A Dictionary of Law

' In the law of patents, includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result.* A conc

6 A soldier who commits larceny or robbery near camp, or while wandering from the army.' A rover in quest of plunder; a plunderer. ^

2 1, n. (1) In old English law, the title of several officers of different grades and powers, judicial or executive. The lord-marshal presided in the court of chivalry; the knight-

Master, ruler. Magister litis. He who controls a suit.^ Magister navis. He who governs a vessel.' Magister societatis. The manager of a partnership; a managing partner or agent.*

!" a governor, rulsr, officer. Correlative, the people. ' Grier v. Castle, 17 F. E. 524 (1883), Mc Kennan, J, See Winans v. Denmead, 15 How. 342 (1853): Gill v. Well Si 22 Wall. 24

The Great Charter: the principal guaranty of English liberties, obtained June 19, 1315, fi-om King John. With some alterations, confirmed in parliament by Henry III, his son. By 25

2 1. A small piece of money; rent. Extant in black-mail, q. v. 8. A bag, valise, or portmanteau, used in the conveyance of letters, papers, packets, etc., by any person acting unde

i 1. To coni Diit mayhem, q. v. Although both at common law and under our present more liberal practice, it is necessary, in charging the offense o( maiming, or mayhem, to set fort

See Main, 2. When a libel is produced written by a man's own hand, apd the author is not known, he is " taken in the mainer," and that throws the burden of proof upon him.*

A thing stolen, in the hands of the thief. At common law, when a thief was taken " with the mainour." that is, with the thilng stolen inmanu, in his hand, he might be brought into

6 A surety that a defendant would appear and answer all charges. " Bail " are sureties fora specified matter, expressly stipulated. They may imprison or surrender at any time; wher

' 1. To keep up, sustain, preserve. To maintain a partition fence is to keep it in repair, and, if destroyed, to rebuild it.^ A building is not maintained, but a nuisance may be, b

4 Making an article by hand; making an article, either by hand or by machinery, into a new form, capable of being used, in ordinary life. In some instances, may refer to the proces

See Prerogative. MAJOR; MAJUS. L. The greater; opposed to minus, the lesser, the less. Major in se eontinet minus. The greater comprises the less within itself. Omne majus eontinet

* 1. The civil condition of one who is of the full age of twenty-one years." Opposed, minority. See Age; Whem. 3. The greater number or portion; more than half of all electors, vot

1. To prepare, subscribe, verify and file: as, to make answer. 2. To transfer for the benefit of a creditor or creditors: as, to make an assignment. 3. To sign, seal, and deliver;

* A prefix denoting ill, evil, unskillful, unlawful.' As, in maladministration, maldistribution, malfeasance, malpractice, maltreatment. See Mis.

See Malus.

See Mal; Administer, 4.

See Descent; Gender; Issue, 5; Man. 1 Leo V. Union Pacific R. Co., 18 P. E. 283 (1834). > County of Cass u. Johnston, 95 U. S. 369 (1877), cases. Miller and Bradley, JJ., dissentin

Wrong-doing; unlawful action; injury; tort. Ex maleflcio. On account of misconduct. See Thust, 1, Trustee.

See Mal; Feasance.

1 Wicked intention to do an injury.2 In law, any improper and sinister motive; not necessarily spite and hatred.^ Wantonness; willful disregard of right and duty: doing an act cont

Vicious will; evil design; wickedness; malice. Compare Dolus; Malus. Malitia supplet setatem. Viciousness makes up for age; a wicked design supplies the want of years. Between seve

8 Unskillful treatment by a physician or surgeon, in consequence of which the patient is injured more or less seriously, perhaps permanently. Spoken of as ignorant, negligent, or w

Synonymous with bad treatment. Does riot imply, necessarily, conduct that is either willfully or grossly careless. Results from ignorance, negligence, or willfulness. This, at leas

See Malus.

Bad; evil. Compare MAt. Mala. JBad; in or witli tiiat which is bad, evil, unlawful. Mala fides. Bad faith; opposed to tona fides. See Fides. Mala grammatica. Bad grammar, q. v. Mal

Any punishable fault committed in the exercise of an office. Originally, a term in French law.'

l.'include's all human be Jng Bpjr any human being whether male or.Xemale: as, in the expressions, offenses a,gainst man, manslaughter, material-man, remainder^' man, warehouseman,

See Mandate, 3.

