commence

Defined in 3 dictionaries — U.S. Code, Black's (1910), Anderson (1889)

United States Code

No person may commence any significant modification of any project licensed under, or exempted from, this chapter unless such modification is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this subchapter. As used in this paragraph, the term “commence” refers to the beginning of physical on-site activity other than surveys or testing.

30 U.S.C. § 1702 — for the purposes of this chapter

“commence” means—

(A) with respect to a judicial proceeding, the service of a complaint, petition, counterclaim, cross claim, or other pleading seeking affirmative relief or seeking credit or recoupment: Provided, That if the Secretary commences a judicial proceeding against a designee, the Secretary shall give notice of that commencement to the lessee who designated the designee, but the Secretary is not required to give notice to other lessees who may be liable pursuant to section 1712(a) of this title, for the obligation that is the subject of the judicial proceeding; or

(B) with respect to a demand, the receipt by the Secretary or a delegated State or a lessee or its designee (with written notice to the lessee who designated the designee) of the demand;

Show all 2 definitions and how they changed over time

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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 term; an action is "commenced" when it is "brought," and vice versa. Goldenberg v. Murphy, 108 In S. 162, 2 Sup. Ct 388, 27 I Ed. 686.

A Dictionary of Law

William C. Anderson · 1889

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.