Legal Term Dictionary

Lat. In Roman law. To sell, alienate, or make over to another; to sell with certain formalities; to sell a person; one of the forms observed in the process of emancipation.

Lat. In Roman law. To sell, alienate, or make over to another; to sell with certain formalities; to sell a person; one of the forms observed in the process of emancipation. Less...

To enslave; to bind; to tie.

To enslave; to bind; to tie. Less...

Lat. In Roman law. A certain ceremony or formal process anciently required to be performed, to perfect the sale or conveyance of res mancipi, (land, houses, slaves, horses, or cattle.) The parties were present (vendor and vendee,) with five witnesses and a person called "libripens," who held a balance or More...

Lat. In Roman law. A certain ceremony or formal process anciently required to be performed, to perfect the sale or conveyance of res mancipi, (land, houses, slaves, horses, or cattle.) The parties were present (vendor and vendee,) with five witnesses and a person called "libripens," who held a balance or scales. A set form of words was repeated on either side, indicative of transfer of ownership, and certain prescribed gestures performed, and the vendee then struck the scales with a piece of copper, thereby symbolizing the payment or weighing out of the stipulated price. The ceremony of mancipatio was used, in later times, in one of the forms of making a will. The testator acted as vendor, and the heir (or families emptor) as purchaser, the latter symbolically buying the whole estate, or succession, of the former. The ceremony was also used by a father in making a fictitious sale of his son, which sale, when three times repeated, effectuated the emancipation of the son. Less...

Lat In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called "mancipatio** (q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nec mancipi." The distinction was abolished by More...

Lat In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called "mancipatio** (q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nec mancipi." The distinction was abolished by Justinian. The distinction corresponded as nearly as may be to the early distinction of English law into real and personal property; res mancipi being objects of a military or agricultural character, and res nec mancipi being all other subjects of property. Like personal estate, res nec mancipi were not originally either valuable in se or valued. Brown. Less...

Lat In Roman law. The momentary condition in which a fllius, etc., might be when in course of emancipation from the poiestas, and before that emancipation was absolutely complete. The condition was not like the dominica potest as over slaves, but slaves are frequently called "man-cipia** in the non-legal Roman More...

Lat In Roman law. The momentary condition in which a fllius, etc., might be when in course of emancipation from the poiestas, and before that emancipation was absolutely complete. The condition was not like the dominica potest as over slaves, but slaves are frequently called "man-cipia** in the non-legal Roman authors. Brown. Less...

A clerk of the kitchen, or caterer, especially in colleges. Cowell.

A clerk of the kitchen, or caterer, especially in colleges. Cowell. Less...

In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120.

In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120. Less...

In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person commits to the gratuitous charge of another his affairs, a>d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1.

In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person commits to the gratuitous charge of another his affairs, a>d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1. Less...

Lat. We command. This is the name of a writ (formerly a high prerogative writ) which Issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of Its officers, or to an executive, administrative, or judicial officer, or to an Inferior court, More...

Lat. We command. This is the name of a writ (formerly a high prerogative writ) which Issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of Its officers, or to an executive, administrative, or judicial officer, or to an Inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. See Lahiff v. St. Joseph, etc., Soc., 76 Conn. 648, 57 Atl. 692, 65 L. R. A. 92, 100 Am. St. Rep. 1012; Milster v. Spartanburg, 68 S. C. 243, 47 S. E. 141; State v. Carpenter, 51 Ghio St 83, 37 N. E. 261, 46 Am. St Rep. 556; Chicago & N. W. R. Co. v. Crane, 113 U. S. 424, 5 Sup. Ct 578, 28 L. Ed. 1064; Arnold v. Kennebec County, 93 Me. 117, 44 Ati. 364; Placard v. State, 148 Ind. 306, 47 N. B. 623; Atlanta y. Wright, 110 Ga, 207, 45 S. E. 094; State v. Lewis, 76 Mo. 370; Ex parte Crane, 5 Pet. 190, 8 L. Ed. 92; Marbury v. Madison, 1 Cranch, 158, 2 L. Ed. 60; U. S. v. Butterworth, 169 U. S. 600, 18 Sup. Ct 441, 42 L. Ed. 873. The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an order of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880, ? 3373. Classification. The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to Issue the alternative writ flrst. This commands the defendant to do the particular act or else to appear and show cause against it at a day named. If he neglects to obey the writ and either makes- default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act Less...

Lat In the 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 3, 27, 1, et seq.

Lat In the 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 3, 27, 1, et seq. Less...