Page:Black's Law Dictionary (Second Edition).djvu/760

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MALT 75 and proceeding from ignorance. carelessness, want of proper professional skiil, disregard of established rules or principles, neglect, or a malicious or criminal intent. See Rodgers v. Kline, 56 Miss. 816. 31 Am. Rep. 389; ‘Tucker v. Gillette, 22 Ohio Cir. Ct R. 869; Alnhott v. Maylicid. 8 Kan. App. 387, 56 Psc. 327: Hibhard v. Thorupson. 109 Mass. 288. The term is cccasionuiiy applied to iawyers, and then means generally any evil practice in 2: professional capacity, but rather with reference to the court and its practice and process than to the client. See In re Baum. £15 rlun, 611, 8 N. Y. Supp. 771; In re .\‘ili:man, S8 App. Div. 102. 84 N. Y. Supp. 103'}; Cowley v. O'Connell, 174 Mass. 253, 54 N. E. 5:38.

MALT. A substance produced from bar- ley or other grain by a process of steeping in water until germination begins and then drying in a kiln, thus convening the starch into saccharine matter. See Hollander v. Magone (C. C.) 38 bed. 915; U. S. v. Cohn, 2 Ind. T. 474, 52 S. W. 38.

—Ma1t Liquor. A general term including all alcoholic beverages prepared essentially by the feuuentution of an infusion of mall: (:15 distin- guished from such liquors as are producmi by the process of distiilation), and particularly such beverages as nre made from malt and hops, like bror. ale, and porter. S:-e .-\il|c(l \. State. 89 Ala. ]_12, 8 South. 56 S te v. Gill, S9 Minn. 50;’, 9:) N. “Z 449; U. S. v. Ducournau (C. C.) 52-} Fed. 138: State v. Slapp. 2'.) Iowa, ' Snrlls v. U. S. 152 U. S. 570 14 Sup. Ct 38 L. ' . . 6.—Mnlt mu :1.

Mn1t—shot, or malt-5 for muking malt.


A quern or nmlt—mi cot. \ cer- l:uin payment Somupr Malt-tax. .-\n excise duty upon malt in 1

hand. 1 BL Comm. 313; 2 Steph. Comm. 58 .

MALTREATMENT. In reference to the treatment of his patient by a surgeon. this term signifies improper or unskiliful treat- ment; it may result either from ignorance. neglect or willfulncss; but the word does not necessarily imply that the conduct or the surgeon. in his treatment of the patient, is either WilifuiLv or grossly careless. Com. v. Hachett, 2 Allen (Mass) 142.

MALUM, n. Lat. In Itomnn law. mast: the mast of a ship. Dig. 50. 1?, pr. Held to be part of the ship. id.

A

0 :

MALUM, u d 1'. ed reprehensii-le.

—Mnlum in se. A wrong in itself; an act or case invoking illegality [mm the very nature of the transaction, upon pl‘lIJ(‘i1)leS of n.|tural_ moral, and public law. Story. Ag. § 341' An act is s1id to be mnlum. in se “hen it Is ]l]l1El'- ently and essentially evil, that IS, immurai in its nature and injurious in its consequences, without any regard to the fact of its being notxced or punished by the law nf the state. Such are most or all of the otlenses cogn‘

Lat. Wrong; evil; wick-

izable at common law, (witlmut the dcnonncemcnt of n

staI.ute:) as murder, larceny, etc.—Malnm prahibitum. A wrong prohibited: a thing which is wrong because prohibited; an act

which is not inherently immoral, but becomes so because its commission IS expressly forbid-

2

MANAGE

den_ by positive law; an act invciving an tile- gahty resulting from positive law. Contrast:-d with malum in 35. Story, Ag. § 346.

Malnm nun hnbet eflicientem, led deflcientem, canlnm. 3 Inst. Pl'oel.Ll. Evil has not an ellicient, but a deficient, cuusc.

Mnlum non przsnmitur. WiCl<Pdu$ is not presumed. Brunch, I‘rinc.; 4 Coke. 72a.

Malnm qno omnmunius en pejus. The more common an evil is, the worse it is. Branch, Princ.

Mains nsns nbolendns est. A bad or invulid custom is [ought] to be abolished. Litt. § 212; Co. Litt. 141; 1 Bl. Comm. 76; Broom, Max 921.

MALVEILLES. In old English law. 111 will; crimes and misdemeanors; malicious practices. Cowell.

MALVEIS PROCURORS. L. Fr. Such as used to pack juries, by the nomination of either party in a cause, or other practice. Cowell

MALVEISA. A warlike engine to hatter and heat down walls.

MALVERSATION. In French law. This word is appiied to an grave and pun- ishable fnults committed in the exercise of a charge or commission, (olhce,) such as corruption, exaction, concussion, larceny. Meri. Repert.

MAN. A human being. A person at the male sex. A male of the human species above the age of puberty.

In feudal law. A vassal; a tenant or rendatory. The Anglo-Saxon relation of lord amt man was originally purely personal, and founded on mutual contract 1 Spence, Ch. 37.

—Man of straw. See lllnn or Srnuw.

MANACLES. shack] es.

Chains for the hands;

MANAGE.}} To conduct; to carry on; to direct the concerns of a business or establish- ment. Generally appiied to affairs that are somewhat complicated and that iuvolve skill and judgment. Com. v. Johnson. 144 Pa 3 . 22 Atl. 703; Roberts v. State, 26 Fla 31-0. 7 South. Sill; Ure v. Ure, 185 I11. 216. 56 N. E. 1087; Yonngworth v. Jewell, 15 '\‘ev. 43; Watson v. Cleveland. 21 Conn. 541 ; ‘ihe Silvia. 171 U. S. -162. 19 Sup. Ci. 7, 43 L. Ed. 2-i1.

.-—ii/Ixumger. A person chosen or appointed to manage, direct, or administer the afiairs of an- other person or of a corporation or compa Com. v. Johnson, 14-1 Pa. 1: _ 22 .-‘lti. TD .

Oro Min. & Mill. Ca. v. Kaiser, 4 Colo. App.