A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 869 terms defined in A Dictionary of Law. Browse all dictionaries
A book kept, in England, by the registrar, in which applications for and issue of registrar’s licenses to marry are recorded.
In English law. One who carries the mace before certain functionaries. In Scotland, an officer attending the court of session, and usually called a “macer.”
- Macedonian Decreedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Roman law. This was the Senatus-consultum Macedonianum, a decree of the Roman senate, first siven under Claudius, and renewed under Vespasian, by which it was declared that no a
In old English law. Qne who buys stolen goods, particularly food, knowing it to have been stolen.
Secure against arrest.
Tomakea warlik device over a gate or other passage like toa grate, through which scalding water or ponderous or offensive things may be cast upon the assailants. Co. Litt. 5a.
Contriving a plot or conspiracy. The act of planning or contriving a scheme for executing some purpose, particularly an evil purpose; an artful design formed with deliberation.
- Machinedefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
In patent law. Any contrivance used to regulate or augment force or motion; more properly, a complex struct ure, consisting of a combination, or peculiar modification, of the mecha
<A more comprehensive term than “machine;” including the appurtenances necessary to the working of a ma. chine. 111 Mass. 540; 108 Mass. 78.
A barn or granary open at the top; a rick or stack of corn. Spelman.
A murderer.
Inold Europeanlaw. To wound. Spelman.
Where a writ of seive facitas has been actually served upona defendant, the proper return is that its con. tents have been “made known” to him.
Lat. More; more fully; more in number; rather. Magis de bono quam doe malo lex intendit. Co. Litt. 78b. The law favors a good rather than a bad construction. Where the words used i
- Magisterdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
In Eneglishlaw. <A masfer or ruler; a person who has attained to some eminent degree in science. Cowell. In the civil law. A title of several offices under the Roman Empire.
In English ecclesiastical law. The title of an oificer who grants dispensations; as to marry, fo eat fiesh on days prohibited, and the Jike. Bac. Abr. “Ecclesiastical Courts,” A, 5
In old English law. Master of the chancery; master in ehanecery. These oflicers were said to be called “meagistri,” because they were priests. Latch, 13d,
Master of the horse, A tithe of office under the Roman Empire.
Relating or pertaining to the character, office, powers, or duties of a magistrate or of the magistraey.
Masterofthe suit; the person who controls the suit or its prosecution, or has the right so te do,
In the civil law. The master of a ship or vessel. He to whom the care of the whole vessel is committed. Dig. 14,1, 1, 1, 5.
Master of the the modern lord ehamberiain. Tayl. Civil Law, 37. Magister rerum usus. Use is the master of things. Co. Litt. 2298. Usage is a Puipal guide in practice. Magister reru
In the civillaw, The master or manager of a partnership; @ maniging partner or‘ general agent; a Manager specially chosen by a firm to administer the affairs of the partnership. St
Master of requests. A title of oflice under the Roman Empire.
This term may have a more or less extensive signification according to the use and connection in which it occurs, In its widest sense it includes the whole body of public functiona
- Magistralia Breviadefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Inold English practice. Magisterial writs; writs adapted to special cases, and so called from being framed by the masters or principal clerks of the chancery. Bract. fol. 4180; Cra
- Magistratedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)
A public officer belonging to the civil organization of the state, and invested with powers and funect.ons which may be either judicial, legislative, or executive, But the term is
In American law. Courts in the state of South Carolina, having exclusive jurisdiction in matters of contract of and under twenty dollars. A local court in the city of Philadelphia,
In thecivil law. A magistrate. Calvin. <A judicial officer who had the power of hearing and determining causes, but whose office properly was to inquire into matters of law, as dis
- Magna Assisadefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)
In old English law. The grand assize. Glanv. lib. 2, ee. 11, 12.
- Magna Assisa Eligendadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An ancient writ to summon four lawful knights before the justices of assize, there to choose twelve others, with themselves to constitute the grand assize or great jury, to try the
In old pleading. Great beasts, as horses, oxen, ete. Cro. Juc. 580.
The great hundred, or six score. Wharton.
