Part 21
The DIVISION includes the districts of Mandalay, Bhamo, Myit-kyina, Katha and Ruby Mines, with a total area of 29,373 sq. m., and a population (1901) of 777,338, giving an average density of 30 inhabitants to the square mile. (J. G. Sc.)
MANDAMUS, WRIT OF, in English law, a high prerogative writ issuing from the High Court of Justice (named from the first word in the Latin form of the writ) containing a command in the name of the king, directed to inferior courts, corporations, or individuals, ordering them to do a specific act within the duty of their office, or which they are bound by statute to do, and performance whereof the applicant for the writ has a specific legal right to enforce. Direct orders from the sovereign to subjects commanding the performance of particular acts were common in early times, and to this class of orders _mandamus_ originally belonged. It became customary for the court of king's bench, in cases where a legal duty was established but no sufficient means existed for enforcing it, to order performance by this writ. Under the Judicature Acts and the _Crown Office Rules_, 1906 (r. 49), the powers of the court of king's bench as to the grant of the prerogative writ of mandamus are exercisable only in the king's bench division of the High Court.
The writ though of right is not of course: i.e. the applicant cannot have it merely for the asking, but must satisfy the High Court that circumstances exist calling for its issue. The procedure regulating the grant and enforcement of the writ is determined by the _Crown Office Rules_, 1906 (rr. 49-68, 125).
_Mandamus_ has always been regarded as an exceptional remedy to supplement the deficiencies of the common law, or defects of justice. Where another legal or equitable remedy exists, equally appropriate, convenient, speedy, beneficial and effectual, the writ will as a rule be refused. It is occasionally granted even when a remedy by indictment is available: but is not issued unless the existence of the duty and refusal to perform it are clearly established, nor where performance in fact has become impossible. The writ is used to compel inferior courts to hear and determine according to law cases within their jurisdiction, e.g. where a county court or justices in petty or quarter sessions refuse to assume a jurisdiction which they possess to deal with a matter brought before them. It has in recent years been employed to compel municipal bodies to discharge their duties as to providing proper sewerage for their districts and to compel anti-vaccinationist guardians of the poor to appoint officers for the execution of the Vaccination Acts; and it is also employed to compel the promoters of railway and similar undertakings to discharge duties imposed upon them towards the public by their special acts, e.g. with reference to highways, &c., affected by their railways or other undertakings. The courts do not prescribe the specific manner in which the duty is to be discharged, but do not stay their hands until substantial compliance is established.
Besides the prerogative common-law writ there are a number of orders, made by the High Court under statutory authority, and described as or as being in the nature of mandamus, e.g. mandamus to proceed to the election of a corporate officer of a municipal corporation (Municipal Corporations Act 1882, s. 225); orders in the nature of mandamus to justices to hear and determine a matter within their jurisdiction, or to state and sign a case under the enactments relating to special cases.
At common law mandamus lies only for the performance of acts of a public or official character. The enforcement of merely private obligations, such as those arising from contracts, is not within its scope. By s. 68 of the Common Law Procedure Act 1854, the plaintiff in any action other than replevin and ejectment was empowered to claim a writ of mandamus to compel the defendant to fulfil any duty in the fulfilment of which the plaintiff was personally interested. By s. 25 (8) of the Judicature Act 1873 a mandamus may be granted by an interlocutory order of the High Court in all cases in which it shall appear to the court just or convenient that such an order should be made. This enactment does not deal with the prerogative mandamus but empowers the king's bench and the chancery divisions to grant an interlocutory mandamus in any pending cause or matter by an order other than the final judgment and even by an order made after the judgment. S. 68 of the act of 1854 has been repealed and replaced by Order LIII. of the _Rules of the Supreme Court_. The remedy thus created is an attempt to engraft upon the old common law remedy by damages a right in the nature of specific performance of the duty in question. It is not limited to cases in which the prerogative writ would be granted; but mandamus is not granted when the result desired can be obtained by some remedy equally convenient, beneficial and effective, or a particular and different remedy is provided by statute. An action for mandamus does not lie against judicial officers such as justices. The mandamus issued in the action is no longer a writ of mandamus, but a judgment or order having effect equivalent to the writ formerly used.
_Mandatory Injunction._--The High Court has a jurisdiction derived from the court of chancery to grant injunctions at the suit of the attorney-general or of private persons. Ordinarily these injunctions are in the form of prohibition or restraint and not of command. But occasionally mandatory injunctions are granted in the form of a direct command by the court.
