Page:Black's Law Dictionary (Second Edition).djvu/238

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


COMMUNIS PARIES

COMMUNIS PARIES. In the civil law. A common or party Wi1IL Dig. 8, 2, 8, 13.

COIVIMIUNIS RIXATRIX. In aid English law. A common scold. (41. v.) 4 B1. Comm. 168.

COMMUNIS SCRIPTURA. In old English law. A common writing, a writing com- mon to both parties; a chirograph. Gian. iii). 8, c. 1.

COMMUNIS STII-‘I-IS. A common stock of descent; a common ancestor.

COMMUNISM. A name given to pro- posed systems of life or social organization based upon the fiindamental principle of the nonexistence of private property and of a community of goods in a society.

An equality of distribution of the physicai meuns OI life and enjoyment as u tmiisiiion to a still higher standard of justice that all should work according to their capacity and receive according to their vinnts. 1 Hill. Poi. 2 S.

COMMUNITAS REGNI ANGLIE. The gencial asseinbiy of the kingdom of England. One of the ancient names of the English parliament 1 Bl. Comm. 1-18.

COMMUNITY. A society of people living in the same place, under the same laws and reguiations, and who have common rights and privileges. In re Buss. 126 N. Y. 537, 27 I\. E. 78-}, 12 L. R. A. 620; Giiman V. Divight, 13 Gray (Mass) 356. 74 Am. Dec. 084: Cunningham v. Underwood, 116 Fed. 803. 53 C. C. A. 99; Berkson v. Railway 0)., 1-14 M0. 211, 45 S. W. 1119.

In the civil law. politic Dig. 3, 4.

In French law. A species of partnership which a man and a woman contract when they are lawfully married to each other.

—-Cnrnmnnity debt. One chiirgesbie to the community (of husband and wife) rather than to either of the parties individually. Calhoun \‘. Leary, 6 W:isli. 17. 32 Pac. 10T(i.—Com- munity of profits. ‘This term, as used in the definition of a partnership to which a com- ‘ ' means a propri- elorship in them as dist .2 "Jfd from a personal claim upon the oiher ociate, a propcrty right in them from the start in one associate as much as in the other. Bradley v. Ely. 24 Ind. App. 2, 56 N. E. 44, 79 Am. Si. Rep. 251: Moore v. Williams. 26 Tex. Cviv. App. 1 2, ()2 S. W. 977.—CnnnnIuiity property. Com- munity property is property acquired by liiis- hand and wife, or either, during marriage, when not acquired as the soparnte property of either. in re Lux's Estate. 114 Cal. 73, 45 Pac. 10...; Mitiheli v. lllitciiell. SO Tex. 101. 15 S. W. 70-3: Amos v. Hubhy, 49 Tex. 705; r. Jackson, 3 “ash. '1‘. 235. 3 Pic 84.1; Civ. Code Cai. § 687. This partnership or com- munity consists of the profits of aii the effects of which the Ilu~‘Iifll'ilI has the administration and enjoyment, either of right or in fact, of the produce or the reciprocal industry and labor uf hoth husband and wife. rind of the estates which they may acquire dniinq the marriage. ciiher by donations made jnintly to them both.

A corporation or body

230

COMPANIES OLAUSEE

or by purchase, or in any other similar way. even although the purchase be only in the name of one of the two, and not of both. hcciiusc in that case the period of time when the pui--_hie'c is made is alone attended to, and not the pet- §)l'iI[i)2\7VIJ0 made the purchase. Civ. Code Lii, art.

COMMUTATION. In cyriminal Law. Chaiige; substitution. The substitution of one punishment for another, after conviction of the party subject to it The change of ii punishment from 11 greater to a iess; as from hanging to iiuprisonmciit.

Commutation of a punishment is not a conditional purdou, but the substitution of ii lower for a higher grade of punishment and is presumed to be for the cuipi-it's benefit. In re Victor, 31 Ohio St. 207; Ex partc Jani-.-, 1 Nev. 321; Rich v. Chamberiain, 107 Mich 381. I35 N. W 235.

In civil matters. '1‘ iie conversion of til right to receive a variable or periodical [.\i1!I meiit into the iight to iecolve a fixed or git‘ payment Comniutation may he effected by priv.ite agreement, but it is usuaily done under a statute

—-Commutation of taxes. Payment of a designated inmp sum [permanent or annual] ft‘: the privilege of exemption from taxes, or ii: settlement in advance of s specific sum in iieu of an ad vuiorcm tax. Cotton hiig. Co. v. New Orleans, 31 La Ann. -1-i0.—Canunntation of tithes. Signifies the cnnrersion of tithes into a fixed payment in monev.—Commntation ticket. A railroad ticket girlng the hoi-lcr the right to travei at a certain rate hr in limited number of trips ior for an unhinitd number within 21 certain period of time) (or a iess amount than would he paid in the amt! irate for so many separate trips. Iaterstmr Commerce Com‘n v. Baitimore & 0. R. 00. Q. G.) 43 Fed. 56.

COMMUTATIVE CONTRACT. CONTRACT.

See

COMMUTATIVEi JUSTICE. TICE.

See Jus-

COMPACT. An agreement or contract. Usually applied to conventions between antions or sovereign states.

A Compact is a mutual consent of parties concerned respecting some property or right that is the object of the stipulation, or sun: thing that is to be done or torhorue. Chest.- peake & 0. Canal 00. v. Baltimore 8: 0. 11 Co.. 4 Gill & J. (1\Ii'I.) L

The terms “compnct" and "contract" are synonymous. Green v. Biddle, 8 Wheat. 1. 92. 5 L. Ed. 547.

COMPANAGE.}} All kinds of food, ex- cept hread and drink. Speimnn.

COMPANIES CLAUSES CONSOLIDA- TION ACT. An English statute, (8 Vict. c. 10,) passed in 1845, which consoiiiliited the clauses of prev ions iaivs still reumiiiing in force on the sniiject or public compimiic It is considered as incorporated into nil sot»

sequent acts authorizing the execution of