Blacks Law Dict. 1st ed

MARSHALING ASSETS

757

MARRIAGE

estate might be limited to the 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." MARRIED WOMAN. A woman who has a husband living and not divorced; a feme covert, MARSHAL. 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 mar shal 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 in the grand jury. In American law. An officer pertaining to the organization of the federal judicial sys tem, 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 gen erally to those of a constable or sheriff. MARSHAL OF THE QUEEN'S BENCH. An officer who had the custody of the queen's bench prison. The St. 5 & 6 Yict. c. 22, abolished this office, and substi tuted an officer called "keeper of the queen's prison." MARSHALING ASSETS. In equity. The arranging or ranking of assets in the due order of administration. Such an arrange ment of the different funds under adminis tration as shall enable all the parties having equities thereon to receive their due propor tions, notwithstanding any intervening in terests, 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 pay ment of debts. 1 Story, Eq. Jur. § 558; 4 Kent, Comm. 421. The arrangement of assets or claims so as to secure the proper application of the assets to the various claims; especially when there

tion and act dissolve, but which can be dissolved •nly by authority of the state. 19 Ind. 53. 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.,) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in mar riage. MARRIAGE ARTICLES. Articles of agreement between parties contemplating marriage, intended as preliminary to a formal marriage settlement, to be drawn after mar riage. 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. MARRIAGE CEREMONY. 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 or permiseton granted by public authority to person who intend to intermarry. By stat ute, in some jurisdictions, it is made an es sential prerequisite to the lawful solemniza tion of tin marriage. MAREI AGE-NOTICE BOOK. A book kept, in England, by the registrar, in which applications for and issue of registrar's licenses to marry are recorded. M A R R I A G E PORTION. Dowry; a sura of money or other property which is given to or settled on a woman on her mar riage. MARRIAGE PROMISE. Betrothal; engagement to intermarry with another. MARRIAGE SETTLEMENT. A writ ten agreement in the nature of a conveyance, called a "settlement," which is made in con templation of a proposed marriage and in consideration thereof, either by the parties about to intermarry, or one of them, or by a parent or relation on their behalf, by which the title to certain property is settled, i. e., fixed or limited to a prescribed course of succession; the object being, usually, to pro vide for the wife and children. Thus, the

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