! ]. a charge, command; a judicial command. 2 Includes "■ writ, process or other written direction issued pursuant to law out of a court, or made pursuant to law, by a court, or a

1 1. Apparent by examination, without need of evidence to make it more clear; open, palpable, incontrovertible. Synonymous with evident, visible, plain, obvious to the understandin

See Man, 1.

* A word of large signification, but cannot exceed the subject to which it belongs: the incident cannot be extended beyond the principal.* The power to direct the " manner," the mo

See House, 1; Manor.

The wrongful killing of another person without malice, express or implied. Voluntary manslaughter, A kijling upon a sudden heat; a killing upon a sudden quarrel, in the first trans

See Delivery; Labor, 1. Compare Corporeal.

Giving liberty to one who has been in servitude, with the power of acting except as restrained by law. 2

See Waste, S. Made upon a farm, from consumption of its products, is part of the realty. Made from hay brought upon the land, has been held to be personalty, especially when gather

A hand. F. main, q. v. Manu brevi. With shorthand: briefly. Manu forti. With strong hand: forcibly. See Hand, 3. Molliter manus imposuit. He laid hands upon him lightly. A plea jus

e a writing of any kind, as opposed to printed matter or a picture; a book, paper or document in written characters. In copyright law, an unpublished literary production, however p

A transcript of the region which it portrays, narrowed in compass so as to facilitate an understanding of the original.' Maps showing boundaries are receivable in evidence, if it a

s In a brokers contract for the sale of stocks: security against loss on the part of the agent, — money or other property, i' Additional collateral security against loss to the bro

1. Adj. Pertaining to the high seas, to navigation or commerce upon the sea, to the perils of the sea. Compare Maritime. 2. Noun. Any person employed on a vessel to assist in the m

A maritime contract.

In the city of New York, a court exercising the jurisdiction of a justice of the peace, with cognizance of actions under city laws for penalties from twenty-five to one hundred dol

See Insurance , Marine.

Extra interest paid for the loan of money upon bottomry or respondentia bonds.

See League.

A peril necessarily incident to navigation.

A maritime tort.

A daughter's marriage portion. In feudal law, the right in a lord, of whom land was held by knight-service, to control the marriage of his vassal's daughter. See Feud; Marital; Mar

* Pertaining to navigation or commercial intercourse upon the seas, great lakes and rivers. Maritime. Primarily, bordering on the sea: as, a maritime town, coast, nation; secondari

1, n. (1) A sign made on paper, instead of a signature. Consists of two lines traced across each other between the Christian name and the surname, with " His " written above, and "

s 1. A place for public trafiic; also, a franchise or liberty to have a place for such resort.* A place where comestibles [eatables], perishable in their nature, are sold for the d

LETTER OF. Permission granted by one ruler to make reprisals on the country of another ruler, with particular reference to the apprehension of the latter's subjects within the marc

Lang. 246. From L. capitalis, the head or chief. Compare "pecunia-ry," and '* feud." When wealth consisted in heads of cattle (capita, capitalia), the word which designated them ca

! Belonging to war, or to an army or a navy. Gourt-martial. A tribunal which has jurisdiction of offenses against the law military by soldiers in the army, navy, or militia. In the

See Association, page 85, note 4.

Whether gifts to a Roman Catholic church for paying for masses are legal " charities," has been variously decided. A devise to a church to be devoted to paying for the repose of th

2 A person authorized to control another or others in some relation, or charged with the execution of a service as an assistant to a court of equity. 1. He to whom an apprentice is

Substance: matter, subject, subject-matter. In, pari materia. Upon like (equal) matter; in regard tp the same matter. Waite, C. J. See also Hatch v. Indianapolis, &c. E. Co., 11 Bi

6 1. Mental derangement accompanied with excitement. 2. Madness, irresistible impulse, insanity. ' Mandare, q. v. " See Mc Kelsey v. Lewis, 3 Abb. N. Cas. 63 (1877). 3 N. Y. Code C

See Homicide.

