MALT MULNA

3 definitions found across Law Mind sources

MALT MULNAAuthored
The Law Mind • 682 words
Definition
A malt mulna is a quern or malt-mill — a grinding apparatus used to process malted grain. The term appears in historical English legal sources as a descriptor of property, typically in the context of manorial rights, mill ownership, or obligations attached to land tenure.
Why It Matters in Research
This term is effectively a fossil of medieval property and manorial law. Researchers encountering "malt mulna" will find it almost exclusively in older English legal materials — manor rolls, conveyancing instruments, and treatises dealing with servitudes or appurtenances to land. It does not appear as an operative term in modern legal instruments. The primary research trap is mistaking the entry for a substantive legal concept with doctrinal weight. It is instead a descriptive property term. If a researcher is tracing rights associated with mills — multure rights, soke of a mill, or the obligation of tenants to grind grain at a lord's mill (suit of mill) — "malt mulna" may appear incidentally as a label for the physical apparatus at the center of that dispute, not as the legal doctrine itself. The doctrine is elsewhere; this term names the object. Researchers working with manorial records, enclosure documents, or early English conveyances should also note the companion terms "malt-shot" and "malt-scot," which appear immediately adjacent in both Black's and Rapalje & Lawrence. These denote not the mill itself but a payment obligation connected to malt-making — a related but distinct concept. Conflating the physical apparatus (mulna) with the payment incident (shot/scot) is an easy error when reading dense historical property instruments. No American jurisdictional development exists for this term. It belongs entirely to the English legal inheritance and would appear in American sources, if at all, only in early colonial property disputes echoing English manorial customs, which were largely inapplicable in the American context.
Historical Dictionary Support
Both Black's Law Dictionary and Rapalje & Lawrence define malt mulna identically as "a quern or malt-mill," and both cite Broom's Legal Maxims (Max. 921) as authority. The definitions are in complete agreement and are brief by design — this is a term of description, not a term of art requiring doctrinal elaboration. Neither source develops the term further. Black's appends the malt-shot/malt-scot entry immediately following, as does Rapalje & Lawrence, treating them as a loose cluster of malt-related property terms. Rapalje & Lawrence notably runs malt mulna into a broader column that continues with maltreatment and malum in se — an artifact of alphabetical formatting rather than conceptual connection. Researchers using Rapalje & Lawrence in its original format should be alert to this typographical compression, which can make adjacent unrelated entries appear linked. What both historical sources omit: any treatment of the legal incidents that attached to mill ownership in English manorial law — the rights of soke, the obligations of suit of mill, or the role of the quern in disputes over a lord's monopoly on grinding. A researcher who needs that doctrinal context must look beyond the dictionary entry to treatises on copyhold tenure and manorial customs.
Jurisdictional Note
Malt mulna is a term of English manorial and property law with no recognized development in American, Scottish, or other common law jurisdictions. Its appearance in American legal dictionaries reflects the completeness of those references to English legal history, not any living application in U.S. practice.
Related Terms
Malt-shot (malt-scot) — payment incident to malt-makingdistinct from the mill itself Quern — the hand-mill or grinding stone; the physical referent of the term Multure — the toll of grain taken by a miller for grinding; related manorial right Suit of mill — the manorial obligation of tenants to grind at the lord's mill Appurtenance — the broader property law concept under which mill rights attached to land Soke — jurisdictional and economic rights over a districtincluding mill monopolies Copyhold — the tenure system within which many mill rights and obligations arose Malum in se — unrelated substantively; included here only to flag the adjacency in Rapalje & Lawrence that may cause indexing confusion
MALT MULNAmain
Black's Law Dictionary • 1891
A quern or malt-mill. Broom, Max. 921. MALT-SHOT or MALT-SCOT. A certain payment for making malt. Somner.
MALT MULNAmain
Rapalje & Lawrence • 1883
-A quern or malt mill. MALTREATMENT, (synonymous with "bad treatment"). 2 Allen (Mass.) 142. MALT-SHOT, or MALT-SCOT. -А MALUM IN SE.-See MALA IN SE. where a person maliciously institutes procertain payment for making malt.-Somner. ceedings, civil or criminal, against another without probable cause, i. e. believing that he is innocent. For the damage thereby caused to the accused he can sustain an action against the wrong-doer. Broom Com. L. 741; Underh. Torts 99. See MALICE; TORT. MALICIOUS PROSECUTION, (defined). 1 Chit. Gen. Pr. 48. 978. (what constitutes). 6 Dowl. & Ry. 8. (when action lies). Penn. (N. J.) MALICIOUSLY, (defined). 122 Mass. 19, 35. (as indicating intent). 116 Mass. 343. (as meaning a wicked intent to injure). 30 Conn. 80. 15. (as used in an indictment). 127 Mass. (in an indictment for perjury). 5 Barn. & C. 246, 250. (in a declaration). 13 Serg. & (Pa.) 233; 1 Saund. 242 n.

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