KFLCC Kingdom Law 2nd Ed.

749

MALEFICIA NON DEBENT

MAKE

cute; as to make an issue, to make oath, to make a presentment. 2. To do in form of law; to perform with due formalities; to execute in legal form; as to make answer, to make a return. 3. To execute as one's act or obligation; to prepare and sign; to sign, execute, and deliver; as to make a conveyance, to make a note. 4. To conclude, determine upon, agree to, or execute; as to make a contract. 5* To cause to happen by one's neglect or omission; as to make default. 6. To make acquisition of; to procure; to collect; as to make the money on an exe cution. 7. To have authority or influence; to sup port or sustain; as in the phrase, "This precedent makes for the plaintiff." — Make an assignment. To transfer one's property to an assignee for the benefit of one's creditors.— Make an award. To form and publish a judgment on the facts. Hoff v. Tay lor, 5 N. J. Law, 883.— Make a contract. To agree upon, and conclude or adopt, a contract. In case of a written contract, to reduce it to writing, execute it in due form, and deliver it as binding.— 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 judi cial proceeding, to neglect to obey the com mand of a subpoena, etc.— Make one's faith. A Scotch phrase, equivalent to the old English phrase, "to make one's law." One who makes, frames, or ordains; as a "law-maker." One who makes or executes; as the maker of a promissory note. See Aud v. Magruder, 10 Cal. 290; Sawyers v. Campbell, 107 Iowa, 397, 78 N. W. 56. In old practice. The formality of denying a plaintiff's charge under oath, in open court, with compurga tors. One of the ancient methods of trial, frequently, though inaccurately, termed "waging law," or "wager of law." 3 Bl. Conim. 341. A prefix meaning bad, wrong, fraudulent; as maladministration, malprac tice, malversation, etc. MAX GREE. L. Fr. Against the will; without the consent. Hence the single word u ma,lgre^ and more modern "maugre," (q. v.) 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 opposite of hona fides, (g. v.) Maid fide, in bad faith. Mala fidei possessor, a possessor in bad faith. MAKER. MAKING LAW. MALu MAL-TOLTE.

Mackeld. Rom. Law, S 297.— Mala in se. Wrongs in themselves; acts morally wrong; offenses against conscience. 1 Bl. Comm. 57, 58; 4 Bl. Comm. 8; Com. v. Adams, 114 Mass. 323, 19 Am. Rep. 362; Turner v. Mer chants' Bank, 126 Ala 397. 28 South. 469.— Mala praxis. Malpractice; unskillful man agement or treatment Particularly applied to the neglect or unskillful management of a physician, surgeon, or apothecary. 3 Bl. Comm. 122.— Mala prohibita. Prohibited wrongs or offenses, acts which are made offenses by pos itive laws, and prohibited as such. 1 Bl. Comm. 57, 58; 4 Bl. Comm. a Mala grammatica non vitiat chartam. Sed in expositione 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. MALADMINISTRATION. This term Is used, in the law-books, interchangeably with mis-administration, and both words mean "wrong administration." Minkler v. State, 14 Neb. 183, 15 N. W. 331. MALANDRINUS. In old English law. A thief or pirate. Wals. 338. MALABT. In Hindu law. Judicial; be longing 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 treasury 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 quae corrum pit textum. That is a cursed interpreta tion which corrupts the text 4 Coke, 35a/ Broom, Max. 622. MALEDICTION. A curse, which was anciently annexed to donations of lands made te 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. Maleficia non debent remanere im pnnita; et impunitas continuum af fectum tribuit delinquent!. 4 Coke, 45. Evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent.