Mandate

In practice

A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence or decree.

Seaman v. Clarke, 60 App. Div. 416, 69 N. Y. Supp. 1002; Horton v. State, 63 Neb. 34 88 N. W. 146.

In the practice of the supreme court of the United States, the mandate is a precept or order issued upon the decision of an appeal or writ of error, directing the action to ba taken, or disposition to be made of the case, by the interior court In some of the state jurisdictions, the name "mandate" has bcen substituted for "mandamus" as the formal title of that writ. In contracts. A bailment of property in regard to which the bailee engages to do some act without reward.

Story, Baiim. § 137.

A mandate is a contract by which a lawful business is committed to the management of another, and by him undertaken to be performed gratuitously. The mandatary is bound to the exercise of slight diligence, and is responsible for gross neglect. The fact that the mandator derives no benefit from the acts of the mandatary is not of itself evidence of gross negligence. Richardson v. Futrell.

42 Miss. 525; Williams v. Congee, 125 In S. 397, 8 Sup. Ct. 933, 31 In Ed. 778.

A mandate, procuration, or letter of attorney is an act by which one person gives power to another to transact for him and in his name one or several affairs. The mandate may take place in five different manners,—for the interest of the person granting it only; for the joint interest of both parties; for the interest of a third person; for the interest of a third person and that of the party granting it; and, finally, for the interest of the mandatary and a third person. Civ. Code La. arte.

2985, 2986.

Mandates and deposits closely resemble each other; the distinction being that in mandates the care and service are the principal, and the custody the accessory, while in deposits the custody is the principal thing, and the care and service are merely accessory. Story, Baiim. § 140 The word may also denote a request or direction. Thus, a check is a mandate by the drawer to his banker to pay the amount to the transferee or holder of the check.

1 Q. B. Div. 33.

In the civil law. The instructions which the emperor addressed to a public functionary, and which were rules for his conduct These mandates resembled those of the proconsuls, the mandata jurisdictio, and were ordinarily binding on the legates or lieutenants of the emperor in the imperial provinces and there they had the authority of tin principal edicts. Sav. Dr. Rom. c.

3, § 24 no. 4.