Holthouse. S. Greg. cited ibid. Spelman supposes it | ference to the rules so referred to them. to be the origin of the Fr. mese, and English messuage. MAST. To fatten with mast, (acorns, &c.) 1 Leon. 186. MAST-SELLING. In old English law. The practice of selling the goods of dead seamen at the mast. Held void. 7 Mod. 141. MASTER. [L. Fr. maistre; from Lat. magister, q. v. One having authority; one who rules, directs, instructs or superintends; one having superior skill to others; a head or chief; an instructor; an employer. Applied to several judicial officers. See infra. MASTER IN CHANCERY, (anciently MASTER OF THE CHANCERY.) [L. Lat. magister cancellaria.] In equity practice. An important officer of courts of equity, who acts as assistant to the chancellor or judge, and whose principal duty consists in inquiring into various matters referred to him for the purpose, and reporting thereon to the court. Wharton's Lex. Holthouse. In England, there are twelve of these masters, of whom the Master of the Rolls is the chief. These officers were originally the chief clerks of the chancery, (clerici de prima forma,) who acted as the assessors or council of the Lord Chancellor, (collaterales et socii cancellarii.) 2 Reeves' Hist. 251. According to Mr. Spence, they obtained the title of masters in the reign of Edward III. 1 Spence's Chancery, 360. But they appear to have had the title of præceptores at a much earlier period. 2 Reeves' Hist. ub. sup. Crabb's Hist. 184. MASTER AT COMMON LAW. In English law. An officer of the superior courts of common law, (each court having five,) whose principal duties, when attending court, consist in taking affidavits sworn in court, in administering oaths to attorneys on their admission, and in certifying to the court, in cases of doubt or difficulty, what the practice of the court is. Their principal duties out of court consist in taxing attorneys' costs, in computing principal and interest on bills of exchange, promissory notes and other documents, under rules to compute, in examining witnesses who are going abroad for the purpose of obtaining their testimony, in hearing and determining rules referred to them by the court in the place of the court itself, and in reporting to the court their conclusions with re MASTER OF THE CROWN OFFICE. In English law. The Queen's coroner and attorney in the criminal department of the Court of Queen's Bench, who prosecutes at the relation of some private person, or common informer, the crown being the nominal prosecutor. Wharton's Lex. MASTER OF THE ROLLS. [L. Lat. magister rotulorum.] In English law. An assistant judge of the Court of Chancery, who holds a separate court ranking next to that of the Lord Chancellor, and has the keeping of the rolls and grants which pass the great seal, and the records of the chancery. He was originally appointed only for the superintendence of the writs and records appertaining to the common law department of the court, and is still properly the chief of the masters in chancery. 3 Steph. Com. 417. Wharton's Lex. MASTER OF A SHIP. [Lat. magister navis, (q. v.) navicularius, navarchus, nauclerus.] In maritime law. A person having the command of a merchant vessel and the government of her crew; hence commonly styled captain. A person entrusted with the care and navigation of a vessel and cargo, appointed by the owner, and acting as his confidential agent.* 3 Kent's Com. 158, 161. Abbott on Ship. [118,] 151. MASURA. L. Lat. [from massa, q. v.] In old English law. A house and ground; a piece of ground belonging to a house; a house in a city. Spelman. An old decayed house or wall; the ruins of a building. Cowell. The next MATE. In maritime law. officer to the master on board a vessel, who, on his death, or in his absence, succeeds virtute officii to the care of the ship, and the government and management of the crew. 3 Kent's Com. 176. He does not, however, cease to be mate in such cases, but has thrown upon him cumulatively the duties of master. Id. ibid. MATERFAMILIAS. Lat. In the civil law. The mother or mistress of a family. Calv, Lex. A chaste or virtuous woman, whether married or a widow. Matrem familias à ceteris feminis mores discernunt; morals distinguish a materfamilias from other women. Dig. 50. 