MATTER OF RECORD. Those facts which may be proved by the production of a record. It differs from matter in deed, which consists of facts which may be proved by specialty1. Vide EsTOPpel.
MATTER, IMPERTINENT, Equity2 pleading. That which is altogether irrelevant3 to the case, that does not appertain or belong to it; id est, qui ad rem non pertinet. 4 Bouv. Inst. n. 4163 . See Impertinent.
MATTER, SCANDALOUS, equity pleading. A false and malicious4 statement of facts, not relevant to the cause. But nothing which is positively5 relevant, however harsh or gross the charge may be, can be considered scandalous. 4 Bouv. Inst. n. 4163.
2. A bill cannot by the general practice, be referred for impertinence after the defendant6 has answered, or submitted to answer, but it may be referred for scandal at any time, and even upon the application of a stranger to the suit, for he has the right to prevent the records of the court from being made the vehicle of spreading slanders7 against himself. Id. n. 41f 64.
MATURITY8. The time when a bill or note becomes due. In order to bind9 the endorsers10 such note or bill must be protested, when not paid, on the last day of grace. See Days of grace.
MAXIM11. An established principle or proposition. A principle of law universally admitted, as being just and consonant12 With reason.
2. Maxims13 in law are somewhat like axioms in geometry. 1 Bl. Com. 68. They are principles and authorities, and part of the general customs or common law of the land; and are of the same strength as acts of parliament, when the judges have determined14 what is a maxim; which belongs to the judges and not the jury. Terms do Ley; Doct. Stud. Dial. 1, c. 8. Maxims of the law are holden for law, and all other cases that may be applied15 to them shall be taken for granted. 1 Inst. 11. 67; 4 Rep. See 1 Com. c. 68; Plowd. 27, b.
3. The application of the maxim to the case before the court, is generally the only difficulty. The true method of making the application is to ascertain16 bow the maxim arose, and to consider whether the case to which it is applied is of the same character, or whether it is an exception to an apparently17 general rule.
4. The alterations18 of any of the maxims of the common law are dangerous. 2 Inst. 210. The following are some of the more important maxims.
A communi observantia non est recedendum. There should be no departure from common observance or usage. Co. Litt. 186.
A l'impossible nul n'est tenu. No one is bound to do what is impossible. 1 Bouv. Inst. n. 601.
A verbis legis non est recedendum. From the words of the law there must be no departure. Broom's Max. 268; 5 Rep. 119; Wing. Max. 25.
Absentia ejus qui reipublicae causa abest, neque ei, neque alii damnosa esse debet. The absence of him who is employed in the service of the state, ought not to be burdensome to him nor to others. Dig. 50, 17, 140.
Absoluta sentetia expositore non indiget. An absolute unqualified sentence or proposition, needs no expositor. 2 Co. Inst. 533.
Abundaans cautela non nocet. Abundant caution does no harm. 11 Co. 6.
Accessorius sequit naturam sui principalis. An accessary follows the nature of his principal. 3 Co. Inst. 349.
Accessorium non ducit sed sequitur suum principale. The accessory does not lead, but follow its principal. Co. Ltt 152.
Accusare nemo debet se, nisi coram Deo. No one ought to accuse himself, unless before God. Hard. 139.
Actio exteriora indicant interiora secreta. External actions show internal secrets. 8 Co. R. 146.
Actio non datur non damnificato. An action is not given to him who has received no damages.
Actio personalis moritur cum persona. A personal action dies with the person. This must be understood of an action for a tort only.
