Gambar halaman
PDF
ePub

if the same gives out through any fault of ours, we will replace it," the term "machinery" was sufficiently broad to include the whole of the derrick and appliances furnished by the seller. Miller v. F. R. Patch Mfg. Co., 91 N. Y. Supp. 870, 871, 101 App. Div. 22.

Emery wheel

Kiln doors

Where a contract to furnish "machinery as follows" enumerates among other articles kiln doors, such doors are "machinery," for the purposes of the contract. Thomas China Co. v. C. W. Raymond Co., 135 Fed. 25, 29, 67 C. C. A. 629.

Machine distinguished

The word "machinery," in a fire policy insuring a laundry and machinery, included the boiler, pipes, and fittings; steam being used, not only as a motive power, but for providing heat for drying purposes, etc.

An emery wheel used as a part of a factory equipment to grind tools is not within the phrase "machinery of every description," in the factory act (Acts 1899, p. 234, c. 142, § 9; Burns' Ann. St. 1901, § 70871), providing that "all vats, pans, saws," etc., | According to Webster's International Dicand "machinery of every description," shall be properly guarded. National Drill Co. v. Myers, 81 N. E. 1103, 40 Ind. App. 322 (citing La Porte Carriage Co. v. Sullender, 75 N. E 277, 165 Ind. 290, 303).

Hammer

A hammer used by a track hand on a railroad was not a part of the "machinery" of the railroad company within the meaning of a statute declaring that such a company shall be liable for any damage done by the running of the locomotives or cars or other machinery thereon. Williams v. Garbutt Lumber Co., 64 S. E. 65, 70, 132 Ga. 221 (quoting Georgia Railroad & Banking Co. v. Nelms, 9 S. E. 1049, 83 Ga. 70, 20 Am. St.

Rep. 308).

Harness

tionary a "machine" is any mechanical contrivance, while "machinery" is the means and appliances by which anything is kept in action or a desired result is obtained; a complete system of parts adapted to a purpose. More narrowly and technically, "machinery" is said to be the working parts of a machine, engine, or instrument arranged and constructed so as to apply and regulate force. Tubbs v. Mechanics' Ins. Co., 108 N. W. 324, 326, 131 Iowa, 217.

81)

As personal property
See Personal Property.
Railroad track

Labor Law (Laws 1897, p. 480, c. 415, § requires that all vats, pans, saws, planers, cogs, gearing, belting, shafting, set 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 against his employer for personal injuries by a defect in the ways, works, and machinery connected with the employer's business, as if he had not been an employé; "machinery" only including such machines or mechanical devices as are in use, and such appurtenances thereof as are used incidental to the use of the machine. Murphy v. O'Neil, 90 N. E. 406, 407, 204 Mass. 42, 26 L. R. A. (N. S.) 146.

Heating boiler

Ky. St. § 2463, provides that a person who furnishes materials in the erection or repairing of a house, or for any fixture or machinery therein, or for the improvement of real estate by contract with, or by the written consent of, the owner, contractor, subcontractor, or authorized agent, shall have a lien thereon, etc. Held, that a heating boiler purchased by a contractor and installed in defendant's residence constituted a "fix

ture" and "machinery," within the statute,
and also an improvement of the property,
within the section, so as to entitle the seller
to a materialman's lien therefor. Menne v.
American Radiator Co., 150 S. W. 24, 25,
150 Ky. 151.

As improvement of land
See Improvement.

did not include a railroad track some three feet above the floor of a gallery in a machine shop, on which trucks were operated; there being no inherent danger in the track, nor reasonable ground to believe that an employé in falling would be injured by putting his hand in front of the wheel of a truck which was being operated on the track. Wynkoop v. Ludlow Valve Mfg. Co., 89 N. E. 827, 828, 196 N. Y. 324, 30 L. R. A. (N. S.) 36. Water mains and pipes

Pipes and water mains of waterworks company are not taxable as "machinery employed in manufactures," within Rev. Laws, c. 12, § 23, providing for the taxation of such machinery within the state. Coffin V. Artesian Water Co., 79 N. E. 262, 263, 193

Mass. 274.

