KFLCC Kingdom Law 2nd Ed.

792

MORA

MORS DICITUR

MORA. Sax. A moor; barren or un profitable ground; marsh; a heath; a wa tery bogor moor. Co. Litt 5; Fleta, h 2, c 71. —Mora mnssa. A watery or boggy moor; a morass. Mora reprobatur in lege. Delay is rep robated in law. Jenk. Cent p. 51, case 97. MORAL. 1. Pertaining or relating to the conscience or moral sense or to the general principles of right conduct. 2. Cognizable or enforceable only by the conscience or by the principles of right con duct, as distinguished from positive law. 3. Depending upon or resulting from prob ability; raising a belief or conviction in the mind independent of strict or logical proof. 4. Involving or affecting the moral sense; as in the phrase "moral insanity." —Moral actions. Those only in which men have knowledge to guide them, and a will to choose for themselves. Ruth. Inst. lib. 1, c. i. —Moral certainty. In the law of criminal evidence. That degree of assurance which in duces a man of sound mind to act, without doubt, upon the conclusions to which it leads. Wills, Circ. Ev. 7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. State v. Orr, 64 Mo. 339; Bradley v. State, 31 Ind. 492; Ross v. Montana Union Ry. Co. (C. C.) 45 Fed. 425; Pharr v. State, 10 Tex. App. 485; Territory v. McAndrews, 3 Mont. 158. A high degree of impression of the truth of a fact, fall ing short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case. See Burrill, Circ. Ev. 198-200. The phrase "moral certainty" has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf fendorf that, "when we declare such a thing to be moraljy certain, because it has been confirm ed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essentially distinguished from demonstrative by this: that it admits of de grees, and of all variety of them, from the high est moral certainty to the very lowest presump tion." Com. v. Costley, 118 Mass. 23.—Moral evidence. See EVIDENCE.—Moral fraud. This phrase is one of the less usual designa tions of "actual" or "positive" fraud or "fraud in fact," as distinguished from "constructive" fraud or "fraud in law." It means fraud which involves actual guilt, a wrongful purpose, or moral obliquity.—Moral hazard. See HAZ ARD.—Moral insanity. See INSANITY.— Moral law. The law of conscience; the ag gregate of those rules and principles of ethics which relate to right and wrong conduct and prescribe the standards to which the actions of men should conform in their dealings with each other. See Moore v. Strickling, 46 W. Va.515, 33 S. E. 274, 50 L. R, A. 279.—Moral obliga tion. See OBLIGATION. CAUSA. Lat For the purpose of delaying or post poning payment or performance. MORATUR IN LEGE. Lat. He delays in law; The phrase describes the action of MORAND.ZE SOLUTIONIS

one who demurs, because the party does not proceed in pleading, but rests or abides upon the judgment of the court on a certain point, as to the legal sufficiency of his opponent's pleading. The court deliberate and deter mine thereupon. MORAVIANS. Otherwise called "Herrn hutters" or "United Brethren." A sect of Christians whose social polity is particular and conspicuous. It sprung up in Moravia and Bohemia, on the opening of that reforma tion which stripped the chair of St Peter of so many votaries, and gave birth to so many denominations of Christians. They give evi dence on their solemn affirmation. 2 Steph. Comm. 338». MORBUS SONTICUS. Lat. In the civ il law. A sickness which rendered a man Incapable of attending to business. MORE COLONICO. Lat. In old plead ing. In husband-like manner. Townsh. PL 198. MORE OR LESS. This phrase, inserted in a conveyance of land immediately after the statement of the quantity of land con veyed, means that such statement is not to be taken as a warranty of the quantity, but only an approximate estimate, and that the tract or parcel described is to pass, without regard to an excess or deficiency in the quan tity it actually contains. See Brawley v. U. S., 96 U. S. 168, 24 L. Ed. 622; Crislip v. Cain, 19 W. Va. 438; Tyler v. Anderson, 10ft Ind. 185,6 N. E. 600; Jenkins v. Bolgiano, 53 Md. 420; Solinger v. Jewett, 25 Ind. 479, 87 Am. Dec 372; Young y. Craig, 2 Bibh (Ky.) 270. MORGANATIC MARRIAGE. See MAB BIAGE. MORGANGINA, or MORGANGIVA. A gift on the morning after the wedding; dowry; the husband's gift to his wife on thfr day after the wedding. Du Cange; CowelL MORGEN. Anglo-Dutch. In old New York law. A measure of land, equal to about two acres. MORGUE. A place where the bodies of persons found dead are kept f)r a limited time and exposed to view, to the end that their friends may identify them. MORMONISM. A social and religious system prevailing in the territory of Utah, a distinctive feature of which is the practice of polygamy. These plural marriages are not recognized by law, but are indictable offenses under the statutes of the United States and of Utah. MORS. Lat Death. Mors dici tnr nl t imum snpplicinm. Death is called the "last punishment," th«» "extremity of punishment" 8 Inst 212.