Commutation

the substitution of a lesser type of punishment for the punishment actually imposed at trial.

Defined by the Supreme Court in Schick v. J Reed, 419 U.S. 256 (1974).

The change of a punishment to which a person has been condemned into a less severe one. This can be granted only by the executive authority in which the pardoning power resides. Not a conditional pardon, but "the substitution of one punishment known to the law for another and different punishment, also known to the law." 1 Nev. 321. The substitution of a punishment of a lower degree for one of a higher degree. 257 111. 566.

The change of a punishment to which a person has been condemned into a less severe one. This can be granted 321; In re Victor, 31 Ohio St. 206; Lee v. Murphy, 22 Gratt (Va.) 789, 12 Am. Re; See Pbisoneu.

In criminal law. Change; substitution. The substitution of one punishment for another, after conviction of the party subject to it. The change of a punishment from a greater to a less; as from hanging to imprisonment. Commutation of a punishment is not a conditional pardon, but the substitution of a lower for a higher grade of punishment, and is presumed to be for the culprit's benefit In re Victor, 31 Ohio St. 207; Ex parte Janes, 1 Nev. 321; Rich v. Chamberlain, 107 Mich. 381, 65 N. W. 235. In civil matters. The conversion of the right to receive a variable or periodical payment into the right to receive a fixed or gross payment. Commutation may be effected by private agreement, but It is usually done under a statute.

— Commutation of taxes. Payment of a designated lump sum (permanent or annual) for the privilege of exemption from taxes, or the settlement in advance of a specific sum in lieu of an ad valorem tax. Cotton Mfg. Co. v. New Orleans, 31 La. Ann. 440.

— Commutation of tithes. Signifies the conversion of tithes into a fixed payment in money.

— Commutation ticket. A railroad ticket giving the holder the right to travel at a certnin rate for a limited number of trips (or for an, unlimited number within a certain period of time) for a less amount than would be pnid in the aggregate for so many separate trips. Interstate Commerce Com'n v. Baltimore & O. B. Co.. (C. C.) 43 Fed. 56.

Substitution, as, of a money payment tax for a personal service, or, after conviction, for another, particularly of a lesser punishment

i Putting one thing for another; substitution. As, of a tax, for a personal service; an annuity to a tribe of Indians, for goods; rations to a soldier, for money; * an artificial limb, for its value in money.' Commutation of p Tinishmeiit. The substitution of a less for a greater penalty or punishment; ' the change of one punishment for another and diflferent punishment, both being known to the law.s See Pardon. Commutable; commutative. Capable or admitting of substitution; not interchangeable for another — of less or equal »La. Civ. Code, 2375, 2393; 10 La. 146, 172, 181; 13 id. 698. See as to Texas, Hanriok v. Patrick, 119 U. S. 172 (1886), cases. ' Tibbetts v. Fore, 70 Cal. 244-^5 (1886), cases; Schuyler V. Broughton, ib. 283 (1886), cases. s Schriber v. Eapp (Harmony Society), 5 Watts, 3B1, 360 (1836); Baker v. Naohtrieb, 19 How. 126 (1856); Speiiel v. Henrici, 120 U. S. 377 (1887). ' L. commufare, to exchange with. » United States v. Lippitt, 100 U. S. 663, 670 (1879). • K. S. § 4788. value or degree. Opposed, incommutable, incommutative, non-commutable.

punishments, is the change of a punishment to which a person has been condemned fora less rigorous one. This can be granted only by the executive authority in which the pardoning power resides.