Page:Black's Law Dictionary (Second Edition).djvu/227

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COMES AND DEFENDS

COMES AND DEFENDS. This phrase, nncieutly used in the language of pleading, Hid still surviving in some jurisdictions, occurs at the commencement of a defendant's plea or demurrer; and or its two verbs the farmer signifies that he appeais in court, the latter that he defends the action.

COMISNUS. Lat. immediately; hand-tolinnd; in personal contact.

COMITAS. Lat. Comity. courtesy, civility. Coniitas inter conniiunilates; or com!- loa inicr 1/entcs; comity between communi-

ties or nations; enmity of nations. 2 Kent, Comm. 457. OOMITATU COMMISSO. A writ or

commission, whereby .1 sheriif is authorized to enter upon the charges of a county. lleg. Orig. J95.

OOIEITATU ET CASTRO COMMISSO. A writ by which the Charge of a county, together uith the keeping of a castle. is com- mitted to me sheriff.

ODMITATUS. In old English law. A -.onnty or shire; the body of a county. The territorial jurisdittiou of :1 comes, i. e., count or enrl. The county court, a court of great antiquity and of great dignity in early times. Also, the rerinne or train of a prince or high governmental official.

OOMITES. Counts or earls. Attendants ur followers. Persons eemposing the retinne of a high tanctionary. Persons who are itlached to the suite of a public minister.

OOMITES P1-LLEYS. Counts or earls palntine; those who had the government of a county pniatine.

COMITLA. In Roman law. An assembiy, either (1) of the Roman curiae, in which case it was called the "comma curiiim wet culum,-" or (2) 01' the Roman centuries, in which case it was called the “co1iii'ti'a confu- iiatu,-" or (3) of the Roman tribes, in which Liise It w-iis called the "comma tri.buti1." Only patrieians were members of the first iwiziitiiz, and only piehians of the last; but the conimiz oenturiam comprised the entire populace, panicians and plehians hoth, nnd was the great legLsintive nssembly passing the tapes, properly so called, as the senate noted the seiiotus corisulm, and the comma tribute passed the plebiscite. Under the Lea: Hnrieiism, 287 B. 0., the picbiscitum acquired the force of a ten, Brown.

OOIEITISSA. countess ;

In old English law. A an enri's wife.

COMITIVA. In old English law. The dignity and office of a ('-U1li(‘S. (count or earl ;) the =.1UJB with what was afterwards calisd “<oiriilotus."

Also a companion or fellow-traveler; a troop or company of robbers. Jacob.

219

COMMANDERY. COMITY. Courtesy: conipiaisance; re spect; a willingness to grant a privilege.

not as a matter of right, but out or deference and good will.

—Comity of nations. The most appropriate phrase to express the true foundation and exli-nt of the obligation of the laws of one nation with- in the territories of another. It is derived ' together from the voluntary consent of [he latter: and it is iuadinisihie ivh "t is contrary to its known policy, or prejnrhc l to its interests. In the silence of any positive role affirining or denying or restraining the operation of foreign laus, courts of justice presume the tacit adoption of them by their own governiiionr unless repugnant to its policy, or prejndiual to its interests. It is not the comity of the courts, but the enmity of the nation, which is ndministcred and ascertained in the same nay, and go" ed by the same reasoning, by which iii] other principles of the municipal law are ascertained and guided. Story, Gout]. Lnns, §

The coniity of nations tcomitizs guiitiiiiii) is that body of rules which etutes observe to- wards one nnother from courtesy or mutual con- veuicnce, oilthuugih they do not form part of international law Holtz. Ene. I. ii. Hilton V. Guyot. 159 U. S. 113. 16 Sup. Ct. 13.‘). 40 L Ed 95: Fisher v. Fieldin-', 67 Conn. 91. 3-1 Ati. 714, 32 1. R. A. 231;, 55 Am. St. Rep. 9: People v. Martin, 175 N. Y. 315, 67 N. E. (E9. 96 Am. St. Rep. (‘»‘_’8.—Judicial enmity. The principle in nccordnnce with which the courts of one state or jurisdiction will give effect to the laws and judicial decisions of another, not as a matter of ohligntiun, but out of defnreiice and respect. Franzen v. Zimmer, 90 Hun, 103,

-35 N. Y. Supp. (512 time v. Bank (C. 1'.) 92 Fed. 96: Most v. (‘-0 177 S. -135. 20 Sup. Ct. (‘onkiin v.

708. 44 L. ,'(i; .- Shlpliuilding Co. (C. C.) 123 Fed. 916.

COMMAND. An order, imperative direction, or bebest. State v. Mann, 2 N. C. 4; Barney v. Ilayes, 11 Mont. 571, 29 Puc. 282, 28 Am. St. Rep. 495.

COMMANDEMENT. In French law. A writ served by the liuissic-r pursuant to a judgment or to an executory not.iriai deed. Its object is to give notice to the debtor that it he does not pay the sum to which he has been condemned by the judgment, or which he engaged to pay by the notnriai deed, his property will be seized and sold. Arg. Fr. Mere. Law. 550.

COMMANDER IN CI-HEP. By article 2, § 2, or the constitution it is deciared that the president shall be commander in chief of the army and navy of the United States. The term implies supreme control of military operations dnrlm the progress of a War, not only on the side of strategy and tactics, but

G

I-—

also in reference to the political and i.nter- K

niitionei aspects of the war. See Fleming v. Page 9 HOW. 603. 13 L. Ed. 2? Cases, 2 Black, ($35, 17 L. Ed. 459, Swaim v. U. 8.. 28 Ct. C1. 173.

COMMANDERY. in old English law. A manor or chief messuage with hinils nnd tenements thereto appertaining, which he longed to the priory of St. John of J erusaiem, in England: he who had the government of

such a manor or house was styied the ‘‘com- M