英文法律词典 M-16

MANKIND. Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute¹ of 25 Hen. VIII., c. 6, makes it felony to commit, sodomy with mankind or beast. Females as well as males axe² included under the term mankind. Fortesc. 91; Bac. Ab. Sodomy. See Gender³.

MANNER AND FORM, 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 include in the traverse, not only the mere⁴ fact opposed to it, but that in the manner and form in which it is stated by the other party. These words, however, only put in issue the substantial statement of the manner of tho fact traversed, and do not extend to the time, place, or other circumstances attending it, if they were not originally material and necessary to be proved as laid. 3 Bouv. Inst. p. 297. See Modo et forma.

MANNOPUS. An ancient word which signifies goods taken in the hands of an ap- prehended thief.

MANOR⁵, estates. This word is derived⁶ from the French manoir, and signifies, a house, residence, or habitation. At present its meaning is more enlarged, and includes not only a dwelling-house, but also lands. Vide Co. Litt. 58, 108; 2 Roll. Ab. 121 Merl. Repert. mot Manoir. See Serg. Land Laws of Pennsyl. 195.

2. By the English law, a manor is a tract⁷ of land originally granted by the king to a person of rank, part of which was given by the grantee to his followers⁸, and the rest lie retained under the name of his demesnes; that which remained uncultivated was called the lord's waste, and served for public roads and common of pasture for the lord and his tenants⁹.

MANSION¹⁰. This term is synonymous with house. (q. v.) 1 Chit. Pr. 167; 2 T. R. 502; 1 Tho. Co. Litt. 215, n. 35; 9 B. & C. 681; S. C. 17 E. C. L. R. 472, and the cases there cited; Com. Dig. Justices, P 5; 3 Serg. & Rawle, 199. A portion only of a building may come under the description of a mansion-house. 1 Leach¹¹, 89, 428; 1 East, P. C. C. 15, s. 19. 2 Bouv. Inst. n. 1571, note.

MANSLAUGHTER, crim. law. The unlawful killing¹³ of another without malice¹⁴ either express or implied. 4 Bl. Com. 190 1 Hale, P. C. 466. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief¹⁵, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. 1 East, P. C. 218 Foster, 290.

2. 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. Cr. 485. Manslaugbter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act.

3. The cases of manslaughter may be classed as follows those which take place in consequence of, 1. Provocation¹⁶. 2. Mutual¹⁷ combat. 3. Resistance to public officers, &c.

4. Killing in the prosecution¹⁸ of an unlawful or wanton act. 5. Killing in the prosecution of a lawful¹² act, improperly¹⁹ performed, or performed without lawful authority.

4. - 1. The provocation which reduces the killing from murder to manslaughter is an answer to the presumption²⁰ of malice which the law raises in every case of homicide; it is therefore no answer when express malice is proved. 1 Russ. Cr, 440; Foster, 132; 1 East, P. C. 239; and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party, has had time to cool, malice will be inferred.

5. - 2. In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.

6. - 3. The killing of an officer by resistance to him while acting²¹ under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction²², the killing is manslaughter, or excusable homicide, according to the circumstances of the case. 1 Moody²³, C. C. 80, 132; 1 Hale, P. C. 458; 1 East, P. C. 314; 2 Stark²⁴. N. P. C. 205; S. C. 3 E. C. L. R. 315.

7. - 4. Killing a person while doing an act of mere wantonness, is manslaughter as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender²⁵ was only a trespasser²⁶. Lewin, C. C. 179.

8. - 5. When death ensues from the performance of a lawful act, it may, in consequence of the negligence²⁷ of the offender, amount to manslaughter. For instance, if the death has been, occasioned by negligent²⁸ driving. 1 East, P. C. 263; 1 C. & P. 320 S. C. 9 E. C. L. R. 408; 6 C. & P. 629; S. C. 25 E. C. L. R. 569. Again, when death ensues, from the gross negligence of a medical or surgical²⁹ practitioner³⁰, it is manslaughter. 1 Hale, P. C. 429; 3 C. & P. 632; S. C. 14 E, C. L. R. 495.