COHABITATION. Living together.
2. The law presumes that husband and wife cohabit, even after a voluntary
separation has taken place between them; but where there has been a divorce a
mensa et thoro, or a sentence of separation, the presumption then arises that
they have obeyed the sentence or decree, and do not live together.
3. A criminal cohabitation will not be presumed by the proof of a single act
of criminal intercourse between a man and woman not married. 10 Mass. R.
4. When a woman is proved to cohabit with a man and to assume his name with
his consent, he will generally be responsible for her debts as if she had been
his wife; 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive evidence of
marriage; B. N. P. 114; but this liability will continue only while they live
together, unless she is actually his were. 4 Campb. R. 215.
5. In civil actions for criminal conversation with the plaintiff's wife,
after the husband and wife have separated, the plaintiff will not in general be
entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake's Cas. 7, 39; sed
vide 6 East, 248; 4 Esp. 39.
CO-HEIR. One of several men among whom an inheritance is to be
CO-HEIRESS. A woman who inherits an estate in common with other women.
A joint heiress.
COIF. A head-dress. In England there are certain serjeants at law, who
are called serjeants of the coif, from the lawn coif they wear on their heads
under their thin caps when they are admitted to that order.
COIN, commerce, contracts. A piece of gold, silver or other metal
stamped by authority of the government, in order to determine its value,
commonly called money. Co. Litt. 207; Rutherf. Inst. 123. For the different
kinds of coins of the United States, see article Money. As to the value of
foreign coins, see article Foreign Coins.
COLLATERAL, collateralis. From latus, a side; that which is sideways,
and not direct.
COLLATERAL ASSURANCE, contracts. That which is made over and above the
COLLATERAL FACTS evidence. Facts unconnected with the issue or matter
2. As no fair and reasonable inference can be drawn from such facts, they are
inadmissible in evidence, for at best they are useless, and may be mischievous,
because they tend to distract the attention of the jury, and to mislead them.
Stark. Ev. h. t.; 2 Bl. Rep. 1169; 1 Stark Ev. 40; 3 Bouv. Inst. n. 3087.
3. It is frequently difficult to ascertain a priori, whether a particular
fact offered in evidence, will, or will not clearly appear to be material in the
progress of the cause, and in such cases it is usual in practice for the court
to give credit to the assertion of the counsel who tenders such evidence, that
the facts will turn out to be material; but this is always within the sound
discretion of the court. It is the duty of the counsel, however, to offer
evidence, if possible, in such order that each part of it will appear to be
pertinent and proper at the time it is offered; and it is expedient to do so, as
this method tends to the success of a good cause.
4. When a witness is cross-examined as to collateral facts, the party
cross-examining will be bound by the answer, and he cannot, in general,
contradict him by another witness. Rosc. Ev. l39.
COLLATERAL ISSUE, practice, pleading. Where a criminal convict pleads
any matter, allowed by law, in bar of execution; as pregnancy, a pardon, and the
COLLATERAL KINSMEN, descent, distribution. Those who descend from one
and the same common ancestor, but not from one another; thus brothers and
sisters are collateral to each other; the uncle and the nephew are collateral
kinmen, and cousins are the same. The term collateral is used in opposition to
the phrase lineal kinsmen. (q. v.)
COLLATERAL SECURITY, contracts. A separate obligation attached to
another contract, to guaranty its performance. By this term is also meant the
transfer of property or of other contracts to insure the performance of a
principal engagement. The property or securities thus conveyed are also called
collateral securities. 1 Pow. Mortg. 393; 2 Id. 666, n. 871; 3 Id. 944,
COLLATERAL WARRANTY, contracts, descent. Where the heir's title to the
land neither was, nor could have been, derived from the warranting ancestor; and
yet barred the heir from ever claiming the land, and also imposed upon him the
same obligation of giving the warrantee other lands, in case of eviction, as if
the warranty were lineal, provided the heir had assets. 4 Cruise, Real Prop.
