KFLCC Kingdom Law 2nd Ed.

766

MAUGBE

MATRICULATE

society, whereof a list was made. Hence those who are admitted to a college or uni versity are said to be "matriculated." Also a kind of almshouse, which had revenues appropriated to it, and was usually built near the church, whence the name was giv en to the church itself. Wharton.

hospital, an orphan asylum, etc., Is often so called. Such a jury is impaneled to try if a woman condemned to death be with child. Facts; substance as distin guished from form; the merits of a case. —Matter in controversy, or in dispute. The subject of litigation; the matter for which a suit is brought and upon which issue is join ed. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 567. —Matter in deed. Such matter as may be S roved or established by a deed or specialty, [atter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. PI. 197.— Matte* in issue. That upon which the plaintiff pro ceeds in his action, *and which the defendant controverts by his pleadings, not including facts offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec. 675. That ultimate fact or state of facts in dispute upon which the verdict or finding is predicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm. § 614, and cases cited.— Matter in pais. Matter of fact that is not in writing; thus distinguished from mat ter in deed and matter of record; matter that must be proved by parol evidence.— Matter of course. Anything done or taken in the course of routine or usual procedure, which is permis sible and valid without being specially applied for and allowed.— Matter of fact. That which is to be ascertained by the senses, or by the testimony of witnesses describing what they have perceived. Distinguished from matter of law.— Matter of form. See FORM.— Matter of law. Whatever is to be ascertained or de cided by the application of statutory rules or the principles and determinations of the law, as distinguished from the investigation of par ticular facts, is called "matter of law."— Mat ter of record. Any judicial matter or pro ceeding entered on the records of a court, and to be proved by the production of such record. It differs from matter in deed, which consists of facts which may be proved by specialty.— Matter of substance. That which goes to the merits. The opposite of matter of form. —Matters of subsistence for man. This phrase comprehends all articles or things, wheth er animal or vegetable, living or dead, which are used for food, and whether they are consum ed in the form in which they are bought from the producer or are only consumed after under going a process of preparation, which is greater or less, according to the character of the article. Sledd v. Com., 19 Grat. (Va.) 813. Matter in ley ne serra mise in boutehe del jurors. Jenk. Cent. 180. Matter of law shall not be put into the mouth of the jurors. Maturiora sunt vota mulierum quam virorum. 6 Coke, 71. The desires of wo men are more mature than those of men; i. e., women arrive at maturity earlier than men. In mercantile law. The time when a bill of exchange or promissory note becomes due. Story, Bills, § 329. Gil bert v. Sprague, 88 111. App. 508; Wheeless v. Williams, 62 Miss. 371, 52 Am. Rep. 190. MATRONS, JURY OF. MATTER. MATURITY.

MATRICULATE. dent in a university.

To enter as a stu

Matrimonia debent esse libera. Mar riages ought to be free. A maxim of the civil law. 2 Kent, Comm. 102.

MATRIMONIAL.

Of or pertaining to

matrimony or the estate of marriage. — Matrimonial causes. In English ecclesias tical law. Causes of action or injuries respect ing the rights of marriage. One of the three divisions of causes or injuries cognizable by the ecclesiastical courts, comprising suits for jacti tation of marriage, and for restitution of con jugal rights, divorces, and suits for alimony. 3 Bl. Comm. 92-94; 3 Steph. Comm. 712-714. —Matrimonial cohabitation. The living together of a man and woman ostensibly as husband and wife. Cox v. State, 117 Ala. 103, 23 South. 806, 41 L E. A. 760, 67 Am. St. Rep. 166; Wilcox v. Wilcox, 46 Hun (N. Y.) 37. Also the living together of those who are legally husband and wife, the term carrying with it, in this sense, an implication of mutual rights and duties as to sharing the same habita tion. Forster v. Forster, 1 Hagg. Consist. 144; U. S. v. Cannon, 4 Utah, 122, 7 Pac. 369. Lat. In Roman law. A legal marriage, contracted in strict ac cordance with the forms of the older Roman law, i. e., either with the farreum, the co emptio, or by usus. This was allowed only to Roman citizens and to those neighboring peoples to whom the right of connubvum had been conceded. The effect of such a mar riage was to bring the wife into the manus, or marital power, of the husband, and to create the patria potestas over the children. Matrimonium subsequens tollit pec eatum prsecedens. Subsequent marriage cures preceding criminality. MATRIMONIUM. MATRIX. In the civil law. The proto col or first draft of a legal instrument, from which all copies must be taken. See Down ing v. Diaz, 80 Tex. 436, 16 S. W. 53. A mother church. This term was anciently applied to a cathedral, in relation to the other church es in the same see, or to a parochial church, in relation to the chapels or minor churches attached to it or depending on it. Blount. A married woman; an eld erly woman. The female superintendent of an establishment or institution, such as a MATRIX ECCLESIA. La t MATRON. MATRIMONY. Marriage, (q. v.,) In the sense of the relation or status, not of the ceremony.

MAUGRE.

L. Fr. In spite of; against

the will of. Litt J 672.