Commission in United States

Commission Definition

(Lat. commissio; from comr mittere, to intrust to). An undertaking without reward to do something for another, with respect to a thing bailed. Rutherforth, Inst. 105. A body of persons authorized to act in a certain matter. 5 Barn. & C. 850. The act of perpetrating an offense. An instrument issued by a court of justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court or tribunal, is called a “commission.” For a form of a commission to take depositions, see Gresl. Eq. Ev. 72. Letters patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office. The commission is not the appointment, but only evidence of it, and, as soon as it is signed and sealed, vests the oflSce in the appointee. 1 Cranch (U.S.) 137; 2 Nott & McC. (S. C.) 357; 1 McCord (S. C.) 233, 238. See 1 Pet. (U.S.) 194; 2 Sumn. (U.S.) 299; 8 Conn. 109; 1 Pa. St. 297; 2 Const. (S. C.) 696; 2 Tyler (Vt.) 235. In Common Law. A sum allowed, usually a certain per cent upon the value of the property involved, as compensation to a servant or agent for services performed. See “Commissions.” Of Array. This 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 The introduction of commissions of lieutenancy, which contained, in substance, the same powers as these commissions, superseded them. 2 Steph.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. Of Assize. In English practice. A commission which formerly issued from the king, appointing certain persons as commissioners or judges of assize to hold the assizes in association with discreet knights during those years in which the justices in eyre did not come. Other commissions were added to this, which has finally fallen into complete disuse. See “Courts of Assize and Nisi Prius.” Of Bankrupt. A commission or authority formerly granted by the lord chancellor to such discreet persons as he should think proper, to examin.e the bankrupt in all matters relating to his trade and effects, and to perform various other important duties connected with bankruptcy matters. These persons were thence called “commissioners of bankruptcy,” and had in most respects the powers and privileges of judges in their own courts; but regularly constituted courts and judges in bankruptcy have now superseded such commissions and commissioners. Brown. Of Charitable Uses. 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. 43 Eliz. c. 4. Wharton. 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. 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 Bouv. Inst. Note 382 et seq. Of Partition. Formerly a partition was fected in England by issuing a commission to commissioners, to divide the property, and, on their return coming in, the parties were ordered to execute mutual conveyances to carry out the division. Haynes, Eq. 153. Similar commissions are still issued in some of the states. See “Partition.” Of Rebellion. In English law. A writ formerly issued out of chancery to compel an attendance. It was abolished by the order of August 8, 1841. 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. 67. Now out of use; the privy council being substituted for the court of dele- gates, as the great court of appeal in all ecclesiastical causes. 3 Steph. Comm. 432. 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 always 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. 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. Of Unlivery. 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 unlivery is issued and executed by the marshal. Williams & B. Adm. Jur. 233. To Take Answers in Equity. When a defendant in a suit lived more than twenty miles from London, there might have been a commission granted to take his answer in the country, where the commissioners administered to him the usual oath, and then the answer being sealed up, either one of the commissioners carried it up to court or it was sent by a messenger, who swore that he received it from one of the commissioners, and that the same had not been opened or altered since he received it. But latterly such an answer might be sworn in the country before any solicitor of the court who has been appointed a commissioner to administer oaths in chancery. The present answer in chancery, and at common law, is a mere affidavit, and is not a pleading. It is sworn anywhere before a solicitor who is a commissioner to administer oaths. Brown.

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Legal Issue for Attorneys

(Lat. commissio; from comr mittere, to intrust to). An undertaking without reward to do something for another, with respect to a thing bailed. Rutherforth, Inst. 105. A body of persons authorized to act in a certain matter. 5 Barn. & C. 850. The act of perpetrating an offense. An instrument issued by a court of justice, or other competent tribunal, to authorize a person to take depositions, or do any other act by authority of such court or tribunal, is called a “commission.” For a form of a commission to take depositions, see Gresl. Eq. Ev. 72. Letters patent granted by the government, under the public seal, to a person appointed to an office, giving him authority to perform the duties of his office. The commission is not the appointment, but only evidence of it, and, as soon as it is signed and sealed, vests the oflSce in the appointee. 1 Cranch (U.S.) 137; 2 Nott & McC. (S. C.) 357; 1 McCord (S. C.) 233, 238. See 1 Pet. (U.S.) 194; 2 Sumn. (U.S.) 299; 8 Conn. 109; 1 Pa. St. 297; 2 Const. (S. C.) 696; 2 Tyler (Vt.) 235. In Common Law. A sum allowed, usually a certain per cent upon the value of the property involved, as compensation to a servant or agent for services performed. See “Commissions.” Of Array. This 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. Of Assize. In English practice. A commission which formerly issued from the king, appointing certain persons as commissioners or judges of assize to hold the assizes in association with discreet knights during those years in which the justices in eyre did not come. Other commissions were added to this, which has finally fallen into complete disuse. See “Courts of Assize and Nisi Prius.” Of Bankrupt. A commission or authority formerly granted by the lord chancellor to such discreet persons as he should think proper, to examin.e the bankrupt in all matters relating to his trade and effects, and to perform various other important duties connected with bankruptcy matters. These persons were thence called “commissioners of bankruptcy,” and had in most respects the powers and privileges of judges in their own courts; but regularly constituted courts and judges in bankruptcy have now superseded such commissions and commissioners. Brown. Of Charitable Uses. 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. 43 Eliz. c. 4. Wharton. 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. 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 Bouv. Inst. Note 382 et seq. Of Partition. Formerly a partition was fected in England by issuing a commission to commissioners, to divide the property, and, on their return coming in, the parties were ordered to execute mutual conveyances to carry out the division. Haynes, Eq. 153. Similar commissions are still issued in some of the states. See “Partition.” Of Rebellion. In English law. A writ formerly issued out of chancery to compel an attendance. It was abolished by the order of August 8, 1841. 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. 67. Now out of use; the privy council being substituted for the court of dele- gates, as the great court of appeal in all ecclesiastical causes. 3 Steph. Comm. 432. 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 always 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. 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. Of Unlivery. 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 unlivery is issued and executed by the marshal. Williams & B. Adm. Jur. 233. To Take Answers in Equity. When a defendant in a suit lived more than twenty miles from London, there might have been a commission granted to take his answer in the country, where the commissioners administered to him the usual oath, and then the answer being sealed up, either one of the commissioners carried it up to court or it was sent by a messenger, who swore that he received it from one of the commissioners, and that the same had not been opened or altered since he received it. But latterly such an answer might be sworn in the country before any solicitor of the court who has been appointed a commissioner to administer oaths in chancery. The present answer in chancery, and at common law, is a mere affidavit, and is not a pleading. It is sworn anywhere before a solicitor who is a commissioner to administer oaths. Brown.

This definition of Commission is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Concept of Commission in Judicial Assistance

In this context, a definition of Commission may be as follows: A written authorization issued by a court of justice or a quasi-judicial body, or by a body acting in such a capacity, giving power to take the testimony of witnesses who cannot appear personally to be examined in the court or before the body issuing the commission. (See 22 CFR 92.53).