mandate, (q. v.) Ruth. Inst. 105; Halifax, Analysis of the Civil Law, 70. If the service the party undertakes to perform for another is the custody of his goods, this particular sort of commission is called a charge. In a commission, the obligation on his part who undertakes it, is to transact the business without wages, or any other reward, and to use the same care and diligence in it, as if it was his own.

COMMISSION, office. Persons authorised to act in a certain matter; as, such a matter was submitted to the commission; there were several meetings before the commission. 4 B. & Cr. 850; 10 E. C. L. R. 459. COMMISSION, crim. law, is the perpetration of an offence; as there are crimes of commission and crimes of omission.

COMMISSIONER, officer. One who has a lawful commission to execute a public office; but in a more restricted sense it is one who is authorised to execute a particular duty, as, commissioner of the revenue, canal commissioner: the term when used COMMISSION, government.— in this latter sense is not applied, for Letters-patent granted by the go- example, to a judge. There are comvernment, under the public seal, to missioners, too, who have no regular a person appointed to an office, giv- commissions, and derive their authoing him authority to perform the rity from the elections held by the duties of his office. The commission people. County commissioners, in is not the appointment, but only evi- | Pennsylvania, are officers of the lat dence of it; and as soon as it is ter kind. signed and sealed, vests the office in the appointee. 1 Cranch, 137; 2 N. & M. 357; see Pet. C. C. R. 194; 2 Sumn. 299; 8 Conn. 109; 1 Penn. 297; 2 Const. Rep. 696; 2 Tyler,

235.

COMMISSION, practice. An instrument issued by a court of justice, or other competent tribunal, to authorise a person to take depositions, or do any other act by authority of such court, or tribunal, is also called a commission. For a form of a commission to take depositions, see Gresley, Eq. Ev. 72.

COMMISSION OF REBELLION, chan. prac., is the name of a writ issuing out of chancery generally directed to four special commissioners, named by the plaintiff, commanding them to attach the de

COMMISSIONERS OF BAIL, in practice, are officers appointed by some courts to take recognizances of bail in civil cases.

COMMISSIONS, in contracts, practice, are an allowance or compensation to an agent, factor, executor, trustee or other person who manages the affairs of others, for his services in performing the same. The right of agents, factors or other contractors to a commission, may either be the subject 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. Vend. Index, tit. Auctioneer. This com pensation 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 the party to prison, 2 Str. 934; 1 particular place, or in the particular Ld. Raym. 424. 4th, The prisoner business in which the agent is engag- should be described by his name and ed, the amount of commissions allow- surname, or the name he gives as his. ed to auctioneers, brokers and factors, 5th, The commitment ought to state is regulated by such usage. 3 Chit. that the party has been charged on Com. Law, 221; Smith on Merc. oath. 3 Cranch, R. 448. But see Law, 54; Story, Ag. § 326; 3 2 Virg. Cas. 504; 2 Bail. R. 290. Camp. R. 412; 4 Camp. R. 96; 2 6th, The particular species of crime Stark. R. 225, 294. The commis- charged against the prisoner should sion of an agent is either ordinary or be mentioned with convenient cerdel credere, (q. v.) The latter is an tainty. 3 Cranch, R. 448; 11 St. increase of the ordinary commission, Tr. 304, 318; Hawk. B. 2, c. 16, s. in consideration of the responsibility 16; 1 Chit. Cr. Law, 110. 7th, The which the agent undertakes, by mak-commitment should point out the ing himself answerable for the sol- place of imprisonment, and not vency of those with whom he contracts. Liverm. Agency, 3, et seq.; Paley, Agency, 88, et seq. In Pennsylvania the amount of commissions allowed to executors and trustees is generally fixed at five per centum on the sum received and paid out, but this is varied according to circumstances. 9 S. & R. 209, 223; 4 Whart. 98; 1 Serg. & Rawle, 241. In England no commissions are allowed to executors or trustees. Vern. R. 316, n. and the cases there cited; 4 Ves. 72, n.

