MISSOURI. The name of one of the new states of the United States of
America. This state was admitted into the Union by a resolution of congress,
approved March 2, 1821, 3 Story's L. U. S. 1823, by which it is resolved, that
Missouri shall be admitted into this Union on an equal footing with the original
states, in all respects whatever. To this resolution there is a condition, which
having been fulfilled, it is now useless here to repeat.
2. The convention which formed the constitution of this state assembled at
St. Louis, on Monday the 12th of June, 1820, and continued by adjournment, till
the 19th day of July, 1820, when the constitution was adopted, establishing "an
independent republic by the name of the `state of Missouri.'"
3. The powers of the government are divided into three distinct departments,
each of which is confided to a separate magistracy. Art. 2.
4. - 1st. The legislative power is vested in a general assembly, which
consists of a senate and house of representatives. 1. The senate is to consist
of not less than fourteen nor more than thirty-three members. The senators are
chosen by tho electors for the term of four years; one-half of the senators are
chosen every second year. 2. The house of representatives is never to consist of
more than one hundred members. The members are chosen by the qualified electors
every second year.
5. - 2d. The executive power is vested in a governor and lieutenant-governor.
1. The supreme executive power is vested in a chief magistrate, styled "the
governor of the state of Missouri." Art. 4, s. 1, He is elected by the people,
and holds his office for four years, and until a successor be duly appointed and
qualified. Art. 4, s. 3. He is invested with the veto power. Art. 4, s. 10. The
lieutenant-governor is elected at the same time, in the same manner, for the
same term, and is required to possess the same qualifications as the governor.
Art. 4, s. 14. He is by virtue of his office president of the senate, and when
the office of governor becomes vacant by death, resignation, absence from the
state, removal from office, refusal to qualify, or otherwise, the
lieutenant-governor possesses all the powers and discharges all the duties of
governor until such vacancy be filled, or the governor, so absent or impeached,
shall return or
be acquitted. And in such case there shall be a new election after three
months previous notice.
6. - 3d. The judicial powers are vested by the 5th article of the
constitution as follows:
1. The judicial powers, as to matters of law and equity, shall be vested in a
"supreme court," in a "chancellor," in "Circuit courts," and in such inferior
tribunals as the general assembly may, from time to time, ordain and
7. - 2. The supreme court, except in cases otherwise directed by this
constitution, shall have appellate jurisdiction only, which shall be coextensive
with the state, under the restrictions and limitations in this constitution
8. - 3. The supreme court shall have a general superintending control over
all inferior courts of law. It shall have power to issue writs of habeas corpus,
mandamus, quo warranto, certiorari, and other original remedial writs; and to
hear and determine the same.
9. - 4. The supreme court shall consist of three judges, any two of whom
shall be a quorum, and the said judges shall be conservators of the peace
throughout the state.
10. - 5. The state shall be divided into convenient districts, not to exceed
four; in each of which the supreme court shall hold two sessions annually, at
such place as the general assembly shall appoint; and when sitting in either
district, it shall exercise jurisdiction over causes originating in that
district only: provided, however, that the general assembly may, at any time
hereafter, direct by law, that the said court shall be held at one place
11. - 6. The circuit court shall have jurisdiction over all criminal cases
which shall not be otherwise provided for by law; and exclusive original
jurisdiction in all civil cases which shall not be cognizable before justices of
the peace, until otherwise directed by the general assembly. It shall hold its
terms in such place in each county as may be by law directed.
12. - 7. The state shall be divided into convenient circuits, for each of
which a judge shall be appointed, who, after his appointment, shall reside, and
be a conservator of the peace, within the circuit for which he shall be
13. - 8. The circuit courts shall exercise a superintending control over all
such inferior tribunals as the general assembly may establish; and over justices
of the peace in each county in their respective circuits.
14. - 9. The jurisdiction of the court of chancery shall be co-extensive with
the state and the times and places of holding its sessions shall be regulated in
the same manner as those of the supreme court.
15. - 10. The court of chancery shall have original and appellate
jurisdiction in all matters of equity, and a general control over executors,
administrators, guardians, and minors, subject to appeal, in all cases, to the
supreme court, under such limitations as the general assembly may by law
16. - 11. Until the general assembly shall deem it expedient to establish
inferior courts of chancery, the circuit courts shall have jurisdiction in
matters of equity, subject to appeal to the court of chancery, in such manner,
and under such restrictions, as shall be prescribed by law.