16. 46. 1. Id. 48. 5. 10, pr. Matrimonia debent esse libera. Marriages ought to be free. A maxim of the civil law. 2 Kent's Com. 102. MATRIX ECCLESIA. Lat. A mother MATERIA. Lat. In the civil law. Materials; as distinguished from species, or the form given by labor and skill. Dig. 41. 1. 7. 7-12. Fleta, lib. 3, c. 2, § 14. Materials (wood) for building, as distin-church; a cathedral church, in respect of guished from lignum. Dig. 32. 55, pr. the parochial churches within the same dicMATERIA. L. Lat. Matter; sub- cese, or a parochial church, in respect of stance; subject matter. 3 Bl. Com. 322. the chapels depending on her. Cowell. MATERIAL MEN. In maritime law. Persons who furnish and construct materials for the outfit or repair of vessels. 1 Kent's Com. 379. 2 Id. 168-170. Such as ship-builders, rope-makers, &c. Jacobsen's Sea Laws, 357, note. U. S. Digest, Material men. 1. MATERTERA. Lat. [Gr. unrpadeon.] In the civil law. A maternal aunt; a mother's sister, (matris soror.) Inst. 3. 6. Bract. fol. 68 b. MATERTERA MAGNA. Lat. In the civil law. A great aunt; a grandmother's sister, (avia soror.) Dig. 38. 10. 10. 15. MATERTERA MAJOR. Lat. In the civil law. A greater aunt; a great grandmother's sister, (proavia soror;) a father's or mother's great aunt, (patris vel matris matertera magna.) Dig. 38. 10. 10. 16. Called promatertera. Id. 38. 10. 1. 7. MATERTERA MAXIMA. Lat. In the civil law. A greatest aunt; a great great grandmother's sister, (abavia soror;) a father's or mother's greater aunt, (patris vel matris matertera major.) Dig. 38. 10. 10. 17. Called abmatertera. Id. 38. 10. 3. MATRIMONIAL CAUSES. In English ecclesiastical law. Causes of action or injuries respecting the rights of marriage. One of the three divisions of causes or injuries formerly cognizable by the ecclesiastical courts; comprising suits for jactitation of marriage, and for restitution of conjugal rights, divorces and suits for alimony. 3 Bl. Com. 92-94. 3 Steph. Com. 712-714. MATRIMONIALITER. L. Lat. In the way of marriage. Bract. fol. 302 b. MATRIMONIUM. Lat. In the civil law. Matrimony; marriage; the conjunction of man and woman, (maris atque femina conjunctio.) Dig. 1. 1. 1. 3. Justinian makes it synonymous with nuptiæ, and defines them both-viri et mulieris conjunctio, individuam vitæ consuetudinem continens, (the union of a man and a woman in a state of habitual and inseparable intercourse during life.) Inst. 1. 9. 1. See Tayl. Civ. Law, 268. MATTER IN DEED. Matter contained in a deed, or writing under seal between two or more parties, which is regarded as a private act. Co. Litt. 380 b. Steph. Pl. 197. Called by Lord Coke (ub. sup.) matter in fait. MATTER IN PAIS. Matter in the country. This term is used by Blackstone as synonymous with matter in deed. 2 Bl. Com. 294. But it is generally distinguished, and applied to matters not transacted in writing. Steph. Pl. 197. 2 Smith's Lead. Cas. 458. Matter en ley ne serra mise en bouche del jurors. Matter in law shall not be put into the mouth of jurors. Jenk. Cent. 180, case 61. Another form of the maxim, Ad quæstionem legis non respondent juratores. MATTER OF RECORD. Matter entered on record, or appearing on the records of a court, comprising all judicial acts; such as a judgment or pleading in an action, a recognizance acknowledged before a court, and the old proceedings by fine, statute merchant, &c. Co. Litt. 380 b. Steph. Pl. 197. MATURITY. In mercantile law. The time when a bill of exchange or promissory note becomes due. Story on Bills, § 329. MATURUS. Lat. Ripe; mature or perfect. Maturiora sunt vota mulierum quam virorum; the desires of women are more mature [sooner matured] than those of men. 6 Co. 71 a. Bract. fol. 86 b. MAUGRE. L. Fr. In spite of; against the will of. Litt. sect. 672. See Malgre, Mal gree. MÄUNDER. L. Fr. [from Lat. mandare, q. v.] In old English law. To command. Stat. Westm. 