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英文法律词典 M-26

分类: 法律英语 

MASTER OF THE ROLLS. Eng. law. An officer who bears this title, and who acts as an assistant to the lord chancellor, in the court of chancery.

2. This officer was formerly one of the clerks in chancery whose duty was principally confined to keeping the rolls; and when the clerks in chancery became masters, then this officer became distinguished as master of the rolls. Vide Master in Chancery.

MASTER OF A SHIP, mar. law. The commander or first officer of a ship; a captain. (q. v.)

2. His rights and duties have been considered under the article Captain. Vide also, 2 Bro. Civ. Adm. Law, 133; 3 Kent, Com. 121; Wesk. Ins. 360; Park. on Ins. Index, h. t.; Com. Dig. Navigation, I 4.

MATE. The second officer on board of a merchant ship or vessel.

2. He has the right to sue in the admiralty as a common mariner for wages. 1. Pet. Adm. Dee. 246.

3. When, on the death of the master, the mate assumes the command, he succeeds to the rights and duties of the principal officer. 1 Sumn. 157; 3 Mason, 161; 4 Mason, 196; See 7 Conn. 239; 4 Mason, 641 4 Wash. C. C. 838.

MATER FAMILIAS, civil law. The mother of a family, and, by extension, the mistress of a family.

MATERIAL MEN. This name is given to persons who furnish materials for the purpose of constructing or erecting ships, houses, and other buildings.

2. By the common law material men have a lien on a foreign ship for supplies of materials furnished for such ship, which may be recovered in the admiralty. 9 Wheat. 409. But they have no lien for furnishing materials for repairs of domestic ships. Wheat. 438.

3. In several of the states, laws have been enacted giving material men a lien on houses and other buildings when they have furnished materials for constructing the same.

MATERIALITY. That which is important; that which is not merely of form but of substance.

2. When a bill for discovery has been filed, for example, the defendant must answer every material fact which is charged in the bill, and the test in these cases seems to be that when, if the defendant should answer in the affirmative, his answer would be of use to the plaintiff, the answer would be mate-rial, and it must be made. 4 Price, R. 364; 13 Price, R. 291; 2 Y. & J. 385.

3. In order to convict a witness of a perjury, it is requisite to prove that the matter he swore to was material to the question then depending. Vide 3 Chit. Pr. 233; 3 Dowl. 104; 10 Bing. 340; Perjury.

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