英文法律词典 M-134

MINUTE, measures. In divisions of the circle or angular measures, a minute is equal to sixty seconds, or one sixtieth part of a degree.

2. In the computation of time, a minute is equal to sixty seconds, or the sixtieth part of an hour. Vide Measure.

MINUTE, practice. A memorandum¹ of what takes place in court; made by authority of the court. From these minutes the record is afterwards made up. 2. Toullier says, they are so called because the writing in which they were originally, was small, that the word is derived², from the Latin minuta, (scriptura) in opposition³ to copies which were delivered to the parties, and which were always written in a larger hand. 8 Toull. n. 413.

3. Minutes are not considered as any part of the record. 1 Ohio R. 268. See 23 Pick. R. 184.

MINUTE BOOK. A book kept by the clerk or prothonotary of a court, in which minutes of its proceedings⁴ are entered. It has been decided⁵ that minutes are no part of the record. 1 Ohio R. 268.

MIRROR DES JUSTICES. The Mirror of Justices, a treatise⁶ written during the reign⁷ of Edward II. Andrew Horne is its reputed author. It was first published in 1642, and in 1768 it was translated into English by William Hughes. Some diversity of opinion seems to exist as to its merits. Pref. to 9 & 10 Co. Rep. As to the history of this celebrated⁸ book see St. Armand's Hist. Essays on the Legislative⁹ power of England, 68, 59.

MIS. A syllable¹⁰ which prefixed to some word signifies some fault or defect; as, misadventure, misprision, mistrial, and the like.

MISADVENTURE, crim. law, torts. An accident by which an injury occurs to another.

2. When applied¹¹ to homicide, misadventure is the act of a man who, in the performance of a lawful¹² act, without any intention to do harm, and after using proper precaution to prevent danger, unfortunately kills another person. The act upon which the death ensues, must be neither malum in se, nor malum prohibitum. The usual examples uuder this head are, 1. When the death ensues from innocent recreations. 2. From moderate and lawful correction (q. v.) in foro domestico. 3. From acts lawful and indifferent in themselves, done with proper and ordinary caution. 4 Bl. Com. 182; 1 East, P C. 221.