1, c. 45. To return (a writ.) Id. ibid. The word occurs in both these senses in the following passage: Et sil maunde que il ad fait l'execution en due maner,―adonques soit maunde au viscount que, &c.; and if he return that he hath done execution in due manner, then shall it be commanded to the sheriff that, &c. Id. ibid. MAUNGER. L. Fr. To eat; eating. Maunger des jurours. Dyer, 37 b, (Fr. ed.) MAUVEISE, Mauveys. L. Lat. False; fraudulent. Britt. c. 15. Mauvestie; a fraud. Id. Mauveysement musce; fraudulently concealed. Id. fol. 3 b. Bad; defective; informal. La breve est mauveys. Yearb. H. 2 Edw. II. 33. An municipal corporation. Spelman. swering to the portgreve and burgreve of the Saxons, and the bailiff of the AngloNormans. **Spelman observes that he did not find this word used in England, prior to the Norman invasion, nor was it applied to any corporation until A. D. 1189, when MAXIM. [L. Fr. maxime; from Lat. Richard I. changed the bailiffs of London marimus, greatest.] A general principle; into a mayor; in imitation of which King a postulate or axiom; a rule of general or John, A. D. 1204, made the bailiff of universal application, upon which other King's Lynn, a mayor. The Saxon title rules are founded.* Co. Litt. 11 a. Called of portgreve, or portgerefe, is given to the by Lord Coke, "a sure foundation or chief magistrate of London in a charter ground of art, and a conclusion of rea- granted to the city by William the Conson;" so called, quia maxima est ejus dig-queror. Camd. Brit. 325. See Portgreve. nitas, et certissima auctoritas, atque quod maxime omnibus probetur; (because its dignity is greatest and its authority most sure, and because it is most highly approved by all.) Co. Litt. ub. sup. Lord Bacon observes that "the conclusions of reason of this kind are worthily and aptly called by a great civilian, legum leges, laws of laws, for that many placita legum, that is, particular and positive learnings of laws, do easily decline from a good temper of justice, if they be not rectified and governed by such rules." Bacon's Max. Pref. See 2 Kent's Com. 552-555. Maxime paci sunt contraria, vis et injuria. "MAY," in the construction of public statutes, is to be construed "must" in all cases where the legislature mean to impose a positive and absolute duty, and not merely to give a discretionary power. 1 Peters' R. 46, 64. 3 Hill's (N. Y.) R. 612, 615. See 9 Grattan's R. 391. The word "may," in a statute, means must or shall, when the public interest or rights are concerned, or the public, or third persons, have a claim, de jure, that the power shall be exercised. 1 Vern. 153. 1 Kent's Com. 467, note. See 24 Mississippi R. 657. MAYHEM. hem, (q. v.) According to Cowell and Blount, (who quote Camden,) Richard I. ordained two bailiffs instead of this portgreve, and it was John who changed the bailiffs into mayor. Mayor (major or maior) had become an ordinary title in the time of Bracton. Bract. fol. 57. The titles portreeve and boroughreeve continued in some places down to the passage of the late Municipal Reform Act, 5 & 6 Will. IV. Mayor is derived by Spelman from the Lat. major, (greater,) denoting that he held the chief rank among his colleagues in office, whether aldermen, burgesses or jurats, who anciently constituted his council. This appears to be the true etymology. See Custos. Cowell and Blount, who trace the word to the Brit. meyr, make it to be derived from miret, to keep or guard. Webster pronounces the derivation from Lat. major an error, and traces the word to the Armoric mear, and Welsh maer, one that keeps or guards. MAYORAZGO. Span. In Spanish law. The right to the enjoyment of certain aggregate property, left with the condition therein imposed, that they are to pass in their integrity perpetually, successively to the eldest son. Schmidt's Civ. Law, 62. A species of entail. MEAN. [Lat. medius; Fr. mesne.] InOtherwise written Mai-termediate. See Mesne. MAŸN. L. Fr. A hand; handwriting. Britt. c. 28. MAYNOVER. L. Fr. A work of the hand; a thing produced by manual labor. Yearb. M. 4 Edw. III. 38. MAYOR. [L. Lat. major; L. Fr. maire; Germ. meyer; from Lat. major, greater.] The chief magistrate of a city for borough.] Cowell. The chief officer of a MEANDER. To pursue a winding course, as a river or stream. A messuage or dwelling-house. Spelman. Cowell. Finch's Law, b. 1, ch. 3, num. 28. MEASURE OF DAMAGES. The rule, or rather the system of rules, governing the adjustment or apportionment of damages as a compensation for injuries in actions at law. See Sedgwick on the Measure of Damages, passim. A mesne; an intermediate lord. Tenens habens medium inter ipsum et capitalem dominum; a tenant having a mesne between himself and the chief lord. Stat. Westm. 