DECREE lien for the charge for a steam shovel. Troy | MATTERS ARISING SUBSEQUENT TO A "mathematical demonstration" is wholly different from a "moral certainty." Evidence of demonstration relates to necessary truths, truths as to which the supposition of the contrary involves not merely what is not and cannot be true, but what is also absurd, whereas moral evidence is the basis of con Within the rule that Mills' Ann. St., § 2434, authorizing a claimant of an irrigation priority at any time within four years from a final decree in a statutory adjudication proceeding to bring a suit hitherto allowed by the proper court to determine the priority, authorizes such an action by parties to that proceeding only when their right of action accrues out of "matters arising subsequent to the decree," the quoted phrase means claims tingent truth. It follows obviously that the of priority for an appropriation made subseconvictions which these distinct and dissim- quent to the lowest appropriation included ilar classes of evidence are capable of produc-in the decree. Broad Run Inv. Co. v. Deuel ing are necessarily of very different natures. O. Snyder Imp. Co., 108 Pac. 755, 758, 47 In the one absolute certitude is the result, to which moral certainty, the highest degree of assurance of which truths of the latter class admit, is necessarily inferior. Wills, Cir. Ev. 5. Moral certainty is that full and complete assurance which admits of no degrees, and induces a sound mind to act without doubt upon the conclusions to which it naturally and reasonably leads. 2 Stewart's Elements, c. ii, § 4. It is apparent, then, that the precision attainable in the one case is of a nature of which the other does not admit. Bowman v. Little, 61 Atl. 1084, 1086, 101 Md. 273. MATRIMONY See Bonds of Matrimony. "Matrimony" contemplates a mutual performance of the correlate duties which the law superinduces upon the marriage, and, while one does his part, the other is not authorized to withdraw and live in separation. Massey v. Massey, 81 N. E. 732, 733, 40 Ind. App. 407 (citing Bishop, Marriage & Divorce). MATRON As officer, see Officer. MATTER See Collateral Matter; County Matters; Code Civ. Proc. § 46, forbidding a judge to sit or take part in the decision of a "cause or matter" in which he has been an attorney or counsel, refers only to actions or special proceedings in which a judge might take part; the word "cause" meaning a cause of action, and the word "matter" referring to some judicial proceeding which, under the Code, is included in special proceedings for the enforcement of civil rights. Keeffe v. Third Nat. Bank of Syracuse, 69 N. E. 593, 594, 177 N. Y. 305. Colo. 573. MATTER IN ABATEMENT The defense that plaintiff, a foreign corporation, has not complied with Gen. Laws 1896, c. 253, § 37, by appointing, by written power of attorney, a competent person residing in the state as its attorney on whom to serve process, is strictly "matter in abatement," and, having been pleaded in bar, cannot be considered. Russia Cement Co. v. Whitmarsh & Brown (R. I.) 67 Atl. 450 (citing Weaver Coal & Coke Co. v. Rhode Island Cooperative Coal Co., 61 Atl. 426, 27 R. I. 194). MATTER IN CONTROVERSY The words "matter in controversy," as used in Hurd's Rev. St. 1905, c. 110, § 88, authorizing the appellate court to recite in its final decree the facts as found by it, where the final determination of a cause "shall be made by the appellate court, as the result wholly or in part of the finding of the facts concerning the 'matter in controversy,' different from the finding of the court from which such cause was brought by appeal, or writ of error," means the matters of fact in controversy. Gilmore v. City of Chicago, 79 N. E. 596, 598, 224 Ill. 490. MATTER IN DISPUTE "By 'matter in dispute' is meant the subject of litigation-the matter for which the suit is brought-and upon which issue is joined, and in relation to which jurors are called and witnesses examined." Or, "the 'matter in dispute,' within the meaning of the statute, is not the principle involved, but the pecuniary consequence to the individual party. dependent on the litigation." Shewalter v. Lexington, 143 Fed. 161, 163 (quoting Lee v. Watson, 1 Wall. [68 U. S.] 339, 17 L. Ed. 557; Wheless v. St. Louis, 21 Sup. Ct. 402, 403, 180 U. S. 379, 382, 45 L. Ed. 583); McDaniel v. Traylor, 123 Fed. 338, 339 (quoting and adopting definition in Lee v. Watson, 1 Wall. [68 U. S.] 337, 17 L. Ed. 557); Gallagher v. Asphalt Co. of America, 55 Atl. 259, 269, 65 N. J. Eq. 258 (quoting Lee v. Watson, 1 Wall. [68 U. S.] 337, 17 L. Ed. 