英文法律词典 M-14

MANDATE¹, civil law. Mandates² were the instructions which the emperor addressed to public functionaries³, which were to serve as rules for their conduct. 2. These mandates resembled those of the pro-consuls, the mandata jurisdictio, and were ordinarily binding⁵ on the legates or lieutenants⁶ of the emperor of the imperial provinces, and, there they had the authority of the principal edicts. Sav. Dr. Rom. ch. 3, 24, n. 4

. MANDATOR, contracts. The person employing another to perform a mandate. Story on Bailm. 138; 1 Brown, Civ. Law, 382; Halif. Anal. Civ. Law, 70.

MANDAVI BALLIVO, English law. The return made by a sheriff, when he has committed the execution of a writ⁷ to a bailiff of a liberty, who has the right to execute the writ.

MANHOOD. The ceremony of doing homage⁸ by the vassal⁹ to his lord was de- nominated homagium or manhood, by the feudists. The formula used was devenio vester homo, I become you Com. 54. See Homage.

MANIA¹⁰, med. jur. This subject will be considered by examining it, first, in a medical point of view; and, secondly¹¹, as to its legal consequences.

2. - 1. Mania may be divided into intellectual and moral.

1. Intellectual mania is that state of mind which is characterised by certain hallucinations, in which the patient is impressed with the reality of facts or events which have never occurred, and acts in accordance with such belief; or, having some notion not altogether unfounded, carries it to an ex- travagant and absurd length. It may be considered as involving all or most of the operations of the understanding, when it is said to be general; or as be-ing confined to a particular idea, or train of ideas, when it is called partial.

3. These will be separately examined. 1st. General intellectual mania is a disease which presents the most chaotic¹² confusion into which the human mind, can be involved, and is attended by greater disturbance¹³ of the functions of the body than any other. According to Pinel, Traite d'Alienation Mentale, p. 63, "The patient sometimes keeps his head elevated and his looks fixed¹⁴ on. high; he speaks in a low voice, or utters cries and vociferations without any apparent motive¹⁵; he walks to and fro, and sometimes arrests his steps as if fixed by the sentiment of admiration¹⁶, or wrapt up in profound reverie. Some insane persons display wild excesses of merriment, with immoderate bursts of laughter. Sometimes also, as if nature delighted in contrasts, gloom and taciturnity prevail, with involuntary showers of tears, or the anguish¹⁸ of deep sorrow, with all the external signs of acute mental suffering. In certain cases a sudden reddening of the eyes and excessive loquacity¹⁹ give presage²⁰ of a speedy explosion of violent madness and the urgent necessity of a strict confinement²¹. One lunatic, after long intervals²² of calmness, spoke²³ at first with volubility, uttered frequent shouts of laughter, and then shed a torrent²⁴ of tears; experience had taught the necessity of shutting him up immediately, for his paroxysms were at such times of the greatest violence. "Sometimes, however, the patient is not altogether devoid²⁶ of intelligence; answers some questions very appropriately, and is not destitute²⁷ of acuteness and ingenuity²⁸. The derangement²⁹ in this form of mania is not confined to the intellectual facul-ties, but not unfrequently extends to the moral powers of the mind.

4. - 2d. Partial intellectual mania is generally known by the name of monomania. (q. v.) In its most usual and simplest form, the patient has conceived some single notion contrary to common sense and to common experience, generally dependent on errors of sensation; as, for example, when a person believes that he is made of glass, that animals or men have taken their abode³⁰ in his stomach or bowels³¹. In these cases the understanding is frequently found to be sound on all subjects, except those connected with the hallucination. Sometimes, instead of being limited to a single point, this disease takes a wider range, and there is a class of cases, where it involves a train of morbid³² ideas. The patient then imbibes³³ some notions connected with the various relations of persons, events, time, space, &c., of the most absurd and unfounded nature, and endeavors, in some measure, to regulate his conduct accordingly; though, in most respects, it is grossly inconsistent with his delusion³⁴.

5. Moral mania or moral insanity³⁵, (q. v.) is divided into, first, general, where all the moral faculties³⁶ are subject to a general disturbance and secondly, partial, where one or two only of the moral powers are perverted³⁷.