2, c. 6. Fleta, lib. 2, c. 50. In old continental law. A man of middle condition. L. Alam. tit. 67. MEDLETUM, Melletum. L. Lat. [from Fr. mesler, to mix or mingle.] In old EngAlish law. A mixing together; a medley or melee; an affray or sudden encounter. MEDFEE. In old English law. bribe or reward; a compensation given in exchange, where the things exchanged were not of equal value. Cowell. "MEDALS," in a will, has been held to pass curious pieces of current coin kept by a testator with his medals. 3 Atk. 202. 2 Williams on Exec. 1032. MEDIA ANNATA. Span. In Spanish law. Half-yearly profits of land. 5 Texas R. 34, 79. MEDIA NOX. Lat. In old English law. Midnight. Ad mediam noctem; at midnight. Fleta, lib. 5, c. 5, § 31. MEDIATOR. L. Lat. [from medius, middle.] In old English law. An arbitrator. Dyer, 111. MEDICAL JURISPRUDENCE. The science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in a court of justice. Otherwise called forensic medicine. Wharton's Lex. A sort of mixed science, which may be considered as common ground to the practitioners both of law and physic. 1 Steph. Com. 8. An offence suddenly committed in an affray, (culpa quam quis inopinatè commiserit, rixando et pugnando.) Spelman. Glanv. lib. 1, c. 2. Bract. fol. 154 b. The English word medley is preserved in the term chance-medley. An intermeddling, without violence, in MEER. L. Fr. 33. MEES. L. Fr. A house or dwelling. Britt. c. 40, 72, fol. 102 b. MEIGNEE, Meiny. L. Fr. Family; household. Kelham. MEIN. L. Fr. A hand. Meins mises sur seintz; hands laid upon the holy (Gospels.) Kelham. MEINDRE AGE. L. Fr. Minority; lesser age. Kelham. MEINS. L. Fr. Less; least. Kelham. MEITE, Meited. L. Fr. Moiety; a moiety or half. LL. Gul. Conq. ll. 31, 45. MEJORADO. Span. In Spanish law. Preferred; advanced. White's New Recop. MELDFEOH. Sax. [from meld, information, and feoh, a reward.] In Saxon law. A reward given to an informer. LL. Ina, MS. c. 20. Spelman. MEDIETAS. L. Lat. [from medius, middle.] In old English law. A moiety; one half. Fleta, lib. 2, c. 57, § 10. A1. 3, tit. 10, c. 1, § 4. half part, divided and separated; as dimidium was the half a thing before division. Latch, 224. But see 6 Mod. 231. Sometimes Englished, mediety. 1 W. Bl. 490. MEDIETAS LINGUÆ. L. Lat. In old practice. Moiety of tongue; halftongue. Applied to a jury empanelled in a cause, consisting the one half of natives, and the other half of foreigners. Comb. 20. See De medietate linguæ. MEDITATIO FUGE. Lat. In Scotch law. Contemplation of flight; intention to abscond. 2 Kames' Equity, 14, 15. Bell's Dict. MEDIUM TEMPUS. L. Lat. In old English law. Mean time; mesne profits. Cowell. MEDIUS. Lat. In old English law. Mean; intermediate; between two. MELIOR. Lat. Better; the better. Melior res; the better, (best) thing or chattel. Bract. fol. 60. See Potior. Melior est justitia vere præveniens quam severe puniens. That justice which absolutely prevents [a crime] is better than that which severely punishes it. 3 Inst. Epil. Melior est conditio possidentis. The condition of the party in possession is the better one. Fleta, lib. 6, c. 39, § 7. Quum de lucro duorum quæratur, melior est causa possidentis. Dig. 50. 17. 126. 2. Melior est conditio possidentis, et rei quam actoris. The condition of the party in possession is the better one, and that of a Law, 17. defendant is better than that of a plaintiff. | 28 Edw. I. membr. 