_Specific Performance._--The jurisdiction of the High Court, derived from the court of chancery, to decree specific performance of contracts has some resemblance to mandamus in the domains of public or quasi-public law.
_Ireland._--The law of Ireland as to mandamus is derived from that of England, and differs therefrom only in minor details.
_British Possessions._--In a British possession the power to issue the prerogative writ is usually vested in the Supreme Court by its charter or by local legislation.
_United States._--The writ has passed into the law of the United States. "There is in the federal judiciary an employment of the writ substantially as the old prerogative writ in the king's bench practice, also as a mode of exercising appellate jurisdiction, also as a proceeding ancillary to a judgment previously rendered, in exercise of original jurisdiction, as when a circuit court having rendered a judgment against a county issues a mandamus requiring its officers to levy a tax to provide for the payment of the judgment." And in the various states mandamus is used under varying regulations, mandate being in some cases substituted as the name of the proceeding.
MANDAN, a tribe of North American Indians of Siouan stock. When first met they were living on the Missouri at the mouth of the Heart river. At the beginning of the 19th century they were driven up the Missouri by the Sioux. In 1845 they joined the Gros Ventres and later the Arikaras, and settled in their present position at Fort Berthold reservation, North Dakota. The Mandans have always been agricultural; they are noted for their ceremonies, and from the tattooing on face and breast were described in the sign language as "the tattooed people."
MANDARIN, the common name for all public officials in China, the Chinese name for whom is _kwan_ or _kwun_. The word comes through the Portuguese from Malay _mantri_, a counsellor or minister of state. The ultimate origin of this word is the Sanskrit root _man-_, meaning to "think," seen in "man," "mind," &c. The term "mandarin" is not, in its western usage, applied indiscriminately to all civil and military officials, but only to those who are entitled to wear a "button," which is a spherical knob, about an inch in diameter, affixed to the top of the official cap or hat. These officials, civil and military alike, are divided into nine grades or classes, each grade being distinguished by a button of a particular colour. The grade to which an official belongs is not necessarily related to the office he holds. The button which distinguishes the first grade is a transparent red stone; the second grade, a red coral button; the third, a sapphire; the fourth, a blue opaque stone; the fifth, a crystal button; the sixth, an opaque white shell button; the seventh, a plain gold button; the eighth, a worked gold button; and the ninth, a worked silver button. The mandarins also wear certain insignia embroidered on their official robes, and have girdle clasps of different material. The first grade have, for civilians an embroidered Manchurian crane on the breast and back, for the military an embroidered unicorn with a girdle clasp of jade set in rubies. The second grade, for civilians an embroidered golden pheasant, for the military a lion with a girdle clasp of gold set in rubies. The third grade, for civilians a peacock, for the military a leopard with a clasp of worked gold. The fourth grade, for civilians a wild goose, for the military a tiger, and a clasp of worked gold with a silver button. The fifth grade, for civilians a silver pheasant, for the military a bear and a clasp of plain gold with a silver button. The sixth grade, for civilians an egret, for the military a tiger-cat with a mother-of-pearl clasp. The seventh grade, for civilians a mandarin duck, for the military a mottled bear with a silver clasp. The eighth grade, for civilians a quail, for the military a seal with a clear horn clasp. The ninth grade, for civilians a long-tailed jay, for the military a rhinoceros with a buffalo-horn clasp.
The "mandarin language" is the Chinese, which is spoken in official and legal circles; it is also spoken over a considerable portion of the country, particularly the northern and central parts, though not perhaps with the same purity. Mandarin duck (_anas galericulata_) and Mandarin orange (_citrus nobilis_) possibly derive their names, by analogy, from the sense of superiority implied in the title "mandarin."
See _Society in China_, by Sir R. K. Douglas; _L'Empire du milieu_, by E. and O. Reclus.
MANDASOR, or MANDSAUR, a town of Central India, in the native state of Gwalior, on the Rajputana railway, 31 m. S. of Neemuch. Pop. (1901), 20,936. It gave its name to the treaty with Holkar, which concluded the Mahratta-Pindari War in 1818. It is a centre of the Malwa opium trade.
Mandasor and its neighbourhood are full of archaeological interest. An inscription discovered near the town indicated the erection of a temple of the sun in 437, and at Sondani are two great monolith pillars recording a victory of Yasodharma, king of Malwa, in 528. The fort dates from the 14th and 15th centuries. Hindu and Jain remains are numerous, though the town is now entirely Mahommedan.
