Black's Law Dictionary

In French law. The arrangement or marshaling of the creditors of an estate in the order in which they are to be paid according to law. Merl. Repert.

One of the usual parts of the declaration in an action for slander. It is a general averment that the words-complained of were spoken "of and concerning the plaintiff," or concerni

A deceitful agreement or compact between two or more persons, for the one party to bring an action against the other for some evil purpose, as to defraud a third party of his right

In the civil law. A money-changer ; a dealer in money.

In the civll law. Exchange.

In Saxon and old English law. An acoount or calculation.

In America, this term designates the body of law in force in the thirteen original colonies before the Declaration of Independence. In England, the term signifies the laws enacted

In the English government, this is the department of state through which the sovereign appoints colonial governors, etc., and communicates with them. Until the year 1854, the secre

In old European law. A husbandman; an inferior tenant employed in cultivating the lord's land. A term of Roman origin, corresponding with the Saxon ceorl. 1 Spence, Ch. 51.

A dependent political community, consisting of a number of citizens of the same country who have emigrated therefrom to pcople another, and remain subject to the mother-country. U.

An appearance, semblance or simulacrum, as distinguished from that which is real. A prima facie or apparent right Hence, a deceptive appearance; a plausible, assumed exterior, conc

That which has or gives color. That which is in appearance only, and not in reallty, what it purports to be. —Colorable alteration. One which makes no real or substantial change, b

One which makes no real or substantial change, but is introduced only as a subterfuge or means of evading the patent or copyright law.

In the law of trade-marks, this phrase denotes such a close or ingenious imitation as to be calculated to deceive ordinary persons.

The practice of giving color in pleading.

By common usage in America, this term, in such phrases as "colored persons," "the colored race," "colored men," and the llke, is used to designate negroes or persons of the African

Lat. By color of office.

That semblance or presumption of authority sustaining the acts of a public officer which is derived from his apparent title to the office or from a writ or other process in his han

The appearance or semblance, without the substance, of legal right. McCain v. Des Moines, 174 In S. 168, 19 Sup. Ch 644, 43 In Ed. 936.

An act unjustly done by the countenance of an office, being grounded upon corruption, to which the office is as a shadow and color. Plow. 64. A claim or assumption of right to do a

The appearance, semblance or simulacrum of title. Any fact, extraneous to the act or mere will of the claimant, which has the appearance, on its face, of supporting his claim of a

Young poles, which, being cut down, are made levers or lifters. Blount.

In old Scotch law. A young beast or cow, of the age of one or two years; in later times called a "cowdash."

An animal of the horse species, whether male or female, not more than four years old. Mallory v. Berry, 16 Kan. 295; Pullen v. State, 11 Tex. App. 91.

An abbreviation for "company," exactly equivalent to "Co." Keith v. Sturges, 51 III. 142.

In old English law. Fellow-barpns; fellow-citizens. The citizens or freemen of the Cinque Ports being anciently called "barons;" the term "combarones" is used in this sense in a gr

A forcible encounter between two or more persons; a battle; a duel. Triui by battle. —Mntnal combat is one into which bath the parties enter voluntarily; it implies a common intent

A valley or piece of low ground between two hills. Kennett, Gloss.

A small or narrow valley.

A conspiracy or confederation of men for unlawful or violent deeds. A union of different elements. A patent may be taken out for a new combination of existing machines. Stevenson C

A trust, pool, or other association of two or more individuals or corporations having for its object to monopolize the manufacture or traffic in a particular commodity, to regulate

Burning of money; the ancient method of testing mixed and corrupt money, paid into the exchequer, by melting it down.

Burning. In old English law. The punishment inflicted upon apostates. —Combustio domornm. Houseburning; arson. 4 Bl. Comm. 272. —Combnstio pecuniæ. Burning of money; the ancient me

Houseburning; arson. 4 Bl. Comm. 272.

To present oneself; to appear in court In modern practice, though such presence may be constructive only, the word is stili used to indicate participation in the proceedings. Thus,

n. Lat. A follower or attendant; a count or earL v. A word used in a pleading to indicate the defendant's presence in court See Come.

This phrase, anciently used in the language of pleading, and still surviving in some jurisdictions, occurs at the commencement of a defendant's plea or demurrer; and of its two ver

In the civil law. A judicial inquest made by delegates or commissioners to find out and relate the truth of a cause.

Lat. Immediately; hand-to-hand; in personui contact.

Lat Comity, courtesy, civility. Comitas inter communitates; or comitas inter gentes; comity between communities or nations; comity of nations. 2 Kent, Comm. 457.

A writ or commission, whereby a sheriff is authorized to enter upon the charges of a county. Reg. Orig. 295.

A writ by which the charge of a county, together with the keeping of a castle, is committed to the sheriff.

In old English law. A county or shire; the body of a county. The territorial jurisdiction of a comes, i. e., count or earl. The county court, a court of great antiquity and of grea

Counts or carls. Attendants or followers. Persons composing the retinue of a high functionary. Persons who are attached to the suite of a public minister.

Counts or earls palatine; those who had the government of a county palatine.

In Roman law. An assembly, either (1) of the Roman curiæ, in which case it was called the "comitia curiata vel calata;" or (2) of the Roman centuries, in which case it was called t

In old English law. A countess; an earl's wife.

In old English law. The dignity and office of a comes, (count or earl;) the same with what was afterwards called "comitatus." Also a companion or fellow-traveler; a troop or compan

Courtesy; complaisance; respect; a willingness to grant a privilege, not as a matter of right, but out of deference and good will. —Comity of nations. The most appropriate phrase t

The most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from t

A species of protective tariff formerly in existence in England, imposing import-duties on various kinds of grain. The com laws were abolished in 1846.

