MAY To be permited; to be at liberty; to have the power.
2. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as shall. For example, the 23 H. VI. says, the sheriff may take bail, that is construed he shall, for he is compellable to do so. Carth. 293 Salk. 609; Skin. 370.
3. The words shall and may in general acts of the legislature or in private constitutions, are to be construed imperatively; 3. Atk. 166; but the construction of those words in a deed depends on circumstances. 3 Atk. 282. See 1 Vern. 152, case. 142 9 Porter, R. 390.
MAYHEM, crimes. The act of unlawfully and violently depriving another of the use of such of his members as may render him less able in fighting either to defend himself or annoy his adversary; and therefore the cutting or disabling, or weakening a man's hand or finger, or striking out his eye or foretooth, or depriving him of those parts the loss of which abates his courage, are held to be mayhems. But cutting off the ear or nose or the like, are not held to be mayhems at common law. 4 Bl. Com. 205.
2. These and other severe personal injuries are punished by the Coventry act, (q. v.) which has been re-enacted in several of the states; Ryan's Med. Jurispr. 191, Philad. ed. 1832; and by congress. Vide act of April 30, 1790, s. 13, 1 Story's Laws U. S. 85; act of March 3, 1825, s. 22, 3 Story's L. U. S. 2006.
MAYHEMAVIT. Maimed. This is a term of art which cannot be supplied in pleadings by any other word; as, mutilavit, truncavit, &c. 3 Tho. Co. Litt. 548.
MAYOR, officer. The chief or executive magistrate of a city who bears this title.
2. It is generally his duty to cause the laws of the city to be enforeed, and to superintend inferior officers, such as constables, watchmen and the like. But the power and authority which mayors possess being given to them by local regulations, vary in different places.
MAYOR'S COURT. The name of a court usually established in cities, composed of a mayor, recorder and aldermen, generally having jurisdiction of offences committed within the city, and of other matters specially given them by the statute.
MEASURE. That which is used as a rule to determine a quantity. A certain quantity of something, taken for a unit, and which expresses a relation with other quantities of the same thing.
2. The constitution of the United States gives power to congress to " fix the standard of weights and measures." Art. 1, B. 8. Hitherto this has remained as a dormant power, though frequently brought before the attention of congress.
3. The states, it seems, possess the power to legislate on this subject, or, at least, the existing standards at the adoption of the constitution remain in full force. 3 Sto. Const. 21; Rawle on the Const. 102.
4. By a resolution of congress, of the 14th of June, 1836, the secretary of the treasury is directed to cause a complete set of all weights and measures adopted as standards, and now either made or in the progress of manufacture, for the use of the several custom-houses and for other purposes, to be delivered to the governor of each state in the Union, or to such person as he may appoint, for the use of the states respectively, to the end that an uniform standard of weights and measures may be established throughout the United States.
5. Measures are either, 1. Of length. 2. Of surface. 3. Of solidity or capacity. 4. Of force or gravity, or what is commonly called weight. (q. v.) 5. Of angles. 6. Of time. The measures now used in the United States, are the same as those of England, and are as follows
1. MEASURES OF LENGTH.
12 inches = l foot
3 feet = l yard
51/2 yards = l rod or pole
40 poles = 1 furlong
8 furlongs = l mile
69 1/15 miles = l degree of a great circle
of the earth.
An inch is the smallest lineal measure to which a name is given, but subdivisions are used for many purposes. Among mechanics, the inch is commonly divided into eighths. By the officers of the revenue and by scientific persons, it is divided into tenths, hundredths, &c. Formerly it was made to consist of twelve parts called lines, but these have fallen into disuse.
Particular measures of length.
1st. Used for measuring cloth of all kinds.
1 nail = 2 1/4 inches
1 quarter = 4 inches
1 yard = 4 quarters
1 ell = 5 quarters. 2d. used for the height of horses.
1 hand = 4 inches. 3d. Used in measuring depths.
