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. 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 |