Page:Black's Law Dictionary (Second Edition).djvu/763

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MANDATORY

Lhe statute absolutely void; if the provision is such that disregard of it will constitute an irregularity, but one not necessarily fatal. it is said to be directory. So, the mandatory part of a writ is that whioh commands the person to do the act specified.

—Mandatnry injunction. See INJUNCTION.

MANDATUM. Lat In the civil law. The contract of mandate. (q. o.)

MANDAVI BALLIVO. (I have com- ni:indI.d or made my mandate to the bailiff.) In English practice. The return made by s. sheriif, where tl1e baiiiii of a liberty has the execution of a writ. that he has commanded the bailiff to execute it. 1 Tldd, Pr. 309; 2 Tidd, Pr. 1025.

M A N 1-: N '1‘ E s. Tenants. Obsolete. Cowell. MANERA. In Spanish law. Manner or

mode. Las Partidas, pt. 4, tit. 4, l. 2.

MANERIUM. 11131101‘.

In old English law. A

Manerinm dicitur I. Innuendo, lEEl1Xl- dnm excellentinm, laden mngnn, fixs, et stnhihs. Co. Lltt. 58. A manor is so called from mrmerido. according to its excellence, a seat, great, fixed, and firm.

MANGONARE. buy in a market.

1n old English law. To

MANGONELLUS. A warlike instrument for casting stones against the walls of a castle. Cowell.

MANEOOD. In feudal law. A term de- noting the ceremony of doing homage by the vnssal to his lord. The formula used was, “Detcn.iu 1.-rzster homo," I become your man. 2 Bl. Comm. 54.

To ariiie at manhood means to arrive at t\ienty—one years of age. Felton v. Billups, 21 N. C 585.

MANIA. See INSANITY.

MANIFEST. In maritime law. A sea- letter; a written document required to he carried by merchant vessels, containing an account of the cargo, with other particulars, for the facility of the customs officers. See New Yorl: 8: Cuba S. S. 00. v. U. S. (D. C.) 12') Fed. 320.

In evidence. That which is clear and re- quires no proof ; that which is notorious.

Manifestn prohatione non indigent. 7 Coke, 40. Things manifest do not require proof.

MANIFESTO. A formal written declaration, promulgated by a prince, or by the

755

MANOR

uecutive authority of a. state or nation, proclaiming its reasons and motives for declaring a war, or for any other important international action.

MANIPULUS. In canon law. A hand- kerchief, which the priest always had in his left hand. Blount.

MANKIN1). The race or species of hu- man beings. In law. females, as well as

males, may be included under this term. Fortesc. 91. MANN]-IR. This is a, word of large sig-

nification, but cannot exceed the subject to which it belongs. The incident cannot he utended beyond its principal Wells v. Baln, 75 Pa. 39, 54, 15 Am. Rep. 563.

Manner does not necessarily include time. Thus, a statutory requirement that a mining tax shall be "enfori ed in the same nin.uner" as certain annual taxes need not imply an annual coilertion. State v. Eureka Consol. Min. Co., 8 Nev. 15. 29.

Also a. thing stolen, in the hand of the thief ; a. corruption of “mainour," (q. 11.)

MANNER AND FORM; MODO ET FORMA. Formal words introduced at the conclusion of a traverse. Their object is to put the party whose pleading is traversed not only to the proof that the matter of fact de- nled is. in its general effect, true as alleged. but also that the manner and form in which the fact or facts are set forth are also ca- pable of proof. Brown.

MANNING. A day's work of a man. Cowell. A summoning to court. Spelmnn.

MANNIRE. To cite any person to appesr in court and stand in judgment them. It is different from bu-rwiirc; for, though both of them are citations, this is by the adverse party, and that is by the judge. Du Cauge.

MANNOI-‘US. In old English law. Goods taken in the hands of an apprehended thief. The same as “nuLi1i.aur," (q. 1;.)

MANNUS. A horse. Cowell.

MANOR. A house, dwelling, seat. or residence.

In English law, the manor was origi- nally a tract of land granted ont by the king to 11 lord or other great person, in fee It was otherwise called a “barony" or “lord- siiip," l]il(I appendaut to it was the right to hold a court, called the “court-baron." The lands comprised in the manor were divided into fer-me tczzoiiicaifalcx (tenementnl lands or bocland) and tr-rrtr doim7m‘z:alcs, or demesne lands. The former were given by the lord of the manor to his followers or retainers

in freehold. The latter were such as he re-