1 fathom = 6 feet.
4th. Used in land measure, to facilitate computation of the contents, 10 square chains being equal to an acre.
1 link = 7 92/100 inches
1 chain = 100 links. 6.-2. MEASURES OF SURFACE.144 square inches = l square foot
9 square feet = l square yard
30 1/4 square yards = l perch or rod
40 perches = l rood
4 roods or 160 perches = l acre
640 acres--l square mile. 7. - 3. MEASURES OF SOLTDITY AND CAPACITY.1st. Measures of solidity.1728 cubic inches = l cubic foot
27 cubic feet = l cubic yard.
2d. Measures of capacity for all liquids, and for all goods, not liquid, except such as are comprised in the next division.
4 gills = l pint = 34 2/3 cubic inches nearly.
2 pints = l quart = 691/2 " "
4 quarts = 1 gallon = 277 1/4 " "
2 gallons = l peck = 554 1/2 " "
8 gallons= 1 bushel = 2218 1/2 " "
8 bushels = l quarter = 10 1/4 cubic feet "
5 quarters = l load = 51 1/2 " "
The last four denominations are used only for goods, not liquids. For liquids, several denominations have heretofore been adopted, namely, for beer, the firkin of 9 gallons, the kilderkin of 18 , the barrel of 36, the hogshead of 54; and the butt of 108 gallons. For wine or spirits there are the anker, runlet, tierce, hogshead, puncheon, pipe, butt, and tun; these are, however, rather the names of the casks, in which the commodities are imported, than as express any definite number of gallons. It is the practice to gauge all such vessels, and to charge them according to their actual contents.3d. Measures of capacity, for coal, lime, potatoes, fruit, and other commodities, sold by heaped measure.
2 gallons = 1 peck-704 cubic in. nearly.
8 gallons = 1 bushel=28151/2 " "
3 bushels = 1 sack = 41 cubic feet "
12 sacks=l chaldron = 58 2/3 " "8.-4. MEASURES OF WEIGHTS. See art. Weights.9.-5., ANGULAR MEASURE; or, DIVISION OF THE CIRCLE.
60 seconds = l minute
60 minutes = l degree
30 degrees = 1 sign
90 degrees = 1 quadrant
360 degrees, or 12 signs = 1 circumference.
Formerly the subdivisions were carried on by sities; thus, the second was divided into 60 thirds, the third into sixty fourths, &c. At present, the second is more generally divided decimally into tens, hundreds, &c. The degree is frequently so divided.
or 10. - 6. MEASURE OF TIME.60 seconds = 1 minute
60 minutes = 1 hour
24 hours = l day
7 days = 1 week
28 days, or 4 weeks = 1 lunar month
28, 29, 30, or 31 days = 1 calendar month
12 calendar months = 1 year
365 days = 1 common year
366 day = l leap year. The second of time is subdivided like that of angular measure.
12. The fundamental, invariable, and standard measure, by which all weights and measures are formed, is called the metre, a word derived from the Greek , which signifies measure. It is a lineal measure, and is equal to 3 feet, 0 inches, 44/1000, Paris measure, or 3 feet, 3 inches, 370/1000 English. This unit is divided into ten parts; each tenth, into ten hundreths; each hundreth, into ten thousandths, &c. These divisions, as well as those of all other mea- sures, are infinite. As the standard is to be invariable, something has been sought, from which to make it, which is not variable or subject to any change. The fundamental base of the metre is the quarter of the terrestrial meridian, or the distance from the pole to the equator, which has been divided into ten millions of equal parts, one of which is the length of the metre. All the other measures are formed from the metre, as follows:
18. One measure being thus made the standard of all the rest, they must be all equally invariable; but, in order to make this certainty perfectly sure, the following precautions have been adopted. As the temperature was found to have an influence on bodies, the term zero, or melting ice, has been selected in making the models or standard of the metre. Distilled water has been chosen to make the standard of the gramme, as being purer, and less encumbered with foreign matter than common water. The temperature having also an influence on a determinate volume of water, that with which the experiments were made, was of the temperature of zero, or melting ice. The air, more or less charged with humidity, causes the weight of bodies to vary, the models which represent the weight of the gramme, have, therefore, been taken in a vacuum.