[blocks in formation]

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

In an action by a passenger against a street car company, where the declaration alleged that plaintiff was a machinist when he was injured, the fact that the evidence show ed that he was a tool maker did not prevent him from recovering damages for decreased earning capacity as a skilled workman, the proof showing that tool makers were machinists, as the word "machinist" was broad enough to cover skilled machinists. Fillingham v. Michigan United Rys. Co., 117 N. W. 635, 636, 154 Mich, 233.

MACKEREL

Evidence is admissible to show a trade custom construing the word "mackerel" to mean clear and not rusty mackerel. Procter V. Atlantic Fish Cos., 94 N. E. 281, 208 Mass. 351.

MADE

See Duly Given or Made; Duly Made.
See, also, Make.

The words "so made," in Code, § 549 (Gen. St. 1897, c. 95, § 590; Gen. St. 1899, § 4843), which after providing for the making and service of the case and the suggestion of amendments, provides that the case, "when so made," shall be settled, certified, and signed by the judge, making no mention of the service of the case, evidently include all the preliminary steps to the presentation of the case to the judge for settlement. Butler v. Scott, 75 Pac. 496, 497, 68 Kan. 512 (citing Chicago, B. & Q. Ry. Co. v. Guild, 59 Pac. 283, 61 Kan. 213).

Completion imported

The word "made," as ordinarily used, "applies to completed transactions but not necessarily so." A father's guaranty to a bank against any loss on personal loans "made" to his son or on account of any business paper discounted to amounts designated, at a time when the bank had already made personal loans to the son and discounted paper for an amount less than that fixed by the guaranty, was a continuing guaranty covering not only past but future transactions. National Bank of Chester County v. Thomas, 69 Atl. 813, 814, 220 Pa. 360.

Delivery imported

A conveyance is "made or given," within section 67e of the bankruptcy act of July 1, 1898, relating to conveyances made within four months prior to the filing of a petition, when it is delivered. Underleak v. Scott, 134 N. W. 731, 732, 117 Minn. 136.

Ballinger's Ann. Codes & St. § 2198, provides that the board of appraisers or commissioners of public lands may review and reconsider any of its official acts relating to lands of the state until such time as the

have been made, executed, and signed by the commissioner of public lands, or by the board itself, and Pierce's Code 1905, § 8178a (Laws 1903, p. 113, c. 79), declares that any sale or lease of state lands made by mistake, or not in accordance with law or made by misrepresentation, shall be void. Held that, where affidavits alleging fraud in the sale of certain tide lands were presented to the board of public land commissioners, after the execution of a deed but before its delivery, the board had power to suspend the delivery of the deed, and investigate the charges. The court said: "Respondent contends that the expression 'made, executed, and signed' is equivalent to the words 'made, executed, and delivered,' which are commonly found in deeds of conveyance, and urges that the deed is not 'made and executed' until it is 'drafted, signed, acknowledged, and delivered,' and that it was not the intention of the Legislature to deprive the officers of the state of the power to deal with the subject as long as the deed was not actually delivered. Whether this contention of respondent can be upheld in its entirety, we are not now called upon to decide; but we think that his position is tenable, to the extent that the land commissioner or the board of state land commissioners may at any time refuse to deliver a deed when matters are brought to his or their attention which give reason to believe that said deed is being obtained by means of fraud." State ex rel. Shores v. Ross, 87 Pac. 262, 263, 44 Wash. 246.

As communicated

"Made" signifies action; but, when a person has "communicated" to another a written statement by reading it to him and delivering it to him, that statement has been "made to" such other person, within the meaning of the law. The words "made to" do not necessarily imply that the one communicating and using the statement also composed it or made it up. "Make known" is a synonym of "communicate," according to Soule's Dictionary of English Synonyms, 84. The verb "make" has many significations and conveys many meanings, among which is "to put forth; give out; deliver." Also, "to inform; apprise." Century Dictionary. Thus when a person seeking credit hands to a merchant a materially false written statement concerning his financial condition, no matter who composed and signed it, if it be one calculated to deceive, and then reads it to such merchant, and thereby obtains property from him on credit, he has obtained property on credit upon a materially false statement in writing "made to" such person. In re Aldrigde, 168 Fed. 93, 98, 99. As entered on docket

Under Pen. Code, § 1428, requiring a justice of the peace to keep a docket in which must be entered each action and all proceed

ings therein, an order holding accused to answer is in fact and law "made" when it is entered on the justice's docket, so that a failure to indorse the same on the complaint or depositions does not deprive the order of its validity nor affect defendant's substantial rights. People v. Sacramento Butchers' Protective Ass'n, 107 Pac. 712, 716, 12 Cal. App. 471.

