the will contemplated the "maintenance of a manual training school" within St. 1898, § 496b, as amended by Laws 1907, c. 503, and the charter of the city (Laws 1891, c. 59), authorizing the maintenance of schools of manual training, so that the city could accept the donation and comply with the conditions. Maxcy v. City of Oshkosh, 128 N. W. 899, 905, 144 Wis. 238, 31 L. R. A. (N. S.) 787. MAINTENANCE (Of Office) Under Stock Corporation Law (Consol. Laws 1909, c. 59) § 33, which provides that every foreign stock corporation, having an office for the transaction of business in the state, shall keep therein a stockbook, containing the names of stockholders, the number of shares held by them, and the amounts paid thereon, which shall be open for the inspection of stockholders, judgment creditors, and certain authorized state officers, and that, if any such foreign stock corporation has a transfer agent, such stockbook may be deposited with such agent, to be open to the same inspection, subject to a penalty on refusal, imposes such duty only upon stock corporations having an office for the transaction of business in this state; and the mere fact that a foreign corporation, which does not own, rent, or occupy an office of its own within the state, has a transfer agent for the convenience of stockholders, does not constitute "the maintenance of an office for the transaction of business," and hence the transfer agent is not subject to a penalty upon refusal to allow inspection of the stockbook. Wadsworth v. Equitable Trust Co. of New York, 138 N. Y. Supp. 842, 153 App. Div. 737. MAINTENANCE (Of Persons) nephew's maintenance and education; that As support The "maintenance" of dependents is such support as consists in the furnishing of food, clothing, lodging, or education. "Maintenance" in the matter of clothing does not refer to occasional gifts of clothing, but such a regular supply of clothing as may be reasonably necessary to make the body comfortable. Western Commercial Travelers' Ass'n, v. Tennent, 106 S. W. 1073, 1077, 128 Mo. App. 541 (quoting Alexander v. Parker, 33 N. E. 183, 144 nl. 355, 19 L. R. A. 187). MAINTENANCE (Of Suits) Maintenance is an officious intermed dling in a suit that in no way belongs to one by assisting either party, with money or otherwise, to prosecute or defend. It is said to be an offense against good morals, in that it keeps alive strife and perverts the remedial Kirby's Dig. § 3803, requiring a guard- powers of the law into an engine of oppresian to give bond to faithfully conduct a sale, sion. Lacey v. Davis (Iowa) 98 N. W. 366, etc., applies only to sales for reinvestment, 367 (quoting 6 Cyc. p. 850); Smith v. Hartand a sale to discharge a mortgage on other sell, 63 S. E. 172, 174, 150 N. C. 71, 22 L. R. land was not a sale for reinvestment, though A. (N. S.) 203; Gelo v. Pfister & Vogel Leaththe petition and order for sale designated iter Co., 113 N. W. 69, 70, 132 Wis. 575 (quotas such; the words "education" and "mainte nance" in another statute authorizing sales being broad enough to authorize a sale to protect the ward's estate. Harper v. Smith, 116 S. W. 674, 675, 89 Ark. 284, 131 Am. St. Rep. 93. Testator devised land to her husband, with power to sell and to have the proceeds, but charging the land or its proceeds with the maintenance of a nephew, 14 years old when the will was made, and with the expense of preparing him for "any profession he may wish" or testatrix's husband might "think best," and reciting that it was supposed that the charge would take all the land or its proceeds, but that, if it did not, the remainder was left to the husband to give to the nephew or "to dispose of as he may wish." Held, that the husband took a feesimple title subject only to the charge for the ing and adopting definition in Andrews v. A. 190). Such contracts are unenforceable at common law, as they tend to pervert the process of the law into an engine of oppression. Mud Valley Oil & Gas Co. v. Hitchcock, 81 N. D. 111, 112, 40 Ind. App. 105. Entire want of interest "Maintenance" is an officious intermeddling in a suit that in no wise belongs to one, by maintaining or assisting either party with money or otherwise, to prosecute or defend it. "Champerty," which is a species of maintenance, is the unlawful maintaining of a suit in consideration of some bargain to have a part of the thing in dispute or some profit out of it; the champertor agreeing to carry on the suit at his own expense. Where, however, the person promoting the suit of another has any interest in the subject-matter, he is justified in participating and is not guilty of officious intermeddling within the definition of "champerty" or "maintenance." Finlen v. Heinze, 73 Pac. 123, 127, 28 Mont. 548. Champerty distinguished "Maintenance" is defined as an "officious intermeddling in a suit that no way belongs to one, by assisting either