KFLCC Kingdom Law 2nd Ed.

756

MANU BREVI

MANOR

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 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 oth er, were called "pares curiw." The word al so 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." People v. Van Rensse laer, 9 NL Y. 291. —Reputed manor. Whenever the demesne lands and the services become absolutely sep arated, the manor ceases to be a manor in reality, although it may (and usually does) con tinue to be a manor in reputation ; and is then called a "reputed manor," and it is also some times called a "seigniory in gross." Brown. MANQUELLER. In Saxon law. A mur derer. 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 power ful lord, bound himself to such lord for the performance 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. •Jowell. Still used in Scotch law in this sense. MANSER. A bastard. Cowell. MANSION. A dwelling-house or place of residence, including its appurtenant out buildings. Thompson v. People, 3 Parker, Cr. R. (N. Y.) 214; Comm. v. Pennock, 3 Serg. & R. (Pa.) 199; Armour v. State, 3 Humph. (Tenn.) 385; Devoe v. Comm., 3 Mete. (Mass.) 325. The mansion includes not only the dwelling house, but also the outhouses, such as barns, stables, cowhouses, dairy houses, and the like, ifl they are parcel of the messuage (that is, within the curtilage or protection of the dwell ing-house) though not under the same roof nor contiguous to it. 2 East, P. C. 492; State v. Brooks, 4 Conn. 448; Bryant v. State, 60 Ga. 358; Fletcher v. State, 10 Lea (Tenn.) 339. In old English law. Residence; dwell ing., —Mansion-house. In the law of burglary, eta, any species of dwelling-house. 3 Inst. 64. MANSLAUGHTER. In criminal law. The unlawful killing of another without

malice, either express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, 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. And see Wallace v. 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. C.) 34 Fed. 309; People v. Maine, 51 App. Div. 142, 64 N. Y. Supp. 579; High v. State, 26 Tex. App. 545, 10 S. W. 238, 8 Am. St Rep. 488; State v. Workman, 39 S. C. 151, 17 S. E. 694; State v. Brown, 2 Marv. (Del.) 380, 36 Atl. 458; U. S. v. Lewis (C. C.) Ill Fed. 632; State v. Zellers, 7 N. J. Law, 243. 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 mischief, yet the malice, either express or im plied, which is the very essence of murder, is presumed to be wanting in manslaughter. 1 East, P. C. 218; Comm. v. Webster, 5 Cush. (Mass.) 304, 52 Am. Dec. 711. It also differs from "murder" in this: that there can be no accessaries before the fact there having been no time for premeditation. 1 Hale, P. C. 437; 1 Russ. Crimes, 485; 1 Bish. Crim. Law, 678. —Voluntary manslaughter. In criminal law. Manslaughter committed voluntarily up on a sudden heat of the passions; as if, upon a sudden quarrel, two persons fight, and one of them kills the other. 4 BL Comm. 190, 191. MANSO, or MANSUM. In old English law. A mansion or house. Spelman. — Mansum oapitale. The manor-house or lord's court. Paroch. Antiq. 150. MANSTEAIiING. A word sometimes used synonymously with "kidnapping," (Q. V.) MANSUETUS. Lat Tame; as though accustomed to come to the hand. 2 BL Comm. 391. MANTEA. In old records. A long robe or mantle. MANTHEOFF. In Saxon law. A horse stealer. MANTICUIiATE. To pick pockets. MAN-TRAPS. Engines to catch tres passers, now unlawful unless set in a dwell ing-house for defense between sunset and sunrise. 24 & 25 Vict c. 100, § 31. MANTJ BREVI. Lat. With a short hand. A term used in the civil law. signify-