The Cyclopedic Law Dictionary

In actions for libel or slander, the averment that the language in question was published or uttered of and concerning the plaintiff. It is, however, frequently used in practice to

An agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law. The act of married persons in procuring a d

In the civil law. A money changer.

In the civil law. EJxchange, eambium. Grotius de Jure Belli, lib. 2, c. 12, i 3, par. 4.

or CONE. In Saxon and old English law. An account or calculation. 1 Reeve, Hist. Eng. Law, 284, note.

The laws of a colony. In the United States. The term is used to designate the body of law in force in the colonies of America at the time of the commencement of our independence, w

A union of citizens or subjects who have left their country to people another, and remain subject to ihe mothercountry. 3 Wash. C. C. (U. S.) 287. The country occupied by the colon

In pleading. An apparent but legally insufficient ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action. 3 Sharswood, Bl. Co

An alteration made only for the purpose of evading the law, — of copyright, for instance.

As applied to trademark (q. v.), colorable imitation is such a close or ingenious imitation as to be calculated to deceive ordinary persons. L. R. 5 H. L., at page 519.

The practice of giving color in pleading. 3 Reeve, Hist. Eng. Law, 438.

Color of office.

Authority derived by an election or appointment, however irregular or informal, so that the incumbent is not a mere volunteer. 248 111. 229. COLOR OF OFFICE (Lat. colore offloii).

That which in appearance is title but which in reality is no title. 248 111. 229; 18 How. (U. S.) 50; 56 Mich. 337. Anything in writing connected with the title which serves to def

In old Scotch law. A young beast or cow, of the age of one or two years; in later times called a "cowdach," or "quoyach." Skene says it is an Irish word, and properly signifies "fo

In old English law. Fellow barons; fellow citizens. The citizens barones" is used in this sense in a grant of Henry III. to the barons of the port of Fevresham. Cowell.

The form of a forcible encounter between two or more persons or bodies of men; an engagement or battle; a duel.

A valley or piece of low ground between two hills. Kennett, Par. Ant.

—In Criminal Law. A union of men for the purpose of violating the law; a conspiracy (q. V.) In Patent Law, A union of different elements. A patent may be taken out for a new combin

An expression used in insurance meaning the covering of all employees against the Workmen's Compensation Act or any common-law liability prior to the Compensation Act. 195 111. App

In old English law. The punishment of burning.

Arson. 4 Bl. Comm. 272. COMBUSTIO PECUNIAE (Law Lat.) In old English law. The burning (that is, melting) of money; the old way of trying mixed and corrupt money, by melting it down

Hand-to-hand; in personal contact, COMITAS (Lat.) Courtesy; comity; an indulgence or favor granted another nation, as a mere matter of indulgence, without any claim of right made.

A writ or commission, whereby a sheriff is authorized to enter upon the charges of a county. Reg. Orig. 295.

A writ by which the charge of a county, together with the keeping of a castle, is committed to the sheriff. COMITATUS (Lat. from comes). A county; a shire; the portion of the count

Persons who are attached to a public minister. As to their privileges, see 1 Ball. (Pa.) 117; Baldw. (U. S.) 240. See "Ambassador,"

Counts or earls palatine; those who had the government of a county palatine. Bracton, fol. 122b. Other copies of Bracton have it comites palerir tynes, COMITIA (Lat.) The public as

An assemblage of the populus (the original burgesses) by tribes. In these assemblies no one of the plebs could vote. They were held for the purpose of confirming matters acted on b

In old English law. A countess; an earl's wife. Towns. PI. 149. COMITIVA (Law Lat. from comes, q. v.) In old English law. The dignity and office of a comes (count or earl); the sam

Courtesy; a disposition to accommodate. Courts of justice in one state will, out of comity, enforce the laws of another state^ when by such enforcement they will not violate their

or COMMANDRY (Lat. praeceptoria.) In English law. An establishment belonging to the priory of St. John of Jerusalem, consisting usually of a manor, or chief messuage, with lands an

Special partners; partners en commandite. See "Commandite."

