单词 | mandate |
释义 | mandaten. I. A commission. 1. a. Scots Law. A contract by which one person authorizes another to act without payment on his or her behalf, either generally or in a particular capacity. ΘΚΠ society > law > legal obligation > contract > [noun] > other contracts > engaging one to act for another mandate1521 mandate1756 1521 in J. Stuart Extracts Council Reg. Aberdeen (1844) I. xxxv Ane mandet to be maid on the straitest forme,..the said procuratory. 1590 Protocol Bk. J. Inglis 13 July in Dict. Older Sc. Tongue (at cited word) Haifand the power of mandat of ane honorable man James Haye. 1638 Answere to J. Forbes Peaceable Warning in Dict. Older Sc. Tongue (1967) IV. 63/2 In authoritatives mandats if hee to whom commission was given [etc.]. 1681 J. Dalrymple Inst. Law Scotl. i. x. 133 The Terms in which Mandats or Commissions are expressed. 1722 W. Forbes Inst. Law Scotl. I. i. 186 A Mandate or Commission is a Contract, by which one gives Power to another accepting, to look after his lawful Concerns, Judicial, or Extrajudicial, as if he were present. 1773 J. Erskine Inst. Law Scotl. II. iii. iii. §31 As the bare granting of a power to act can infer no obligation upon the person empowered, who is at liberty to refuse the office, this contract cannot be perfected till the mandatory has undertaken to execute the mandate; which he may do, either by word, by writing, or by any deed which sufficiently discovers his resolution. 1842 J. McGlashan Pract. Notes Jurisdiction & Process Scotl. (ed. 2) §575. 151 A mandate authorizing litigation or diligence to be carried on in name of a party who is out of the kingdom. 1870 Bell's Comment. Law Scotl. (ed. 7) I. 516 The extent of a factor's authority and his powers are to be gathered from the mandate under which he acts. 1927 W. M. Gloag & R. C. Henderson Introd. Law Scotl. 231 If the contract is gratuitous it is usually termed mandate instead of agency, and the terms mandant and mandatory are used instead of principal and agent. 1980 Oxf. Compan. Law 802/1 Mandate, in Roman and Scots law, a contract by which one person undertakes to act gratuitously for another or manage the affairs of another. b. Roman Law. A consensual contract in which one person requests another to perform a service without payment, undertaking to indemnify him or her against loss. See also mandator n. and mandatary n. 2.† action of mandate n. [ < classical Latin actiō mandāti] Obsolete a legal action for the non-performance of a contract of mandate. ΘΚΠ society > law > legal obligation > contract > [noun] > other contracts > engaging one to act for another mandate1521 mandate1756 1756 G. Harris tr. Justinian Institutions iii. xxvii. §1. 87 A mandate is given solely for the benefit of the mandator, when he requires the mandatary to transact his business, to buy lands, or to become a surety for him. 1756 G. Harris tr. Justinian Institutions iii. xxvii. §13. 91 If a man gives his cloaths to a fuller, that they may be cleaned, or to a taylor, that they may be mended, and there is no agreement or promise made, an action of mandate will lie. 1870 J. T. Abdy & B. Walker tr. Gaius Comm. iii. clv. 222 A mandate arises, whether we give a commission for our own benefit or for another person's. 1883 S. Amos Rom. Civil Law 236 By what has been called a qualified mandate (mandatum qualificatum) a person induced another to repose credit in a third person, and to that extent the principal became a sort of surety. 1996 Oxf. Classical Dict. 916/1 The contract of mandate was necessarily gratuitous. Even though mandate covered (higher) professional services (like those of an advocate), the underlying idea was that the mandatory did not act for personal gain but on account of a moral duty and as a generous and altruistic friend. c. A contract of bailment by which the recipient undertakes to perform, without payment, a service with regard to something committed to his or her keeping. ΘΚΠ society > law > legal obligation > contract > [noun] > other contracts lease1483 mutuum1486 pre-contract1563 surcontract1584 nudum pactum1603 contract of location1604 subcontract1660 mandate1781 personal contract1831 protocol1842 severable contract1848 employment contract1891 standard form contract1908 recording contract1922 record contract1924 recording deal1943 record deal1945 EULA1992 1781 W. Jones Ess. Law Bailments 53 The great distinction then between a mandate and a deposit is, that the former lies in fesance, and the latter simply in custody. 1848 J. J. S. Wharton Law Lexicon 401/1 The distinction between a mandate and a deposit is, that in the latter, the principal object of the parties is the custody of the thing; and the service and labour are merely accessorial. In the former, the labour and service are the principal objects of the parties. 