An order, imperative direction or behest. State v. Mann, 2 N. C. 4; Barney v. Hayes, 11 Mont 571, 29 Pac. 282, 28 Am. St. Rep. 495.

In French law. A writ served by the huissier pursuant to a judgment or to an executory notarial deed. Its object is to give notice to the debtor that if he does not pay the sum to

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

In old English law. A manor or chief messuage with lands and tenements thereto appertaining, which belonged to the priory of St. John of Jerusalem, in England; he who had the gover

Special partners; partners en commandite. See Commanditis.

In French law. A special or limited partnership, where the contract is between one or more persons who are general partners, and jointly and severally responsible, and one or more

In practice. An authoritative order of a judge or magisterial officer. In criminal law. The act or offense of one who commands another to transgress the law, or do anything contrar

A boundary; the confines of land.

To commence a suit is to demand something by the institution of process in a court of justice. Cohens v. Virginia, 6 Wheat. 408, 5 In Ed. 257. To "bring" a suit is an equivalent te

In French law. The delivery of a benefice to one who cannot hold the legal title, to keep and manage it for a time limited and render an account of the proceeds. Guyot, RCp. Univ.

Moore, 905. A commendam is the power of receiving and retaining a benefice contrary to positive law, by supreme authority.

In ecclesiastical law. The appointment of a suitable clerk to hold a void or vacant benefice or church llving until a regular pastor be appointed. Hob. 144; Latch, 236. In commerci

In the civil law. Co.mmendation, praise or recommendation, as in the maxim "simplex commendatio non obligat," meaning that mere recommendation or praise of an article by the seller

In feudal law. This was the act by which an owner of allodial land placed himself and his land undor the protection of a lord, so as to constitute himself his vassal or feudui tena

Secular persons upon whom ecclesiastical benefices were bestowed in Scotland; called so because the benefices were commended, and intrusted to their supervision.

He who holds a church llving or preferment in commendam.

In ecclesiastical law. Such as are written by one bishop to another on behalf of any of the clergy or others of his diocese traveling thither, that they may be received among the f

In feudal law. One who intrusts himself to the protection of another. Spelman. A person who, by voluntary homage, put himself under the protection of a superior lord. CowelL

Intercourse by way of trade and traffic between different peoples or. states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodi

Commerce between citizens of the United States and citizens or subjects of foreign governments; commerce which, either immediately or at some stage of its progress, is extraterrito

Commerce with individuals belonging to such tribes, in the nature of buying, selling, and exchanging commodities, without reference to the locality where carried on, though it be w

War contracts. Compacts entered into by belligerent nations to secure a temporary and limited peace. 1 Kent, Comm. 159. Contracts between nations at war or their subjects.

Relating to or connected with trade and traffic or commerce in general. In S. v. Breed, 24 Fed. Cas. 1222; Eamshaw v. Cadwalader, 145 U. S. 258, l2 Sup. Ct 851, 36 L. Ed. 693; Zant

The same as a "mercantile" agency. In re United States Mercantile Reporting, etc., Co., 52 Hun. 611, 4 N. Y. Supp. 916. See Mercantile.

An officer in the consular service of the United States, of rank inferior to a consul. Also used as equivalent to "Commercial broker," see infra.

One who negotiates the sale of merchandise without having the possession or control of it, being distinguished in the latter particular from a commission merchant. Adkins v. Richmo

One engaged in commerce in the broadest sense of that term; hence including a railroad company. Sweatt v. Railroad Co., 23 Fed. Cas. 530.

See Domicile.

See Insurance.

A phrase used to designate the whole body of substantive jurisprudence applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pur

In French law. A trade-mark is specially or purely the mark of the manufacturer or producer of the article, while a "commercial" mark is that of the denier or merchant who distribu

See Commercial.

Where an agent simply exhibits samples of goods kept for sale by his principal, and takes orders from purchasers for such goods, which goods are afterwanis to be delivered by the p

Lat In the civll law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract.

3 Inst. 181. Commerce, by the law of nations, ought to be common, and not converted to monopoly and the private gain of a few.

The commonalty or the people.

In old practice. A clause sometimes added at the end of write, admonishing the sheriff to be faithful in executing them. Bract fol. 398.

In old French law. Forfeiture; the forfeiture of a fief; the penalty attached to the ingratitude of a vassal. Guyot, Inst. Feod. c. 12.

In French law. A person who receives from a meeting of shareholders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the apports en

In French law. Auctioneers, who possess the exclusive' right of selling personal property at public sale in the towns in which they are established; and they possess the same right

The whole body of officers who make up the commissaries' department of an army.

In ecclesiastical law. One who is sent or delegated to execute some office or duty as the representative of his superior; au officer of the bishop, who exercises spiritual jurisdic

A Scotch ecclesiastical court of general jurisdiction, held before four commissioners, members of the Faculty of Advocates, appointed by the crown.

A warrant or authority or letters patent, issuing from the government or one of its departments or a court, empowering a person or persons named to do certain acts or to exercise j

In English practice. The opening day of the assises.

where an agent of a seller undertakes to guaranty to his principal the payment of the debt due by the buyer. The phrase "del oredere" is borrowed from the Italian language, in whic

The same as a commission of lunacy, (see infra.) In re Missel witz, 177 Pa. 359, 35 Atl. 722. —Commission del credere, in commercial law, is where an agent of a seller undertakes t

In the United States army and navy and marine corps, those who hold their rank and office under commissions issued by the president, as distinguished from non-commissioned of-ficor

A person to whom a commission is directed by the government or a court. State v. Banking Co., 14 N. J. Law, 437; In re Canter, 40 Misc. Rep. 126, 81 N. Y. Supp. 338. In the governm