Page:Black's Law Dictionary (Second Edition).djvu/764

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MANOR

served for his own use; but of these part were held by tenants in copyhold, ‘L 3., those holding by a. copy of the record in the lord's court; and part, under the name of the "lord's waste," served for public roads and commons of pasture for the lord and tenants. The tenants, considered in their relation to the court-baron and to each other, were called “gzarcs cwriaa." The word al- so signified the franchise of hmlng a manor, with jurisdiction for a couit-baron and the right to the rents and services of copyhold- BPS.

In American law. A manor is a. tract

held of a proprietor by E. fee-form rent in money or in kind, and descending to the oldest son of the proprietor, who in New York is called 2. "pat.roon." People v. Van Rensse laer_ 9 N. Y. 291. —Repnted manor. Whenever the demesne lanils and the sersiccs become absolutely sep- nrated, the manor ceases to be a manor in reality, although it may (and usually does) continue to be a manor in reputation, and is then called a “reputed manor," and it is nlso sometimes called I “seigniory in gross." Brown.

MAN QUELLER. In Saxon law. A murderer.

MANRENT. In Scotch law. The service of 5. man or vasszil. A bond of manrent was an instrument by which a person, in order to secure the protection or some powerful lord, bound himself to such lord for the performance of certain services.

IVIANSE. In old English law. A habitntloii or dwelling. generally with land attached. Spelman.

A residence or dwelling-house for the parish priest; a. parsonage or vicnrage house.

’.‘oiveil. Still used in Scotch law in this sense. MANSER. A bastard. Cowell.

MANSION. A dwelling-house or place of resiilence, including its appurtenant out- buildings. Thompson v. People, 3 Parker, Cr. R. (N. 1'.) 214: Comm. v. Peiinock, 3 Serg. & R. (Pa.) 199; Armour v. State, 3 Hiiroph_ (Tenn.) 385; Devoe v. Comm., 3 Mctc. (l\Ii1ss.) 325.

The mansion includes not only the dwelling- house, but also the oiithoiises, such as barns, stiblcs. eovilioiisns. daii-v houses, and the like, iii they are parcel of the messuage (that is, viirhin the ciii-Libigc or protection of the dwellinn-house) though not under the same roof nor conliguous to ‘ 2 East. P. G. 492; State v. Broulis. 4 Conn. 4-18: Bryant v. State, K0 Ga. 358‘. Fletcher v. State. 10 Les (Terin.) 339.

In old English law. lng.

—Mansion-house. In the law of burglary, etc., uny species of dwelling-house. 3 Inst. 64.

Residence; dwell-

MANSLAUGHTER. In criminal law. The unlawful killing of another without

756

MANU BREVI

malice, either expres or implied; which may be either voluntarily, upon a sudden heat. or involuntarily, but in the commission of some unlawful act. 1 Hale, I’. C. 466; 4 iii. Comm. 1.91.

Manslaughter is the unlawful killing of a human creature without malice, either 2:- press or implied, and without any nilunre of deliberation whziterer; which may be vul- untary, upon in sudden heat of paoulon, or involuntary, in the commission of an uuhiv- ful act, or a lawful act without due ciiiitlta and circumspect-ion. Code Go. 1582, 5 4334: Pen. Code Cal. § 192. And see Wallace 1'. U. S.. 162 U. S. 466. 16 Sup. Ct. 859, 40 L. Ed. 1039, Stokes v. State, 18 Ga. 35; Clarke v. State. 117 Ala. 1, 23 South. 671, 67 Am. St. Rep. 157; U. S. v. King (C. 0.) 34 Fed Si People v. Maine, 51 App. Div. 142. 0-1 N. Y. Supp. 579; High v. State. 26 Tex App. 545, 10 S. W. 238. 8 Am. St Rep. 488; State v. lVorkn1an, 39 S. 0. 151. 17 S. E. (394; State v. Brown. 2 Marv. (Del.) 380, 36 Atl. 4:73; U. S. v. Lewis (0. 0.) 111 Fed. 632. State v. Zellers. 7 N. J. Law. 243.

The distinc ‘on between “in:inslaughter" and “murdei-" consists in the following: In the former, though the art which occasions the drink ‘be unlawful or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the V('l'y essence of iniirrler, is presumed to be wanting in munslaughler. 1 East, P. C. 218; Comm. v. Wcbster. 5 C_o:l.l.

Mass.) 304 52 Am. Dec 711. it also dill.-rs

rein “mur er" in this: that there can be no accessztries before the fact, there having hem no time for premeditation. 1 Hale. -P. G. " : Russ. Crimes, 485: 1 Bish. Criin. Law, 678. —Voluntiu-y manslaughter. In criminal law. Manslaughter committed voluntarily upon a sudden beat of the passions; as if, upon 8. -sudden qiizirrel, two persons light, and one of them kills the other. 4 Bl. Comm. 190, 191.

MANSO, or IKANSUM. 1n old English law. A inanslon or house. Spelinnn.

—Mansnn oapntale. The inanur-house or loril’s court. Paroch. Antiq. 150.

word sometimes "kidnapping"

MANSTEALING. A used synonymously with (a. v.)

MANSUETUS. Lat. Tame; accustomed to come to the hand. Comm. 391.

as flioiigh 2 iii.

MANTEA. In old records. or mantle.

A long robe

MANTHEOFI‘. In Saxon law. A horse stealer.

IILANTICULATE. To pick pockets.

MAI!-'1‘RA.PS. Engines to catch trespassers, now unlawful unless set in a dwelling-house for defense between sunset and sunrise. 24 & 25 Vict. c. 100, § 31.

MANU BEEVI. Lat. With 2, short

hand. A term used in the civil law. signify-