2. The doctrine of collateral warranty, is, according to Justice Story, one
of the most unjust, oppressive and indefensible, in the whole range of the
common law. 1 Sumn. R. 262.
3. By the statute of 4 & 5 Anne, c. 16, 21, all collateral warranties of
any land to be made after a certain day, by any ancestor who has no estate of
inheritance in possession in the same, were made void against the heir. This
Statute has been reenacted in New. York; 4 Kent, Com. 460, 3d ed.; and in New
Jersey. 3 Halst. R. 106. It has been adopted and is in force in Rhode Island; 1
Sumn. R. 235; and in Delaware. Harring. R. 50. In Kentucky and Virginia, it
seems that collateral warranty binds the heir to the extent of assets descended.
1 Dana, R. 59. In Pennsylvania, collateral warranty of the ancestor, with
sufficient real assets descending to the heirs, bars them from recovering the
lands warranted. 4 Dall. R. 168; 2 Yeates, R. 509; 9 S. & R. 275. See 1
Sumn. 262; 3 Halst. 106; Harring. 50; 3 Rand. 549; 9 S. & R. 275; 4 Dall.
168; 2 Yeates, 509; 1 Dana, 50.
COLLATIO BONORUM, descent, distribution. Where a portion or money
advanced to a son or daughter, is brought into botchpot, in order to have an
equal distributive share of the ancestor's personal estate. The same rule
obtains in the civil law. Civil Code of Louis. 1305; Diet. de Jur. mot
Collation; Merlin Rep. mot Collation.
COLLATION, descents. A term used in the laws of Louisiana. Collation
-of goods is the supposed or real return to the mass of the succession, which an
heir makes of the property he received in advance of his share or otherwise, in
order that such property may be divided, together with the other effects of the
succession. Civil Code of Lo. art. 1305.
2. As the object of collation is to equalize the heirs, it follows that those
things are excluded from collation, which the heir acquired by an onerous title
from the ancestor, that is, where he gave a valuable consideration for them. And
upon the same principle, if a co-heir claims no share of the estate, he is not
bound to collate. Qui non vult hereditatem, non cogitur ad collationem. See Id.
art. 1305 to 1367; And Hotchpot.
COLLATION, eccl. law. The act by which the bishop, who has the
bestowing of a benefice, gives it to an incumbent. T. L.
COLLATION, practice. The comparison of a copy with its original, in
order to ascertain its correctness and conformity; the report of the officer who
made the comparison, is also called a collation.
COLLATION OF SEALS. Where, on the same label, one seal was set on the
back or reverse of the other, this was said to be a collation of seals. Jacob.
L. D. h. t.
COLLECTOR, officer. One appointed to receive taxes or other
impositions; as collector of taxes; collector of militia fines, &c. A
collector is also a person appointed by a private person to collect the credits
due him. Metc. & Perk. Dig. h. t.
COLLECTORS OF THE CUSTUMS. Officers of the United States, appointed
for the term of four years, but removable at the pleasure of the president. Act
of May 15, 1820, sect. 1, 3 Story's U. S. Laws, 1790.
2. The duties of a collector of customs are described in general terms, as
follows: " He shall receive all reports, manifests and documents, to be made or
exhibited on the entry of any ship or vessel, according to the regulations of
this act shall record in books, to be kept for the purpose, all manifests; shall
receive the entries of all ships or vessels, and of the goods, wares and
merchandise imported in them; shall, together with the naval officer, where
there is one, or alone, where there is none, estimate the amount of duties
payable thereupon, endorsing the said amounts upon the respective entries; shall
receive all moneys paid for duties, and shall take bonds for securing the
payment thereof; shall grant all permits for the unlading and delivery of goods;
shall, with the approbation of the principal officer of the treasury department,
employ proper persons as weighers, gaugers, measurers and inspectors, at the
several ports within his district; and also, with the like approbation, provide,
at the public expense, storehouses for the safe keeping of goods, and such
scales, weights and measures, as may be necessary." Act of March 2,1799) s. 21,
1 Story, U. S. Laws, 590. Vide, for other duties of collectors, 1 Story, U. S.
Laws, 592, 612, 620, 632, 659, and vol. 3, 1650, 1697, 1759, 1761, 1791, 1811,
1848, 1854; 10 Wheat. 246.
