The Cyclopedic Law Dictionary

In English law. An officer attending the court of session.

In Roman law. A decree of the Roman senate, which derived its name from that of a certain usurer, who was the cause of its being made, in consequence of his exactions. It was inten

or MACEGREF. In old English law. One who bought stolen meats, knowing it to be stolen. Spelman.

Secure against arrest.

The act by which some plot or conspiracy is contrived or set on foot; an artful design.

In patent law. In its broadest signification, this term is applied to any contrivance which is used to regulate or modify the relations between force, motion, and weight. "The term

This term is said to be more comprehensive than "machine," including the appurtenances necessary to its working. Ill Mass. 540.

A murderer.

Words used as a return to a scire facias when it has been served on the defendant. MAEC BURGH (Saxon). Family.

or MAEGBOT. In Saxon law. A recompense or satisfaction for the slaying or murder of a kinsman. Spelman. MAEREMIUM (Law Lat. from Law Fr. marisme, timber). In old English law. Timbe

In old English law. Master in chancery.

In Roman law. Master of the horse.

Pertaining to a magistrate.

In Roman law. Master of requests. MAGISTER NAVIS (Lat.) In civil law. Master of a ship; he to whom the whole care of a ship is given up, whether appointed by the ovsmer, or charter

Use is the master of things. Co. Litt. 229b. Usage is a principal guide in practice. MAGISTER RERUM USUS; MAGISTRA rerum experlentia. Use is the master of things; experience is the

In its most enlarged signification, this term includes all officers, legislative, executive, and judicial. For example, in most of the state constitutions will be found this provis

A public civil officer, invested with some part of the legislative, executive or judicial power given by the constitution. 32 Ark. 127. The president of the United States is the ch

The court of a magistrate (g. v.) In South Carolina. A court having exclusive jurisdiction in matters of contract of and under twenty dollars.

In civil law. A magistrate. Calv. Lex.

The grand assize.

See "De Magna, etc."

Great beasts (oxen, etc.)

The great hundred, or six score. Wharton.

Great neglect is equivalent to fraud. Dig. 50. 16. 226; 2 Spears (S. C.) 256; 1 Bouv. Inst, note 646. MAGNA NEGLIGENTIA CULPA EST; magna culpa dolus est. Gross negligence is a faul

In old English law. Grand serjeanty. Fleta, lib. 2, c. 4, § 1.

Grand cape (g. v.)

In old English law. The great council; the general council of the realm; afterwards called "parliament." 1 Bl. Comm. 148; 1 Reeve, Hist. Eng. Law, 62; Spelman. The king's great cou

The great statute roll. The first of the English statute rolls, beginning with Magna Charta, and ending with Edward III. Hale, Hist. Com. Law, 16, 17.

Maugre. L. Fr. Against the will; in spite of; notwithstanding. Kelham. MAHEMIUM EST HOMICIDIUM INCHOatum. Mayhem is incipient homicide. 3 Inst. 118.

Germ. In maritime law. A contract for the building of a vessel, specifying the denomination and size of the vessel, the time when she is to be completed, and the time and manner of

In English practice. An assize at which no capital conviction takes place. In such a case, the sheriff of the county presents the judges with white gloves. Wharton's Lex,

In old English law. A fine paid to lords of some manors, on the marriage of tenants, originally given in consideration of the lord's relinquishing his customary right of lying the

See "Mayhem;" "Malm."

Maimed.

or MAIHEM. Mayhem (g. V.) MAIHEMIUM EST INTER CRIMINA MAjora minimum, et inter minora maximum. Mayhem is the least of great crimes, and the greatest of small. Co. Litt. 127. MAIHEM

In old English law. A small piece of money; a rent or tribute.

In criminal law. To deprive a person of such part of his body as to render him less able in fighting or defending himself than he would have otherwise been. See "Mayhem."

Perjury. Cowell.

A small tribute, commonly of loaves of bread, which in some places the parishioners paid to the rector in lieu of small tithes. Cowell.

In criminal law. The thing stolen found in the hands of the thief who has stolen it. Hence, when a man is found with property which he has stolen, he is said to be taken with the m

or MAINOEUVRE. A trespass committed by hand. See 7 Rich. II. c. 4.

Capable of being bailed; one for whom bail may be taken; bailable.

In English law. Those persons to whom a man is delivered out of custody or prison, on their becoming bound for his appearance. Mainpernors differ from bail. A man's bail may impris

In English law. The taking a man into friendly custody, who might otherwise be committed to prison, upon security given for his appearance at a time and place assigned. Wood. Inst.

Forsworn, by making false oath with hand (main) on book. Used

In pleading. A technical word indispensable in an indictment for maintenance. 1 Wils. 325.

In criminal law. Those who maintain or support a cause depending between others, not being retained as counsel or attorney. For this they may be fined and imprisoned. 2 Swift, Dig.

Aid, support, assistance; the support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his ch

In Old English Law. A mayor; an officer classed with justices and sheriffs. In Old Scotch Law. An officer to whom process was directed. Otherwise called "mair of fie" (fee), and cl

An old form of master.

In Roman law. The magesty or prerogative of the sovereign or state.

A term used of kings and emperors as a title of honor. It sometimes means power; as when we say, the majesty of the people. See Wolff. Inst. § 998.

One who has attained his full age, ' and has acquired all his civil rights; one who is no longer a minor; an adult. In Military Law. The officer next in rank above a captain.

