Legal Term Dictionary

In old English law. The emolument or revenue coming to the king from the sea, which the sheriffs anciently collected, but which was afterwards granted to the admiral. Spelman.

In old English law. The emolument or revenue coming to the king from the sea, which the sheriffs anciently collected, but which was afterwards granted to the admiral. Spelman. Less...

In old English law. Marine increases. Lands gained from the sea. Hale, de Jure Mar. pt. 1, c. 4.

In old English law. Marine increases. Lands gained from the sea. Hale, de Jure Mar. pt. 1, c. 4. Less...

Pertaining to the sea or ocean or the navigation thereof; or to commerce conducted by navigation of the sea or (in America) of the great lakes and rivers. It is nearly equivalent to "marine" In many connections and uses; in others, the two words are used as quite distinct. -Maritime More...

Pertaining to the sea or ocean or the navigation thereof; or to commerce conducted by navigation of the sea or (in America) of the great lakes and rivers. It is nearly equivalent to "marine" In many connections and uses; in others, the two words are used as quite distinct. -Maritime cause. A cause of action originating on the high seas, or growing out of a maritime contract. 1 Kent, Comm. 367, et seq. -Maritime contract. A contract whose subject-matter has relation to the navigation of the seas or to trade or commerce to be con0 MARITIME ducted by navigation or to be done upon the sea or in ports. Over such contracts the admiralty has concurrent jurisdiction with the common-law courts. Edwards v. Elliott, 21 Wall. 553, 22 L. Ed. 487; Doolittle v. Knobe-loch (D. C.) 39 Fed. 40; Holt v. Cummings, 102 Pa. 215, 48 Am. Rep. 199; De Lovio v. Boit, 7 Fed. Cas. 435; Freights of The Kate (D. C.) 63 Fed. 720.-Maritime oourt. A court exercising jurisdiction in maritime causes; one which possesses the powers and jurisdiction of a court of admiralty.-Maritime interest. An expression equivalent to marine interest, (g. v.)-Maritime jurisdiction. Jurisdiction in maritime causes; such jurisdiction as belongs to a court of admiralty on the instance side.-Maritime law. That system of law which particularly relates to commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally. The law relating to harbors, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbors, property of ships, duties and rights of masters and seamen, contracts of affreightment, average, salvage, etc. Wharton; The Lottawanna, 21 Wall. 572. 22 L. Ed. 654; The Unadilla (D. C.) 73 Fed. 351; Jervey v. The Carolina (D. C.) 66 Fed. 1013.-Maritime Uen. A lien arising out of damage done by a ship in the course of navigation, as by collision, which attaches to the vessel and freight, and is to be enforced by an action in rem in the admiralty courts. The Unadilla (D. C.) 73 Fed. 351; Paxson v. Cunningham, 63 Fed. 134, 11 C. C. A. Ill; The Underwriter (D. C.) 119 Fed. 715; Stephenson v. The Francis Less...

Lat. A husband; a married man. Calvin.

Lat. A husband; a married man. Calvin. Less...

1. A character, usually in the form of a cross, made as a substitute for his signature by a person who cannot write, in executing a conveyance or other legal document. It Is commonly made as follows: A third person writes the name of the marksman, leaving a blank space More...

1. A character, usually in the form of a cross, made as a substitute for his signature by a person who cannot write, in executing a conveyance or other legal document. It Is commonly made as follows: A third person writes the name of the marksman, leaving a blank space between the Christian 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 manufactured goods to. distinguish them from others, appearing thus in the compound, "trade-mark."" 3. A token, evidence, or proof; as in the phrase "a mark of fraud."" 4. A weight used in several parts of Europe, and for several commodities, especially gold and silver. When gold and silver are sold by the MARK, It is divided into twenty-four carats." 5. 'A money of accounts in England, and In some other countries a coin. The English mark is two-thirds of a pound sterling, or 13s. 4d.; and the Scotch mark is of equal value In Scotch money of account. Enc. Amer. 6. In early Tentonlo 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 as the "mark," "gemeinde," "commune" or "parish" Also the land held in common by such a community. The union of several such village communities and their marks, or common lands, forms the next higher political union, the hundred. Freem. Conipar. Politics, 116, 117. 7. The word is sometimes used as another" form of "marque," a license of reprisals. -Demi-mark. Half a mark; a sum of money which was anciently required to be tendered In a writ of right, the effect of such tender being to put the demandant, in the first instance, upon proof of the seisin as stated in his count; that is, to prove that the seisin was in the king's reign there stated. Rose. Real Act. 216. -Ugh and low water-mark. See WATER-MARK.-Mark banco. See MARC BANCO. Less...

A penny anciently paid at the town of Maldon by those who had gutters laid or made out of their houses into the streets. Wharton.

A penny anciently paid at the town of Maldon by those who had gutters laid or made out of their houses into the streets. Wharton. Less...