19. It has already been stated, that the divisions of these measures are all uniform, namely by tens, or decimal fractions, they may therefore be written as such. Instead of writing,
1 metre and 1 tenth of a metre, we may write, 1 m. 1. 2 metre and 8 tenths, 2 m. 8. 10 metre and 4 hundredths, 10 m. 04. 7 litres, 1 tenth, and 2 hundredths, 7 lit. 12, &c.20. Names have been given to, each of these divisions of the principal unit but these names always indicate the value of the fraction, and the unit from which it is derived. To the name of the unit have been prefixed the particles deci, for tenth, centi, for hundredth, and milli, for thousandth. They are thus expressed, a decimetre, a decilitre, a decigramme, a decistere, a deciare, a centimetre, a centilitre, a centigramme, &c. The facility with which the divisions of the unit are reduced to the same expression, is very apparent; this cannot be done with any other kind of measures.
21. As it may sometimes be necessary to express great quantities of units, collections have been made of them in tens, hundreds, thousands, tens of thousands, &c., to which names, derived from the Greek, have been given; namely, deca, for tens hecto, for hundreds; kilo, for thousands and myria, for tens of thousands; they are thus expressed; a decametre, a decalitre, &c.; a hectometre, a hectogramme, &c.; a kilometre, a kilogramme, &c.
22. The following table will facilitate the reduction of these weights and measures into our own.
The Metre, is 3.28 feet, or 39.871 in.
Are, is 1076.441 square feet.
Litre, is 61.028 cubic inch
Stere, is 35.317 cubic feet.
Gramme, is 15.4441 grains troy, or 5.6481 drams, averdupois.
MEASURE OF DAMAGES, prac. Those principles or rules of law which control a jury in adjusting or proportioning the damages, in certain cases. 1 Bouv. Inst. n. 636.
MEAN. This word is sometimes used for mesne. (q. v.)
MEASON-DUE. A corruption of Maison de Dieu. (q. v.)
MEDIATE, POWERS. Those incident to primary powers, given by a principal to Iiis agent. For example, the general authority given to collect, receive and pay debts due by or to the principal is a primary power. In order to accomplish this it is frequently required to settle accounts, adjust disputed claims, resist those which are unjust, and answer and defend suits; these subordinate powers are sometimes called mediate powers. Story, Ag. 58. See Primary powers, and 1 Camp. R. 43, note 4 Camp. R. 163; 6 S. & R. 149.
MEDIATION. The act of some mutual friend of two contending parties, who brings them to agree, compromise or settle their disputes. Vattel, Droit des Gens, liv. 2, eh. 18, 328.
MEDIATOR. One who interposes between two contending parties, with their consent, for the purpose of assisting them in settling their differences. Sometimes this term is applied to an officer who is appointed by a sovereign nation to promote the settlement of disputes between two other nations. Vide Minister; Mediator.
MEDICAL JURISPRUDENCE. That science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in courts of justice. By some authors, it is used in a more extensive sense and also comprehends Medical Police, or those medical precepts which may prove useful to the legislature or the magistracy. Some authors, instead of using the phrase medical jurisprudence, employ, to convey the same idea, those of legal medicine, forensic medicine, or, as the Germans have it, state medicine.
