The Cyclopedic Law Dictionary

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 (

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

An- unpublished writing, or one that has been published without the consent of the person entitled to control it.

A dead hand; mortmain. Spelman.

In old English law. Maintenance.

In old English law. The price or value of a man's life or head. Cowell.

One who, while employed in the army as a soldier, commits a larceny or robbery in the neighborhood of the camp, or while wandering away from the army. Merlin, Eepert. See Halleck,

The name of a coin. The marc-banco of Hamburg, as money of account, at the custom house, is deemed and taken to be of the value of thirty-five cents. Act March 3, 1843.

In Scotch law. A boundary line. Bell, Diet.; Ersk. Inst. 2. 6. 4.

In old English law. Nobles who lived on the Marches, and had their own laws, and power over life and death, as if they were petty princes. Camden; Jacob. Abolished by St. 27 Hen. V

In Old Scotch Law. A custom for the lord of a fee to lie the first night with the bride of his tenant. Abolished by Malcolm

A dignity in a woman corresponding to that of marquis in a man, and obtained either by creation or by marriage with a marquis. Wharton. MARESCALLUS (from German, march, horse, and

See "Gambling Contract."

By a marginal purchase of an article is usually meant a purchase where the full price is not given at the time of the execution of the order, without regard to the percentage of th

One which relates to business done or transacted upon the sea and in seaports, and over which the courts of admiralty have jurisdiction concurrent with the courts of common law. Se

A body ot officers and soldiers under an organization separate and distinct from that of the army, and intended for service, in detached portions, on board of ships of war.

A contract of indemnity by which one party, for a stipulated premium, undertakes to indemnify the other, to the extent of the amount insured, against all perils of the sea, or cert

A compensation paid for the use of money loaned on bottomry or respondentia. Provided the money be loaned and put at risk, there is no fixed limit to the rate which may be lawfully

A measure etjual to the twentieth part of a degree of latitude. Bouch. Inst, note 1845. It is generally conceded that a nation has exclusive territorial jurisdiction upon the high

One whose occupation it is to navigate vessels upon the sea. Surgeons, engineers, clerks, stewards, cooks, porters, and chamber maids, on passenger steamers, when necessary for the

An obsolete writ for the tenant in frank marriage to recover lands, etc., of which he was deforced. MARITAGIUM (Lat.) A portion given with a daughter in marriage. had, under certai

To have the free disposal of an heiress in marriage.

That which belongs to marriage; as, marital rights, marital duties.

In Louisiana. The name given to that part of the deceased husband's estate to which the widow is entitled. Civ. Code La. 334, art. 55; 3 Mart. (La.; N. S.) 1.

The rights of a husband. Chiefly applied to the right of sexual intercourse.

In old English law. The emolument or revenue coming to the king from the sea, which the sheriffs anciently collected, but which was afterwards granted to the admiral. Spelman.

In old English law. Marine increases; lands gained from the sea. Hale de Jur. Mar. pt. 1, c. 4.

Pertaining to the sea. Ordinarily, the term is synonjmious with "marine."

A cause arising from a maritime contract, whether made at sea or on land. The term includes such causes as relate to the business, commerce, or navigation of the sea; as charter pa

One which relates to the business of navigation upon the sea, or to business appertaining to commerce or navigation to be transacted or done upon the sea, or in seaports, and over

A court of admiralty jurisdiction.

Marine interest (q. V.)

That system of law which particularly relates to the affairs and business of the sea, to ships, their crews and navigation, and to the marine conveyance of persons and property. Se

See "Lien."

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 be

A term used by French writers to signify any profit derived from a maritime loan.

In English law. The officers and enlisted men of the English navy.

One committed on the high seas, or otherwise within admiralty jurisdiction.

A sign, traced on paper or parchment, which stands in the place of a signature; usually made by persons who cannot write. It is most often the sign of the cross, made in a little s

A title not subject to such reasonable doubt as_ would create a just apprehension of invalidity in the mind of a reasonable, prudent and intelligent person; one that a person of re

An open or public market; that is, a place appointed by law or custom for the sale of goods and chattels at stated times in public. "An open, public, and legally constituted market

See "Market Value."

Those towns which are entitled to hold markets. 1 Steph. Comm. (7th Ed.) 130.

The price established by public sales, or sales in the way of ordinary business, 99 Mass. 345; what the property will sell for as between one who wants to purchase and one who want

or MARKET GELD. The toll of a market.

In practice and conveyancing. One who makes his mark; a person who cannot write, and only makes his mark in executing instruments. Archb. N. P. 13; 2 Chit. 92.

STATUTE OF. An important English statute (52 Hen. III. [1267]) relating to the tenures of real property, and to procedure. It derived its name from the town in Wiltshire in which p

See "Letter of Marque and Reprisal."

A nobleman next In rank to a duke.

The word marriage is used to signify either the act of entering into the marital condition, or the condition itself. In the latter and more frequent legal sense, it is a civil stat

PROMISE OF. A promise of marriage is a contract entered into between a man and woman that they will marry each other.

Articles of agreement between parties contemplating marria'ge, in accordance with which the marriage settlement is afterwards to be drawn up. They are to be binding in case of marr

The act by which a person interferes, for a consideration to be received by him, between a nian and a woman, for the purpose of promoting a marriage between them. 88 111. App. 509.

