KFLCC Kingdom Law 2nd Ed.

MAD POINT

744

MAGISTRALIA BREVIA

MAD POINT. A term used to designate the idea or subject to which is confined the derangement of the mental faculties of one suffering from monomania. Owing's Case, 1 Bland (Md.) 388, 17 Am. Dec. 311. See IN SANITY. MADE KNOWN. Where a writ of scire facias has been actually served upon a de fendant, the proper return is that its con tents have been "made known" to him. MADMAN. An insane person, particu larly one suffering from mania in any of its forms. Said to be inapplicable to Idiots (Com. v. Haskell, 2 Brewst. [Pa.] 497); but it is not a technical term either of medicine or the law, and is incapable of being applied with scientific precision. See INSANITY. MADRAS REGULATIONS. Certain regulations prescribed for the government of the Madras presidency. Mozley & Whitley. SLEC-BUBGH. In Saxon law. Kin dred; family. M2BGBOTE. In Saxon law. A recom pense or satisfaction for the slaying or mur der of a kinsman. Spelman. M35RE. Famous; great; noted; as Ml mere, all famous. Gibs. Camd. MLXREMIUM. 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 qnam 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 «uch offices only as are assignable. Chit •Cont 78. Magis digniun trahit ad se minus dig num. The more worthy draws to itself the less worthy. Yearb. 20 Hen. VI. 2, arg. MAGISTER. Lat. In English law. A master 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 facilitates. In English ec clesiastical law. The title of an officer who MADNESS. See INSANITY.

grants dispensations; as to marry, to eat flesh on days prohibited, and the like. Bac. Abr. "Ecclesiastical Courts," A, 5.—Magister bo norunt vendendornm. In Roman law, a person appointed by judicial authority to in ventory, collect, and sell the property of an absent or absconding debtor for the benefit of his creditors; he was generally one of the creditors, and his functions corresponded gen erally to those of a receiver or an assignee for the benefit of creditors under modern practice. See Mackeld. Rom. Law, § 521,—Magister cancellarise. In old English law. Master of the chancery; master in chancery. These officers were said to be called "magtstri," be cause 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 Roman Empire.—Magister litis. Master of the suit; the person who con trols 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 un der the Roman Empire bearing some resem blance to the modern lord chamberlain. Tayl. Civil Law, 37.—Magister societatis. In the civil law. The master or manager of a pa * * nership; a managing partner or general agent; a manager specially chosen by a firm to admin ister the affairs of the partnership. Story, Partn. § 95. Magister rerun nsns. Use is the master of things. Co. Litt 229&. Usage is a prin cipal guide in practice. Magister rernm nsns; magistra rerum ezperientia. Use is the master of things; experience is the mistress of things. Co. Litt. 69, 229; Wing. Max. 752. MAGISTERIAL. Relating or pertaining to the character, office, powers, or duties of a magistrate or of the magistracy. —Magisterial precinet. In some American states, a local subdivision of a county, defining the territorial jurisdiction of justices of the ? eace and constables. Breckinridge Co. v. Mc Iracken, 61 Fed. 194, 9 C. C. A. 442. 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 functionaries, whether their offices be legislative, judicial, executive, or admin istrative. In a more restricted {and more usual) meaning, it denotes the class of offi cers who are charged with the application and execution of the laws. In a still more confined use, it designates the body of judi cial officers of the lowest rank, and more es pecially those who have jurisdiction for the trial and punishment of petty misdemeanors or the preliminary steps of a criminal prose cution, such as police judges and justices of the peace. The term also denotes the office of a magistrate. MAGISTRALIA BREVIA. In old Eng lish practice. Magisterial writs; writs adapt ed to special cases, and so called from being