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.
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