COLLEGE. A civil corporation, society or company, authorized by law,
having in general a literary object. In some countries by college is understood
the union of certain voters in *one body; such bodies are called electoral
colleges; as, the college of electors or their deputies to the diet of Ratisbon;
the college of cardinals. The term is used in the United States; as, the college
of electors of president and vice-president, of the United States. Act of
Congress of January 23, 1845.
COLLISION, maritime law. It takes place when two ships or other
vessels run foul of each other, or when one runs foul of the other. In such
cases there is almost. always a damage incurred.
2. There are four possibilities under which an accident of this sort may
occur. 1. It may happen without blame being imputable to either party, as when
the loss is occasioned by a storm, or any other vis major; in that case the loss
must be borne by the party on whom it happens to light, the other not being
responsible to him in, any degree.
3. - 2. Both parties may be to blame, as when there has been a want of due
diligence or of skill on both sides; in such cases, the loss must be apportioned
between them, as having been occasioned by the fault of both of them. 6 Whart.
4. - 3. The suffering party may have been the cause of the injury, then he
must bear the loss.
5. - 4. It may have been the fault of the ship which ran down the other; in
this case the injured party would be entitled to an entire corapensation from
the other. 2 Dodson's Rep. 83, 85; 3 Hagg. Adm. R. 320; 1 .How. S. C. R. 89. The
same rule is applied to steamers.. Id. 414.
6. - 5. Another case has been put, namely, when there has been some fault or
neglect, but on which side the blame lies, is uncertain. In this case, it does
not appear to be settled whether the loss shall be apportioned or borne by the
suffering party opinions on this subject are divided.
7. A collision between two ships on the high seas, whether it be the result
of accident or negligence, is, in all cases, to be deemed a peril of the seas
within the meaning of a policy of insurance. 2 Story, R. 176; 3 Sumn. R. 889.
Vide, generally, Story, Bailm. 607 to 612; Marsh.. Ins. B. 1, c. 12, s. 2; Wesk.
Ins. art. Running Foul; Jacobsen's Sea Laws, B. 4, c. 1; 4 Taunt. 126; 2 Chit.
Pr. 513, 535; Code de Com. art. 407; Boulay-Paty, Cours de Dr. Commercial, tit.
12, s. 6; Pard. n. 652 to 654; Pothier, Avaries, n. 155; 1 Emerig. Assur. ch.
COLLISTRIGIUM. The pillory.
COLLOCATION, French law. The act by which the creditors of an estate
are arranged in the order in which they are to be paid according to law. The
order in which the creditors-are placed, is also called collocation. Merl. Rep.
h. t. Vide Marshalling Assets.
COLLOQUIM, pleading. A discourse a conversation or conference.
2. In actions of slander, it is generally true that an action does not lie
for words, on account of, their being merely disgraceful to a person in his
office, profession or trade; unless it be averred, that at the time of
publishing the words, there was a colloquium concerning the office, profession
or trade of the plaintiff.
3. In its technical sense, the term colloquium signifies an averment in a
declaration that there was a conversation or discourse on the part of the
defendant, which connects the slander with the office, profession or trade of
the plaintiff; and this colloquium must extend to the whole of the prefatory
matter to render the words actionable. 3 Bulst. 83. Vide Bac. Ab. Slander, S, n.
3; Dane's Ab. Index, h. t.; Com. Dig. Action upon the case for Defamation, G 7,
8, &c.; Stark. on Sland. 290, et seq.
COLLUSION, fraud. An agreement between two or more persons, to defraud
a person of his rights by the forms of law, or to obtain an object forbidden by
law; as, for example, where the husband and wife collude to obtain a divorce for
a cause not authorized by law. It is nearly synonymous with covin. (q. v.)
