« ΠροηγούμενηΣυνέχεια »
Commodum. Profit; gain; advan.
tage. Commodum ejus esse debet cujus
periculum est. He who takes the
risk should have the profit. Commodum ex injuria sua non habere
debet. One ought not to profit by his own wrong. See XXV Eng.
Rul. Cas. 105. Common. The profit one has in an
other's land. Common appendant. A tenant's
prescriptive right to feed cattle on land not held by him, but
in the same manor. Common appurtenant. A land own
er's right to feed cattle on an.
other's land. Common assurances. Title deeds. Common at large. Same as Common
in gross. Common bail. Bail with fictitious
sureties. Common bar. Blank bar, a plea in
trespass compelling the plaintiff
to name the place. Common barratry. The practice of
committing barratry. Common barretor. One guilty of
common barratry. Common because of vicinage. The mutual license of persons in adjoining townships each to feed
cattle in the other. Common bench. The English court
of common pleas. Common carrier. One who under
takes for hire to transport from place to place goods of those who may employ him. See 21 How.
(U. S.) 7, 16 L. Ed. 41. Common chase. A place where all
might hunt. Common council. The governing body
of a town or city, or one house thereof.
Common counts. Particular formal
common-law counts of a declaration sounding in indebitatus assumpsit. See 67 Mich. 571, 35
N. W. 254. Common day. The period between
one midnight and the next. Common debtor. (Scotch) One
whose chattels have been seized
by several creditors. Common drunkard. One habitually
intoxicated. Common fine. A fine paid upon the
inhabitants of a district. . Common fishery. A place where all
may fish. Common form. The proving of a
will by the testimony of the ex
ecutor. Common highway. A public high
way. Common in gross. Common which is
personal, not running with the
land. Common in the soil. The right to
mine or quarry on another's land. Common informer. One making a business of informing against crim
inals. Common intendment. According to
ordinary meaning. Common intent. Ordinary meaning. Common jury. An ordinary trial
jury, not grand nor special. Common law. The unwritten or non
statute law. Common nuisance. One which af
fects the general public; a public
nuisance. Common of estovers. The right to
take wood from another's land. Common of piscary. The right to
fish on another's land. Common of turbary. The right to
dig turf on another's land.
Common pleas. Civil matters; the
court of common pleas. Common pur cause de vicinage.
Common because of vicinage. Common recovery. A fictitious form
of action by which a tenant in tail was able to convey his estate in fee simple. See 25 Fla. 942, 2
South, 258. Common sans nombre. A right to
pasture an unlimited number of
cattle. Common scold. A woman guilty of
habitual scolding. Common seal. The seal of a cor
poration. Common serjeant An assistant to
the recorder of the city of London. Common, tenants in. See Tenants
in common. Common vouchee. The fictitious
party in an action of common recovery who was named by the tenant as, his warrantor and
grantor. Commonable. Commonable beasts
are either beasts of the plough or such as manure the ground. See
2 Bl. Comm. 33. Commonage. Use in common with
others. Commonalty. The common people as
distinguished from peers. See 1
Bl. Comm. 403. Commonance. Those having the
right of common in an open field. Commoner. A member of the house
of commons; one of the commonalty; one having a right of common. Common-law procedure acts. Eng.
lish statutes of 1852, 1854, 1860, simplyfying forms of pleading and practice. Common-lawyer. One versed in the
Commons. Public grounds; the lower
house of parliament; English free
holders not of the peerage. Commonty. The common a lt y;
(Scotch) land owned in common and usually subject to certain ser
vitudes. Commonweal. Public welfare. Commonwealth. The public; the
state; the body politic; England during the Interregnum, 1649–
1660. Commorancy. Temporary residence. Commorant. Residing temporarily. Commorientes. Those dying together. Commote. (Welsh) Half a hundred. Commune. (French) A small town.
