Matter

any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture film, or other pictorial representation, or any statute, figure, device, theatrical production or live performance, or any recording, transcription, or mechanical, chemical or electrical reproduction, or any other article, equipment, machine or material that is obscene as defined by §§ 39-3010 39-3022.

As used In law, a fact or facts constituting the whole or a part of a ground of action or defence. Nelson v. Johnson, 18 Ind. 332.

Facts; substance as distinguished from form; the merits of a case.

— Matter in controversy, or in dispute. The subject of litigation; the matter for which a suit is brought and upon which issue is joined. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 557.

— Matter in deed. 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.

— Matter in issne. That upon which the plaintiff proceeds in his action, Und which the defendant controverts by his pleadings, not including facis offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec. 675. Tbat ultimate fact or state of facts in dispute upon which the verdict or finding is predicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm. § 6l4, and cases cited.

— Matter in pais. Matter of fact that is not in writing; thus distinguished from matter in deed and matter of reconi ; matter that must be proved by parol evidence.

— Matter of eonrse. Anything done or taken in the course of routine or usual procedure, which is permissible and valid without being specially applied for and allowed.

— Matter of fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. Distinguished from matter of law.

— Matter of form. See Form.

— Matter of law. Whatever is to be ascertained or decided by the application of statutory rules or the principles and determinations or the law, as distinguished from the investigation of particular facts, is calied "matter of law."

— Matter of record. Any judicial maiter or proceeding entered on the records of a court, and to be proved by the production of such reconi. It differs from matter in deed, which consists of facis which may be proved by specialty.

— Matter of substance. That which goes to the merits. The opposite of matter of form.

— Matters of subsistence for man. This phrase comprehends ali articles or things, whether animal or vegetable, living or dead, which are used fur food, and whether they are consumed in the form in which they are bought from the producer or are only consumed after undergoing a process of preparation, which is greater or less, according to the character of the article. Sledd v. Com., 19 Grat. (Vat) 813.

That which is perceptible by the senses; a substantial thing, opposed to form; the subject of legal consideration, action or defense; the facts constituting a part or the whole of a ground of action or a defense. Matter in deed: matter contained in a writing under seal between two or more parties, which is regarded as a private act Matter in pais: matter in the country; matter not in writing. Matter of record: matter entered on record, or appearing on the records of a court, comprising all judicial acts. Matter en ley ne serra mise en bonche del jurors, I. fr. Matter in law shall not be put into the mouth of jurors.

Facts; substance as distinguished from form; the merits of a case,

1. Whatever is perceptible by the senses; any material. See Materia^ Material; Patent, 2. 2. The subject of legal action, consideration, complaint or defense. The fact or facts constituting the whole or a part of a gi-ound of action or defense.^ 3. Some substantial or essential thing; opposed to form,? q. v. Material matter. Anything essential to the understanding or determination of an issue or proceeding. Immaterial matter. Anything not of importance to an adjudication. In a pleading, an " immaterial matter " is anything stated therein which, if established on the trial, would not entitle a party to, or aid him in obtaining, the relief demanded, or in sustaining the defense pleaded.*- Matter in controversy. See Controversy. Matter in deed. See Deed, 1; Estoppel. Matter in dispute. See Dispute. Matter in issue. See Issue, 3. Matter in mitigation. See Aggravation. Matter in pais. See Pais; Deed, 1. Matter of aggravation. See Aggravation. Matter of avoidance. See Confession. Matter of course. See Course, 2. Matter of fact. See Fact. Matter of form. See Form; Concensus, To Uit, etc. Matter of law. See Law; Fact. Matter of record. See Record; Estoppel. Matter of substance. See Form. New matter. In pleading, matter not previously alleged or pleaded in avoidance.* " New matter constituting a defense " is not pleaded by averments which simply deny the allegations of the complaint, but only when they constitute a statement of facts the proof of which avoids the legal conclusion otherwise to be drawn from the statement of facts in the complaint. It is in the nature of a plea of confession and avoidance.' Special matter. Facts of a particular nature which a defendant, under a plea of ' Nelson v. Johnson, 18 Ind. 332 (1863), Perkins, J. » Douglas V. Beasley, 40 Ala. 148 (1866). s Johns V. Pattee, 65 Iowa, 667 (1881), Seevers, J. * See 3 Bl. Com. 309, 313. the general issue, may give in evidence in his defense. The character of the matter is indicated in a notice served upon the plaintiff. Sutajeet-matter. See Subject, 2 (1). MATURE; MATURITY.^ 1. In a will, may import maturity of mind and character, the combined result of age and education. 2 3. Applied to bonds or similar instruments, and to negotiable instruments generally, refer to the time fixed for payment, — the termination" of the period they have to run.^ Opposed to immature, immaturity. See Dub; Negotiate, 3. " At maturity " includes the whole day, unless expressly limited to a certain hour.* When a promissory note payable on a certain day bears interest "after maturity," interest should be computed from the day fixed for payment, not from the last day of grace.*

