MALA PROHIBITA. Those things which are prohibited by law, and therefore unlawful.
2. A distinction was formerly1 made in respect of contracts, between mala prohibita and mala in se; but that distinction has been exploded, and, it is now established that when the provisions of an act of the legislature have for their object the protection of the public, it makes no difference with respect to contracts, whether the thing be prohibited alsolutely or under a penalty. 5 B. & A 5, 340; 10 B. & C. 98; 3 Stark2. 61; 13 Pick. 518; 2 Bing. N. C. 636, 646.
MALE. Of the masculine sex; of the sex that begets3 young; the sex opposed to the female. Vide Gender4; Man; Sex; Worthiest5 of blood.
MALEDICTION6, Eccles. law. A curse which was anciently annexed7 to donations of lands made to churches and religious houses, against those who should violate their rights.
MALEFACTOR8. He who bas been guilty of some crime; in another sense, one who has been convicted of having committed a crime.
MALEFICIUM, civil law. Waste, damage, torts, injury. Dig. 5, 18, 1.
MALFEASANCE, contracts, torts. The unjust performance of some act which the party had no right, or which he had contracted not to do. It differs from mis- feasance, (q. v.) and nonfeasance. (q. v.) Vide 1 Chit. Pr. 9; 1 Chit. Pl. 134.
MALICE9, crim. law. A wicked intention to do an injury. 4 Mason, R. 115, 505: 1 Gall10. R. 524. It is not confined to the intention of doing an injury to any particular person, but extends to an evil design, a corrupt11 and wicked notion against some one at the time of committing the crime; as, if A intended to poison B, conceals12 a quantity of poison in an apple and puts it in the way of B, and C, against whom he had no ill will, and who, on the contrary, was his friend, happened to eat it, and die, A will be guilty of murdering C with malice aforethought. Bac. Max. Reg. 15; 2 Chit. Cr. Law, 727; 3 Chit. Cr. Law,. 1104.
2. Malice is express or implied. It is express, when the party evinces an intention to commit the crime, as to kill a man; for example, modern duelling. 3 Bulstr. 171. It is implied, when an officer of justice is killed in the discharge of his duty, or when death occurs in the prosecution13 of some unlawful design.
3. It is a general rule that when a man commits an act, unaccompanied by any circumstance justifying14 its commission, the law presumes he has acted advisedly and with an intent to produce the consequences which have ensued. 3 M. & S. 15; Foster, 255; 1 Hale, P. C. 455; 1 East, P. C. 223 to 232, and 340; Russ. & Ry. 207; 1 Moody15, C. C. 263; 4 Bl. Com. 198; 15 Vin. Ab. 506; Yelv. 105 a; Bac. Ab. Murder and Homicide, C 2. Malice aforethought is deliberate premedi-tation. Vide Aforethought.
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