Law Dictionary

The writ of mandamus is subject to the legal and equitable discretion of the court, and it ought not to be issued in cases of doubtful right. But it is the only adequate mode of re

The traditional use of the writ in aid of appellate jurisdiction both at common law and in the federal courts has been to confine an inferior court to a lawful exercise of its pres

Mandamus, prohibition and injunction against judges are drastic and extraordinary remedies... They should be resorted to only where appeal is a clearly inadequate remedy. We are un

the duty required of the Secretary by the resolution was to be performed by him as the head of one of the executive departments of the government, in the ordinary discharge of his

In civil law. The employing party in a contract of mandate. One who gives a thing in charge to another; one who requires, requests, or employs another to do some act for him. Inst.

The bailor in a contract of mandate. MANDATA LICITA STRICTAM RECIPIunt Interpretationem, sed illicita latam et extensam. Lawful commands receive a strict interpretation, but unlawf

I. In old English law. To command; to commit; to make return to a writ Mandare execatioui: to commit to execution, to put in execution. In the civil law. To give in charge; to comm

In French law. A mandatary. MANDATARIUS TERMINOS SIBI POSItos transgredi non potest. A mandatary cannot exceed the bounds of his authority. Jenk. Cent. Cas. 53.

Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16.

Lawful commands receive a strict interpretation, but unlawful ones receive a broad and elastic one.

I. In the civil law. A mandatary. Mandatarins terminos sibi positos transgredi uon potest: a mandatary cannot exceed the limits assigned hira.

A mandatary, which see.

A mandatary cannot transgress the limits of his powers.

The authority conferred upon the mandatary by the letter of attorney is special and limited, and his acts under it are valid only as they come within its scope and operation. He wa

The District Court had no power to set aside the judgment of the Supreme Court, its authority extending only to executing the mandate.

The term “mandated foreign national severance pay” means severance pay paid by a contractor to a foreign national employee the payment of which by the contractor is required in ord

I. In old English law. The mandate or warrant of court In the civil law. That kind of bailment in which one party gives something in charge to the other to do for him, and the latt

In Spanish law. The contract of mandate. Escriche.

PANES DE. Loaves of bread given to the poor upon Maundy Thursday.

Loaves of bread given to the poor upon Maundy Thurs day.

The person who consigns property to another under a contract of mandate. Story, Bailm. § 138.

Containing a command; peremptory. As applied to statutes, a provision is mandatory if proceedings in disregard of it are absolutely void. 1 Duer (N. Y.) 79.

The term “mandatory ceiling amount” means— (A) $107,255,000 with respect to Puerto Rico; (B) $4,686,000 with respect to Guam; (C) $3,554,000 with respect to the Virgin Islands; and

the term “mandatory class I Federal areas” means Federal areas which may not be designated as other than class I under this part;

The term “mandatory contributions” means amounts contributed to the plan by a participant which are required as a condition of employment, as a condition of participation in such p

“mandatory health or safety standard” means the interim mandatory health or safety standards established by subchapters II and III of this chapter, and the standards promulgated pu

The term “mandatory home leave” means leave under section 903 of the Foreign Service Act of 1980 ( 22 U.S.C. 4083 ).

One which (1) commands the defendant to do some positive act or particular thing; (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the

A mandatory injunction, like a mandamus, is an extraordinary remedial process, which is granted, not as a matter of right, but in the exercise of a sound judicial discretion. It is

the term "mandatory partner" means a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described

For purposes of this section, the term “mandatory rotation” refers to the imposition of a limit on the period of years in which a particular registered public accounting firm may b

A statute which plainly commands something, as distinguished from a directory statute which leaves a choice. See 69 Cal. 479, 11 Pac. 3.

A state law providing for a state live stock sanitary State V. Mc Carty, 6 Ala. App. 212, 69 South. 543. See Statute.

When the requisitions prescribed are intended for the protection of the citizen, and to prevent a sacrifice of his property, and by a disregard of which his rights might be and gen

[Section 8(d)] does establish a limitation against which proposed topics must be measured. In general terms, the limitation includes only issues that settle an aspect of the relati

The duty is limited to those subjects [wages, hours, and other terms and conditions of employment], and within that area neither party is legally obligated to yield. As to other ma

In the civil law. Mandate (g. V.) MANDATUM NISI GRATUITUM NULlum est. Unless a mandate is gratuitous, it is not a mandate. Dig. 17. 1. 1. 4; Inst. 3, 27; 1 Bouv. Inst, note 1070. M

A mandate, unless gratuitous is not one.

I have commanded the bailiff—a form of return on an execution.

“Man-day” means any day during which an employee performs any agricultural labor for not less than one hour.

mundhrich, sax. In Saxon law. Violation of the mund or king's protection; a breaking of enclosures.

A collection of the laws and ducal customs of Normandy, composed about A. D. 1229, in the reign of Henry III. of England. Hale's Hist. Com. Law, c. 6. This, from its high antiquity

Remaining.

Tenants. Obsolete. Cowell.

In Spanish law. Manner or mode. Las Partidas, pt. 4, tit. 4, lib. 2.

I. t In old English law. A manor; a manor house. Manerium dicltnr a manendo, secundum excellentiam; sedes magna, flxa et stabilis: it is called manor from manendo, par excellence;

A house against which geld is charged. Maitland, Domeday Book and Beyond 120.