In French law. A partnership in which some furnish money, and others furnish their skill and labor in place of capital. A special or limited partnership. Those who embark capital i

In Practice. An act of authority, as of a magistrate or judge, in committing a person to prison. Cowell. In Old Criminal Law, The act or offense of one who commands another to tran

A boundary, or border; a common boundary.

In French Law. The delivery of a benefice to one who cannot hold the legal title, to keep and manage it for a time limited, and render an account of the proceeds. Guyot. Rep. Univ.

In Ecclesiastical Law. The appointment of a suitable clerk to hold a void or vacant benefice or church living until a regular pastor be appointed. Hob. 144; Latch, 236. —In Louisia

In the civil law. Commendation; praise; that recommendation of his wares by a seller which does not bind him as a warranty.

In feudal law. Commendation was where an owner of land placed himself and his land under the protection of a lord, so as to constitute himself his vassal or feudal tenant. Commenda

In ecclesiastical law. Secular persons upon whom ecclesiastical benefices are bestowed. So called because they are commended and intrusted to their oversight. They are merely trust

He who holds a church living or preferment in commendam. Rapalje & L.

Letters written by one bishop to another on behalf of any of the clergy, or others of his diocese traveling thither, that they may be received among the faithful, or that the clerk

In feudal law. One who, by voluntary homage, put himself under the protection of a superior lord. Cowell; Spelman.

The exchange of property, including the usual agencies of communication and transportation to effect the exchange, and extending to the means employed to move the property involved

Compacts entered into by belligerent nations to secure a temporary and limited peace. 1 Kent, Comm. 159. Contracts made between citizens of hostile nations in time of war. 1 Kent,

A phrase employed to denote those branches of the law which relate to the rights of property and relations of persons engaged in commerce. This term denotes more than the phrase "m

Bills, notes, checks, etc.; negotiable instruments.

Commercial railroads embrace all railroads for general freight and passenger trafl Sc between one town and another. 263 III. 206; 227 111. 496; 216 111. 528. COMMERCIUM (Lat.) In t

In old French law. Forfeiture; the forfeiture of a fief; the penalty attached to the ingratitude of a vassal. Guyot, Inst. Feud. c. 12.

A principle of the Roman law relative to the forfeiture of contracts. It was not unusual to restrict a sale upon credit, by a clause in the agreement that if the buyer should fail

In Military Law. An officer whose principal duties are to supply an army, or some portion thereof, with provisions. ^In English Ecclesiastical Law. A title formerly applied to an o

In Scotch law. A court of general ecclesiastical jurisdiction. It was held before four commissioners, appointed by the crown from among the faculty of advocates. It had a double ju

In English practice. The opening day of the assizes. Wharton.

See "Del Credere Commission."

The title given by law to the head of the patent office bureau.

Officers appointed by some courts to take recognizances of bail in civil cases.

In English law. Commissioners appointed under the great seal, and whose duties are to take proof of the petitioning creditor's debt, to his trade and effects, assign his property t

Officers having certain powers and duties concerning the highways within the limits of their jurisdiction. They are usually three in number. In some of the states they are county o

In English Law. A court of record of special jurisdiction in England. It is a temporary tribunal, erected by virtue of a commission under the great seal, which formerly was granted

In practice. Compensation allowed to agents, factors, executors, trustees, receivers, and other persons who manage the affairs of others, in recompense for their services.

In practice. The warrant or order by which a court or magis- The act of sending a person to prison by means of such a warrant or order. 9 N. H. 204; 203 111. 262.

A person or body of persons to whom a matter is committed for superintendence, action, or recommendation. In Legislation. One or more members of a legislative body, to whom is spec

In English law. An instrument in writing, on paper or parchment, which charges a person already in prison, in execution at the suit of the person who arrested him.

