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Commission
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Commission1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Reward
An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed, is to be paid; or it is the recompense actually paid.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Criminal
Relating to, or having the character of crime
Offence
Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty.
Office
An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it
Matter
Some substantial or essential thing, opposed to form; facts.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Court
A body in government to which the administration of justice is delegated.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Tribunal
An assembly (including one or more judges) to conduct judicial business.
Person
This word is applied to men, women and children, who are called natural persons.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Duties
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs or imposts.
SIMILAR TERMS--------------------------------------
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
Commandos (prison)
In the US penitentiary slang, prisoners who go to another prisoners bunk or cell, after lights out, for sexual reasons.
Commencement of a suit or action
The suit is considered as commenced from the issuing of the writ;
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commercial litigation
Litigation provoked by a commercial dispute.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commissary (prison)
In the US penitentiary jargon, the jail store for inmates, which provides food and hygiene items, correspondence material, tennis shoes, reading glasses, phone cards and over-the-counter medication.ÿ
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
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.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
Commissioner of patents
The name of an officer of the United States whose duties are detailed in the act to promote the useful arts which will be found under the article Patent.
Commissioners of bail
Practice. Officers appointed by some courts to take recognizances of bail in civil cases.
Commissioners of sewers
English law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches
Commit
To send a person to prison, asylum, or reformatory by a court order.
Committee
1) Legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report to those who delegated this authority to them. 2) When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate; this guardian is called the committee.
Committitur piece
English law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of, the person who arrested him.
Commixtion
Civil law. This term is used to signify the act by which goods are mixed together.
Commodate
Contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use.
Commodatum
A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use.
Commodity
Convenience, privilege, profit, gain; popularity, goods, wares, merchandise.
Commodum
Latin. Convenience, benefit, advantage.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Common appendant
English law. A right attached to arable land, and is an incident of tenure, and supposed to have originated by grant of the lord or owner of a manor or waste, in consideration of certain rents or services, or other value, to a freeholder or copyholder of plough land, and at the same time either expressly or by implication, and as of common right and necessity common appendant over his other wastes and commons.
Common appurtenant
English law. A right granted by deed, by the owner of waste or other land, to another person, owner of other land, to have his cattle, or a particular description of cattle
Common assurances
Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or instruments operate either as conveyances or as charges.
Common bail
The formal entry of fictitious sureties in the proper office of the court, which is called filing common bail to the action.
Common bar
Pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been Committed.
Common bench
Bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.
Common carriage
Carriage performed by a "common carrier", who undertakes to transport the public's goods from and to places advertised and at times advertised, usually on regular, "liner" (infra) routes and under "liner" bills of lading, in consideration of the payment of freight (infra) by the shipper (infra). Common carriage is the opposite of private carriage.
Common council
In many cities the charter provides for their government, in imitation of the national and state governments.
Common counts
Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by the accidental variance of the evidence.
Common fishery
A fishery to which all persons have a right, such as the cod fisheries off Newfoundland.
Common highway
By this term is meant a road to be used by the community at large for any purpose of transit or traffic.
Common home state exception
If the perpetrator of the delict and the victim have a domicile or residence in the same country, the law of that country applies. "In any case where the person who committed the injurious act and the victim have their domiciles or residences in the same country, the law of that country applies."
Common informer
One who, without being specially required by law, or by virtue of his office, gives information of crimes, offences or misdemeanors, which have been committed, in order to prosecute the offenders; a prosecutor.
Common intent
Construction. The natural sense given to words.
Common law
That which derives its force and authority from the universal consent and immemorial practice of the people.
Common law marriage
A marriage under common law (see).
Common nuisance
One which affects the public in general, and not merely some particular person.
Common pleas
1) The name of a court having jurisdiction generally of civil actions. 2) By common pleas, is also understood, such pleas or actions as are brought by private persons against private persons; or by the government, when the cause of action is of a civil nature.
Common recovery
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit. A common recovery is a kind of conveyance.
Common scold
Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous, disorderly and quarrelsome tongue, is a public nuisance to the neighborhood.
Common seal
A seal used by a corporation.
Common sense
Medical jurisprudence. When a person possesses those perceptions, associations and judgments, in relation to persons and things, which agree with those of the generality of mankind, he is said to possess common sense.