2. The best American writers on this subject are Doctors T. R. Beck and J. B. Beck, Elements of Medical Jurisprudence; Doctor Thomas Cooper; Doctor James S. Stringham, who was the first individual to deliver a course of lectures on medical jurisprudence, in this country; Doctor Charles Caldwell. Among the British writers may be enumerated Doctor John Gordon Smith; Doctor Male; Doctor Paris and Mr. Fonblanque, who published a joint work; Mr. Chitty, and Dr. Ryan. The French writers are numerous; Briand, Biessy, Esquirol, Georget, Falret, Trebuchet, Mare, and others, have written treatises or published papers on this subject; the learned Fodere published a work entitled "Les Lois eclairees par les sciences physiques ou TraitÇ de MÇdÇcine LÇgale et d'hygiÇne publique;" the "Annale d'hygiÇne et de MÇdÇcine Legale," is one of the most valued works on this subject. Among the Germans may be found Rose's Manual on Medico Legal Dissection; Metzger's Principles of Legal Medicine, and others. The reader is referred for a list of authors and their works on Medical Jurisprudence, to Dupin, Profession d'Avocat, tom. ii., p. 343, art. 1617 to 1636, bis. For a history of the rise and progress of Medical Jurisprudence, see Traill, Med. Jur. 13.
MEDICINE CHEST. A box containing an assortment of medicines.
2. The act of congress for the government and regulation of seamen in the merchant service, sect. 8, 1 Story's L. U. S. 106, directs that every ship or vessel, belonging to a citizen or citizens of the United States, of the burthen of one hundred and fifty tons or upwards, navigated by ten or more persons in the whole, and bound on a voyage without the limits of the United States, shall be provided with a chest of medicines, put up by some apothecary of known reputation, and accompanied by directions for administering the same; and the said medicines shall be examined by the same or some other apothecary, once, at least, in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled; and in default of having such medicine chest so provided, and kept fit for use, the master or commander of such ship or vessel shall provide and pay for all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness, at every port or place where the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman or mariner.
3. And by the act to amend the above mentioned act, approved March 2, 1805, 2 Story's Laws U. S. 971, it is provided that all the provisions, regulations, and penalties, which are contained in the eighth section of the act, entitled "An act for the, government and regulation of seamen in the merchants' service," so far as relates to a chest of medicines to be provided for vessels of one hundred and fifty tons burthen and upwards, shall be extended to all merchant vessels of the burthen of seventy-five tons or upwards, navigated with six persons, or more, in the whole, and bound from the United States to any port or ports in the West Indies.
MEDIETAS LINGUAE. Half tongue. This expression was used to signify that a jury for the trial of a foreigner or alien for a crime, was to be composed one half of natives and the other of foreigners. The jury de medietate linguae is used in but a few if any of the United States. Dane's Ab. vol. 6, c. 182, a, 4, n. 1. Vide 2 Johns. R. 381; 1 Chit. Cr. Law, 525; Bac. Ab. Juries, E 8.
MELANCHOLIA, med. jur. A name given by the ancients to a species of par- tial intellectual mania, now more generally known by the name of monomania. (q. v.) It bore this name because it was supposed to be always attended by dejection of mind and gloomy ideas. Vide Mania.,
MELIORATIONS, Scotch law. Improvements of an estate, other than mere repairs; betterments. (q. v.) 1 Bell's Com. 73.
MELIUS INQUIRENDUM VEL INQUIRENDO. English practice. A writ which in certain cases issues after an imperfect inquisition returned on a capias utlugatum in outlawry. This melius inquirendum commands the sheriff to summon another inquest in order that the value, &c., of lands, &c., may be better or more cor- rectly ascertained. Its use is rare.
MEMBER. This word has various significations: 1. The limits of the body use- ful in self-defence. Membrum est pars corporis habens destinatum operationem in corpore. Co. Litt. 126 a. See Limbs.
2. - 2. An individual who belongs to a firm, partnership, company or corporation. Vide Corporation; Partnership.
3. - 3. One who belongs to a legislative body, or other branch of the government; as, a member of the house of representatives; a member of the court.
MEMBER OF CONGRESS. A member of the senate or house of representatives of the United States.
2. During the session of congress they are privileged from arrest, except for treason, felony, or breach of the peace; they receive a compensation of eight dollars per day while in session, besides mileage. (q. v.)