The greater year; the bissextile year, consisting of 366 days. Bracton, fol. 359b.

See "Regalia." MAJORE POENA AFFECTUS QUAM legibus statuta est, non est infamis. One affected with a greater punishment than is provided by law is not infamous. 4 Inst. 66.

The greater includes the less. 19 Viner, Abr. 379.

In Roman Law and Genealogical Tables. The male ascendants beyond the sixth degree. In Old English Law. Greater persons; persons of higher condition or estate.

In military law. An of Hcer next in rank above a brigadier general. He commands a division consisting of several brigades, or even an army. MAJOR HAEREDITAS VENIT UNICUIque nostrum

The lesser is included in the greater sum. 2 Kent, Comm. 618; Story, Ag. § 172.

The state or condition of a person who has arrived at full age. He is then said to be a "major," in opposition to The greater number; more than all the opponents; more than half of

In old practice. Greater right, or more right. A plea in the old real actions. 1 Reeve, Hist. Eng. Law, 476. Mor jus jus merum, more mere right. Bracton, fol. 31.

To perform or execute; as, to make his law is to perform that which a man had bound himself to do; that is, to clear himself of an action commenced against him, by his oath and the

A term applied to one who makes a promissory note, and promises to pay it when due. He who makes a bill of exchange is called the "drawer;" and frequently in common parlance and in

A phrase used to denote the act of a person who wages his law. Bac. Abr, "Wager of Law." MALA (Lat.) Bad. MALA FIDES (Lat.) Bad faith. It is opposed to bona fides, good faith. MALA

That which is wrong in itself, without regard to statutory prohibitfcn, because of its palpable and proximate injury to the public peace, order, or morals. A distinction was former

In old English law. A thief.

Malpractice {q. v.)

That which is wrong only because it is prohibited by statute. 1 Bl. Comm. 57. See "Mala in Se."

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.

Of the masculine sex; of the sex that begets young; the sex opposed to the female.

In old English law. Unfavorably thought of; in bad repute or credit. Bracton, fols. 116, 154.

(L. Fr.) Bad character. Stat. Westm. 1, c. 12. MALEDICTA EXPOSITIO QUAE CORrumpit textum. It is a cursed construction which corrupts the text. 2 Coke, 24; 4 Coke, 35; 11 Coke, 34;

or MALISON. A curse. Bailey.

The unjust performance of some act which the party had no right, or which he had contracted not, to do. 33 Com. 115. It differs from misfeasance and nonfeasance (q. v.) See 1 Chit.

In Spanish law. Offense. White, New Eecop. bk. 2, tit. 19, c. 1, § 1.

In Crimes. In its broadest legal sense, the term is substantially synonymous with "criminal intent," and means the state of mind of a person, irrespective of his motive, whenever h

Wicked purpose. These words in the description of murder do not imply deliberation, or the lapse of considerable time between the malicious intent to take and the actual execution

Malice aforethought {q. V.)

Done with malice (g. v.)

A wanton arrest made without probable cause by a regular process and proceeding. See "Malicious Prosecution."

The wanton or reckless destruction of property. The word "malicious" is not sufficiently defined as the willfully doing of any act prohibited by law, and for which the defendant ha

A judicial proceeding instituted without probable cause (97 U. S. 642; 59 Ind. 500), and with malicious intent (7 111. App. 181; 30 N. Y. 625). While malice may be inferred by the

Malice aforethought. 4 Bl. Gomm. 198.

Malice supplies age. Dyer, 104; 1 Bl. Comm. 464; 4 Bl. Comm. 22, 23, 312; Broom, Leg. Max. (3d London Ed.) 284. See "Malice." MALITIIS HOMINUM EST OBVIANdum. The wicked or maliciou

In old European law. A court of the higher kind (placitum majus), in which the more important business of the county was dispatched by the count or earl (comei). Spelman. A public

In an evil sense.

Bad or unskillful practice in a physician or other professional person, whereby the health of the patient is injured. Physicians and surgeons impliedly contract that they are reaso

Synonymous with bad treatment. 2 Allen (Mass.) 143.

or MALT SCOT. In English law. An excise duty on malt.

An act wrong In itself. The plural form is mala in se (q. v.)

sed deficientem causam. Evil has not an efficient, but a deficient, cause. 3 Inst. Proeme.

Evil is not presumed. 4 Coke, 72; Branch, Princ.

A thing wrong only because prohibited by law. The plural form is mala prohibita (q. v.)

The more common the evil, the worse. Branch, Princ. MALUM VENIENDl (Pr. mal de venue.) Misfortune or sickness, or accident happening to a party on his way to court. Bract, fol. 339

An evil custom is to be abolished. Co. Litt. 141; Broom, Leg. Max. (3d London Ed.) 827; Litt. § 212; 5 Q. B. 701; 12 Q. B. 845; 2 Myline & K. 449.

Ill will. In some ancient records, this word signifies malicious practices, or crimes and misdemeanors.

Such as used to pack juries, by the nomination of either party in a cause, or other practice. Art. Sup. Chart, c. x. Cowell.

In French law. This word is applied to all punishable faults committed in the exercise of an office, such as corruptions, exactions, extortions, and larceny. Merlin, Repert.

A human being; a person of the male sex; a male of the human species above the age of puberty, as distinguished from a woman or a boy. 106 Wis. 346. In its most extended sen Se, th