The great charter. The name of a charter (or constitutional enactment) granted by King John of England to the barons, at Runnymede, on June 15, 1215, and afterwards, with some alte
To compare great things with small things.
Great fault; gross negligence.
In thecivil law. Great or gross negligence. Magna negligentia culpa est; magna culpa dolus est. Gross negligence is fault; gross fault is fraud. Dig. 50, 16, 226.
In old English law. <A greator general reap-day. Cowell; Blount.
In old English law. Grand serjeanty. Fleta, lib. 2, c. 4, § 1.
In old practice, Great or grand cape. 1 Reeve, Eng. Law, 413. See Granp Care.
- Magnum Conciliumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. The great council; the general council of the realm; afterwards called “parliament.” 1 Bl. Comm. 148; 1 Reeve, Eng. Law, 62; Spelman. The king’s great council o
In Hindulaw. A banker or any great shop-keeper.
In Hindu law. Any land or public fund pruducing a revenue to the goyernment of Hindostan. “Jfahalaat” is the plural.
In maritimelaw. The German name for the contract for the building of a vessel. This contract contains a specification of the kind of vessel intended, her dimensions, the time withi
- Maiden Assizedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In English law. Originally an assize at which no person was condemned to die. Now itis a session of & criminal court at which there are no prisoners to be tried.
- Maiden Rentsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A fine paid by the tenints of some manors to the lord for a lieense to marry a daughter. Cowell. Or, perhaps, for the lord’s omitting the custom of marcheta, (q- t.)
A brasier’s shop, or, perhaps, a house. Cowell.
- Maihemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
See Mayvyem; Mar.
Maimed or wounded.
In old English Jaw. Mayhem, (q. v-) Maihemium est homicidium inchoatum. § Inst. 118. Mayhem is ineipient homicide. Maihemium est inter crimina majora minimum, 6t inter minora maxim
- Maildefined inU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
As applied to the post-office, this term means the carriage of letters, whether applied to the bag into which they are put, tie coach or vellicle by means of which they are transpo
Suitable or admissible for transmission by the mail; belonging to the classes of articles which, by the lawa and postal reguiations, may be sent by post.
In old English iaw. A kind of ancient money, or silver half-pence; a small rent.
This word, as applied to a letter, means that the letter was properly prepared for transmission by the servants of the postal department, and that it was put in the custody of the
In Scotch law. The rents of an estate. Bell.
This term Includes letters, packets, ete., received for transmission, and to be transmitted by post fo the person to whom such matter is directed. 30 Fed. Rep. 820,
- Maimdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
To deprive a person of a member or part of the body, the loss of which renders him less capable of ighting; to commit mayhem, (gq. v.) in this respect, “to wound” is distinguishabl
Depriving of any necessary part. See MAYHEM.
A false oath; perjury. Cowell. places the parishioners paid to the rector in lieu of small tithes. Cowell.
The main channel of a river is that bed over which the prineipal volume of water flows. $1 Fed. Rep. 755.
- Mainourdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
Incriminallaw. An article stolen, when found in the hands of the thief. A thief canght with the stolen goods in his possession is said to be taken “with the mainour,” that is, with
or MAINGIUVRE. A trespass committed byhand. See 7 Rich. II. ce. 4.
- Mainpernabledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
Capable of being bailed; bailable; admissible to bail on giving surety by mainpernors.
In old practic. A surety for the appearance of a person under arrest, wlio is delivered out of custody into the hands of his bail. ‘“Mainpernors” differ from “bail” in that a man’s
- Mainprisedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
The delivery of a person into the custody of mainpernors, (yg. v.) Also the name of a writ (uow obsolete) commanding the sheriff to take the security of mainpernors and set the par
The open, uninclosed ocean; or that portion of the sea which is without the fauces terre on the sen-coast, in contradistinction to that which is surrounded or inclosed between narr
To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. 8 Minn. 105, (Gil. 80, 81.)
- Maintaineddefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In pleading. A tech. nical word indispensable in an indictment for maintenance. 1 Wils, 325.
