英文法律词典 C-56

COMMISSION OF REB ELLION, chan. prac. The name of a writ¹ issuing out of chancery, generally directed to four special commissioners³, named by the plaintiff, commanding them to attach the defendant⁴ wheresoever he may be found within the state, as a rebel and contemner⁵ of the law, so as to have him in chancery on a certain day therein named. This writ may be issued after an attachment⁶ with proclamation, and a return of non est inventus. Blake's Ch. Pr. 102; Newl. Ch. Pr. 14.

COMMISSIONER², officer. One who has a lawful⁷ commission to execute a public office. In a more restricted sense it is one who is authorized⁸ to execute. a particular duty, as, commissioner of the revenue, canal commissioner. The term when used in this latter sense is not applied⁹, for example, to a judge. There are commissioners, too, who have no regular commissions and derive¹⁰ their author from the elections held by the people. County commissioners, in Pennsylvania, are officers of the latter kind.

COMMISSIONER OF PATENTS. The name of an officer of the United States whose duties are detailed¹¹ in the act to promote the useful arts, &c., which will be found under the article Patent.

COMMISSIONERS OF BAIL¹², practice. Officers appointed by some courts to take recognizances of bail in civil cases.

COMMISSIONERS OF SEWERS¹³, Eng. law. Officers whose duty it is to repair sea banks aud walls, survey rivers, public streams, ditches, &c.

COMMISSlONS, contracts, practice. An allowance of compensation to an agent, factor, executor, trustee or other person who manages the affairs of others, for his services in performing the same.

2. The right of agents, factors or other contractors¹⁴ to commissions, may either be the subjeot of a special contract, or rest upon the quantum meruit. 9 C. & P. 559; 38 E. C. L. R. 227; 3 Smith's R. 440; 7 C. & P. 584; 32 E. C. L. R. 641; Sugd. Vend¹⁵. Index, tit. Auctioneer

3. This compensation is usually the allowance of a certain, per centage upon the actual amount or value of the business done. When there is a usage of trade at the particular place, or in the particular business in which the agent is engaged, the amount of commissions allowed to auctioneers, brokers¹⁶ and factors, is regulated by such usage. 3 Chit. Com. Law, 221; Smith on Mere¹⁷. Law, 54; Story, Ag. 326; 3 Camp. R. 412; 4 Camp. R. 96; 2 Stark¹⁸. 225, 294.

4. The commission of an agent is either ordinary or del credere. (q. v.) The latter is an increase of the ordinary commission, in consideration of the responsibility which the agent undertakes, by making himself answerable for the solvency¹⁹ of those with whom he contracts. Liverm. Agency, 3, et seq.; Paley, Agency, 88, et seq.

5. In Pennsylvania, the amount missions allowed to executors and trustees is generally fixed²⁰ at five per centum on the sum received and paid out, but this is varied²¹ according to circumstances. 1 9 S. & R. 209, 223; 4 Whart. 98; 1 Serg. & Rawle, 241. In England, no commissions are allowed to executors or trustees. 1 Vern. R. 316, n. and the cases there: cited. 4 Ves. 72, n.