COMMODUM

Commodum. Profit; gain; advantage.

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 another'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 owner's right to feed cattle on another'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 undertakes 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 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 criminals.

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 nonstatute law.

Common nuisance. One which affects 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.

COMMUNICARE

Commons. Public grounds; the lower house of parliament; English freeholders not of the peerage.

Commonty. The common alt y; (Scotch) land owned in common and usually subject to certain servitudes.

Commonweal. Public welfare.

Commonwealth. The public; the state; the body politic; England during the Interregnum, 16491660. 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. Parliament.

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 property held in common.

Communi observantia non est recedendum. There must be no departure from common practice. See 9 Mont. 452, 8 L. R. A. 629, 23 Pac. 1018. Communia.

Communia

pasture.

Communia piscary.

Common.

pasturae. Common of

piscariae. Common of

Communis

scriptura. A common writing; a deed. Communis stirpes. Common stock or ancestry.

Communitas regni angliae. Parliament.

Communiter usitata et approbata.

Things commonly used and approved.

Community. A town; a munici

pality; a district; a neighborhood; husband and wife. Community property. Property

owned in common by husband and wife. See 12 Cal. 247, 73 Am. Dec. 538.

Commutation. Substitution; the substitution of a lesser punishment. Commutation of tithes. Paying

tithes in money Commutative contract. A contract by which each party is to receive the equivalent of what he is to give.

Commutative justice. Justice mutually done.

Comorant. A resident.

Compact. A contract; a treaty.

was

Comparison

as

Comparative negligence. An obsolete doctrine whereby contributory negligence was no bar to measured recovery but against that of the defendant, See 115 Ill. 358, 3 N. E. 456. Comparere. To appear. Comparison of handwriting. The identification of an instrument as genuine by comparing it with a known specimen of the writing of the alleged writer. See 1 Leigh (Va.), 216.

Compartner. A copartner

Compascuum. Common of pasture. Compass. To plot; to contrive. Compaternity. The relation of godparent.

Compatibility. Such reconcilability in two or more offices that one person may fill them. Compear. (Scotch) To enter an appearance in person or by attorney. Compearance. (Scotch) Appearance. Compendia sunt dispendia. Short cuts are wasteful.

Compensacion. (Spanish) Setoff. Compensatio. The Roman law setoff. See 3 Bl. Comm. 305. Compensatio criminis. Recrimination.

Compensation. Consideration;

muneration; restoration.

re

Comperendinatio. (Roman Law) The putting off of a trial to the third

day.

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 construction 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 inference. See 28 Minn. 69, 9 N. W. 75.

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

CONCURRENT

fact. See 13 N. Y. 509, 67 Am. Dec. 62.

Conclusive presumption. A presumption 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 covenant. In civil law, a còmposition deed.

Concourse of actions. (Scotch) The simultaneous maintenance of a civil action and a criminal prosecution for the same act. Concrimination. Accusation of two or more for the same offense. Concubaria. A cattle-pen. Concubeant. Lying together. Concubinage. Continuous and regular illicit intercourse. See 124 Ill. 607, 7 Am. St. Rep. 391, 17 N. E. 68.

Concubinatus. A legalized concubinage 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; running together.

Concurrent consideration. One received when one is given. Concurrent jurisdiction. Equal jurisdiction of two or more courts over the same matter. See 89 Me. 41, 35 Atl. 1007.