Commence

In several uses has a somewhat technical import: Commencement of a building. Work done on the ground the effect of which is apparent. See further Building. Commencement of an action, prosecution, or suit. Such inception of judicial proceedings as affects the several defendants; as saves the cause from the bar of the statute of limitations, q. v.; or as assures the jurisdiction, when collaterally questioned. In civil actions, at common law, suing out or issuing the writ " commfences " an action; in equity practice, filing the bill, or, perhaps, issuing and endeavoring to serve the subpoena; under codes of procedure, service or publication of the summons. ^ See Beodght. Before an action can be commenced, the cause of action must be complete,— the day for payment must have passed, a precedent condition must have been performed; the plaintiff must have the necessary privity, and as against the particular defendant; in the case of a tort there must be a legal injury (g. v.)^ and, possibly, the act must not amount to an untried felony; where there is a breach of a public duty, particular damage must have resulted to the plaintiff.^ Commencement of an indictment. The most common form (derived from England) is "The jurors of the people of the State of, in and for the body of the county of, upon their oath present," etc.^ Compare Caption, 2. ■Burgess v. Seligman, 107 U. S. 33-31 (1883), cases, Bradley, J. See also Pana v. Bowler, ih.

641 (1883), cases; Norton v. Shelby County, 118 id. 439 (1886). ' See generally 26 Cent. Law J. 31-33 (1888), cases; 2 Mc Crary, 189; 4 Woods, 108; 11 F. R. 317; 17 ia. 475; 10 Ark. 120, 479; 19 Cal. 557; 31 id. 351; 45 irf, 125; 30 Ga. 873; 1 Ind. 276; 11 id. 48, 354; 8 Iowa, 309; 9 id. 178; 10 id. 308, 418; 16 id. 59; 3 A. K. Marsh. 18; 5 Bush, 435; 15 Mass. 4.55; 7 Me. 370; 33 Mich. 112; 42 Miss. 241;.36 id. 40; 6 N. H. 34); 47 id. 34; 37 N. Y. 122; 10 Barb. 318; 6 Cow. 471, 519; 17 Johns. 65; 36 Pa. 474; 84 id. 124; 15 id. 393; 1 E. I. 17; 11 Humph. 303; 10 Tex. 155; 28 id. 713; 30 id. 494; 42 Vt. 562; 55 id. 356; 6 W. Va. 336.