1883 Encycl. Brit. XV. 472 Mandate is retained by Story and others to signify the contract more generally known as gratuitous bailment. 1977 J. Burke Jowitt's Dict. Eng. Law (ed. 2) II. 1140/2 The word mandate is also used as an equivalent for mandatum, a bailment of goods, without reward, to be carried from place to place, or to have some act performed about them. 2. Politics. [After French mandat (1789 in this sense). In quot. 1796 the phrase mandate instructions is probably after French mandats impératifs (1789).] The commission to rule or to pursue stated policies conferred by electors on their elected representatives; support for a policy or measure of an elected party regarded as deriving from the preferences expressed by the votes of the electorate. Also in extended use.doctor's mandate: see doctor n. ΘΚΠ society > authority > rule or government > ruler or governor > deliberative, legislative, or administrative assembly > governing or legislative body of a nation or community > [noun] > a representative assembly > fact of representing or being represented > mandate mandate1880 1796 J. Morse Amer. Universal Geogr. (new ed.) II. 375 [France] The members of the legislative body are not the representatives of the department which has chosen them, but of the whole nation, and no mandate instructions can be given them.] 1880 J. McCarthy Hist. our Own Times IV. 554 It would almost seem as if the present school of fiction is, to borrow a phrase from French politics, exhausting its mandate. 1886 Hansard Commons 9 Apr. 1244 I am perfectly aware that there exists in our constitution no principle of the mandate... But..I maintain that there are certain limits which Parliament is morally bound to observe, and beyond which Parliament has morally not the right to go in its relations with the constituents. 1901 Daily News 27 Mar. 4/4 Strictly speaking,..there is no such thing in England as a mandate. Lord Salisbury was the first to introduce into English politics that essentially Jacobinical phrase. 1902 Contemp. Rev. Dec. 809 No practical politician can desire to lay too much stress upon the mandate theory of a general election. 1936 R. C. K. Ensor England, 1870–1914 i. 25 Gladstone (who ten months earlier had been telling the queen that his work was done, his mandate exhausted, and he himself in need of a long rest) declared on 24 January [1874] his intention of dissolving parliament. 1968 Daily Progress (Charlottesville, Virginia) 11 July c14/4 We need to win only 36 [seats], which I am sure we can do, and that will be an overwhelming mandate for Scottish freedom. 1991 Time 17 June 42/1 With..a mandate to undo the past, Czechoslovakia's postcommunist government is determined to dismantle the country's arms industry. 3. A commission issued by the League of Nations (1919–46) authorizing a selected power to administer, control, and develop a territory; the territory so allocated. Now historical. ΘΚΠ society > authority > delegated authority > [noun] > authorization > issued by League of Nations League of Nations mandate1919 mandate1919 society > authority > rule or government > a or the system of government > direct rule, devolution, or trusteeship > [noun] > protectorate or trusteeship protectorate1798 trusteeship1841 protectionate1853 League of Nations mandate1919 mandate1919 society > authority > rule or government > territorial jurisdiction or areas subject to > [noun] > territory governed by a ruler or state > dependent > under mandate or trust League of Nations mandate1919 mandate1919 Trust Territory1945 1919 League of Nations Charter Art. xxii The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions, and other similar circumstances. 1921 Spectator 12 Feb. 189/2 The draft mandates for Palestine and Mesopotamia, which are to come before the Council of the League of Nations on February 21st, were published unofficially last week. 1921 Spectator 2 Apr. 419/1 They apparently look upon mandate-making as a kind of old-fashioned diplomacy. 1946 Ann. Reg. 1945 166 The Trusteeship System, replacing the Mandate System of the League, will cover a wider range of backward territories. 1972 Whitaker's Almanack 951/2 Syria, which had been under French mandate since the 1914–18 war, became an independent Republic during the 1939–45 war. 1991 Internat. Jrnl. Refugee Law 3 250 Since the establishment of Israel, land owned by Arabs has been reduced to less than one third of the figure during the British Mandate. II. A command; an authorization. 