MITIOR SENSUS, construction. The more lenient1 sense. It was formerly2 held in actions for libel and slander3, 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 construed4, 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 writ5 enclosing a record sent to be tried in a county palatine; it derives6 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 precept7 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 mingle8. 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 LARCENY9, 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 monarchical10, aristocratical, and democratical government. See Government.
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