Page:Black's Law Dictionary (Second Edition).djvu/761

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MANAGE

219, 35 Pac. 677: Saunders v. United Statu Marble C0,, 25 W:isli. 475, 65 Pat‘. T.S2.—Ea.nagern of in conference. Members of the houses of parliament appointed to represent each house at a conference between the two houses. It is an ancient rule that the number of commons minied for ii. conference should be double those of the lords. May, I’arl. I’i'. c. 16. —Mannging agent. Sec AGE1\‘T.—ll[a.:inging owner of ship. '1he managing owner of it Ship is one of several co-owners, to Whom the others, or those of them who join in the adventure, hiive delegated the ni;ina:;cnio.i1t of the ship. He has oiitliority to do all things usual and new-ssnry in the managenient of the ship and the delivery of the cargo, to enable her to pr< -crute her ioyage and earn freight, with the right to appoint an ngent for the purpose. 6 Q. B. Div. 93; Sweet.

MANAGIUM. A mansion-house or dwelling-place. Cowell.

MANAS MEDIE. Men of a. mean condition, or of the lowest degree

MANBOTE. In Saxon law. A compensation or recompense for homicide, particularly due to the lord for killing his man or vassal. the amount of which was regulated by that of the -were.

MANCA. MANGUS, or MANCUSA. A square piece of gold coin, commonly valued at thirty pence. Cowell.

MANCEI-‘s. Lat. In Roman law. Apur- chaser; one who took the article sold in his hand: a, formality observed in certain sales. Calvin. A farmer of the public taxes.

MANCHE-PRESENT. A bribe; B. present from the donor's own hand.

MANCIPARE. Lat. In Roman law. To sell, alienate, or make over to another; to sell with certain formalities; to sell ii. person; one of the forms observed in the process of emancipation.

MANCII-‘ATE. To enslave; to bind; to tie. MANCIPATIO.}} Lat. In Roman law. A

certain ceremony or formal process anciently required to be performed, to perfect the sale or conveyance of res mtmcipi, (land, houses. slai es, horses, or cattle) The parties were present, (vendor and vendcc,) with five wit- nesses and ii. person called “libn';iwns." who held ii. balance or scales. A set form of words was repeated on either side, indicative of transfer of ownership, and certain prescribed gestures performed, anti the vendee then struck the scales with a piece of copper. thereby symbolizing the payment, or weighing out, of the stipulated price.

The ceremony of «rnimcizmtia was used, In later times. in one of the forms of making a will. The testator acted as vendor, and the heir (or fanziliiz emptor) as purchaser, the latter symbolically buying the whole estate, or succession, of the former. The ceremony

Bl.Law Dict.(2d Ed.)—18

753

MANDAMUS

was also used by a father in making a flotitious sale of his son, which sole, when three times repeated, etfectuated the emancipation of the son.

MANCIPI RES. Lat. In Romiin ii1’W. Certain classes of things which could not be allencd or transferred except by means of ii. cerlii in formal ceremony of conveyarice called “1nancipati'o," (q. 1:) These included land, houses. slaves. horses, and cattle. All other things were called "res nee moncip ' The distinction was abolished by Justinian. The distinction corresponded as nearly us may be to the early distinction of English law into real and personal property; rcs niancipi being objects of a military or agricultural char- acter, and res ncc niarmipi being all other subjects of property. Like personal estate. res ncc mamripi were not originally either valuable in so or valued. Brown.

MANCIPIUM. lat. In Roman law. The momentary condition in which a films, etc., might be when in course of emancipation from the patcstas, and before that emancipation was sbsolutely complete. The condition was not like the do7m'm'ca potestas over slaves, but slaves are frequently called "marv-

m'11ia" in the non-legal Roman authors Brown. MANCII-‘LE. A clerk or the kitchen, or

caterer, especially in colleges. Cowei.L

MANCOMUNAL. In Spanish law. All obligation is said to be ma/noamunal when one person assumes the contmct or debt of another, and makes himself liable to pay or fulfill it. Schni. Civil Law, 20.

MANDAMIENTO. In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person coinmlts to the gratuitous charge of an- other his affairs, and the latter accepts the charge. White, New Recop. h. 2, tit. 12, c. 1.

MANDAMUS, Lat. We command. This is the name of a writ (formerly a high pre- rogative wrlt) which issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of its officers, or to an executive, administrative, or judicial officer, or to an inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or mlnlsleilal duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. See Lahi'lI 1'. St. Joseph, etc., Son, 70 Conn. 648. 57 Atl. G92. (1') L. R. A. 92, 100 Am. St. Rep. 101'? Milster v. Spartaiiburg, 68 S. C. 243, 47 S. E. 141; State v. Carpenter. 51 Ohio St. 83. 37 N. E. 201, 46 Am. St. Rep. 556: Chicago & N. W. It. Co. v. Crane, 113 U. S. 4-24, 5 Slip. Ct. 578. 25 L. i<‘d. 106-1: Arnold v. Kennebec County. 93

Me. 117, 44 AU. 364; Placard v. State, 148 Ind.