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Under Code Civ. Proc. $ 3343, subd. 2, , ing disobedience guilty of criminal contempt. defining the word “mandate" to include a People ex rel. Drake v. Andrews, 90 N. E. writ issued out of a court, commanding an 347, 348, 197 N. Y. 53, 18 Ann. Cas. 317. officer to do or to refrain from doing an act therein specified, and Greater New York MANDATORY Charter (Laws 1901, c. 466) & 1001, authorizing the court, on application of any person
Directory statute distinguished from to whom an award has been made in proceed
mandatory statute, see Directory Statings to acquire land, to require the comptrol
ute. ler to pay the award, and to enforce the man- A mandatory provision of a statute is date as other mandates are enforced, the one the omission to perform which renders court may by mandamus compel the comp- proceedings void; while a directory provitroller to pay an award, and the fact that sion is one the observance of which is not costs are more than they would be if the necessary to the validity of proceedings. applicant for mandamus had been content Bond v, City of Baltimore, 84 Atl. 258, 260, with an order is a matter which may not be 118 Md. 159. considered, when he was denied the award,
A statute providing that appointment of to which he was legally entitled. Macholdt a special administrator may be made at any v. Prendergast, 128 N. Y. Supp. 1069, 1070, time, and must be made by entry upon the 144 App. Div. 252.
minutes of the court specifying the powers The word “mandate," in Wilson's Rev. to be exercised by him, was not “mandatory" & Ann. St. 1903, $ 1882, providing that in all as to entry of a minute order, and the apcases in the probate court the probate judge pointment was complete when the order was shall have power to allow injunctions, "man- signed, and failure of the clerk to enter it dates," writs of prohibition, etc., is not syn- on the minutes would not invalidate it. Mconymous with the word "mandamus' in the Neil v. Morgan, 108 Pac. 69, 71, 157 Cal. 373. Organic Act of the territory conferring on
The term "mandatory" is applicable althe Supreme and district courts power to most entirely to statutory requirements ingrant writs of mandamus and habeas cor- tended for the protection of the citizen and pus in all cases authorized by law, and in to prevent a sacrifice of his property, and section 4884, providing that the writ of man- by a disregard of which his rights might be, damus may be issued by the Supreme Court and generally would be, injuriously affected. or the district court, or any justice or judge It does not apply to statutory requirements thereof, during term or at chambers, etc., intended for the guide of officers in the conand the probate courts of the territory are duct of business devolved on them and denot authorized to hear and determine origi- signed to secure order, system and dispatch nal proceedings in mandamus. Starkweath- in proceedings, and by a disregard of which er v. Kemp, 88 Pac. 1045, 1046, 18 Okl. 28. the rights of the parties cannot be injuriousRemittitur
ly affected. French v. Edwards, 13 Wall. 506, The word “remittitur,” used in Supreme (80 U. S.] 511, 20 L. Ed. 702. Court rule 34 providing that, when a judg- MANDATORY INJUNCTION ment of a District Court of Appeal becomes
Injunctions are “mandatory" or prefinal therein, the remittitur shall not be issued until after the lapse of 30 days there ventive, according as they command the de
fendant to do or refrain from doing a parafter, unless otherwise ordered, designates the judgment of the appellate tribunal which ticular thing. The issuance of a "mandatois authenticated to the court from which the ry injunction” is exercised with extreme appeal is taken, and corresponds to "man-caution, and is confined to cases where courts date," used in the practice of the United of law are unable to afford adequate redress,
or where the injury cannot be compensated States Supreme Court. Noel v. Smith, 83 Pac. 167, 169, 2 Cal. App. 158.
