MANSLAUGHTER,― continued. has no accessories before, 477. has accessories after, 492. may be conviction for, on proof of murder, 536. otherwise when no jurisdiction in the court, 548. what is, 571. territorial jurisdiction extends, 571. of sea from shore, not in counties, 605. MARINERS. (See WANDERING MARINERS.) MARITIME JURISDICTION, what it embraces locally, 609. power of congress as to, 609, 610. how, within the body of a county, 610. MARRIAGE, (See FORCIBLE MARRIAGE.) brought about by enticement, heiress, 412. construction of statute about solemnizing, 135. good, though celebrated contrary to direction of the statute, 151. law does not compel, 385. MARRIED WOMEN, when excused for crime, 276-282. (See ANALYTICAL INDEX, c. 20.) not always within general words of statute creating an offence, 80. MARTIAL LAW, what it is, 48. MARYLAND, when settled, 13. its common law, what, 15 and note. MASSACHUSETTS, when settled, 13. its unwritten law, what, 15. equity jurisdiction in, 15. MASTER, (See PRINCIPAL and Agent.) when criminally liable for act of servant, 231, 236, 237. MASTER AND SERVANT, view of the criminal law relating to, 723, 724. "MATERIALS FOR A LOTTERY," (See LOTTERY TICKETS.) the books of its proceedings are, 125. MATTER. MAXIMS, (See DESTRUCTIVE MATTER.) "caveat emptor," 6, 27. MAXIMS, — continued. "cessante ratione legis, cessat ipsa lex," 29, 335, 337, 544. 66 expressio unius est exclusio alterius,” 150. 66 actus non facit reum nisi mens sit rea," 227. "actus mé invito factus, non est meus actus," 227. "de minimis non curat lex," 320. (See SMALL THINGS.) "in jure non remota causa sed proxima spectatur," 320. not, if in self-defence, 341. request of person injured, no defence, 342. may be of slave, inflicted by master, 734. MEANING. (See LEGISLATIVE MEANING-INTERPRETATION Of Stat- UTES.) MEDICAL PRESCRIPTION, whether justifies violation of statute, 146. MEDICINE, construction of statutes against the practice of, by slaves, 146. MEETING. MENTAL FORCE, what is, 407. (See PUBLIC MEETING.) physical injuries produced by, 415-417. directed against property rights, 430 et seq. MENTAL INCAPACITY. (See INSANITY.) MERGER, whether conspiracy to commit felony mérges in felony committed, MISDEMEANOR,- continued. created by statute out of felony, cannot afterward be prosecuted as right of officer to arrest one who has committed, 319. no distinction between principals of the first and second degrees, 462. encouraging, not indictable, 323. how no accessories in, 483. accessory before the fact in, 483–485. (See ANALYTICAL INDEX, c. 36.) accessories after the fact in, 499, 500. attempt to commit, indictable, 520, 526. every indictable attempt is, 528. whether conviction for, on bad indictment for felony, 547. whether advantages at the trial, 543, 544. where the proof shows a felony, 549–551. same act is not, and also felony, 100, 493, 551. committed by means of a felony, how regarded, 551. where aiders in, are indictable, 560. how punished, 626–630. constitutional provisions about twice in jeopardy, whether extend to, how differs from felony, where a wrong conviction, 675. acquittal or conviction, how affect indictment for felony, 682, 683. 2 not different in principle from non-feasance, 235, 308. MISPRISION, meaning of the word, and general view of the law of, 507-509. what indictable, 329, 338. doctrine of, not applicable to lowest offences, 355. of treason, what, 323. under act of congress, 497, 509. of felony, under ditto, 509. anciently, to receive stolen goods knowing them stolen, 493. every felony includes a misprision of, this explained, 558. MISSOURI, the common law in, 15 and note, 45. MISTAKE, in statute, corrected by construction, 66 b. avoids forfeiture, when, 697. MODERN INTERPRETATION, how it differs from the ancient, 110. legal meaning of the word, 162. construction of Tennessee statute against cohabiting with, 465. how created, 57. power of making by-laws, 57. by-laws of, when void, and who bound by, 58. effect of sentence in court of, as barring prosecution, 666. MURDER, (See HOMICIDE.) malice in, how described in the indictment, 263. MUTE. on indictment for, conviction for manslaughter, 538. otherwise, where no jurisdiction in the court, 548. may be convicted in either degree, 539. whether the act of, can be also an assault, 551. (See STANDING MUTE.) N. NATURAL JUSTICE. (See DIVINE Law.) NAVIGABLE RIVERS, (See RIVER-PUBLIC WAY-NUISANCE.) NAVIGATION, statute as to the locality of offences committed in a course of, 566. what will take away the criminal quality from an act, 270–275. case of, excepted out of the operation of a statute, 80. whether justifies selling intoxicating liquor without license, 146. NEGATIVE STATUTES, (See STATUTES.) what they are, 89. repeal prior laws, 90. how construed, 90. NEGLECT, (See CARELESSNESS.) may create criminal liability, 313 a. indictable in county where act ought to have been done, 556. NEGRO, (See FREE NEGROES.) legal meaning of the word, 162. statute against taking, on board steamboats without free papers, 244. NOL. PROS., meaning of the term, 659. as to the right of, and its effect, 659, 660, 663, 677. to the church, indictable in England, 377. NON-FEASANCE, same principle as misfeasance, 308. NOTICE, (See SLIT THE NOSE.) (See PROMISSORY Note.) must be given a defendant, before proceeding, 86. illustrations of- indictable, 392. in obstructing rivers, indictable though navigation on the whole im- |