Page:Black's Law Dictionary (Second Edition).djvu/751

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M 743 MACULARE  
M

M. This letter, used as a Roman numeral, stands for one thousand.

It was also, in old English law, a brand or stigma impressed upon the brawn or the thumb of a person convicted of manslaughter and admitted to the benefit of clergy.

This letter was sometimes put on the face of treasury notes of the United States, and signifies that the treasury note bears interest at the rate of one mill per centum, and not one per centum interest. U. S. v. Hardyman, 13 Pet. 176, 10 L. Ed. 113.

M. also stands as an abbreviation for several words of which it is the initial letter; as "Mary," (the English queen of that name,) "Michaelmas," “master,” “middle."

M. D. An abbreviation for "Middle District." in reference to the division of the United States into judicial districts. Also an abbreviation for “Doctor of Medicine."

M. R. An abbreviation for “Master of the Rolls."

M. T. An abbreviation for "Michaelmas Term."

MACE. A large staff, made or the pre-

cious metals, and highiy ornamented. it is used as an emblem of authority, and carried before certain public functionaries by a mace- bearer. In many legislative bodies, the mace is employed as a visible symbol of the dignity and coliecthe authority of the house. In the house of lords and house of commons of the British parliament, it is laid upon the table when the house is in session. In the United States house of representatives, it is borne upright by the sergeant-at-arms on extrunrdinanv occasions, as when it is necessary to quell a disturbance or bring retrac tory members to order. —Mnce-beater. In English law. One who

-' the mace before ccrluin functionaries. otiand, an officer attending the court of session, and usually called a “maccr"—1VIa.ceproof. Stcurc against arrest.—Macer. A mn(-c—|)e:u'cr; an officer attending the court of session in Scotland.

MACE-GREFF. In old English law. One who buys stolen goods, particularly food, knowing it to have been stolen.

MAC]-IDONIAN DEGREE. In Roman law. This was the Sonatas-oonsultum Macedmiun-um. a decree of the Roman senate, first given under Claudius, and renewed uu— der Vcspasian, by which it \vas declared that no action should be maintained to recover a loan of money made to a child who was under the panic potcshzs. It was intended to strike at the practice or usurers in making

loans, on unconscionable terms. to family heirs who would mortgage their future expectations from the paternal estate. The law is said to have derived its name from that of n notorious usurer. See Mackeld. Rom. Law, § 43' : Inst. 4, 7, 1; Dig. 14, 6.

MAGHECOLLARE. To make a warlike device over a gate or other passage like to a grate. through which scalding water or ponderous or offensive things may be cast upon the assailants. Co. Litt. 5a..

MACHINATION. Contriving a plot or conspiracy. The act of planning or contriving a scheme for executing some purpose, particularly an evil purpose; an artful design formed with deliberation.

MACHINE. In patent law. Any contrivance used to regulate or augment force or motion; more properly. a complex structure consisting of a combination, or peculiar modification, of the mechanical powers.

The term "machine." in patent law, includes

every mechanical device, or combination of me r-hanical powers nnd devices, to perform some function and produce a certain effect or result. But where the result or eifect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another. such modes, methods. or operations are called "processes." A new process is usually the result of discovery: a ma- chine, of invention. Corning v. Burden. 15 How. 252. 267. 14 L. Ed. 653. And see Pitts- burgh Reduction (‘o. v. Cowles Electric Co. (C. C.) 55 Fed. 316: \\’cs|:in_£liol|.'=e v. Boyden Power Brake Co.. 170 U. S. 537. 18 Sup. Ct. 70 . 42 L. Ed. 1138; Burr v. Dur_y'I=e. 1 “Hill 570. 17 L. Ed. 050: Steurns v. Russell. 85 Feed. 22, 29 C. C. A. 121; Wintermute v. Redington, 30 Fed. Cns. 370. —-Perfect machine. In patent Law. A perfectcd invention; not a perfectly constructed machine, but a machine so constructed as to embody all the essential elements of the invention in a form that would make them practical and operative so as to accomplish the result. But it is not necessary that it should accomplish that result in the most perfect manner, and be in a condition where it was not susceptible of 1 higher degree of perfection in its more mechan- ical constrnction. American Hide. etc. Co. v. American Toni. etc., Co., 4 Fish. Pat. Gas. 299. 1 F cd. Cns. 647.


MACHINERY. A more comprehensive term than “machine ;" including the appurtenances necessary to the norking of a ma- chine. Seavey v. Central Mut. F. Ins Co., 111 Mass. 540.

MACHOLUM. In old English law. A barn or granary open at the top; a rick or stack of corn. Spelman.

MACTATOR. L. Lat. In old European law. A murderer.

MACULARE. wound. Spelman.

In old European law. ’1.\1