英文法律词典 C-58

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.

2. It is usual to select the committee from the next of kin; Shelf. on Lun. 137; and in case of the lunacy of the husband or wife, the one who is of sound mind is entitled, unless under very special circumstances, to be the committee of the other. Id. 140. This is the committee of the person. For committee of the estate, the heir at law is most favored. Relations are referred to strangers, but the latter may be appointed. Id. 144.

3. It is the duty of the committee of the person, to take care of the lunatic; and the committee of the estate is bound to administer the estate faithfully, and to account for his administration. He cannot in general, make contracts in relation to the estate of the lunatic, or bind it, without a Special order of the court or authority that appointed him. Id. 179; 1 Bouv. Inst. n. 389-91.

COMMITTEE, legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report to those who delegated this authority to them.

COMMITTITUR PIECE, Eng. law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of, the person who arrested him.

COMMlXTION, civil law. This term is used to signify the act by which goods are mixed together.

2. The matters which are mixed are dry or liquid. In the commixtion of the former, the matter retains its substance and individuality; in the latter, the substances no longer remain distinct. The commixtion of liquids is called confusion, (q. v.) and that of solids, a mixture. Lec. Elem. du Dr. Rom. 370, 371; Story, Bailm. 40; 1 Bouv. Inst. n. 506.

COMMODATE, contracts. A term used in the Scotch law, which is synonymous to the Latin commodatum, or loan for use. Ersk. Inst. B. 3, t. 1, 20; 1 Bell's Com. 225; Ersk. Pr. Laws of Scotl. B. 3, t. 1, 9.

2. Judge Story regrets this term has not been adopted and naturalized, as mandate has been from mandatum. Story, Com. 221. Ayliffe, in his Pandects, has gone further, and terms the bailor the commodant, and the bailee the commodatory, thus avoiding those circumlocutions, which, in the common phraseology of our law, have become almost indispensable. Ayl. Pand. B. 4, t. 16, p. 517. Browne, in his Civil Law, vol. 1, 352, calls the property loaned "commodated property." See Borrower; Loan for use; Lender.