Community

s 1.

Unity; mutuality; as, community of interest or of intention.

See Partnership.- 2.

In Louisiana, Texas, California, and perhaps in New Mexico and Arizona, a sj)ecies of partnership created between husband and wife by the contract of marriage, in acquisitions oi property made or received during the continuance of that relation. This community is conventional when formed by express agreement in the contract. 1 White V. Nicho Us, 3 How, S8G-92 (1845), cases, Daniel, J. As to newspaper publications, see 21 Cent. Law J; 86-90, 4:0-55 (1885), cases.

2 See O'Dona^hue v. M'Govern, 23 Wend. *29 (1840); Howard v. Thompson, 21 id. 825 (1839). s Coombs V. Rose, 9 Blackf. *157 (1846), cases. Contra, Fitzgerald v. Robinson, 112 Mass. 371-78 (1873). cases; Magrath v, Finn, 16 Alb. Law J, 186 (1877)

Irish Common Pleas

of marriage; legal, when it arises by operation of law — as where there is no express stipulation. At the dissolution of the relation the effects are divided equally, as between heirs. ^ Statutes upon the subject proceed upon the theory that the marriage, in respect to property acquired during its existence, is a community, of which each spouse is a member, equally conti-ibuting by his or her industry to its prosperity and possessing an equal right to succeed to the property after dissolution, in, the event of surviving the other. To the community all acquisitions by either, whether made jointly or separately, belong. No form of transfer or mere intent of parties can overcome this positive rule of law. All property is common property, except that owned previous to marriage or acquired after the relation has ceased. The presumption is against separate ownership. A pin-chase made with separate funds must be aflfinnatively established by clear and decisive proof. The husband has the entire control of the common property; and it is liable for his debts. ^ 3. A society of people having common rights, interests, or privileges in matters of property, representation, etc. An association by which each member surrenders his property into one common stock for the mutual benefit of all during their joint lives, with the right of survivorship, reserving to each member the right to secede at any time during his life, is not prohibited by law.* 4. A society of people possessing common political interests; a political society.

See State, 3 (3).