in damages. In determining whether to
grant relief by way of “mandatory injuncSubpoena
tion," courts of equity will take into considCode Civ. Proc. $ 8, authorizes a court to eration the relative convenience or inconpunish for criminal contempt one guilty of venience which would result to the parties willful disobedience of its lawful mandate. from granting or withholding relief, and will Section 3343 provides that the word "man- be governed accordingly. Mason v. Byrley date" includes a writ, process, etc., made pur- (Ky.) 84 S. W. 767, 770 (citing High, Inj. $ suant to law by a judicial officer, and com- 2). manding the person named therein to do the A "mandatory injunction” is one which act therein specified, and Code Cr. Proc. 8 compels affirmative action by defendant. If 619, provides that disobedience of a subpæna an injunction compels one affirmatively to may be punished as for a criminal contempt. surrender a possession which under the facts Held, that a subpæna issued by the district alleged by him he is entitled to hold, it is a attorney requiring a witness to appear be- mandatory.” Clute v. Superior Court of fore a grand jury was a “mandate," within City and County of San Francisco, 99 Pac. section 8, so as to make one willfully advis-1362, 363, 155 Cal. 15, 132 Am. St. Rep. 54. It is error, on an interlocutory hearing | claimed by the plaintiff, does not constitute of an equitable petition seeking specific per- such a “manifest danger of loss or destrucformance and injunction, to order the deliv- tion" of the property as would warrant the ery by defendant of the personal property appointment of a receiver to take charge of in controversy to the petitioner; such order the same and impound the rents therefrom. being in legal effect a mandatory injunction. Ray v. Carlisle, 54 S. E. 119, 120, 125 Ga. 316. Rudolph Wurlitzer Co. v. Jackson, 67 S. E.
MANIFEST ERROR 879, 880, 134 Ga. 333.
A manifest clerical error in a liquidaA "mandatory injunction" compels the
tion made within one year after original enaffirmative performance, while a preventive injunction restrains the commission of an
try cannot be corrected more than one year act. Carver v. San Pedro, etc., R. Co., 151 after such entry, because not within the pro
vision in Customs Administrative Act June Fed. 334, 338.
10, 1890, c. 407, $ 24, authorizing the Secre
tary of the Treasury to correct such errors MANGANESE
“within one year from the date of such entry," See Borate of Manganese.
as the term "entry," as there used, refers to
the document filed by the importer on entry. MANGANESE ALLOY
Inasmuch as Customs Administrative Act See Iron and Manganese Alloy.
June 10, 1890, C. 407, § 24, relating to the
correction of "manifest clerical errors," is MANGE
the latest deliverance on that subject and re
lates most specifically thereto, it controls “Mange" is a cattle disease, otherwise over Act June 22, 1874, c. 391, $ 21, relative known as splenic or Spanish fever. State v. to the "settlement of duties," and Act Marcb Missouri Pac. R. Co., 81 Pac. 212, 213, 71 3, 1875, c. 136, § 1, relative to the "correction Kan. 613.
of errors in liquidation.” Where, in liquida
tion, the clerk miscalculated the number of MANGLE
square yards in an imported fabric, this con
stituted a "manifest clerical error," within As machine, see Machine.
the meaning of Customs Administrative Act A "mangle" is a large roller, used in a June 10, 1890, c. 407, $ 24. United States v. laundry, through which the clothes are run. F. B. Vandegrift & Co., 175 Fed. 772, 773, Ross-Paris Co. v. Brown, 90 S. W. 568, 121 99 C. C. A. 598. Ky. $21.
Section 16 of the county law (Consol.
Laws, C. 11), providing that the board of MANHATTAN COCKTAIL
supervisors could correct any "manifest clerSee Cocktail.
ical or other error" in any assessment, and As intoxicating liquor, see Intoxicating cause to be refunded taxes illegally or imLiquors.
properly assessed, refers to such errors as
are manifest from an inspection of the asMANHOLES
sessment roll itself without argument or evi
dence. In re Trustees of Village of Delhi, A "manhole" is a round opening into a 124 N. Y. Supp. 487, 489, 139 App. Div. 412. sewer large enough to permit a man to enter
MANIFESTLY for the purpose of cleaning or repairing. Comstock v. City of Eagle Grove, 111 N. W. The term "manifestly” is a 51, 52, 133 Iowa, 589.
word which may be assumed to be under
stood in the common meaning by an ordinary MANIFEST
jury without definition. Commonwealth v.
