KFLCC Kingdom Law 2nd Ed.

765

MASTER

MATRIOULA

Influence or bearing on the decision of the case. — Material allegation. A material allega tion in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. Lusk v. Perkins, 48 Ark. 247, 2 S. W. 847; Gillson v. Price, 18 Nev. 109, 1 Pac. 459. A material alteration in any written instrument is one which changes its tenor, or its legal mean ing and effect; one which causes it to speak a language different in effect from that which it originallv spoke. White v. Harris. 69 S. C. 65, 48 S. E. 41, 104 Am. St. Rep. 791; Fox worthy v. Colby, 64 Neb. 216, 89 N. W. 800, 62 U R. A. 393; Organ v. Allison, 9 Baxt. (Tenn.) 462.— Material fact. See FACT.— Material-man. A person who has furnished materials used in the construction or repair of a building, structure, or vessel. See Curlett v. Aaron, 6 Houst. (Del.) 478. MATERIALITY. The property or char acter of being material. See MATEBIAX. The substance or matter of which anything is made; matter furnished for the erection of a house, ship, or other structure; matter used or intended to be used in the construction of any mechanical product. See Moyer v. Pennsylvania Slate Co., 71 Pa. 293. Lat A max im of the French law, signifying that prop erty of a decedent acquired by him through his mother descends to the relations on the mother's side. That which belongs to, or comes from, the mother; as maternal au thority, maternal relation, maternal estate, maternal line. — Maternal property. That which comes from the mother of the party, and other ascend ants of the maternal stock. Dom. Liv. Pr61. t. 3, s. 2, no. 12. In the civil law. A maternal aunt; a mother's sister. Inst. 3, 6, 1; Bract, fol. 686. — Matertera magna. A great aunt; a grand mother's sister, (avice soror.) Dig. 38, 10, 10, 15.— Matertera major. A greater aunt; a great-grandmother's sister, (proavice soror;) a father's or mother's great-aunt, (patris vel ma ins matertera magna.) Dig. 38, 10, 10, 16. — Matertera maxima. A greatest aunt; a great-great-grandmother's sister, (aoavice soror;) a father's or mother's greater aunt, (patris vet matris matertera major.) Dig. 38, 10, 10, 17. MATERIALS. MATERNA MATERNIS. MATERNAL. MATERNITY. The character, relation, state, or condition of a mother. MATERTERA. Lat.

court of chancery, who holds a separate court ranking next to that of the lord chancellor, and has the keeping of the rolls and grants which pass the great seal, and the records of the chancery. He was originally appointed only for the superintendence of the writs and records appertaining to the common-law depart ment of the court, and is still properly the chief of the masters in chancery. 3 Steph. Oomm. 417. Under the act constituting the supreme court of judicature, the master of the rolls be comes a judge of the high court of justice and ex officio a member of the court of appeal. The same act, however, provides for the abolition of this office, under certain conditions, when the next vacancy occurs. See 36 & 37 Vict. c. 66, §§ 5, 31, 32.— Masters of the supreme court. In English law. Officials deriving their title from Jud. (Officers') Act 1879, and being, or filling the places of, the sixteen masters of the common-law courts, the »queen's coroner and attorney, the master of the crown office, the two record and writ clerks, and the three asso ciates. Wharton.— Master of the Temple. The chief ecclesiastical functionary of the Tem ple Church.— Master's report. The formal report or statement made by a master in chan cery of his decision on any question referred to him, or of any facts or action he has been directed to ascertain or take.— Special master. A master in chancery appointed to act as the representative of the court in some particular aet or transaction, as, to make a sale of prop erty under a decree. Guaranty Trust, etc., Co. v. Delta & Pine Land Co., 104 Fed. 5, 43 C. C. A. 396; Pewabic Min. Co. v. Mason, 145 U. S. 349, 12 Sup. Ct. 887, 36 L. Ed. 732. — Taxing masters. Officers of the English supreme court, who examine and allow or dis allow items in bills of costs. MASURA. In old records. A decayed house; a wall; the ruins of a building; a certain quantity of land, about four oxgangs. The officer second in command on a merchant vessel. Ely v. Peck, 7 Conn. 242; Millaudon v. Martin, 6 Rob. (La.) 539. MATE,.

MATELOTAGE.

In French law.

The

hire of a ship or boat.

MATER-FAMILIAS. Lat. In the civil law. The mother or mistress of a family. A chaste woman, married or single. Calvin.

MATERIA.

In the civil law.

La t

Materials; as distinguished from species, or the form given by labor and skill. Dig. 41, 1, 7, 7-12; Fleta, lib. 3, c. 2, § 14. Materials (wood) for building, as distin guished from "lignum." Dig. 32, 55, pr. In English law. Matter; substance; subject-matter. 3 Bl. Comm. 322. Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. An allegation is said to be material when it forms a substan tive part of the case presented by the plead ing. Evidence offered in a cause, or a ques tion propounded, is material when it is rele vant and goes to the substantial matters in dispute, or has a legitimate and effective MATERIAL.

MATHEMATICAL EVIDENCE.

See

EVIDENCE.

MATRICIDE.

The murder of a mother;

or one who has slain his mother.

MATRICULA. In the civil and old Eng lish law. A register of the admission of of ficers and persons entered into any body or