Blacks Law Dict. 1st ed

756

MARRIAGE

MARKET

place on one side only, or daring 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." 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 Lon don every shop in which goods are exposed publicly to sale is market overt, for such things only as the owner professes to trade in. Godb. 131; 5 Coke, 83; 2 Bl. Comm. 449. MARKET PRICE 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. 2 Wash. C. C. 493. MARKET TOWNS. Those towns which are entitled to hold markets. 1 Steph. Comm. (7th Ed.) 130. MARKET VALUE signifies a price es tablished by public sales, or sales in the way of ordinary business. 99 Mass. 345. MARKET ZELD, (properly market geld.) In old records. The toll of a market. Cowell. MARKETABLE. Such things as may be sold in the market; those for which a buyer may be found. MARKETABLE TITLE. A "market able title" to land is such a title as a court of equity, when asked to decree specific per formance 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 ob jections. MARKSMAN. In practice and convey ancing. One who makes his mark; a person who cannot write, and only makes his mark in executing instruments. Arch. K. Pr. 13; 2 Chit. 92. MARLBRIDGE, STATUTE OP. An English statute enacted in 1267 (52 Hen. HI.) at Marlbridge, (now called "Marlbor ough,") where parliament was then sitting.

It related to land tenures, and to procedure, and to unlawful and excessive distresses. MARQUE AND REPRISAL, LET TERS OP. These words, "marque" and "reprisal," are frequently used as synony mous, but, taken in their strict etymological sense, the latter signifies a "taking in re turn;" 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 par ty to whom these letters are granted may then seize the bodies or the goods of the sub jects of the state to which the offender be longs, 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 con sequence partly of treaties and partly of the practice of nations, the making of reprisals is confined to the seizure of commercial prop erty on the high seas by public cruisers, or by private cruisers specially authorized there to. Brown. MARQUIS, or MARQUESS. In En glish law. One of the second order of no bility; next in order to a duke. MARQUISATE. The seigniory of a mar quis. MARRIAGE. Marriage, as distin guished 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 in cumbent on those whose association is found ed on the distinction of sex. 1 Bish. Mar. & Div. § 3. A contract, according to the form pre scribed by law, by which a man and woman, capable of entering into such contract, mutu ally 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 ca pable of making it is necessary. Consent alone will not constitute marriage; it must be 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 wo man, M so long as they both shall live," to the ex clusion of all others, by an obligation which, dur ing that time, the parties cannot of their own voli

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