Legal Term Dictionary

In ecclesiastical law. Such as are written by one bishop to another on behalf of any of the clergy, or others of his diocese traveling thither, that they may be received among the faithful, or that the clerk may be promoted, or necessaries administered to others, etc Wharton.

In ecclesiastical law. Such as are written by one bishop to another on behalf of any of the clergy, or others of his diocese traveling thither, that they may be received among the faithful, or that the clerk may be promoted, or necessaries administered to others, etc Wharton. Less...

In feudal law. One who intrusts himself to the protection of another. Spelman. A person who, by voluntary homage, put himself under the protection of a superior lord. Cowell.

In feudal law. One who intrusts himself to the protection of another. Spelman. A person who, by voluntary homage, put himself under the protection of a superior lord. Cowell. Less...

Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, More...

Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transportation of persons as well as of goods, both by land and by sea. Brennan v. Titusville, 153 TJ. S. 280, 14 Sup. Ct 829, 38 L. Ed. 719; Railroad Co. v. Fuller, 17 Wall. 568, 21 L. Ed. 710; Winder v. Caldwell, 14 How. 444, 14 L. Ed. 487; Cooley v. Board of Wardens, 12 How. 209,13 L. Ed. 996; Trade-Mark Cases, 100 U. S. 96 25 LL Ed. 550; Gibbons v. Ogden, 9 Wheat 1, 6 L. Ed. 23; Brown v. Maryland, 12 Wheat 448, 6 L. Ed. 678; Bowman v. Railroad, 125 U. S. 465, 8 Sup. Ct 689, 31 L. Ed. 700; Lelsy v. Hardin, 135 U. S. 100, 10 Sup. Ct 681, 34 L. Ed. 128; Mobile County V. Kimball, 102 U. S. 691, 26 L. Ed. 238; Corfleld v. Coryell, 6 Fed. Cas. 546; Fuller v. Railroad Co., 31 Iowa, 207; Passenger Cases, 7 How. 401, 12 LL Ed. 702; Robbing v. Shelby County Taxing Dist., 120 U. S. 489, 7 Sup. Ct 592, 30 L. Ed. 694; Arnold v. landers, 56 Ohio St 417, 47 N. E. 60, 60 Am. St Rep. 753; Fry v. State, 63 Ind. 562, 30 Am. Rep. 238; Webb v. Dunn, 18 Fla. 724; Oilman v. Philadelphia, 8 WalL 724, 18 L. Ed. 96. Commerce is a term of the largest import It comprehends intercourse for the purposes of trade in any and all its forms, including the transportation, purchase, sale, and exchange of commodities between the citizens of our country and the citizens or subjects of other countries, and between the citizens of different states. The power to regulate it embraces all the instruments by which such commerce may be conducted. Welton v. Missouri, 91 U. S. 275. 23 L. Ed. 347. Commerce is not limited to an exchange of commodities only, but includes, as well, intercourse with foreign nations and between the states; and includes the transportation of passengers. Steamboat Co. v. Livingston, 3 Cow. (N. Y.) 713; People v. Raymond,'34 Cal. 492. The words "commerce" and "trade" are synonymous, but not identical. They are often used interchangeably; but, strictly speaking, commerce relates to Intercourse or dealings with foreign nations, states, or political communities, while trade denotes business intercourse or mutual traffic within the limits of a state or nation, or the buying, selling, and exchanging of articles between members of the same community. See Hooker T. Vandewater, 4 Denio (N. Y.) 353, 47 Am. Bee. 258; Jacob; Wharton. —Commerce with foreign nations. Commerce between citizens of the United States and citizens or subjects of foreign governments; commerce which, either immediately or at some stage of its progress, is extraterritorial. U. S. v. Holliday, 3 Wall. 409,18 L. Ed. 182; Veazie v. Moor, 14 How. 573, 14 L. Ed. 545; Lord v. Steamship Co.. 102 U. S. 544, 28 L. Ed. 224. The same as "foreign commerce." which see i*/ra.—Commerce with Indian tribes. Commerce with individuals belonging to such tribes, in the nature of buying, selling, and exchanging commodities, without reference to the locality where carried on, though it be within the limits of a state. U. S. v. Holliday, 3 Wall. 407. 18 I* Ed. 182 j U. S. v. Cisna, 25 Fed. Gas. 424.—Domestic commerce. Commerce carried on wholly within the limits of the United States, as distinguished from foreign commerce. Also, commerce carried on within the limits of a single state, as distin- r tshed from Interstate commerce. Louisville N. R. Co. v. Tennessee R. R. Com'n (C. C.) 10 Fed. 701.—Foreign commerce. Commerce or trade between the United States and foreign countries. Com. v. Housatonic R. Co., 143 If ass. 264. 9 N. BL 647; Foster v. New Orleans, 94 U. S. 246, 24 L. Ed. 122. The term is sometimes applied to commerce between ports of two stater states not lying on the same coast, e. g., New York and San Francisco.—Internal commerce. Such as is carried on between individuals within the same state, or between different parts of the same state. Lehigh Val. R. Co. v. Pennsylvania, 145 U. S. 192, 12 Sup. Ct 806, 36 L. Ed. 672; Steamboat Co. v. Livingston, 8 Cow. (N. Y.) 713. Now more commonly called "intrastate" commerce.—International commerce. Commerce between states or nations entirely foreign to each other. Louisville ft N. R. Co. v. Tennessee R. R. Com'n (C C.) 19 Fed. 701.—Interstate commerce. Such as is carried on between different states of the Union or between points lying in different states. See INTERSTATE COMMERCE.— Intrastate commerce. Such as is begun, carried on, and completed wholly within the limits of a single state. Contrasted with "interstate commerce," (q. v.) Less...