4. a. Law. A judicial or legal command from a superior to an inferior; any order, request, etc., issued by a legislative body or embodied in a legislative act. In early English law: a command of the king and his justices relating to a private suit. In U.S. Law: a document conveying a decision of a court of appeal to an inferior court. ΘΚΠ society > law > administration of justice > process, writ, warrant, or order > [noun] > mandate compulsorya1513 mandate1552 mandatum1577 mandatory1839 1552 Forme of Makyng Bishoppes sig. B4 Then shall the Archbishop demaund the king's mandate for the consecration, and cause it to be read. 1597 Sir R. Cecil Let. 26 July in H. Ellis Orig. Lett. Eng. Hist. (1824) 1st Ser. III. 44 She [sc. Queen Elizabeth] therfor tooke upon her, by mandat, to prohibite him and his Countreis. a1623 H. Swinburne Treat. Spousals (1686) 172 A general Mandate to contract Marriage is not sufficient, unless his Ratification, which made the Mandate, do follow. 1656 T. Blount Glossographia Mandate..In our Common Law it is a commandement judicial of the King or his Justices to have any thing done for the dispatch of Justice. 1669 E. Chamberlayne Present State Eng. ii. 49 Next goes forth a Mandate from the Archbishop to the Archdeacon of his Province, to instal the Bishop elected, confirmed and consecrated. 1721 J. Strype Eccl. Memorials I. l. 384 This is but a contraction of the King's mandate to the Archbishop. 1798 J. Ferriar Illustr. Sterne v. 153 All that was now wanting, was a mandate from the Elector, to authorize the completion of the marriage. 1845 S. Austin tr. L. von Ranke Hist. Reformation in Germany (ed. 2) II. 129 [He] obtained..a mandate wherein the princes were required to restore all his castles to him. 1887 T. Roosevelt T. H. Benton v. 113 Towards the close of Adams's term, Georgia had bid defiance to the mandates of the Supreme Court. 1921 Michigan Rep. 210 210 A penalty is provided for violation of said ordinance with a mandate prohibiting departments of the city from issuing permits. 1993 N.Y. Times 21 Mar. i. 30/4 Congress passed two dozen bills that laid down a welter of mandates. ΘΚΠ society > faith > church government > member of the clergy > clerical superior > bishop > [noun] > see of > letter to mandate1570 pastoral letter1688 1570 J. Foxe tr. Pope Urban Epist. in Actes & Monuments (rev. ed.) I. 311/1 We send our mandates agayn to your brotherhode..districtly..commaundyng you, that [etc.]. 1655 T. Fuller Church-hist. Brit. ii. 136 The Arch-bishop sent his Mandate to the Abbot and Convent of Glassenbury, henceforward to desist from any jactitation of Dunstan's Corpse. 1764 Ann. Reg. 1763 120 The archbishop of Paris..lately published a mandate, or pastoral letter, to the people of his diocese. a1819 R. Watt Bibliotheca Brit. (1824) II. 767u Pompignan, John George le Franc..Archbishop of Vienna..Mandates prohibiting the reading of the Works of Rousseau and the Abbé Raynal. c. gen. A command, order, or injunction. Also: a commission (cf. senses 1, 2, 3). ΘΚΠ society > authority > command > command or bidding > [noun] > a command wordOE behestc1175 commandmentc1250 precepta1325 mandementc1325 saw1338 hotea1350 biddinga1400 highta1400 judgementc1405 order1543 imperea1546 command1552 shall?1553 impery1561 mandate1576 mandition1597 imperative1606 fiata1631 mitzvah1723 order of the day1804 hukum1838 prikaz1858 1576 A. Fleming tr. J. Caius Of Eng. Dogges 12 The theeuishe Dogge..at the mandate and bydding of his master fleereth and leereth abroade in the night. 1625 F. Bacon Ess. (new ed.) 78 Cauilling vpon Mandates and Directions, is a kinde of shaking off the yoake. 1682 N. Tate & J. Dryden 2nd Pt. Absalom & Achitophel 27 The Royal Mandate Issues forth, Dashing at once their Treason, Zeal, and Mirth. 1760 S. Johnson Idler 8 Mar. 73 He speaks and his Mandate is obeyed. 1797 A. Radcliffe Italian I. vi. 170 She immediately obeyed the mandate of the Abbess. 1843 T. Carlyle Past & Present iv. iv. 368 The mandate of God to His creature man is: Work! 1887 C. Bowen tr. Virgil Æneid iv, in tr. Virgil in Eng. Verse 196 Let him to sea; my mandate is this; be the messenger thou. 1949 N. Mitford Love in Cold Climate ii. vi. 249 Now the Boreley family consider that they have a special mandate, bestowed from on high, to deal with everything that regards the horse. 1993 Compass (Toronto) Mar.–Apr. 30/2 The western, fired by the spirit of Manifest Destiny and America's God-given mandate to conquer all that lay to the west. d. A papal rescript, esp. ordering the appointment of a particular person to a benefice. ΘΚΠ society > faith > church government > member of the clergy > clerical superior > pope > papal documents > [noun] > rescript rescripta1500 provinciala1529 mandate1611 1611 R. Cotgrave Dict. French & Eng. Tongues Mandat, A Mandate, or Mandamus for the preferment of one to a Benefice. 