party, with money or otherwise, to prosecute or defend." The offense may be committed by stepping in after litigation has been begun, as by encouraging and aiding its origin. "Champerty" is generally treated in connection with "maintenance." The champertor has in view a profit to himself in a share of the spoils of the litigation. The maintainer is more of a voluntary intermeddler and stirs up the strife for the love of it. He is described as an officious intermeddler. In other words, he interferes where he has no business. Breeden v. Frankford Marine, Accident & Plate Glass Ins. Co., 85 S. W. 930, 931, 110 Mo. App. 312 (citing Duke v. Harper, 66 Mo. 51, 37 Am. Rep. 314). Aiding poor man The law of "maintenance,” as I understand it, upon the modern construction, is confined to cases where a man improperly, for the purpose of stirring up litigation and strife, encourages others either to bring actions or to make defenses which they have no right to make. To give financial aid to a poor suitor who is prosecuting a meritorious cause of action does not constitute "maintenance," in the absence of any bargain to share the recovery, and is not violative of law or public policy. Jahn v. Champagne Lumber Co., 157 Fed. 407, 418 (citing Davies v. Stowell, 47 N. W. 371, 78 Wis. 334, 338, 10 L. R. A. 190). MAJOR LEAGUE Three organizations, the National League, the American League, and the National Association, include in their membership practically every professional baseball club in the United States. The first two are known as the "major leagues," and the last as the "minor league." Kelly v. Herrman, 155 Fed. 887, 888. MAJORITY See Requisite Majority. A ma By the word "majority" is meant the greater number; more than half of the whole number or a given number or group. jority of voters is a greater part of such voters. Mills v. Hallgren, 124 N. W. 1077, 1079, 146 Iowa, 215. L. O. L. § 4052, subd. 14, authorizing selection of a school building site by a "majority of the voters present" at a school meeting, requires a vote of more than one-half of those present, and not a mere plurality. Baxter v. Davis, 113 Pac. 438, 58 Or. 109 (citing 5 Words and Phrases, p. 4286). Wherever the words "the council for the time being shall, by a majority vote of all the members elected," or words of like import, occur in the charter of a municipal corporation, relative to the members of the common council thereof, they will be construed to mean a majority of the whole number of members to which the common council is entitled under the charter. Wood v. Gordon, 52 S. E. 261, 262, 58 W. Va. 321 (distinguishing Osburn v. Staley, 5 W. Va. 85, 13 Am. Rep. 640). In a will devising property to four trustees named "and to the survivors of them," and empowering them to act, "or the 'majority' of them," "the term 'majority' has reference to a majority of the survivors and not to a majority of the full number of trustees." Bascom v. Weed, 105 N. Y. Supp. 459, 466, 53 Misc. Rep. 496. Under chapter 341, p. 624, Laws 1899, the word "majority" means a majority of all votes cast at the caucus, including blank ballots. State ex rel. Dietrich v. Patterson, 96 N. W. 1135, 119 Wis. 52. As majority of entire body As used in Ky. St. 1903 (Charter of Cities of the Second Class) § 3044, providing that a majority of members elect of both the board of aldermen and the general council shall constitute a quorum for the transaction of business in joint session, a "majority of both boards" means a majority of the members taken as a whole, and not a majority of each board considered separately. Davis v. Claus, 100 S. W. 263, 265, 125 Ky. 4. As majority of those acting as a body in session Where a city charter provided that the mayor should nominate all appointive officers, and that his appointment should be final unless within five days thereafter a "majority of the common council" should file objections in writing, the term "majority of the common council" did not mean the common council acting as a body in session, but the provision was satisfied by the filing of objections by a majority of the body without reference to the time or manner of their action. State ex rel. Paulette v. Bandel, 97 S. W. 222, 223, 121 Mo. App. 516. The statute authorizing majority of the board to hire a teacher means a majority acting at a legal meeting, and not a majority of the directors acting separately. Johnson v. Dye, 127 S. W. 413, 414, 142 Mo. App. 424. As majority of those entitled to vote The words "majority of the qualified voters and taxpayers of any school district," as used in Rev. St. 1899, § 9772 (Ann. St. 1906, p. 4483), providing that when a majority of the qualified voters and taxpayers of any school district, at any annual or special meeting called for that purpose, shall deem it necessary to have additional ground for school purposes, the board of directors may proceed to condemn, etc., meant