As filed

the fees for entries and for final proofs when made before him shall be for each affidavit 25 cents, for each deposition of claimant or witnesses when not prepared by the officer 25 cents, and for each deposition prepared by the officer $1, and making it a misdemeanor to demand or receive a greater sum, fixes the fees of United States Commissioners for administering the oath and attaching the jurat to affidavits required under the land laws, but it is not part of their duty to draft affidavits, in whole or in part, and a United States Commissioner who drafts an affidavit or any part thereof, or who com

application and affidavit under the land laws, may charge compensation therefor as services beyond his official duty; an affidavit being "made" before an officer when subscribed and sworn to before him by whomsoever drafted. In re James, 195 Fed. 981, 983.

The word "made," in the statute providing that where the term does not continue longer than 30 days the motion for new trial must be "made" during the term, is synony-pletes the application part of a combined mous with "filed," and the word "made" cannot be construed as meaning simply to pre pare and present to the judge such motion, and a motion which has not been so filed must be dismissed, though the judge before whom the case is tried may have granted a rule nisi during the term and within the term fixed by law for filing the motion, and this is true though counsel for the successful party may have consented to a continuance of the hearing of the motion; the same having been returnable in vacation. Hilt v. Young, 43 S.

E. 76, 77, 116 Ga. 708.

The word "made," as used in Code Civ. Proc. § 1295, providing that the superior court of that county in which application for the appointment of an administrator is "first made" has exclusive jurisdiction of the settlement of the estate, has reference to the time of filing the application with the clerk of the superior court. Dungan v. Superior Court of Fresno County, 84 Pac. 767, 769, 149 Cal. 98, 117 Am. St. Rep. 119.

As maintained

As used in Act Cong. Feb. 25, 1885, c. 149, § 1, 23 Stat. 321 (U. S. Comp. St. 1901, p. 1524), declaring illegal all inclosures made, erected, or constructed on lands to any of which the person making the same had no claim at the time the inclosure was made, and declaring unlawful "the maintenance, erection, construction or control of any such inclosure," the word "made" has a more comprehensive meaning than the words "constructed" or "erected." A person "makes" an inclosure so long as he maintains it. Since the statute was violated, where a person maintained the inclosure of land to which he had no claim, an indictment charging such an inclosure was not defective for failure to allege that, at the time the inclosure was made, defendant had no claim or color of title to the land made or acquired in good faith or a right thereto asserted with a view to entry. Bircher v. United States, 169 Fed. 589, 591, 95 C. C. A. 87.

As sworn to

Act March 4, 1904, c. 394, providing that proofs, affidavits, and oaths required under the public land laws may be made before any United States Commissioner, and that

MADE ACQUAINTED

A certificate of acknowledgment of a married woman that she was "made acquainted" with the contents of the deed is equivalent to a certificate that the contents were made known and explained to her. Chauvin v. Wagner, 18 Mo. 531, 544.

MADE OUT IN ITEMS

Civ. Code 1902, § 806, requires that all claims against counties shall be "made out in items," and section 808 provides that no claim shall be valid and payable unless it be presented to and filed with the county board during the fiscal year in which it is contracted or the next thereafter. Held, that a claim is not properly "made out in items" which does not indicate the year in which it arose, so as to indicate that it accrued within the period prescribed. State ex rel. People's Bank of Greenville v. Goodwin, 62 S. E. 1100, 1105, 81 S. C. 419.

MAGAZINE

"Magazines" are defined by Webster as pamphlets published periodically, containing miscellaneous papers or compositions. They are "periodical publications" entitled to the privileges of second-class mail matter. Houghton v. Payne, 24 Sup. Ct. 590, 592, 194 U. S. 88, 48 L. Ed. 888.

MAGIC

Healer by magic as physician, see Physician.

MAGIC LANTERN

Not dutiable as optical instruments, see
Optical Instrument.

MAGISTRATE

Removal of magistrate as special proceeding, see Special Proceeding.

See Electro-Magnetism.

