英文法律词典 M-6

MAINTENANCE, quasi contracts. The support which one person, who is bound by law to do so, gives to another for his living; for example, a father is bound to find maintenance for his children; and a child is required by law to main-tain his father or mother when they cannot support themselves, and he has ability to maintain them. 1 Bouv. Inst. n. 284-6.

MAINTAINED, pleadings. This is a technical word, indispensable in an indict- ment for maintenance, which no other word or circumlocution¹ will supply. 1 Wils. 325.

MAINTAINORS, criminal law. Those who maintain or support a cause depending between others, not being retained as counsel or attorney. For this they may be fined and imprisoned². 2 Swift's Dig. 328; 4 Bl. Com. 124; Bac. Ab. Barrator.

MAISON DE DIEU. House of God. In England the term, borrowed from the French, signified formerly³ a hospital, an almshouse, a monastery⁴. 39 Eliz. c. 5.

MAJESTY⁵. Properly speaking, this term can be applied⁶ only to God, for it signifies that which surpasses all things in grandeur⁷ and superiority. But it is used to kings and emperors, as a title of honor. It sometimes means power, as when we say, the majesty of the people. See, Wolff, 998.

MAJOR, persons. One who has attained⁸ his full age, and has acquired all his civil rights; one who is no longer a minor⁹; an adult.

MAJOR. Military language. The lowest of the staff officers; a degree higher than captain.

MAJOR GENERAL. A military officer, commanding a division or number of regi- ments; the next in rank below a lieutenant¹⁰ general.

MAJORES. The male ascendant beyond the sixth degree were so called among the Romaus, and the term is still used in making genealogical tables.

MAJORITY, persons. The state or condition of a person who has arrived at full age. He is then said to be a major, in opposition¹¹ to minor, which is his condition during infancy¹².

MAJORITY, government. The greater number of the voters; though in another sense, it means the greater number of votes given in which sense it is a mere¹³ plurality. (q. v.)

2. In every well regulated society, the majority has always claimed and exercised the right to govern the whole society, in the manner pointed¹⁴ out by the fundamental laws and the minority are bound, whether they have assented¹⁵ or not, for the obvious reason that opposite wills cannot prevail at the same time, in the same society, on the same subject. 1 Tuck. Bl. Com. App. 168, 172; 9 Dane's Ab. 37 to 43; 1 Story, Const. 330.

3. As to the rights of the majority of part owners of vessels¹⁶, vide 3 Kent, Com. 114 et seq. As to the majority of a church, vide 16 Mass. 488.

4. In the absence of all stipulations, the general rule in partnerships¹⁸ is, that each partner has an equal voice, and a majority acting¹⁹ bonafide, have the right to manage the partnership¹⁷ concerns, and dispose of the partnership property, notwithstanding the dissent²⁰ of the minority; but in every case when the minority have a right to give an opinion, they ought to be notified. 2 Bouv. Inst. n. 1954.

5. As to the majorities of companies or corporations, see Angel, Corp. 48, et seq.; 3 M. R. 495. Vide, generally, Rutherf. Inst. 249; 9 Serg. & Rawle, 99; Bro. Corporation, pl. 63; 15 Vin. Abr. 183, 184; and the article Authority; Plurality; Quorum²¹.