War contracts. Compacts entered into by belligerent nations to secure a temporary and limited peace. 1 Kent Comm. 159. Contracts between nations at war, or their subjects.

War contracts. Compacts entered into by belligerent nations to secure a temporary and limited peace. 1 Kent Comm. 159. Contracts between nations at war, or their subjects. Less...

Relating to or connected with trade and traffic or commerce in general. U. a v. Breed, 24 Fed. Cas. 1222; Earnshaw v. Cadwalader, 145 U. S. 258, 12 Sup. Ct 851, 36 L. Ed. 693; Zante Currants (O. C) 73 Fed. 189. —Commercial agency. The same as a "mercantile" agency. More...

Relating to or connected with trade and traffic or commerce in general. U. a v. Breed, 24 Fed. Cas. 1222; Earnshaw v. Cadwalader, 145 U. S. 258, 12 Sup. Ct 851, 36 L. Ed. 693; Zante Currants (O. C) 73 Fed. 189. —Commercial agency. The same as a "mercantile" agency. In re United States Mer-; cantile Reporting, etc., Co., 52 Hun, 611, 4 N. Y. Supp. 916. See MERCANTILE.—Commercial agent. An officer in the consular service of the United States, of rank inferior to a consul. Also used as equivalent to "Commercial broker," see tn/m.—Commercial broker. One who negotiates the sale of merchandise without having the possession or control of it, being distinguished in the latter particular from a commission merchant Adkins v. Richmond, 98 Va. 91, 34 S. EX 967, 47 U It A. 583, 81 Am. St. Rep. 705; In re Wilson, 19 D. C. 349, 12 L. R. A. 624: Henderson v. Com., 78 Va. 489.—Commercial corporation. One engaged in commerce in the broadest sense of that term; hence including a railroad company. Sweatt v. Railroad Co., 23 Fed. Cas. 530.—Commercial domicile. See DOMICILE.—Commercial insurance. See INSURANCE.—Commercial law. A phrase used to designate the whole body of substantive jurisprudence applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pursuits. It is not a very scientific or accurate term. As foreign commerce is carried on by means of shipping, the term has come to be used occasionally as synonymous with "maritime law;" but, in strictness, the phrase "commercial law" is wider, and includes many transactions or legal questions which have nothing to do with shipping or its incidents. Watson v. Tarpley, 18 How. 521, 15 L. Ed. 509; Williams v. Gold Hill Min. Co. (C. C.) 96 Fed. 464.—Commercial mark. In French law.. A trade-mark is specially or purely the mark of the manufacturer or producer of the article, while a "commercial" mark is that of the dealer or merchant who distributes the product to consumers or the trade. La Republique Francaise v. Schultz (C. C.) 57 Feu. 41.—Commercial paper. The term "commercial paper" means bills of exchange, promissory notes, bank-checks, and other negotiable instruments for the payment of money, which, by their form and on their face, purport to be such instruments as are, by the law-merchant, recognized as falling under the designation of "commercial paper." In re Hercules Mut L. Assur. Soc., 6 Ben. 35, 12 Fed. Cas. 12. Commercial paper means negotiable paper given in due course of business, whether the element of negotiability be given It by the law-merchant or by statute. A note given by a merchant for money loaned is within the meaning. In re Sykes, 5 Biss. 113, Fed. Cas. No. 13,706.—Commercial traveler. Where an agent simply exhibits samples of goods kept for sale by his principal, and takes orders from purchasers for such goods, which goods are afterwards to be delivered by the principal to the purchasers, and payment for the goods is to be made by the purchasers to the principa.1 on such delivery, such agent is generally called a "drummer" or "commercial traveler. Kansas City v. Collins, 34 Kan. 434, 8 Pac 865; Olney v. Todd, 47 111. App. 440; Ex parte Taylor. 58 Miss. 481. 38 Am. Rep. 336; State Miller. 93 N. C 511, 53 Am. Rep. 469. Less...

Lat In the civil law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract Commercinm jure gentium commune osso debet, et non in monopolium et privatum pauoorum qnaastum converton-duin. 3 Inst 181. Commerce, by the law of nations, ought to be common, and not converted to More...

Lat In the civil law. Commerce; business; trade; dealings in the nature of purchase and sale; a contract Commercinm jure gentium commune osso debet, et non in monopolium et privatum pauoorum qnaastum converton-duin. 3 Inst 181. Commerce, by the law of nations, ought to be common, and not converted to monopoly and the private gain of a few. Less...

The commonalty or the people.

The commonalty or the people. Less...

In old practice. A clause sometimes added at the end of writs, admonishing the sheriff to be faithful in executing them. Bract fol. 398.

In old practice. A clause sometimes added at the end of writs, admonishing the sheriff to be faithful in executing them. Bract fol. 398. Less...

In old French law. Forfeiture; the forfeiture of a fief; the penalty attached to the ingratitude of a vassal Guyot, Inst Feod. c. 12.

In old French law. Forfeiture; the forfeiture of a fief; the penalty attached to the ingratitude of a vassal Guyot, Inst Feod. c. 12. Less...

In French law. A person who receives from a meeting of shareholders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the apports en nature, (q. v.) The name is also applied to a judge who receives from a court a special More...

In French law. A person who receives from a meeting of shareholders a special authority, viz., that of checking and examining the accounts of a manager or of valuing the apports en nature, (q. v.) The name is also applied to a judge who receives from a court a special mission, e. p., to institute an inquiry, or to examine certain books, or to supervise the operations of a bankruptcy. Arg. Fr. Merc Law, 551. Less...