KFLCC Kingdom Law 2nd Ed.

220

OOMMANDIT AIRES

COMMERCE

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 pri ory 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. COMMANDITE!. In French law. A spe cial 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 "commandir tatres," or "commenditaires," or "partners en commandite;" the business being carried on under the social name or firm of the gen eral partners only, composed of the names of the general or complementary partners, the partners in commandite being liable to losses only to the extent of the funds or capital fur nished by them. Story, Partn. § 78; 3 Kent, Coram. 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. COMMAECHIO. A boundary; the con fines of land. COMMENCE. To commence a suit is to demand something by the institution of pro cess in a court of justice. Cohens v. Vir ginia, 6 Wheat. 408, 5 L. Ed. 257. To "bring" a suit is an equivalent term; an action is "commenced" when it is "brought," and vice versa. Goldenberg v. Murphy, 108 U. S. 162, 2 Sup. Ct 388, 27 L. Ed. 686. COMMENDA. In French law. The de livery 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 R6p. 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 beneficinm contra jus positiv nm a lupiema potestate. Moore, 905. A COMMANDITAIRES. Special partners; partners en commandite. See COMMANDITE.

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 Socie'te en commandite') 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. In the civil law. Commendation, praise, or recommendation, as in the maxim "simplex commendatio non obligat," meaning that mere recommendation or praise of an article by the seller of it does not amount to a warranty of its qualities. 2 Kent Comm. 485. COMMENDATION. In feudal law. This was the act by which an owner of allodial land placed himself and his land under the protection of a lord, so as to constitute him self his vassal or feudal tenant COMMENDATORS. Secular persons up on whom ecclesiastical benefices were be 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 ec clesiastical 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 Wiharton. COMMENDATUS. In feudal law. 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. Intercourse by way of trade and traffic between different peoples or. states and the citizens or inhabitants there of, including not only the purchase, sale, and exchange of commodities, but also the in strumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transporta tion of persons as well as of goods, both by land and by sea. Brennan v. Titusville, 153 U. S. 289, 14 Sup. Ct 829, 38 L. Ed. 719; Railroad Co. v. Fuller, 17 Wall. 568, 21 L. Ed. 710; Winder v. Caldwell, 14 How. 444, 14 L. Ed. 487; Cooley v. Board of Wardens, COMMENDATIO.