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hammer was lifted, the pile driver and the The term "machine" includes every me- engine being connected only by a rope by chanical device, or combination of mechani- which the power was transmitted to the hamcal powers and devices, to perform some mer, plaintiff and the engineer were not function and produce a certain effect or re- working on the same machine within such sult. A steel hammer of 1,500 pounds, rest- section. Korander v. Penn Bridge Co., 116 ing in the center of the floor, within four Pac. 384, 385, 16 Cal. App. 249. large upright posts, with attachments to a

Process distinguished power for the purpose of hauling it to the

"A ‘machine' is a thing. A 'process' is top of the frame and letting it drop, is a machine, within the meaning of Burns' Ann. an act, or a mode of acting. The one is St. 1901, $ 7087, relating to the duty of an

visible to the eye, an object of perpetual

observation. employer, and requiring that all vats, pans, the mind, seen only by its effects when be

The other is a conception of saws, and machinery of every description

Either may be shall be properly guarded. Green v. Ameri

ing executed or performed. can Car & Foundry Co., 71 N. E. 268, 270,

the means of producing a useful result.” 163 Ind. 135 (citing Corning v. Burden, 56 Expanded Metal Co. v. Bradford, 29 Sup. Ct.

652, 657, 214 U. S. 366, 53 L. Ed. 1034; EastU. S. (15 How.) 252, 14 L. Ed. 683).

ern Extracting Co. v. Greater New York ExA "drop," a device consisting of a fixed tracting Co., 110 N. Y. Supp. 738, 739, 126 derrick which raises a large steel ball to a App. Div. 928 (quoting Cochrane v. Deener, considerable height and allow it to fall upon 94 U. S. 780, 24 L. Ed. 139; Tilghman v. scrap iron, etc., for the purpose of breaking Proctor, 102 U. S. 707, 26 L. Ed. 279); Kirchit, is a “machine.” Inland Steel Co. v. Kach-berger v. American Acetylene Burner Co., winski, 151 Fed. 219, 221, 80 C. C. A. 571. 124 Fed. 764, 775. Emery belt

The term “machine" includes every meAn emery belt, used in a factory to pol-chanical device or combination of mechaniish metal, is a "machine,” within Burns' cal powers and devices to perform some Ann. St. 1901, $ 70871, requiring machinery function and produce a certain effect or reof every description in factories to be prop

ult. But where the result or effect is proerly guarded. La Porte Carriage Co. v. Sul- duced by chemical action, by the operation or lender (Ind.) 71 N. E. 922, 924. See, also, application of some element or power of naPein v. Miznerr, 83 N. E. 784, 786, 41 Ind. ture, of one substance to another, such App. 255, overruling La Porte Carriage Co. modes, methods, or operations are called v. Sullender, 75 N. E. 277, 165 Ind. 290. "processes." A new process is usually the

result of a discovery; a machine, of invenMachinery distinguished

tion. But the term “process" is often used in See Machinery.

a more vague sense in which it cannot be

the subject of a patent. Thus we say that a Mangle

board is undergoing the process of being "A 'machine' is a mechanical device

planed, grain of being ground, iron of being combination of mechanical powers and de- hammered or rolled. Here the term is used vices to perform some function and produce subjectively or passively as applied to the a certain effect or result.” A laundry mangle material operated on, and not to the method is within the scope of the factory act pro- or mode of producing that operation, which viding that “all vats, pans,” etc., and “ma- is by mechanical means, or the use of a chinery of every description,” shall be prop- machine, as distinguished from a process. erly guarded. Pein v. Miznerr, 83 N. E. 784, In this use of the term it represents the 786, 41 Ind. App. 255.