Incriminallaw. One that maintains or seconds a cause depending In suit between others, either by disbursing ——————_—————— noney or making friends for either party to-
- Maintenancedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
Sustenance; support; assistance. The furnishing by one person to another, for his support, of the means of living, or food, clothing, shelter, etc., particularly where the legal re
In Frenchlaw. The government building of each commune. It contains the record office of all civil acts and the list of voters; and it is there that political and municipal election
Fr. A hospital; an almshouse; amonastery. St. 39 Eliz. c. 5. Literally, “house of God.”
A house, mansion, or farm. Cowell.
Fr. In French maritime law. Master; the master or captain of a vessel. Ord. Mar. liv. 2, tit. 1, art. 1.
- Majestasdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)
Lat. In Roman law. The majesty, sovereign authority, or supreme prerogative of the state or prince. Also a shorter form of the expression “erimen majestatis,” or “crimen lese majes
Royal dignity. A term used of kings and emperors as a title of honor.
- Majordefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
A person of full age; one who is no longer a minor; one who has attained the management of his own concerns and the enjoyment of his civic rights. In military law. ‘The officer nex
The greater year; the bissextile year, consisting of 366 days. Bract. fol. 3596.
- Majora Regaliadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The king’s dignity, power, and royal prerogative, as opposed to his revenue, which is comprised in the minora regalia. 2 Steph. Comm. 475; 1 Bl. Comm. 240, Majore pena affectus qua
In Roman law and genealogical tables. The male ascendants beyond the sixth degree. Majori summs minor inest. In the greater sum the less is included. 2 Rent, Comm. 618; Story, Ag.
- Major Generaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In military law. An officer next in rank above a brigadier general, and next below a lieutenant general, and who usually commands a division or an army corps. Major hereditas venit
In old practice. Greater right or more right. A plea in the old real actions. 1 Reeve, Eng. Law, 476. 2Majus jus merum, more mere right. Bract. fol. 31.
- Makedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)
1. To cause to exist; to form, fashion, or produce; to do, perform, or execute; as to make an issue, to make oath, to make a presentment, 2. To do in form of law; to perform with d
To fransfer one’s property to an assignee for the benefit of one’s creditors. a written contract, to reduce it te writing, execute it in due form, and deliver itas binding.
To fail or be wanting in some legal duty; particularly, to omit the entering of an appearance when duly summoned in an action‘at law or other judicial proceeding, to neglect to obe
A Scotch phrase, equivalent to the old English phrase, “to make one's law.”
- Makerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
One who makes, frames, or ordains; as a “law-maker.” One whomakes or executes; as the maker of a promissory note.
Inold practice. The formality of denying a plaintiffi’s charge under oath, in open court, with compurgators. One of the ancient methods of trial, frequently, though inaccurately, t
A prefix meaning bad, wrong, fraudulent; as maladministration, malpractice, malversation, etc.
Lat. Bad; evil; wrongful.
This term is used, in the law-books, interchangeably with mis-administration, and both words mean “wrong administration.” 14 Neb. 183, 15 N. W. Rep. 331.
Bad faith. The opposite of bona fides, (g. 0.) JMala fide, in bad faith. Mala fidei possessor, a possessor in bad faith. Mackeld. Rom. Law, § 297. Mala grammatica non vitiat charta
Wrongs in themselves; acts morally wrong; offenses against conscience. 1 Bl. Comm, 57, 58; 4 Bi. Comm. 8.
In old English law. A thief or pirate. Wals. 338.
Malpractice; unskillment of a physician, surgeon, or apothecary. 3 Bl. Comm, 122.
Prohibited wrongs or offenses; acts which are made offenses by positive laws, and projiibited as such. 1 Bl Comm. 57, 58; 4 BJ. Comm. 8
In Hindu law. Judicial; belonging to a judge or magistrate.
A hill where the people assembled at a court, like the English assizes; which by the Scotch and Irish were called “parley hills.” Du Cange.
In Hindu law. A treasury or store-house.
- Maledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Bouvier (1839)
Of the masculine sex; of the sex that begets young.