A "magistrate" is an "officer having | MAGNETISM power to issue a warrant for the arrest of a person charged with a public offense." People v. Swain, 90 Pac. 720, 722, 5 Cal. App. 421 (citing Pen. Code, § 807).

"A 'magistrate' is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime. The following persons are magistrates: (1) The justices of the Supreme Court; (2) the judges of the Circuit Court; (3) the county judges and justices of the peace; (4) all municipal officers authorized to exercise the powers and perform the duties of a justice of the peace." Wallowa County v. Oakes, 78 Pac. 892, 46 Or. 33.

The clerk of the county court having no authority to issue a warrant for a misdemeanor is not a "magistrate" within Snyder's Comp. Laws, § 6575, providing that a "magistrate" is an officer having power to issue a warrant for the arrest of a person charged with a public offense. Bowen v. State, 115 Pac. 376, 5 Okl. Cr. 605.

The word "magistrate," as used in Rev. St. c. 133, § 17, providing for appeals from the decisions or sentences of magistrates, includes judges of municipal courts as well as trial justices. Sprague v. Inhabitants of Androscoggin County, 71 Atl. 1090, 1091, 104 Me. 352.

Code 1907, § 7519, providing that judges of city courts, etc., are “magistrates," within the meaning of the chapter ("Proceedings to Preserve the Peace"), and authorized to require persons to give security to keep the peace, etc., refers only to affidavits and warrants under that chapter, and not in prosecutions for illegal liquor selling. Herring v. State, 48 South. 476, 477, 158 Ala. 31.

[blocks in formation]

MAHOGANY

See San Domingo Mahogany.

MAIL

See By Mail; Fast Mail; Fraudulent
Use of the Mails; Send by Mail.
Service by mail, see Service (In Prac-
tice).

Use of, as commerce, see Commerce.

"The term 'mail' is perhaps universally comprehended as being that over which the government has the management for the purposes of conveyance and distribution." Searight v. Stokes, 3 How. 151, 185, 11 L. Ed. 537.

MAIL CARRIER

As civil officer, see Civil Officer.
As officer, see Officer.

MAIL CLERK

As passenger, see Passenger.
MAIL MATTER

A post office superintendent discovered
a misboxed letter, which had been placed in
a "dead" pigeonhole at the top of the case,
where defendant, a clerk, was engaged in
sorting mail. The letter was removed by the
superintendent and handed to a post office in-
spector, who took it to the addressee, and,
without delivering it, obtained permission to
open it. He then returned it to the post office,
unsealed the letter, and took from it an ex-
press order for $2, a statement of account,
and a letter from the sender of the money
order. After making a copy of the letter, he
placed it in the envelope with two marked $1
bills, and forwarded the money order and the
statement to the addressee. The envelope
containing the letter and bills, having been
duly sealed, was returned to the dead pigeon-
hole, and a short time thereafter was embez-
zled by defendant.
the time it was returned by the inspector to
the dead pigeonhole had not ceased to be
"mail matter," and that defendant was there-
fore properly convicted of embezzling a let-
ter containing inclosures, in violation of Rev.
St. § 5467. Ennis v. United States, 154 Fed.
842, 843, 83 C. C. A. 478 (citing Montgomery v.
United States, 16 Sup. Ct. 797, 162 U. S. 410,
40 L. Ed. 1020; Scott v. U. S., 19 Sup. Ct. 209,
172 U. S. 343, 43 L. Ed. 471; Goode v. U. S.,
16 Sup. Ct. 136, 159 U. S. 663, 40 L. Ed. 297).
MAIL ORDER

Held, that the letter at

The chief element of the "mail order" method of doing business consists in dealing directly with the customer or consumer by means of placing in his hands a printed catalogue containing a description of the articles of merchandise offered for sale and the price

thereof. An association of retail dealers can | lawfully agree among themselves that they will not purchase merchandise from wholesalers and jobbers who sell to mail order houses and to inform each other as to what wholesalers and jobbers do sell to such houses. Montgomery Ward & Co. v. South Dakota Retail Merchants' & Hardware Dealers' Ass'n, 150 Fed. 413, 415.