function of a machine, or the effect produced

by it on the material subjected to the action Pile driver and engine

of the machine. But it is well settled that As used in Civ. Code, $ 1970, providing

a man cannot have a patent for the function that an employer shall be liable for injuries or abstract effect of a machine, but only for to a servant sustained through the employ the machine which produces it. Denning er's negligence or the default of a co-employé, Wire & Fence Co. V. American Steel & Wire employed on a machine or other appliance Co., 169 Fed. 795, 796, 95 C. C. A. 259. than that on which the employé injured was employed, the word "machine" means an in- Railroad switch strument composed of one or more of the A railroad switch is not a "machine" for mechanical powers, and capable when set in the construction of waterworks, within the motion of producing by its own operation statute providing that persons furnishing certain predetermined physical effects, be- machinery to erect waterworks may have a ing distinguished from all other mechanical lien thereon. Potter Mfg. Co. V. A. B. leyer instruments in that its rule of action resides & Co., 86 N. E. 837, 839, 171 Ind. 513, 131 within itself, and hence, where a servant Am. St. Rep. 267. employed to steady piles in front of a pile driver was injured by the negligence of the

As structure engineer operating the engine by which the See Structure.

Tram railroad

tion is not an enumeration of machines, and A tram railroad is not a "machine," the genus of those words is not of the same within Rev. St. 1899, Š 8486, taxing manu- nature as of “machinery of every descripfacturers on tools, machinery, and appli- tion.” Pein v. Miznerr, 83 N. E. 784, 41 ances. State ex rel. Western Tie & Timber Ind. App. 255, overruling La Porte Carriage Co. v. Pulliman, 135 S. W. 443, 444, 233 Mo. Co. v. Sullender, 75 N. E. 277, 281, 165 Ind. 229.

290.

A "machine" consisting of rollers and MACHINE FINISH

knives revolving at a high rate of speed, and The term “machine finished" is used in set immediately below an opening in a floor, the manufacture of paper to represent sized, and used for the purpose of mixing sawdust, glazed, and supercalendered paper. Jackson damp clay and dirt thrown into the opening, V. Grissom, 94 S. W. 263, 264, 196 Mo. 624. is not within the factory act, providing that

in all manufacturing establishments "all vats, MACHINERY

pans, saws, planers, cogs, gearing, belting, See Dangerous Machinery; Defective set screws, and machinery of every descrip

Machinery; Domestic Machinery; Pat- tion therein" shall be guarded. National terns for Machinery; Steam Machin- Fire Proofing Co. v. Roper, 77 N. E. 370ery; Ways, Works, Machinery,

or 372, 38 Ind. App. 600. Plant.

Castings Other machinery, see Other.

Iron castings from 10 to 24 feet in A mortgage trust deed covering the “ma- length, known as “sill castings or channels," chinery” belonging to a cotton print works were furnished to a tobacco company with company included the copper rolls on which the necessary bolts for use in its factories, the designs to be printed on the cloth were to support tobacco presses. Most of them engraved, which were not a part of the print- were used for supporting presses or tables ing presses, but were purchased in the mar- connected therewith, without being fastened ket separate from the presses for use there to the floor and without being put under all in, and were unavailable for use except in the presses. Some were used for other purthe presses. According to Bouvier's Law

poses, such as skids, and "dunnage"; that Dict., “machinery” is a more comprehensive is, were put under goods to raise them above term than “machine" and includes the ap- the floor. Those under presses and tables purtenances necessary to the working of a could be readily removed, and were in fact machine. According to Webster's Interna- taken from one building to another. There tional Dictionary, second definition, “ma- was no proof that they were customarily thus chinery” is the working parts of a machine, placed in tobacco factories, or were in any engine, or instrument. According to the Cen- way necessary to carry on the work, or that tury and the Standard Dictionaries, "ma- it could not be done as well without them. chinery" is the parts of a machine considered Held, that the castings were not “material" collectively, or any construction of mechan- or "machinery," within Rev. St. 1899, $ ical means designed to work together to ac- 4203 (Ann. St. 1906, p. 2277), giving a complish a given end. Doty v. Oriental Print to a person furnishing the same for a buildWorks Co., 67 Atl. 586, 591, 28 R. I. 372 ing. Banner Iron Works v. Ætna Iron (citing Seavey v. Central Mut. Fire Ins. Co., Works, 122 S. W. 762, 763, 143 Mo. App. 1. 111 Mass. 540; Buchanan v. Exchange Fire