1727–41 E. Chambers Cycl. Mandate, Mandatum, in the canon law, denotes a rescript of the pope, by which he commands some ordinary, collator, or presenter, to put the person there nominated in possession of the first benefice vacant in his collation. 1790 E. Burke Refl. Revol. in France 41 Mandates for deposing sovereigns were sealed with the signet of ‘the Fisherman’. 1848 J. J. S. Wharton Law Lexicon s.v. Mandate,..In the canon law, a rescript of the pope, by which he commands some ordinary collator or presentor to put the person there nominated in possession of the first benefice vacant in his collation. 1864 C. M. Yonge Cameos lxviii, in Monthly Packet Apr. 383 A mandate came from Pope Innocent for the King's excommunication. ΘΚΠ society > education > member of university > [noun] > fellow > elected on command of sovereign mandate1617 1617 F. Moryson Itinerary i. 1 I..was chosen Fellow of the said College by Queene Elizabeths Mandat. a1628 F. Greville Life of Sidney (1651) xvi. 223 Her [sc. Queen Elizabeth's] Universities were troubled with few Mandates. 1665 J. Buck in G. Peacock Observ. Statutes Univ. Cambr. (1841) App. B. p. lxxxvii If any Mandates are brought for Degrees in the Vacation time, then this or the like Grace is propounded to the Caput Senatus. 1761 J. Bennet Ascham's Eng. Wks. Life 15 The young man was made by the Queen's mandate fellow of a college in Cambridge. ΘΚΠ society > authority > command > command or bidding > [noun] > a command > sent to Roman governor mandate1776 1776 E. Gibbon Decline & Fall I. xvi. 548 Paternus, proconsul of Africa, summoned Cyprian to appear in his private council-chamber. He there acquainted him with the Imperial mandate which he had just received. 1883 S. Amos Rom. Civil Law 83 Mandates, or instructions to public officials, usually the emperor's ‘Legates’. 1883 S. Amos Rom. Civil Law 83 Most of the mandates of which a record is preserved relate to criminal law or police matters. 5. Banking. a. A written authority enabling one person to carry out transactions on another's account. ΚΠ 1802 R. J. Pothier Treat. on Obligation I. vi. 329 What he said or wrote to me should include an actual mandate, by which he has required me to lend this sum to this person. 1909 King's Bench ii. 1010 It is the duty of a customer of a bank issuing mandates to the bank to take reasonable care so as not to mislead the bank. 1909 King's Bench ii. 1018 The banker has entered into a contract with his customer not to part with the latter's money until he receives a mandate from the customer to pay for it. 1965 J. L. Hanson Dict. Econ. 268/1 Mandate, as used in banking it is an authority given in writing for another person, a specimen of whose signature is attached, to draw on a person's account. b. A form authorizing a bank to pay a direct debit, standing order, etc., from a customer's account. ΚΠ 1986 Sunday Express Mag. 27 Apr. 9/3 (advt.) On acceptance, Sun Life will send you your policy and a Direct Debit mandate for your future monthly premiums. 1992 Mature Times Monthly Oct. 8/6 The company will give you a form known as a ‘Mandate’ which, once you have signed, would allow them to ask your bank to send them varying amounts on different dates. 1993 Accountancy Feb. 119 If a change of bank is involved then a new mandate must be set up with the Institute and the bank. Compounds Designating something distributed at or relating to a Maundy ceremony (= Maundy n. Compounds 1). [see Maundy n., and etymological note at that entry.] ΘΚΠ society > society and the community > social attitudes > philanthropy > [noun] > charitableness or alms-giving > that which is given in charity > on Maundy Thursday Maundy1502 Maundy ale1517 Maundy bread1517 mandate bread1841 mandate money1841 Maundy money1853 1841 R. T. Hampson Medii Ævi Kal. I. 185 The bread given to the poor on Maunday Thursday was named mandate bread mandati panes in the monasteries. ΘΚΠ society > society and the community > social attitudes > philanthropy > [noun] > charitableness or alms-giving > that which is given in charity > on Maundy Thursday Maundy1502 Maundy ale1517 Maundy bread1517 mandate bread1841 mandate money1841 Maundy money1853 1841 R. T. Hampson Medii Ævi Kal. I. 185 The coin given was called maundate [sic] money. ΘΚΠ society > faith > worship > liturgical year > feast, festival > specific Christian festivals > Holy Week > [noun] > Thursday in Sheer Thursdayc1200 Maundy Thursday1440 Skire Thursday?c1450 Cene Thursday1483 Skere Thursday1498 Our Lord's Supper Daya1500 Maudlin Thursday1517 Shrove Thursday1518 begging Thursday1546 mandate Thursday1546 Holy Thursday1590 1546 in J. T. Fowler Memorials Church SS. Peter & Wilfrid, Ripon (1888) III. 11 He payth' yerlie for breade wyne and waxe wt thexpencez of Mandet Thursday x li. 1657 A. Sparrow Rationale Bk. Common Prayer (new ed.) 157 Hence it is called Dies mandati, Mandate or Maundy Thursday. 