16. Hale's Hist. Com. 4 Inst. 180. Best on Evid. 293, § 252. Melior est conditio possidentis ubi neuter jus habet. Where neither has the right, the condition of the party in possession is the better. Jenk. Cent. 118, case 36. Meliorem conditionem suam facere potest minor, deteriorem nequaquam. A minor can make his condition better, but by no means worse. Co. Litt. 337 b. MELIORATIO. Lat. [from melior, better.] In old English law. A melioration; a making better; an improvement or betterment. Bract. fol. 75. Stat. Marlbr. pr. See Feud. Lib. 2, tit. 28, § 2. MELIUS. Lat. Better; the better. Melius averium; the better [best] beast. Bract. fol. 60. Secundum vel tertium melius; second or third best. Fleta, lib. 2, c. 57, § 1. Melius est omnia mala pati quam malo consentire. It is better to suffer all wrongs, [any wrong] than to consent to wrong. 3 Inst. 23, marg. Melius est recurrere quam male currere. It is better to run back than to run badly; it is better to retrace one's steps, than to proceed improperly. 4 Inst. 176. It Melius est in tempore occurrere, quam post causam vulneratam remedium quærere. is better to meet a thing in time, than after an injury inflicted, to seek a remedy. Fleta, lib. 6, c. 37, § 15. 2 Inst. 299. MELIUS INQUIRENDUM, (or INQUIRENDO.) L. Lat. (To be better inquired.) In old English practice. The name of a writ issued to the escheator, commanding him to make a further inquiry or to take a new inquisition respecting a matter; as to inquire who was the next heir of a party who died seised of lands, &c. Reg. Orig. 293. F. N. B. 255 C. MELLER. L. Fr. To mix or blend; to meddle with; to interfere or interpose. Kelham. MELLETUM, Medletum. L. Lat. [from L. Fr. meller, q. v.] In old Scotch law. Dissension; contest or strife. Skene de Verb. Sign. See Medletum. MEMBRANA. Lat. In the civil law. Parchment. Dig. 32. 52. MEMORANDUM. Lat. [from memorare, to remember.] To be remembered; be it remembered. A formal word with which the body of a record in the court of King's Bench anciently commenced: "Memorandum quod alias, scilicet termino," &c. and which has been literally translated in modern records, "Be it remembered that heretofore, to wit, in the term," &c. Towns. Pl. 486. Bohun's Instit. Legalis. 32. 2 Tidd's Pr. 719. The whole clause is now, in practice, termed, from this initial word, the memorandum, and its use is supposed to have originated from the circumstance that proceedings "by bill," (in which alone it has been employed) were formerly considered as the by-business of the court. Gilb. C. Pleas, 47, 48. The term memorandum is also sometimes applied to a special clause in an instrument, to which attention is particularly required, as in a policy of insurance; and it has now become an ordinary word signifying a brief note in writing of some transaction, or an outline of an intended instrument, or an instrument drawn up in a brief and compendious form. MEMORANDUM. A clause in a marine policy of insurance, declaring that certain enumerated articles, and any other articles that are perishable in their own nature, shall be free from average under a given rate, unless general, or the ship be stranded. 3 Kent's Com. 294, 295. 2 Phillips on Ins. 467. This clause was first introduced into the London policies in May, 1749. Id. note. MEMORANDUM. A writing required by the Statute of Frauds, to bind the parties to agreements in certain specified cases. 2 Kent's Com. 510. It may be either all on one paper, or on several papers, if sufficiently connected, and it must contain the substance of the agreement; that is to say, the parties, the consideration, and the subject matter, as well as the promise and signature. See Blackburn on the Contract of Sale, c. 4. MEMORANDUM CHECK. A check intended not to be presented immediately In old English law. A skin of parch- for payment; such understanding being ment. The English rolls are composed of denoted by the word mem. written upon several of these skins; and their contents it. But it has been held that the making are frequently distinguished according to of a check in this way does not affect its the skin on which they are written. Thus, negotiability, or alter the right of the Mag. Rot. Stat. membr. 40. Rot. Cart. holder to present it to the bank, and de |