A license required in some states to be obtained from a public officer by persons intending to marry.

That property which is given to a woman on her marriage. See "Dowry."

An agreement made by the parties in contemplation of marriage, by which the title to certain property is changed, and the property to some extent becomes inalienable. 1 Rice, Eq. (

An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties within the district for which he is appointed are very simil

Arranging; putting in proper order; e. g., "the law will marshal words, ut res magis valeat." Hill, B., Hardr. 92. So to marshal assets. See "Assets." So to marshal coat armor. Thi

Such an arment of creditors into classes with respect intervening interests of particular persons to prior satisfaction out of a part of the funds. 1 Story, Eq. 558. The doctrine d

An arrangement of creditors into classes with respect to their satisfaction out of the assets of the common debtor in such manner as to compel the creditor having a right of resort

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,

COURT OF. A court originally held before the steward and marshal of the royal household. It was instituted to administer justice between the servants of the king's household, that

That military rule and authority which exists in time of war, and is conferred by the laws of war, in relation to persons and things under and within the scope of active military o

Belonging to, or descriptive of the male sex. The masculine frequently includes the feminine; as "man" includes "woman." The masculine sex always includes the feminine. Dig. 32. 62

In the civil law. A mass; raw material.

A trust created for the operation and conduct of a business enterprise; also known as common law companies, and business trusts.

To fatten with mast (acorns, etc.) 1 Leon. 186,

One who has control over an apprentice. A master stands in relation to his apprentices in loco parentis, and is bound to fulfill that relation, which the law generally enforces. He

In maritime law. The commander or first officer of a merchant ship; a captain.

In English law. The queen's coroner and attorney in the criminal department of the court of queen's bench, who prosecutes at the relation of some private person, or common informer

(Law Lat. magister rotulorum). In English law. An assistant judge of the court of chancery, who holds a separate court ranking next to that of the lord chancellor, and has the keep

In old English law. The practice of selling the goods of dead seamen at the mast. Held void, 7 Mod. 141.

(L. Lat.) In old English law. A house and ground; a piece of ground belonging to a house; a house in a city. Spelman. An old decayed house or wall; the ruins of a building. Cowell.

In maritime law. The officer next in rank to the master on board a merchant ship or vessel. In such vessels there is always one mate, and sometimes a second, third, and fourth mate

In civil law. The mother of a family; the mistress of a family- A chaste woman, married or single. Calv. Lex, MATERIA (Lat.) In the Civil Law. Materials; as distinguished from spec

(1) That which enters into the erection or repair of any structure. It does not include tools or facilities used. 71 Pa. St. 293, (2) That which is essential or important,

Material facts are those which relate to the merits of the cause of action or defense — facts which are within the issues to be tried and which may be made available on the trial a

The property of substantial importance or influence, especially as distinguished from formal requirement. Capability of properly influencing the result of the trial.

Persons who furnish materials to be used in the erection of buildings, ships, etc. By the general American law, materialmen have a lien on a foreign ship (9 Wheat. [U. S.] 409), bu

That which belongs to, or comes from, the mother; as, maternal authority, maternal relation, maternal estate, maternal line. See "Line."

The words maternal ancestor are manifestly limited to progenitors, or ancestors in the direct ascending line, according to their common meaning and the only sense in which the word

That which comes from the mother of the party, and other ascendants of the maternal stock. Domat, Liv. Prel. tit. 3, § 2, note 12.

The state or condition of a mother. It is either legitimate or natural. The former is the condition of the mother who has given birth to legitimate children; while the latter is th

That evidence which is established by a demonstration. It is used in contradistinction to "moral evidence."

A godmother. ' MATRICIDE. The murder of a mother; or one who has slain his mother.

In civil law. A register in which are inscribed the names of persons who become members of an association or society. Dig. 50. 3. 1. In the ancient church there were matricula cler

Marriages ought to be free. Halk. Max. 86; 2 Kent, Comm. 102.

In the English ecclesiastical courts there are five kinds of causes which are classed under this head, viz.: Causes for a malicious jactitation; suits for nullity of marriage, on a

In civil law. A legal marriage. A marriage celebrated in conformity with the rules of the civil law was called justum matrimonium; the husband vir, the wife uxor. It was exclusivel

The nuptial state.

In civil law. The protocol or first draft of a legal instrument, from which all copies must be taken. See 16 S. W. 53.

A woman who is a mother. See "Jury Women." MATTER EN LEY NE SERRA MISE EN bouche del jurors. Matter of laws shall not be put into the mouth of jurors. Jenk. Cent. Cas. 180.

The subject of litigation; the amount demanded and for which the suit is brought and upon which issue is joined, and in relation to which jurors are called and witnesses examined.

Such matter as may be proved or established by a deed or specialty. Matter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. PI. 197.

See Matter In Controversy.

That matter upon which the plaintiff bases his action and which the defendant denies or controverts by his pleadings. 132 111. 339; 165 Mich. 380: See Issue; Matter in Controversy.

Matter of aggravation, correctly understood, does not consist in acts of the same kind and description as those constituting the gist of the action, but in something done by the de

Matter of avoidance in pleading is new matter which ant was never liable to the recovery claimed against him or that he has been discharged from his original liability, by somethin

In pleading. Matter the existence or truth of which is determined by the senses, or by reasoning based upon their evidence. The decision of such matters is referred to the jury. Ho

See "Form."