Common share
The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares (eg. first to receive any dividends).
Common traverse
This kind of traverse differs from those called technical traverses principally in this, that it is preceded by no inducement general or special; it is taken without an absque hoc, or any similar words, and is simply a direct denial of the adverse allegations, in common language, and always concludes to the country.
Common venture
A basic theme in maritime law, reflecting the understanding of maritime commerce as a joint undertaking on the part of shippers (infra), carriers (supra) and consignees (infra); shipowners and charterers; and their respective insurers, who (directly or indirectly) confront the perils of the sea together, and who should therefore share both the profits and the risks attendant upon their combined operation.
Common vouchee
In common recoveries, the person who vouched to warranty. In this fictitious proceeding, the crier of the court usually performs the office of a common vouchee.
Common, tenants in
Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity of possession.
Commonalty
English law. 1) The common people of England, as contradistinguished from the king and the nobles; 2) The body of a society as the masters, wardens, and commonalty of such a society.
Commoner
One who is entitled with others to the use of a common.
Commons
English law. Those subjects of the English nation who are not noblemen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Commorancy
Persons. An abiding dwelling, or continuing as an inhabitant in any place. It consists, properly, in sleeping usually in one place.
Commorant
One residing or inhabiting a particular place.
Commorientes
This Latin word signifies those wbo die at the same time, as, for example, by shipwreck.
Communication
Contracts. Information; consultation; conference.
Communings
Scotch law. This term is used to express the negotiations which have taken place before making a contract, in relation thereto.
Communio bonorum
Civil law. Common goods.
Community property
All income or property that was acquired during the marriage, with exception to gifts or inheritances.
Community residential programs
In the United States, programs for prison inmates to do community service.
Commutation
Punishments. The change of a punishment to which a person has been condemned into a less severe one.
Commutations and pardons
In the United States, under the authority of each state's constitution, the governor has the power to grant executive clemency through pardons and commutations.
Commutative contract
Civil law. One in which each of the contracting parties gives and, receives an equivalent.
Commutative justice
That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which governs contracts.
PREVIOUS AND NEXT TERMS--------------------------------------
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commission
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
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.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
Reward
An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed, is to be paid; or it is the recompense actually paid.
Term
1) Construction. Word; expression speech. 2) Contracts. This word is used in the civil, law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement; as, where one undertakes to pay a certain sum on a certain day and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 3) Estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not merely signify the time specified in the lease, but the estate also and interest that passes by that lease; and therefore the term may expire during the continuance of the time, as by surrender, forfeiture and the like. 4) Practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court.
Mandate
1) Mandatum or commission, contracts. Sir William Jones defines a mandate to be a bailment of goods without reward, to be carried from place to place, or to have some act performed about them. This seems more properly an enumeration of the various sorts of mandates than a definition of the contract. According to Mr. Justice Story, it is a bailment of personal property, in regard to which the bailee engages to do some act without reward. 2) Practice. A judicial command or precept issued by a court or magi- trate, directing the proper officer to enforce a judgment, sentence or decree.
Criminal
Relating to, or having the character of crime
Offence
Crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. In a more confined sense, it may be considered as having the same meaning with misdemeanor, but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty.
Office
An office is a right to exercise a public function or employment, and to take the fees and emoluments belonging to it
Matter
Some substantial or essential thing, opposed to form; facts.
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Instrument
Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon.
Court
A body in government to which the administration of justice is delegated.
Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.
Tribunal
An assembly (including one or more judges) to conduct judicial business.
Person
This word is applied to men, women and children, who are called natural persons.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Commission
1) Contracts, civil law. When one undertakes, without reward, to do something for another in respect to a thing bailed. This term is frequently used synonymously with mandate. 2) Criminal law. The act of perpetrating an offence. 3) Office. Persons authorized to act in a certain matter. 4) practice. An instrument issued by a court of, justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court, or tribunal, is called a commission. 5) Government. Letters-patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office.