that the proposition must receive a majority of all the qualified voters and taxpayers of the district, and that a mere majority of all those present, unless it also be a majority of all the qualified voters and taxpayers of the district, is insufficient. School District Mo. 3 v. Oellien, 108 S. W. 529, 530, 209 Mo. 464. As majority of legal votes cast The "majority of ballots" necessary, under Rev. St. 1898, § 865, to determine the question of incorporation of a village means the majority of the legal ballots cast on the proposition and not a majority of those who vote or attempt to vote but whose ballots are properly rejected because illegal. State ex rel. Town of Holland v. Lammers, 86 N. W. 677, 679, 89 N. W. 501, 113 Wis. 398. As majority of quorum Under a by-law of a social corporation providing that an assessment could be made by a majority of the executive committee, which consisted of 20 members, 5 of whom constituted a quorum, by a "majority of the committee" was meant a majority of the whole committee, and not a majority of a quorum of 5. Rogers v. Boston Club, 91 N. E. 321, 322, 325, 205 Mass. 261, 28 L. R. A. (N. S.) 743. Where an orphan asylum claimed, for support of children committed to its care by a county after the adoption of a resolution by a majority vote of a quorum of the board of supervisors, that such children be removed therefrom, and, after demand for the children and refusal to surrender, no recovery could be had, since Laws 1895, c. 267, § 2, authorizes a county, by a majority vote of its county board of supervisors, to remove such children, to the support of which it contributes, and Rev. St. § 665, declares that a majority of the supervisors entitled to a seat constitute a quorum for the transaction of business, and make all questions determinable by a majority of the supervisors present, unless otherwise provided. St. Emilianus Orphan Asylum v. Milwaukee County, 82 N. W. 704, 705, 107 Wis. 80. As majority of those present and voting Rev. St. 1899, § 9750, subd. 11 (Ann. St. 1906, p. 4470), providing that in each case a "majority vote of the voters who are resident taxpayers" of the district shall be necessary to remove a site nearer the center of the district, means a majority of the taxpayers of the district, present and voting in the election. Tucker v. McKay, 111 S. W. 867, 868, 131 Mo. App. 728. Under St. 1912, c. 559, pt. 3, § 1, revising the charter of the city of Salem, which provided that the act should be submitted to the registered voters at the state election in 1912, for a vote primarily on the question whether the present charter should be repealed, and secondarily on the question whether, if it was repealed, the new charter should be plan 1 or plan 2, and that if, on a "majority of the ballots cast," the votes should be for a repeal, the plan receiving the largest number of votes cast should be adopted as the city charter, the ballot on which the questions were printed contained, besides the names of a large number of candidates for state and national offices, questions upon the adoption of constitutional amendments, and the total number of ballots cast was 6,966, of which, on the question of repealing the charter 1,676 were blank, 2,240 were against repeal, and 3,050 were for repeal. Held that, The phrase "majority vote of legal votin view of the legislative policy to make an ers," in Sp. Act Feb. 26, 1903, providing that acceptance of a city charter turn upon the af- it shall take effect when approved by a mafirmative votes of a majority of those voting jority vote of the legal voters within the dison the question, the word "ballots" was syn-trict, means, according to Act March 18, onymous with "votes," and that only the 1903, a majority vote of the legal voters votballots carrying votes on the question of re-ing. Foy v. Gardiner Water Dist., 56 Atl. peal were to be counted, and hence that, as 201, 202, 98 Me. 82. there was a "majority of the ballots cast" in favor of repeal, the old charter was repealed, and the plan receiving the larger number of votes was adopted as the new charter. Cashman v. Entwistle, 100 N. E. 58, 59, 213 Mass. 153. As majority of those voting "A majority of the registered voters of the city," as used in Acts 1889, c. 3963, § 12, means a majority of the qualified electors who actually voted at the election in question, and not a majority of all the voters whohad the right to vote; those voters who are silent being supposed to assent that the ques- | of two thousand or over shall decide by a tion shall be determined by those who vote. Bell v. City of Ocala, 56 South. 