In civil law. A term used to signify the act by which goods are mixed together. The commixtion of liquids is called "confusion" {q. v.), and that of solids a "mixture." Lee. Elm. §

In Scotch law. A loan for use. Ersk. Inst. bk. 3, tit. 1, § 20; 1 Bell, Comm. 225. COMMODATI ACTIO (Lat.) See "Actio Commodatio," etc.

In Spanish law. A contract by which one person lends gratuitously to another some object not consumable, to be restored to him in kind at a given period.

A species of bailment, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him to be usedby him without reward;

Due measure, just proportion (fr. commodus that has due measure, fr. corn-modus measure). 1. The quality of being suitable, convenient, commodious. In this sense no longer used. 2.

As an adjective, — owned by several; usual; habitual. As a noun, — an incorporeal hereditament, which consists in a profit which one man has in connection with one or more others i

TENANTS IN. See "Tenant."

Entitled to common. the land, as kine and sheep. Beasts not commonable are swine, goats, and the like. Co. Litt. 122a; 2 Bl. Comm. 33.

In old conveyancing. The right of common. See "Common."

The common people of England, as distinguished from the king and nobles. The body of a society or corporation, as distinguished from the officers. 1 Per. & D. 243. Charters of inco

or COMMUNANCE. The commoners, or tenants and inhabitants, who have the right of common or commoning in open field. Cowell.

The person from whom several others are directly descended.

Deeds which make safe or assure to a man the title to his estate, whether they are deeds of conveyance, or to charge or discharge.

Fictitious sureties en-

In pleading. A plea to compel the plaintiff to assign the particular place where the trespass has been committed. Steph. PI. 256. It is sometimes called a "blank bar."

In criminal law. One who frequently excites and stirs up suits and quarrels, either at law or otherwise. See "Barratry."

See "Barratry."

This is a term sometimes used in English law to mean what is sometimes otherwise called "house of ill-fame," or simply "bawdyhouse," or more commonly "brothel." Primarily it means

The ancient name for the court of common pleas.

Such as carry goods for hire indifferently for all persons. The definition includes carriers by land and water. One who plies between certain termini, and openly professes to carry

(Law. Fr. Comon chace.) In old English law. A place where the right of hunting wild animals (touts beasts ehaeeables) was common to all (a toutzgents). Y. B. P. 10 Edw. III. 28.

The more numerous house of the municipal legislative assembly in some American cities. The English parliament is the common Eouncil of the whole realm.

Certain general the purpose of preventing a defeat of a just right by the accidental variance of the evidence. These are, in an action of assumpsit, counts founded on express or im

In Scotch law. A debtor whose effects have been arrested by several creditors. In regard to these creditors, he is their common debtor, and by this term is distinguished in the pro

See "Drunkard."

This is a phrase used in the law of master and servant to express the relation between servants of a common master which relieves the master from liability for injury received by o

One possessing a right of common.

1. The arable land of an ancient village community which though divided into parcels, long narrow strips, separated by balks of turf perhaps a yard wide, and allotted to ownership

A fishery to which all persons have a right, such as the cod fisheries off Newfoundland. A "common fishery" is different from a "common of fishery," which is the right to fish in a

Proof of a will in "common form," according to the English pracproving it by attesting witnesses without citing or giving notice to the parties interested. 247 lU. 256; 122 II). 56

A court In the city of London, at which all the citizens, or such as are free of the city, have a right to attend. Wharton.

By this term is meant a road to be used by the community at large for any purpose of transit or traffic. Hammond, N. P. 239. See "Highway."

One who, without being specially required by law or. by virtue of his office, gives information of crimes, offenses, or misdemeanors which have been committed, in order to prosecut

The natural sense given to words. It is the rule that when words are used which will bear a natural sense and an artificial one, or one to be made out by argument and inference, th

An ordinary petit jury, as distinguished from a special or struck jury.

This is a term used in some of the states in statutes intended to secure abstention from ordinary week-day affairs on the Sabbath — statutes commonly called Sunday observance laws.

A more extended term for what Is sometimes more shortly called simply common; land, i. e. in which there is right of common (see Common), land which there is right to use in common