Page:Black's Law Dictionary (Second Edition).djvu/782

Rh

Msrcil sppellntio ad res mobiles tantum per-tinet. The term "merc-hsnd.ise" be- longs to movable things only. Dig. 50, 16, 66.

Mercia appellstirme homines non contincri. Men are not included under the de- nomination of "merchandise." Dig. 50, 16, 20!‘.

In practice. The arbitrament of the icing or judge in punishing offenses not directly censured by law. Jacob. So, "to be in mercy" signifies to be nmerced or fined for bringing or defending an unjust suit, or to be liable to punishment in the discretion of the conrt

In criminal law. The discretion of a judge, within the limits prescrihed by positive law, to remit altogether the punishment to which a convicted person is liable, or to mitigate the severity of his sentence: as when a jury recommends the prisoner to the mercy of the court.

MERE. Sax. A marsh. Spelman.

MERE. L. Fr. Mother. Alla, more, flilc, grandmother, mother, daughter. Britt. c. 89. En centre so more, in its mother's Womb.

MERE MOTION. The tree and voiuntary not of a party himself, done without the suggestion or influence of another person, is said to be done of his mere motion, so mew main, (:1. 1:.) Brown.

The phrase is used of an interference of the courts or law, who will, under some cir- cumstances, of their own moiion, object to an irregularity in the proceedings, though no objection has been taken to the inform-.1lit_v by the plnintiiff or defendant in the suit. 3 Chit Gen. .1—'r. 430.

MERE RIGHT. The mere right of prop- erty in land: the jus proyrietntis, Without either possession or even the right of pussession. 2 Bl. Comm. 197. The ahstrnct right of property.

MERE-STOKE. stone for bounding or dividing lands. P. 18 Hen. Vi. 5.

in old English isw. A Yearb.

MERENNIIIM. In old records. Timber. Cowell. MERETRICIOUS. Of the nature of un—

lawful sexual connection. The term is descriptlve of the relation sustained ny persons who cnntnct a marriage that is void by reason of legdi incapacity. 1 Bl. Comm. 436.

MERGER. The fusion or absorption of one thing or right into another; generally spoken of a case where one of the subjects is of less dignity or importance than the

774

MERITORIOUS

other. Here the less important ceases to have an independent existence.

In real-property law. It is a general principle of law that where a greater estate and a less coincide nnd meet in one and the same person, without any mtermedlnte estate, the less is immediately annihilated, ur, in the law phrase, is said to be merged. that is, sunk or drowned, in the greater. Thus, if there be tenant for years, and the i‘E\'el‘Si. in ice-simple descends to or is purchased by him, the term of years is n1,crgcn1 in the inheritance, and shall never exist any more. 2 Bl. Comm. 177; 1 Steph. Comm. 213: 4 Kent, Comm. 99. James v. Morey. 2 Cow. (N. Y.) 300, 14 Am. Dec. 475; Dunjn V. Smith, 31 N. J. Law, 327.

Of rights. This term, as applied to rights, is equivalent to "confusio" iu the R0- man law, and indicates that where the quail- ties of deintor and creditor become united in the same individual, there arises a confusion of rigilts Wbicb cxtiuguisiies both qualities; whence, also, merger is often cnlied "extin- gulsbmeut." Brown.

Rights of action. In the law relating to rights of action, when a person takes or ac- quires a remedy or sec'urity of a higher nature. in legal estimation, tban the one which he already possesses for the same light, then his remedies in respect of the minor right or security merge in those attaching to the higher one. Lenke, Cont. 506; 10 C. B. 56]. As where a clnim is merged in the judgment recovered upon it.

In criminal law. When a man commits a great crime which includes u iesse, or com- mits a felony wi.Iic'h includes a tort against a private person, the latter is merged in the former. 1 East. 1'. C. 411.

Of corporations. A merger of corporations consist in the uniting of two or more corporations by the transfer of property of all to one of them, which continues i_u ex- istence, the others being swallowed up or merged therein. In regard to the survivor» ship of one of the constituent corporations, it differs from u "consoiitlanon," wbei-ein all the consolidating c-nmp-inies snrirnder their separate eristence and become parts of s new corporntion. Adams v. Yazoo & M. V. R. Co., 77 Miss. 194. 24 South. 200. 60 L R A. 33; Vicirshnrg S; I’. 0. Tel. Co. v. Citizens‘ Tei. 00., 79 Miss. 341. 30 South. 725, S9 Am. St. Rep. (HG.

MERIDLES. In old English law. Fleta. no. 5, c. 5, § 31.

Noon

MERITORIOIJS. Possessing or churns terized by "merit" in the legal sense of the word. See Must-rs.

—Meritorious cause of action. ‘This description is sometimes applied to a person \i_'ili.1 whom the ground of action, or tbc consideration, originated or from nhoni it moved. I-‘or exam-