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Rh 33. 18 L. Ed. 125; Holmes 17. Oregon & C. Ry. Co. (D. C.) 5 Fed. 77; in re Long Island, etc., Transp. Co. (I). C.) 5 Fed. Gilli; U. S. v. Bur- lington. etc.. Ferry Co. (1). O.) 21 Fed.

Lat. A husband; rired man. Calvin.

MARK. 1. A character. usually in the form of .1 cross. made as a substitute for his signature by a person who cannot write, in executing a conveyance or other legal docu- ment It is commonly made as follows: A third person writes the name of the marks- man. leaving a blank space between the Chrsitian name and surname; in this space the latter traces the mark, or crossed lines, and above the mark is written "his," (or "her.") and below it, "mark."

2. The sign, writing, or ticket put upon manufactured goods to distinguish them from others, appearing thus in the compound. "trade-mark."

3. A token. evidence, or proof; as in the phrase "ii mark of fraud."

4. A "wight used in several parts of u- rope and for several commodities. especially gold and silver. When gold and sliver are sold in: the mark, it is divided into twenty- four carats.

5. A money of accounts in England, and in some other countries a coin. The English mark is two-thirds of a pound sterling, or 1351. 4d : and the Scotch mark is of equal value in Scotch money of account Enc. Amer.

6. In early Teutonic and English law. A species of village community, being the lowest unit in the political system; one of the forms of the gens or clan, variously known as the "mark." "gemcinde," "com- mune" or "parish." Also the land held in cmmon by such a community. The union of several such village communities and their marks, or common lauds, forms the next higher political union, the hundred. Freem. Compar. Politics, 116. 117.

7. The word is sometimes used ‘Is another form of "marque," a. license of reprisals. —Demi—mark. Half 8 mark; a sum of money which "as anciently required to be tendered in a writ of right, the effect of such tender being to put the demandant, in the first instance, upon proof of the seisin as stated in his count; that is to prove that the seisin was in the king's reign there stated. Rose. Real Act. 216.

—High and low water-mark. See Water- Mark.—Mark banco. See Marc Banco.

MARKEPENNY. A penny anciently paid at the town of Maldon by those who had gutters laid or made out of their houses into the streets. Wharton.

MARKET. A public time and appointed place of buying and selling; also purchase and sale. Caldwell v Alton. 33 Ill. 419, 75 Am. Dec. Taggart v. Detroit, 71 Mich. 92, 38 N. W. 714; Strickland v. Pennsyl- vania R. Co. 154 Pa. 348, 26 Atl. 431, 21 L. R. A. 224. it differs from the forum, or market of antiquity, which was a public market-place on one side only, or during one part of the day only, the other sides being occupied by temples, theaters. courts of justice, and other public buildings. Wharton.

The liberty, privilege, or franchise by which a town holds a market, which can only be by royal grant orilmmemorial usage.

By the term "market" is also understood the demand there is for any particular article: as. "the cotton market in Europe is dull."

—Clerk of the market. See Clerk Market geld. The toll of a market.—Mar- ket overt. in English law. An open and public market. The market-place or spot of ground set apart by custom for the sale of particular goods is, in the country, the only market court; but Ln London every shop in which goods are exposed publiciy to sale is market overt, for such things only as the owner pro- fesses to trade in. 2 Bl. Comm. 449: GOdb. 131: 5 Cake, 83. See Fawcett v. Osborn. 32 Ill. 426, S3 Am. Dec. S.—Market price. The actual price at which the given commodity is currently sold, or has recently been sold, in the open market, that is. not at a forced sale. but in the usual and ordinary course of trade and compeltion, between sellers and buyers equally free to bargni, as established by records of late sales. See Lovejoy v. Michels 88 Mich. 15, 49 N. W. 901, 13. R. A. 770; Sanford v. Peck, 63 Conn. 486, 27 Atl. 1657 Douglas v. Mcrceles. 25 N. J. Eq. 147; Par menter v. Fitzpatrick, l35 N. Y. 190. 31 N. E 1632. The term also means, when price at the place of exportation is in view, the price at which articles are sold and purchased, clear of every charge but such as is laid upon it at the time of sale. Goodwin v. United States, 2 Wash. C. C. 493. Fed. Cas. No. 5.554.—Mar- ket towns. Those towns which are entitled to hold markets. 1 Steph. Comm. (1th Ed.) 130.—Market value. The market value of an article or piece of property is the price which it might he expected to bring if offered for sale in a fair market; not the price which might be obtained on a sale at public auction or a sale forced by the necessities of the owner, but such a price as would be fixed by negotiation and mutual agreement, after ample time to find a purchaser, as between a vendor who is willing (but not compelled) to soil and a purchaser who desircs to buy but is not compelled to take the particular article or piece of properly. See Winnipiseogee Lake etc.. Co. v. Gilford. 67 N. H. 514, 35 Atl. 945; Muser v. Magone, 155 U.S. 240, 15 Sup. Ct. 77, 39 L. Ed. 135; Esch v.Railroad Co., 72 Wis. 229, 39 N. W. 129; Sharpe v. U.S.. 112 Fed. 898, 50 C. C. A. 597, 57 L. R. A. 932; Little Rock Junction Ry. v. Woodruff, 49 Ark. 381, 5 S. W. 792. 4 Am. St. Rep. 51: Lowe v. Omaha. 33 Neb. 587, 50 N. W. 763: San Diego Land Ca. v. Neale, 78 Col. 63, 20 Pac. 372. 3 L. R A. —Market zeld, (properly market geld.) in old records. The toll of a market. Cowell.—Public market. A market which is not only open to the resort of the general public as purchasers, but also avialable to all who wish to offer their wares for sale, stalls, stands, or places being allotted to those who apply to the limits of the capacity of the market. on payment of Fixed rents or fees. See American Live Stock Commission Co. v. Chicago Live Stock Exchange 143 IlL 210, 32 N. E. 274, 18 L. R. A. 190, 36 Am. St. Rep. 385; State v. Fernandez, 39 La. Ann. 538, 2 South. 233; Cincinnati v. Buckingham, 10 Ohio, 257.