Buckley, 86 N. E. 910, 911, 200 Mass. 346, The word "evident" means “clear to the 22 L. R. A. (N. S.) 225, 128 Am. St. Rep. 425. vision, especially clear to the understanding, and satisfactory to the judgment.” Its syn- MANIFESTLY DANGEROUS onyms are: "Manifest; plain; clear; obvi- That one has committed homicide and ous; visible; apparent; conclusive; indu- been acquitted on the ground of insanity. bitable; palpable;
notorious." State v. justifies the conclusion that he is “manifestly Kauffman, 108 N. W. 246, 20 S. D. 620 (quot- dangerous," within Ballinger's Ann. Codes ing with approval from Webster's Dict.). & St. & 6959 (Pierce's Code, $ 2208), providing
for the commitment of persons who are deemMANIFEST DANGER
ed manifestly dangerous after having been Even if the claims of the plaintiff were acquitted of crime on the ground of insanity. of such a character that the property in con- State ex rel. Thompson v. Snell, 89 Pac. 931, troversy was either legally or equitably 933, 46 Wash. 327, 9 L. R. A. (N. S.) 1191. charged with their payment, the fact that the building is insured, and in the event of MANIFESTLY INTEND its destruction by fire the land could not be Section 70 of the Georgia Penal Code of sold for a sum sufficient to pay the amount '1895 justifies the killing, in defense of one's
person, of one who is “manifestly intending", adopting People ex rel. Ahrens v. English, or endeavoring by violence or surprise to 29 N. E. 678, 139 Ill., 622, 15 L. R. A. 131). commit a felony on the person of the slayer.
Amendatory Act of 1872, No. 31, p. 79, “To 'manifestly intend' an act implies more prescribing the “manner" of adopting chilthan mental resolution to do the act. The aren, was intended to cover the whole submental resolution must find some form of ject-matter. It says so expressly in its title, expression before it becomes manifest. In
“An act providing for the manner of adoptcases involving force, the slightest manifes- ing children.” Succession of Dupré, 41 South. tation of intent to do the act would be an 324, 326, 116 La. 1090. attempt in the accomplishment of the act." Taylor v. State, 49 S. E. 303, 307, 121 Ga.
The use of the word "manner," in Laws 348.
1907, p. 426, c. 267, $ 1 (Gen. St. 1901, $ 5974), empowering the board of railroad commis
sioners to determine whether there is any MANIPULATE
necessity for a railroad crossing by a street Where a petition in an action for in- in other respects the “manner” of such cross
car line and, if so, the place thereof, and juries to a servant by defects in an elevator ing, fairly implies the right to make any alleged that the cable would often catch reasonable requirement having relation to and become fast so that it would not re- the safe crossing of both roads. State v. spond to the usual and proper force neces- Parsons St. Ry. & Electrical Co., 105 Pac. sary to move it, that at the time of the in- 704, 705, 81 Kan. 430, 28 L. R. A. (N. S.) 1082 jury plaintiff found the cable fast, and while (citing 33 Cyc. p. 296). attempting to "manipulate” it the cable, because of the elevator's defective condition,
Under Rev. St. Ohio 1880, $$ 3270, 3281, suddenly became loose, and caused the eleva- 3283, which invest railroad companies directtor to suddenly and violently start, etc., the ly with the right to appropriate and use term “manipulate” should be construed as in the streets of a city for railroad purposes cluding both the ordinary pull first applied by condemnation proceedings, unless the comby plaintiff in his effort to move the elevator pany and the municipal authorities agree and the more forcible one which followed, so "upon the manner, terms, and conditions that an instruction that if, when plaintiff un-upon which the same may be used or occudertook to use the elevator, the cable had be- pied,” construed in the light of the settled come caught owing to its defective condition, rule in Ohio that municipal corporations posso that it became necessary for him to pull on
sess such powers only as are expressly grantthe cable, and while so pulling the cable sud-ed by statute or are implied as essential to denly loosened and moved, causing him to the exercise of granted powers, and of secfall, etc., was not erroneous as presenting
tion 3375, authorizing railroad companies issues not specified in the petition. Zongker for hauls of less than 30 miles to receive such v. People's Union Mercantile Co., 86 s. w. rates as may be from time to time fixed by 486, 488, 110 Mo. App. 382.
