Mandate

! ]. a charge, command; a judicial command. 2 Includes "■ writ, process or other written direction issued pursuant to law out of a court, or made pursuant to law, by a court, or a judge, or a person acting as ei, judicial officer, and commanding a court, board or other body, or an officer or other person named or otherwise designated therein, to do or refrain from doing an act therein specified.* The rescript or precept promulgated upon the decision of a cause by the Supreme Court is called a mandate. It embodies what shall be done by the lower court.

Mandatory.

Involving a command; opposed to directory, q. v. Many statutory requisitions, intended for the guidance of offlcers in the conduct of business, do hot limit theii" power or render its exercise in disregard of the requirements Ineffectual. Such are regulations designed to secure order, system, and dispatch in proceedings. Provisions of this character are not mandatory unless accompanied by negative words importing that the acts shall not be done in any other manner or time than that designated. But when the requirements, as, in a tax sale, are intended for the protection of the citizen, and to prevent a sacrifice of his property, and by a disregard of which his rights might be and generally would be injuriously affected, they are not directory but mandatory. They must then be followed or the acts done will be invalid. The power of the officer is limited by the manner and conditions prescribed for its exercise.* Compare PRonmi TioN, 1.

2.

In a few of the States, the writ of mandamus, q.

V. 3.

A contract by which a lawful business is committed to the management of another, and by him undertaken to be performed without reward.' Mandant or mandator. The bailor in a contract of mandate.

Mandatary.

The bailee in such contract.

See Bailment.