Government
"natural and political law. The manner in which sovereignty is exercised in each state. There are three simple forms of government, the democratic, the aristocratic, and monarchical. But these three simple forms may be varied to infinity by the mixture and divisions of their different powers. Sometimes by the word government is understood the body of men, or the individual in the state, to whom is entrusted the executive power. It is taken in this sense when the government is spoken of in opposition to other bodies in the state.
Public
By the term the public, is meant the whole body politic, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Duties
In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs or imposts.
SIMILAR TERMS--------------------------------------
Command
1) It signifies an order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace. 2) He who commands another to do an unlawful act, is accessary to it. 3) Command is also equivalent to deputation or voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly.
Commandos (prison)
In the US penitentiary slang, prisoners who go to another prisoners bunk or cell, after lights out, for sexual reasons.
Commencement of a suit or action
The suit is considered as commenced from the issuing of the writ;
Commendatary
A person who holds a church living or presentment in commendam.
Commendation
The act of recommending, praising. A merchant who merely commends goods he offers for sale, does not by that act warrant them, unless there is some fraud: simplex commendatio non obligat.
Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commercial litigation
Litigation provoked by a commercial dispute.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commissary (prison)
In the US penitentiary jargon, the jail store for inmates, which provides food and hygiene items, correspondence material, tennis shoes, reading glasses, phone cards and over-the-counter medication.ÿ
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
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.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
Commissioner of patents
The name of an officer of the United States whose duties are detailed in the act to promote the useful arts which will be found under the article Patent.
Commissioners of bail
Practice. Officers appointed by some courts to take recognizances of bail in civil cases.
Commissioners of sewers
English law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches
Commit
To send a person to prison, asylum, or reformatory by a court order.
Committee
1) Legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report to those who delegated this authority to them. 2) When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate; this guardian is called the committee.
Committitur piece
English law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of, the person who arrested him.
Commixtion
Civil law. This term is used to signify the act by which goods are mixed together.
Commodate
Contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use.
Commodatum
A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use.
Commodity
Convenience, privilege, profit, gain; popularity, goods, wares, merchandise.
Commodum
Latin. Convenience, benefit, advantage.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Common appendant
English law. A right attached to arable land, and is an incident of tenure, and supposed to have originated by grant of the lord or owner of a manor or waste, in consideration of certain rents or services, or other value, to a freeholder or copyholder of plough land, and at the same time either expressly or by implication, and as of common right and necessity common appendant over his other wastes and commons.
Common appurtenant
English law. A right granted by deed, by the owner of waste or other land, to another person, owner of other land, to have his cattle, or a particular description of cattle
Common assurances
Title by deeds are so called, because, it is said, every man ' s estate is assured to him; these deed's or instruments operate either as conveyances or as charges.
Common bail
The formal entry of fictitious sureties in the proper office of the court, which is called filing common bail to the action.
Common bar
Pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been Committed.
Common bench
Bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.
Common carriage
Carriage performed by a "common carrier", who undertakes to transport the public's goods from and to places advertised and at times advertised, usually on regular, "liner" (infra) routes and under "liner" bills of lading, in consideration of the payment of freight (infra) by the shipper (infra). Common carriage is the opposite of private carriage.
Common council
In many cities the charter provides for their government, in imitation of the national and state governments.
Common counts
Certain general counts, not founded on any special contract, which are introduced in a declaration, for the purpose of preventing a defeat of a just right by the accidental variance of the evidence.
Common fishery
A fishery to which all persons have a right, such as the cod fisheries off Newfoundland.
Common highway
By this term is meant a road to be used by the community at large for any purpose of transit or traffic.
Common home state exception
If the perpetrator of the delict and the victim have a domicile or residence in the same country, the law of that country applies. "In any case where the person who committed the injurious act and the victim have their domiciles or residences in the same country, the law of that country applies."
Common informer
One who, without being specially required by law, or by virtue of his office, gives information of crimes, offences or misdemeanors, which have been committed, in order to prosecute the offenders; a prosecutor.
Common intent
Construction. The natural sense given to words.
Common law
That which derives its force and authority from the universal consent and immemorial practice of the people.
Common law marriage
A marriage under common law (see).
Common nuisance
One which affects the public in general, and not merely some particular person.