(Latin) Common. Commune bonum. Public welfare. Commune concilium regni. Parlia
ment. Commune placitum. A common plea;
a civil action. Commune vinculum. A common or
mutual bond. Communi dividendo. A Roman law
action for the partition of prop
erty held in common. Communi observantia non est reced
endum. There must be no departure from common practice. See 9 Mont. 452, 8 L. R. A. 629, 23
Pac. 1018. Communia. Common. Communia pasturae. Common of
pasture. Communia piscariae. Common of
piscary. Communia placita. Common pleas. Communia turbariae. Common of
turbary. Communibus annis. In ordinary
years. Communicare. To common.
Communings. Offers to deal with Companies act. An English statute or contract.
of 1862 regulating nonpartnership
companies. Communio bonorum Community of goods.
Company. A union of two or more
persons for the carrying on of a Communis. Common.
joint enterprise or business; a Communis bancus. The common partnership; a corporation; an as
bench, the English court of com sociation. mon pleas.
Comparatio literarum. Comparison Communis error facit jus. Com of handwritings. mon error makes law. See 154
Comparative negligence. An obsoMass. 290, 13 L. R. A. 275, 28
lete doctrine whereby contribuN. E. 260.
tory negligence was no bar to Communis opinio. Common opinion. recovery but was measured as
against that of the defendant, Communis paries. A party-wall.
See 115 Ill. 358, 3 N. E. 456. Communis rixatrix. A common
Comparere. To appear. scold.
Comparison of handwriting. The Communis scriptura. A common identification of an instrument as writing; a deed.
genuine by comparing it with a Communis stirpes. Common stock or
known specimen of the writing of ancestry.
the alleged writer. See 1 Leigh
(Va.), 216. Communitas regni angliae. Parlia
Compartner. A copartner ment.
Compascuum. Common of pasture. Communiter usitata et approbata.
Compass. To plot; to contrive. Things commonly used and approved.
Compaternity. The relation of godCommunity. A town; a munici
parent. pality: a district: a neighbor- Compatibility. Such reconcilability hood; husband and wife.
in two or more offices that one Community property. Property
person may fill them. owned in common by husband and
Compear. (Scotch) To enter an apwife. See 12 Cal. 247, 73 Am. pearance in person or by attorney. Dec. 538.
Compearance. (Scotch) Appearance. Commutation. Substitution; the sub Compendia sunt dispendia. Short
stitution of a lesser punishment. cuts are wasteful. Commutation of tithes. Paying Compensacion. (Spanish) Setoff. tithes in money
Compensatio. The Roman law setCommutative contract. A contract off. See 3 Bl. Comm. 305.
by which each party is to receive compensatio criminis. Recriminathe equivalent of what he is to give.
Compensation. Consideration; reCommutative justice. Justice mu
muneration; restoration. tually done.
Comperendinatio. (Roman Law) The Comorant. A resident.
putting off of a trial to the third Compact. A contract; a treaty.
Compertorium (Civil Law) A judi. Compositio ulnarum et perticarum.
cial inquest by delegates or com- An old English statute regulating missioners to find out and relate measures. See 1 Bl. Comm. 275. the truth of a cause.—Wharton.
Composition. A compromise; a con Comperuit ad diem. He appeared tract. at the day.
Composition deed. A contract be. Compester. To manure.
tween a debtor and his creditors
affecting an agreed adjustment of Competency. Legal fitness or quali
their claims. See 48 Minn. 317, fication.
51 N. W. 377. Competent. Legally qualified. Composition in bankruptcy. An Competent and omitted. (Scotch) of agreement whereby the bank.
rupt's creditors agree to accept a a plea which might have been of fered but was not.
certain percentage of their claims
in full settlement. See 44 Conn. Competent witness. One possessing
587, 17 Fed. Cas. (U. S.) 131. legal qualifications to testify. See
stily. See Composition of tithes. An agree
Comnosition 5 Mich. 60.
ment whereby the land owner disCompetere. To be available.
charges his land from liability for Competit assisa. An assize lies.
tithes. Competition. (Scotch) A contest
Compotus. An account. between creditors of a bankrupt Compound. To compromise; to setto establish their rank and prefer. tle out of court. ences.