Occurs in some technical phrases. Matter in controversy, or in dispute. Statutes conferring jurisdiction frequently limit it to causes in which the matter in controversy, or matter in dispute, exceeds a certain sum. The right of appeal is often limited in like manner. In general, the matter in controversy, or in dispute, in an original suit, is that which is demanded by the plaintiff, irrespective of admissions or denials in the answer; and under many statutes allowing appeal the same principle is applied. The claim put forward by the plaintifi at the outset is deemed the matter in dispute; and, if this is for a sum which gives jurisdiction, the courts may act throughout the suit, notwithstanding some portion is admitted or adjudicated upon, so that, in later stages of the cause, a less sum is all that is practically in controversy. But this rule is not invariable: the intent and construction of the particular statute must govern. By " matter in dispute," in a statute predicating appellate jurisdiction on the value of the matter in dispute, is meant the subject of litigation, — the matter for which the suit is brought, and on which issue is joined, and in relation to which juiors are called and witnesses examined. In an action on a money demand, where the general issue is pleaded, the matter in dispute is the debt claimed; and Its amount, as stated in the body of the declaration, and not merely the damages alleged, or the prayer for judgment at its conclusion, must be considered in determining the question whether the damages alleged or theprayer f or judgment., Lee V Watson, 1 Watt. 337. It is not the verdict or judgment which ascertains the value of the matter in dispute between the parties. To determine this, recurrence must he had to the original controversy, — to the matter in dispute ■when the action was instituted. The thing demanded, and not the thing found, constitutes the matter in dispute between the parties. Wilson V. Daniel, 3 Ball. 401. The amount due at the institution of the suit constitutes the matter in dispute. Hence an appeal will not lie on an interests bearing claim which was not sufficient in amount to give jurisdiction at the time the suit was instituted, although the interest which accrued after suit instituted, and before appeal taken, increased the amount of the claim so as to bring it within the jurisdictional limitation. Mason v. Oglesby, 2 La. Ann. 793; Frellsen v. Copley, Id. 911; Owen V. Boyd, 7 Id. 109; Cornell v. Geddes, 10 Id. 170; Klein v. Wild, 12 Id. 87. An act which gives an appeal or error, where the matter in dispute shall exceed a value specified, does not give a review in a criminal case. The words " the matter in dispute " seem appropriate to civil causes, where the subject in contest is of a value beyond the sum mentioned in the act. In criminal cases, the question is the guilt or Innocence of the accused; and, although he may be fined upwards of flOO, yet that is, in the eye of the law, a punishment for the offence, and not the particular object of the suit. United States v. More, 3 Crunch, 159. Matter in deed. That which may most properly be established by means of a sealed instrument; also, sometimes, matter of fact, in distinction to matter of law. Matter in deed is some private matter or thing contained in a deed between two or more parties; as the covenants or recitals in a lease, or in a mortgage deed, for instance; and these, although enrolled, — that is, transcribed upon the records of one of the queen's courts at Westminster, or at a court of quarter sessions, as they often are, for safe custody, — do not thereby become matter of record, but are simple deeds re- Corded or enrolled; for there is a material dif Eerence between a matter of record and matter recorded for the purpose of being kept in memory: a record being an entry on parchment of judicial matters or proceedings which have taken place in a court of record, and of which the court takes judicial notice, as matter coming peculiarly under its own cognizance; whereas the enrolment of a deed is a private act of the parties concerned, of which the court takes no cognizance at the time when it is done. Broitm. timony of witnesses to what they have perceived. Matter of form. An important distinction, in determining the sui Bciency of pleadings and proceedings, is taken between matters of form and matters of substance. No definite general rule can be given for discriminating between these. The general principle is that whatever pertains to the purpose of the instrument, to the objects to be accomplished by it, or to any right involved or afiected, is matter of substance; while what relates merely to the language or expression, without aflfecting the issue presented, the evidence requisite, the rights of either party, or the steps necessary to be taken in furtherance of the proceedings, is matter of form. The importance of this distinction relates chiefly to the effect attributable to errors and defects, which, in matters of form, may be amended or disregarded much more readily than when in the substance. How the distinction will be applied varies in different jurisdictions and proceedings. Many things deemed matter of substance in criminal proceedings, where liberty or life is at stake, are closely analogous to things deemed matter of form only in civil causes. In actions under the reformed codes of procedure, and in suits in admiralty and equity, the rule is more liberal than under common-law rules, except as they have been modified by modem legislation. Matter of law. Whatever is to be ascertained by reasoning from the principles of jurisprudence, or from the enactments of the legislature and adjudications of the courts. Matter in pais. This expression usually signifies that which, being matter of fact, is not evidenced by writing, but must be established by oral testimony to what has been said or done by the person involved. Matter in pais simply means matter of fact, — probably so called because matters of fact are triable by the country, i.e. by a jury. An example of an estoppel by matter in pais occurs when one man has accepted rent of another. In such case, he will be estopped from afterwards denying, in any action with such person, that the latter was at the time of such acceptance his tenant. Brown. Matter of record. That which has been embodied in, and may properly be established by, the official documents authenticating judicial acts or proceedings. Matter of record signifies some judicial matter or proceeding entered upon one of pleadings in an action in the superior courts, and in the courts of record, being n^atter which is entered upon the records of the court, and filed with its officer as an authentic history of the suit, are thence termed a matter of record. Brown. Matters of subsistence for man. This phrase comprehends all articles 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 bought from the producer, or are only consumed after undergoing a process of preparation, which is greater or less, according to the character of the article. Sledd v. Commonwealth, 19 GrcM. 813. Matter of substance. The antithesis of matter of form, q. v.