17. - 12. Inferior tribunals shall be established in each county, for the
transaction of all county business; for appointing guardians; for granting
letters testamentary, and of administration; and for settling the accounts of
executors, administrators, and guardians.
18. - 13. The governor shall nominate, and, by and with the advice and
consent of the senate, appoint the judges of the supreme court, the judges of
the circuit courts, and the chancellor, each of whom shall hold his office
during good behaviour, and shall receive for his services a compensation, which
shall not be diminished during his continuance in office, and which shall not be
less than two thousand dollars annually.
19. - 14. No person shall be appointed a judge in the supreme court, nor of a
circuit court, nor chancellor, before he shall have attained to the age of
thirty years; nor shall any person continue to exercise the duties of any of
said offices after he shall have attained to the age of sixty-five years.
20. - 15. The courts respectively shall appoint their clerks, who shall hold
their offices during good behaviour. For any misdemeanor in office, they shall
be liable to be tried aud removed by the Supreme court, in such manner as the
general assembly shall by law provide.
21. - 16. Any judge of the supreme court, or of the circuit court, or the
chancellor, may be removed from office on the address of two-thirds of each
house of the general assembly to the governor for that purpose; but each house
shall state on its respective journal the cause for which it shall wish the
removal of such judge or chancellor, and give him notice thereof; and he shall
have the right to be heard in his defence in such manner as the general assembly
shall by law direct; but no judge nor chancellor shall be removed in this manner
for any cause for which he might have been impeached.
22. - 17. In each county there shall be appointed as many justices of the
peace as the public good may be thought to require. Their powers and duties, and
their duration in office, shall be regulated by law.
23. - 18. An attorney general shall be appointed by the governor, by and with
the advice and consent of the senate. He shall remain in office four years, and
shall perform such duties as shall be required of him by law.
24.- 19. All writs and process shall run, and all prosecutions shall be
conducted in the name of the "state of Missouri;" all writs shall be tested by
the clerk of the court from which they shall be issued, and all indictments
shall conclude, "against the peace and dignity of the state."
MISTAKE, contracts. An error committed in relation to some matter of
fact affecting the rights of one of the parties to a contract.
2. Mistakes in making a contract are distinguished ordinarily into, first,
mistakes as to the motive; secondly, mistakes as to the person, with whom the
contract is made; thirdly, as to the subject matter of the contract; and,
lastly, mistakes of fact and of law. See Story, Eq. Jur. 110; Bouv. Inst. Index,
h. t.; Ignorance; Motive.
3. In general, courts of equity will correct and rectify all mistakes in
deeds and contracts founded on good consideration. 1 Ves. 317; 2 Atk. 203; Mitf.
Pl. 116; 4 Vin. Ab. 277; 13 Vin. Ab. 41; 18 E. Com. Law Reps. 14; 8 Com. Digest,
75; Madd. Ch. Prac. Index, h. t.; 1 Story on Eq. ch. 5, p. 121; Jeremy's Eq.
Jurisd. B. 3, part 2, p. 358. See article Surprise.
4. As to mistakes in the names of legatees, see 1 Rop. Leg. 131; Domat, l. 4,
t. 2, s. 1, n. 22. As to mistakes made in practice, and as to the propriety or
impropriety of taking advantage of them, see Chitt. Pr. Index, h. t. As to
mistakes of law in relation to contracts, see 23 Am. Jur. 146 to 166.
MISTRIAL. An erroneous trial on account of some defect in the persons
trying, as if the jury come from the wrong county or because there was no issue
formed, as if no plea be entered; or some other defect of jurisdiction. 3 Cro.
284; Hob. 5; 2 M. & S. 270.
MISUSE OF PROPERTY. The unlawful use of property.
2. The misuse of personal property delivered lawfully to the defendant, is a
conversion which will enable the owner immediately to maintain trover. 6 Shepl.
382; 8 Leigh, 565; 3 Bouv. Inst. n. 3525.
MISUSER. An unlawful use of a right.
2. In cases of public officers and corporations, a misuser is sufficient to
cause the right to be forfeited. 2 Bl. Com. 153; 5 Pick. R. 163.
MITIGATION. To make less rigorous or penal.
