Blacks Law Dict. 1st ed

MANSLAUGHTER

750

MANKIND

ants. The tenants, considered in their rela tion to the court-baron and to each other, were called "pares curia." The word also signified the franchise of having a manor, with jurisdiction for a court-baron and the right to the rents and services of copyhold ers. In American law. A manor is a tract held of a proprietor by a fee-farm rent in money or in kind, and descending to the old est son of the proprietor, who in New York is called a "patroon." 13 N. Y. 291. MANQUELLEE. InSaxonlaw. A murderer. MANRENT. In Scotch law. The serv ice of a man or vassal. A bond of manrent was an instrument by which a person, in or der to secure the protection of some powerful lord, bound himself to such lord for the per formance of certain services. MANSE. In old English law. A habi tation or dwelling, generally with land at tached. Spelman. A residence or dwelling-house for the par ish priest; a parsonage or vicarage house. Cowell. Still used in Scotch law in this sense. MANSER. A bastard. Cowell. MANSION. A dwelling-house. In old English law. Residence; dwell ing. MANSION-HOUSE. In the law of burglary, etc., any species of dwelling-house. 3 Inst. 64. MANSLAUGHTER. In criminal law. The unlawful killing of another without mal ice, either expiess or implied; which may be either voluntarily, upon a sudden heat, or in voluntarily, but in the commission of some unlawful act. 1 Hale, P. C. 466; 4 Bl. Comm. 191. Manslaughter is the unlawful killing of a human creature without malice, either ex press or implied, and without any mixture of deliberation whatever; which may be vol untary, upon a sudden heat of passion, or involuntary, in the commission of an unlaw ful act, or a lawful act without due caution and circumspection. Code Ga. 1882, § 4324; Pen. Code Cal. § 192. The distinction between "manslaughter" and "murder" consists in the following: In the for mer, though the act which occasions the death be unlawful or likely to be attended with bodily mis chief, yet the malice, either express or implied, which is the very essence of murder, is presumed

MANKIND. The race or species of hu man beings. In law, females, as well as males, may be included under this term. Fortesc. 91. MANNER. This is a word of large sig nification, but cannot exceed the subject to which it belongs. The incident cannot be extended beyond its principal. 75 Pa. St. 39, 54. Manner does not necessarily include time. Thus, a statutory requirement that a mining tax shall be "enforced in the same manner" as certain annual taxes need not imply an annual collection. 8 Nov. 15, 29. Also a thing stolen, in the hand of the thief; a corruption of "mainour," (q. ©.) 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 nied is, in its general effect, true as alleged, but also that the manner and form in which the fact or facts are set foith are also capable of proof. Brown. MANNING. A day's work of a man. Cowell. A summoning to court. Spelman. MANNIRE. To cite any person to ap pear in couit and stand in judgment there. It is different from bannire; for, though both of them are citations, this is by the adverse party, and that is by the judge. Du Cange. MANNOPUS. In old English law. Goods taken in the hands of an apprehended thief. The same as "mainour," (q. v.) MANNUS. A horse. Cowell. MANOR. A house, dwelling, seat, or residence. In English, law, the manor was origi nally a tract of land granted out by the king to a lord or other great person, in fee. It was otherwise called a "barony" or "lord ship," and appendant to it was the right to hold a court, called the "court-baron." The lands comprised in the manor weie divided into terrce tenementales (tenemental lands or bocland) and terrce dominicales, 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 served for his own use; but of these part were held by tenants in copyhold, i. e., those holding by a copy of the record in the loid's court; and part, under the name of the "lord's waste," served for public roads and commons of pasture for the lord and ten

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