2. Collusion and fraud of every kind vitiate all acts which are infected with
them, and render them void. Vide Shelf. on Mar. .& Div. 416, 450; 3 Hagg.
Eccl. R. 130, 133; 2 Greenl. Ev. 51; Bousq. Dict. de Dr. mot Abordage.
COLONEL. An officer in the army, next below a brigadier general, bears
COLONY. A union of citizens or subjects who have left their country to
people another, and remain subject to the mother country. 3 W. C. C. R. 287. The
country occupied by the colonists is also called a colony. A colony differs from
a possession, or a dependency. (q. v.) For a history of the American colonies,
the reader is referred to Story on the Constitution, book I.; 1 Kent, Com. 77 to
80; 1 Dane's Ab. Index, b. t.
COLOR, pleading. It is of two kinds, namely, express color, and
implied color. 2. Express color. This is defined to be a feigned matter, pleaded
by the defendant, in an action of trespass, from which the plaintiff seems to
have a good cause of action, whereas he has in truth only an appearance or color
of cause. The practice of giving express color in pleas, obtained in the mixed
actions of assize, the writ of entry in the nature of assize, as well as in the
personal action of trespass. Steph. on Plead. 230; Bac. Ab. Trespass, 14.
3. It is a general rule in pleading that no man shall be allowed to plead
specially such plea as amounts to the general issue, or a total denial of the
charges contained in the declaration, and must in such cases plead the general
issue in terms, by which the whole question is referred to the jury; yet, if the
defendant in an action of trespass, be desirous to refer the validity of his
title to the court, rather than to the jury; he may in his plea stated his title
specially, by expressly giving color of title to the plaintiff, or supposing him
to have an appearance of title, had indeed in point of law, but of which the
jury are not competent judges. 3 Bl. Com. 309. Suppose, for example, that the
plaintiff wag in wrongful possession of the close, without any further
appearance of title than the possession itself, at the time of the trespass
alleged, and that the defendants, entered upon him in assertion of their title:
but being unable to set forth this title in the pleading, in consequence of the
objection that would arise for want of color, are driven to plead the general
issue of not guilty. By this plea an issue is produced whether the defendants
are-guilty or not of the trespass; but upon the trial of the issue, it will be
found that the question turns entirely upon a construction of law. The
defendants say they are not guilty of the trespasses, because they are not
guilty of breaking the close of the plaintiff, as alleged in the declaration;
and that they are not guilty of breaking the close of the plaintiff, because
they themselves had the property in that close; and their title is. this, that
the father of one of the defendants being seised of the close in fee, gave it in
tail to his eldest son, remainder in tail to one of the defendants; the eldest
son was disseised, but made continual claim till the death of the disseisor;
after whose death, the descent being cast upon the heir, the disseisee entered
upon the heir, and afterwards died, when the remainder took effect in the said
defendant who demised to the other defendant . Now, this title involves a legal
question; namely, whether continual claim will no preserve the right of entry in
the disseisee, notwithstanding a descent cast on the heir of the disseisor. (See
as to this point, Continual Claim.) The issue however is merely not guilty, and
this is triable by jury; and the effect, therefore, would be, that a jury would
have to decide this question of law, subject to the direction upon it, which
they would receive from the court. But, let it be supposed that the defendants,
in a view to the more satisfactory decision of the question, wish to bring it
under the consideration of the court in bank, rather than have it referred to a
jury. If they have any means of setting forth their title specially in the plea,
the object will be attained; for then the plaintiff, if disposed to question the
sufficiently of the title, may demur to the plea, and thus refer the question to
the decision of the judges. But such plea if pleaded simply, according to the
state of the fact, would be informal for want of color; and hence arises a
4. The pleaders of former days, contrived to overcome this difficulty in the
following singular manner. In such case as that supposed, the plea wanting
implied color, they gave in lieu of it an express one, by inserting a fictitious
allegation of some colorable title in the plaintiff, which they, at the same
time avoided by the preferable title of the defendant. S Step . Pl. 225 Brown's
Entr. 343, for a form of the plea. Plowd. Rep. 22 b.