the company or by law, the power given to a municipal corporation by section 3283 to
agree upon the manner, terms, and conditions MANNER
upon which streets may be used is limited See Best Manner; Due Manner; Forci- use and occupation, and a provision in an
to such agreement as relates directly to such ble Manner; Good and Workmanlike ordinance prescribing rates to be charged by Manner; In a Manner; In Due Man- a belt line road for hauls over its entire ner; Same Manner.
line, less than 30 miles long, as a condition Any manner, see Any.
to granting right of way over the streets In like manner, see Like Manner.
for a part of its line, is ultra vires and void. No general definition of the word "man- T. B. Townsend Brick & Contracting Co. v. ner," as used in a contract or statute, can be Central Trust Co. of New York, 187 Fed. framed. Its meaning must be determined 63, 67, 109 C. C. A. 381. in the light of the particular contract or stat
As extent ute in which it is used. "The 'manner of doing a thing has reference to the way of
The term "extent" does not ordinarily doing—to the method of procedure--and the mean “manner.” Hence under Laws 1901, p. element of time does not seem to be in- 294, c. 125, § 3, providing that, if any purvolved.” Melsheimer v. McKnight, 46 South. chaser of public land shall fail to reside up827, 829, 92 Miss. 386 (quoting definition in
on and improve it in good faith, he shall forBankers' Life Ins. Co. v. Robbins, 80 N. W. feit it and all payments to the same extent 484, 59 Neb. 170).
as for non payment of interest, the mere fail
ure to reside on and improve the land does “The word 'manner' is usually defined not work a forfeiture ipso facto, as was had as meaning 'way of performing or execut- under Laws 1895, c. 47, § 11, p. 67, providing ing, method, custom, habitual practice,' etc." | that, if such purchaser shall fail to reside Livesley v. Litchfield, 83 Pac. 142, 143, 47 upon and improve in good faith public land Or, 248, 114 Am. St. Rep. 920 (quoting and purchased by him, he shall forfeit it in the
same manner as for nonpayment of inter- ; the way in which it shall be enjoyed, whethest. Adams v. Terrell, 107 S. W. 537, 538, er directly or in trust, immediately or at a 101 Tex. 331.
postponed date, and other like matters, and As method or way
hence the provision of her will excluding
two grandchildren in a per capita distribuThe word “manner" in the Australian tion of the fund was invalid. Cameron v. ballot law, regulating the “manner" of hold- | Crowley, 65 Atl. 875, 877, 72 N. J. Eq. 681. ing elections, has the ordinary meaning of mode, method, way of effecting a result.
The word “manner" means the handling Getty v. Holcomb, 99 Pac. 218, 219, 79 Kan. of a thing, and, as used in the constitutional 224.
provision which directs the allowance of apIn Const. art. 7, § 6, providing that each peals from justices "in such manner as may county may sell or dispose of its lands in be prescribed by law,” means that appeals whole or in part in manner to be provided by such handling of the subject as may be
from judgments of justices shall be allowed by the commissioner's court of the county, "imanner is the controlling word in the O. R. Co., 69 S. E. 1004, 1006, 68 W. Va. 293,
prescribed by law. Duncan v. Baltimore & phrase and designates what the commission
Ann. Cas. 1912B, 272. er's court might provide for. Webster defines 'manner as 'mode of action, way of
The petition in an action for injuries to performing or effecting anything, method'; a servant by derailment of a train alleged and the courts have given to that word its that plaintiff's injuries were caused by designification as defined by Webster.” Logan fendant's negligence, in that the engine and v. Stephens County, 83 S. W. 365, 367, 98 train were old, worn, out of repair, and unTex. 283 (citing People ex rel. Ahrens v. suited for the purposes for which they were English, 29 N. E. 678, 139 Ill. 629, 15 L. R. A. being used, and also in the manner and way 131; Wells v. Bain, 75 Pa. 54, 15 Am. Rep. the engine and cars were being operated 563; Brown y. O'Connell, 36 Conn. 447, 4 Am. Held, that the words “manner and way" Rep. 89).
