Page:Black's Law Dictionary (Second Edition).djvu/753

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framed by the masters or prlnclpnl clerks of the chnncery. Brant. ‘tel. 41312; Crabh, Cum. Lain‘, 5-17, 548.

MAGISTRATE. A public officer belonging to the civil orgnnizzition of the state, und invested Wlth powers and functions which nwiy he elther jiiiliclal leglslatlve, or acm- liie

But the term is commonly used 111 a narrower tu~nv-- desL*nat.lng, in England, 3 persn-i iutrusted with the commission of the luv re and, ln Aiuerina, one of the class of inferior judicial officers, such as ju. ices of tho peace and police justlces. Martin v. State, 32 Ark. 124: kanlan v. Wright. 13 Pit‘!-‘. (l\l:iss.) 52$. 25 Am. Dec 344: Ex parie White. 15 Nev. 146, 37 Am. Rep. -ifili: Kurtz v. State. 23 Flu. 44. 1 Am. St. Rep. 173.

A iiingistinte is an officer having power to issue I1 Warrant for the nrrest of a person charged with a puhllc oflense. Pen. Code CnL § 807.

Tllfl‘ word "magistrate" does not necessarily

imply an officnr exerc sin: any judicial functiu : and might very \rcil he hcld to embrace no iiics and commissioners of ilenrls. Schultz v 'Merclinnts’ Ins. Co., 57 M0. 336. —Cl1.icf ma.gIst1'ate. The hizhcst or princi- pal executive officer of a state (the governor] or ol the United Shite: (the presidnnt.)—Committing mngistrate. An infclior judicial nfficnr who is invested with authority to conduct the pr inlinnry hearing of persons charged uitli ('TllllG, and either to discharge them for lock of sufiicient primn facie evidence or to commit them to jail to await triiil or (in some juris- di onsl to ncccpt hail nnd release them th e- nn.—-Polioe niagistrate. An inferior jn ollicer having jurisrliclion of minor criminal nlli-uses, hrc-ichcs of police rvgulations, and the like: so czillcd to distinguish them from l‘ll£|g- istrntes who have jurisdiction in civil cases :1]- ro, as justices of the peace. People v. Ciirley, 5 Colo. 416: ‘\IcDcrmont v. Dinnie, 6 N. D. 278 69 N. W. 295 —Stipend.ia1'y magistrntes. In Great Britain, the miigistrntes or pulice judges sittinzz in the cities and iai-ge luiins, and nppomteil by the home secretary, are so calievl, as _distinguishc(‘| from the jus- [ICPS of the peace in the counties who have the zintiioi-ity of magistrates.

MAGISTRATE’S COURT. In Amer!- Czlll law. Courts in the state of South Carolina. having exclusive jin-lsdiction in inattors of contract of and under trrentv dollars.

A local court in the city of PI)£l, pn sing the criminal jurisdiction of :1 110- ll('L court and civil jurisdiction in actions in- volving not more than one hundred dollars. It is not a court of record. See Const. Pa. art. 4, § 12.

MAGISTRATUS. Lat. In the Civil law. A magistrate. Calvin. A judlclal ofl-icer who had the power of hearing and determining chimes, but whose office properly was to lnquire into matters of law, as distinguished from fact. Hallifax, Clvil Law, b. 3, c. S.

MAGNA ASSISA. In old ELigl.i'sh law. The grand assize. Glanv. 11b. 2, cc. 11, 12.



MAGNA ASSISA ELIGENDA. An all- cient writ to summon four lawful knights -before the justices of assize, there to choose twelve others, with themseli es to constitute the gravid assizc or great juiy, to try the matter of right. The trial by grand .iss‘ize was instltuted by Henry II. in parliament, in nn alternative to the duel in a “tit of right. Abolished by 3 & 4 Win. IV. c. 27. Wharton.

MAGNA AVERIA. Great beasts, as horses, oien, etc. 580.

In old pleading. Cro. Jae.

MAGNA CENTUM. or six score. Wharton.

The great hundred,

MAGNA CHARTA. The great charter. The name of a Charter (or constitntionnl eu- uctinent) g-ranted by King John of England to the barons, at Runnymede, on June 15, 121-.':, and iifterivards, with some alterations, confirmed in parliament by Henry III and Edward I. This charter is justly regarded as the foundation of English constitutional llherty. Among its thirty-eight chapters are found provisions for regulating the administration of justice, defining the temporal and ecclesiastical jurlsdictions, securing the personal liberty of the subject and his rights of property, and the limits of taxation, and for preserving the liberties and prlviieges of the church. Mag/via ffhmia is so called, partly to distinguish it from the (Jha-rta. dc Fares-tn. which was granted about the same time, and partly by reason of its own transcendent importsince.

Magma Char-ta et Chiu-ta de Forests aunt appelés lea “deux grander charters." 2 Inst. 570. Magma, L‘ha.rta, and the Charter of the Forest are called the “two great charters."

MAGNA COMPONERE PILRVIS. To compare great things Wlth small things.

MAGNA CULPA. negligence.

Great tanit; gross


law. Great or gross negligence.

Magus negligentia. cnlpa est; magnn cnlpa. dulns eat. Gross negligence is tnult; gross fault is fraud. Dig. 50, 16, 226.

MAGNA PRECARJA. In old Engllsh law. A great or general reap-day. Cowell; Blount

MAGNA SERJEANTIA. In old English law. Grand serjennty. Fleta. Lib. 2, c. 4. § 1.

MAGNUM CAPE. Greut or grand cape. 418. See GRAND Cum

In old practice.

1 Reeve, Eng. Law.