In Roman iaw. A clause which might be Inserted iu an agreement for a sale upon credit, to the effect that the vendor should be freed from his obligation, and might rescind the sale, lf the vendee did not pay the purchase price at the appointed time. Also a similar agreement between a debtor and bis pledgee that, if the debtor did not pay at the day appointed, the pledge should become the absolute property of the creditor. This, however, was abol-lshed by a law of Constantine. Cod. 8, 35, 3. See Dig. 18, 3; Mackeld. Rom. Law, SS 447, 461; 2 Kent, Comm. 5S3
Source: Black's Law Dictionary 2nd Ed (1910)
The couipeusatlon or reward paid to a factor, broker, agent, bailee, executor, trustee, receiver, etc., when the same is calculated as a percentage on the amount of his transactions or the amount re-ceived or expended. See Commission
Source: Black's Law Dictionary 2nd Ed (1910)
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 tbe duties an<| exercise tbe autbori-ty of an office, (as in the case of an officer in the army or navy.) Bledsoe v. Colgan, 188 CaL 34, 70 Pac. 924; U. S. v. Planter, 27 Fed. Caa 544; Dew v. Judges, 8 Hen. & M. (Va.) 1, 8 Am. Dec. 639; Scofield ▼. Louns-bury, 8 Conn. 109
Source: Black's Law Dictionary 2nd Ed (1910)
In French law. A person who receives from a meetlug of shareholders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the opporin en nature, (q. v.) The name is also applied to a judge who receives from a court a special mission, e. g., to lnstltute an lnquiry, or to examine certain books, or to supervise the operations of a bankruptcy. Arg. Fr. Merc. Law, 551
Source: Black's Law Dictionary 2nd Ed (1910)
The whole body of officers who make up the commissaries' de-partment of an army
Source: Black's Law Dictionary 2nd Ed (1910)
In old practice. A clause sometimes added at the end of writs, admonishing the sheriff to be faithful in executing them. Bract fol. 398
Source: Black's Law Dictionary 2nd Ed (1910)
In old French law. Forfel-ture; the forfeiture of a fief; the penalty at-tached to the ingratitude of a vassal. Guyot, Inst Feod. c. 12
Source: Black's Law Dictionary 2nd Ed (1910)
In feudal law. one who intrusts hlmself to the protection of another. Spelman. A person who, by vol-untary homage, put hlmself under the pro-tection of a superior lord. Cowell
Source: Black's Law Dictionary 2nd Ed (1910)
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 ln-strumentallties and agencles hy whlch it is promoted and the means and appllances 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
Source: Black's Law Dictionary 2nd Ed (1910)
Secular persons up-on whom ecclesiastical benefices were bestowed in Scotland; called so because the benefices were commended and intrusted to their supervision
Source: Black's Law Dictionary 2nd Ed (1910)
He who holds a chnrch living or preferment in commendam
Source: Black's Law Dictionary 2nd Ed (1910)
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
Source: Black's Law Dictionary 2nd Ed (1910)
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
Source: Black's Law Dictionary 2nd Ed (1910)
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. Goldeuberg v. Murphy, 108 U. S. 162, 2 Sup. CL 388, 27 L. Ed. 686
Source: Black's Law Dictionary 2nd Ed (1910)
Special partners; partners en commandite. See Commandite
Source: Black's Law Dictionary 2nd Ed (1910)
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-itai stock, and thence are called "commandi-taires," 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 capltal fur-nished by them. Story, Partn. § 78; 3 Kent
Source: Black's Law Dictionary 2nd Ed (1910)
By article 2, $ 2, of the constitution it is declared that the president shall be commander in chief of the army and navy of the United States. The term Implies supreme control of military operations during the progress of a war, not only on the side of strategy and tactics, but also in reference to the political and inter-national aspects of the war. See Flemlng v. Page, 9 How. 603, 13 L. Ed. 276; Prize Cases, 2 Black, 635, 17 L. Ed. 459; Swaim v. U. S., 28 Ct. Cl. 178
Source: Black's Law Dictionary 2nd Ed (1910)
In old English law. A manor or chief messuage wlth lands and tenements thereto appertalnlng, which be-longed to the priory of St. John of Jerusalem, in England; he who had the government of such a manor or house was styled the “com
Source: Black's Law Dictionary 2nd Ed (1910)
Courtesy; complaisance; respect; a willingness to grant a privilege, not as a matter of right, but out of deference and good will
Source: Black's Law Dictionary 2nd Ed (1910)
In French law. A writ served hy the huissier pursuant to a judgment or to on executory notarial deed. Its object is to give notice to the debtor that lf he does not pay the sum to which he has been condemned by the judgment, or which he engaged to pay by the notarial deed, his property will be seized and sold. Arg. Fr. Merc. Law, 550
Source: Black's Law Dictionary 2nd Ed (1910)