2. Crimes are frequently committed under circumstances which are not
justifiable nor excusable, yet they show that the offender has been greatly
tempted; as, for example, when a starving man steals bread to satisfy his
hunger, this circumstance is taken into consideration in mitigation of his
3. In actions for damages, or for torts, matters are frequently proved in
mitigation of damages. In an action for criminal conversation with the
plaintiff's wife, for example, evidence may be given of the wife's general bad
character for want of chastity; or of particular acts of adultery committed by
her, before she became acquainted with the defendant; 12 Mod. R. 232; Bull. N.
P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the plaintiff has carried
on a criminal conversation with other women; Bull. N. P. 27; or that the
plaintiff's wife has made the first advances to the defendant, 2 Esp. N. P. C.
562; Selw. N. P. 25. See 3 Am. Jur. 287, 313; Bouv. Inst. Index, h. t.
4. In actions for libel, although the defendant cannot under the general
issue prove the crime, which is imputed to the plaintiff, yet he is in many
cases allowed to give evidence of the plaintiff's general character in
mitigation of damages. 2 Campb. R. 251; 1 M. & S. 284.
MITIOR SENSUS, construction. The more lenient sense. It was formerly
held in actions for libel and slander, that when two or more constructions could
be put upon the words, one of which would not be actionable the words were to be
so construed, for verba accipienda sunt in mitiore sensu. 4 Co. 13, 20. It is
now, however, well established, that they are not to be taken in the more
lenient, or more severe sense, but in the sense which fairly belongs to them,
and which they were intended to convey. 2 Campb. 403; 2 T. R. 206.
MITTER, law-French. To put, to send, or to pass; as mitter' l'estate,
to pass the estate; mitter le droit, to pass a right. 2 Bl. Com. 324; Bac. Ab.
Release, C; Co. Lit. 193, 273, b. Mitter a large, to put or, set at large. Law
French Dict. h. t.
MITTIMUS, English practice. A writ enclosing a record sent to be tried
in a county palatine; it derives its name from the Latin word mittimus, "we
send." It is the jury process of these counties, and commands the proper officer
of the county palatine to command the sheriff to summon the jury for the trial
of the cause, and to return the record, &c. 1 M. R. 278; 2 M. R. 88.
MITTIMUS, crim. law, practice. A precept in writing, under the hand
and seal of a justice of the peace, or other competent officer, directed to the
gaoler or keeper of a prison, commanding him to receive and safely keep, a
person charged with an offence therein named until he shall be delivered by due
course of law. Co. Litt. 590.
MIXED. To join; to mingle. A compound made of several simples is said
to be something mixed.
MIXED ACTIONS, practice. An action partaking of a real and personal
action by which real property is demanded, and damages for a wrong sustained: an
ejectment is of this nature. 4 Bouv. Inst. n. 3650.
MIXED OR COMPOUND LARCENY, crim. law. A larceny which has all the
properties of simple larceny, and is accompanied with one or both the
aggravations of violence to the person or taking from the house.
MIXED GOVERNMENT. A government composed of some of the powers of a
monarchical, aristocratical, and democratical government. See Government.
MIXED PROPERTY. That kind of property which is not altogether real nor
personal, but a compound of both. Heir-looms, tomb-stones, monuments in a
church, and title deeds to an estate, are of this nature. 1 Ch. Pr. 95; 2 Bl.
Com. 428; 3 Barn. Adolph. 174; 4 Bingh. R. 106; S. C. 13 Engl. Com. Law Rep.
MIXT CONTRACT, civil law. One in which one of the parties confers a
benefit on the other, and requires of the latter something of less value than
what he has given; as a legacy charged with something of less value than the
legacy itself. Poth. Oblig. n. 12. See Contract.
MIXTION. The putting of different goods or chattels together in such a
manner that they can no longer be separated; as putting the wines of two
different persons into the same barrel, the grain of several persons into the
same bag, and the like. 2. The intermixture may be occasioned by the wilful act
of the party, or owner of one of the articles; by the wilful act of a stranger;
by the neglilence of the owner or a stranger; of by accident. See, as to the
rights of the parties under each of these circumstances, the article Confusion
of goods. Vide Aso & Man. Inst. B. 2, t.
MOBBING AND RIOTING, Scotch law. The general term mobbing and rioting
includes all those convocations of the lieges for violent and unlawful purposes,
which are attended with injury 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 sometimes 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 behaviour of a single individual.
Alison, Prin. C. Law of Scotl. c. 23, p. 509.
MODEL. A machine made on a small scale to show the manner in which it
is to be worked or employed.
