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COMMODUM

COMMON

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

COMMUNICARE

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

common law.

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

COMPERENDINATIO

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.

day.

Poved,

tion.

COMPERTORIUM

COMPURGATION

m

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.

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COMPURGATOR

CONCURRENT

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.

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

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