Legal Term Dictionary

In French and Scotch law. The employing party in the contract of man-datum, or mandate. Story, Bailm. {138. Man data lioita recipiunt strictam in-terpretationem, sed illicita latant et ex- tensam. Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16.

In French and Scotch law. The employing party in the contract of man-datum, or mandate. Story, Bailm. {138. Man data lioita recipiunt strictam in-terpretationem, sed illicita latant et ex- tensam. Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16. Less...

Fr. In French law. A person employed by another to do some act for him; a mandatary. Mandatarins terminos sibi positos transgredl non potest. A mandatary cannot exceed the limits assigned him. Jenk. Cent 53.

Fr. In French law. A person employed by another to do some act for him; a mandatary. Mandatarins terminos sibi positos transgredl non potest. A mandatary cannot exceed the limits assigned him. Jenk. Cent 53. Less...

He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct 924, 35 L. Ed. 662.

He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct 924, 35 L. Ed. 662. Less...

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 More...

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 be taken, or disposition to be made of the case, by the inferior court In some of the state jurisdictions, the name "mandate" has been 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, Bailm. s 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. Conger, 125 U. S. 397, 8 Sup. Ct 933, 31 L 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. arts. 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, Bailm. s 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 thi principal edicts. Sav. Dr. Rom. c 3, | 24 no. 4. Less...

In Spanish law. The contract of mandate. Eseriche.

In Spanish law. The contract of mandate. Eseriche. Less...

Loaves of bread given to the poor upon Maundy Thurs day.

Loaves of bread given to the poor upon Maundy Thurs day. Less...

The person employing another to perform a mandate.

The person employing another to perform a mandate. Less...

Containing a command; preceptive; imperative; peremptory. A provision in a statute is mandatory when disobedience to it will make the act done under the statute absolutely void; if the provision Is such that disregard of It will constitute an Irregularity, but one not necessarily fatal, It Is said to be More...

Containing a command; preceptive; imperative; peremptory. A provision in a statute is mandatory when disobedience to it will make the act done under the statute absolutely void; if the provision Is such that disregard of It will constitute an Irregularity, but one not necessarily fatal, It Is said to be directory. So, the mandatory part of a writ is that which commands the person to do the act specified. -Mandatory injnnotion. See INJUNCTION. Less...

Lat In the civil law. The contract of mandate, (q. v.)

Lat In the civil law. The contract of mandate, (q. v.) Less...

(I have commanded or made my mandate to the bailiff.) In English practice. The return made by a sheriff, where the bailiff of a liberty has the execution of a writ, that he has commanded the bailiff to execute it 1 Tidd, Pr. 309 ; 2 Tidd, Pr. 1025.

(I have commanded or made my mandate to the bailiff.) In English practice. The return made by a sheriff, where the bailiff of a liberty has the execution of a writ, that he has commanded the bailiff to execute it 1 Tidd, Pr. 309 ; 2 Tidd, Pr. 1025. Less...