KFLCC Kingdom Law 2nd Ed.

788

MODUS

MONETA

time of Richard I. Stim. Law Gloss.— Modus habilis. A valid manner.— Modus levandi fines. The manner of levying fines. The title of a short statute in French passed in the eight eenth year of Edward I. 2 Inst. 510; 2 Bl. Coram. 349.— Modus tenendi. The manner of holding; i. «., the different species of tenures by which estates are held.— Modus transfer rendi. The manner of transferring.— Modus vacandi. The manner of vacating. How and why an estate has been relinquished or sur rendered by a vassal to his lord might well be referred to by this phrase. See Tray. Lat. Max. *. v.— Rank modus. One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than a rule of law. 2 Steph. Comm. 729. Modus de non decimando non valet. A modus (prescription) not to pay tithes is void. Lofft, 427; Cro. Eliz. 511; 2 Shars. BL Comm. 31. Modus et conventio vineunt legem. Custom and agreement overrule law. This maxim forms one of the first principles rel ative to the law of contracts. The excep tions to the rule here laid down are in cases against public policy, morality, etc. 2 Coke, 73; Broom, Max. 689, 691-695. Modus legem dat donation!. Custom gives law to the gift Co. Litt 19; Broom, Max. 459. MOEBLE. L. Fr. Movable. Biena moebles, movable goods. Britt. c 11. MOERDA. The secret killing of another; murder. 4 Bl. Comm. 194. MOFUSSIL. In Hindu law. Separated; particularized; the subordinate divisions of a district in contradistinction to Sadder or Sudder, which implies the chief seat of gov ernment. Wharton. MOHAMMEDAN LAW. A system of native law prevailing among the Moham medans in India, and administered there by the British government. MOHATRA. In French law. A transac tion covering a fraudulent device to evade the laws against usury. It takes place where an individual buys merchandise from another on a dredit at a high price, to sell it immediately to the first seller, or to a third person who acts as his agent, at a much less price for cash. 16 Toullier, no. 44. MOIDORE. A gold coin of Portugal, valued at twenty-seven English shillings. MOIETY. The half of anything. Joint tenants are said to hold by moieties. Ldtt. 125; 3 O. B. 274, 283. —Moiety acts. A name sometimes applied to penal and criminal statutes which provide that half the penalty or fine shall inure to the bene fit of the informer.

MOLENDINUM. In old records. A milt MOLENDUM. A grist; a certain quan tity of corn sent to a mill to be ground. MOLESTATION. In Scotch law. A pos sessory action calculated for continuing pro prietors of landed estates in the lawful pos session of them till the point of right be determined against all who shall attempt to disturb their possession. It is chiefly used in questions of commonty or of controverted ,marches. Ersk. Inst. 4, 1, 48. MOLITURA. The toll or multure paid for grinding corn at a mill. Jacob. — Molitura libera. Free grinding; a liberty to have a mill without paying tolls to the lord. Jacob. MOLLITER MANUS IMPOSUIT. Lat He gently laid hands upon. Formal words in the old Latin pleas in actions of trespass and assault where a defendant justified lay ing hands upon the plaintiff, as where it was done to keep the peace, etc. The phrase is literally translated in the modern precedents, and the original is retained as the name of the plea in such cases. 3 Bl. Comm. 21; 1 Chit PI. 501, 502; Id. 1071. MOLMUTIAN LAWS. The laws of Dunvallo Molmutuis, a legendary or myth ical king of the Britons, who is supposed to have begun his reign about 400 B. C. These laws were famous in the land till the Con quest Tomlins; Mozley & Whitley. MOMENTUM. In the civil law. An in stant; an indivisible portion of time. Cal vin. A portion of time that might be measured; a division or subdivision of an hour; an swering in some degree to the modern min ute, but of longer duration. Calvin. MONACHISM. The state of monks. MONARCHY. A government in which the supreme power is vested in a single per son. Where a monarch is invested with ab solute power, the monarchy is termed "des potic ;" where the supreme power is virtual ly in the laws, though the majesty of gov ernment and the administration are vested in a single person, it is a "limited" or "constitutional" monarchy. It is hereditary where the regal power descends immediately from the possessor to the next heir by blood, as in England; or elective, as was formerly the case in Poland. Wharton. MONASTERIUM. A monastery; a church. Spelman. MONASTICON. A book giving an ac count of monasteries, convents, and religious houses. MONETA. Lat Money, (g. v.)