557); Baltimore & O. R. Co. v. Ryan, 68 N. E. 923, 924, 31 Ind. App. 597 (quoting Lee v. Watson, 1 Wall. 337, 17 L. Ed. 557). In a suit to enjoin railroad companies from establishing a new schedule of rates, the matter in dispute is the right of the defendants to enforce such proposed rates, and, where the value of such right exceeds $2,000, a federal court has jurisdiction. Northern Pac. Ry. Co. v. Pacific Coast Lumber Mfrs.' Ass'n, 165 Fed. 1, 11, 91 C. C. A. 39. The right to remove an action, wherein a money judgment is demanded, to the federal court is determined by the sum demanded as appears by the record at the time the petition for removal is filed; and, where an amendment is made, the sum last demanded is "the matter in dispute." McCulloch v. Southern Ry. Co., 62 S. E. 1096, 1097, 149 N. C. 305. "By 'matter in dispute' is meant the subject of litigation, the matter upon which the action is brought and issue is joined, and in relation to which, if the issue be one of fact, testimony is taken. It is conceded that the pecuniary value of the matter in dispute may be determined, not only by the money judgment prayed, where such is the case, but in some cases by the increased or diminished value of the property directly affected by the relief prayed, or by the pecuniary result to one of the parties immediately from the judgment. Thus a suit to quiet the title to parcels of real property, or to remove a cloud therefrom, by which their use and enjoyment by the owner are impaired, is brought within the cognizance of the court, under the statute, only by value of the property affected." Way v. Clay, 140 Fed. 352, 353 (quoting and adopting the definition of Justice Field in Smith v. Adams, 9 Sup. Ct. 566, 130 U. S. 167, 32 L. Ed. 898). The phrase "matter in dispute," as used in the Code of the District of Columbia (Act March 3, 1901, c. 854, § 233 (31 Stat. 1227), providing that any final judgment of the Court of Appeals may be re-examined and affirmed, reversed, or modified by the Supreme Court of the United States, on writ of error or appeal, in all cases in which the matter in dispute, exclusive of costs, shall exceed the sum of $5,000, means money, or some right the value of which can be estimated and ascertained in money, and which appears by the record to be of the requisite pecuniary value; and, assuming that the term "matter in dispute" may embrace a right to have a claim against a foreign government presented through the political department of the United States, and that the value of such a right may be gauged by the possible pecuniary injury which may be sustained if no such action is taken, it is evident that a claim for damages from the German Empire in redress of an alleged wrongful imprisonment in that country is one having a merely conjectural value. Hence the value of the matter in dispute in a proceeding to compel by mandamus the Secretary of State to seek to obtain $500,000 damages from the German Empire in redress of petitioner's alleged wrongful imprisonment while on a visit to that country does not exceed the sum of $5,000. United States ex rel. Holzendorf v. Hay, 24 Sup. Ct. 681, 682, 194 U. S. 373, 48 L. Ed. 1025. MATTER IN ISSUE The "matter in issue" in a former action is that on which plaintiffs' cause of action is based, and which defendant denies by his pleadings. Kerr v. Blair, 118 S. W. 791, 793, 55 Tex. Civ. App. 349. The issues in a cause are the points in dispute between the parties on which they put their cause to trial, and the matter in is The first essential of the rule of res judicata is the identity of the "matter in issue," which is defined to be that matter on which plaintiff proceeds by his action, and which defendant controverts by his pleadings. Leroy v. Collins, 130 N. W. 635, 636, 165 Mich. 380. "By 'matter in dispute' is meant the subject of litigation, and the matter upon which the action is brought and issue issue is that matter on which plaintiff proceeds by his action, and which defendant controjoined and in relation to which, if the issue verts by his pleading. Bowen v. W. O. Eabe one of fact, testimony is taken. It is conceded that the pecuniary value of the ton & Co., 89 N. E. 961, 964, 46 Ind. App. 65. matter in dispute may be determined, not only by the money judgment prayed, where such is the case, but in some cases by the increased or diminished value of the property directly affected by the relief prayed, or by the pecuniary result to one of the parties immediately from the judgment." In an action to recover a piece of land on which a The matters which plaintiff must allege