490 



THE CENTURY BOOK OF FACTS. 



Mesne-Process. Commonly used to describe the 

 first process in an action, as where a party used to be 

 arrested on mesne-process, as distinguished from an 

 arrest on a final judgment. 



Mercantile L,aw. Law relating to business trans- 

 actions. 



Mercantile Agency. A concern which procures in- 

 formation relating to the financial standing and credit 

 of merchants for the use of others, to whom said mer- 

 chant may apply for credit. 



Misdemeanor. AninJictable offense, which, though 

 criminal, does not amount to felony. 



Misprision. A neglect, oversight, or contempt; as, 

 for example, misprision of treason is a negligence in not 

 revealing treason. 



Minimum. The lowest figure. 



Mint. The place where money is coined. 



Misfeasance. Doing in an improper manner, by 

 which another receives an injury. 



Mitigation. Lessening the amount of a judgment, 

 penalty, or punishment. 



Moot Point. An obscure point of law not definitely 

 settled ; and therefore open for discussion. 



Mortgage. A conveyance of lands by way of secu- 

 rity, for the repayment of a sum of money borrowed, or 

 owing. 



Mortmain. Lands held by corporations are said to 

 be held in mortmain. 



Motion. An occasional application to the court, to 

 obtain some rule or order in the progress of a cause. 



Money. Current coin and circulating medium. 



Money Broker. A broker who deals in money or 

 exchanges. 



Monopoly. The sole power of vending goods. 



Mortgagee. The person to whom the conveyance is 

 made. 



Mortgagor. One who makes the mortgage. 



Municipal !Law. That which pertains solely to the 

 citizens of a particular state, city, or province. 



Muniments. Deeds, evidences, and writings in gen- 

 eral. 



Murder. Unlawfully killing any person, with malice 

 aforethought, either express or implied by law. 



Mutiny Act. An Act annually passed to punish 

 mutiny and desertion, and for the better regulation of 

 the army. 



Naturalization. The making a foreigner a lawful 

 subject of the state. 



Negotiable Instruments. Those instruments which 

 confer on the holders the legal right to sue for the money 

 or property thereby secured, and which by delivery 

 pass such money or property from man to man as 

 bills of exchange, bills of lading. 



Next Friend. The party in whose name an infant or 

 feme-covert brings an action or suit. 



Negotiable. That may be transferred by indorse- 

 ment and delivery, or by delivery alone. 



Negotiate. To transact business or treat with an- 

 other respecting trade or treaty. 



Net. Clear of all charges and deductions. 



Net Proceeds. The sum left after deducting com- 

 mission or discount, etc. 



Negotiable Paper. Notes, drafts, or other written 

 obligations, which may be bought and sold. 



Net Cash. A term applied to a bill of goods to be 

 paid without any allowance or discount, and without 

 reference to time, but by common custom understood to 

 be thirty days, unless otherwise specified. 



Nisi Prius. A term applied to those courts in which 

 civil causes are tried before a judge and jury. 



Nolle Prosequi. An acknowledgment by the plain- 

 tiff that he will not further prosecute his suit, as to the 

 whole or a part of the cause of action. 



Non Asgumpsit. He has not promised. A plea by 

 which a defendant denies his liability in an action of 

 assumpsit. 



Non Pros. When the plaintiff neglects to take any 

 step within the prescribed time, the defendant may 

 move for a judgment against him, which is called judg- 

 ment of non pros. 



Nonsuit. A renunciation of a suit by a plaintiff, after 

 whi .;! he may still commence another action for the 

 sar.ic cause, which he could not do if a verdict goes 

 against him. 



Notary Public. A person whose business it is to 

 note and protest bills of exchange, and who also attests 

 deeds and writings, to make them authentic in another 

 country. 



Non Feasance. The non-performance of an act that 

 should be done. 



Note. An obligation without a seal ; a written prom- 

 ise to pay. 



Nominal. Existing in name only. 



Nuisance. Anything which unlawfully annoys or 

 does damage to another. Nuisances may be either pub- 

 lic or private. 



Nuncupative Will. An oral will before a sufficient 

 number of witnesses, and afterwards reduced to writ- 

 ing now abolished, except as to soldiers and sailors. 



Nunc Pro Time. Literally, now for then; and is 

 often so used in legal proceedings. 



Oath. An appeal to God as a witness of the truth of 

 what is affirmed or denied in evidence, in the presence 

 of a judge, magistrate, or other officer authorized to 

 administer oaths. 



Obligation. That which legally binds a party to per- 

 form a duty. 



Official Assignees. Officers of the Court of Bank- 

 ruptcy, one of whom is allotted to each bankrupt's 

 estate. He acts with the assignees appointed by the 

 creditors in the administration of the estate; biit bis 

 especial duty is to keep the assets of the estate, and re- 

 ceive and pay all money on account of it. 



Onus Probandi. The burden of proof. It is a legal 

 principle that the issue in an action must be proved ay 

 the party who states an affirmative ; not by the party 

 who states a negative. The burden of proof, therefore, 

 is on the former party. 



On Call. When money is loaned "on call," it is un- 

 derstood that it must be returned the day it is called 

 for, before the close of banking hours, and without pre- 

 vious notice. 



Open Policy. A policy upon which amounts yet to 

 be ascertained and insured, may be entered at different 

 times. 



Option. Property bought or sold at the call or de- 

 mand of the buyer or seller as may be specified ; a con- 

 ditional contract. 



Ostensible Partner. A person whose name appears 

 to the world as a partner in a firm. Although such a 

 person may not have any interest in the partnership, he 

 is liable for its debts and engagements. 



Outlawry. The act or process by which a person is 

 excluded from, or deprived of, the benefit of the laws, 

 attended with a forfeiture of his goods to the Crown. 



Outlawed. Term applied to a debt or note which has 

 run beyond the time when its payment can be enforced 

 by law. 



Overt Act. An open act, capable of being manifested 

 by legal proof. 



Overdraw. To issue a check for more than the con- 

 cern's deposit. 



Overdue. Remaining unpaid after maturity. 



Overissue. An issuing as of stock, beyond" or in ex- 

 cess of the capital stock. 



Oversold. The reverse of overbought. 



Owe. To be indebted to, or bound to pay. 



Oyer and Terminer. A commission directed to the 

 judges and others, by virtue whereof they have power 

 to hear and determine treasons, felonies, etc. 



O Yes. A corruption of the French oyez, hear ye ! 

 The term is used by a public crier toenjoi'n silence and 

 attention. 



Panel. A schedule or slip of parchment, containing 

 the names of such jurors as have been returned by tin- 

 sheriff to serve on trials. 



Paraphernalia. Things to which a wife is entitled 

 over and above her dower, consisting of wearing ap- 

 parel and ornaments suitable to her rank and station in 

 life. The husband may (with the exception of his 

 wife's wearing apparel) dispose of them in bis lifetime, 

 but not by will. On his death they belong to the wife 

 absolutely. 



Parol. Word of mouth, verbal. 



Particeps Criminis. A participator in the crime. 



Partition. The dividing of lands held by joint ten- 

 ant, coparceners, or tenants in common, Into two dis- 

 tinct portions. 



Pawn. A delivery of goods and chattels, to be re- 

 tained until a debt is discharged. 



Par. Equal value; when market value equals face 

 value. 



Partnership. Company; union of two or more in 

 business. 



Pawnbroker. One who lends money on a pledge or 

 deposit of goods. 