MAILED

In an affidavit, which charged that defendant unlawfully, wantonly, or maliciously killed or maimed a cow, followed the Code form for an indictment for wanton and malicious injury to animals (Code 1907, §§ 6230, 7161, form 71), except that the word "maimed" was substituted for the word "injured," the word "maim" implied a deprivation of a necessary part, a crippling, disabling, or permanent injury, and was more than equivalent in meaning to the word "injure," and includ

the affidavit sufficiently charged the statutory offense. Richmond v. State, 58 South. 973, 974, 4 Ala. App. 139 (citing 5 Words and Phrases, p. 4275).

The word "mailed," as used in the speci-ed the meaning of the word "injure." Hence fications on which a contract for the sale of coal was made, requiring notice of a failure to deliver to be "mailed," being used in its ordinary sense, referred to mailing in accordance with the ordinary method of business, and did not contemplate the sending of a notice by registered mail, so that the mere delivery to the postal authorities and registration of a notice did not put the seller in default. Price v. City of New York, 93 N. Y. Supp. 967, 970, 104 App. Div. 198.

The general statement of one that he "mailed" a letter to another is sufficient evidence that he did everything necessary to raise the presumption that it was received in due course of mail, and thereby show that the addressee had notice of matters therein stated. To be properly "mailed" a letter must be addressed, stamped, and deposited in the proper place for the receipt of mail, and, since the word "mailed" implies the doing of all these acts, a general statement that a letter was "mailed" is sufficient. Ward v. D. A. Morr Transfer & Storage Co., 95 S. W. 964, 965, 119 Mo. App. 83 (citing Pier v. Heinrichshoffen, 67 Mo. 163, 29 Am. Rep. 501; Rolla State Bank v. Pezoldt, 95 Mo. App. 404, 69 S. W. 51).

Prepayment of postage

The word "mailed," when applied to a letter, means that it was properly prepared for transmission by mail, and was placed in the custody of the officer whose duty it was to forward the mail. Southern Engine & Boiler Works v. Vaughan, 135 S. W. 913, 915, 98 Ark. 388, Ann. Cas. 1912D, 1062.

In testimony that a letter containing a notice was mailed, the word "mailed" implies the payment of the necessary postage. City of Omaha v. Yancey, 135 N. W. 1044, 1047, 91 Neb. 261.

The single word "mailed," as used by a notary in his certificate, is held to imply that the requisite postage was prepaid. Cutting v. Harrington, 71 Atl. 374, 377, 104 Me. 96, 129 Am. St. Rep. 373 (citing Rolla State Bank v. Pezoldt, 69 S. W. 51, 95 Mo. App. 404).

MAIM

"Maiming" is to deprive a person of some member of his body. Cooper v. State, 132 S. W. 355, 356, 60 Tex. Cr. R. 411.

To "maim" an animal, within the meaning of a statute making it an offense to kill or maim cattle, is to be understood in its technical signification, and the person who inflicts upon an animal injury of a character less than that which would deprive it of or render useless one or more of its useful members, is not guilty of an offense under the statute, and the owner of the animal is remitted to his action for damages. But one who injures one of the useful members of an animal, such as its members of locomotion, or such as are useful to the owner of the ani Brown v. State, mal, violates the statute. 56 S. E. 405, 406, 127 Ga. 287.

White's Ann. Pen. Code, art. 612, provides that "to maim" is to willfully deprive a person of the hand, arm, finger, toe, foot, leg, nose, or ear; to put out the eye, or deprive a person of any member of his body. Article 614 provides that "to disfigure" is to willfully place any mark on the face or other part of the person. Article 604 provides a punishment for assault with intent to commit the offense of maiming or disfiguring. Held, that a charge of maiming and disfiguring carries with it a charge of assault with intent to maim and disfigure. Pool v. State, 129 S. W. 1135, 1136, 59 Tex. Cr. R. 482.

MAIN

MAIN CHANNEL

The "main channel" of the Mississippi river means the principal navigable and navigated channel, the one customarily followed in steamboat navigation. Franzini v. Layland, 97 N. W. 499, 502, 120 Wis. 72. See, also, State v. Muncie Pulp Co., 104 S. W. 437, 442, 119 Tenn. 47.

MAIN LINE

The words "main line," in municipal ordinances granting, respectively, the right to construct a small extension to the Garden Street branch of the Cleveland street railway system and the right to lay a second track on a portion of that branch, to terminate with the expiration of the grant for the main line, must be deemed to refer to the rest of the Garden Street branch, and not to the

« SebelumnyaLanjutkan »