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Commission

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

^ Doing, performing; execution. 1. An undertaking, without recompense, to do a thing for another person; a gratuitous bailment, q. v. 2. (1) Formal written authority from a court to do something pertaining to the administration of justice: as, a commission to ascertain whether one is a bankrupt, or a lunatic; a commission to take depositions or testimony, qq. v. A writ or process issued, under seal, by the special order of a court. ^ (3) Formal authority from a government J See Report of Commission, 1887, pp. 3-10. That report presents the views of the board upon the following general subjects: The carriers subject to its jurisdiction, pp. 11-15; the long and short haul clause of the act, 16-23; the filing and publication of tariffs, 33-34; general supervision of the carriers subject to the act, 2-1-27; proceedings before the commission, 27-88; expense of hearings, 28-39; annual reports from carriers, 39-80; classification of passengers and freight, 30-32; voluntary association of railroad managers, 33-36; reasonable charges, 36-41; general observations, 41^2; amendments of the law, 42^8, 14-16. "L. commi Wcre, to place with, intrust to: con, with; mittere, to send. 3 [Tracy v. Suydam, 30 Barb. 115 (1869); Boal v. King, for the doing of something belonging to the exercise of its powers. Imports, ex vi termini^ written authority from a competent source.? Compare Waeeant, S. (3) The body or board of persons intrusted with the performance of some public service or duty: as, to revise statutes, codify laws, fix the boundary lines between States, enforce the inter-State commerce act. The instrument evidences the fact of the appointment, q. v., and the nature and extent of the powers confei Ted.' Commissioner. Such person as has a commission, letters-patent, or other lawful authority, to examine any matter or to execute any public office. ^ An officer of a court, appointed to assist it In administering justice in a particular case or cases. Compare Master, 4.. The supreme court of California appoints, and may at any time remove, three persons of legal learning and personal worth to assist the court in the performance of its duties, and in-the disposition of the undetermined causes now pending. Each commissioner holds office for the term of four years, and during that period may not engage in the practice of the law. The court appoints one as chief commissioner.* Whence C, and C. C. An officer who assists in the administration of government, being usually charged with administering the laws relating to some one department thereof: as, the commissioner of agriculture, of a circuit court, of a county, of deeds, of education, of fisheries, of the general land-office, of highways, of Indian affairs, of internal revenue, of patents, of pensions. 5 See Ministeeial. Commissiotier of bail. An officer authorized to take bail for hearings or trials before a court and jury, in cases admitting of release from confinement when the accused can furnish bail. Commissioner of the circuit courts. See under COURTS, United States. 'Commissioner of deeds. An officer authorized to take acknowledgments and depositions, and to probate accounts. > United States v. Beyburn, 6 Pe't. *364 (1832). » Marbury v. Madison, 1 Cranch, 155 (1803); Lessee of Talbot V. Simpson, 1 Pet. C. C. 94 (1815); United States V. Vinton, 2 Sumn. 307 (1830). ' [Jacob's Law Diet.; 14 N. J. L. 438. •Cal. Statutes, 1885, p. 161. Similar provision was made in Kansas in 1887,

Laws, c. 148; and on March 5, three commissioners were appointed by the governor, County commissioners. See County. 3. Compensation for services rendered. The plural, commissions, is often used. A percentage on price or value.! A sum allowed as compensation to a servant, factor, or agent, who manages the aflfairs of another, in recompense for his services.^ "Commission" generally signifies a percentage upon the amount of money involved in the transaction, as distinguished from "discount," which is a percentage taken from the face value of the secinnty or property negotiated.^ A reasonable commission is allowed to administrar tors, assignees, auctioneers, brokers, executors, receivers, and other agents or trustees, qq. v. But the service must be completed, and due care and skill and perfect fidelity have been employed. The amoimt is a reasonable percentage upon the sum received or paid out, and is regulated by custom, or by the discretion of the appointing authority. Commission merchant. A factor, g. v.