Commissary

An officer whose principal duties are to supply an army, or some portion thereof, with provisions. The subsistence department of the army shall consist of one commissary-general of subsistence, with the rank of brigadier-general; two assistant commissaries-general of subsistence, with the rank of lieutenant-colonel of cavalry; eight commissaries of subsistence, with the rank of major of cavalry; and sixteen commissaries of subsistence, with the rank of captain of cavalry.

U. S. Rev. Stat. § 1110.

Their duties are defined In the following sections. An official to whom the bishop of a diocese sometimes delegated jurisdiction in his Consistory Court over certain parts of the diocese.

1 Holdsw. Hist. L. 3G9.

COMMISSION (Lat. commissio; from commit t ere, to intrust to). An undertaking without reward to do something for another, with respect to a thing bailed.

Puitkerforth, Inst. 103.

A body of persons authorized to act in a certain matter.

5 B. & C. S50.

The act of perpetrating an offence. 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. 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.

Marbury v. Madison, 1 Cra. (U. S.) 137, 2 L. Ed. 60; State v. Billy, 2 N. & McC. (S. C.) 357. See Talbot v. Simpson, 1 Pet. C. C. 191, Fed. Cas. No. 13,730; U. S. v. Vinton, 2 Sumn. 299, Fed. Cas. No. 16,624; Scofield v. Lounsbury, 8 Conn. 109.

In this sense it is much used in Great Britain; the great seal is sometimes placed in commission by the crown in the hands of one or more persons; judges assigned to certain duties are appointed thereto by commission; the royal assent to bills in parliament is usually given by commissioners appointed for the purpose. In Common Law. A sum allowed, usually a certain per cent, upon the value of the property involved, as compensation to a servant or agent for services performed. See Commissions. lative power is in the hands of a few persons. Constitutional provisions dividing government into legislative, executive and judicial departments are held to apply to state and not to local governments, and not to a: law providing a commission plan of < ill. ernment; State v. Ure, 91 Neb. 31, I \Y. i'L'4. The legislature has the power to allow the electors of all cities in the class to adopt or reject the commission plan of government; id.; such method is c tutional; State v. City of Mankato, 117 Minn. 458, 136 N. W. 264, 41 L. It. A. (X. S.) 111. An act authorizing certain cities to adopt this form of government only becomes effective in cities which may adopt it by vote. and does not violate state constitutions hibiting special or local legislation in matters affecting the incorporation of cities, etc.; People v. Edmands, 252 111.

10S, 96 X. E. 914.

An act authorizing the government of certain cities by commission at their option is not violative of the constitution as an unwarranted delegation of legislative power; State v. Tausick, 64 Wash. 69, 116 Pac. 651, 35 L. R. A. (N. S.) 802; Eckerson v. Des Moines, 137 la.

452, 115 N. W. 177; City of Jackson v. State (Miss.) 59 South. S73.

To the same effect, Bryan v. Yoss, 143 Ky. 422, 136 S. W. 884.