imported either the speed of the train, or Rev. St. 1899, $ 5498, provides that it is and operation thereof, and that the words
something connected with the management not permissible to question the correctness of the action of the grand jury in finding a bill were being operated" necessarily referred of indictment, or of a petit jury in the trial to that which was being done by the emof a case, or of any court or judge while ployés on the engine and cars at the time acting within their legitimate province in a insufficient to justify the submission of an
of the accident, so that such allegations were lawful manner, by habeas corpus. Held, issue of negligence on defendant's part in that the word “manner" had reference to directing the train to be run over the road the method of acting, and not to the degree as fast as 10 miles an hour. Missouri, K. of perfection or correctness in the results & T. Ry. Co. of Texas v. Poole (Tex.) 133 arrived at, unless the judgment pronounced S. W. 239, 240. was absolutely void. Hovey y. Sheffner, 93 Pac, 305, 308, 18 Wyo. 254, 15 L. R. A. (N.
The word “manner," in the specificaS.) 227, 125 Am. St. Rep. 1037, 15 Ann. Cas. tions of an article sought to be patented that 318.
"in making brushes by my improved method Webster defines "manner" as: "Mode
above described, the brush-back or frame of action; way of performing or effecting may be made of any desired material and in anything: method; style; form or fashion." any known 'manner,'” refers to the form The Century Dictionary, as: “The way in and shape of the brush-back or frame when which an action is performed; method of do- completed, and not solely to the way in ing anything; mode of proceeding in any
which it is made. Universal Brush Co. v. case or situation; mode; way; method.” Sonn, 146 Fed. 517, 520. In a statute the expression in permitting in
An information charging that defendant troduction of an instrument whether proved unlawfully, in the presence and hearing of or acknowledged in such “manner” or not D., did curse and swear at him, and did abuse was intended to have the same force and him “in a manner" reasonably calculated to effect as the same expression had in an old provoke a breach of the peace, sufficiently statute which was superseded, where it had charged an offense under Pen. Code 1895, been held to apply not only to the formal- art. 599; prohibiting any person from abusity of certifying what was done by the officer ing another, “under circumstances” reasonbut as well to the power of the officer to take ably calculated to provoke a breach of the the acknowledgment. Bledsoe v. Haney, peace. Trezevant v. State, 84 S. W. 828, 47 122 S. W. 455, 457, 57 Tex. Civ. App. 285.
Tex. Cr. R. 502. The word "mapner," in a will authoriz- Of appointment or expulsion ing testator's daughter by her will to dispose The legislative authority given by Const. of a fund to and among his grandchildren Or. art. 6, § 7, to prescribe the time and in such shares and in such manner as she “manner" in which municipal officers may be shall think right and proper, does not imply elected or appointed, does not include the a power of selecting, but has reference to power to determine the qualifications of a legal voter authorized to vote for such off- ! In Const. $$ 15, 16, art. 7 (Bunn's Ed. $$ cers. Livesley v. Litchfield, 83 Pac. 142, 144, 187, 188), providing that appeals shall be 47 Or. 248, 114 Am. St. Rep. 920.
taken from the county court to the Supreme
Court in the same “manner" as appeals from In insurance law, $ 70, providing that the district court, the word “manner” as so the charter of an insurance company shall state the mode and “manner” in which its the Constitution and the statutes, may mean
used, as well as in different provisions of corporate powers are to be exercised, the "time" or would include "time." Atchison, “manner" of electing its directors, officers, T. & S. F. Ry. Co. v. Love, 99 Pac. 1081, etc., the word “manner," while more com
1086, 23 Okl. 192. prehensive in its meaning and uses than either the word "method" or "mode,” may Whether the word “manner" or the with much reason be held to mean in that phrase in the same manner may include the connection the procedure of electing directors elements of time has been answered by the and officers, rather than a definition of the courts both in the affirmative and in the classes in whom the suffrage should lie. negative. The word as used in the phrase Lord v. Equitable Life Assur. Soc., 96 N. Y. : "in the same manner,” in Act Cong. March 3, Supp. 10, 27, 109 App. Div. 252.
