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Maitxjfactuiie

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

4 Making an article by hand; making an article, either by hand or by machinery, into a new form, capable of being used, in ordinary life. In some instances, may refer to the process performed upon what is found in a natural state, in others, to a subsequent process.^ To manufacture is to change and modify natural substances so that they become articles of value and use. The publisher of a newspaper is not a "manufacturer."^ The meaning has expanded as workmanship and art have advanced; so that now nearly all artificial products of human industry, nearly all such materials as have acquired changed conditions as new and specific combinations, whether from the direct action of the human hand, from chemical processes devised and directed by human skill, or by the use of machinery, are now commonly designated as "manufactured." Making flour from wheat is " manufacturing." ^ ' Commonwealth v. Webster, 5 Cush.Jp4, 307 (1650)i Shaw, C. J.; United States v. Outerbridge, 5 Saw. 622 (1868), Field, J. 2 Commonwealth v. Pierce, 138 Mass. 174 (1884), cases, Holmes, J. The defendant, who publicly practiced asa physician, caused a patient to be kept in flannels, saturated with kerosene, for three days, from which treatment she died. Same case, 24 Am. Law Reg. 117, 124r-20, cases. As to deaths from accidents, see 21 Cent. Law J. 267-69 (1885), cases. 8 Act 13 March, 1875: 1 Sup. R. S. 177. See 1 Whart. Cr. L. §307; 2 Bish. Cr. L. Ch. XXSIl; 4 Crim. Law Mag. 669, 679. * L. manu, by the hand; facere, to make. ^ [Lawrence v. Allen, 7 How. 794, 793 (1849), Woodbury, J. See also Schrieffer v. Wood, 5 Blatch 216 (1864). » Re Capital Publishing Co., 3 Mac Ar. 412 (1879), Mac- The application of labor to an article, either by hand or by mechanism, does not make the article necessarily a "manufactured" article, within the meaning of that term as used in the tariff laws. Thus, scouring wool does not make the resulting wool a manufacture of wool; nor does cleaning and ginning cotton make the resulting cotton a manufacture of cotton; nor (case in issue) are shells cleaned by acid, and then ground on an emery wheel, and some afterward etched by acid, and all intended to be sold for ornaments, as shells.' Pressed and baled hay is not a "manufactured article."'' Cutting and storing ice is not "manufacturing: " the material is in no way changed or adapted to a new or different use.^ Nor is mining coal "manufacturing." * Animal charcoal or bone-black, and bone-dust, are " manufactures of bone." ^ "Manufactures of metals" mean manufactured articles in which metals form a component part; not articles in which metals have lost their form entirely, and become the chemical ingredients of new forms, as, white lead, nitrate of lead, oxide of zinc." " Domestic manufactures," in a State statute, refer to manufactures within its jurisdiction.*' Manufacturer. One '"engaged in the business of making raw materials into wares suitable for use.'" The builder or repairer of vessels is not, then, a manufacturer. ^ Not, necessarily, one who produces a new article out of materials entirely raw. He is, who gives new shapes, new qualities, new combinations to matter which has already gone through some artificial process.'' A cooper who makes barrels from staves was held not to be a manufacturer within an exemption iaw.^ An ice-creaoa confectioner is not a manufacturer; "> nor is the publisher of a newspaper, as seen above." A pei'son who slaughters hogs, adding to their value by certain processes and by combination with other materials, whereby they are conveited into bacon. Ritchie, J. See also Holden v. Clancy, 58 Barb. 597 (18711. I ' Hartranft v. Wiegmann, 1-Jl U. S. 609, 615 (1887), cases, Blatchford, J. 2 Frazee v. Moffitt, 20 Blatch. 208 (1882). = Hittinger v. Westford, 133 Mass. 263 (1883). Contra, Attorney-General v. Belle Island Ice Co., 63 Mich. -(18S6). ' Byers v. Franklin Coal Co., 106 Mass 13] (1870). » Schrieffer v. Wood, 6 Blatch. 216 (1884). See also 100 Mass. 183; 9 N. J. E. 289; 4 Lans. 511. •Meyer v. Arthur, 91 V. S. 570 (1875). ' Commonwealth v. Giltinan. 04 Pa. 103 (1870). ^People y. N. Y. Floating Dry-Dock Co., 63 How. Pr. 453 (1882): Webster's Diet.; s. u., 92 N. Y. 489 (1883). 'New Orleans u. Le Blanc, 34 La. An. 597 (1882), Bermudez, C. J. lard, and cured meats, with a view of making gain or profit, is taxable as a manufacturer.' See Art; Design, 8; Mechanic; Phocess, 2; Tkade-