1797 Encycl. Brit. X. 687/1 Maundy Thursday, is the Thursday in Passion week; which was called Maundy or Mandate Thursday. This entry has been updated (OED Third Edition, September 2000; most recently modified version published online June 2022). mandatev.ΘΚΠ society > authority > command > command or bidding > command [verb (transitive)] i-bedea800 highteOE bid971 bibedec1000 ordainc1325 warnc1380 commanda1382 tella1475 mand1483 wishc1515 hest1582 behight1591 order1609 mandate1623 warrant1632 1623 H. Cockeram Eng. Dict. Mandate, to command. 2. transitive. Scottish. To commit (a speech, lesson, etc.) to memory. ΚΠ 1710 J. Morice in W. C. Dickinson Two Students at St. Andrews (1952) 7 Thomas is now learning the Rule of Three in whole Numbers and Kenneth is so far advanced in the Fractions wherein they are exercised at spare hours only as a reward of their diligence when they mandate their repititions timely. 1724 R. Wodrow Life J. Wodrow (1828) 32 After I have mandated my exercises. 1796 C. Simeon Gospel Message Pref. 3 He [sc. Archbishop Secker] then proceeds to express his disapprobation of what is called Mandating of Sermons, or repeating them from memory. This custom prevails much among foreign Divines, and throughout the whole Church of Scotland. 1861 J. Brown Horæ Subsecivæ 2nd Ser. II. 329 His sermons being laboriously prepared, loudly mandated..and then delivered with the utmost vehemence and rapidity. 1893 S. R. Crockett Stickit Minister (1894) 135 He rose and walked his study, ‘mandating’ his opening sentences with appropriate gestures. 1937 T. Henderson Lockerbie 163 To ‘mandate’ or prepare a prayer was considered sinful. 1951 R. J. Drummond Lest we Forget 11 I had only from that evening at six till Sabbath to mandate my two discourses. 3. transitive. To assign (territory) to another power under a mandate of the League of Nations; only in past participle. Cf. mandate n. 3 and mandated adj. 2. ΘΚΠ society > authority > rule or government > a or the system of government > direct rule, devolution, or trusteeship > [verb (transitive)] > assign under mandate mandate1920 1920 Glasgow Herald 7 July 11 The Island of Nauru in the Pacific (which is mandated to the British Empire). 1922 Times Lit. Suppl. 23 Nov. 756/3 The result of the late war has been to eliminate Germany from the map, her territories being mandated to the British and other nations. 4. transitive. To commission or delegate authority to (a representative, group, organization, etc.). ΘΚΠ society > authority > delegated authority > investing with delegated authority > vest authority in a person [verb (transitive)] > give mandate to mandate1958 1958 Spectator 20 June 191/1 A delegate conference was called, and garages invited to mandate their representatives to vote for or against continuance [of a strike]. 1973 Black World May 35/2 The Committee mandated its current chairman..to visit all O.A.U. member states. 1987 Brit. Med. Jrnl. 22 Aug. 493/2 Last June Illinois passed a bill requiring the state to trace sexual partners,..but mandating the department to preserve the confidentiality of reports. 5. transitive. Chiefly U.S. To require (some action) by legal mandate or other formal process; (more generally) to make mandatory or compulsory; (with abstract subject) to necessitate. ΘΚΠ society > authority > subjection > obedience > compulsion > compel [verb (transitive)] > make compulsory mandate1975 1975 P. Gerber Willa Cather iii. 84 Cather had found that dedication mandates loneliness. 1975 P. Gerber Willa Cather iii. 88 The adoption of Jim's point-of-view not only explains but actually mandates the episodic structure of the novel. 1976 National Observer (U.S.) 10 Jan. 10/1 Until the Government began mandating better auto safety, it was difficult if not impossible to buy American-made cars with such things as crash-resistant bumpers. 1981 Observer 6 Sept. 16/9 No single carrier could have unilaterally reduced its services. But the strike mandated a 20 to 25 per cent reduction in operations generally. 1991 South Aug. 48/1 Zionist ideology mandates free entry for any Jew wishing to settle in Israel. This entry has been updated (OED Third Edition, September 2000; most recently modified version published online March 2022). < n.1521v.1623 |
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