Marriage, as a relation or status. Matrimonial causes. In England, certain suits, involving rights relating to marriage, which have constituted a branch of ecclesiastical jurisdict

1, n. Any article used in building or repairing houses, ships, etc' More often, materials. Material-man. One who has furnished any merchandise or stuff for the erection or repair o

1. Whatever is perceptible by the senses; any material. See Materia^ Material; Patent, 2. 2. The subject of legal action, consideration, complaint or defense. The fact or facts con

" " A proposition to be of all men confessed and granted without proof, argument, or discourse... A conclusion of reason." So called quia maxima ejus dignitas et certissima <vuctor

Though primarily importing permission, is often used, in construing statutes, in the sense of " shall " or " must." Where public interest or private right requires that a thing sho

8 Violently depriving another of the use of a member proper for his defense in fight.' Violently depriving another of the use of euch of his members as may render him the, less abl

i The chief or executive magistrate of a city. 2 His principal duty is to enforce the laws of the city. He may also preside over the mayor's court, which has jurisdiction, concurre

A tract which lies above the shore of a sea or stream,- and is overflowed by spring and extraordinary tides only, and yields grasses which are good for hay.3 A " sedge-flat " is no

s In surveying, a line which follows the course of a stream. The meander-lines run in surveying fractional portions of the public lands bordering upon navigable rivers are run, not

See Construction; Innuendo; PUEPORT.

1. Agency, instrumentality. 3. Property, resources; money. In patent law, see Process, 2. Attempt by otlier means. In a statute punishing setting fire to property, contemplates phy

See Weight, 1; Inspection, 1; MORE OR Less. Measure of damages. The rule by which damage is to be estimated.* See Damages.

Remotely related; indirectly connected; incident to some other; opposed to immediate: as, mediate — descent, powers, qq. v. See Immediate.

See Medicine.

The practice of medicine includes the application of medicines and drugs for the purpose of curing, mitigating or alleviating bodily diseases; while the practice of " surgery " is

SPIBITUAL. See Influence; Pretenses, False.

A melee; confused fight; affray. Chance-medley. A casual affray. A killing in self-defense upon a sudden encounter. Cliaud-inedley.5 An affray in the heat of blood or passion. Both

See Road, 1, Xiaw of. Does not apply to travelers who come together in dif Eerent directions from roads which intersect.'

" General meetings '" of the members of a corporation occur at stated times fixed by the constitution or by-laws; "special meetings" are called for special purposes. The former are

See Betterment, 1; Improvement.

1. Of the person, see Mathem, 2. A person, see Amotion; Bar, 1; Church; Corporation.

1. The mental faculty by which passed impressions are reproduced. See Refresh. 3. Mental capacity; understanding: as, sane memory, sound and disposing mind and memory. See Mind. Le

Be it remembered; let it be remembered. Latin plural, memoranda; English plural, memorandums. The word is now Anglicised. Writings for which no technical forms were prescribed bega

See Assault; Defense, 1; Duress. MENAaERIE. See Animal.

See Servant.

See Divorce.

See Labor, 1; Mind.

Pertaining to mer- ' chandise; having to do with the business or relations of merchants. See Merchant; Merchandise. Mercantile agency. See Communication, Privileged, 3. Mercantile

^ Originally, one who traded with foreign countries; at present, one whose business is to buy and sell merchandise. ^ One who buys to sell again, and who does both, not occasionall

8 Compassion; leniency; clemency. 1. At common law, the conclusion of a judgment for the plaintif Ewas that the defendant "be m mercy" (misericm-dia.\ that is, be fined for his del

See Motion, 1; Right.

s Pertaining to unlawful sexual relation. If persons under legal incapacities wed, the union is meretricious.*

^ A sinking: absorption, coalescence, union, extinguishment — of a lesser estate, obligation, right, or wrong, by a larger one; the smaller ceasing to exist, and the greater not in

s Middle, intermediate, intervening: as, mesne or a mesne — assignment, incumbrance, lord, process, profits, qq. v. MESSAGrE.9 1. A communication from the President to Congress. 1