The Cyclopedic Law Dictionary

That system of law or form of the science of jurisprudence which has prevailed in England and in the United States of America, in contradistinction to other great systems, suph as

The difference between a statutory and a common-law dedication is that one vests the legal title to the ground set apart for public uses in the municipal corporation in trust for t

A marriage based upon agreement by which the parties agree per verba de presenti to become husband and wife, followed by sexual consummation. To constitute a marriage legal, at com

Three acts of parliament, passed in the years 1852, 1854, and 18G0, respectively, for the amendment of the procedure in the common-law courts. The common-law procedure act of 1852

A lawyer learned in the common law.

Familiar law or doctrine. Dyer, 27b, 33.

Hawkins, In his Pleas of the Crown, defines a common nuisance as an offense against the public, by doing anything injurious to all the King's subjects, or by omitting to do that wh

The name of a court having jurisdiction generally of civil actions. Such pleas or actions as are brought by private persons against private persons, or by the government, when the

A judgment recovered in a fictitious suit, brought against the tenant of the freehold, in consequence of a default made by the person who is last vouched to warranty in the suit, w

Those subjects of the English nation who are not noblemen. They are represented in parliament by the house of commons.

Common without number, that is, without limit as to the number of cattle which may be turned on; otherwise called "common without stint." Bracton, fols. 53b, 222b; 2 Steph. Comm. 6

Schools for A school that begins with the rudimental elements of an education, whatever else it may embrace, as contradistinguished from academies or universities devoted exclusive

One who, by the practice of frequent scolding, disturbs the neighborhood. Bish. Crim. Law, § 147. The offense of being a common scold is cognizable at common law. It is a particula

The seal of a corporation. It was an ancient and technical rule of the common law that a corporation could not manifest its intentions by any personal act or oral discourse, and th

A judicial officer of the city of London, who aids the recorder in disposing of the criminal business of the Old Bailey Sessions. Holthouse.

In Scotch law. Land possessed in common by different proprietors, or by those having acquired rights of servitude. Bell, Diet.; 36 Eng. Law & Eq. 20.

In common recoveries, the person who is vouched to warranty. In this fictitious proceeding, the crier of the court usually performs the office of a common vouchee. 2 Bl. Comm. 358;

A free state or republic having a republican form of government. The English nation during the time of Cromwell was called a commonwealth. It is the legal title of the states of Ke

The dwelling in any place as an inhabitant, which consists in usually lying there. 4 Bl. Comm. 273. In American law it is used to denote a mere temporary residence. 19 Pick. (Mass.

One residing In a particular town, city, or district. Barnes 162.

Those who perish at the same time in consequence of the same calamity.

or COMORTH. A contribution which was gathered at marriages, and when young priests said or sung the first masses. Prohibited by 26 Hen. VIII. c. 6. Cowell. COMMOTE (Law Lat. commot

A self-governing town or village. The name given to the committee of the people in the French revolution of 1793; and again, in the revolutionary uprising of 1871, it signified the

The common ■ council of the realm. One of the names of the English parliament.

The common place of justice; the seat of the principal courts, especially those that are fixed. 7 Bell, App. Cas. 169.

In old English law. A common plea or civil action, such as an action of debt. Fleta, lib. 2, c. 61, § 18.

A common or mutual bond. Applied to the common stock of consanguinity, and to the feodal bond of fealty, as the common bond of union between lord and tenant. 2 Bl. Comm. 250; 3 Bl.

or COMMUNIAE (Lat.) In old European law. Communities. Towns enfranchised by the crown, in most of the feu- I dal kingdoms of Europe, about the twelfth century, and formed into free

Actions between citizens, as distinguished from placita coronae, pleas of the crown, or criminal prosecutions. COMMUNIA PLACITA NON TENENDA in scaccario. An ancient writ directed t

In old English law. A common plea or action, such as an action of debt.

In ordinary years; on the annual average. 2 Bl. Comm. 322.