Conveyor Ins. Co., 61 N. Y. 26, 33; Brewer v. Ford, 12 N. Y. Supp. 621, 59 Hun, 17; State v. Avery, A conveyor, consisting of a long, cylin44 Vt. 629; Brower v. Locke, 67 N. E. 1015, drical, rotating rod, to which flanges are 31 Ind. App. 353, 358).

attached, is a shafting or "machinery," with

in the factory act (Acts 1899, p. 234, c. 142, As all machinery

§ 9; Burns' Ann. St. 1901, $ 7087i), providing The word “machinery," in Labor Law that all shafting and “machinery" shall be (Laws 1897, c. 415) § 81, imposing on the

guarded. United States Cement Co. owner or person in charge of a factory the Cooper (Ind.) 82 N. E. 981, 983.. duty to properly guard specified parts of "machinery," including shafting by name

Crane and "machinery of every description,” means

Under Code Supp. 1907, § 4999a2, remachinery which needs to be and can be quiring “machinery” in factories to be guardguarded for the safety of the employés. ed, a traveling crane is a machine, and, if Poole v. American Linseed Co., 103 N. y. injury is reasonably to be apprehended thereSupp. 1047, 1048, 119 App. Div. 136.

from to those working in its vicinity, it The factory act, providing that “all Carney v. Bettendorf, Axle Co. (Iowa) 136 N.

should be provided with proper guards. Mcvats, pans,” etc., and “machinery of every w. 920, 925. description," shall be properly guarded, requires all dangerous machinery to be guard

Derrick and appliances ed, including a laundry mangle; the quot- Where, on the sale of a derrick, the ed phrase not being limited by the enumera- president of the seller corporation wrote the tion of vats, pans, etc., since that enumera-' buyer, “We fully guarantee machinery, and

V.

con

if the same gives out through any fault of Kiln doors ours, we will replace it," the term “machin

Where a contract to furnish "machinery ery” was sufficiently broad to include the as follows" enumerates among other articles whole of the derrick and appliances fur- kiln doors, such doors are “machinery," for nished by the seller. Miller v. F. R. Patch the purposes of the contract. Thomas China Mfg. Co., 91 N. Y. Supp. 870, 871, 101 App. Co. v. C. W. Raymond Co., 135 Fed. 25, 29, Div. 22.

67 C. C. A. 629. Emery wheel

Machine distinguished An emery wheel used as a part of a The word “machinery," in a fire polifactory equipment to grind tools is not with-cy insuring a laundry and machinery, inin the phrase "machinery of every descrip- cluded the boiler, pipes, and fittings; steam tion," in the factory act (Acts 1899, p. 234, being used, not only as a motive power, but C. 142, $ 9; Burns' Ann. St. 1901, $ 7087i), for providing heat for drying purposes, etc. providing that “all vats, pans, saws,” etc., According to Webster's International Dicand “machinery of every description,” shall tionary a “machine" is any mechanical conbe properly guarded. National Drill Co. v. trivance, while “machinery” is the means and Myers, 81 N. E. 1103, 40 Ind. App. 322 (cit- appliances by which anything is kept in acing La Porte Carriage Co. v. Sullender, 75 tion or a desired result is obtained; a comN. E. 277, 165 Ind. 290, 303).

plete system of parts adapted to a purpose.

More narrowly and technically, “machinery” Hammer A hammer used by a track hand on a engine, or instrument arranged and

is said to be the working parts of a machine, railroad was not a part of the "machinery" structed so as to apply and regulate force. of the railroad company within the meaning Tubbs v. Mechanics' Ins. Co., 108 N. W. of a statute declaring that such a company 324, 326, 131 Iowa, 217. shall be liable for any damage done by the running of the locomotives or cars or other

As personal property machinery thereon. Williams v. Garbutt See Personal Property. Lumber Co., 64 S. E. 65, 70, 132 Ga. 221 Railroad track (quoting Georgia Railroad & Banking Co. v. Nelms, 9 s. E. 1049, 83 Ga. 70, 20 Am. St. 81) requires that all vats, pans, saws, plan.

