KFLCC Kingdom Law 2nd Ed.

MANDAMUS

MANAGE

753

was also used by a father in making a ficti tious sale of his son, which sale, when three times repeated, effectuated the emancipation of the son. MANCIPI RES. Lat. In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called "mancipatio," '(q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nee mancipi." The distinction was abolished by Justinian. The distinction corresponded as nearly as may be to the early distinction of English law into real and personal property; res mancipi be ing objects of a military or agricultural char acter, and res nee mancipi being all other subjects of property. Like personal estate, res nee mancipi were not originally either valuable in se or valued. Brown. MANCIPIUM. Lat. In Roman law. The momentary condition in which a filius, etc., might be when in course of emancipation from the potestas, and before that emancipa tion was absolutely complete. The condition was not like the dominica potestas over slaves, but slaves are frequently called "man cipia" in the non-legal Roman authors. Brown. MANCIPLE. A clerk of the kitchen, or caterer, especially in colleges. Cowell. MANCOMUNAL. In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120. In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one per son commits to the gratuitous charge of an other his affairs, a^d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1. MANDAMUS, Lat We command. This is the name of a writ (formerly a high pre rogative writ) 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 ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. See Lahiff v. St. Joseph, etc., Soc, 76 Conn. 648, 57 Atl. 692, 65 L. R. A. 92, 100 Am. St. Rep. 1012; Milster v. Spartanburg, 68 S. C. 243, 47 S. E. 141; State v. Carpenter, 51 Ohio St 83, 37 N. E. 261, 46 Am. St. Rep. 556; Chicago & N. W. R, Co. v. Crane, 113 U. S. 424, 5 Sup. Ct. 578, 28 L. Ed. 1064; Arnold v. Kennebec County, 93 Me. 117, 44 Atl. 364; Placard v. State, 148 Ind. MANDAMIENTO.

219, 35 Pac. 677; Saunders v. United States Marble Co., 25 Wash. 475, 65 Pac. 782.—Man agers of a 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 named for a conference should be double those of the lords. May, Pari. Pr. c. 16. —Managing agent. See AGENT.—Manag ing owner of ship. The managing owner of a ship is one of several co-owners, to whom the others, or those of them who join in the adven ture, have delegated the management of the ship. He has authority to do all things usual and necessary in the management of the ship and the delivery of the cargo, to enable her to prosecute her voyage and earn freight, with the right to appoint an agent for the purpose. 6 Q. B. Div. 93; Sweet. MANAGITTM. A mansion-house or dwell ing-place. Cowell. MANAS MEDLffi. Men of a mean con dition, or of the lowest degree. MANBOTE. In Saxon law. A compensa tion 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, MANCUS, or MANCUSA. A square piece of gold coin, commonly valued at thirty pence. Cowell. MANCEPS. Lat. In Roman law. A pur chaser; one who took the article sold in his hand; a formality observed in certain sales. Calvin. A farmer of the public taxes. MANCHE-FRESENT. A bribe; a pres ent from the donor's own haDd. MANCIPARE. Lat. In Roman law. To sell, alienate, or make over to another; to sell with certain formalities; to sell a per son; one of the forms observed in the pro cess of emancipation. MANCIPATE. 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 mancipi, (land, houses, slaves, horses, or cattle.) The parties were present, (vendor and vendee,) with five wit nesses and a person called "libripens," who held a balance or scales. A set form of words was repeated on either side, indicative of transfer of ownership, and certain pre scribed gestures performed, and the vendee then struck the scales with a piece of copper, thereby symbolizing the payment, or weigh ing out, of the stipulated price. The ceremony of mancipatio was used, in later times, in one of the forms of making a will. The testator acted as vendor, and the heir (or familice emptor) as purchaser, the latter symbolically buying the whole estate, or succession, of the former. The ceremony BI-LAW DICT.(2D ED.)—48