5. Formerly various suggestions of apparent right, might be adopted according
to the fancy of the pleader; and though the same latitude is, perhaps, still
available, yet, in practice, it is unusual to resort to any except certain known
fictions, which long usage has applied to the particular case for example, in
trespass to land, the color universally given is that of a defective charter of
the demise. See, in general, 2 Saund. 410; 10 Co. 88; Cro. Eliz. 76; 1 East,
215; Doct. Pl. 17; Doct. & Stud. lib. 2, c. 53; Bac. Abr. Pleas, I 8;
Trespass, I 4; 1 Chit. Pl. 500 Steph. on Pl. 220.
6. Implied color. That in pleading which admits by implication, an apparent
right in the opposite party, and avoids it by pleading some new matter by which
that apparent right is defeated. Steph. Pl. 225.
7. It is a rule that every pleading by way of confession and avoidance, must
give color; that is, it must admit an apparent right in the opposite party, and
rely, therefore, on some new matter by which that apparent right is defeated.
For example, where the defendant pleads a release to an action for breach of
covenant, the tendency of the plea is to admit an apparent right in the
plaintiff, namely, that the defendant did, as alleged in the declaration,
execute the deed and break the covenant therein contained, and would therefore,
prima facie, be liable on that ground; but shows new matter not before
disclosed, by which that apparent right is done away, namely, that the plaintiff
executed to him a release. Again, if the plaintiff reply that Such release was
obtained by duress, in his, replication, he impliedly admits that the defendant
has, prima facie, a good defence, namely, that such release was executed as
alleged in the plea; and that the defefadant therefore would be discharged; but
relies on new matter by which the plea is avoided, namely, that the release was
obtained by duress. The plea, in this case, therefore, gives color to the
declaration, and the replication, to the plea. But let it be supposed that the
plaintiff has replied, that the release was executed by him, but to another
person, and not to the defendant; this would be an informal replication wanting
color; because, if the release were not to the defendant there would not exist
even an apparent defence, requiring the allegation of new matter to avoid it,
and the plea might be sufficiently answered by a traverse, denying that the deed
stated in the plea is the deed of the plaintiff. See Steph. Pl. 220; 1 Chit. Pl.
498; Lawes, Civ. Pl. 126; Arch. Pl. 211; Doct. Pl. 17; 4 Vin. Abr. 552; Bac.
Abr. Pleas, &e. I 8; Com. Dig. Pleader, 3 M 40, 3-M 41. See an example of
giving color in pleading in the Roman law, Inst. lib. 4, tit 14, De
COLOR OR OFFICE, criminal law. A wrong committed by an officer under
the pretended authority of his office; in some cases the act amounts to a
misdemeanor, and the party may then be indicted. In other cases, the remedy to
redress the wrong is by an action.
COLT. An animal of the horse species, whether male or female, not more
than four years old. Russ. & Ry. 416.
COMBAT, Eng. law. The form of a forcible encounter between two or more
persons or bodies of men; an engagement or battle. A duel.
COMBINATION. A union of different things. A patent may be taken out
for a new combination of existing machinery, or machines. See 2 Mason, 112; and
Composition of matter.
2. By combination is understood, in a bad sense, a union of men for the
purpose of violating the law.
COMBUSTIO DOMORUM. Burning of houses; arson. Vide 4 Bl. Com. 372.
COMES, pleading. In a plea, the defendant says, " And the said C D, by
E F, his attorney, comes, and defends, &c. The word comes, venit, expresses
the appearance of the defendant , in court. It is taken from the style of the
entry of the proceedings on the record, and formed no part of the viva voce
pleading. It is, accordingly, not considered as, in strictness, constituting a
part of the Plea. 1 Chit. Pl. 411; Steph. Pl. 432.