SEcundum excellentiam, sedes magna, fixa, e't stabilis. A manor is so called from manendo, according to its excellence, a seat, great, fixed, and firm. Co. Litt. 58.

Manor is derived from “manendo,” according to excellence, a great, fixed and stable abode.

In old English law. To buy in a market.

A warlike instrument for casting stones against the walls of a castle. Cowell.

I. fr. In spite of; against the will of. v. Malgre.

The term "Manhattan Project" means the Federal military program to develop an atomic bomb ending on December 31, 1946.

In feudal law. A term denoting the ceremony of doing homage by the vassal to his lord. The formula used was devenio vester homo, I become your man. 2 Bl. Comm. 54. See "Homage."

In medical jurisprudence. This is the most common of all the forms of recent insanity, and consists of one or both of the following conditions, viz., intellectual aberration, and m

See "Delirium Tremens."

A form of insanity characterized by alternating periods of high maniacal excitement and of depressed and stuprous conditions in the nature of or resembling melancholia, often occur

A form of insanity characterized by a morbid state of religious feeling. Ekin v. McCracken, 11 Phila. (Pat) 540.

Emotional insanity, which see.

the term “manifest” means that which is unmistakable, clear, plain, or indisputable and requires that the opposite conclusion be clearly evident. / The term “manifest” means the fo

Manifest facts do not need proof.

In unrestricted submission, such as the present margin agreements envisage, the interpretations of the law by the arbitrators in contrast to manifest disregard are not subject, in

The manifest function of the First Amendment in a representative government requires that legislators be given the widest latitude to express their views on issues of policy.

the law has invested Courts of justice with the authority to discharge a jury from giving any verdict whenever, in their opinion, taking all the circumstances into consideration, t

/. Clear; evident; manifest Manifesta probatione non indigent: clear things need no proof.

A solemn declaration, by the constituted authorities of a nation, which contains the reasons for its public acts towards another. On the declaration of war, a manifesto is usually

Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.

I. I. In old English law. Done with the hand; manual.

the term “manipulation” means the repackaging, cleaning, sorting, or removal from or placement on carts of international travel merchandise; and

In canon law. A handkerchief, which the priest always had in his left hand. Blount.

Persons of the male sex; the human species. St. 25 Hen. VIII., c. 6, makes it felony to commit sodomy with mankind or beast. Females as well as males are included under the term "m

the term “manmade air pollution” means air pollution which results directly or indirectly from human activities;

I. I. In old English law. To become surety; to offer one's self as a surety to redeem another from imprisonment, and to have him in court at an appointed day.

1 1. In old English law. Manucaption; surety or security.

the State's substantive "policies and preferences" for redistricting, "White" v. "Weiser," 412 U. S., at 795, as expressed in a State's statutes, constitution, proposed reapportion

In pleading. After traversing any allegation in pleading, it is usual to say, "in manner and form as he has in his declaration in that behalf alleged," which is as much as to inclu

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 denied is, in it

the reference to the 'manner provided' in those sections draws into the 1931 Act only the procedural steps for securing deportation set forth in those sections

A day’s work of a^ man. Cowell. A summoning to court. Spelman, Gloss.

A citation by an adverse party to appear in court.

Stolen goods taken from the thief.

A horse, Cowell.

A dummy; an irresponsible bondsman. See Straw-bond .

There were no manors, in a legal acceptation of the word, in this state, but there were many tracts of land appropriated to the separate use of the proprietaries, to which this nam

Same as Court-baron.

A murderer.

or MANRED. In Scotch law. The service of a man or vassal. A bond of manrent was an instrument by which a person, in order to secure the protection of some powerful lord, bound hims

A vassal’s promise of fidelity for his lord’s protection.

Habitation; fa,rm and land. Spelman. Parsonage or vicarage house. Paed. Airt. 431; Jacob. So in Scotland. Bell, Diet.

A bastard. Cowell.

Z. Z. In old English law. A dwelling; a mansion. mansion. A dwelling-house. Mansion-house: in its common sense, includes not only the'dwelling-house, but also all out-houses, if pa

Lat. [from manere, to stay.] In old European law. An inn; a place of entertainment and accommodation for travelers. Spelman. In old English law. A dwelling; a mansion; which might

The dwelling-house and all within the curtilage thereof. See 60 Ga. 358. See, also, Curtilage.

In the law of burglary, eta, any species of dwelling-house. 3 Inst. 64.

Any house of dwelling, in the law of burglary, etc. 3 Inst. 64. The term "mansion house," in its common sense, not only includes the dwelling house, but also all the buildings with

Homicide 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, or with crimi

Manslaughter is homicide committed without excuse or justification, and without malice aforethought, expressed or implied. 1 Hawk. P. C. c. 30, §§ 2, 3; Steph. Dig. Crim. Law, art.

the unlawful and felonious killing of another without any malice, either express or • implied.

4 Steph. Com. 103, note (t). Chance medley is distinguished by Blackstone from homicide per infortunium, or by misadventure, (4 Bl. Com. 182;) tliouffh the terms seem to be confoun

I. In the civil law. Tame; tamed; as though accustomed to come to fhe hand. M^saeto naturas, I. Tamed; of a domestic nature.