683, 684, 62 Fla. 431. Const. art. 10, § 9, does not provide the procedure for levying a tax for school district purposes in excess of five mills on the dollar, and not exceeding ten additional mills, but leaves the same to be provided for by the Legislature, provided that a tax in excess of five mills shall not be levied except on condition that a majority of the voters of the district voting at an election of the district vote for same. Const. art. 10, § 9, does not require that a levy in excess of five mills on the dollar in any year for school district purposes, not exceeding fifteen mills, shall receive a majority of the votes of the voters in the district, but only a majority of said voters voting at the election. Tilley v. Overton, 116 Pac. 945, 948, 29 Okl. 292. Const. 41, providing that no county seat shall be removed except by a "majority" vote of the qualified electors of the county, does not mean a majority of all the qualified electors, but merely a majority of the votes Ex parte Owens, 42 South. 676, 148 Ala. 402, 8 L. R. A. (N. S.) 888, 121 Am. St. Rep. 67. cast. Const. art. 13, § 5, provides that no county shall incur any indebtedness or liability for a single purpose to an amount exceeding $10,000 without the approval of a majority of the electors, voting at an election to be provided by law. Rev. Codes, § 2933, declares that county boards shall not borrow money for any single purpose to an amount exceeding $10,000 without the approval of a majority of the electors of the county and without first having submitted the question of a loan to a vote of such electors; and section 2937 declares that, if a majority of the votes cast are in favor of the loan, then the board may make the loan and issue the bonds. Held, that the enactment of section 2933 was not intended to add any requirement to that prescribed by the Constitution, and that the words "majority of the electors of the county," as used therein, should be construed to mean "a majority of the votes cast." Morse V. Granite County, 119 Pac. 286, 291, 44 Mont. 78. As majority voting on particular issue Where the language of an act is "a majority of the votes cast," or "a majority of all votes cast," it means a majority of the votes cast on the question submitted; and that, whether the votes are cast at a general or special election. Territory ex rel. McGuire v. Board of Trustees for High School of Logan County, 76 Pac. 165, 167, 13 Okl. 605. majority vote that they desire the jurisdiction of that court increased," the words "majority vote" mean a majority of all votes cast on the question of increased jurisdiction, and not a majority of all the votes cast at the election. State v. Fabrick, 121 N. W. 65, 66, 18 N. D. 402. As used in Const. § 168, providing that changes in the boundaries of organized counties shall be submitted to the electors of the county or counties to be affected, and be adopted by a "majority of all the legal votes cast" at such election, the phrase "votes cast" means the total of the separate votes, or expressions of voters' preference for or against such a change, and should be limited to mean the votes cast on that proposition. To effect such change requires merely a majority of the votes cast upon the question of a change, and not a majority of the highest number of votes cast for any candidate, or upon any proposition voted upon at the election, since to hold otherwise would be to give as much effect to the act of an elector who did not vote on such change as that of one who voted in the negative. State v. Blaisdell, 119 N. W. 360, 361, 18 N. D. 31. Pub. Laws 1903, p. 327, § 73, provides for submission to the voters of a city, at the next principal election after a resolution of the city council for issue of bonds, of the question of approval of the resolution, and states that the election officers shall report the number of votes in favor of issuing the bonds and the number against such issue, and that, if it shall be found that the resolution has been approved by "a majority of the voters voting at such election," the bonds may be issued. Gen. Election Law (P. L. 1898, p. 319), § 185, provides that, when the approval of a "majority of the legal voters" is required by a statute before a proceeding under it shall be lawful, the meaning of the words "legal voters" in the statute shall be "persons entitled to vote and who do vote * on the question or proposition submitted," and that the persons who do not vote at such election shall not be considered on the question of what is a majority of the legal voters with respect to the proposition submitted. Held, that "a majority of the voters voting at such election" required for approval of a resolution for bond issue means only a majority of the persons voting on such proposition, and not a majority of the persons voting at such election on that and other questions. Murphy v. City of Long Branch (N. J.) 61 Atl. 593, 594. By "majority" is meant a majority of the whole number of electors voting at the election, and not a majority of the votes recorded for or against license. In re Election Contest, 136 N. W. 1031, 1032, 118 Minn. 371. As used in Const. § 111, providing