COMES, offices. A Count. An officer during the middle ages, who
possessed civil and military authority. Sav. Dr. Rom. Moy. age, n. 80.
2. Vice-comes, the Latin name for sheriff, was originally the lieutenant of
COMITATUS. A county. Most of the states are divided into counties;
some, as Louisiana, are divided into parishes.
COMITES. Persons who are attached to a public minister, are so called.
As to their privileges, see 1 Dall. 117; Baldw. 240; and Ambassador.
COMITY. Courtesy; a disposition to accomodate.
2. Courts of justice in one state will, out of comity, enforce the laws of
another state, when by such enforcement they will not violate their laws or
inflict. an injury on some one of their own citizens; as, for example, the
discharge of a debtor under the insolvent laws of one state, will be respected
in another state, where there is a reciprocity in this respect.
3. It is a general rule that the municipal laws of a country do not extend
beyond its limits, and cannot be enforced in another, except on the principle of
comity. But when those laws clash and interfere with the rights of citizens, or
the laws of the countries where the parties to the contract seek to enforce it,
as one or the other must give way, those prevailing where the relief is sought
must have the preference. 2 Mart. Lo. Rep. N. S. 93; S. C. 2 Harr. Cond. Lo.
Rep. 606, 609; 2 B. & C. 448, 471; 6 Binn. 353; 5 Crancb, 299; 2 Mass. 84; 6
Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci contractus.
COMMAND. This word has several meanings. 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 Inst. 51, 57; 2 Inst. 182; 1 Hayw.
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. Story Ag. 454, note.
COMMENCEMENT OF A SUIT OR ACTION. The suit is considered as commenced
from the issuing of the writ; 3 Bl. Com. 273, 285; 7 T. R. 4; 1 Wils. 147; 18
John. 14; Dunl. Pr. 120; 2 Phil. Ev. 95; 7 Verm. R. 426; 6 Monr. R. 560; Peck's
R. 276; 1 Pick. R. 202; Id. 227; 2 N. H. Rep. 36; 4 Cowen, R. 158; 8 Cowen, 203;
3 John. Cas. 133; 2 John. R. 342; 3 John. R. 42; 15 John. R. 42; 17 John. R. 65;
11 John. R. 473; and if the teste or date of the writ be fictitious, the true
time of its issuing may be a and proved, whenever the purposes of justice
require it; as in cases of a plea of tender or of the statute of limitations.
Bac. Ab. Tender D; 1 Stra. 638; Peake's Ev. 259; 2 Saund. 1, n. 1. In
Connecticut, the service of, the writ is the commencement of the action. 1 Root,
R. 487; 4 Conn. 149; 6 Conn. R. 30; 9 Conn. R. 530; 7 Conn. R. 558; 21 Pick. R.
241; 2 C. & M. 408, 492 1 Sim. R. 393. Vide Lis Pendens.
COMENDAM, eccles. law. When a benefice or church living is void or
vacant, it is commended to the. care of some sufficient clerk to be supplied,
until it can be supplied with a pastor. He to whom the church is thus commended
is said to hold in commendam, and he is entitled to the profits of the living.
Rob. 144; Latch, 236.
2. In Louisiana, there is a species of limited partnership called a
partnership in commendam. It is formed by a contract, by which one person or
partnership agrees to furnish another person or partnership a certain amount,
either in property or money, to be employed by the person or partnership to whom
it is furnished, in his or their own name or firm, on condition of receiving a
share in the profits, in the proportion determined by the contract, and of being
liable to losses and expenses, to the amount furnished, and no more. Civ. Code
of Lo. 2810. A similar partnership exists in France. Code de Comm. 26, 33;
Sirey, tom. 12, part 2, p. 25. He who makes this contract is called in respect
to those to whom he makes the advance of capital, a partner in commendam. Civ.
Code of Lo. art. 2811.
COMMENDATARY. A person who holds a church living or presentment in
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, eccl. law. Secular persons upon whom ecclesiastical
benefices are bestowed, because they were commended and instructed to their
oversight: they are merely trustees.
