Page:Black's Law Dictionary (Second Edition).djvu/232

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COMMISSIONER

execute a commission of bankruptcy, ( . 17.)-

Commis ners of circrnit courts. cers appointed y and attached to the circuit courm

of the United States. performing functions part- ly ministerial and partly judicial. To a certain extent they represent the judge in his ab- sense. In the examination of persons arrested for violations of the laws of the United States they have the powers of committing magistrates. They also take heii, recognizances, oiiidiivits, cm, and hear preiiminriry proceedings for foreim extradition. In re Com'rs of Circuit Court ((‘. C.) G-I Fed 3l7.—Chnu:niasinne1's of deeds. Officeis empowered by the government of one state to reside in another state, and there take acknowledgments of deeds and other papers which are to be used as evidence or put on record in the former state.—Cummissinnera of highways. Oificers a pointed in each county or township, in many o the states, with power to take charge of the aitering, opening, repair, and vacating of highways within such county or township.—CnmmiIaionerI of Iew- ers. in Enghsh law. Commissioners appointed under the great seal, and constituting a court of special jurisdiction; which is to overlook the repairs of the banks and waiis of the sea- coast and navigable rivers, or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith. St. 3 & 4 Wm. IV. c. 22, § 10; 3 Staph. Comm. 442.—Connty commissioners. See COUNTY.

COMMISSIONS. The compensation or reward paid to a factor, broker, agent. bailee, executor, trustee, receiver, etc., when the same is caicuiated as a percentage on the amount of his transactions or the amount received or expended See COMMISSION.

COMMZISSIVE. Caused by or consisting in acts of commission, as distinguished from neglect, sutterance, or ioieration: as in the phrase "commissive waste," which is contrusted with “permissive waste." See Was-m.

COMMISSORIA L]-IX. In Roman law. A clause which might be inserted in an agreement for a sale upon credit. to the effect that the vendor should be freed from his obligation, and might rescind the sale, if the vcndee did not pay the purchase price at the appointed time. Also 1 similar agreement between a debtor and his piedgee that, if the debtor did not pay at the day appointed, the pledge should become the absolute property of the creditor. This, however, was abolished by a law of Constantine. God. 8. 35, 3. See Dig. 18, 3; Macireld. Rom. Law, 5 447. 461; 2 Kent, Comm. 583.

COMMIT. In practice. To send 1 person to prison by virtue of a lawful authority, for any crime or contempt, or to an asy- ium, workliouse. reforinzitory, or the like, by aiithoriry of a court or magistrate. People v. Beach, 122 Cal. 37, 54 Pac. .309: Cnniiniiigton v. Warehani, 9 Cush. (1\I‘iSE.) 585; French v. Bancroft, 1 Metc (Mass) 502; People v. Warden, 73 App. Div. 174, 76 N. Y. Supp. 728.

To deliver 1 defendant to the custody of the sheriff or marshal, on his surrender by his ball. 1 Tidd. Pl‘. 285, 287.

224

COMMITTITUR

COMMITMENT. In practice. The war- ‘rant or miuimua by which a court or magistrate directs an officer to take 1 person to prison.

The act of sending a person to prison by means of such xi warrant or order People v. Rutan, 3 Mich. 49; Guthinann v. People. 203 Ill. 260, 07 N. E. 821: Ailen v. Hagan, 170 N. Y. 40, 62 N. E. 1U8(i.

COMMITTEE. In practice. An assembly or board of perons to whom the consideration or manageineiit of any matter is com- mitted or referred by some court. Lloyd 1!. Hart, 2 Pa. 473, 45 Am. Dec. 612; Farrar v. Eastman. 5 Me. 345.

An individual or body to whom others have delegated or committed a particular duty, or who have taken on theniseives to perform it in the expectation of their act tulng confirmed by the body they profess to l‘C'p|'|}- sent or act for. 15 Mees. & W. 529.

The term is especially applied to the person or persons who are invested, by order of the proper court, with the guardianship of the person and estate or one who has been adjudged a lunatic.

In parliamentary law. A portion of a

legislative body, comprising one or more members, who are charged with the duty of examining some matter specially referred to them by the house, or of deliberating upon it, and reporting to the house the result of their investigations or recommending a course of action. A committee may be appointed for one special occasion, or it may be appointed to deal with all matters -which may be referred to it during a whole session or during the life of the body. In the latter case, it is called a "standing committee.” it is usu- ally composed of a comparatively small number or members, but may include the whole house. —-Tnlnt committee. A joint committee of I iegisintire bodv comprising two chambers is I committee consisting of representatives of each of the two houses. meeting and acting together as one comn:iittce.—Secret committee. A sccret committee of the house of commons is I committee specially appointed to investigate ii certain matter, and to which secrecy being deemed necessary in furtherance of its objects. its proceedinss are conducted with closed doors. to the exclusion of aii persons not members of the committee. Ali other committees are open to members of the house, aithough they may ant be serving upon them. Brown.

COMMITTING MAGISTRATE. IWAGISTBATE.

See

COMJVIITTITUR. in practice. An or-

der or minute, setting forth that the person named in it is committed to the custody of the sheriff. —Committitnr piece. An instr_ument in writing on paper or parchment, which charges I person, already in prison, in execution at the suit of the person who arrested him. 2 Chit.

Ai-chb. Pr. (12th Ed.) 1208.