that county courts shall have jurisdiction of certain civil and criminal causes "whenever Where a question is required to be subthe voters of any county having a population mitted at a certain regular election, and is See, also, Made. made to depend on a "majority of the votes | MAKE A covenant in a conveyance of land for a right of way that the railroad would "make and maintain" a wire fence on both sides of the land conveyed, "and also make” a farm crossing, in pursuance of which the railroad did supply, maintain, and keep in repair a crossing for a number of years, obligated the railroad not only to make, but also to maintain, the crossing. Pittsburg, C., C. & St. L. Ry. Co. v. Wilson, 72 N. E. 666, 668, 34 Ind. App. 324. The words "such election," as used in the section of the Constitution which provides how constitutional amendments shall be passed through the General Assembly for submission to the people, and for publication for at least six months "immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the state for approval or rejection, and, if a majority of the electors voting in such election adopt such amendments, the same shall become a fendant's brother said he would "make" depart of the Constitution," evidently refer to cedent apologize, an instruction that defendthe general election for Senators and Rep-ant was guilty of murder if he armed himresentatives, and the "majority" necessary to adopt an amendment must be the major ity of electors voting at the general election for Senators and Representatives, and not a mere majority voting on the subject of the amendment. Rice v. Palmer, 96 S. W. 396, 400, 78 Ark. 432 (citing Knight v. Shelton, 134 Fed. 423; State ex rel. McClurg v. Powell, 77 Miss. 545, 27 South. 927, 48 L. R. A. 652). Laws 1905, p. 659, c. 397, § 10, providing for submission of the proposition of establishing county high schools, and that, when "a majority of the voters voting" in any county shall be in favor of such proposition, the provisions of that act shall apply thereto, requires, where the election is a general one, a majority of all the voters voting on any office or proposition at such election. Board of Education of City of Humbolt v. Klein, 99 Pac. 222, 223, 79 Kan. 209. Compel synonymous Where defendant's mother stated that de self with the intention of "compelling" decedent to apologize, and on his failing to do so killed him, was not erroneous; "com"make." Pipkins v. State, 97 S. W. 61, 63. pelled" being substantially synonymous with 80 Ark. 617. A book See Bookmaking. Where defendant accepted plaintiffs' offer to make ice cans at a certain price, on condition that they were made and shipped within 30 days, and plaintiffs accepted the order and promised to "make every effort" to have the cans delivered at the time indicated, the assurance must be construed as the expression of purpose to comply with the strongly emphasized requirement for shipment in 30 days, and not as a modification thereof. Wall v. St. Joseph Artesian As determined by casting vote of pre- Ice & Cold Storage Co., 87 S. W. 574, 575. siding officer 112 Mo. App. 659. Stamford City Charter (13 Sp. Laws, p. 1152), § 8, creates a board of appropriation and apportionment for the condemnation of land required by the city, consisting of eight members; the mayor being a member ex officio and president of the board, with power to vote only in case of a tie. 14 Sp. Laws 1905, p. 858, § 6, provides that the taking of land for park purposes shall be by a "majority" vote of all the members of the board, both present and absent. Held, that, in case of a tie, when all the members of the board were present and voted, the mayor's vote was sufficient to make a majority. Bohannan v. City of Stamford 67 Atl. 372, 373, 80 Conn. 107. MAJORITY OF STOCKHOLDERS An election to be held by a "majority of stockholders" means a majority in interest. In re P. B. Mathiason Mfg. Co., 99 S. W. 502, 504, 122 Mo. App. 437 (quoting and adopting definition in 2 Cook Corp. [5th Ed.] § 609). False entry Concealment by the president of a national bank from the bookkeeper of facts necessary to enable the latter to make accurate entries in the books of the bank, by reason of which fact he made false entries, does not constitute the making of false entries by the president which is made a criminal offense by Rev. St. § 5209. United States v. McClarty, 191 Fed. 523. False writing There is a distinction between falsely making a certificate of acknowledgment and The former "making a false certificate." term contemplates a certificate which is not genuine, while the latter imports a genuine certificate, the contents or allegations of which are false. Territory v. Gutierrez, 84 Pac. 525, 526, 13 N. M. 312, 5 L. R. A. (N. S.) 375. "Make" has many significations and conveys many meanings, among which is "to put forth; give out; deliver;" also "to inform; |