Information; consultation; conference. A letter is a communication. 49 N. J. Law, 256. But see 4 Mete. (Mass.) 459. In French Law. Discovery and inspection of books and papers. Arg

An obsolete writ which anciently lay for the lord, whose tenant, holding by knight's service, died, and left his eldest son under age, against a stranger that entered the land, and

In clvillaw. An action which lies for those who have property in common, to procure a division. It. lies where parties hold land in common, but not in partnership. Calv. Lex. COMM

In Scotch law. The negotiations preliminary to a contract. COMMUNIO BONORUM (Lat.) In civil law. A community of goods.

In Scotch law. The right enjoyed by married persons in the movable goods belonging to them. Bell, Diet.

A common error makes law. What was at first illegal, being repeated many times, is presumed to have acquired the force of usage; and then it would be wrong to depart from it. Hilli

Common opinion; general professional opinion. Co. Litt. 186a.

In the civil law. A common or party wall. Dig. 8. 2. 8. 13.

In old English law. A common scold {q. v.). 4 Bl. Comm. 168.

Property acquired during the existence of the matrimonial relation, which in some states (Louisiana, Texas, New Mexico, Arizona, California, Idaho, and Washington) belongs equally

The change of a punishment to which a person has been condemned into a less severe one. This can be granted only by the executive authority in which the pardoning power resides. No

The term is used where there is a substitution of one form of payment for another for taxes levied. Laws regulating the commutation of taxes may be enacted by the legislature. (31

In civil law. One in which each of the contracting parties gives and receives an equivalent. The contract of sale is of this kind. The seller gives the thing sold, and receives the

See "Justice."

Closely and firmly united, as the parts or particles of solid bodies having the parts or particles packed together; close; solid; dense. 270 111: 534; 261 111. 99; 155 111. 478. An

In old English Law any meat or other edibles to be eaten with bread; a relish with bread, as butter ^ cheese, meat, fish, fruit, etc. "Any meat, or other edibles to be eat with bre

A knight of the Order of the Garter. See "Knights of the Garter."

In French law. A general term, comprehending all persons who compose the crew of a ship or vessel. Poth. Mar. Cont. note 163.

An association of a number of individuals for the purpose of carrying • on some legitimate business. This term is not synonymous with "partnership,'' though every such unincorporat

A doctrine whereby negligence is classified as "slight," "ordinary," or "gross." In such case, if the negligence of a defendant be gross, there may be a recovery, notwithstanding s

A mode of deducing evidence of the authenticity of a written instrument, by showing the likeness of the handwriting to that of another instrument proved to be that of the party who

Belonging to commonage. Jus compaseuum, the right of common of pasture.

Imagining or contriving. COMPATERNITAS (Eng. compaternity). In the canon law. A kind of spiritual relationship {cognatio spiritualis) contracted by baptism. It was a ground of divo

or COMPEIR. In Scotch law. To appear. 1 Forbes, Inst. pt. 4, bk. 2, c. 2, tit. 2. ance made for a defendant; an appearance by counsel. Bell, Diet.

In old records. An adversary or accuser. Whishaw.

Abridgments are hindrances. Co. Litt. 305.

In Spanish law. The extinction of a debt by another debt of equal dignity between persons who have mutual claims on each other.

In the civil law. Compensation, or set-off. A proceeding resembling a set-off in the common law, being a claim on the part of the defendant to have an amount due to him from the pl

The compensation or set-off of one crime against another. For example, in questions of divorce, where one party claims the divorce on the ground of adultery of his or her companion

In the Roman law. The adjournment of a cause, in order to hear the parties or their advocates a second time; a second hearing of the parties to a cause. Calv. Lex.; Brissonius. COI

Fit; qualified; lawful. Thus, "competent authority" is held«to mean lawful authority (8 Pet. [U. S.] 449). A "competent court," one having jurisdiction. 1 C. P. Div. 176. COiVIPETE

In Scotch practice. The contest among creditors claiming on their respective diligences, or creditors claiming on their securities. Bell, Diet. The act of seeking or endeavoring to

A literary production, composed of the works of others, and arranged in a methodical manner. When a compilation requires in its execution taste, learning, discrimination, and intel

One who makes a complaint. A plaintiff in a suit in chancery is so called. The actor in a chancery suit.