1

COMMITMENT, criminal law, practice. The warrant or order by which a court or magistrate directs a ministerial officer to take a person to prison. The commitment is either for further hearing, (q. v.) or it is final. The formal requisites of the commitment are, 1st, that it be in writing under hand and seal, and show the authority of the magistrate, and the time and place of making it. 3 Har. & McHen. 113; Charlt. 280; 3 Cranch, R. 448; see Harp. R. 313, where it is said a seal is not indispensable. 2d. It must be made in the name of the United States, or of the commonwealth, or people, as required by the constitution of the United States or of the several states. 3d, It should be directed to the keeper of the prison, and not generally to carry

merely direct that the party be taken to prison. 2 Str. 934; 1 Ld. Ray. 424. 8th, In a final commitment, the authority to the keeper of the prison should be to keep the prisoner "until he shall be discharged by due course of law," when the offence is not bailable; when it is bailable the gaoler should be directed to keep the prisoner in his "said custody for want of sureties, or until he 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 called 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; Bac. Ab. h. t.; 4 Cranch, R. 129; 4 Dall. R. 412; 1 Ashm. R. 248; 1 Cowen, R. 144;

Conn. R. 502; Wright, R. 691; 2 Virg. Cas. 276; Hardin, R. 249; 4 Mass. R. 497; 14 John. R. 371; 2 Virg. Cas. 504; 1 Tyler, R. 444; U. S. Dig. 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

4. Common of estovers is a liberty | land and carriers by water. of taking necessary wood for the use or furniture of a house or farm from another man's estate. Ib.; 10 Wend. R. 639. See Estovers.

The right of common is little known in the United States, yet there are some regulations to be found in relation to this subject. The constitution of Illinois provides for the continuance of certain commons in that state. Const. art. 8, s. 8. All unappropriated lands on the Chesapeake Bay, on the shore of the sea, or of any river or creek, and the bed of any river or creek, in the eastern parts of the commonwealth, ungranted and used as common, it is declared by statute in Virginia, shall remain so, and not be subject to grant. 1 Virg. Rev. C. 142. In most of the cities and towns in the United States, there are considerable tracts of land appropriated to public use. These commons were generally laid out with the cities or towns where they are found, either by the original proprietors or by the early inhabitants. Vide 2 Pick. Rep. 475; 12 S. & R. 32; 2 Dane's Ab. 610; 14 Mass. R. 440; 6 Verm. 355.

See, in general, Vin. Abr. Common; Bac. Abr. Common; Com. Dig. Common; Stark. Ev. part 4, p. 383; Cruise on Real Property, h. t.; Metc. & Perk. Dig. Common, and Common lands and General fields.

COMMON BENCH, bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.

COMMON CARRIER, contracts, is one who undertakes for hire or reward to transport the goods of such as choose to employ him, from place to place. 1 Pick. 50, 53; 1 Salk. 249, 250; Story, Bailment, § 495. Common carriers are generally of two descriptions, namely, carriers by

Of the former description are the proprietors of stage coaches, and stage wagons, which ply between different places, and carry goods for hire; and truckmen, teamsters, cartmen, and porters, who undertake to carry goods for hire, as a common employment, from one part of a town or city to another, are also considered as common car. riers. Carriers by water are the masters and owners of ships and steam-boats engaged in the transpor tation of goods for persons generally, for hire; and lightermen, hoymen, barge-owners, ferrymen, canal boatmen, and others employed in like manner, are so considered.

