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
n. In patent law. Any useiul product made directly by buman labor, or by the aid of machinery directed and controlled by human power, and either from raw materials, or from materia
One who is engaged in the business of working raw materials into wares suitable for use. 63 How. Pr. 458. See MANUFACTURE, MANUFACTURING CORPORA:
With a long hand. A term used in the civil law, signifying indirectly or circuitously. Calvin.
or MONUNG. In old English law. The district within the jurisdiction of a reeve, apparently so called from his power to exercise therein one of his chief functions, viz., to exact (
Cattle or implements of husbandry; also stolen goods taken from a thief caught in the fact. Cowell.
A foot of full and legai mesure.
In old English law. Capable of being had or held in hand; capable of manual occupation; capable of being cultivated; capable of being touched; tangible; corporeal. Hale, Anal. § 24
- Manuredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
Inold Englishlaw. To occupy; to use or cultivate; to have in manual occupation; to bestow manual labor upon. Cowell.
- Manusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat. A hand. In the civil law, this word signified power, control, authority, the right of physical coercion, and was often used as synonymous with “potestas.” In old English law,
A writing; a paper written with the hand; a writing that has not been printed.
Adead hand; morimain, Spelman.
- Manutenentiadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
The old writ of maintenance. Reg. Orig. 182.
In old English law, The price or value of a man’s life or head. Cowell.
This term denotes a multitude, not merely a number greater than that denoted by the word “few.” (Ala.) 6 South. Rep. 282.
Inold Scotch law. Mayhem; mutilation of the body of a person. Skene.
A representation of the earth’s surface, or of some portion of it, showing the relative position of the parts represented, usually on a flut surface. Webster. “A map an understandi
Inold records. A mereor moor; a lake, pool, or pond; a bog or marsh that caunot be drained. Cowell; Blount; Spelman.
A mark; a eoin of tho value of 13s. 4d. Spelman.
Tho rent of a mark by the year anciently reserved in leases, ete.
The name of a piece of money coined at Hamburg. Its value is thirty-five cents.
In Scotchlaw. A boundary line or border. Bell, The word is also used in composition; a8 march-dike, march-stone,
In French mercantile law. Damaged goods.
- Marchersdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In old English law. Noblemen who lived on the marshes of Wales or Scotland, and who, aceording to Camden, had their private laws, as if they had been petty kings; which were abolis
- Marchesdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)Bouvier (1839)
An old English term for boundaries or frontiers, particularly the boundaries and limits between England and Wales, or between England and Seotland, or the borders of the dominions
COURT OF. An abolished tribunal in Wales, where pleas of debt or damages, not above the value of £50, were tried and determined. Cro. Car. 884.
- Marchetadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
In old Scotch law. a custom for tiie lord of a fee to He the first night with the bride of his tenant. Abol- A fine paid by the tenant forthe remission of such right, oriyinally a
A dignity ina woman answerable to that of marquis in a man, conferred either by creation or by marriage with amarquis. Wharton.
- Maredefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
Lat. ‘The sea.
The sea closed; that is, not open or free. The title of Selden’s great work, intended as an answer to the Mare Liberuim of Grotius; in which he undeztakes to prove the sea to be ca
The sea free. The title of a work written by Grotius against the Portuguese claim to an exclusive trade to the Indies, through the South Atlantic and Indian oceans; showing that th
Fr. Marshal; a high ofticer of the royal househuid. Britt. fol. 18.
In old English law. A marshal; a master of tke stables; an officer of the exchequer; a military olficer of high rank, having powers aud duties similar to these of a constable. Du C
Marshy ground oaverflowed bythoscaorgreatrivers. Co. Litt. 5.
- Margindefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Asumof menoy, or its equlyalent, placed in the hands of a stockbroker by the principal or person on whosa account the purchase is to be made, as a security to the former against lo
In Scoteh law. A note inserted on the margin of a deed, embodying either some clause which was omitted in transcribing or some change in the agreement of the parties. Bell, An abst
- Marine Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
One relating to maritime affairs, shipping, navigation, marines insurance, affreightment, maritime loans, or other business to be done upon the sea or in connection with navigation
- Marine Corpsdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A body of soldiers enlisted and equipped for service on board vessels of war; also the naval forces of the nation. MARINE COURT IN THE CITY OF
- Marine Insurancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
A contract whereby, for a consideration stipulated to be paid by one interested in a ship, freight, or cargo, subject to the risks of marine navigation, another undertakes to indem
- Marine Interestdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Interest, allowed to be stipulated for at an extraordinary rate, for the use and risk of money loaned on respondentia and bottomry bonds.
- Marine Leaguedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Anderson (1889)
A measure of distance commonly employed at sea, being equal to one-twentieth part of a degree of latitude.
- Marinerdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)Bouvier (1839)
<A seaman or sailor; one engaged in navigating yessels upon the sea.
The perils of the sea; the perils necessarily incident te navigation.
A body of infantry soldiers,. trained to serye on buard of vessels of war when in commission and to fight in naval engagements. Maris et fominz conjunctio est de jure nature. 7 Cok
In English law. A. charitable institution for the purpose of apprenticing boys to the naval service, etc., incorporated by 12 Geo. IIL. c. 67.
An officer in Scotland, who, with the lord high constable, possessed a Supreme itinerant jurisdiction in all crimes committed within a certain space of the court, wherever it might
A marshy or fenny ground. Co, Litt. 5a. MARITAGIO AMISSO FER ODE-
To have the free disposal of an heiress in marriage.
- Maritaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Abbott (1879)
Relating to, or connected with, the status of marriage; pertaining toa husband; incident to a husband.
Coercion of the wife by the husband.
- Marital Portiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In Louisiana. The name given to that part of a deceased husband’s estate to which the widow is entitled. Civil Code La. art. 55; 3 Mart. (N, Sepidle
- Marital Rightsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The rights of a husband. The expression is chiefly used to denote the right of « husband to property which his wife was entitled to during tha continuance of the marriage.
In old English law. The emolument or revenue coming to the king from the sea, whieh the sheriffs anciently collected, but which was after. wards granted to the admiral. Spelman.
- Maritima Incrementadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In old English law. Marine increases. Lands gained from the gea. Hale, de Jure Mar. pt. 1, ¢.4,
For some cause arising out of a maritime matter. 1 Pet. Adm. 92. Said to be Selden’s translation of the French definition of admiralty jurisdiction, “pour le fait dela mer.” Id.
- Maritimedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Pertaining to the sea or ocean or the navigation thereof; or to commerce conducted by navigation of the sea or (in America) of the great lakes and rivers. It is nearly equivalent t
A cause of action originating on the high seas, or growing out of a maritime contract. 1 Kent, Comm. 367, eb seq.
A contract whose subject-matter has relation to the nayigation of the seas or to trade or commerce to be conducted by navigation or to be done upon the sea or in ports. Over such c
- Maritime Courtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A court exer cising jurisdiction in maritime causes; one which possesses the powers and jurisdiction of a court of admiralty,
- Maritime Interestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
An expres sion equivalent to marine interest, (q..) as belongs to a court of admiralty on the instance side.
- Maritime Liendefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A lien arising out sot of damage done by a ship in the course of navigation, as by collision, which attaches to the vessel and freight, and is to be enforced by an action im rem in
- Maritime Loandefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A contract or agreement by which one, who is the lender, lends to another, who is the borrower, a certain sum of money, upon condition that if the thing upon which the loan has bee
A term used by French writers to signify any profit derived from a maritime loan.
In admiralty law. A service rendered upon the high seas or a navigable river, and which has some relation to commerce or navigation,—some connection with a vessel employed in trade
Lat. A husband; a martied man. Calvin.
A penny anciently paid at the town of Maldon by those who had gutters Jaid or made out of their houses into the streets. Wharton.
