Blacks Law Dict. 1st ed

739

MAGISTRATE

the modern lord chamberlain. Tayl. Civil Law, 37. Magister rerum usus. Use is the mas ter of things. Co. Litt. 229b. Usage i« a principal guide in practice. Magister rerum usus; magistra rerum experientia. Use is the master of things; experience is the mistress of things. Co. Litt. 69, 229; Wing. Max. 752. MAGISTER SOCIETATIS. In the civil law. The master or manager of a part nership; a managing paitner or general agent; a manager specially chosen by a firm to administer the affairs of the partnership. Story, Partn. § 95. MAGISTERIAL. Relating or pertain ing to the character, office, powers, or duties of a magistrate or of the magistracy. MAGISTRACY. This term may have a more or less extensive signification according to the use and connection in which it occurs. In its widest sense it includes the whole body of public functional ies, whether their offices be legislative, judicial, executive, or admin istivitne. In a more restricted (and more usual) meaning, it denotes the class of officers who are charged with the application and ex ecution of the laws. In a still more confined use, it designates the body of judicial officers of the lowest rank, and more especially those who have jurisdiction for the trial and pun ishment of petty misdemeanors or the pre liminary steps of a criminal prosecution, such as police judges and justices of the peace. The term also denotes the office of a magis trate. MAGISTRALIA BREVIA. In old En glish practice. Magisterial writs; writs adapted to special cases, and so called from being framed by the masters or principal clerks of the chancery. Bract, fol. 4136; Crabb, Com. Law, 547, 548. MAGISTRATE. A public officer belong ing to the civil organization of the state, and invested with powers and functions which may be either judicial, legislative, or execu tive. But the term is commonly used in a nar rower sense, designating, in England, a per son intrusted with the commission of the peace, and, in America, one of the class of inferior judicial officers, such as justices of the peace and police justices. A magistrate is an officer having power U issue a warrant for the arrest of a person

MS3RE. Famous; great; noted; as Ml mere, all famous. Gibs. Camd. M PREMIUM. Timber; wood suitable for building purposes. MAGIC. In English statutes. Witch craft and sorcery. MAGIS. Lat. More; more fully; more in number; rather. Magis de bono quam de malo lex in tendit. Co. Litt. 786. The law favors a good rather than a bad construction. Where the words used in an agreement are suscep tible of two meanings, the one agreeable to, the other against, the law, the former is adopted. Thus, a bond conditioned "to as sign all offices" will be construed to apply to such offices only as are assignable. Chit. Cont. 78. Magis dignum trahit ad se minus dig num. The more worthy draws to itself the less worthy. Yearb. 20 Hen. VI. 2, arg. MAGISTER. In English law. A mas ter or ruler; a person who has attained to some eminent degree in science. Cowell. In the civil law. A title of several of fices under the Roman Empire. MAGISTER AD FACULTATES. In English ecclesiastical law. The title of an officer who grants dispensations; as to mar ry, to eat flesh on days prohibited, and the like. Bac. Abr. "Ecclesiastical Courts," A, 5. MAGISTER CANCELLARIiE. In old English law. Master of the chancery; mas ter in chancery. These officers were said to be called "magittrW because they were priests. Latch, 133. MAGISTER EQUITUM. Master of the horse. A title of office under the Roman Empire. MAGISTER LIBELLORUM. Master of requests. A title of office under the Ro man Empire. MAGISTER LITIS. Masterofthe suit; the person who controls the suit or its prosecution, or has the right so to do. MAGISTER NAVIS. In the civil law. The master of a ship or vessel. He to whom the care of the whole vessel is committed. Dig. 14,1, 1, 1, 5. MAGISTER PALATII. Master of the palace or of the offices. An officer under the Roman Empire bearing some lesemblance to

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