Mandate

1.

The name of a class of contracts, generally considered a species of bailment, in which one party, called the mandatary, undertakes, without reward, to render some sei-vice affecting personal property placed in his charge for the purpose. According to the extended and lucid account given by Justice Story (Bailm. ch. 3) of the contract of mandate, it is distinguishable from deposit chiefly by the consideration that in mandate the service to be rendered is the principal deposit, the leading object of the parties is the custody of the thing. Three elements are necessary to create a mandate: that there should exist something which should be the subject of the contract, or some act or business to be done; that it should be to be done gratuitously; that the pai-tiea should voluntarily intend to enter into the contract. A mandatary incurs three obligations: to do the act which is the object of the mandate, and with which he is charged; to bring to it all the care and diligence that it requires; to render an account of his doings to the mandator. A mandator contracts to reimburse a mandatary for all expenses and charges reasonably incurred in the execution of the mandate, and also to indemnify him for his liability on all contracts which arise incidentally in the proper discharge of his duty. The contract of mandate may be dissolved either by the renunciation of the mandatary at any time before he has entered upon its execution, or by his death; for, being founded in personal confidence, it is not presumed to pass to his representatives, unless there is some special stipulation to that effect. But, if the mandate be partly executed, there may in some cases arise a personal obligation on the part of the representatives to complete it. Mandate is a contract by which one commits a lawful business to the management of another, who undertakes to perform the service gratuitously.

Richardson v. Futrell, 42 Miss. 525.

Under La. Code, mandate need not he gratuitous. And the agent's right to compensation may be implied from the circumstances.

Waterman v. Gibson, 5 La. Ann. 672; Succession of Fowler, 7 Id. 207. 2.

A judicial command

The rescript or precept promulgated upon the decision of au appeal or writ of error is, in the practice of the United States supreme court, called the mandate. It embodies, not the opinion of the supreme court upon the questions of law, but its decision; its direction as to what shall be done by or in the inferior court to make a final termination of the suit. The name of the writ of manda-