2. The Act of Congress of July 4, 1836, section 6, requires an inventor who
is desirous to take out a patent for his invention, to furnish a model of his
invention, in all cases which admit of represent ation by model, of a convenient
size to exhibit advantageously its several parts.
MODERATE CASTIGAVIT, pleading. The name of a plea in trespass by which
the defendant justifies an assault and battery, because he moderately corrected
the plaintiff, whom he had a right to correct. 2 Chit. Pl. 676; 2 Bos. &
Pull. 224. Vide Correction, and 15 Mass. R. 347; 2 Phil. Ev. 147; Bac. Ab.
Assault, &c. C.
2. This plea ought to disclose, in general terms, the cause which rendered
the correction expedient. 3 Salk. 47.
MODERATOR. A person appointed to preside at a popular meeting;
sometimes he is called a chairman.
MODIFICATION. A change; as the modification of a contract.
This may take place at the time of making the contract by
a condition, which shall have that effect; for example, if I sell
you one thousand bushels of corn, upon condition that any crop shall
produce that much, aud it produces only eight hundred bushels, the
contract is modified, it is for eight hundred bushels, and no more.
12. It may be modified by the consent of both parties, after it has been
made. See 1 Bouv. Inst. n. 733.
MODO ET FORMA, pleading. In manner and form. These words are used in
tendering an issue in a civil case.
2. Their legal effect is to put in issue all material circumstances and no
other, they may therefore be always used with safety.
3. These words are sometimes of the substance of the issue and sometimes
merely words of form. When they are of the substance of the issue, they put in
issue the circumstances alleged as concomitants of the principal matter denied
by the pleader, such as time, place, manner, &c. When not of the substance
of the issue they do not put in issue such circumstances. Bac. Ab. Plea, G 1;
Lawes' Pl. 120; Hardr. 39. To determine when they are of the substance of the
issue and when not so, the established criterion is, that when the circumstances
of manner, time, place, &c. alleged in connexion with the principal fact
traversed, are originally and, in themselves material, and therefore necessary
to be proved as stated, the words modo et forma are of the substance of the
issue, and do, consequently, put those concomitants in issue; but that when such
concomitants or circumstances are not in themselves material, and therefore not
necessary to be proved as stated, the words modo et forma, are not of the
substance of the issue, and consequently do not put them in issue. Lawes on Pl.
120; and see Gould, Pl. c. 6, 22; Steph. Pl. 213; Dane's Ab. Index, h. t.;
Kitch. 232. See Bac. Ab. Verdict, P; Vin. Ab. Modo et Forma.
MODUS, civil law. Manlier; means; way.
MODUS, eccl. law. Where there is by custom a particular manner of
tithing allowed, different from the general law of taking tithes in kind, as a
pecuniary compensation, or the performance of labor, or when any means are
adopted by which the general law of tithing is altered, and a new method of
taking them is introduced, it is called a modus decimandi, or special manner of
taking tithes. 2 Bl. Com. 29.
MOHATRA, French law. The name of a fraudulent contract, made to cover
a usurious loan of money.
2. It takes place when an individual buys merchandise from another oil a
credit 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 Toull. n.
44; 1 Bouv. Inst. n. 1118.
MOIETY. The half of anything; as, if a testator bequeath one moiety of
his estate to A, and the other to B, each shall take an equal part. Joint
tenants are said to hold by moieties. Lit. 125; 3 M. G. & S. 274, 283
MOLESTATION, Scotch law, The name of an action competent to the
proprietor of a landed estate, against those who disturb his possession, It is
chiefly used in questions of commonty, or, of controverted marches. Ersk. Prin.
B. 4, t. 1, n. 48.
MOLITER MANUS IMPOSUIT, pleading. In an action of trespass to the
person, the defendant frequently justifies by pleading that he used no more
force than was necessary to remove the plaintiff who, was unlawfully in the
house of the defendant, and for this purpose he gently laid his hands upon him,
molitur manus imposuit.
2. This plea may be used whenever the defendant laid hold of the plaintiff to
prevent his committing a breach of the peace.
3. When supported by evidence, it is a complete defence. Ham. N. P. 149; 2
Chit. Pl. 574, 576; 12 Vin. Ab. 182; Bac. Abr. Assault and Battery, C 8.
MOLITURA. Toll paid for grinding at a mill; multure. Not used.
MONARCHY, government. That form of government in which the sovereign
power is entrusted to the hands of a single magistrate. Toull. tit. prel. n. 30.
The country governed by a monarch is also called a monarchy.