MANDATE (_Mandatum_), a contract in Roman law constituted by one person (the _mandatarius_) promising to do something gratuitously at the request of another (the _mandator_), who undertakes to indemnify him against loss. The jurist distinguished the different cases of mandatum according as the object of the contract was the benefit of the mandator or a third person singly, or the mandator and a third person, the mandator and the mandatarius, or the mandatarius and a third person together. When the benefit was that of the mandatarius alone, the obligations of the contract were held not to arise, although the form of the contract might exist, the commission being held to be merely advice tendered to the mandatarius, and acted on by him at his own risk. Mandatum was classified as one of the contracts established by consent of the parties alone; but, as there was really no obligation of any kind until the mandatarius had acted on the mandate, it has with more propriety been referred to the contracts created by the supply of some fact (_re_). The obligations of the mandatarius under the contract were, briefly, to do what he had promised according to his instructions, observing ordinary diligence in taking care of any property entrusted to him, and handing over to his principal the results of his action, including the right to sue in his name. On the other hand, the principal was bound to recoup him his expenses and indemnify him against loss through obligations he might have incurred.
The essentials and the terminology of the contract are preserved in most modern systems of law. But in English law mandate, under that name, can hardly be said to exist as a separate form of contract. To some extent the law of mandatum corresponds partly to the law of principal and agent, partly to that of principal and surety. "Mandate" is retained to signify the contract more generally known as gratuitous bailment. It is restricted to personal property, and it implies the delivery of something to the bailee, both of which conditions are unknown in the mandatum of the civil law (see BAILMENT).
MANDAUE, a town of the province of Cebú, island of Cebú, Philippine Islands, on the E. coast and E. coast road, about 4 m. N.E. of the town of Cebú, the capital. Pop. (1903), 11,078; in the same year the town of Consolación (pop. 5511) was merged with Mandaue. Its climate is very hot, but healthy. The principal industries are the raising of Indian corn and sugar-cane and the manufacture of salt from sea-water. Cebú-Visayan is the language.
MANDELIC ACID (Phenylglycollic Acid), C8H8O3 or C6H5·CH(OH)·COOH, an isomer of the cresotinic and the oxymethylbenzoic acids. Since the molecule contains an asymmetric carbon atom, the acid exists in three forms, one being an inactive "racemic" mixture, and the other two being optically active forms. The inactive variety is known as _paramandelic acid_. It may be prepared by the action of hydrochloric acid on the addition compound of benzaldehyde and hydrocyanic acid:--
C6H5CHO + HCN + HCl + 2H2O = C6H5·CHOH·COOH + NH4Cl,
(F. L. Winckler, _Ann._, 1836, 18, 310), by boiling phenylchlor-acetic acid with alkalis (A. Spiegel, _Ber._, 1881, 14, 239), by heating benzoylformaldehyde with alkalis (H. v. Pechmann, _Ber._, 1887, 20, 2905), and by the action of dilute alkalies on [omega]-dibromacetophenone (C. Engler, _Ber._, 1887, 20, 2202):--
C6H5COCHBr2 + 3KHO = 2KBr + H2O + C6H5·CHOH·CO2K.
It crystallizes from water in large rhombic crystals, which melt at 118° C. Oxidizing agents convert it into benzaldehyde. When heated with hydriodic acid and phosphorus it forms phenylacetic acid; whilst concentrated hydrobromic acid and hydrochloric acid at moderate temperatures convert it into phenylbrom- and phenylchlor-acetic acids. The inactive mixture may be resolved into its active components by fractional crystallization of the cinchonine salt, when the salt of the _dextro_ modification separates first; or the ammonium salt may be fermented by _Penicillium glaucum_, when the _laevo_ form is destroyed and the _dextro_ form remains untouched; on the other hand, _Saccharomyces ellipsoïdeus_ destroys the _dextro_ form, but does not touch the _laevo_ form. A mixture of the two forms in equivalent quantities produces the inactive variety, which is also obtained when either form is heated for some hours to 160° C.
MANDER, CAREL VAN (1548-1606), Dutch painter, poet and biographer, was born of a noble family at Meulebeke. He studied under Lucas de Heere at Ghent, and in 1568-1569 under Pieter Vlerick at Kortryck. The next five years he devoted to the writing of religious plays for which he also painted the scenery. Then followed three years in Rome (1574-1577), where he is said to have been the first to discover the catacombs. On his return journey he passed through Vienna, where, together with the sculptor Hans Mont, he made the triumphal arch for the entry of the emperor Rudolph. After many vicissitude