Labor Law (Laws 1897, p. 480, c. 415, S Rep. 308).

ers, cogs, gearing, belting, shafting, set Harness

screws and “machinery of every description" The harness of a horse attached to a shall be properly guarded. Held, that other delivery wagon which an employé was driv- mechanical appliances constituting similar ing was not a part of the employer's “ma- hazards were included in the words “machinchinery," within Rev. Laws, c. 106, & 71, cl. 1, ery of every description,” but that they giving an employé the same right of action did not include a railroad track some three against his employer for personal injuries feet above the floor of a gallery in a maby a defect in the ways, works, and machin-chine shop, on which trucks were operated; ery connected with the employer's business, there being no inherent danger in the track, as if he had not been an employé; "machinery" nor reasonable ground to believe that an emonly including such machines or mechanical ployé in falling would be injured by putting devices as are in use, and such appurtenances his hand in front of the wheel of a truck thereof as are used incidental to the use of which was being operated on the track. the machine. Murphy v. O'Neil, 90 N. E. 406, Wynkoop v. Ludlow Valve Mfg. Co., 89 N. E. 407, 204 Mass. 42, 26 L. R. A. (N. S.) 146.

827, 828, 196 N. Y. 324, 30 L. R. A. (N. S.) 36. Heating boiler

Water mains and pipes Ky. St. & 2463, provides that a person

Pipes and water mains of waterworks who furnishes materials in the erection or company are not taxable as “machinery emrepairing of a house, or for any fixture or ployed in manufactures," within Rev. Laws, machinery therein, or for the improvement of c. 12, & 23, providing for the taxation of such

machinery within the state. Coffin real estate by contract with, or by the written consent of, the owner, contractor, sub- Artesian Water Co., 79 N. E. 262, 263, 193

Mass. 274. contractor, or authorized agent, shall have a lien thereon, etc. Held, that a heating boil

MACHINIST er purchased by a contractor and installed in defendant's residence constituted a "fix

The term "machinists" does not include ture” and “machinery,” within the statute, plumbers, painters, plasterers, and such like and also an improvement of the property,

artisans. Hence a plumber furnishing the within the section, so as to entitle the seller labor and materials to connect a soda founto a materialman's lien therefor. Menne v. tain, gas drum, and generator, etc., is not a American Radiator Co., 150 S. W. 24, 25, “machinist” within Laws 1905, p. 137, c. 72, 150 Ky. 151.

providing that every machinist who expends

labor, skill, and materials on any chattel As improvement of land

shall have a lien for his services. Modern See Improvement.

Plumbing & Heating Co. v. American Soda

Fountain Co., 106 Pac. 628, 629, 57 Wash., lease or contract for any of such lands shall 148, 135 Am. St. Rep. 975.

have been made, executed, and signed by the In an action by a passenger against a

commissioner of public lands, or by the board street car company, where the declaration al

itself, and Pierce's Code 1905, § 8178a (Laws leged that plaintiff was a machinist when he

1903, p. 113, c. 79), declares that any sale or was injured, the fact that the evidence show

lease of state lands made by mistake, or not ed that he was a tool maker did not prevent

in accordance with law or made by misrephim from recovering damages for decreased

resentation, shall be void. Held that, where earning capacity as a skilled workman, the

affidavits alleging fraud in the sale of certain proof showing that tool makers were machin

tide lands were presented to the board of ists, as the word "machinist" was broad

public land commissioners, after the execuenough to cover skilled machinists. Filling

tion of a deed but before its delivery, the ham v. Michigan United Rys. Co., 117 N. W.

board had power to suspend the delivery of 635, 636, 154 Mich, 233.