- Marketdefined inCase LawU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Abbott (1879)Bouvier (1839)
An English court of inferior jurisdiction held in every fair or market for the punishment of misdemeanors committed therein, and the recognizance of weights and measures, COURT OF
A public time and appointed place of buying and selling; also purchase place on one aide only, or during one part of the day only, the other sides being occupied by temples, theate
Such things as may be sold in the market; those for which a buyer may be found.
A “marketable title” to land is such a title as a courtof equity, when asked to decree specific performance of the contract of sale, will compel the vendee to accept as suflicient.
- Market Overtdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Bouvier (1839)
In English law. An open and public market. Tha marketplace or spot of ground set apart by custom for the sale of particular goods is, in the country, the only market overt; but in
Those towns which ure entitled to hold markets. 1 Steph. Comm. (7th Ed.) 180. MARKET VALUE signifies a price established by public saies, or sales in the way of ordizary business.
(properly market geld.) In old records. The tollofa market. Cowell,
In practice and conveyancing. One who makes his mark; a person who cannot write, and only makes his mark in executing instruments. Arch. N, Pr. 13; 2 Chit. 92.
STATUTE OF. An English statute enacted in 1267 (52 Hen. It related to land tenures, and to procedure, and to unlawful and excessive distresses.
LET-
or MARQUESS. In English law. One of the second order of nobility; next in order to a duke.
The seigniory of a marquis.
- Marriagedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A writ formerly available toa wife after a divorce, for the recovery of the goods given with her in marriage. Moz ley & Whitley.
Marriage, as distin. guished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united in law for life, for the discharg
- Marriage Articlesdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
Articles of agreement between parties contemplating marriage, intended as preliminary toa formal marriage settlement, to be drawn after marriage. Ath. Mar. Sett. 92.
Theform, raligioue or civil, for the solemnization of a marriage.
Tbe consideration furnished by an intended marriage of two persons. It is the highest consideravion. Known to the Jaw.
- Marriage Portiondefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
Dowry;a ura of money or other property which is given to cr settled on awoman on her mar- Tiage.
Betrothal; engagement to intermarry with another.
- Marriage Settlementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A written agreement in the nature of a conveyance, called a “settlement,” which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties
A woman who has a husband living and not divorced; a Jeme covert.
- Marshaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Abbott (1879)Burrill (1850)
A high court, formerly held in England by the steward and marshal of the king’s household, having jurisdiction of all actions against the king’s peace within the bounds of the hous
Inold Englishlaw. The title borne by several oflicers of state and of the law, of whom the most important were the following: (1) The earl-marshal, who presided in the court of chi
In equity. The arranging or ranking of assets in the dua order of administration. Such an arrangement of the different funds under administration as shall enable all the parties ha
The ranking or ordering of several estates or parcels of land, for the satisfaction of a judgment or mortgage to which they are all liable, though successively conveyed away by the
An equitable practice, which consists in so ranking or arranging classes of creditors, with respect to the assets of the common debtor, as to provide for satisfaction of the greate
- Marshalseadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Abbott (1879)Bouvier (1839)
COURT OF. The court of the Marshalsea had jurisdiction in actions of debt or torts, the cause of which arose within the verge of the royal court. It was abolished by St. 12 & 18 Vi
In English law. A prison belonging to the King’s bench. It has now been consolidated with others, under the name of the “Queen’s Prison.”
A place of public traflic or sale,
Lat. To run by its own force. A term applied in the civil law to a suif when it ran its course to the end without any impediment. Calvin.
- Martial Lawdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A system of law, obtaining only in time of actual war and srowing out of the exigencies thereof, arbitrary in its character, and depending only on the district of hostile territory
The feast of St. Martin of Tours, on the llth of November; some. times corrupted into “Martiluaas” or “Martlemas.” It is the third of the four cross quarter-days of the year. Whart
In old Scotch law. <A maire: an officer or executor of summons. Otherwise called “preco regis.” Skene.
A messuage.
Of the male sex,