Page:Black's Law Dictionary (Second Edition).djvu/771

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MARRIAGE

to interrnnrry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled. t. e.. fixed or iim— itcd to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to the husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life. re- -neinder over to the issue, or otherwise. Such setlicmonts may also he made after marriage, in which case they are called "post-nu1itlal."— ‘ ed marriage. A marriage between persons of different nationalities; or. more phr- licuiarly, hetncen persons of different racial origin; us between a white person and a negro or -in Indlan.—1VIm-gnnatic marriage. The lawful and inseparable conjunction of a man. of noble or illustrious birth, with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance but he contented with a certain allowed rank assigned to them by the murganntir contract But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement. It must be considered as u just marriage. The marriage ceremony was regularly performed; the union was indissoluhlc; the children legitimate. Whnrton.—P1rirs.l marriage. In general, any higsmous or polyga niuus union, but particularly. a second or subsequent marriage of a man who already has one wife living, under the systl-m of polygamy as practised by Mormons. See Freil v. Wood, 1 Utah, 163.—Scotch marriage. A marriage contracted without any formal solemnization or religious coremony, by the mere mutual agreement of the parties per norbu do pm semi in the presence of witnesses, recognized as valid by the Scottish law.

MARRIED WOMAN. A woman who has a husband living and not divorced; a feme covert.

MARSHAL. In old English law. The title borne by several officers of state and of Ilie ll1W, of Whom the most important were the following: (1) The earl-marshal, who presided in the court of chivalry; (2) the marshal of the kings house, or knlght-marshal, whose special authority was in the king's palace, to hear causes between members oi! the household, and punish faults committed within the verge; (3) the marshal of the king's hench prison, who had the custody of that jail; (4) the marshal of the excliequer, who had the custody or the is debtors: (5) the marshal of the judge of nssize, whose duty was to swear in the grand jury.

In American law. An officer pertaining to the organization of the federal judicial system, whose duties are similar to those of a sheriff. Ile is to execute the process of the United States courts within the district for which he is appointed, etc.

Also. in some of the states, this is the name of an officer of police, in a city or borough, having powers and duties corresponding generally to those of a constable or sheriff.

—-lVIars1ia.l of the queen’: bench. An of ficer who had the custody of the queen’: bench

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MARTIAL LAW

prison. The St 5 & 6 Vict. c. 22, abolished this oilice, and substituted on officer called "keeper of the queen's prison."

MARSHALING. Arranging, ranking. or disposing in order; particularly, in the case of a group or series of conflicting claims or interests, arranging them in such an order of sequence, or so directing the manner of their satisfaction, as shall secure justice to all persons concerned and the largest possi- ble meiisure of satisfaction to each. See sub-titles infra.

—Mnrshaling assets. In equity. The arrunning or ranking of assets in the due order of administration. Such an arrangement of tindiderent funds under administration as shall enable all the parties having equities therein to receive their due proportions, notwithstanding any interwning interests, liens, or other claims of particular persons to prior satisfaction out of a portion of these funds. The arrangement or ranking of assets in a certain order towards the payment of debts. 1 Story, Eq. Jur. § 558; 4 Kent, Comm. 421. The arrangement of assets or claims so as to secure the proper application of the assets to the various claims; especially when there are two dasses of assets, and some creditors can enforce their claims against both, and others against only one, and the creditors of the former class are compelled to exhaust the assets against which they alone have a claim before having recourse to other assets. thus providing for the settlement of ns man’ clnims as possible. Pub. St. i\Iass. p. 129".— ax-slisling liens. The ranking or ordering of (s'(:\('l'al sstates or parcels of land. for the satisfaction of a judgment or mortgage to which they are all liable. though successive- ly conveyed away by the debtor. The rule is that where lands subject to the lieu of a judgment or mortgage have been sold or incunibercd by the owner at different times to different pur- chasers, the various tracts are liable to the satisfaction of the lien in the inverse order of their alienation or incumlirance, the land last sold hcing filst chargeable. 1 Black. Judeni. I 440.—Marshs1ing securities. An equitable practice, which consists in so ranking or arranging classes of creditors, with respect to the assets of the common drhtor, as to provide for satisfaction of the greatest number of claims. The process is this: Where one class of cred- itors linve liens or securities on two funds, while another class of creditors can resort to only one of those funds. equity will compel the doubly- secured creditors to fiist exhaust that fund which will leave the single security of the other creditors intact. See 1 Story, Eq. Jur. § 633.

MARSHALSEA. In English law. A prison belonging to the king's bench. It has now been consolidated with others, under the name oi! the “King's Prison." —lVIaz-shslsea. court of. The court of the Marshnlsea hiid jurisdiction in actions of debt or torts, the cause of which arose within the verge of the royal court. It wus abolished by St. 12 Ex 13 Vict. c. 101. 4 Steph. Comm. 317, note

MART. A place of public trnilic or sale.

MARTE SUO DECURRERE. Lat. To run by its own force. A term applied in the civil law to a suit when it ran its course to the end without any hupedlment. Calvin.

MARTIAL LAW. A system of law, ob-

taining only in time oi! actual war and grow-