Page:Black's Law Dictionary (Second Edition).djvu/774

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MATRICULATE

society, whereof a list was made. Hence those who are admitted to a college or unl- versity are said to be "matriculated." Also a kind of almshouse, which had revenues appropriated to it, and was usually built near the Church whence the name was given to the church itself. Wharton.

MATRICULATE. To enter as a student in a univeisity.


Mutrimnnia delzent esse libel-a. Marriages ought to be free. A maxim of the Cllil law. 2 Kent, Comm. 102.

MATRIMONIAL. Of or pertaining to iiiiiti'iiiiouy or the estate of marriage.

-—1\1-atrinionial causes. In English ecclesias- Liciii law. Causes of action or Il]_|ul'ieS respecting the rights of marriag . One of the three divisions of causes or injuries cognizable by the ecclesiastical courts, comprising suits for jacti- Laiion of mifrriiige, nnii for restitution of con- Jugal iights. diiui-ces, and S|llL! for alimony. 3 Ill. Comm. 924)}; 3 staph. Comm. 71 -1. —Matrimonial cohabitation. The l ing together of a man and woman ostcusihly as husband and wife. Cox v. State. 117 Ala. 103, '.'.3 South. 806, 41 L. R A. 760, (37 Am. St. Rep. 166; Wili_-ox v. “IlCOX, 46 Hun (N. Y.) 37. Also the liiing together of those who are legally husband and wife, the term carrying with it. in this sense, an implication of mutual rights and duties as to sharing the same hi1hitn— tion. Forster v. Foister. 1 H13 Consist. 14-}; U. S. v. Cannon, 4 Utah, 122, i I'ac. 309.

MATRIMONTUM. Lat. In Roman law. A ieyil mari'l:«i.ge, cuiitracted in strict accor¢l.ince with the forms of the older Roman lair, i‘. e., either with the fizneum, the cocm1ili'a, or by us-us. This was allowed only to Iloiiian citizens and to those neighboring peoples to whom the right of conriubium had been conceded. The effect of such :1 marriage was to bring the wife into the menus. or marital power, of the husband, and to create the patria potestiuz over the children.

Matrimonium sulzsequens tnllit pecontum praacedena. Subsequent marriage cures preceding criminality.

MATRIMONY. l\isirria:;e, (a. v..) in the sense of the relation or status. not of the ceremony.

MATRIX. In the civil law. The proto- ml or first draft of a legal Instrument, from which aii copies must be taken. See Downing v. Dlaz, 80 Tex. 486, 16 S. W. 53.

MATRIX ECCLESIA. Lat. A mother church. This term was anoiently applied to a cathedral. in relation to the other churches in the same see, or to a parochial church, in relation to the chapels or minor churches attached to it or depending on it. Blount.

MATRON. A married woman; an elderly woman. The female superintendent of an establishment or institution, such as a

766

MAUGRE

hospital, an orphan asylum. etc., is often so called.

MATRONS, JURY 01‘. Such a jury is impaneied to try it a woman condemned to death he with child.

MATTER. Facts; substance as distin- guished from form; the merits of a case.

—Matter in controversy, or in dispute. The SIIHJECC of litigation: the matter for which a suit is brought and upon wi' -h issue is ed. Lee v. Wnlson, 1 Wall. 3m. 17 L. Ed. oai. —lVIattex- in deed. Such matter as may be pl‘OVL‘(l or cstahlisbed by a deed or specialty. Matter of fact. in contradistinction to ni-.iti.er iii law. Co. Litt. .-320: Staph. Pl 19'i'.—Matter in issue. That upon which the pliiinuft R)- ceeds in his action, and which the defen not ccntroverts by his pleadings, not including facts offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec 675. Thi.i.t ultimate fact or state of fans in dispute upon which the verdict or findini: is predicated. Smith v. Ontario (C. C.) 4 Fed. 336 See 2 Black, Judgin. § 614, and cases cited.-—JMntter in pals. Matter of fin: limit is not in writing; Lhiis distingiiished frun-i muter in deed and matter of record: niiilier thiil must be proved by purol eviilence.—NIatter of course. Anilliing done or taken Ln (lie cuuise of routine or usual procedure, which is permissible and valid without being specially up for and allowed.—Mntter of fact. at which is to be ascertained by the senses, or by the testimony of witnesses describing what they hnve pt-rceii-ed. Distinguished from matter of law.—Ma.ttez- of form. See For-ii.—Matter of law. “'hatever is to be ascertained or decided by the application of statutor rules or the principles and determinations of the law, as distiimuished from the ini-estigrition of particular facts, is called “matter of law."—Matter of record. Any judicial matter or proceeding entered on the records of a court, and to he proved by the production of such record. It differs from matter in deed, which consists of facts which may be proved by specialty.- Matter of substance. That which goes to the merits. The opposite of matter of form. —Matters of subsistence for man. This phrase coinprehends all articles or things.whetli- er animal or vegetable, living or dead, which are used for food, and whether they are consnm~ ed in the form in which they are bought from the producer or are only consumed after undergoing a process of preparation, which is greiter or less, according to the character of the article. Sledd v. Com., 19 Grnt. (Va.) 813.

Matter in ley no sen-a mine in Izoutche

12] jurors. Jenk. Cent. 1S0. Matter of

law shall not be put into the mouth of the jurors.

Matnrlora aunt vats miiliernm quam vi:-ox-um. G Coke, 71. The di-shes of wo- men are more iuature than those of men: 1. e., women arrive at maturity earlier than men

MATURITY. In mercantile law. The time when a bill of exchange or promissory note becomes due. Story, Bills, § 329. Gil- bert v. Sprzigue, 88 111. App. 508: Whecleas v. Williams, 62 Miss. 371, 52 Am. Rep. 190.

MAUGRE. L. Fr. In spite of ; against

the will of. Litt. § 672.