KFLCC Kingdom Law 2nd Ed.

762

MARKETABLE

MARRIAGE

MARKETABLE. Such things as may be sold in the market; those for which a buyer may be found. —Marketable title. A "marketable title" to land is such a title as a court of equity, when asked to decree specific performance of the con tract 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 objections. Austin v. Barnum, 52 Minn. 136, 53 N. W. 1132; Vought v. Williams, 46 Hun (N. Y.) 642; Brokaw v. Duffy, 165 N. Y. 391, 59 N. E. 196; Todd v. Union Dime Sav. Inst., 128 N. Y. 636, 28 N. E. 504. In practice and convey ancing. One who makes his mark; a person who cannot write, and only makes his mark In executing instruments. Arch. N. Pr. 13; 2 Chit. 92. An English statute enacted in 1267 (52 Hen. III.) 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. 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 consequence partly of treaties and partly of the practice of nations, the making of re prisals is confined to the seizure of commer cial property on the high seas by public cruisers, or by private cruisers specially au thorized thereto. Brown. MARQUIS, or MARQUESS. In English law. One of the second order of nobility; next in order to a duke. MARKSMAN. MARLBRIDGE, STATUTE OF. MARQUE AND REPRISAL, LET TERS OF. MARRIAGE. Marriage, as distinguished 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 incum bent on those whose association is founded on the distinction of sex. 1 Bish. Mar. & MARQUISATE. The seigniory of a mar quis.

Div. § a And see State v. Fry, 4 Mo. 126; Mott v. Mott, 82 Cal. 413, 22 Pac. 1140; Reynolds v. U. S., 98 U. S. 165, 25 L. Ed. 244; Maynard v. Hill, 125 U. S. 190, 8 Sup. Ct. 723, 31 L. Ed. 654; Wade v. Kalbfleisch, 58 N. Y. 284, 17 Am. Rep. 250; State v. Bittick, 103 Mo. 183, 15 S. W. 325, 11 L. R. A. 587; 23 Am. St. Rep. 869; Allen v. Allen, 73 Conn. 54, 46 Atl. 242, 49 L E. A. 142, 84 Am. St. Rep. 135. 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 capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual as sumption of marital rights, duties, or obliga tions. Civil Code Cal. § 55. Marriage is the union of one man and one woman, "so long as they both shall live," to the exclusion of all others, by an obligation which, during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by authority of the state. Roche v. Washington, 19 Ind. 53, 81 Am. Dec. 376. 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. — Avail of marriage. See that title.— Com mon-law marriage. See COMMON LAW.— Jactitation of marriage. See JACTITATION. — Marriage articles. Articles of agreement between parties contemplating marriage, intend ed as preliminary to a formal marriage set tlement, to be drawn after marriage. Ath. Mar. Sett. 92.— Marriage brokage. The act by which a third person, for a consideration, negotiates a marriage between a man and wo man. The money paid for such services is al so known by this name. Hellen v. Anderson, 83 111. App. 509; White v. Equitable Nuptial Ben. Union, 76 Ala. 251, 52 Am. Rep. 325. — Marriage ceremony. The form, religious or civil, for the solemnization of a marriage.—• Marriage consideration. The consideration furnished by an intended marriage of two per sons. It is the highest consideration known to the law.— Marriage license. A license or permission granted by public authority to per sons who intend to intermarry. By statute in some jurisdictions, it is made an essential pre requisite to the lawful solemnization of the mar riage.— Marriage-notice book. A book kept, in England, by the registrar, in which applica tions for and issue of registrar's licenses to mar ry are recorded.— Marriage portion. Dowry; a sum of money or other property which is given to or settled on a woman on her marriage. In re Croft, 162 Mass. 22, 37 N. E. 784.— Marriage promise. Betrothal; engagement to intermarry with another. Perry v. Orr, 35 N. J. Law, 296.— Marriage settlement. A written agreement in the nature of a convey* ance, called a "settlement," which is made in contemplation of a proposed marriage and in consideration thereof, either by the parties about