Commission

the Federal Election Commission established by section 437c(a)(1) of Title 2, United States Code.

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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 jurisdiction or to perform the duties and exercise the authority of an office, (as in the case of an officer in the army or navy.) Bledsoe v. Colgan, 138 Cal. 34, 70 Pac. 924; U. S. v. Planter, 27 Fed. Can. 544; Dew v. Judges, 3 Hen. & M. (Vat) 1, 3 Am. Dec. 639; Scofield v. Louns-bury, 8 Conn. 109. Also, in private affairs, It signifies the authority or instructions under which one person transacts business or negotiates for another.

In a derivative sense, a body of persons to whom a commission is directed. A board or committee officially appointed and empowered to perform cortain acts or exercise certain jurisdiction of a public nature or relation; as a "commission of assise."

In the civil law. A species of bailment, being an undertaking, without reward, to do something in respect to an article bslled; equivalent to "mandate."

In commercial law. The recompense or reward oi an agent, factor, broker, or bailee, when the same is calculated as a percentage on the amount of bis transactions or on the profit to the principal. But in this sense the word occhrs more frequently in the plural. Jackson v. Stanfield, 137 Ind. 592, 37 N. E. 14, 23 In R. A. 588; Ralston v. Kohl, 30 Ohio St. 98; Whitaker v. Guano Co., 123 N. C. 368, 31 S. E. 629.

In criminal law. Doing or perpetration; the performance of an act. Groves v. State, 116 Ga. 516, 42 S. E. 755, 59 L. R. A. 598.

In practice. An authority or writ issuing from a court, in relation to a cause before it, directing and authorizing a person or persens named to do some act or exercise some special function; usually to take the depositions of witnesses. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, authorizing him to examine the witness upon oath on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it according to the directions given with the commission. Pen. Code Cal. § 1351.

— Commission day. In English practice. The opening day of the assises.

— Commission de lunatico inquirendo. 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. 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 which its signification is equivalent to our word "guaranty" or "warranty." Story, Ag. 28

— Commission merchant. A term which is synonymous with "factor." It means one who receives goods, chattels, or merchandise for sale, exchange, or other disposition, and who is to receive a compensation for his services, to be paid by the owner, or derived from the snie, etc., of the goods. State v. Thompson, 120 Mo. 12, 25 S. W. 346; Perkins v. State, 50 Ala. 154; White v. Com., 78 Va. 484

— Commission of anticipation. In English law. An authority under the great seal to collect a tax or subsidy before the day.

— Commission of appraisement and sale. Where property has been arrested in an admiralty action tn rent and ordered by the court to be sold, the order is carried out by a commission of appraisement and sale; in some cases (as where the property is to be released on bail and the value is disputed) a commission of appraisement only is required. Sweet.

— Commission of array. In English law. A commission issued to send into every county officers to muster or set in military order the inhabitants. The introduction of commissions of lieutenancy, which contained, in substance, the same powers as these commissions, superseded them. 2 Steph. Comm. (7th Ed.) 582.

— Commission of assise. Those issued to judges of the high court or court of appeal, authorizing them to sit at the assises for the trial of civil actions.

— Commission of bankrupt. A commission or authority formerly granted by the lord chancellor to such persons as he should think proper, to examine the bsnkrupt in all matters relating to his trade and effects, and to perform various other important duties connected with bankruptcy matters. But now, under St. 1 & 2 Wm. IV. c. 56, § 12, a fiat issues instead of such commission.

— Commission of charitable nses. This commission issues out of chancery to the bishop and others, where lands given to charitable uses are misemployed, or there is any fraud or dispute concerning them, to inquire of and redress the same, etc.

— Commission of delegates. When any sentence was given in any ecclesiastical cause by the archbishop, this commission, under the great seal, was directed to certain persons, usually lords, bishops, and judges of the law, to sit and hear an appeal of the same to the king, in the court of chancery. But latterly the judicial committee of the privy council has supplied the place of this commission. Brown.

— Commission of lunacy. A writ issued out of chancery, or such court as may have jurisdiction of the case, directed to a proper officer, to inquire whether a person named therein is a lunatic or not. 1 Bonv. Inst. n. 382, et aeq.; In re Moore, 68 Cal. 281, 9 Pac. 164,

— Commission of partition. In the former English equity practice, this was a commission or authority issued to certain persons, to effect a division of lands held by tenants in common desiring a partition; when the commissioners reported, the parties were ordered to execute mufual conveyances to confirm the divi-sion.

