Blacks Law Dict. 1st ed

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COMMISSION OF LUNACY

COMMISSION

der the great seal to collect a tax or subsidy before the day. COMMISSION OF APPRAISEMENT AND SALE. Where property has been ar rested in an admiralty action in rem and or dered by the court to be sold, the order is car ried out by a commission of appraisement and sale; in some cases (as where the prop erty is to be released on bail and the value is disputed) a commission of appraisement only is required. Sweet. COMMISSION OF ARRAY. In En glish law. A commission issued to send in to every county officers to muster or set in military order the inhabitants. The intro duction of commissions of lieutenancy, which contained, in substance, the same powers as these commissions, superseded them. 2 Steph. Comm. (7th Ed.) 582. COMMISSION OF ASSISE. Those is sued to judges of the high court or court of appeal, authorizing them to sit at the as sises for the trial of civil actions. COMMISSION OF BANKRUPT. A commission or authority formerly granted by the lord chancellor to such persons as he should think proper, to examine the bank rupt in all matters relating to his trade and effects, and to perform various other impor tant duties connected with bankruptcy mat ters. But now, under St. 1 & 2 Wm. IV. c 56, § 12, a fiat issues instead of such com mission. COMMISSION OF CHARITABLE USES. This commission issues out of chan cery to the bishop and others, where lands given to charitable uses are misemployed, or there is any fraud or dispute concerning them, to inquire of and redress the same, etc. COMMISSION OF DELEGATES. "When any sentence was given in any eccle siastical cause by the archbishop, this com mission, under the great seal, was directed to certain persons, usually lords, bishops, and judges of the law, to sit and hear an appeal of the same to the king, in the court of chan cery. But latterly the judicial committee of the privy council has supplied the place of this commission. Brown. COMMISSION OF LUNACY. A writ issued out of chancery, or such court as may have jurisdiction of the case, directed to a proper officer, to inquire whether a person named therein is a lunatic or not. 1 Buuv. Inst. n. 382, et seq.

Also, in private affairs, it signifies the au thority or instructions under which one per son transacts business or negotiates for an other. In a derivative sense, a body of persons to whom a commission is directed. A board or committee officially appointed and empowered to perform certain acts or exercise certain jurisdiction of a public nature or relation; as a "commission of assise." In the civil law. A species of bailment, being an undertaking, without reward, to do •ometliing in respect to an article bailed; equivalent to "mandate." In commercial law. The recompense or reward of an agent, factor, broker, or bailee, when the same is calculated as a per centage on the amount of his transactions or on the profit to the principal. But in this sense the word occurs more frequently in the plural. In criminal law. Doing or perpetration; the performance of an act. In practice. An authority or writ issu ing from a court, in relation to a cause be fore it, directing and authorizing a person or persons named to do some act or exercise some •pecial function; usually to take the deposi tions of witnesses. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, au thorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it ac oording to the directions given with the commis sion. Fen. Code CaL $ 1851. COMMISSION DAY. In English prac tice. The opening day of the assises. COMMISSION DEL CREDERE, in commercial law, is where an agent of a seller undertakes to guaranty to his principal the payment of the debt due by the buyer. The phrase "del credere" is borrowed from the Italian language, in which its signification is equivalent to our word "guaranty" or "war ranty." Story, Ag. 28. COMMISSION MERCHANT. A term which is synonymous with "factor." It means one who receives goods, chattels, or merchandise for sale, exchange, or other dis position, and who is to receive a compensation for his services, to be paid by the owner, or derived from the sale, etc., of the goods. 50 Ala. 154. COMMISSION OF ANTICIPA TION. In English law. An authority un

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