COM 



COM 



ment and company, to receive and in- 

 spect the muster rolls, and to keep an ex- 

 act state of the strength of the army. 



COMMISSARY general of stores, an officer 

 in the artillery, who has the charge of all 

 the stores, for which he is accountable to 

 the office of ordnance. 



COMMISSARY general of provisions, an 

 officer who has the inspection of the 

 bread and provisions of the army. 



COMMISSION, in common law, the 

 warrant or letters patent which all per- 

 sons exercising jurisdiction have, to em- 

 power them to hear or determine any 

 cause or suit : as the commission of the 

 judges, &c. Most of the great officers, 

 judicial and ministerial, of the realm are 

 made also by commission ; by means of 

 commission, oaths, cognizance of fines, 

 answers in chancery, &c. are taken ; wit- 

 nesses examjned,0ffices found, &c. 



COMMISSION of bankruptcy, is the com- 

 mission that issues from the Lord Chan- 

 cellor, on a person's becoming a bank- 

 rupt within any of the statutes, directed 

 to certain commissioners appointed to 

 examine into it, and to secure the bank- 

 rupt's lands and effects, for the satisfac- 

 tion of his creditors. 



COMMISSIONERS, Lords, of the Admiralty, 

 are five or seven persons appointed by 

 the crown, for executing the office of 

 Lord High Admiral, to whose jurisdiction 

 all maritime affairs are entrusted. See 

 ADMIRALTY COURT. 



COMMISSIONERS of the Navy, officers 

 appointed to superintend the affairs of 

 the marine, under the direction of the 

 Lords of the Admiralty. Their duty is 

 more immediately concerned in the build- 

 ing and repairing ships ; they have also 

 the appointment of certain officers. 



COMMITMENT, in law, the sending 

 of a person charged with some crime 

 to prison, by warrant or order. A com- 

 mitment may be made by the King and 

 council, by the judges of the law, the 

 justices of peace, or other magistrates, 

 who have authority by the laws and 

 statutes of the realm so to do. Every 

 commitment should be made by warrant, 

 under the hand and seal of the party 

 committing, and the cause of commit- 

 ment is to be expressed in the warrant. 

 The terms of it must also require the 

 criminal to be kept in custody till dis- 

 charged according to due course of 

 law, &c. Wheresoever a constable OP 

 person may justify the arresting another 

 for a felony, or treason, he may justify 

 the sending him or bringing him to the 

 common gaol. But it is most advisable, 

 for any private person, who arrests an- 



other for felony, to cause him to 

 brought as soon as possible before som'- 

 justice of peace, that he may be commit 

 ted or bailed by him. The privy -council 

 or any two of them, or a Secretary ot 

 State, may lawfully commit persons for 

 treason, and for other offences against the 

 state. All felons shall be committed to 

 the common gaol, and not elsewhere. 5 

 Hen. IV. c. 10. But vagrants and other 

 criminals, offenders, and persons charg- 

 ed with small offences, may, for such 

 offences, or for want of sureties, be com- 

 mitted either to the common gaol or 

 house of correction, as the justices in 

 their judgment shall think proper. 6 G. 

 c. 19. All persons who are apprehend- 

 ed for offences not bailable, and those 

 who neglect to offer bail for offences 

 which are bailable, must be committed ,- 

 and wheresoever a justice of peace is em- 

 powered to bind a person over, or to 

 cause him to do a certain thing-, he may 

 commit him, if in his presence he shall 

 refuse to be so bound, or do such a 

 thing. A commitment must be in writ- 

 ing, either in the name of the King, and 

 only tested by the person who makes it ; 

 or it may be made by such person in his 

 own name, expressing his office or au- 

 thority, and must be directed to the gaol- 

 er or keeper of the prison. The com- 

 mitment should contain the name and sur 

 name of the party committed, if known -, 

 if not known, it may be sufficient to de 

 scribe the person by his age, &c. and to 

 add, that he refuses to tell his name. It 

 ought to contain the cause, as for treason 

 or felony, or suspicion thereof; and also 

 the special nature of the felony, briefly., 

 as for felony, for the death of such an one, 

 or for burglary, in breaking the house of 

 of such an one. All commitments, ground- 

 ed on acts of parliament, ought to be con- 

 formable to the method prescribed by 

 them. And where a statute appoints im- 

 prisonment, but does not limit the time, 

 in such case the prisoner must remain at 

 the discretion of the court. If the goal- 

 er shall refuse to receive a felon, 

 or take any thing for receiving him, he 

 shall be punished for the same by the 

 justices of gaol delivery. But no per- 

 son can justify the detaining a prisoner in 

 custody, out of the common gaol, unless 

 there be some particular reason for so 

 doing; as if the party should be so 

 dangerously ill, that it would apparently 

 hazard his life to send him to gaol, or 

 that there be evident danger of a rescue 

 from rebels, or the like. The sheriff' or 

 gaoler shall certify the commitment tc 

 the nest gaol delivery. 