A public time and appointed place of buying and selling; also, purchase and sale, Caldwell v. Alton, 33 111. 419, 75 Am. Dec 282; Taggart v. Detroit, 71 Mich. 92, 38 N. W. 714; Strickland v. Pennsylvania R. Co., 154 Pa. 348, 26 Atl. 431, 21 L. R. A. 224. More...

A public time and appointed place of buying and selling; also, purchase and sale, Caldwell v. Alton, 33 111. 419, 75 Am. Dec 282; Taggart v. Detroit, 71 Mich. 92, 38 N. W. 714; Strickland v. Pennsylvania R. Co., 154 Pa. 348, 26 Atl. 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 part of the day only, the other sides being occupied by temples, theaters, courts of justice, and other public buildings. Wharton.. The liberty, privilege, or franchise by which a town holds a market, which can only be by royal grant or immemorial usage. By the term "market" is also understood the demand there is for any particular article; as, "the cotton market in Europe is dull." -Clerk of the market. See CLERK.-Market geld. The toll of a market.-Market overt. In English law. An open and public market. The market-place or spot of ground set apart by custom for-the sale of particular goods is, in the country, the only market overt; but in London every shop in which goods are exposed publicly to sale is market overt, for such things only as the owner professes to trade in. 2 Bl. Comm. 449; Godb. 131; 5 Coke, 83. See Fawcett v. Osborn. 32 HI. 426, 83 Am. Dec. 278.-Market price. The actual price at which the given commodity is currently sold, or has recently been sold, in the open market, that is, not at a forced sale, but in the usual and ordinary course of trade and competition, between sellers and buyers equally free to bargain, as established by records of late sales. See Lovejoy v. Michels, 88 Mich. 15, 49 N. W. 901, 13 L. R. A. 770; Sanford v. Peck, 63 Conn. 486, 27 Atl. 1057; Douglas v. Merceles, 25 N. J. Eq. 147; Par-menter v. Fitzpatrick, 135 N. Y. 190, 31 N. E. 1032. The term also means, when price at the place of exportation is in view, the price at which articles are sold and purchased, clear of every charge but such as is laid upon it at the time of sale. Goodwin v. United States, 2 Wash. C. C. 493, Fed. Cas. No. 5,554.-Market towns. Those towns which are entitled to hold markets. 1 Steph. Comm. (7th Ed.) 130.-Market value. The market value of an article or piece of property is the price which it might be expected to bring if offered for sale in a fair market; not the price which might be obtained on a sale at public auction or a sale forced by the necessities of the owner, but such a 'price as would be fixed by negotiation and mutual agreement, after ample time to find a purchaser, as between a vendor who is willing (but not compelled) to sell and a purchaser who desires to buy but is not compelled to take the particular article or piece of property. See Winnipiseogee Lake. etc.. Co. v. Gilford, 67 N. H. 514, 35 Atl. 945; Muser v.Magone, 155 U. S. 240, 15 Sup. Ct. 77, 39 L. Ed. 135; Esch v. Railroad Co., 72 Wis. 229, 39 N. W. 129; Sharpe v. U. 8.. 112 Fed. 898, 50 C. C. A. 597, 57 L. R. A. &32; Little Rock Junction Ry. v. Woodruff, 49 Ark. 381, 5 S. W. 792. 4 Am. St. Pep. 51; Lowe v. Omaha, 33 Neb. 587. 50 N. W. 763: San Diego Land Co. v. Neale, 78 Cal. 63, 20 Pac. 372, 3 L. R. A. 83.-Market seld, (properly market geld.) In old records. The toll of a market. Cowell.-Publio market. A market which is not only open to the resort of the general public as purchasers, but also available to all who wish to offer their wares for sale, stalls, stands, or places being allotted to those who apply, to tbe limits of the capacity of the market, on payment of fixed rents or fees. See American Live Stock Commission Co. v. Chicago Live Stock Exchange. 143 111. 210, 32 N. E 274, 18 L. R. A. 190, 36 Am. St. Rep. 385; State v. Fernandez, 39 La. Ann. 538, 2 South. 233; Cincinnati v. Buckingham, 10 Ohio, 257. Less...

Such things as may be sold in the market; those for which a buyer may be 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 More...

Such things as may be sold in the market; those for which a buyer may be 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 sufficient. It is said to be not merely a defensible title, but a title which is free from plausible or reasonable objections. Austin v. Barnum, 52 Minn. 136, f>3 N. W. 1132; Vought v. Williams, 46 Hun (N. Y.) 642; Brokaw v. Duffy, 165 N. Y. 391, 59 N. E. 196; Todd v. Union Dime Sav. Inst, 128 N. Y. 636, 28 N. E. 504. Less...

In practice and conveyancing. 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.

In practice and conveyancing. 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. Less...

An English statute enacted in 1267 (52 Hen. HI.) at Marlbridge, (now called "Marlborough,") where parliament was then sitting. It related to land tenures, aud to procedure, and to unlawful and excessive distresses.

An English statute enacted in 1267 (52 Hen. HI.) at Marlbridge, (now called "Marlborough,") where parliament was then sitting. It related to land tenures, aud to procedure, and to unlawful and excessive distresses. Less...