Page:Black's Law Dictionary (Second Edition).djvu/228

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COMMANDITAIRES

nizinder," who could not dispose of it, but to the use of the priory, only taking thence his own sustenance, according to his degree. The nlllu0l‘5 and lands belongiu to the pri- ury of St. John of Jerusalem were given to lienry the Eighth by 32 Hcn. VIII. c. 20, about the time of the dissolution of abbeys and monasteries; so that the mime only or Lommanderi remains, the power being long since extinct Wharton.

COMMANDITAIRES. Special partners; partners en conmmmmé. See Coinunoirfi.

COMMANDITE. In French law. A spe- ual or limited partnership, where the con- Li act is between one or more persons who are general partners, and jointly and severally responsible, and one or more other persons who merely furnish a particular fund or cap- ital stuck, and thence are called "commI1/n.d6- wires," or “oo1run.emmmr0s," or "partners en commammé;" the business being carried on under the social name or firm of the general pui tners only. composed of the names of the general or complementary partners, the partners in commamiité being liable to losses only to the extent of the funds or capital furnished by them. Story, Partn. § 78; 3 Kent, Comm. 34.

COMMANDMENT. In practice. An authoritative order of a judge or nmgisteriai officer.

In criminal law. The act or offense of one who commands another to transgress the law, or do anything contrary to law, as theft, murder, or the like. Particularly applied to the act of an accessory before the fact, in icniting, procuring, setting on, or stirring up another to do the fact or act. 2 Inst. 152.

COMMARGHIO. fines of land.

A boundary; the con-

GOMMENCE. To commence a suit is to demand something by the institution of process in a court 01' justice. Cohens v. Virglnlu, 6 Wheat. 408, 5 L. Ed. 257. To “bri.ng" a suit is an equivalent term; on action is “commenced" when it is “brought," and vice versa. Goidenberg v. Murphy, 108 U. S. 162, 2 Sup. Ct. 388, 27 L. Ed 686.

GOMMENDA. In French law. The de livery of s benefice to one who cannot hold the legal titie, to keep and manage it for a Limo limited and render an account of the proceeds. Guyot, Rep. Univ.

In mercantile law. An association in which the management of the property was lntrusted to individuals. Troub. Llm. Pnrtn c. 3, § 27.

commends est fscnltas recipiendi at x-etinendi benefluinm contra. jus positiv- Inn 5. sup:-emn poteutste. Moore, 905. A

220

COMMERCE

commendam is the power of receiving and retaining a benefice contrary to positive low, by snpreme authority.

COMMENDAM. In ecclesiastical law. The appointment of a suitable clerk to hold a void or vacant benehce or church living until a regular pastor be appointed. Hob. 144; Latch, 236.

In commercial law. The limited purl- nership (or isaclrlle on commumlitc) of the French law has been introduiell into the Code of Louisiana under the title of "Part-

nership in Gommemlam." Civil Code In. art. 2810. COMMENDATIO.}} In the civil inw

Commendation, praise, or l'i-!('Ul.lli.UBnll:lLiu1.L as In the maxim “simplex ClJ1l.iil.l(-:IlLLil.iD nun obligat," meaning that mere l‘eL0l.|.ll.I.lel.ldilI;il)I‘ or praise of an articie by the seller of it does not amount to a Wari's.nLy of its qualifies. 2 Kent. Comm. 485.

GOMMENDATION. In feudal law. This was the act by which an owner of allodlai iand placed himself and his land under the protection of a lord, so as to constitute him- self his vassal or feudal tenant.

COMMENDATORS. Secular persons upon whom ecclesiastical benefices were hestowed in Scotland; calied so because the benefices were commended and iutrusted to their supervision

COMMENDATORY. He who holds a church living or preferment in commemwm.

COMMENDATORY LETTERS. In eeclesiastical law. Such as are written by one bishop to another on hehnif of any 01' the clergy, or others or his diocese traveling thither, that they may be received among the faithful, or that the clerk may be promoted, or necessaries administered to others, etc. Wharton.

COMMENDATUS. In teudai law. One who intrusts himself to the protection of another. Spelniun. A person who, by vol- untary homage, put himself under the protection of a superior lord. Cowell.

COMMERCE. Intercourse by way of trade and traific between different peoples or states and the citizens or inhabitants there- of, including not only the purchase, sale, and exchange of commodltl -.< but also the instrumentalities and agencies by which it is promoted and the means and applianca by which it is carried on, and the transportation of persons as well as of goods. both hy iand and by sea Brennan v. Tituskille, 153 U. S. 289. 14 Sup. Ct. 829, 38 L. Ed. 719: Railroad Co. v. Fuller, 17 “y'all. 508, 21 L. Ed 710; Winder v. Caldwell, 14 How. 44-l,

14 L. Ed. 48' ; Cooley v. Board of Wardens