Page:Black's Law Dictionary (Second Edition).djvu/770

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MARKETABLE

MARKETABLE. Such things as may be sold in the market: those for which a. buyer may he found.

—Marketable title. A “marketable title" to land is such a title as a court of equity, when asked to decree specific performance of the contract of sale, will compel the vendee to accept as suificient. It is said to be not merely a defensible title, but B. title which is free from plausihie or reasonable objections. Austin v. Barnum. 52 1\Iinn. 1313. 5-3 N. W. 1132: Vought v. “fiiliums. -iii Hun (N. Y.) 642; Brokaw v. Dulfy. 1155 N. Y. 391. 59 N. E. 196: Todd v. gngtgi Dime Say. inst.. 128 N. Y. 636, 28 N.

MARKSMAN. In practice and convey- ancing. One who makes his mark; a person who cannot write, and only makes his mark in executing instruments. Arch. N. Pr. 13; 2 Chit. 92.

MARLBBJDGE. STATUTE OF. An English statute enacted in 1267 (52 Hen. Ill.) at Marlbridge, (now called “Marlbor- ough,") Where parliament was then sitting. It related to land tenures, and to procedure, and to unlawful and excessive distresses.

MARQUEE AND REPRISAL, LET- TERS 0!‘. These words. “m.1rque" and "relirisal." are frequently used as synony- mous, but. taken in their strict etymological sense, the latter signifies a “taking in return ;" the former, the passing the frontiers (vmhrchcs) in order to such taking. Letters of marque and reprisal are grantable, by the law of nations, whenever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs; and the party to whom these letters are granted may then seize the hodies or the goods of the sub- jects of the state to which the offender be- lo1‘l_ZS. until satisfaction be made, wherever they happen to be found. Reprlsuls are to be granted only in case of a clear and open denial of justice. At the present day, in consequence partly of l‘.I'B’ltlES and partly of the practice of nations, the making or reprlsals is confined to the seizure of commer- cial property on the high seas by public cruisers, or by private cruisers specially authorized thereto. Brown.

MARQUIS, or MARQUESS. In English law. One of the second order of nobility; next in order to s. duke.

MAEQUISATE. qu is.

The scigniory of :1 mar-

MARRIAGE.}} Marriage, as distinguished from the agreement to marry and from the act of becoming married. is the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex. 1 Blsh. Mar. &

762

MARRIAGE

Div. 5 3. And see State v. Fry, 4 Mo. 126: Motl. v. Mott. 82 Cal. 413, fl Pac. 11-10: Reynolds v. U. S., 98 U. S. 165, 25 L. Ed. 2-1-l; Maynard v. Hill, 125 U. S. 190. 8 Sup. Ct. 723. 31 L. Ed. 654; Wade v. Kulbfieisch. 53 N. Y. 284. 17 Am. Rep. 250; State v. Blttick. 103 M0. 183. 15 S. W. 327. 11 L R. A. 587: 23 Am. St. Rep. S69: Allen v. Allen. 73 Conn. 54. 40 At]. 242. 49 L R. A. 142, 84 Am. St. Rep. 135.

A contract, according to the form prescrihed by law, by which a man and woman, capable of entering into such contract. mutu- ally engage with each other to live their whole lives together in the state at union which ought to exist between a husband and wife. Shelf. Mar. & Div. 1.

Marriage is a personal relation srisin out of a civil contract. to which the consent 0 parties capable of making it is necessary. Consent alone will not constitute marriage; it must he followed by a solcmnization, or by a mutual assumption of marital rights. duties, or obligations. Civil Code Cal. 5 55.

lilarn ge is the union of one man and one woman. ‘so long as they both shall liie," to the exclusion of all oihertt by an obligation which. during that time, the parties cannot of their own volition und act disaoive, but which can be dissolved only by authority of the state. Roche v. WashinL:ton. 19 Ind. 53. 81 Am. Dec. 376.

The word also signifies the act, ceremony, or formal proceeding by which persons take each other for husband and wife.

In old English law, marriage is used in the sense of "maritapium.” (q. v1.,) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.

—Avs.l1 of marriage. See that title.—Con:- u1on—1a.w marriage. See C0l\[hi0N L.uv.— Jactitation of marriage. See JAU'l'l'I‘A'l'ION. —Mn1-risge articles. Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement. to be drawn after marriage. Ath. iilar. Sett. 92.—Ma.1-tinge hroknge. The act hy which a third person, for a consideration. negotiarts :1 marriage between a man and no- man. The money paid for such services is al- so known by uis name. Hellen v. Anderson, 33 ill. App. 50.‘); White v. Equitable Nuptial Ben. Union, 76 Ala. 251. 52 Am. Rep. 5. —l!Is.x'x'Inge ceremony. The form. religious or civil, for the solemnization of a marriage.- Marriage consideration. The consideration furnished by an intended marriage of two persons. It is the highest consideration Lnown to the law.—l\(a1-rings license. A license or permission granted by public authority to persons who intend to intermnrry. By statute in some jurisdictions. it is made an essential pre- !‘EK]\]lSlll" to the lawful solemnization of tile marriasa.—Marria..g-e-notioe book. A hook kept. in England, by the re;.'ist’ral'. in which applications for and issue of rcg-istrar‘s licenses to marry are reoorvled.—lV[nrx-isge portion. Dowry: a sum of money or other propcrty which is given to or settled on a woman on her marriage. In re Croft. ‘[62 Mass. 22, 37 N. E. 7.91- Mnn-inge promise. Betrothal: engagement to intormarry with another. Pen-v v. Orr. 35 N. J. Law, 296.—Ma.rriags settlemnent. A written agreement in the nature of a convey- ance. called a "settlement." which is made In contemplation of a proposed marriage and in

consideration thereof. either by the parties about