Manner

* A word of large signification, but cannot exceed the subject to which it belongs: the incident cannot be extended beyond the principal.* The power to direct the " manner," the mode, the way, in which an act shall be done, and the power to do the act itself, are, obviously, not identical. To prescribe the manner of election or appointment to an office is an ordinary legislative function; to make an appointment is an administrative function.* In like manner. Assessment of damages "in like manner," as prescribed by a former act, may refer merely to the general method.' In the same manner. By similar proceedings, so far as such proceedings are applicable to the subject-matter.* That a mining tax shall be enforced '* in phe same manner " as a certain annual tax, does not necessarily mean within the same time.^ Manner and form. Words used in tendering an issue, general or special. When of the substance of the issue, they put in issue the circumstances to the principal matter denied, — time, place, manner, etc.; otherwise, when not of the substance. When the circumstances are originally and in themselves material, and therefore to be proved as stated, the words *' in manner and form " are of the substance.. The words put in issue all material circumstances, and no other.'" See Mode; Modus. 1 L. manifestus, lit., struck by the hand: palpable; apparent, evident. = Matter of Hermance, 71 N. T. 486 (1877), Allen, J. > See 1 Story, U. S. Laws, 593. * F. manier, habitual: main, hand.

6 Wells V. Bain, 75 Pa. 64 (1874), Agnew, C. J. See Brown v. O'Connell, 36 Conn. 447 (1870); 70 N. T, 483. » State, ex rel. Attorney-General v. Kennon, 7 Ohio St. 560 (1857). ' Thirty-fourth Street, Philadelphia, 81 Pa. 31 (1876). * Phillips u. County Commissioners, 122 Mass. 260 (1877). 9 State V. Eureka Consolidated Mining Co., 8 Nev. 29