Commissioner

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See Commission.

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 governmental system of the United States, this term denotes an officer who is charged with the administration of the laws relating to some particular subject-matter, or the management of seme bureau or agency of the government Such are the commissioners of education, of patents, of pensions, of fisheries, of the general land-office, of Indian affairs, etc. In the state governmental systems, also, and in England, the term is qutte extensively used as a designation of various officers having a similar authority and simllar duties.

— Commissioner of patents. An officer of the United States government, being at the head of the bureau of the patent-office.

— Commissioners of bail. Officers appointed to take recognizances of bail in civil cases.

— Commissioners of bankrupts. The name given, under the former English practice in bankruptcy, to the persons appointed under the great seal to execute a commission of bankruptcy, (g. v.)

— Commissioners of circuit courts. Officers appointed by and attached to the circuit courts of the United States, performing functions partly ministerial and partly judicial. To a certain extent they represent the judge in his ab-sense. In the examination of persons arrested for violations of the laws of the United States they have the powers of committing magistrates. They also take bail, recognizances, affidavits, etc., and hear preliminary proceedings for foreign extradition. In re Co.m'rs of Circuit Court (C. C.) 65 Fed. 317.

— Commissioners of deeds. Officers empowered by the government of one state to reside in another slate, and there take acknowledgments of deeds and other papers which are to be used as evidence or put on reconi in the former state.

— Commissioners of highways. Officers appointed in each county or township, in many of the states, with power to take charge of the altering, opening, repair, and vacating of highways within such county or township.

— Commissioners of sewers. In English law. Commissioners appointed under the great seal, and constituting a court of special jurisdiction; which is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers, or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, St. 3 & 4 Wm, IV. c. 22, § 10; 3 Steph. Comm. 442.

— County commissioners. See Countv.

A person holding a commission for the discharge of certain duties, as the execution of a public office.

A person to whom a commission is directed by the government or a court. In the governmental system of the United States, this term denotes an officer who is charged with the administration of the laws relating to some particular subject-matter, or the management of some bureau or agency of the government. Suvh are the commissioners of education, of patents, of pensions, of fisheries, of the general land-oflice, of Indian affairs, etc. In the state governmental systems, also, and in Kngland, the term is quite extensively used as a designation of various officers having a similar authority and similar duties,

[L. Lat. commissionarius.] A person holding a commission for the discharge of certain duties, as the execution of a public office. Cowell. See Commission. A person holding a commission to take affidavits or depositions and the acknowledgments of deeds, is frequently simply termed a commissioner. A person to whom a commission is directed, authorizing the performance of certain specific acts, as the examination of witnesses. Jacob.

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.