MODUS

Lat. In the civil law. Manner ; means; way. In old conveyancing. Mode; manner; the arrangement or expression of the terms of a contract or conveyance. Also a consideration; the consideration of a conveyance, technically expressed by the word “ut.” A qualification, involving the idea of variance or departure from some general rule or form, either by way of restriction or enlargement, according to the circumstances of a particular case, the will of a donor, the particular agreement of parties, and the like. Burrill. In criminal pleading. The modus of an indictment is that part of it which contains the narrative of the commission of the crime; the statement of the mode or manner in which the offense was committed. Tray. Lat. Max. In ecclesiastical law. A peculiar manner of tithing, growing out of custom. .Modus de non decimando. In ecclesiastical law. A custom or prescription of entire exemption from the payment of tithes; this is not valid, unless in the case of abbey lands. Modus decimandi. In ecclesiastical law. A manner of tithing; a partial exemption from tithes, or a pecuniary composition prescribed by immemorial usage, and of reasonable amount; for it will be invalid as a rank modus if greater than the value of the tithes in the time of Richard I. Stim. Law Gloss.Modus habilis. A valid manner.Modus levandi fines. The manner of levying fines. The title of a short statute in French passed in the eighteenth year of Edward I. 2 Inst. 510; 2 Bl. Coram. 349.Modus tenendi. The manner of holding; i. «., the different species of tenures by which estates are held.Modus transfer rendi. The manner of transferring.Modus vacandi. The manner of vacating. How and why an estate has been relinquished or surrendered by a vassal to his lord might well be referred to by this phrase. See Tray. Lat. Max. v. Rank modus. One that is too large. Rankness is a mere rule of evidence, drawn from the improbability of the fact, rather than a rule of law. 2 Steph. Comm. 729. Modus de non decimando non valet. A modus (prescription) not to pay tithes is void. Lofft, 427; Cro. Eliz. 511; 2 Shars. BL Comm. 31. Modus et conventio vineunt legem. Custom and agreement overrule law. This maxim forms one of the first principles relative to the law of contracts. The exceptions to the rule here laid down are in cases against public policy, morality, etc.