mandate

mandate
    n 1: a document giving an official instruction or command [syn:
         {mandate}, {authorization}, {authorisation}]
    2: a territory surrendered by Turkey or Germany after World War
       I and put under the tutelage of some other European power
       until they are able to stand by themselves [syn: {mandate},
       {mandatory}]
    3: the commission that is given to a government and its policies
       through an electoral victory
    v 1: assign under a mandate; "mandate a colony"
    2: make mandatory; "the new director of the school board
       mandated regular tests"
    3: assign authority to
    

Mandate \Man"date\, n. [L. mandatum, fr. mandare to commit to
   one's charge, order, orig., to put into one's hand; manus
   hand + dare to give: cf. F. mandat. See {Manual}, {Date} a
   time, and cf. {Commend}, {Maundy Thursday}.]
   1. An official or authoritative command, order, or
      authorization from a superior official to a subordinate;
      an order or injunction; a commission; a judicial precept.
      [1913 Webster]

            This dream all-powerful Juno; I bear
            Her mighty mandates, and her words you hear.
                                                  --Dryden.
      [1913 Webster]

   2. Hence: (Politics) An authorization to carry out a specific
      public policy, given by the electorate to their
      representatives; -- it is considered to be implied by the
      election of a candidate by a significant margin after that
      candidate has campaigned with that policy as a prominent
      element of the campaign platform.
      [PJC]

   3. Hence: Authorization by a multinational body to a nation
      to administer the government and affairs of a territory,
      usually a former colony; as, termination of the British
      mandate in Palestine.
      [PJC]

   4. (Canon Law) A rescript of the pope, commanding an ordinary
      collator to put the person therein named in possession of
      the first vacant benefice in his collation.
      [1913 Webster]

   5. (Scots Law) A contract by which one employs another to
      manage any business for him. By the Roman law, it must
      have been gratuitous. --Erskine.
      [1913 Webster]
    

MANDATE. Mandatum or commission, contracts. Sir William Jones defines a 
mandate to be a bailment of goods without reward, to be carried from place 
to place, or to have some act performed about them. Jones' Bailm. 52; 2 Ld. 
Raym. 909, 913. This seems more properly an enumeration of the various sorts 
of mandates than a definition of the contract. According to Mr. Justice 
Story, it is a bailment of personal property, in regard to which the bailee 
engages to do some act without reward. Bailm. Sec. 137. And Mr. Chancellor 
Kent defines it to be when one undertakes, without recompense, to do some 
act for the other in respect to the thing bailed. Comm. 443. See, for other 
definitions, Story on Bailm. Sec. 137; Pothier, Pand. lib. 17, tit. 1; 
Wood's Civ. Law, B. 3, c. 5, p. 242; Halifax's Anal. of the Civ. Law, 70,; 
Code of Louis. art. 2954; Code Civ. art. 1984; 1 Bouv. Inst. n. 1068. 
     2. From the very term of the definition, three things are necessary to 
create a mandate. First, that there should exist something which should be 
the matter of the contract; secondly, that it should be done gratuitously; 
and thirdly, that the parties. should voluntarily intend to enter into the 
contract. Poth. Pand. Lib. 17, tit. 1, p. 1, Sec. 1; Poth. Contr. de Mandat, 
c. 1, Sec. 2. 
     3. There is no particular form or manner of entering into the contract 
of mandate, prescribed either by the common law, or by the civil law, in 
order to give it validity. It may be verbal or in writing; it may be express 
or implied it may be in solemn form or in any other manner. Story on Bailm. 
Sec. 160. The contract may be varied at the pleasure of the parties. It may 
be absolute or conditional, general or special, temporary or permanent. 
Wood's Civ. Law, 242; 1 Domat, B. 1. tit. 15, Sec. 1, 6, 7, 8; Poth. Contr. 
de Mandat, c. 1, Sec. 3, n. 34, 35, 36. 
     4. As to the degree of diligence which the mandatory is bound to 
exercise, see Mandatory; Negligence; Pothier, Mandat, h. t; Louis. Code, 
tit. 15 Code Civ. t. 13, c. 2 Story on Bailm. Sec. 163 to 195; 1 Bouv. Inst. 
n. 1073. 
     5. As to the duties and obligations of the mandator, see Story on 
Bailm. 196 to 201; Code Civ. tit. 13, c. 3; Louis. Code, tit. 15, c. 4; 1 
Bouv. Inst. n. 1074. 
     6. The contract of mandate may be dissolved in various ways: 1. It may 
be dissolved by the mandatary at any time before he has entered upon its 
execution; but in this case, as indeed in all others, where the contract is 
dissolved before the act is done which the parties intended, the property 
bailed is to be restored to the mandator. 
     7.-2. It may be dissolved by the death of the mandatory; 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 this principally applies to cases where the mandate remains wholly 
unexecuted; for if it be in part executed, there may in some cases, arise a 
personal obligation on the part of the representatives to complete it. Story 
on Bailm. Sec. 202.; 2 Kent's Com. 504, Sec. 4; Pothier, Mandat, c. 4, Sec. 
1, n. 101. 
     8. Whenever the trust is of a nature which requires united, advice, 
confidence and skill of all, and is deemed a joint personal trust to all, 
the death of one joint mandatary dissolves the contract as to all. See Story 
on Bailm. Sec. 202; Co. Litt. 112, b; Id. 181, b; Com. Dig. Attorney, C 8;  
Bac. Abr. Authority, C; 2 Kent's Com. 504 7 Taunt. 403. 
     9. The death of the mandator, in like manner, puts an end to the 
contract. See 2 Mason's R. 342; 8 Wheat. R. 174; 2 Kent's Com. 507; 1 Domat, 
B. 1, tit. 15, Sec. 4, n. 6, 7, 8; Pothier, Contract de Mandat, c. 4, Sec. 
2, n. 103. But although an unexecuted mandate ceases with the death of the 
mandator, yet, if it be executed in part at that time, it is binding to that 
extent, and his representatives must indemnify the mandatory. Story on 
Bailm. Sec. 204, 205. 
    10.-3. The contract of mandate may be dissolved by a change in the 
state of the parties; as if either party becomes insane, or, being a woman, 
marries before the execution of the mandate. Story on Bailm. Sec. 206; 2 
Rop. on H. & W., 69, 73; Salk. 117; Bac. Abr. Baron and Feme, E; 2 Kent's 
Com. 506, 
    11.-4. It may be dissolved by a revocation of the authority, either by 
operation of law, or by the act of the mandator. 
    12. It ceases by operation of law when the power of the mandator ceases 
over the subject-matter; as, if he be a guardian, it ceases, as to his 
ward's property, by the termination of the guardianship. Pothier, Contract 
de Mandat, c. 4, Sec. 4, n. 112. 
    13. So, if the mandator sells the property, it ceases upon the sale, if 
it be made known to the mandatory. 7 Ves. Jr. 276; Story on Bailm. Sec. 207. 
    14. By the civil law the contract of mandate ceases by the revocation of 
the authority. Story on Bailm. Sec. 208; Code Civ. art. 2003 to 2008; Louis, 
Code, art. 2997. 
    15. At common law, the party giving an authority is generally entitled 
to revoke it. See 5 T. R. 215; Wallace's R. 126; 5 Binn. 316. But, if it be 
given as a part of a security, as if a letter of attorney be given to 
collect a debt, as a security for money advanced, it is irrevocable by the 
party, although revoked by death. 2 Mason's R. 342; 8 Wheat. 174; 2 Esp. R. 
365; 7 Ves. 28; 2 Ves. & Bea. 51; 1 Stark. R. 121; 4 Campb. 272. 
    

