Page:Black's Law Dictionary (Second Edition).djvu/230

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COMMERCIAL

12. (‘omnierciui piiper means negotiable paper given in due course of business, iihellier the elcment of negotinhility be given it by the law- merchant or by statute. A note given by a merchant for money loaned is within the meaning. In re Sykes, 5 Biss. 113. Fed. Cas. I\'o. l3.708.—C-nnmer inl traveler. Where an agent simply exh its samples of goods kept for sale by his principal, and takes orders from purchasers for such goods, which goods are nfteriiards to be delivered by the principal to the purchasers and payment for the goods is to be made by e purchasers to the principal on such delivery, such agent is generally called

1 "dnimmer" or "commercial! traveler." Kansas City v. Collins. 34 Kan. 434. 8 Pac. 86 '

Olney v. Todd. 47 Ill. App. 440: Fx parte Tay lot. .33 M . 481. 38 Am. Iicii G: State V.

. C. 511. 53 Am. Rep. 469.

COMMERCIUM. LAL In the civil law. Coruiucrce; business: trade; dealings in the nature of purchase and sale: a contract.

Cnmmercinm jnra genthun commune also debct, at nun in monopullum at pri- vntum paucoriim qnsestnm cunverteii- diun. 3 Inst. 181. Commerce, by the 1flW of nations, ought to be common, and not con- verted to monopoly and the private gain of

1 few.

COMMINALTY. The commonnlty or the people. COMMINATORIUM. In old practice.

A clause sometimes added at the end of writs, udmonishing the sherifi to be faithful in executing them. Bract. fol. 398.

COMMISI-J. In old French law. Forfeiture: the forfeiture of I1 fief; t.he peuiilty attached to the ingriititude of a vassai. Guyot, Inst. Food. (3. 12.

COMMISSAIRE. In French law. A person who receives from a meeting of share- hoiders a special authority, viz., that of checking and exainining the account-A of a manager or of valuing the apporls on noture. ((1. '0.) The name is niso applied to a judge who receives from a court a speciai mission, 6. g., to institute an inquiry, or to examine certain ‘books, or to supervise the operations of a. bankruptcy. Arg. Fr. Merc. Law, 551.

COMMISSAIRES - P R I S E U R S. In French law. Auctioneers, who possess the exclusive right of selling personal property at puhlic snie in the towns in which they are eshihlished; and they posses: the same right concurrently with notarles. grcfliors, and huissiers, in the rest of the arrondjssement. Arg. Fr. Merc. Law, 551.

COMMISSARIAT. The whole hotly of officers who make up the comruissaries' department of an army.

COMMISSARY. In ecclesiastical law. (me who is sent or delegated to execute some

222

COM MISSION

office or duty as the representative of his sn- pei-lor; an officer of the bishop, who exer- cises sp itual jurisdiction in distant purta of the diocese.

In military law. All officer iiliose pricnipal duties are to supply an army with pro- visions and stores.

COMMISSARY COURT. A Scotch ecclesiasllcnl court of general jurisdiction. held before tour commissioners, members of the 1“dL'l.llty of Advocates, appointed by the crown.

COMMISSION. A warrant or authority or ietters patent, issuing from the government, or one of its departments, or E Court. enipoivcring a person or persons named to do ccrtsin acts, or to exercise jurisdiction, or to perform the duties and exercise the authority of on office, (as in the case of an officer in the army or navy) Bledsoe v. Colgau. l3S Cal. 3-1, 70 Pac. 92-1; U. S. v. Planter, 27 Fed. Cos. 54-1: Dew v. Judges. 3 Hen. & M (Va) 1, 3 Am. Dec. 630; Scofield v. LDlJllS- bury, 8 Conn. 109.

Also, in private alfairs. it signifies the authoiity or instructions under which one per son transucts business or negotiates for an- other.

In a derivative sense, :1 body of persons to whom a commission is directed. A board or committee officlaily appointed and enipo'ivcred to perform certain acts or exertfise certain Jui-isdlction of a puhlic nature or relation; as a “commission of assise."

In the civil law. A species of hiiilment. being an undertaking, without reward, to do something in respect to an article bailed: equivalent to “mandate."

In commercial law. The recompense or reward of an agent, factor. broker, or bmlce, when the same is calculated as a per- centnge on the amount of his transactions or on the profit to the priucipai. But in this sense the word occurs more frequently in the plurai. Jackson v. Stanfield, 137 Ind. 592. 37 N. E. 14. 23 L. R. A. 588: Ralstuu v Kohi, 30 Ohio St. 98; Whitaker v. Guano 00., 123 N. C. 368. 31 S. . 629.

In criminal law. Doing or perpetratiou; the perforniance of an act. Groves v. Stake, 116 Ga. 516. 42 S. E. 755, 59 L. R. A. 598.

In practice. An authority or writ issu» lng from :1 court, in relation to a cause be fore it, directing and authorizing a person or persons named to do some act or exercise some special function; usually to take the depositions of witnesses.

A commission is a process issued under the seal of the court and the Sl,‘.,'l_2lIl[lll‘B of the clerk. directed to some person designated as commissioner, authorizing him to examine the witness upon oath on interrogatories nnnexed thereto, to take and certify the (lr-position of the wit-

ness, and to return it according to the directions