Blacks Law Dict. 1st ed

224

COMMANDITE

COMITES

way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided. Story, Confl. Laws, § 38. The comity of nations (comitas gentium) is that body of rules which states observe to wards one another from courtesy or mutual convenience, although they do not form part of international law. Holtz. Enc. *. «. COMMAND. An order, imperative di rection, or behest. COMMANDEMENT. In French law. A writ served by the huissier pursuant to a judgment or to an executory notarial deed. Its object is to give notice to the debtor that if he does not pay the sum to which he has been condemned by the judgment, or which he engaged to pay by the notarial deed, his property will be seized and sold. Arg. Fr. Merc. Law, 550. COMMANDER IN CHIEF. Byarticle 2, § 2, of the constitution it is declared 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 during the progress of a war, not only on the side of strategy and tactics, but also in reference to the political and international aspects of the war. COMMANDERY. In old English law. A manor or chief messuage with lands and tenements thereto appertaining, which be longed to the priory of St. John of Jerusalem, in England; he who bad the government of such a manor or house was styled the "com mander, " who could not dispose of it, but to the use of the priory, only taking thence his own sustenance, according to his degree. The manors and lands belonging to the priory of St. John of Jerusalem were given to Henry the Eighth by 32 Hen. VIII. c. 20, about the time of the dissolution of abbeys and monasteries; so that the name only of commanderies remains, the power being long since extinct. Wharton. COMMANDITAIRES. Special partners; partners en commandiU. See COMMANDITB. COMMANDITE. In French law. A special or limited partnership, where the con tract 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 stock, and thence are called "commando taires," or "commendataires," or "partners m commandiU /" the business being carried

Also, the retinue or train of a prince or high governmental official. COMITES. Counts or earls. Attend ants or followers. Persons composing the retinue of a high functionary. Persons who are attached to the suite of a public min ister. COMITES PALEYS. Counts or earls palatine; those who had the government of a county palatine* COMITIA. In Eoman law. An assem bly, either (1) of the Koraan curiae, in which case it was called the "comitia curiata vel ealata;** or (2) of the Eoman centuries, in which case it was called the "comitia centu- -iata;" or (3) of the Roman tribes, in which case it was called the "comitia tributa." Only patricians were members of the first comitia, and only plebians of the last; but the comitia centuriata comprised the entire populace, patricians and plebians both, and was the great legislative assembly passing the leges, properly so called, as the senate passed the senatus consulta, and the comitia tributa passed the plebiscita. Under the Lex Hortensia, 287 B. C, the plebiscitum ac quired the force of a lex. Brown. COMITISSA. In old English law. A countess; an earl's wife. COMITIVA. In old English law. The dignity and office of a comes, (count or earl;) the same with what was afterwards called "comitatus." Also a companion or fellow-traveler; a troop or company of robbers. Jacob. COMITY. Courtesy; complaisance; re spect; a willingness to grant a privilege, not as a matter of right, but out of deference and good wilL See next title. COMITY OF NATIONS. The most appropriate phrase to express the true foun dation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter; and it is inad missible when it is contrary to its known policy, or prejudicial to its interests. In the Silence of any positive rule affirming or de nying or restraining the operation of foreign Jaws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy, or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which ut administered and ascertained in the same

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