A Dictionary of Law

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.)

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-

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.

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.

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.

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.

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.

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.”

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.

Of the masculine sex; of the sex that begets young.

In old English law. Unfavorably thought of; in bad repute or credit. Bract. fols. 116, 154. Maledicta est expositio qux corrumplttextum. That is a cursed interpretation which corru

A curse, which was anciently annexed to donations of lands made to churches or religious houses, against those who should violate their rights. Cowell.

Acrime; an offense,

He who is guilty, or has been convicted, of some crime or offense, Maleficia non debent remanere impunita; et impunitas continuum aflectum tribuit delinquenti. 4 Coke, 45. Evil dee

In the civil law. Waste; tort; 5, 18, 1.

or MALSWORNK. Forsworn. Cowell.

The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contiact not todo. It differs from “misfeasance” and “non-feasance,”

In Spanish law. Offense. White, New Recop. b. 2, tit. 19, ¢. 1, § 1.

Fr. Against the will; without theconsent. IZLence the single werd “malgre,” and more modern ‘“maugre,” (q- 0)

In criminal law. In its legal pense, this word does not simply meun ill will against a person, but signifies a wrongful act done intentionally, without just cause orexcuse. 4 Barn.

Malice aforethought; deliberate, predetermined malice. 2 Rolle, 461.

Evincing majice; done with malice and an evil design; willful.

In criminal law. The desertion of a wife or busband without just cause.

An injury committed against a person at the prompting of malice or hatred towards him, or done spitefully or wantonly.

A term applied to the willful destruction of personal property, from actual ill will or resentment towards its owner or possessor. 3 Dev. & B. 130. Malicious mischief or damage is

To malign or alander; also to maim.

Lat. Actual evil design; express malice, Malitia est acida; est mali animi affectus. Malice is sour; it is the quality of a bad mind. 2 Bulst. 49. Malitia supplet etatem. Malice su

In old European law. A court of the higher kind in which the more important business of the county was dispatched by the count or earl, Spelman. A public national assembly.

Lat. With an evil mind; with a bad purpose or wrongful intention; with malice,

Inspite; unwillingly.

Inan evil sense or meaning; with an evil signification.

See Mata PRAXIS.

A quernormalt-mill. MALT-SHOT or MALT-SCOT. A certain payment for making malt, Somner.

Fr. Inold French law. A term said to havearisen from the usurious gains of the Jews and Lombards in their management of the public revenue. Steph. Lect. 372.

In reference to the treatment of his patient by a surgeon, this term signifies improper or unskillful treatment; it may result either from ignorance, neglect, or willfulness; but t

An excise duty upon malt in Engiand. 1 Bl. Comm, 813; 2 Steph. Comin. 581.

Lat. In Romanlaw. A mast; the mast of a ship. Dig. 50, 17, 242, pr. Held to be part of the ship. Id.

A wrong initself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag. § 346. An act is sald t

A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commission is expressly forbidden by positive law;

In old English law. Ill will; crimes and misdemeanors; malicious practices. Cowell.

A warlike engine to batter and beat down walls.

Such as used to pack juries, by the nomination of either party in @ cause, or other practice. Cowell.

In French law. This word is applied to all grave and punishable faulls committed in the exercise of a charge or commission, (office,) such as cor. ruption, exaction, concussion, la

A buman being. A person of the male sex. A male of the human species above the age of puberty. In feudal law. A vassal; a tenant or feudatory. The Anglo-Saxon relation of lord and

This phrase comprehends all articlea or things, whether animal or vegetable, living or dead, which are used for food, and whether they are consumed in the form in which they are bo

To coandnet; to carry on; to direct the concerns of a business or establishment. Generally applied to affairs that are

A person chosen or appointed to manage, direct, or administer the affairs of another person or of a corporation or company.

Members of the houses of parliament appointed to represent each house at a conference between the two houses. It is an an- ¢ienf rule that the number of commons named ior a confere

A person who is invested with general power, involving, the exercise of julement and discretion, as distinguished from an ordinary agent or employe, who acts in an inferior capacit

The managing owner of a ship is one of severa! co-owners, to whom the others, or those of them whe join in the adventure, have delegated the management of the ship. He has authorit

A munsion-house or dwelling-place. Cowell.

Men of a mean condition, or of the lowest degree.

In Saxon law. A compensation or recormpense for homicide, particularly due to the lord for killing his man or yassal, the amount of which was regulated by that of the were.

In Reman law. <A purehaser; one who took the article sold in his hand; a formality observed in certain sales. Calvin. A farmer of the public taxes.

Abribe; a present from the donor’s own hand.

In Romanlaw. Tosell, glienate, or make over to another; to sell with certain formalities; toselia person; one

To enslave; to bind; to tie.

In Roman law. A certain ceremony or formal process anciently required to be performed, to perfect the sale or conveyance of res mancipi, (jand, houses, slaves, horses, or cattle.)

In Roman law. Certain elusses of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance calied “mancipatio,” {q, 0.) These incl

In Spanishlaw. An another, and makes himself liable to pay or fulfill it. Schm. Civil Law, 120,

In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person commits to the gratuitous charge of another his affairs, and the latter ac

Lat. We command, This is the name of a wril (formerly a high prerogative writ) which issues from a court of superior jurisdiction, and ig directed to a private or municipal corpora

In the civil law. The employing party in a contract of mandate. One who gives a thing in charge to another; one who requires, requests, or employs another todo some act for him. In

In Frenchand Scotch law. The employing party in the contract of mandatum, or mandate. Story, Bailm, § 138. tensam, Lawful commands receive a strict interpretation, but unlawful com

Fr. In French law. A person employed by another to do some act for him; a mandatary. Mandatarius terminos sibi positos transgredi non potest. A mandatary cannot exceed the limits a

He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus.

In practice. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to entorce a judgment, sentence, or decree, Jones, Bailm. 52.;

In Spanishlaw. The contract of mandate. Escriche.

PANES DE. Loaves of bread given to the poor upon Maundy Thursday.

The person employing another to perform a mandate,

In equity practice. An order compelling a defendant to restore things to the condition in which they were at the time when the plaintiff's complaint was made. 383 Law J Eq. {N. S.)

In the civil law. The contract of mandate, (¢. v.}

(I have commanded or made my mandate to the bailiff.) In English practice. The return made by a sheriff, where the bailiff of a liberty has the execution of a writ, that he has com

Tenants. Obsolete. Cowell.

In Spanishlaw. Manner or mode. las Partidas, pt. 4, tit. 4, 1. 2.

In old English law. A manor. et stabilis. Co. Litt. 58. A manor is so called from manendo, according to its excellence, a seat, great, fixed, and firm.