mandate

Whatever was before the Court, and is disposed of, is considered as finally settled. The inferior court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate. They cannot vary it, or examine it for any other purpose than execution; or give any other or further relief; or review it upon any matter decided on appeal for error apparent; or intermeddle with it, further than to settle so much as has been remanded. After a mandate, no rehearing will be granted... and on a subsequent appeal, nothing is brought up, but the proceeding subsequent to the mandate.

In Practice. A judicial command or precept issued by a court or magistrate, directing the proper officer to enforce a judgment, sentence, or decree. Commonly applied to the precept issued by an appellate court after decision of the cause, commanding the lower court to proceed therein. some act without reward. Story, Bailm. i 137; 148 111. 186. The contract of mandate in the civil law is not limited to personal property, nor does it require a delivery of personal property when it relates to that. Poth. de Mand. note 1; Civ. Code La. arts. 2954-2964. It is, however, restricted to things of a personal nature at common law, and of these there must be a delivery, actual or constructive. Story, Bailm. § 142; 3 Strob. (S. C.) 343. 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, Bailm. § 140. In Civil Law. The instructions which the emperor addressed to a public functionary, and which were to serve as 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 of the imperial provinces, and there they had the authority of the principal edicts. Savigny. Dr. Rom. c. 3, § 24, note 4. International Law. The authority under which former German colonies were taken over and administered under the treaty of Versailles.

A direction or request. Thus a check is a mandate by the drawer to his banker to pay the amount to the holder of the check; 1 Q. B. Div. 33. A power of attorney to receive payment in the extinguishment of an obligation. It may be express or implied. See Howe, Stud. Civ. L. 152. In Practice. A judicial command or precept issued by a court or magistrate, directing the proper olhcer to enforce a judgment, sentence, or decree. The judgment of an appellate court sent down to the court whose proceedings have been reviewed. In some jurisdictions the court of last resort is authorized to enter final judgment upon which execution may issue without further proceedings, but neither of the federal appellate courts has such power; 1 U.

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.

A kind of bailment when one undertakes, without recompense, to do some act for another, in respect to the thing bailed; a judicial command; that part or clause of a writ containing the words "We command you," etc.

In practice. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to entorce a judgment, sentence, or decree, Jones, Bailm. 52.; In the practice of the supreme court of the United States, the mandate is a precept or order, issued upon the decision of an appeul or writ of error, directing the action to be taken, or disposition to be made of the ease, by the inferior court. In some of the state jurisdictions, the name “mandate” has been substituted for “mandamus” ag 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, Bailm. § 137. A mandate ig a contract by which a lawful business is committed to the management of another, and by him undertaken to be performed gratuitously. Tho 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, 42 Miss, 526. 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 ib only; for the joint interest of both parties; tor 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. Civil Code La. arts. 2985, 2986, Mandates and deposits closely resemble each othar; the distinction being that in mandates the care and servics are the principal, aud the custody the accessory, while in deposits tha custody ‘The word may also denote a request or di- _ reetion. 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 civillaw. The instructions which the smperor 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 emperorin the imperial provinces, and there they had the authority of the principal edicts. Sav. Dr. Rom. c. 8, § 24, no. 4.

! ]. 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.

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-

in practice, is a judicial command or precept issued by a court or magistrate directing the proper officer to enforce a judgment, sentence or decree. Jones’s Bailm. 52; Story on Bailm. § 137.