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THE

AMERICAN AND

AND ENGLISH

ENCYCLOPÆDIA OF LAW.

MAIM.—See MAYHEM.
MAIN.—See note I.
MAINE LAW.-See INTOXICATING LIQUORS.
MAINER.-See note 2.

MAINPRISE.—It is an undertaking by one's friends for him, before certain persons for that purpose authorized, that he shall appear at a certain day and answer whatever shall be objected to him in a legal way. Thus to save him from imprisonment in the common jail. It has been used synonymously by many law writers with the word bail.3 The term is now seldom used.

an

1. Main Sea.--The common law defi- Main River.- Where a river is a nition of the main sea was that part of boundary between states, it is the main the sea lying outside of the terre or permanent river which constitutes fauces, or points on the opposite shore the boundary, and not that part which sufficiently near to enable persons stand- flows in seasons of high water and is ing on one shore to distinctly see and dry at other times. discern with the naked eye what is Middle of Main Channel.-The phrase doing on the opposite shore. The "middle of the river,” when employed water within the terræ fauces, al- to designate the boundary between though properly called the sea, or states, signifies the mean center line of arm of the sea, is not the main sea the main channel-or, as it is more frewithin the common law definition. 2 quently expressed, the "thread of the East P. C., ch. 17, § 10, p. 804; U. S. 2. stream,” the space within which vesGrush, 5 Mason (U. S.) 290; People sels may and usually do pass. ButtenEx rel Morris v. Supervisors, 73 N. Y. uth v. St. Louis Bridge Co., 5 Am. St. 393. Angell on Tide Waters 4. Baker v. Rep. (Ill.) 553. Hoag, 7 N. Y. 555; U.S: v. Millberger, From Main Wall of a House.—24 Q. B. 5 Wheat. (U.S.) 76; Hamilton v. Fra- Div. 170. zer, Stuart's Canada Rep. 27.

2. In Rex 2. Beare, 1 Raym. 417, the Main Channel.—The main channel of court held that when a libel is proa river, within the meaning of the act duced written by a man's own hand, of Congress authorizing the building of and the author of it is unknown, he is a drawbridge over the Mississippi river taken in the mainer, and that throws at Keokuk, Iowa, and requiring that the proof upon him; and if he cannot the draw shall be over the main chan- produce the composer the verdict will nel of the river and at an accessible and be against him. See also Heard, Ld. navigable point, is that bed over which Cr. Cas., 440 n. the principal volume of water flows. 3. Bacon's Abr. 530. St. Louis & St. Paul Packet Co. v. Keo- The chief difference is that a man's kuk & Hamilton Bridge Co., 31 Fed. mainpernors are barely his sureties and Rep. 755.

cannot imprison him themselves to com14 C. of L.-I

1

MAINSWORN.–See note I.

MAINTAIN-ED-ING.–To keep up; sustain; preserve; to hold or keep in any particular state or condition;2 used as a verb, it does not mean to provide or construct. pel his appearance, as his bail may. 6 struct a railroad is one thing; to mainMod. 231; 7 Mod. 77,85, 98; Ld. Raym. tain the structure after it is erected or 706; 12 Mod. 275, 348, 606, 607, 667. Bail built, is another. The word mainteare sureties that the parties be answer- nance has reference to the powers to be able for the special matters only for exercised after the completion. This is which they stipulate. Mainpernors are

the natural force of the expression. bound to produce him to answer all Maintain in Substantial Repair.-An charges whatsoever. 3 Bl. Com. 128; agreement that the working company Bouv. L. Dict., tit. Mainpernors. shall maintain the railway of the worked

1. Foresworn, by making false oath company in substantial repair and good with hand on book. Brownl. 4; Slater working order and condition, the 7'. Franks, Hob. 125; Bacon's Abr. worked company being bound to proIX, 62.

vide at a certain station proper terminal 2. Louisville R. Co. i'. Godman (Ind. accommodations to enable the working 1886), 2 West. Rep. 327.

company to carry on and convey the To Maintain.-In Com. v. Kimball, traffic, and being bound to pay to the 105 Mass. 467, WELLS, J., observes in working company such toll rent or his opinion: "The nuisance, in this case, other consideration for the use of a consists in the illegal use of the build- third company's line and station as the ing or place. Section 7, ch. 87, of the working company might have to pay to Gen. Stat. Massachusetts, makes any such third company; it was held that one who keeps or maintains such com- the word "maintain" was limited to the mon nuisance' liable to punishment. railway of the worked company, and This phraseology is adapted to the idea did not extend to the station or any porof a nuisance resulting from the per- tion of the railway of the third comversion of the building or place to an pany. Clonmel Traders v. The Waterillegal use. To 'keep' may, in its or- ford & Limerick Railway Co., 4 Ry. & dinary and more obvious sense, apply Can. Cas. 92. only to one who exercises control or Maintain an Action.”—The auditor proprietorship of the building or place of State alone is authorized to maintain used. But to maintain' has no such an action against officers and trustees of limited application. The building is savings banks for violation of their not maintained by the occupant, but statutory duties. Ryan v. Ray, 2 West. the nuisance is maintained by prosecut. Rep. 323. ing therein the illegal traffic. The alter- In Boutiller, Admr. 2. The Steamboat native, 'whoever keeps or maintains' will Milwaukee, 8 Minn. 97, an action was apply therefore either to the one who brought against the steamboat Milwaucontrols the occupation and procures or kee, by name, to recover damages for permits the illegal use, or to one who the killing of Francis Boutiller, by engages in the illegal use, and thus wrongfully running him down while in maintains or aids in maintaining the a small boat in the Mississippi river. public nuisance." See also State V. The action is brought under the act Main, 31 Conn. 574.

concerning boats and vessels, found on The statute i G. & H. 343, § 15, page 647 of the compiled statutes, and Indiana, providing that partition fences the act concerning actions by and con"shall be maintained throughout the cerning executors, administrators, etc., year, equally by both parties," is not page 610 of the saine book. In deliverlimited to repairs simply, but applies as ing the opinion of the court, FLAYDwell to the rebuilding of a fence de- RAX, J., observes: “The argument of stroyed by fire. Rhodes z'. Mummery, the counsel that no action can be com48 Ind. 216.

menced or originated by the personal In Moorhead 2". Little Miami R. Co., representatives, but that they can only 17 Ohio 340, 353, the court held that to carry on one which had been commaintain a railroad implies no power menced by the injured party before his to change the location after construc- death, is founded upon the peculiar tion. BIRCHARI), C. J., obscrves in the language used in the statute, which proopinion of the court: "To build or con- vides that the personal representatives

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