1905, c. 1479, $ 12, does not include the eleGen. St. 1901, § 7502, provides that all ment of time. Porter v. Brook, 97 Pac. 645,
647, 648, 21 Okl. 885. property not expressly exempted shall be subject to taxation "in the manner provided in The phrase "manner of performance" as this act.” Laws 1907, c. 408, § 1, defines used in the labor law (Laws 1906, p. 1395, the word "property" as used in the act re- C. 506) $ 3, limiting a day's work on public lating to taxation to include every kind of work by or for municipal corporations to property subject to ownership. Held, that eight hours, and prohibiting municipal offthe clause “in the manner provided in this cers from paying "for work done upon any act" relates to the method of imposing taxes contract, which in its form or manner of upon property already declared to be subject performance violates the provisions of" said to taxation, and does not limit the taxation section, refers among other things, to the to the kinds of property specially named in nu ber of hours per diem that laborers are the act, and the finished product of manu- , allowed to work. People ex rel. Williams facturers, not being exempted, is taxable Engineering & Contracting Co. v. Metz, 85 though not mentioned in the act. State v. N. E. 1070, 1073, 193 N. Y. 148, 24 L. R. A. Holcomb, 106 Pac. 1030, 1033, 81 Kan. 879, (N. S.) 201, order affirmed on rehearing 28 L. R. A. (N. S.) 251.
(1909) 86 N. E. 986, 194 N. Y. 145.
Act Cong. Feb. 20, 1907, c. 1134, § 2, proAs applicable to time
vides for the exclusion from the United The word “manner,” in Court and Practice States of various classes of persons, includAct 1905, p. 139, $ 490, providing that notice ing idiots, insane persons, beggars, persons of the filing of bills of exceptions shall be afflicted with dangerous contagious diseases, given to the adverse part “in such manner" persons having been convicted of crime or as the court shall by rule prescribe, is broad misdemeanor involving moral turpitude, poenough to include "time." Court and Prac- lygamists, anarchists, prostitutes, or persons tice Act 1905, p. 139, § 490, provides that no- coming into the United States for the purtice of the filing of bills of exceptions shall
pose of prostitution, and persons who are be given to the adverse party “in such man supported by or receive part of the proceeds ner” as the court shall by rule prescribe, and of prostitution. Section 3 in the original act, section 34 authorizes the Supreme and su- and as amended (Act March 26, 1910, c. 128, perior court to promulgate rules regulating $ 2), relates exclusively to the importation of practice in matters not expressly provided for aliens for the purposes of prostitution, or by law. Superior Court Rule 32 declares other immoral purposes, the holding of such that notice in writing of the filing of a bill persons for such purposes in pursuance of of exceptions shall be given by the party such importation, and aliens found inmates filing the same to the adverse party within of houses of prostitution after they have two days thereafter, which shall be served entered the United States, or who derive on the adverse party's attorney of record in benefit from the earnings of the same. Secthe manner specified. Held, that a failure tions 20 and 21 provide that such persons to serve notice of the filing of a bill of excep- shall be deported if proceedings therefor are tions within the time prescribed by rule 32 begun within three years, and both sections was a jurisdictional defect justifying a dis- 2 and 3 contain the remedy to be applied, missal of the bill under section 491, p. 140, viz., deportation "in the manner provided" declaring that, in any case of default in tak- in sections 20 and 21. Held, that the words ing such procedure, judgment shall be enter- "in the manner provided” did not include the ed or sentence imposed as if notice of in- three-year limitations contained in sections tention to prosecute a bill of exceptions had 20 and 21, and, Congress having eliminated not been filed. Smith v. William H. Haskell such limitation from section 3, aliens within Mfg. Co., 65 Atl, 610, 611, 28 R. I. 91. such section were subject to deportation,