Page:Black's Law Dictionary (Second Edition).djvu/757

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MAKE

cute; as to make an issue, to make oath, to make ll. presentment.

2. To do in form of law; to perform with due formalities; to execute in legal form: as to make answer, to make a return.

3. To execute as one's act or ohilgation; to prepare and sign; to sign. execute, and delizer; as to make a conveyance, to make a note.

4. To conclude, determine upon. agree to, or execute; as to make a contract.

5. To cause to happen by one's neglect or omission: as to make default

6. To make acquisition of; to procure; to collect; as to make the money on an exe— cution.

7. To have authority or influence; to sup-

port or sustain; as in the phrase, “This precedent makes for the plaintilii" —Mnke an assignment. To transfer one’s property to an usslgnee for the benefit of one's creditor-s.— also an award. To form and publish a judgment on the facts. Hoff v. 1‘a_v- lor, 5 N. J. Law, 8-?3.—Mnke a contract. To agree upon, and conclude or adopt. a contract. In case of a, written contract, to reduce it to writing, execute it in due form, and deliver it as binding.—Make default. Tn fail or be wanting in some legal duty: particularly, to omit the entering of an appearance when duiy summoned in an action at law or other judicial proceeding, to neglect to obey the com- mum} of a SIll)])<.El.|fl. etc —Make one’s faith. A Scotch phrase, equivalent to the old English phrase, “to make oue's law."

MAKER. One who makes. frames, or ordains: as a “law-maker.” One who makes or executes; as the maker of a promissory note. See And v. Magruder, 10 Cal. 290; Sawyers v. Campheli, 107 Iowa, 397, 78 N. W. 56.

MAKING LAW. In old practice. The formality of denying a plaintiff's charge under oath, in open court, with com1-urgators. One of the ancient methods of trial, frequently. though iilaccuratcly. termed "wagim law,” or “wager of law." 3 Bl. Comm. 341.

MAL. A prefix meaning bad, wrong. fraudulent: as maiadmlnistration, malpractice malxeisation. etc.

MAL GREE. L F‘r. Against the will; without the consent. ilence the single word “malgre," and more modern "maugre,” (11. 11.)

MAL-TOLTE. Fr. In old French law. A term said to have arisen from the usurious gains of the Jews and Lomhards in Lhelr management of the public revenue. Steph. Leer. 3'72.

MALA. Lat. Bed; evil; wrongful.

—Mnla fides. Bad faith. The opposite of Iona fidea, g. u.) Mold fidc, in bad faith. Mala fidei possessor, a possessor in bad faith.

749

MALEFICIA NON DEBENT

Muckeid. Rom. Law, I Nl.—Mala in se. Wrongs in thenlsclves; acts morally wrong‘. offenses against conscience. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8: Cum. v. Adams, 114 Mass. 3'33. 19 Am. Rep 362 rner v. Mer- ('ii:iuls' Bank, 126 Ala .~‘.‘)7, 28 South. -"169.-— Mala praxis. Mdiprnct cc: unskiiitul management or treatmenl Particularly applied to the neglect or nnskillfui management of a physician. surgeon, or npothecarv. 3 Bi omm. 'l'_‘2.—1VIaJa prohibits. Prohibited wrongs or oflonscs: acts which are made offensea by positive ia s, and prohibited as such. BL Comm. of, 58; 4 Bl. Comm. 8.


Mala g-rammstica. non v-ltlat eluu-tam. Sea in expositione inst:-umentor-um mnln grammatica. quoad fleri possit ev-itanda est. Bad grammar does not vitiate a deed. But in the exposition of instruments. bad grammar, as far as it can be done, is to be avoided. 6 Coke, 39; Broom, Mex. 686

MALADMINISTRATION. This term is used. in the law-hooks, interchangeably with mix-administration, and both words mean “wrong administration." Iliinkler v. State, 14 Neb. 183. 15 N. W. 331.

MALANDRINUS. In old English law. A thief or pirate. Wals. 338.

MALARY. In Hindu law. Judicial; he- longing to a judge or magistrate.

MALBERGE. A hill where the people assembled at a court, like the English assiz- es: which by the Scotch and Irish were called “parley hills." Du Cange.

MALCONNA. In Hindu law. A treasury or store-house.

MALE. 01' the masculine sex; of the sex that begets young.

MALE CREDITUS. In old English law. Unfavorahiy thought of; in had repute or credit. Bra:-t. fois. 116. 154.

Maledictn est expositio quse carrun:- pit textum. That is a cursed interpretation which corrupts the text. 4 Coke. 35a; Broom. Max. (‘.22.

MALEDICTION. A curse, which was nncieutiy annexed to donations of lands made to churches or religious houses. against those who should violate their rights. Cowell.

MALEFACTION. A crime; an offense.

MALEFACTOR. He who is guilty, or has been convicted, of some crime or offense.

Maleflein non dehent remanera impunita; et hupunltas continuum affectiun trilmit delinquenti. 4 Coke, 45. Evil deeds ought not to remain unpuuished; and impunity affords continual incitement

to the delinquent.