Blacks Law Dict. 1st ed

COMMANDMENT

225

COMMERCE.

on under the social name or firm of th6 gen eral partners only, composed of the names of the general or complementary partners, the partners in eommanditi being liable to losses only to the extent of the funds or capital fur nished by them. Story, Paitn. § 78; 3 Kent, Comm. 34. COMMANDMENT. In practice. An authoritative order of a judge or magisterial 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 accessary before the fact, in in citing, procuring, setting on, or stirring up another to do the fact or act. 2 Inst. 182. COMMARCHIO. A boundary; the con tines of land. COMMENDA. In French law. The delivery of a benefice to one who cannot hold the legal title, to keep and manage it for a time limited and render an account of the proceeds. Guyot, Rep. Univ. In mercantile law. An association in which the management of the property was intrusted to individuals. Troub. Lim. Partn. c. 3, § 27. Commenda est facultas recipiendi et retinendi beneficium contra jus positiv um a supreme potestate. Moore, 905. A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority. COMMENDAM. In ecclesiastical law. The appointment of a suitable clerk to hold a void or vacant benefice or church living until a regular pastor be appointed. Hob. 144; Latch, 236. In commercial law. The limited part nership (or SocUtt en commanditC) of the French law has been introduced into the Code of Louisiana under the title of "Part nership in Commendam." Civil Code La. art. 2810. COMMENDATIO. In the civil law. Commendation, praise, or recommendation. COMMENDATION. Infeudallaw. This was the act by which an owner of al lodial land placed himself and his land under the protection of a lord, so as to constitute himself his vassal or feudal tenant. COMMENDATORS. Secular persons upon whom ecclesiastical benefices were be AM.DIGT.ULW—15

stowed in Scotland; called so because the benefices were commended and intrusted to their supervision. COMMENDATORY. He who holds a church living or preferment in commendam. COMMENDATORY LETTERS. In ecclesiastical law. Such as are written by one bishop to another on behalf of any of the clergy, or others of 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. Infeudallaw. One who intrusts himself to the protection of another. Spelman. A person who, by vol untary homage, put himself under the pro tection of a superior lord. Cowell. COMMERCE. The various agreements which, have for their object facilitating the exchange of the products of the eaith or the industry of man, with an intent to realize a profit. Pard. Droit Com. n. 1. A general term including the specific contracts of sale and exchange. The intercourse of nations in each other's produce and manufactures, in which the superfluities of one are given for those of another, and then re-exchanged with other nations for mutual wants. Wharton. Commerce is the interchange or mutual change of goods, productions, or property of any kind be tween nations or individuals. Transportation is the means by which commerce is carried on. 45 Iowa, 338. Commerce is a term of the largest import. It comprehends intercourse for the purposes of trade in any and all its forms, including the transporta tion, purchase, sale, and exchange of commodities between the citizens of our country and the citi zens or subjects of other countries, and between the citizens of different states. The power to reg ulate it embraces all the instruments by which such commerce may be conducted. 91 U. S. 275. Commerce is not limited to an exchange of com modities only, but includes, as well, intercourse with foreign nations and between the states; and includes the transportation of passengers. 3 Cow. 713; 34Cal 492. The words "commerce" and "trade" are synonymous, but not identical. They are often used interchangeably; but, strictly speaking, commerce relates to intercourse or dealings with foreign nations, states, or po litical communities, while trade denotes bus iness intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles betweeo members of the same community. See 4 Denio, 353; Jacob; Whaiton.

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