Legal Term Dictionary

These words, "marque" and "reprisal," are frequently used as synonymous, but, taken in their strict etymological sense, the latter signifles a "taking in return;" the former, the passing the frontiers (marches) in order to such taking. Letters of marque and reprisal are grantable, by the law of nations, whenever the More...

These words, "marque" and "reprisal," are frequently used as synonymous, but, taken in their strict etymological sense, the latter signifles a "taking in return;" the former, the passing the frontiers (marches) 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 bodies or the goods of the subjects of the state to which the offender belongs, until satisfaction be made, wherever they happen to be found. Reprisals are to be granted only in case of a clear and open denial of justice. At the present day, in consequence partly of treaties and partly of the practice of nations, the making of reprisals Is confined to the seizure of commercial property on the high seas by public cruisers, or by private cruisers specially authorized thereto. Brown. Less...

In English law. One of the second order of nobility; next in order to a duke.

In English law. One of the second order of nobility; next in order to a duke. Less...

The seigniory of a marquis.

The seigniory of a marquis. Less...

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 More...

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 Bish. Mar. & Div. | a And see State v. Fry, 4 Mo. 126; Mott v. Mott, 82 Cal. 413, 22 Pac 1140; Reynolds v. U. S., 98 U. S. 165, 25 L. Ed. 244; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct 723, 31 L. Ed. 654; Wade v. Kalbfleisch, 58 N. Y. 284, 17 Am. Rep. 250; State Bittick, 108 Mo. 183, 15 S. W. 325, 11 L. R. A. 587; 23 Am. St Rep. 869; Allen v. Allen, 73 Conn. 54, 46 Atl. 242. 49 L R. A. 142, 84 Am. St Rep. 135. A contract, according to the form prescribed by law, by which a man and woman, capable of entering into such contract, mutually engage with each other to live their whole lives together in the state of union which ought to exist between a husband and wife. Shelf. Mar. & Div. 1. Marriage is a personal relation arising out of a civil contract to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must fee followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations. Civil Code Cal. ? 55. Marriage is the union of one man and one woman, * so long as they both shall live," to the exclusion of all others, by an obligation which, during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by authority of the state. Roche v. Washington, 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 "maritagium" (q. v.f) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage. -Avail of marriage. See that title.-Common-law marriage. See COMMON LAW.- Jactitation of marriage. See JACTITATION. -Marriage articles. Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement, to be drawn after marriage. Ath. Mar. Sett. 92.-Marriage brokage. The act by which a third person, for a consideration, negotiates a marriage between a man and woman. The money paid for such services is also known by this name. Hellen v. Anderson, 83 111. App. 509; White v. Equitable Nuptial Ben. Union, 76 Ala. 251, 52 Am. Rep. 325. -Marriage oeremony. 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 known to the law.-Marriage license. A license ot permission granted by public authority to persons who . intend to intermarry. By statute in some jurisdictions, it is made an essential prerequisite to the lawful solemnization of the marriage.-Marriage-notioe boos;. A book kept, in England, by the registrar, in which applications for and issue of registrar's licenses to marry are recorded.-Marriage portion. Dowry; a sum of money or other property which Is f iven to or settled on a woman on her marriage, n re Croft, 162 Mass. 22, 37 N. E. 784.- Marriage promise. Betrothal; engagement to intermarry with another. Perry v. Orr, 35 N. J. Law, 296.-Marriage settlement. A written agreement in the nature of a conveyance, called a* "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about to intermarry, or one of them, or by a parent oor relation on their behalf, by which the title to certain property is settled, t. e., fixed or limited to a prescribed course of succession; the object being, usually, to provide for the wife and children. Thus, the estate might be limited to tbe husband and issue, or to the wife and issue, or to husband and wife for their joint lives, remainder to the survivor for life, remainder over to the issue, or otherwise. Such settlements may also be made after marriage, in which case they are called "post-nuptial.- Mixed marriage. A marriage between persons of different nationalities; or, more particularly, between persons of different racial origin ; as between a white person and a negro or an Indian.-Morganatic 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 be contented with a certain allowed rank assigned to them by the morganatic 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 a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. Wharton.-Plnral marriage. In general, any bigamous or polygamous union, but particularly, a second or subsequent marriage of a man who already has one wife living, under the system of polygamy as practised by Mormons. See Freil v. Wood, 1 Utah, 165.-Seotch marriage. A marriage contracted without any formal solemnization or religious ceremony, by the mere mutual agreement of the parties per verba de prwsenti in the presence of witnesses, recognised as valid by the Scottish law. Less...

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

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

In old English law. The title borne by several officers of state and of the law, of whom the most important were the following: (1) The earl-marshal, who presided in the court of chivalry; (2) the marshal of the king's house, or knight-marshal, whose special authority was in the king's More...

In old English law. The title borne by several officers of state and of the law, of whom the most important were the following: (1) The earl-marshal, who presided in the court of chivalry; (2) the marshal of the king's house, or knight-marshal, whose special authority was in the king's palace, to hear causes between members of the household, and punish faults committed within the verge; (3) the marshal of the king's bench prison, who had the custody of that jail; (4) the marshal of the exchequer, who had the custody of the king's debtors; (5) the marshal of the judge of assize, whose duty was to swear oin 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. He 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. -Marshal of the qaeen's bench. An officer, who had the custody of the queen's bench prison. The St. 5 A 6 Vict, c 22, abolished this office, and substituted an officer called "keeper of the queen's prison." Less...

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 possible measure of More...

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 possible measure of satisfaction to each. See sub-titles infra. -Marshaling assets. In equity. The arranging or ranking of assets in the due order of administration. Such an arrangement of the different funds under administration as shall enable all the parties having equities therein to receive their due proportions, notwithstanding any intervening 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 arrange* ment of assets or claims so as to secure the proper application of the assets to the various claims; especially when there are two classes 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 as many claims as possible. Pub. St. Mass. p. 1292.-Marshaling liens. The ranking or ordering of several estates or parcels of land, for the satisfaction of a judgment or mortgage to which they are all liable, though successively conveyed away by the debtor. The rule is that, where lands subject to the lien of a judgment or mortgage have been sold or incumbered by the owner at different times* to different purchasers, the various tracts are liable to the satisfaction of the lien in the inverse order of their alienation or incumbrance, the land last sold being first chargeable. 1 Black, Jud?m. % 440.-Marshaling seonrities. An equitable practice, which consists in so ranking or arranging classes of creditors, with respect to the assets of the common debtor, as to provide for satisfaction of the greatest number of claims. The process is this: Where one class of creditors have 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 first exhaust that fund which will leave the single security of the other creditors intact. See 1 Story, Eq. Jur. % 633. Less...

In English law. A prison belonging to the king's bench. It has now been consolidated with others, under the name of the "King's Prison." -Marshalsea, oonrt of. The court of the Marshalsea had jurisdiction in actions of debt or torts, the cause of which arose within the verge of the More...

In English law. A prison belonging to the king's bench. It has now been consolidated with others, under the name of the "King's Prison." -Marshalsea, oonrt of. The court of the Marshalsea had jurisdiction in actions of debt or torts, the cause of which arose within the verge of the royal court. It was abolished by St. 12 & 13 Vict. c. 101. 4 Steph. Comm. 317, note d. Less...

A place of public traffic or sale.

A place of public traffic or sale. Less...

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 impediment Calvin.

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 impediment Calvin. Less...