Compound interest. Interest upon Complain. To file a complaint; to accrued interest added to interest make a formal charge or accusa
upon the principal sum. tion.
Compound larceny. Stealing from Complainant. The petitioner in an the person or from a dwellingequity suit; a plaintiff; a prose
house in daytime. See 85 Ky. cuting witness; one who files a 597, 4 S. W. 351.
formal charge or accusation. Compounding a felony. The offense Complaint. A formal charge or ac
of agreeing for a consideration ensation: a pleading correspond- not to prosecute a crime. See 16 ing to a common-law declaration; Mass. 91. a bill in equity; a libel in ad- Compromise. A settlement by agreemiralty. See 63 Kan. 610, 66 Pac. ment of matters in dispute. 641.
Compte arrête. (French) Same as Complice. Ar accomplice.
Account stated. Complicity. Involved as an accom. Compter. See Counter. plice.
Comptroller. Same as Controller. Complot. To plot; to conspire. Compulsion. Impelling one to do an Compos mentis. Of sound mind. act by physical or moral force. Compos sui. Possessing control of Compulsory. Under compulsion. one's self.
Compurgation. An old form of trial Compositio mensurarum. An old Eng. wherein the defendant could call
lish statute regulating weights. twelve compurgators to swear to See 1 Bl. Comm. 275.
their belief in his innocence.
Compurgator. One of those who in
a trial by wager of law swore to
the innocence of the defendant. Comte. (French) A count. Conacre. (Irish) A tenancy wherein
wages are wholly or partly cred
ited to rental. Concealer. One employed to dis
cover lands secretly kept from the
king. Concealment. A suppression or neg.
lect to disclose that which one knows and ought to communicate.
See 3 Conn. 413. Concedere. To grant. Concessi. I have granted. Concessimus. We have granted. Concessio. A grant. Concessio per regem fieri debet de
certitudine. A grant from the king ought to be of that which can
be ascertained. Concessio versus concedentem latam
interpretationem habere debet. A grant ought to have a broad con.
struction against the grantor. Concession. A grant. Concessor. A grantor. Concilium. A council. Conclusion. Matter in a declaration
following the statement of the cause of action. See 7 Ark. 282.
The formal closing of a plea. Conclusion of fact. Inferences
drawn from the subordinate or evidentiary facts. See 175 Ill.
480, 51 N. E. 775. Conclusion of law. A legal infer.
ence. See 28 Minn. 69, 9 N. W.
fact. See 13 N. Y. 509, 67 Am.
Dec. 62. Conclusive presumption. A pre
sumption which is not subject to rebuttal. See 81 App. Div. 183,
80 N. Y. Supp. 1002. Concord. Settlement; compromise. Concordare leges legibus est optimus
interpretandi modus. To reconcile laws with other laws is the
best method of interpreting them. Concordat. An agreement; a cove
nant. In civil law, a composition
deed. Concourse of actions. (Scotch) The
simultaneous maintenance of a civil action and a criminal prose
cution for the same act. Concrimination. Accusation of two
or more for the same offense. Concubaria. A cattle-pen. Concubeant. Lying together. Concubinage. Continuous and regu
lar illicit intercourse. See 124 Ill. 607, 7 Am. St. Rep. 391, 17
N. E. 68. Concubinatus. A legalized concu
binage under the Roman law. Concubine. A woman living with a
man as his wife, but not married to him. See 124 Ill. 607, 7 Am. St.
Rep. 391, 17 N. E. 68. Conculcavit et consumpsit. He
trampled upon and destroyed. Concur. To agree with; to make
claim with other creditors against
an insolvent's estate. Concurrent. Equal in rank; run
ning together. Concurrent consideration. One re.
ceived when one is given. Concurrent jurisdiction. Equal ju
risdiction of two or more courts over the same matter. See 89 Me. 41, 35 Atl. 1007.
Conclusion to the country. The
end of a plea tendering an issue
of fact for the jury. Conclusive evidence. Evidence
deemed as conclusively proving a