the deed, and investigate the charges. The court said: "Respondent contends that the

expression 'made, executed, and signed' is MACKEREL

equivalent to the words 'made, executed, Evidence is admissible to show a trade and delivered, which are commonly found in custom construing the word "mackerel” to deeds of conveyance, and urges that the deed mean elear and not rusty mackerel. Procter is not 'made and executed' until it is 'draftV. Atlantic Fish Cos., 94 N. E. 281, 208 Mass. ed, signed, acknowledged, and delivered,' and 351.

that it was not the intention of the Legisla

ture to deprive the officers of the state of the MADE

power to deal with the subject as long as the

deed was not actually delivered. Whether See Duly Given or Made; Duly Made.

this contention of respondent can be upheld See, also, Make.

in its entirety, we are not now called upon to The words "so made,” in Code, & 549 | decide; but we think that his position is (Gen. St. 1897, c. 95, § 590; Gen. St. 1899, 8 tenable, to the extent that the land commis4843), which after providing for the making sioner or the board of state land commissionand service of the case and the suggestion of ers may at any time refuse to deliver a deed amendments, provides that the case, “when when matters are brought to his or their atso made,” shall be settled, certified, and sign- tention which give reason to believe that ed by the judge, making no mention of the said deed is being obtained by means of service of the case, evidently include all the fraud." State ex rel. Shores v. Ross, 87 Pac. preliminary steps to the presentation of 262, 263, 44 Wash. 246. the case to the judge for settlement. But

As communicated ler v. Scott, 75 Pac. 496, 497, 68 Kan. 512 (citing Chicago, B. & Q. Ry. Co. v. Guild, 59

"Made" signifies action; but when a Pac. 283, 61 Kan. 213).

person has "communicated” to another a

written statement by reading it to him and Completion imported

delivering it to him, that statement has been The word "made," as ordinarily used, made to" such other person, within the "applies to completed transactions but not meaning of the law. The words "made to" necessarily so." A father's guaranty to a do not necessarily imply that the one combank against any loss on personal loans municating and using the statement also "made" to his son or on account of any busi composed it or made it up. “Make known" ness paper discounted to amounts designated, is a synonym of “communicate,” according at a time when the bank had already made to Soule's Dictionary of English Synonyms, personal loans to the son and discounted 84. The verb "make" has many significapaper for an amount less than that fixed by tions and conveys many meanings, among the guaranty, was a continuing guaranty cov- which is “to put forth; give out; deliver." ering not only past but future transactions. Also, "to inform; apprise.” Century DicNational Bank of Chester County v. Thomas, tionary. Thus when a person seeking credit 69 Atl. 813, 814, 220 Pa. 360.

hands to a merchant a materially false writDelivery imported

| ten statement concerning his financial condiA conveyance is “made or given,” within tion, no mat

tion, no matter who composed and signed it, section 67e of the bankruptcy act of July 1,

if it be one calculated to deceive, and then 1898, relating to conveyances made within

reads it to such merchant, and thereby obfour months prior to the filing of a petition,

tains property from him on credit, he has when it is delivered. Underleak v. Scott, 134

obtained property on credit upon a materialN. W. 731, 732, 117 Minn. 136.

| ly false statement in writing "made to" such

person. In re Aldrigde, 168 Fed, 93, 98, 99. Ballinger's Ann. Codes & St. & 2198, provides that the board of appraisers or commis. As entered on docket sioners of public lands may review and re Under Pen. Code, & 1428, requiring a jusconsider any of its official acts relating to tice of the peace to keep a docket in which lands of the staté until such time as the must be entered each action and all proceed

îngs therein, an order holding accused to an- | the fees for entries and for final proofs swer is in fact and law "made" when it is when made before him shall be for each affientered on the justice's docket, so that a davit 25 cents, for each deposition of claimfailure to indorse the same on the complaint ant or witnesses when not prepared by the or depositions does not deprive the order of officer 25 cents, and for each deposition preits validity nor affect defendant's substantial pared by the officer $1, and making it a misrights. People v. Sacramento Butchers' Pro- demeanor to demand or receive a greater tective Assin, 107 Pac. 712, 716, 12 Cal App. sum, fixes the fees of United States Commis471.

