MIDDLEMAN contracts. A person who is employed both by the seller and
purchaser of goods, or by the purcbaser alone, to receive them into his
possession, for the purpose of doing something in or about them; as, if goods be
delivered from a ship by the seller, to a wharfinger, to be by him forwarded to
the purchaser, who has been appointed by the latter to receive them; or if goods
be sent to a packer, for and by orders of the vendee, the packer is to be
considerpd as a middleman.
2. The goods in both, these cases will be considered in transitu, provided
the purchaser has not used the wharfinger's or the packer's warehouse as his
own, an have an ulterior place of delivery in view. 3 B. & P. l27, 469; 4
Esp. R. 82; 2 B. & P. 457; 1 Campb. 282; 1 Atk. 245; 1 H. Bl. 364; 3 East,
R. 93; Whit. on Trans. 195.
3. By middleman is also understood one who has been employed as an agent by a
principal, and who has employed a subagent under him by authority of the
principal, either express or implied. He is not in general Iiable for the
wrongful acts of the sub-agent, the principal being alone responsible. 3 Campb.
N. P. Cas. 4; 6 T. R. 411; 14 East, 65.
MIDWIFE, med. jur. A woman who practices midwifery; a woman who pursues the
business of an account.
2. A midwife is required to perform the business she undertakes with proper
skill, and if she be guilty of any mala praxis, (q. v.) she is liable to an
action or an indictment for the misdemeanor. Vide Vin. Ab. Physician; Com. Dig.
Physician; 8 East, R. 348; 2 Wils. R. 359; 4 C. & P. 398; S. C. 19 E. C. L.
R. 440; 4 C. & P. 407, n. a; 1 Chit. Pr. 43; 2 Russ. Cr. 288.
MILE, measure. A length of a thousand paces, or seventeen hundred and
sixty yards, or five thousand two hundred and eighty feet. It contains eight
furlongs, every furlong being forty poles, and each pole sixteen feet six
inches. 2 Stark. R. 89.
MILEAGE. A compensation allowed by law to officers, for their trouble
and expenses in travelling on public business.
2. The mileage allowed to members of congress, is eight dollars for every
twenty miles of estimated distance, by the most usual roads, from his place of
residence to the seat of congress, at tbe commencement and end of every session.
Act of Jan. 22, 1818; 3 Story, Laws U. S. 1657.
3. In computing mileage the distance by the road usually travelled is that
which must be allowed, whether in fact the officer travels a more or less
distant way to suit his own convenience. 5 Shepl. R. 431.
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