Page:Black's Law Dictionary (Second Edition).djvu/769

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33. 13 L. Ed. 125; Holmes 17. Oregon & C. Ry. C0. (D. C.) 5 Fed. 77; in re Long Island, etc., Transp. Co. (I). C.) 5 Fed. Gilli; U. S. v. Bur- lington. etc.. Ferry Co. (1). O.) 21 Fed.

MARITUS. Lat. A hushand; rleil nion. Galvin.

8 l'IJfl.1‘-

MAEK. 1. A character. usually in the form of .1 cross. made as a substitute for his sigiiiilure by a person who cannot Write, in excauting a conveyance or other legal docu- ment It is commonly made as follows: A third peison writes the name of the marks- min. leaiing a bluuk space between the Ulirlsluin name and surname; in this space the latter traces the mark, or crossed lines, and above the mark is written "his," (or "her.") and below it, “mark."

2. The sign, writing, or ticket put upon munuhctured goods to distinguish them from others, appearing thus in the compound. “trade-mark."

3. A token. evidence, or proof; as in the phrase “ii mark of fraud.”

4. A “Flgllt used in several parts of u- rope and for several commodities. especially gold and silver. “-'hen gold and sliver are sold in: the mark, it is divided into twenty- four carats.

5. A money of accounts in England, and in some other countrics a coin. The English maik 1:: two-thirds of a pound sterling, or 1351. 4d : and the Scotch mark is of equal value in Scotch money of account Enc. Amer.

6. In early Teutonic and English law. A species of village community, being the lowest unit in the political system; one of the forms of the gens or clan, variously known us the “mm-is." “gemc¢'nde," “vom- -miim:." or “prLri'.sI1." Also the land held in cuiuinon by such a community. The union of several such village communities and their marks, or common lauds, forms the next higher political union, the hundred. Freeui. Compar. Politics, 116. 117.

'7. The word is sometimes used ‘Is another form of “marqiw," a. license of reprisais. —Demi—mark. Half 8 mark; a sum of money which “as anciently required to ‘be tendered in a writ of right‘, the eltect of such tender being to put the iicmandant, in the first instance, upon proof of the scisin as stated in his count; that is. to prove that the seisin was in the kin,-is reign there stated. Rust‘. RN11 Act. 216.

—High and low water-mark. See W'ATnn- M.mi;.—1!Iark Imncu. See l\IARC BANCO.

MARKEPENNY. A penny anclently paid at the town of l\{:iidon by those who hud gutteis laid or made out of their houses into the streets. Wharton.

MARKET. A public time and appointed place of buying und selling; also purchase and sale. C iducil v Alton. 33 Ill. 41%;, 75 Am. DEL‘. Tog-gart v. DeLl'oit, 71 Mich.



92, 38 N. W. 714; Strickland v. Pennsyl- vania R. 00.. 154 Pa. 348, 26 AH. 431, 21 L. R. A. 224. it differs from the forum, or market of antiquity, which was a. public market-place on one side only, or during one pait of the day only, the other sides being occupied by temples, theaters. courts of justice, and other public buildings. Wharton.

The liberty, privilege, or finiichlse iiy which :1 town holds a market, which can only be by royal grant or lmmemurlal usage.

By the term “marke " is also understood the demand there is for any particular article: as. “the cotton market in Europe is dull."

—Clerk of the market. See CLmm. Market geld. The toll of a nmrket.—Mar- ket overt. in English law. An open and public murket. The market-place or spot of ground set apart by custom for the sale of particular goods is, in the country, the only ninrket court; but Ln London every shop in which goods are exposed piibiiciy to sale is market overt, for such things only as the owner pro- fesses to trade in. 2 . Comm. 4-49: odb. 131: 5 Cake, 83. See Fawcett v. Oshorn. 32 Ill. 426, S3 Am. Dec. S.—1tIax-ket price. The actual price at which the given cnmmnrlirv is currently sold, or has recently been sold, in the open mnrlset, that is. not at a forced sale. but in the usual and ordinary course of trade and compeliiion, between sellers and huyers equally free to hargnio, as established by records of late sales. See Lovejoy v. Michels 3 Mich. 15, 49 N. W. 901, 13 . R. A Sanford v. Peck, 63 Conn. 486. '27 Atl. 1 Douglas v. Mcrcelcs. 25 N. J. Eq. 1-17: 1'1 - I]]('Eli€l' v. Fitzpatrick, l35 N. Y. 190. 31 N. E 1032. The term also means, when price at the place of exportation is in view, the price at Wl)lCl1 articles are sold and urchased, clear of every charge but such as is aid upon it at the time of sale. Goodwin v. United States, 2 Wasl.l. C. C. 493. Fed. Cas. No. 5.554i—!\Inl'- ket towns. Those towns which are entitled to hold markets. 1 Stcph. Comm. (1th Ed.) 130.—Market value. The market value of an article or piece of property is the price which it might he expected to hring if olfered for sale in a fair market; not the price which might be ohtuini-ii on a sale at public auction or a sale forced by the necessities of the owner, but such a. price as would be lived by [It-.’.‘I0!ll1fi0l1 and mutual agreement, after ample time to find n pllrclmscr, as hr-tween a vendor who is uiiiiug (but not compelled) to soil and a purchaser who dcsircs to buy but is not compelled to take the particular article or piece of properly. See Winnipiseo::s-e Lake etc... Co. v. Gilford. 67 N. iilusar v. ‘l:|"l'\l'iE, '

. . .— . 1. Junction R3. v. \m. St.

57 L. R. A 9. : Littlc \

W0ndruE, 49 Ark. 391, 5 S. ‘V. 792. 4 Rep. 51: Lone 11. Omaha. 33 Nah. 59'.’ ‘10 N. ‘V. 763: San Diego Land Ca. v. Neale, 78 Col.

6')’, 20 Pnc. 372. 3 L. R A. §"i—1VIax-ket zeld, (properly marlret gclrl.) in old rccords. The toll of It nmrltet. Cowell.—Pnblln market. A -market which is not only open to the resort of the general public as piircliasers, but also nvuilnlile to all \\li0 wish to offer their wares for sale, stoiis. stands, or places being nliotti-d to those who apply. to the limits of the capacity of the maiket. on payment of Fixed renls or fecs_ See American Livc Stock Commission Co. v. (‘hicngo Live Stock Excliange l 3 liL 210, 32 . . 2" __ 18 L. R. A. 190, 3b’ Am. 35:"); State v. Fernandez, 39 La. Ann. i. , Oout ‘Z3; Clncinnuti v. Buckinghnin, i0