sioners for administering the oath and at

taching the jurat to affidavits required under As filed

the land laws, but it is not part of their duty The word “made,” in the statute provid- to draft affidavits, in whole or in part, and a ing that where the term does not continue United States Commissioner who drafts an longer than 30 days the motion for new trial affidavit or any part thereof, or who commust be “made” during the term, is synony- pletes the application part of a combined mous with "filed," and the word “made” can application and affidavit under the land laws, not be construed as meaning simply to pre may charge compensation therefor as servpare and present to the judge such motion, ices beyond his official duty; an affidavit beand a motion which has not been so filed must ing “made” before an officer when subscribed be dismissed, though the judge before whom and sworn to before him by whomsoever the case is tried may have granted a rule drafted. In re James, 195 Fed. 981, 983. nisi during the term and within the term fixed by law for filing the motion, and this is MADE ACQUAINTED true though counsel for the successful party

A certificate of acknowledgment of a may have consented to a continuance of the married woman that she was “made achearing of the motion; the same having been quainted” with the contents of the deed is returnable in vacation. Hilt v. Young, 43 S. equivalent to a certificate that the contents E. 76, 77, 116 Ga. 708.

were made known and explained to her. The word “made," as used in Code Civ. Chauvin v. Wagner, 18 Mo. 531, 544. Proc. $ 1295, providing that the superior court of that county in which application for the ap

MADE OUT IN ITEMS pointment of an administrator is “first made" Civ. Code 1902, $ 806, requires that all has exclusive jurisdiction of the settlement claims against counties shall be "made out of the estate, has reference to the time of in items," and section 808 provides that no filing the application with the clerk of the claim shall be valid and payable unless it be superior court. Dungan v. Superior Court of presented to and filed with the county board Fresno County, 84 Pac. 767, 769, 149 Cal. 98, during the fiscal year in which it is contract117 Am. St. Rep. 119.

ed or the next thereafter. Held, that a

claim is not properly “made out in items" As maintained

which does not indicate the year in which it As used in Act Cong. Feb. 25, 1885, C. arose, so as to indicate that it accrued within 149, § 1, 23 Stat. 321 (U. S. Comp. St. 1901, the period prescribed. State ex rel. People's p. 1524), declaring illegal all inclosures made, Bank of Greenville v. Goodwin, 62 S. E. 1100, erected, or constructed on lands to any of 1105, 81 S. C. 419. which the person making the same had no claim at the time the inclosure was made, MAGAZINE and declaring unlawful "the maintenance, erection, construction or control of any such “Magazines” are defined by Webster as inclosure,” the word "made" has a more com- pamphlets published periodically, containing prehensive meaning than the words "con- miscellaneous papers or compositions. They structed" or "erected.” A person "makes” are "periodical publications" entitled to the an inclosure so long as he maintains it. privileges of second-class mail matter. Since the statute was violated, where a per- Houghton v. Payne, 24 Sup. Ct. 590, 592. son maintained the inclosure of land to 194 U. S. 88, 48 L. Ed, 888. which he had no claim, an indictment charging such an inclosure was not defective for MAGIC failure to allege that, at the time the inclosure was made, defendant had no claim or

Healer by magic as physician, see Phycolor of title to the land made or acquired in

sician. good faith or a right thereto asserted with a

MAGIC LANTERN view to entry. Bircher v. United States, 169 Fed. 589, 591, 95 C. C. A. 87.

Not dutiable as optical instruments, see

Optical Instrument As sworn to

Act March 4, 1904, c. 394, providing that MAGISTRATE proofs, affidavits, and oaths required under the public land laws may be made before Remoral of magistrate as special proany United States Commissioner, and that ceeding, see Special Proceeding.

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