KFLCC Kingdom Law 2nd Ed.

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COMMISSION

COMMERCIAL

office or duty as the representative of his su perior; an officer of the bishop, who exer cises spiritual jurisdiction in distant parte of the diocese. In military law. An officer whose prin cipal duties are to supply an army with pro visions and stores. A Scotch ec clesiastical court of general jurisdiction, held before four commissioners, members of the Faculty of Advocates, appointed by the crown. COMMISSION. A warrant or authority or letters patent, issuing from the govern ment or one of its departments, or a court empowering a person or persons named to do certain acts, or to exercise jurisdiction, or to perform the duties and exercise the authori ty of an office, (as in the case of an officer in the army or navy.) Bledsoe v. Colgan, 138 Cal. 34, 70 Pac. 924; U. S. v. Planter, 27 Fed. Cas, 544; Dew v. Judges, 3 Hen. & M. (Va.) 1, 3 Am. Dec. 639; Scofield v. Louns bury, 8 Conn. 109. 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 empower ed to perform certain acts or exercise cer tain jurisdiction of a public nature or rela tion; as a "commission of assise." In the civil law. A species of bailment being an undertaking, without reward, to do something 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. Jackson v. Stanfield, 137 Ind. 592, 37 N. E. 14, 23 L R. A. 588; Ralston v. Kohl, 30 Ohio St. 98; Whitaker v. Guano Co., 123 N. C. 368, 31 S. E. 629. In criminal law. Doing or perpetration; the performance of an act. Groves v. State, 116 Ga. 516, 42 S. E. 755, 59 L. R. A. 598. 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 special function; usually to take the depositions 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 commis sioner, authorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the wit ness, and to return it according to the directions COMMISSARY COURT.

12. Commercial paper means negotiable paper given in due course of business, whether the element of negotiability be given it by the law merchant or by statute. A note given by a merchant for money loaned is within the mean ing. In re Sykes, 5 Biss. 113, Fed. Cas. No. 13,708.— Commercial traveler. Where an agent simply exhibits samples of goods kept for sale by his .principal, and takes orders from purchasers for such goods, which goods are afterwards to be delivered by the principal to the purchasers, and payment for the goods is to be made by the purchasers to the principal on such delivery, such agent is generally called a "drummer" or "commercial traveler." Kan sas City v. Collins, 34 Kan. 434, 8 Pac. 865; Olney v. Todd, 47 111. App. 440; Ex parte Tay lor, 58 Miss. 481, 38 Am. Rep. 336; State v. Miller, 93 N. O. 511, 53 Am. Rep. 469. COMMERCIUM. Lat In the civil law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract. Commercium jure gentium commune esse debet, et non in monopolium et pri vatum paucornm qusestum converten dnm. 3 Inst. 181. Commerce, by the law of nations, ought to be common, and not con verted to monopoly and the private gain of a few. COMMINALTY. The commonalty or the people. COMMINATORIUM. In old practice. A clause sometimes added at the end of writs, admonishing the sheriff to be faithful in executing them. Bract fol. 398. COMMISE. In old French law. Forfei ture; the forfeiture of a fief; the penalty at tached to the ingratitude of a vassal. Guyot, Inst Feod. c 12. COMMISSAIRE. In French law. A person who receives from a meeting of share holders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the apports en nat ure, (g. v.) The name is also applied to a judge who receives from a court a special mission, e. g., to institute an inquiry, or to examine certain books, or to supervise the operations of a bankruptcy. Arg. Fr. Merc Law, 551. COMMISSAIRES -PRISEURS. In French law. Auctioneers, who possess the exclusive' right of selling personal property at public sale in the towns in which they are established; and they possess the same right concurrently with notaries, greffiers, and huissiers, in the rest of the arrondissement Arg. Fr. Merc. Law, 551. COMMISSARIAT. The whole body of officers who make up the commissaries' de partment of an army. COMMISSARY. In ecclesiastical law. One who is sent or delegated to execute some