— Commission of rebellion. In English law. An attaching process, formerly issuable out of chancery, to enforce obedience to a process or decree; abolished by order of 26th August, 1841.

— Commission of review. In English ecclesiastical law. A commission formerly sometimes granted in extraordinary cases, to revise the sentence of the court of delegates. 3 Bl. Comm. 07. Now out of use, the privy council being substituted for the court of delegates, as the great court of appeal in all ecclesiastical causes. 3 Steph. Comm. 432,

— Commission of the peace. In English law. A commission from the crown, appointing certain persons therein named, jointly and severally, to keep the peace, etc. Justices of the peace are niways appointed by special commission under the great seal, the form of which was settled by all the judges, A. D. 1590, and continues with little alteration to this day. 1 Bl. Comm. 351; 3 Steph. Comm. 39, 40.

— Commission of treaty with foreign princes. Leagues and arrangements made between states and kingdoms, by their ambassadors and ministers, for the mutual advantage of the kingdoms in alliance. Wharton.

— Commission of nnlivery. In an action in the English admiralty division, where it is necessary to have the cargo in a ship unladen in order to have it appraised, a commission of uniivery is issued and executed by the marshal. Williams & B. Adm. Jur. 233. --Commission to examine witnesses. In practice. A commission issued out of the court in which an action is pending, to direct the taking of the depositions of witnesses who are beyond the territorial jurisdiction of the court.

— Commission to take answer in chancery. In English law. A commission issued when defendant lives abroad to swear him to such answer. 15 & 16 Viet. c. 86, § 21. Obsolete. See Jud. Acts, 1873, 1875.

— Commission to take depositions. A written authority issued by a court of justice, giving power to take the testimony of witnesses who cannot be personally produced in court. Tracy v. Suydam, 30 Barb. (N. Y.) 110.

To authorize or empower by virtue of a commission.

^ 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.

A warrant; authority; writ. 1. Commission of assize: v. Assize. 3. Commission of bankrupt was granted by the Lord Chancellor to examine into the affairs of bankrupts, and given to some five persons, who were called commissioners, and had authority to proceed generally according to the statutes. Later, these commissioners constituted a permanent court of one judge and six commissioners. 3. Commission to examine witnesses: issues for the purpose of taking testiout of court. 4. Commission of lunacy was issued a person represented non compos was so in rected to the masters ia lunacy, and is jury. If found af Srraatively, the lunatic's committed to the charge of a person or persons mittee. 5. Commission of gaol delivery: mission of nisi prius: r. Assize. 7. peace: v. Assize, Justice of the peace. rebellion. One of the processes for contempt was directed to four commissioners, and attach the party as a rebel and contemner of to court on a day assigned. 9. Commission Court, 88.

[Lat. commissio, from committere, to commit or entrust.] In practice. A warrant or authority in writing and under seal, sometimes in the form of letters patent, empowering those to whom it is directed, to perform certain acts, or to exercise a certain jurisdiction. Termes de la ley. It is for the most part the same as the delegatio of the civilians. Cowell. See old forms of commissions. Reg. Orig. 64, 88, 128, 188. Reg. Jud. Appendix, 19. In England, the judges of the superior courts sit upon their circuits, by virtue of commissions. 1 Tidd's Pr. 41. And justices of the peace are always appointed by commission. See infra. The individuals themselves, who act by virtue of such an authority. A writ issued out of some court under its seal, authorizing the persons named in it to perform certain specified duties, as to take the testimony of witnesses, &c. See Commission to take Testimony. The compensation allowed an agent for his services. Story on Agency, § 326. To COMMISSION. To authorize or empower by virtue of a written warrant, authority or commission; to appoint with such authority. The emphatic word in the old commissions is constituimus, (we have constituted,) or assignavimus, (we have assigned,) Bract, fol. 109, 110. Reg. Orig. 64, 88, 128. Reg. Jud. Appendix, 19.

in conan te is undertakes without reward, something foranother in respect bailed. This term is freused synonymously with (q. v-) Ruth. Inst. 106; Analysis of the Civil Law, the service the party underperform for another is the of his goods, this particular is commission called a charge. commission, the obligation on who undertakes it, is to the business without wages, other reward,,and to use the and diligence in it, as if own.