railroad had located its depot, the value of in his declaration and the defendant deny the land to the railroad company, according to its present situation and use, is the value to be considered in determining whether the amount involved in the litigation is sufficient to confer jurisdiction on the federal courts. King v. Southern R. Co., 119 Fed. 1016, 1017 (quoting definition in Smith v. Adams, 9 Sup. Ct. 566, 130 U. S. 167, 32 L. Ed. 895). in his plea are necessary "matters in issue." In an action on a liquor dealer's bond, whether the dealer's failure to comply with the provisions of the statute in applying for a license was a "matter in issue" is to be determined by deciding whether the licensee's failure to comply with the provisions is a matter the state must allege and the licensee deny. State v. Corron, 62 Atl. 1044, 1052, service subject to competitive examination, 73 N. H. 434, 6 Ann. Cas. 486. MATTERS IN STATUTE As used in Const. art. 4, § 19, providing that every act shall "embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title," the word "subject" indicates the thing about which the legislation is had, and the word "matters" the incident or secondary things necessary to provide for its complete enforcement. Board of Com'rs of Marion County v. Scanlan, 98 N. E. 801, 802, 178 Ind. 142. As used in a constitutional requirement that every act shall embrace but one subject and matters properly connected thereith, which subject shall be expressed in the title, the word "subject" refers to the thing about which the legislation is had, and the word "matters" includes subordinate and incidental things relating to the same general subject. The title of an act was "An act to amend sections 1, 4, and 5, of an act entitled 'An act concerning street railroad companies, granting additional rights and powers there- MATTER OF ADMINISTRATION The power to compel an administrator to fulfill a contract of conveyance of real estate of his intestate is a "matter of administration," within the Constitution, defining the jurisdiction of the probate court. Servis v. Beatty, 32 Miss. 52, 87. shall be removed, unless he has been allowed an opportunity of making an explanation. Held, that the charter of 1901 conferred on the president of the borough of Manhattan the same powers possessed by the commissioner of highways under the charter of 1897; that the organization of bureaus is "matter of administration" within the meaning of the charter of 1901, and under such charter the president of the borough of Manhattan had power to organize a bureau of highways, and to appoint a head therefor; and that one appointed as head of such bureau was not subject to removal, except under the restrictions of section 1543. People ex rel. Collins V. Ahearn, 86 N. E. 474, 475, 193 N. Y. 441. MATTER OF CONTRACT The term "matters of contract," as used in Const. art. 7, § 40, which declares that justices of the peace shall have jurisdiction exclusive of the circuit court, in all matters of contract where the amount in controversy does not exceed $100, embraces an action for unliquidated damages for a breach of contract. Smith v. Taylor, 134 S. W. 634, 97 Ark. 424. MATTER OF COUNTERCLAIM Under a plea of payment in an action for price of printing defendant cannot show what, under a lease, was due him from plaintiff for excess power furnished; this, under Code Civ. Proc. §§ 500, 501, being "matter of counterclaim," to be pleaded as such. T. J. Hayes Printing Co. v. Springer, 123 N. Y. Supp. 240, 242. MATTER OF FACT The word "fact," as used in the proposition that representations must consist of "matters of fact," distinguishes "fact" from mere matters of opinion. Brown v. South Joplin Lead & Zinc Min. Co., 92 S. W. 699, 704, 194 Mo. 681. MATTER OF FORM The delivery of an indictment to the court by the foreman of the grand jury in the absence of the other jurors, if a defect at all, is "in matter of form only," within the meaning of U. S. Rev. Stat. § 1025, providing that no indictment presented by a grand jury shall be deemed insufficient nor the trial, judgment, or other proceeding thereon be affected by any such defect which shall not tend to the prejudice of the defendant, it not being disputed but that the indictment was found and returned into court as a true New York Charter (Laws 1897, p. 1, c. 378), creating a number of departments, among which was the department of highways, by section 458 (page 160) provides that the commissioner at the head of each department "may organize such bureaus as he shall from time to time deem necessary." Greater New York Charter (Laws 1901, p. 166, c. 466) § 388, vested in the city of New York all the powers and duties conferred on the commissioner of highways of the city of New York by the charter of 1897, and devolved upon the president of the borough as "matter The omission of the signs for dollars and of administration” certain powers and duties | cents, in the recitals of alleged false entries to be executed pursuant to the provisions of in reports, and misnomer of the reports in the act. Laws 1901, p. 636, c. 466, § 1543, an indictment charging directors of a nationprovides that no head of a bureau, holding al banking association with making false ena position in the classified municipal civil tries in a report to the Comptroller of the bill. Breese v. United States, 33 S. Ct. 1, 3, 226 U. S. 1, 57 L. Ed. 97. Currency, within the denunciation of Rev. | 158 Fed. 841, 850 (citing and adopting BroderSt. § 5209, are matters of form within the ick's Will, 21 Wall. [88 U. S.] 503, 22 L. Ed. meaning of Rev. St. § 1025, for which the in- 599; Farell v. O'Brien, 25 Sup. Ct. 727, 199 dictment is not to "be deemed insufficient." U. S. 89, 110, 50 L. Ed. 101). United States v. Potter, 56 Fed. 83, 95. MATTER OF IMPRESSION OR OPINION as "Evidence which is characterized 'matter of opinion' is predicated upon the existence or nonexistence of a fact, while 'matter of impression' or 'understanding' is only a deduction drawn from the assumption of that fact, so that, while the former may rise to the standard of evidence, the latter is Tait v. Hall, 12 Pac. 391, 71 Cal. 149). MATTER OF LAW Refusal of a judge sitting in bankruptcy to sanction an arrangement between the bankrupts and certain of their creditors and persons who had received preferential transfers of the bankrupts' property, in the legitimate exercise of discretion, did not present a "matter of law" reviewable on a petition for review authorized by Bankr. Act July 1, 1898, c. 541, § 24b, 30 Stat. 553. Mulford v. Fourth Street Nat. Bank, 157 Fed. 897, 85 C. C. A. 225. MATTER OF LEGAL AVOIDANCE Code Civ. Proc. § 1678, authorizing a court of probate to order distribution of a decedent's estate, though some of the heirs, legatees, or devisees had conveyed their shares, applies only where no question arises having been made; and, where the fact of on the distribution as to the conveyances Conveyance is disputed or its validity is in issue, the question is not within probate jurisdiction; "matters of probate" including the determination of the persons succeeding to the estate of a decedent, either as heir, is entitled, and the construction of the will, devisee, or legatee, the amount to which each but not including a determination of claims against heirs or devisees for their portion arising subsequent to decedent's death. In re Howe's Estate, 118 Pac. 515, 517, 161 Cal. 152. Code Civ. Proc. § 1639, providing that on the death of an executor his accounts may be presented to and settled by the court in which the estate of which he was executor is being administered, and that upon petition of his successor such court may compel the personal representatives of the deceased executor to render an account of the administrator of their testator, and to settle such account as in other cases, is a "matter of probate," jurisdiction of which may, under Const. art. 6, § 5, be conferred upon the superior court, sitting in probate. King v. Chase, 115 Pac. 207, 209, 159 Cal. 420. See Public Concern. The term "matters of legal avoidance," MATTER OF PUBLIC CONCERN as used in the statement that a recognizance is in the nature of a conditional judgment, subject only to such matters of legal avoidance as may be shown by plea, or to such matters of relief as may induce the court to remit or mitigate a forfeiture, refers to such matters as are entirely consistent with the truth of the facts stated in the record and furnish a legal excuse for the failure of the defendant to appear according to the condition of his recognizance. The sureties, for example, show, in answer to the scire facias, the death of the principal before the time for his appearance had arrived, or that he had been arrested under other process issued at the instance of the state, or that he had be- MATURED come insane. All pleas of this kind are not only consistent with the truth of what is averred in the record, but they are predicated on the assumption of such truth. State v. Morgan, 48 S. E. 604, 606, 136 N. C. 593. MATTER OR THING Within the rule that a court has no power to acquire jurisdiction of a party by service of notice outside its territorial limits