Blacks Law Dict. 1st ed

744

ilALESON

MAKE DEFAULT

• written contract, to reduce it to writing, execute it indue form, and deliver it as bind ing. MAKE DEFAULT. To fail or be wanting; in some legal duty; particularly, to omit the entering of an appearance when duly summoned in an action at law or other judicial proceeding, to neglect to obey the command of a subpoena, etc. MAKE ONE'S FAITH. A Scotch phrase, equivalent to the old English phrase, "to make one's law." MAKER. One who makes, frames, or ordains; as a "law-maker." One who makes or executes; as the maker of a promissory note. MAKING LAW. In old practice. The formality of denying a plaintiff's charge un der oath, in open court, with compurgators. One of the ancient methods of trial, frequent ly, though inaccurately, termed "waging law," or "wager of law." 3 Bl. Comm. 841. MAL. A prefix meaning bad, wrong, fraudulent; as maladministration, malprac tice, malversation, etc. MAL GHEE. L. Fr. Against the will; without the consent. Hence the single word "malgre," and more modern "maugre t n (q. v.) MAL-TOLTE. Fr. In old French law. A term said to have arisen from the usurious gains of the Jews and Lombards in their management of the public revenue. Steph. Lect. 372. MALA. Lat. Bad; evil; wrongful. MALA FIDES. Bad faith. The oppo site of bona fides, (q. t>.) Mala fide, in bad faith. Mala: fidei possessor, a possessor in bad faith. Mackeld. Bom. Law, § 297. Mala grammatica non vitiat chartam. Sed in expositions instrumentorum mala grammatica quoad fieri possit evitanda est. Bad grammar does not vitiate a deed. But in the exposition of instruments, bad grammar, as far as it can be done, is to be avoided. 6 Coke, 39; Broom, Max. 686. MALA IN SE. Wrongs in themselves; acts morally wrong; offenses against con science. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8. MALA PRAXIS. Malpractice; unskill ful management or treatment. Particularly applied to the neglect or unskillful manage

ment of a physician, surgeon, or apothecary. 8 Bl. Comm. 122. MALA PEOHIBITA. Prohibited wrongs or offenses; acts which are made offenses by positive laws, and prohibited as such. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8. MALADMINISTRATION. This term is used, in the law-books, interchangeably with ^^-administration, and both words mean "wrong administration." 14 Neb. 183, 15 N. W. Hep. 331. MALANDRINUS. In old English law. A thief or pirate. Wals. 338. MALARY. In Hindu law. Judicial; belonging to a judge or magistrate. MALBERGE. A hill where the people assembled at a court, like the English assiz es; which by the Scotch and Irish were called "parley hills." Du Cange. MALCONNA. In Hindu law. A treas ury or store-house. MALE. Of the masculine sex; of the sex that begets young. MALE CREDITUS. In old English law. Unfavorably thought of; in bad repute or credit. Bract, fols. 116, 154. Maledicta est expositio quee corrum pit textum. That is a cursed interpretation which corrupts the text. 4 Coke, 35a/ Broom, Max. 622. MALEDICTION. A curse, which was anciently annexed to donations of lands made to churches or religious houses, against those who should violate their rights. Cowell. MALEFACTION. A crime; an offense. MALEFACTOR. He who is guilty, or has been convicted, of some crime or offense. Maleflcia non debent remanere impuni ta; et impunitas continuum affectum tribuit delinquent!. 4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent. Maleflcia propositis dlstinguuntur. Jenk. Cent. 290. Evil deeds are distin guished from evil purposes, or by their pur poses. MALEFICIUM. In the civil law. Waste; damage; tort; injury. Dig. 5,18,1. MALESON, or MALISON. A curse.

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