community

A society of people living in the same place, under the same laws and regulations, and who have common rights and privileges. In re Huss, 126 N. Y. 537, 27 N. E. 784, 12 In R. A. 620; Gilman v. Dwight, 13 Gray (Mass.) 356, 74 Am. Dee, 634; Chnningham v. Underwood, 116 Fed. 803, 53 C. C. A. 99; Berkson v. Railway Co., 144 Mo. 211, 45 S. W. 1119.

In the civil law. A corporation or body 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.

— Community debt. One chargeable to the community (of husband and wife) rather than to either of the parties individually. Calhoun v. Leary, 6 Wash. 17, 32 Pac. 1070.

— Community of profits. This term, as used in the definition of a partnership, (to which a community of profits is essential,) means a proprietorship in them as distinguished from a personal claim upon the other associate, a property 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. St. Ren. 251; Moore v. Williams, 26 Tex. Civ. App. 142, 62 S. W. 977.

— Community property. Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either. In re Lux's Estate, 114 Cal. 73, 45 Pac. 1023; Mitchell v. Mitchell, 80 Tex. 101, 15 S. W. 705; Ames v. Hubby, 49 Tex. 705; Holyoke v. Jackson, 3 Wash. T. 235, 3 Pac. 841; Civ. Code Cal. § 687. This partnership or community consists of the profits of ali the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labar Of both husband and wife, and of the estates which they may acquire during the marriage, either by donations made jointly to them both, 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, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase. Civ. Code La. art. 2402.

Mutuality; unity; a species of ing upon marriage under the laws of some one subject and anpleas of the crown, or nostram, sed teneantur not follow our court, but subditos, ex jure nosdisceptantur: common pleas [court], according to our turbariae: common of aliquando quae sunt ombe defined to be those year with another. common. Communicantes: w-here there is only a disas distinguished from to another; informav. Privileged. action brought for dividright enjoyed by married them. common error; an opinheld or observed, though in law; — facit jus: passes for law. Comprofessional opinion. common bench, v. Bana common scold. Comwriting common to both a common stock or root strata: a common way. or party wall. company or society. assembly of the kingdom pai'liament. v. Commucommonly used and appartnership interest arisstates in property accommon political interests; a society having common rights, interests, etc., in matters of

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).