except where the court is dealing with some "matter or thing" within its territorial jurisdiction, it has been held that marriage is such a "matter or thing," so that, if a spouse MATTER OF PROBATE "The proceeding to establish or prove the claim against the executors is essentially an independent suit inter partes and not a 'matter of pure probate jurisdiction."" Farmers' Bank of Cuba City, Wis., v. Wright, is a bona fide resident and the other spouse is absent, the court may require jurisdiction Watkinson, 58 Atl. 384, 389, 67 N. J. Eq. 142. by extraterritorial service. Watkinson v. MATURING See Debt Maturing in the Year. .See Prior to Maturity. The word "maximum" is defined as meaning the greatest, superlative of great; the greatest quantity or value attainable in Manaca v. Ionia Circuit Judge, a given case. 110 N. W. 75, 77, 146 Mich. 697. MAXIMUM RATE foreclosed, to be present at the sale and bid | MAXIMUM A note payable with interest from maturity contained a blank space after the word "maturity," and the payee after execution filled up such space by writing therein the word "date," so that the note called for interest after "maturity date." Held, that the alteration was not a material change which would prevent recovery on the note. "Maturity" and "maturity date" mean the same thing. Baldwin v. Haskell Nat. Bank (Tex.) 124 S. W. 443. Where a note bearing a given date was payable four months after, it reached its "maturity" four months after date. Seabury V. Sibley, 66 N. E. 603, 183 Mass. 105. MATURITY DATE See Maturity. MAUSOLEUM The term "maximum rate," as used in a statute authorizing the fixing of a "maximum rate" to be charged for gas and elec tricity, means a "reasonable rate with permission to the party furnishing the service to do business at an inadequate profit or at a loss, if he desires." Trustees of Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co., 107 N. Y. Supp. 341, 361, 122 App. Div. 203 (dissenting opinion of Judge Kellogg). MAY Must construed as may, see Must. As permissive or mandatory The word "may" is usually only permissive or discretionary. State v. Stepp, 59 S E. 1068, 1070, 63 W. Va. 254. The word "may" means "must" whenever third persons or the public have an in terest in having the act done or have a claim de jure that the power shall be exercised. Smalley v. Paine, 116 S. W. 38, 39, 102 Tex. 304. "The word 'may' is construed to mean 'shall,' whenever the right of the public or As improvement of real estate, see Im- third persons depends upon the exercise of provement. MAXIM A "maxim," says Coke, "is so called because its dignity is chiefest, and its authority the most certain, and because it is universally approved by all." Coke, Litt. 11a. Again he says: "A maxim is a proposition to be of all men confessed and granted without proof, argument, or discourse." Id. 67a. "Maxims," says Sir James Mackintosh, "are the condensed good sense of nations." Chrisman v. Linderman, 100 S. W. 1090, 1092, 202 Mo. 605, 10 L. R. A. (N. S.) 1205, 119 Am. St. Rep. 822. "A 'maxim' is a proposition to be of all men confessed and granted without proof, argument, or discourse." Felver v. Central Electric Ry. Co., 115 S. W. 980, 983, 216 Mo. 195 (quoting Lord Coke). the power or performance of the duty to which it refers." Montgomery v. Henry, 3) South. 507, 509, 144 Ala. 629, 1 L. R. A. (N. S.) 656, 6 Ann. Cas. 965 (quoting and adopting definition in Wheeler v. Chicago, 24 Ill. 105, 76 Am. Dec. 736). "May" does not mean "shall," and is not so construed in private contracts. It is only in the case of statutes by which public rights are involved that this construction is sometimes adopted ex debito justitiæ. Northwestern Traveling Men's Ass'n v. Crawford, 126 Ill. App. 468, 480. It is true that "may" oftentimes means "must," but it always retains its primitive meaning unless common fairness and the rights of the parties litigant demand that it be supplanted by "must," or unless it is used in a sentence which creates an exception in favor of the public. Chicago, W. & V. Coal Co. v. People, 114 Ill. App. 75, 112; Id., 73 N. E. 770, 214 Ill. 421. In a contract for the construction of part of a sewer, a clause provided that “if an emergency demands he [the en Justinian said that the "maxims of the law" are these: "To live honestly, to hurt no man, and to give every one his due." City Trust, Safe-Deposit & Surety Co. of Phila-gineer in charge] may make alterations in any delphia v. American Brewing Co., 67 N. E. part of the work." Held, that this clause was 62, 174 N. Y. 486. for the benefit of the commonwealth alone, |