Page:Black's Law Dictionary (Second Edition).djvu/237

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COMMUNE

bellfon where there is a usurped power. 2 Rush. Ins. 793; Boon v. Insurance Co._ 40 "our. 584; Grame v. Assur. Soc.. 112 U. S. 273. 5 Sup. Cl; 1.30, 28 L. Ed. 716; Spruill v. insurance Co._ 46 N. C. 127.

COMMUNE, n. A self governing town or xlilage. The name given to the committee of rim people in the French revolution of 1793; uni again. in the revolutionary uprising of H11. it signified the attempt to establish itroiute self-government in Paris, or the In» of those concerned in the attempt. In -du Breuch l‘iw, it signified any municipal mrpnration. And in old English law, the mumonnity or common people. 2 Co. Inst. (-10.

COMMUNE, ad]. mt. Common.

—Conunnne eoncilium regni. The common unrii of the realm. One of the numes of the lrfih pariiament.—Commn.ne forum. The numm place of justics The seat of the [Il‘T?"p"ll courts. especially those that are fixed. —Oommnne placitnm. ln old English law. 4 ctjmulflll plea or civil action, such as an at u a of debt.—Commn.ne vinonlnm. compun or mutual hond. Applied to the common lime]: of consanguinity, and to the feudal bond I! fruity, as the common bond of union be- rucon lord and tenant. 2 Bl. Comm. 250: .1 Bl. Comm. 230.

COMMUNI CUSTODIA. In English law.

An ohsoicte writ which anciently lny for the lord, whose tenant, holding by knight's srrrice. died, and ieit his eidest son under

' are, against a stranger that entered the land.

and obtained the ward at the body. Reg. Orig. 161. COMMUNI DIVYDUNDO. In the civil

law. An action which lies for those who have property in common, to procure a divi- slnn. It lies where parties hold land in com- mon but not in partnership. Calvin.

COMMUNIA. In old English law. Com- unn things, rcs communes. Such as running miter, the air, the sea, and sea shores. Dract. fol. 7b.

COMMUNIA PLACITA. In old Engilsh law. Common pleas or actions; those between one snhject and another, a distinmlhed from plans of the crown.

CDMMUNTA PLACITA NON TEN- ENDA IN SCACCARIO. An ancient Writ United to the treasurer and barons of the Itheqner, forbidding them to hold pleas inn.-n common persons (6. e.. not debtors D the king, who alone originally sncd and were sued there) in that court, where neither of the parties belonged to the same. Reg. Orig. 187.

OOMMITNIJ!-1. In feudal law on the con- Ilent of Europe. this name was given to towns enfranchised by the crown, about the

229

COMMUN I5 OPINIO

twelfth century, and formed into free corpo- rations by grants called "charters of com- mnnity."

COMMUNIBUS ANNIS. years; on the annuai average.

In ordinary

COMMUNICAITON. Information given; the sharing of knowledge by one with an- other; coufcrence; consultation or hnrgnining preparatory to making a contract. Also intercourse; connection.

In French law. The production or a merchant's hooks by delivering them either to a person designated by the court, or to his adversary, to be examined in all their parts, and us shall be deemed necessary to the suit. Arg_ Fr. Mere. Law. 552.

—ConfldentinI communications. These are certain classes of communications. passing between persons who stood in a confide-ntiui or fiduciary rclaiion to ench other. (or who, on account of their reiative situation, are under a speciai duty of secrecy and fideixty.) which the iaw wiil not permit to be divulged, or allow them to be inquired into in A: court of justice. for the sake of public policy and thc good order of society. Exnmpies of such privileged re- lations are those of husband and wife and attorney nnd client. Hutton v. Robinson, 14 Pick. (Mass) 416. 25 Am. Dec. 415: Parker v. Carter. 4 Munf. (Va.) 287. 6 Am Dec. 513: Chirac v. Reinickel‘ 11 Wheat. 280. 6 L. Ed. 474: Parkhurst v. Berdril. 110 N. Y. 330. 13 N. E. 123, 6 Am t. Rep. 384.—Prlv-ileged communication. In the law of evidence A communication made to a counsei. soiicitor. or nttorncy. in professional confidence, and which he is not permitted to divuige; otherwise called fl “confidentini communication." 1 Sturkie. Ev. 185. In the law of iibel and slunder. A defamatory statement made to another in pursu- ance of a duty. politicui. 'udicinl. socini or personal. so that an action or libei or shmder wiil not lie. though the statement be false. miles in the iast two cases some] malice be

roved in addition. Bacon v. Railroad Co.. 66 Klich. ms. 33 N, w. 181.

G5

COMMUNINGS. In Scotch law. The negotiations preliminary to the entering into I a contract.

COMMUNIO BONORUM. In the dlril

law. A term signifying a community (41. v.) of goods.

COMMUNION 01:‘ GOODS. In Scotch law. The right enjoyed by married persons in the movable goods belonging to them. Bell.

Connnnnis en-or fnelt jun. Common error makes law. 4 Inst 240; Noy, ax. p. 37, max. 27. Common error goeth for a law. Finch. Law. I). 1, c. 3. no. 54. Common error sometimes passes current as law. Broom. Max. 139, 149.

COMMUNIS OPINIO. Common opinion; general professional opinion. According to Lord Coke. (who places it on the looting of oilservatxce or usage.) common opinion is

good authority in law. 00. Litt. 1SGa.