Page:Black's Law Dictionary (Second Edition).djvu/752

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


MAD POINT

MAD POINT. A term used to designate the idea or suhject to which is confined the derangement of the mental faculties of one suffering from uionomania. 0\\ing's Case, 1 Biand (Md) 388, 17 Am. Dec. 311. See IN- BANITY.

MAD}: KNOWN. Where a writ of seire _fa«:m,.s- has been actusily served upon a defendnnt, the proper return is that Its contents have been "made known" to him.

l

MAIDMAN. An insane person. particu- larly one suffering from mnnia in any of its forms. Sold to be inappiicnhle to idiots (Coin. v. Haskell. 2 Brewst. [Pa.] 497); but It is not 11 technical term either of medlcine or the law, min is incapable of being applied with sclentlfic precision. See INSANITY.

MADNESS. See INSANITY.

MADRAS REGULATIONS. Certain regulations prescribed for the guxernruent of the Madras preshiency. Mozley & Whltley.

MEGBURGH. In Saxon law. Kindred; family. MEGBOTE. In Saxon law. A recom-

pense or satisfaction for the slaying or murder of a kinsmnn. Spehuan.

MERE. Famous; great; noted; as [El- mere, all famous. Gihs. Oamd.

M1!-:11.}Jl\tI.IUnA’. Timber: wood suitnlile

for building purposes.

MAGIC. In English statutes. Witch- craft and sorrow. MAGIS. Lat. More; more fully; more

in number; rather.

Magls do bnno qnam do male lex intendjt. C0. Litt 7SD. The i.|w favors a good rather than a had construction. Where the words used in an agreement are susceptible of two meanings, the one agreenhle to, the other against, the law, the former is adopted. Thus. a hond conditioned "to assign all offir-es" will be construed to apply to such offices only as are assignable. Chit. Cont. 78.

Magi: dlgnum trnhil: ad no minus dig- xmm. The more Worthy draws to ltself the less worthy. Yearb. 20 Hen. VI. 2, nrg.

MAGISTER. Lat. In I-Inglis]; law. A master or ruler; a person who has attained to some eminent degree in science. Cowell.

In the civil law. A title of several offices under the Roman Empire.

—Me.1:ister ad faonltutes. In English ec-

clesiastical law. The titie of an alheer who

744 MAGISTRALIA BREVIA

s

erniiy to those of :1 receiscr or

the h-vnefit of creditors under ‘ - See lllnclceld. Rom. Law § __ cancellni-iae. In old I~ of the Chancery: officern were s cause they we - priests.

eq_uJtum. Master of the hor office under the Human Emp e— lil_.wel.1n1-um. . er of requests othce under the lloninn Hmpir — .. ‘ 1iI._m. Master of the suit: the ]7Pl'a0ll ti-ms the s or its prosecution. or right so to d —Magister nnvis. In . law. The ni .tnr of a ship or rfilg. whom the cure of tlm “hole xessel ls mm

Cinl Law. 37 —Magister nncietntls. civil law. The master or ui:um;.'f!r nt : llPl‘FhIp: a managing partner or nvnfll ' e ni:m:\_£er snorially chosen by a i‘lri to ister the affairs of the partners!) n. I'artn. § 95.

Use is the u - Usage is n

Mngister l‘e1'lll'll mine. of (hill:-.’S. Co. Lltt. ‘.7290. clpal guide in przictlce.

Mngister rerun: nsua; mnglltrn I-er experientia. Use is the master of i experience ls the mistress of thing. Litt. 69. 229; Wing. Max. 752.

MAGISTERIAL. Relntlng or pertain] to the character, office, powers, or dutid 0 mngistrate or of the magistrscy. —MngistarinJ precinct. In some Age S[flItS, a ioc-11 snhdnision of a count . -;

' nl jurisdiction of jmliql of I peare and constables. Breclunridge Co. 1. Chicken, 61 Fed. 19-1, 9 C. C A. 442

.- I.‘ ea -- m -i 3 _~ 0

MAGISTRACY. This term may have more or less extensive sigalfitatiuxi ‘DVD I ‘ to the use and connection In which it 0 [ti its widest sense it Includes the whole I of public functionaries, whether their 0 be legdslntlve, judlcizu. executive, or ad .. istratlve. In a more restricted (nud nir- usual) meaning. it denotes the dnss of cers who nre charged with the almiiillfi and execution of the laws. 1n 3 still confined use, it designates the body of MCI‘ clul officeis of the lowest rank, and morelt peelnlly those who have jurisdiction for tfi trial and punishment of petty niisdumenuurs or the preliminnrv steps of a criminal prunecution. such as pollce judges and justiws of the peace. The term also denotes the officeof a magistrate.

MAGISTRALIA BREVIA. In old I?» lish practice. \la,r.rister1al wrlts; writs ado!-

ed to special cases, mid so called from being