Blacks Law Dict. 1st ed

MALITIA SUPPLET ^TATEM

746

MANAGE

Malum non habet efficientem, sed de ficientem, causam. 3 Inst. Proem. Evi] has not an efficient, but a deficient, cause. Malum non prsesumitur. Wickedness is not presumed. Branch, Princ; 4 Coke, 72a. MALUM PROHIBITUM. A wrong prohibited; a thing which is wrong because prohibited; an act which is not inherently immoral, but becomes so because its commis sion is expressly forbidden by positive law; an act involving an illegality resulting from positive law. Contrasted with malum in se. Story, Ag. § 346. Malum quo communius eo pejus. The more common an evil is, the worse it is. Branch, Princ. Malus usus abolendus est. A bad oi invalid custom is [ought] to be abolished. Litt. § 212; Co. Litt. 141; 1 Bl. Comm. 76; Broom, Max. 921. MALVEILLES. In old English law. Ill will; crimes and misdemeanors; malicious practices. Cowell. M A L V E I S PBOCURORS. Such as used to pack juries, by the nomination of either party in a cause* or other practice. Cowell. MALVEISA. A warlike engine to batter and beat down walls. MALVERSATION, In French law. This word is applied to all grave and punish able faults committed in the exercise of a charge or commission, (office,) such as cor ruption, exaction, concussion, larceny. Merl. Report. MAN. A human being. A person of the male sex. A male of the human species above the age of puberty. In feudal law. A vassal; a tenant or feudatory. The Anglo-Saxon relation of lord and man was originally purely personal, and founded on mutual contract. 1 Spence, Ch. 37. MAN OF STRAW. See MEN OF STRAW. MANACLES. Chains for the hands; shackles. MANAGE. To conduct; to carry on; to direct the concerns of a business or establish ment. Generally applied to affairs that are somewhat complicated and that involve skill and judgment.

M a 1 i t i a supplet retatem. Malice sup plies [the want of] age. Dyer, 1046/ Broom, Max. 316. Malitlis hominum est obviandum. The wicked or malicious designs of men must be thwarted. 4 Coke, 15b. MALLUM. In old European law. A court of the higher kind in which the more important business of the county was dis patched by the count or earL Spelman. A public national assembly. MALO ANIMO. Lat. With an evil mind; with a bad purpose or wrongful in tention; with malice. MALO GRATO. In spite; unwillingly. MALO SENSTJ. In an evil sense or meaning; with an evil signification. MALPRACTICE. See MALA PRAXIS. MALT MULNA. A quern or malt-mill. MALT-SHOT or MALT-SCOT. A certain payment for making malt. Somner. MALT-TAX. An excise duty upon malt in England. 1 Bl. Comm. 313; 2 Steph. Comm. 581. MALTREATMENT. In reference to the treatment of his patient by a surgeon, this term signifies improper or unskillful treat ment ; it may result either from ignorance, neglect, or willfulness; but the word does not necessarily imply that the conduct of the surgeon, in his treatment of the patient, is either willfully or grossly careless. 2 Allen, 142. MALUM. Lat. InEomanlaw. A mast; the mast of a ship. Dig. 50, 17, 242, pr. Held to be part of the ship. Id. MALUM IN SE. A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag. §346. An act is said to be malum in se when it is in herently and essentially evil, that is, immoral in its nature and injurious in its consequences, with out any regard to the fact of its being noticed or punished by the law of the state. Such are most or all of the offenses cognizable at common law, (without the denouncement of a statute;) as mur der, larceny, etc. An act is said to be malum pro hibitum when it is wrong only because prohibited; that is, it is not inherently immoral, but becomes illegal because its commission is expressly forbid den by positive law. Many acts contrary to excise or revenue laws are considered by moralists to be of this character.

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