3. They are authorized to frank letters and receive them free of postage for sixty days before, during, and for sixty days after the session.
4. They are prohibited from entering into any contracts with the United States, directly or indirectly, in whole or in part for themselves and others, under the penalty of three thousand dollars. Act of April 21, 1808, 2 Story's L. U. S. 1091. Vide Congress; Frank.
MEMBERS, English law. Places where a custom-house has been kept of old time, with officers or deputies in attendance; and they are lawful places of exportation or importation. 1 Chit. Com. L. 726.
MEMORANDUM. Literally, to be remembered. It is an informal instrument recording some fact or agreement, so called from its beginning, when it was made in Latin. It is sometimes commenced with this word, though written in English; as "Memorandum, that it is agreed," or it is headed with the words, "Be it remembered that," &c. The term memorandum is also applied to the clause of an instrument.
MEMORANDUM, insurance. A clause in a policy limiting the liability of the insurer. Its usual form is as follows, namely, "N. B. Corn, fish, salt, fruit, flour and seed, are warranted free from average, unless general, or the ship be stranded: sugar, tobacco, hemp, flax, hides and skins, are warranted free from average, under five percent; and all other goods, also the ship and freight, are warranted free from average, under three percent unless general, or the ship be stranded." Marsh. Ins.223; 5 N. S. 293; Id. 540; 4 N. S. 640; 2 L. R. 433; Id. 435.
MEMORANDUM OR NOTE. These words are use in the 4th section of the statute 29 Charles II., c. 3, commonly called the statute of frauds and perjuries, which enact, that "no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall he brought, or some memorandum or note thereof, Shall be in writing," &c.
2. Many cases have arisen out of the words of this part of the statute; the general rule seems to be that the contract must be stated with reasonable certainty in the memorandum or note so that it can be understood from the writing itself, without having recourse to parol proof. 3 John., R. 399; 2 Kent, Com. 402; Cruise, Dig. t. 32, c. 3, s. 18. See 1 N. R. 252; 3 Taunt. 169; 15 East, 103; 2 M. & R. 222; 8 M. & W. 834 6 M. & W. 109.
MEMORANDUM CHECK. It is not unusual among merchants, when one makes a tem- porary loan from another, to give the lender a check on a bank, with the express or implied agreement that it shall be redeemed by the maker himself, and that it shall not be presented at the bank for payment. If passed to a third person, it will be valid in his hands, like any other check. 11 Paige, R. 612.
MEMORIAL. A petition or representation made by one or more individuals to a legislative or other body. When such instrument is addressed to a court, it is called a petition.
MEMORY. Understanding; a capacity to make contracts, a will, or to commit a crime, so far as intention is necessary.
2. Memory is sometimes employed to express the capacity of the understanding, and sometimes its power; when we speak of a retentive memory, we use it in the former sense; when of a ready memory, in the latter. Shelf. on Lun. Intr. 29, 30.
3. Memory, in another sense, is the reputation, good or bad, which a man leaves at his death. This memory, when good, is highly prized by the relations of the deceased, and it is therefore libelous to throw a shade over the memory of the dead, when the writing has a tendency to create a breach of the peace, by inciting the friends and relations of the deceased to avenge the insult offered to the family. 4 T. R. 126; 5 Co. R. 125; Hawk. b. 1, c. 73, s. 1.
MEMORY, TIME OF. According to the English common law, which has been altered by 2 & 3 Wm. IV., c. 71, the time of memory commenced from the reign of Richard the First, A. D. 1189. 2 Bl. Com. 31.
2. But proof of a regular usage for twenty years, not explained or contradicted, is evidence upon which many public and private rights are held, and sufficient for a jury in finding the existence of an immemorial custom or prescription. 2 Saund. 175, a, d; Peake's Ev. 336; 2 Price's R. 450; 4 Price's R. 198.