COMMERCE, trade, contracts. The exchange of commodities for
commodities; considered in a legal point of view, it consists in the various
agreements which have for their object to facilitate the exchange of the
products of the earth or industry of man, with an intent to realize a profit.
Pard. Dr. Coin. n. 1. In a narrower sense, commerce signifies any reciprocal
agreements between two persons, by which one delivers to the other a thing,
which the latter accepts, and for which he pays a consideration; if the
consideration be money, it is called a sale; if any other thing than money, it
is called exchange or barter. Domat, Dr. Pub. liv. 1, tit. 7, s. 1, n. 2.
Congress have power by the constitution to regulate commerce with foreign
nations and among the several states, and with the Indian tribes. 1 Kent. 431;
Story on Corst. 1052, et seq. The sense in which the word commerce is used in
the constitution seems not only to include traffic, but intercourse and
navigation. Story, 1057; 9 Wheat. 190, 191, 215, 229; 1 Tuck. Bl. App. 249 to
252. Vide 17 John. R. 488; 4 John. Ch. R. 150; 6 John. Ch. R. 300; 1 Halst. R.
285; Id. 236; 3 Cowen R. 713; 12 Wheat. R. 419; 1 Brock. R. 423; 11 Pet. R. 102;
6 Cowen, R. 169; 3 Dana, R. 274; 6 Pet. R. 515; 13 S. & R. 205.
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
2. The Act of April 14, 1818, s. 6, requires that the president, by and with
the consent of the senate, shall appoint a commissary general with the rank,
pay, and emoluments of colonel of ordnance, and as many assistants, to be taken
from the sub-alterns of the line, as the service may require. The commissary
general and his assistants shall perform such duties, in the purchasing and
issuing of rations to the armies of the United States, as the president may
direct. The duties of these officers are further detailed in the subsequent
sections of this act,, and in the Act of March 2, 1821.
COMMISSION, contracts, civ. 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. (q. v.) Ruth. Inst. 105; Halifax,
Analysis of the Civil Law, 70. If the service the party undertakes to perform
for another is the custody of his goods, this particular sort of, commission is
called a charge.
2. In a commission, the obligation on his part who undertakes it, is to
transact the business without wages, or any other reward, and to use the same
care and diligence in it, as if it were his own.
3. By commission is also understood an act performed, opposed to omission,
which is the want of performance of such an act; is, when a nuisance is created
by an act of commission, it may be abated without notice; but when it arises
from omission, notice to remove it must be given before it is abated. 1 Chit.
Pr. 711. Vide dbatement of Nuisances; Branches; Trees.
COMMISSION, office. Persons authorized to act in a certain matter; as,
such a matter was submitted, to the commission; there were several meetings
before the commission. 4 B. & Cr. 850; 10 E. C. L. R. 459.
COMMISSION, crim. law. The act of perpetrating an offence. There are
crimes of commission and crimes of omission.
COMMISSION, 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. The commission is not the appointment, but
only evidence of it; and as soon as it is signed and sealed, vests the office in
the appointee. 1 Cranch, 137; 2 N. & M. 357; 1 M'Cord, 233, 238. See Pet. C.
C. R. 194; 2 Summ. 299; 8 Conn. 109; 1 Penn. 297; 2 Const. Rep. 696; 2 Tyler,
COMMISSION, 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. For a
form of a commission to take.depositions, see Gresley, Eq. Ev. 72.
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 Bouv. Inst. n. 382, et
COMMISSION MERCHANT. One employed to sell goods for another on
commission; a factor. He is sometimes called. a consignee, (q. v.) and the goods
he receives are a consignment. 1 Bouv. Inst. n. 1013.
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, so as to have him in
chancery on a certain day therein named. This writ may be issued after an
attachment with proclamation, and a return of non est inventus. Blake's Ch. Pr.
102; Newl. Ch. Pr. 14.