Page:The American Cyclopædia (1879) Volume XI.djvu/108

 100 MANDELAY known to deal with those of like kind, who professed this as his business, and expressly or by implication asserted himself to possess suf- ficient skill, this person would then be liable, as for gross negligence, if he did not possess the requisite skill, or did possess it but did not make use of it, although he was strictly a mandatary, and had undertaken the work gratuitously. Here, however, a distinction must be taken. If a workman who is paid for his service asserts himself to have sufficient skill, he is liable for injury resulting from the want of that skill, although he does his best. But if he is not paid for his service and makes the same assertion, he is now not liable merely for the want of it unless he made the assertion fraudulently and knowing its falsehood ; but, however honest, he is liable if, besides a want of skill, he has been guilty of negligence. Man- dates in the civil law were the orders of the high functionaries, as the consuls and procon- suls, and afterward the emperors, to subordi- MANDEVILLE nate officers, to instruct them as to the con- duct they should pursue, either in general or in particular cases. At common law, the word mandate in a corresponding sense can hardly be said to be known. But it is sometimes used to signify an official command issued by a court, or a magistrate, or any tribunal hav- ing authority, in the form of a writ or pre- cept. It is generally, if not always, confined to commands issued to an inferior court, to con- firm or set aside a judgment, as by the supreme court of the United States to a circuit court, or to a proper officer, to enforce or execute a judgment, decree, or order. When the com- mand is issued to an individual who is a party before the tribunal, it is commonly known as an injunction, prohibition, or the like. MMDELAY, Mandalay, or Pattawapnra, the present capital of the kingdon of Burmah, a little N. of the former capital Amarapura, 3 m. from the Irrawaddy river, and 350 m. N. of Rangoon ; pop. about 90,000. In 1856 its site Mandelay. was occupied by cultivated fields; but after the royal determination to select a new capi- tal, its erection was carried forward so rapidly that by July, 1857, it was ready for the recep- tion of the court. The city is laid out in three parallelograms, one within another, of which only the two inner are walled. Within the inmost is the palace, which is also defended by high palisades, and surrounded by courtyards, gardens, and pools. Within this square are also the various offices of government. The sec- ond enclosure contains the houses of the civil and military officers and the soldiers' quarters, and is laid out in wide streets crossing at right It is surrounded by a high wall flanked with strong towers, with four massive gates, are locked at night. There is also a deep ditch. A wide interval separates this quarter from the outer city, which is occupied by the merchants, mechanics, &c. The forti- fications are massive, and the palace, pagodas, and cloisters are brilliant with color and gold ; but the city still resembles the encampment of a tribe of nomads, and many of the dwellings are little more permanent than tents. Water is obtained from the river by a canal, which to obtain a proper level has to be carried a distance of 16 m. Postal communication with Rangoon is kept up by dak boats, which make the voyage in eight days. MANDEVILLE, Sir John, an English author, born in St. Albans about 1300, died in Li6ge, Nov. 17, 1372. He was a proficient in theolo- gy, natural philosophy, and medicine, and even