By the common law, a common carrier is generally liable for all losses which may occur to property entrusted to his charge in the course of business, unless he can prove the loss happened in consequence of the act of God, or of the enemies of the United States, or by the act of the owner of the property. 8 S. & R. 533; 6 John. R. 160; 11 John R. 107; 4 N. H. Rep. 304; Harp. R. 469; Peck. R. 270; 7 Yerg. R. 340; 3 Munf. R. 239; 1 Conn. R. 487; 1 Dev. & Bat. 273; 2 Bail. Rep. 157. It has been attempted to relax the rigor of the common law in relation to carriers by water, 6 Cowen, 266; but that case seems to be at variance with other decisions, 2 Kent, Com. 471, 472; 10 Johns. 1; 11 Johns. 107. In respect to carriers by land, the rule of the common law seems every where admitted in its full rigour in the states governed by the jurisprudence of the common law. Lou isiana follows the doctrine of the civil law in her code. Proprietors of stage coaches or wagons whose employment is solely to carry passengers, as hackney coachmen, are not deemed common carriers; but if the proprietors of such vehicles for passengers, also carry goods for hire, they are, in

respect of such goods, to be deemed common carriers. Bac. Ab. Carriers, A ; 2 Show. Rep. 128; 1 Salk. 282; Com. Rep. 25; 1 Pick. 50. The like reasoning applies to packet ships and steam-boats, which ply between different ports, and are accustomed to carry merchandise as well as passengers 2 Watts, R. 443; 5 Day's Rep. 415; 1 Conn. R. 54; 4 Greenl. R. 411; 5 Yerg. R. 427; 4 Har. & J. 291; 2 Verm. R. 92; 2 Binn. Rep. 74; 1 Bay, Rep. 99; 10 John. R. 1; 11 Pick. R. 41; 3 Stew. & Port. 135; 4 Stew. & Port. 382; 3 Misso. R. 264; 2 Nott & M. 88. But see 6 Cowen, R. 266. The rule which makes a common carrier responsible for losses of goods, does not extend to the carriage of intelligent beings; a carrier of slaves, is, therefore, answerable only for want of care and skill. 2 Pet. S. C. R. 150; 4 M'Cord, R. 223; 4 Port. R. 238.

goods by implication become bound to pay the freight; and the fact that the consignor is also liable to pay it, will not in such case make any dif ference. Abbott on Sh. part 3, c. 7, § 4.

What is said above relates to common carriers of goods. The duties, liabilities, and rights of carriers of passengers are now to be considered. These are divided into carriers of passengers on land, and carriers of passengers on water. First, of carriers of passengers on land. The duties of such carriers are, 1st, those which arise on the commencement of the journey; that is, 1. To carry passengers whenever they offer themselves and are ready to pay for their transportation; they have no more right to refuse a passenger if they have sufficient room and accommodation, than an innkeeper has a guest. 3 Brod. & Bing. 54; 9 A common carrier of goods is in Price's R. 408; 6 Moore, R. 141; all cases entitled to demand the price 2 Chit. R./1; 4 Esp. R. 460; 1 of carriage before he receives the Bell's Com. 462; Story, Bailm. § goods, and, if not paid, he may refuse 591.-2. To provide coaches reato take charge of them; if, however, sonably strong and sufficient for the he take charge of them without the journey, with suitable horses, traphire being paid he may afterwards pings and equipments.-3. To prorecover it. The compensation which vide careful drivers of reasonable becomes due for the carriage of skill and good habits for the journey; goods by sea, is commonly called and to employ horses which are freight, (q. v.); and see also Abb. steady and not vicious, or likely to on Sh. part 3, c. 7. The carrier is endanger the safety of the passenalso entitled to a lien on the goods gers.-4. Not to overload the coach for his hire, which, however, he may either with passengers or luggage.— waive, but if once waived, the right 5. To receive and take care of the cannot be resumed. 2 Kent, Com. usual luggage allowed to every pas497. The consignor or shipper is senger on the journey.-2dly, Their commonly bound to the carrier for duties on the progress of the jourthe hire or freight of goods, 1 T. ney.-1. To stop at the usual places, R. 659. But whenever the consignee and allow the usual intervals for the engages to pay it, he also may be- refreshment of the passengers, 5 come responsible. It is usual in Petersd. Ab. Carriers, p. 48, note. bills of lading to state, that the goods-2. To use all the ordinary preare to be delivered to the consignee cautions for the safety of passengers or to his assigns he or they paying on the road.-3dly, Their duties on freight, in which case the consignee the termination of the journey.-1. and his assigns by accepting the To carry the passengers to the end