MANDATE, practice. A judicial command or precept issued by a court or 
magistrate, directing the proper officer to enforce a judgment, sentence or 
decree. Jones'. Bailm. 52; Story on Bailm. Sec. 137. 
    

MANDATE, civil law. Mandates were the instructions which the emperor 
addressed to public functionaries, which were to serve as rules for their 
conduct. 2. These mandates resembled those of the pro-consuls, 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. Sav. Dr. Rom. ch. 3, Sec. 24, n. 4. 
    

219 Moby Thesaurus words for "mandate":
      adverse possession, agency, agentship, ally, alodium, archduchy,
      archdukedom, assignment, authority, authorization, behest,
      bench warrant, bid, bidding, body politic, brevet, buffer state,
      burgage, call on, call the signals, call upon, capias,
      captive nation, care, caveat, charge, chieftaincy, chieftainry,
      city-state, claim, colony, command, commission, commissioning,
      commitment, commonweal, commonwealth, consignment,
      constitutional referendum, country, county, cure, de facto,
      de jure, death warrant, declare, decree, delegated authority,
      delegation, dependency, deputation, derivative title, devolution,
      devolvement, dictate, direct, direct initiative, domain, dominion,
      duchy, dukedom, earldom, embassy, empery, empire, empowerment,
      enjoin, entrusting, entrustment, errand, executorship, exequatur,
      factorship, facultative referendum, fee fief, fee position,
      fee simple, fee simple absolute, fee simple conditional,
      fee simple defeasible, fee simple determinable, fee tail, feodum,
      feud, fiat, fiefdom, fieri facias, frankalmoign, free city,
      free socage, freehold, full power, gavelkind, give an order,
      give the word, grand duchy, habere facias possessionem,
      having title to, hold, holding, imperative, indirect initiative,
      initiative, injunction, instruct, interdict, issue a command,
      issue a writ, jurisdiction, kingdom, knight service, land, lay fee,
      lease, leasehold, legal claim, legal possession, legation, license,
      lieutenancy, mandamus, mandant, mandated territory, mandatee,
      mandatory, mandatory injunction, mandatory referendum, mission,
      mittimus, nation, nationality, nisi prius, notice, notification,
      occupancy, occupation, office, ordain, order, order about,
      original title, owning, plebiscite, plebiscitum,
      plenipotentiary power, polis, polity, possessing, possession,
      power, power of attorney, power to act, precept, preoccupancy,
      preoccupation, prepossession, prescription, principality,
      principate, process, proclaim, procuration, prohibitory injunction,
      promulgate, pronounce, property, property rights,
      proprietary rights, protectorate, province, proxy,
      puppet government, puppet regime, purview, realm, recall,
      referendum, regency, regentship, republic, responsibility, rule,
      satellite, say the word, search warrant, seisin, seneschalty,
      settlement, socage, sovereign nation, squatting, state,
      statutory referendum, sublease, sultanate, superpower, task,
      tenancy, tenantry, tenure, tenure in chivalry, territory, title,
      toparchia, toparchy, trust, trusteeship, underlease, undertenancy,
      usucapion, vicarious authority, villein socage, villeinhold,
      villenage, warrant, warrant of arrest, warrant of attorney, word,
      writ