadings by way of traverse, and literally translated in the modern precedents, importing that the party traversing denies the allegation of the other party, not only in Its general effect, but in the exact manner and form in which it is made. Steph. PL 189, 190. MODIFY. MODIUS. La t MODO ET FORMA. Lat. In manner and form. ner ; means; way. In old conveyancing. Mode; manner; the arrangement or expression of the terms of a contract or conveyance. Also a consideration; the consideration of a conveyance, technically expressed by the word "ut." A qualification, involving the idea of va riance or departure from some general rule or form, either by way of restriction or en largement, according to the circumstances of a particular case, the will of a donor, the particular agreement of parties, and the like. Burrill. In criminal pleading. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offense was committed. Tray. Lat. Max. In ecclesiastical law. A peculiar man ner of tithing, growing out of custom. •—Modus de non decimando. In ecclesias tical law. A custom or prescription of entire exemption from the payment of tithes; this is not valid, unless in the case of abbey-lands.— Modus decimandi. In ecclesiastical law. A manner of tithing; a partial exemption from tithes, or a pecuniary composition prescribed by immemorial usage, and of reasonable amount; for it will be invalid as a rank modus if greater than the value of the tithes in the MODUS. Lat. In the civil law. Man