Common pleas
1) The name of a court having jurisdiction generally of civil actions. 2) By common pleas, is also understood, such pleas or actions as are brought by private persons against private persons; or by the government, when the cause of action is of a civil nature.
Common recovery
A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit. A common recovery is a kind of conveyance.
Common scold
Crim. law, communes rixatrix. A woman, who, in consequence of her boisterous, disorderly and quarrelsome tongue, is a public nuisance to the neighborhood.
Common seal
A seal used by a corporation.
Common sense
Medical jurisprudence. When a person possesses those perceptions, associations and judgments, in relation to persons and things, which agree with those of the generality of mankind, he is said to possess common sense.
Common share
The basic share in a company. Typically, common shares have voting rights and a pro rata right to any dividends declared. They differ from preferred shares which, by definition, carry some kind of right or privilege above the common shares (eg. first to receive any dividends).
Common traverse
This kind of traverse differs from those called technical traverses principally in this, that it is preceded by no inducement general or special; it is taken without an absque hoc, or any similar words, and is simply a direct denial of the adverse allegations, in common language, and always concludes to the country.
Common venture
A basic theme in maritime law, reflecting the understanding of maritime commerce as a joint undertaking on the part of shippers (infra), carriers (supra) and consignees (infra); shipowners and charterers; and their respective insurers, who (directly or indirectly) confront the perils of the sea together, and who should therefore share both the profits and the risks attendant upon their combined operation.
Common vouchee
In common recoveries, the person who vouched to warranty. In this fictitious proceeding, the crier of the court usually performs the office of a common vouchee.
Common, tenants in
Tenants in common are such as hold an estate, real or personal, by several distinct titles, but by a unity of possession.
Commonalty
English law. 1) The common people of England, as contradistinguished from the king and the nobles; 2) The body of a society as the masters, wardens, and commonalty of such a society.
Commoner
One who is entitled with others to the use of a common.
Commons
English law. Those subjects of the English nation who are not noblemen.
Commonwealth
Government. A commonwealth is properly a free state, or republic, having a popular or representative government.
Commorancy
Persons. An abiding dwelling, or continuing as an inhabitant in any place. It consists, properly, in sleeping usually in one place.
Commorant
One residing or inhabiting a particular place.
Commorientes
This Latin word signifies those wbo die at the same time, as, for example, by shipwreck.
Communication
Contracts. Information; consultation; conference.
Communings
Scotch law. This term is used to express the negotiations which have taken place before making a contract, in relation thereto.
Communio bonorum
Civil law. Common goods.
Community property
All income or property that was acquired during the marriage, with exception to gifts or inheritances.
Community residential programs
In the United States, programs for prison inmates to do community service.
Commutation
Punishments. The change of a punishment to which a person has been condemned into a less severe one.
Commutations and pardons
In the United States, under the authority of each state's constitution, the governor has the power to grant executive clemency through pardons and commutations.
Commutative contract
Civil law. One in which each of the contracting parties gives and, receives an equivalent.
Commutative justice
That virtue whose object is, to render to every one what belongs to him, as nearly as may be, or that which governs contracts.
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Commendators
Ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed, because they were commended and instructed to their oversight: they are merely trustees.
Commerce
Latin commercium. In its simplest signification, an exchange of goods; but in the advancement of society, labor, transportation, itelligence, care and various mediums of exchange, become commodities and enter into commerce. Gibbens v. Ogden, 9 Wheat. 1, 229 (1824), Marshall, Chief Justice. The interchange or mutual change of goods, productions, or property of any kind, between nations or individuals.
Commercial bribery
Giving and accepting payments to favor or not favor a commercial transaction or relationship.
Commissariate
The whole body of officers who act in the department of the commissary, are called the, commissariate.
Commissary
An officer whose principal duties are to supply the army witli provisions.
Commission
Commission merchant
One employed to sell goods for another on commission; a factor. He is sometimes called. a consignee, and the goods he receives are a consignment.
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.
Commission of reb ellion
Chan. prac. The name of a writ issuing out of chancery, generally directed to four special commissioners, named by the plaintiff, commanding them to attach the defendant wheresoever he may be found within the state, as a rebel and contemner of the law
Commission of rebellion
A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear.
Commissioner
Officer. One who has a lawful commission to execute a public office.
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