In Criminal Law. The allegation made to a proper officer that some person, whether known or unknown, has been guilty of a designated offense, with an offer to prove scriptive of pr

Old forms: Complet, compleet, compleate, compleat (adap. Lat. completus, pa. pple. of complere to fill up, finish: cp. Fr. complet). 1. Wanting no part, member, or element; entire,

(Pa. pple. of Complete, q. v.) The word is used in the various senses of the verb, and may thus mean finished, perfected, etc. But it may be restricted by a context to a finishing,

This is a term sometimes applied to the subsequent purchaser of land who, though subsequent, will, under certain circumstances, be protected as against prior purchasers where he ha

(Adap. Lat. eompletio of action of complere to complete, q. v.) The act of completing in various senses parallel with those of the verb. The word "completion [means] * * * the fini

An accomplice.

The ordinance of measures; the title of an ancient ordinance, not printed, mentioned in St. 23 Hen. VIII. c. 4, establishing a standard of measures. 1 Bl. Comm. 275. COMPOSITIO ULN

An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the creditor accepts part of the debt due to him in satisfaction of the whole. Generally

An agreement by the creditors of a bankrupt to receive a certain percentum of their claims in full satisfaction. The national bankrupt act provides for such compositions, requiring

Sometimes called "real composition." An agreement by a landowner with the incumbent, whereby the land is discharged from liability for tithes in consideration of some land or other

See "Non Compos Mentis." COMPOS SUI (Lat.) Having power of one's self; having the use of one's limbs, or the power of bodily motion. Si fuit ita compos sui quod itinerare potuit de

In old English law. A party accounting. Fleta, lib. 2, c. 71, § 17,

The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute him, on condition that he return It is not necessary that the person wit

A compensation for the use of money due as interest but not paid, generally called interest upon interest. Interest computed upon interest after maturity is compound interest. 23 1

The surreptitious printing of the copy of another to the intent to make a gain thereby. Strictly, it signifies to print together. There are several old statutes prohibiting this ac

In the civil law. Children by a former marriage (individually called "privigni," or "privignae"), considered relatively to each other. Thus, the son of a husband by a former wife,

In civil law. An arbitrator.

An agreement made between two or more parties as a settlement of matters in dispute between them. In Civil Law. An agreement between two or more persons, who, wishing to settle the

Arbitrators are judges. Jenk. Cent. Cas. 128.

In the civil law. An arbitrator. Dig. 4. 9. 41.

In the ci Til law. A submission to arbitration. Dig. 4. 8; 4 Reeves, Hist. Eng. Law, 13. COMPROMISSUM AD SIMILITUDINEM judlciorum redigltur, A compromise is brought into affinity w

In Scotch law. An account-

An officer of a state, or of the United States, who has certain duties to perform in the regulation and management of the fiscal matters of the government under which he holds offi

Forcible inducement to the commission of an act.

In ecclesiastical procedure. A compulsory is a kind of writ to compel the attendance of a witnes, to undergo examination. Phillim. Ecc. Law, 1258. In order to render a payment comp

One of several neighbors of a person accused of a crime,_ or charged as a defendant in a civil action, who appeared and swore that they believed him on his oath. 3 Bl. Comm. 341. C

In Irish practice. The pay-' ment of wages in land, the rent being worked out in labor at a money valuation. Wharton.

NON DEFINITUR In Jure. What an attempt is. Is not defined in law. 2 Bulst. 277.

In Spanish law. With good faith; in good faith; bona fide. White, New Recop. bk. 2, tit. 2, c. 8.

Such as find out concealed lands; that is, lands privily kept from the king by common persons havmg nothing to show for them. They are called "a

The Improper suppression of any fact or circumstance by one of the parties to a contract from the other, which in justice ought to be known. The omission by an applicant for insura

The concealing or endeavoring to conceal the birth of a child is very commonly made a criminal offense. It is in England by statute a misdemeanor punishable by two years' imprisonm

In the civil law. A thaft (furtum) was called "conceptum" when the thing stolen was searched for, and found upon some person in the presence of witnesses. Inst. 4. 1. 4.

1. That which relates or pertains to one; matter of concernment; affair; business. 2. An establishment for the carrying on of a business, as a buying and selling or manufacturing f

This is a phrase often employed in statutes, contracts, etc., in the sense of having to do with, having part or share in, being engaged in or with, etc. "'Being concerned in' is *