Public-domain · open source
OpenJurist

Commissioner

A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

officer. One place of imprisonment, and not who has a lawful commission to exe- merely direct that the party be taken cute a public office; but in a more to prison. 2 Str. 934; 1 Ld. Ray. restricted sense it is one who Is au- 424. 8th, In a final commitment, thorised to execute a particular duty, the authority to the keeper of the as, commissioner of the revenue, prison should be to keep the prisoner canal commissioner: the term when “until he shall be discharged by used in this latter sense is not applied, due course of law,” when the offence for example, to a judge. There are is not bailable; when it. is bailable commissioners, too, who have no the gaoler should be directed te shall be discharged by due course of law.” When the commitment is not final it is usual to commit the prisoner “ for further hearing.” The commitment is also a mittimus, (q.v.) The act of sending a person to prison charged with the commission of a crime by virtue of such a warrant is also called a commitment.

Vide generally, 4 Vin. Ab. 576; 1 Bac. Ab. Index, h. t..

COMMITTEE, practice. When a person has been found non compos, the law requires that a guardian should be appointed to take care of his person and estate, this guardian is called the committee.. It is usual to select the committee from the next of kin, Shelf. on Lun. 137; and in case of the lunacy of the husband or wife, the one who is sound is entitled, unless under very special circumstances, to be the committee of the other, Ib. 140. This is the committee of the person. For committee of the estate the heir at law is most favoured; relations are preferred to strangers, but the latter may be appointed.

Ib. 144.

It is the duty of the committee of the person to take care of the lunatic; and the committee of the estate is bound to administer the estate faithfully, and to account for his administration. He cannot in general make contracts in relation to the estate of the Junatic, or bind it without a special order of the court or authority that appointed him.

Ib. 179.