Page:Black's Law Dictionary (Second Edition).djvu/773

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MASTER

court of chiincery, who holds a separate co_urt ranking next to that of the lord chancehor. and has H-e keoping of the rolls and grants which use the great seal, and the records of tin «L in-r IIe was originally appointed oi-l_r 'w-v th- supcrintendence of the Wl‘li.S und rum-J» .i|i])el‘|.flll'lll1g to the common-low depart- lum --f “in "0l]l'[, and is still properly the chief Di Lie nu :ers in Chancery. 3 Steph. Comm. -117 [Tmier the act constituting the supreme mar: nf _,|urllcature, the master of the rolls bemm-‘ a Judwe of the high court of justice and no e,-iv in a member of the court of nppc-n_l._ The

- I4 I, however provides for the ahohtion of 9 2. under certain conditions, yshen the nncy occurs. Sec-. 36 & 37 Vict c. 06. —Masters of the supreme court. officiiils deriiing their title from Jurl. Kifficers) Act 1379, and bcii1:'. or flilin" the plices of the sixteen maslois of the Lanmon-law courts, the queen's coroner and IiXluI”l“)', the master of the crown oiiiu.-, the mo ii-'Ol'(l and writ clerks and the thrne assu- da-tu. “’hai'ton.—Master of the Temple. ‘IL: thief eeclcsiustir-nl functionary of the Templ! (‘huivli—1i‘[astcr's report. The_ formal rm,-vrt or statement made by a master in ¢hannr_v_ of his decision on any question refcircd in him, or of any facts or action he has been dll'(‘1 ted to ascertain or take.—Special master. A l.|:pSi‘Pl' in Chancery appointed to act as the reprwsentative of the court in some particular act or tr.'1ns.icfinn. ns, to e 11 sale of prop- erty under a decree. Guaranty Trust, etc., 08

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v. Di-lta & Pine [Aiiid Cu., 104 ed. 5, C. A. 3'15; Pewahic Min. Co. v. Mason, U. S. 349. 12 Sup. Ct. 887. 36 L. Ed. _ —'l‘axing masters. Ofliuzrs of the English supreme court, who examine and allow or dis- allow items in hills of costs.

MASURA. In old records. A decayed house; a wall; the ruins of a building; a certain quantity of land. about four oxgangs.

MATE. The ofhcer second in command on a merchant vessel. Ely v. Peck, 7 Conn. 2-12: Mlllaudun v. Martin. 6 Rob. (La.) 539. MATEIDTAGE.}} In French law. The hire of a ship or boat.

MATER-PAMILIAS. Lat. In the civil law. The mother or mistress of a family. A chaste woman, married or single. Galvin.

MATERIA. Lat. In the civil law. Materials; as distinguished from species. or the /orm given by lahor and skill. Dig. 41, I, 7. 7-12; Fletfl. lib. 3. C. 2. § 14.

Materials (wood) for building, as distin- guished from “lignmn." Dig. 32, 55. pt.

In English law. Matter; substance; suhject-matter. 3 Bl. Comm. 322.

MATERIAL. Important; more or less necessary; having influence or eflect; going to the merits; having to do with matter, as distinguished from form. An allegation is said to be material when it forms a subsum- tive part of the case presented by the pleading. Evidence offered in a cause, or a question propounded, is material when it is rele- vant and goes to the substantial matters in dispute, or has a legitimate and effective

765

MATRICULA

influence or hearing on the decision of the case.

—Matexinl allegation. A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaiin: it insuili lent Iiusk v. Perkins, 48 Ark. 247, 2 S. W 8-l7: Gilison v. Price, 18 Nev. 100, 1 Pac. 459. A material alteration in any written instrument is one which changes its teuur, or its legal incan- iiu; and eficct: one which causes it to speak a langua.r.ve lliffcrent in effect from that which it oiisinally spoke White v. H ' . 69 S. G. 65. 48 S. E. 41. 10-1 Am. 1; Fox- uorthy v. Colhv. G4 Neh. 216. 89 . . . , 62 L R. A. ; Oignn v. Allison. 9 llaxt. I1‘enn.) 402.—Mntefial fact. 5 i‘). - Matcrial—ma.n. A person who has "n ..~h -i in.-arr-rials used in the rnnsrr etion or )‘e’1II‘ of a building, suuctui-c, or \ < - Sec Curlett v Aaron 6 Iluust. (l)i=l.) 4T\.


MATERIALITY. acter of helug material.

The property or char- See MATERLAL.

MATERIALS. The substance or matter of which anything is made; mutter furnished for the erection of a house, ship, or other structure; matter used or intended to be used in the construction of any mechanical product. See Moyer v. Pennsylvania Slate C0., 71 Pa 293.

MATERNA MATERNIS. Lat. A max- im of the French law, signifying that prop- erty of a decedent acquired by him through his mother descends to the relations on the mother's side.

MATERNAL. That which belongs to.

or comes from, the mother: as maternal authority, maternal relation, maternal estate, maternal line. —Mnterna1 property. That which comes from the mother of the party, and other ascend- ants of the maternal stock. Doni. Liv. Prél. t. 3, s. 2. no. 12.

MATERNITY. state, or condition

The character, relation. of a mother.

In the civil law. Lust.

Let. a mother's sister. 681:.

MATERTERA. A maternal aunt; 3, 6. 1; Brad. fol. ——]!Iater:-tern mag-na. A great aunt; a grand- mother's sister. (a-vim aoror.) Dig. 33, 10. 10, ]5.—Matertera major. A greater aunt: a great-grandmother's sister, (proavia aorar;) a father's or mothers great-aunt. lpatvis «val matrix «mxitertora magna.) Dig. 38. 10, 10. 16. —lVLa.te1-tern maxiiun. A greatest aunt: a great-gi'eat-grandmother's sister. (ulJu«z'1'w aoror :) In father's or mother's greater aunt. ( atria vcl matrix mtztcrtera in-oior.) Dig. 38, 1 . 10. 17.

MATHEMATICAL EVIDENCE. See EVIDENCE.

MATRICIZDE. The murder of a mother; or one who has slain his mother.

MATRICUIA. In the Civil and old English law. A register of the admission of officers and persons entered into any body or