6. These will be briefly³⁸ and separately examined. 1st. It is certain that many individuals are living at large who are affected³⁹, in a degree at least, by general moral mania. They are generally of singular habits, wayward temper, and eccentric character; and circumstances are frequently attending them which induce a belief that they are not altogether sane¹⁷. Frequently there is a hereditary⁴⁰ tendency to madness in the family; and, not seldom, the individual himself has at a previous period of life sustained an attack of a decided⁴¹ character: his temper has undergone a change, he has become an altered man, probably from the time of the occurrence of something which deeply affected him, or which deeply affected his bodily constitution. Sometimes these alterations⁴² are imperceptible, at others, they are sudden and immediate²⁵. Individuals afflicted⁴³ with this disease not unfrequently "perform most of the common duties of life with propriety⁴⁴, and some of them, indeed, with scrupulous⁴⁵ exactness, who exhibit no strongly marked features of either temperament⁴⁶, no traits of superior or defective⁴⁷ mental endowment, but yet take violent an- tipathies, harbor unjust suspicions, indulge strong propensities⁴⁸, affect singularity in dress, gait, and phraseology; are proud, conceited⁴⁹, and ostentatious; easily excited and with difficulty appeased⁵⁰; dead to sensi- bility, delicacy⁵¹, and refinement⁵²; obstinately⁵³ riveted⁵⁴ to the most absurd opinions; prone⁵⁵ to controversy⁵⁶, and yet incapable⁵⁷ of reasoning; always the hero of their own tale, using hyperbolic, high flown language to express the most simple ideas, accompanied by unnatural⁵⁸ gesticulation, inordinate⁵⁹ ac- tion, and frequently by the most alarming expression of countenance⁶⁰. On some occasions they suspect sinister⁶¹ intentions on the most trivial grounds; on others are a prey⁶² to fear and dread⁶³ from the most ridiculous and imaginary sources; now embracing every opportunity of exbibiting romantic courage and feats⁶⁴ and hardihood, then indulging themselves in all manner of excesses. Persons of this description, to the casual observer, might appear actuated by a bad heart, but the experienced physician knows it is the head which is defective. They seem as if constantly affected by a greater or less degree of stimulation⁶⁵ from intoxicating⁶⁶ liquors, while the expression of countenance furnishes an infallible proof of mental disease. If subjected to moral re- straint, or a medical regimen, they yield with reluctance⁶⁷ to the means proposed, and generally refuse and resist, on the ground that such means are unnecessary where no disease exists; and when, by the system adopted, they are so far recovered, as to be enabled to suppress the exhibition of their former peculiarities⁶⁸, and are again fit to be restored to society, the physician, and those friends who put them under the physician's care, are generally ever after objects of enmity, and frequently of revenge." Cox, see cases of this Pract. Obs. on Insanity, kind of madness cited in Ray, Med. Jur. 112 to 119; Combe's Moral Philos. lect. 12.

7 .- 2d. Partial moral mania consists in the derangement of one or a few of the affective faculties, the moral and intellectual constitution in other respects remaining in a sound state. With a mind apparently⁶⁹ in full possession of his reason, the patient commits a crime, without any extraordinary temptation, and with every inducement to refrain from it, he appears to act without a motive, or in opposition⁷⁰ to one, with the most perfect consciousness of the impropriety, of his conduct, and yet he pursues perseveringly⁷¹ his mad course. This disease of the mind manifests itself in a variety of ways, among which may be mentioned the following: 1. An irresistible⁷² propensity⁷³ to steal. 2. An inordinate propensity to lying. 3. A morbid activity of the sexual propensity. Vide Erotic Mania. 4. A morbid propensity to commit arson⁷⁴. 5. A morbid activity of the propensity to destroy. Ray, Med. Jur. ch. 7.

8. - 2. In general, persons laboring⁷⁵ under mania are not responsible nor bound for their acts like other persons, either in their contracts or for their crimes, and their wills or testaments⁷⁶ are voidable. Vide Insanity; Moral Insanity. 2 Phiilim. Ecc. R. 69; 1 Hagg. Cons⁴: R. 414; 4 Pick. R. 32; 3 Addams, R. 79; 1 Litt. R. 371.