Law Dictionary

The commodity clause of the Hepburn act was intended to prevent railroads from occupying the dual and inconsistent positions of public carrier and private shipper; and, in order to

If the contract is for the delivery of a chattel or a specific commodity or substance, the law does not apply. If it is bona fide for so many carats of diamonds or so many ounces o

A commodity future is a contract to purchase some fixed amount of a commodity at a future date for a fixed price.

The term “commodity group” means that portion of the flower and plant industry devoted to the production and importation of any one of the following: (A) cut flowers; (B) potted fl

For purposes of paragraph (1)(C)(i), the term “commodity hedging transaction” means any transaction with respect to a commodity if such transaction— (i) is a hedging transaction as

“Commodity only schools” means schools that do not participate in the school lunch program under this chapter, but which receive commodities made available by the Secretary for use

“commodity option” means agreement or transaction subject to regulation under section 4c(b) of the Act;

“commodity options dealer” means person that extends credit to, or that accepts cash, a security, or other property from, a customer of such person for the purchase or sale of an i

The term “commodity pool” means any investment trust, syndicate, or similar form of enterprise operated for the purpose of trading in commodity interests, including any— (i) commod

The term “commodity pool operator” means any person— (i) engaged in a business that is of the nature of a commodity pool, investment trust, syndicate, or similar form of enterprise

In this section, the term “commodity promotion law” means a Federal law that provides for the establishment and operation of a promotion program regarding an agricultural commodity

rates made specifically applicable for the carriage of a particular commodity or group of commodities from one designated point to another. The original function of commodity rates

Except as otherwise provided in this paragraph, the term “commodity trading advisor” means any person who— (i) for compensation or profit, engages in the business of advising other

A grade in the United States navy, superior to a captain. Oi from the active list. Act of

Profit; gain; advantage.

He who takes the risk should have the profit.

Jenk. Cent. 161. No person ought to have advantage from his own wrong.

One ought not to profit by his own wrong. See XXV Eng. Rul. Cas. 105.

3 Inhabiting, dwelling, residing; as, in saying that a person is or is not commorant in a particular place. Whence commorancy.*

Those who die at the same time, from the same accident or calamity. See Sxjrvive, 3.

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."

Gomune laroun, ou comune robour: common robber. keep from view; to contrive to prevent disa thing or a fact; to suppress or to withhold of which good faith requires a disclosure, p

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."

In old decds. 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

One of the component parts of an incorporated company, which usually consists, m England, of the maater, wardens and commonalty; the two first being the chief officers or members,

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.

Carriers are either common or private. Private carriers are persons who undertake for the transportation in a particular instance only, not making it their vocation, nor holding th

In English law, there are two kinds of probate, namely, probate in common form, and probate in solemn form. Probate in common form is granted in the registry, without any formal pr

But the court think the matter in controversy, in the Kentucky court, was the sum due to the representatives of the deceased collectively; and not the particular sum to which each

Where the defendant in an action after due service of process on him has removed from the jurisdiction without having entered an appearance, or cannot be found, the plaintiff may f

A tenant’s prescriptive right to feed cattle on land not held by him, but in the same manor.

A land owner’s right to feed cattle on another’s land.

the term “common areas and facilities” includes the land and such commercial, community, and other facilities as are approved by the Secretary.

a mere practical continuity in the transportation is not enough, as the question under the statute is not simply whether there was a continuous carriage or shipment, but whether th

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.

Same as Common in gross.

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."

One guilty of common 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 mutual license of persons in adjoining townships each to feed cattle in the other.

The ancient name for the court of common pleas.

One bound to furnish transportation to the public as a common carrier must serve all, up to the capacity of his facilities, without discrimination and for reasonable pay.

The common carrier is regarded as an insurer of the property carried, and upon him the duty rests to see that the packing and conveyance are such as to secure its safety. The conse

At common law, a carrier by land is in the nature of an insurer, and is bound to keep and carry the goods intrusted to his care safely, and is liable for all losses, and in all eve

any person which holds itself out to the general public to engage in the transportation by motor vehicle in interstate or foreign commerce of passengers or property or any class or

one who operates a railroad as a means of carrying for the public,—that is to say, a railroad company acting as a common carrier.

Common carriers by water, like common carriers by land, in the absence of any legislative provisions prescribing a different rule, are also, in general, insurers, and liable in all

The control of Congress over commerce among the states cannot be made a means of exercising powers not intrusted to it by the Constitution, but it may require those who are common

Common carriers of passengers, like the steamship Stevens, are obliged to carry all persons who apply for passage, if the accommodations are sufficient, unless there is a proper ex

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

in the absence of any legislative provisions prescribing a different rule, are insurers of goods shipped, and are liable in all events and for every loss and damage, however, occas

The implied agreement of a common carrier is to carry safely and deliver at destination within a reasonable time. It is otherwise when the action is for a breach of a contract to c

The latter undertake, for hire, to carry all persons indifferently who apply for passage; and the law, for the protection of travellers, subjects such carriers to a very strict res

(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

The period between one midnight and the next.

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

The term “common defense and security” means the common defense and security of the United States.

See "Drunkard."

“common elements” means all portions of the cooperative or condominium project, other than the units designated for separate ownership or for exclusive possession or use;

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

The term “common enterprise data” means business operations or management-related data, generally from defense business systems, in a usable format that is automatically accessible

One possessing a right of common.

(Lat. communis error, g. v.) An error for which there are many precedents. "Common error goeth for a law." Finch, Law, b. 1, c. 3, no. 54.

In English law. Persons having a right of common. So called because they have a right to pasture on the waste, in common with the lord. 2 EL Bl. 889.

The term common-field is of American invention, and adopted by Congress to designate small tracts of ground of a peculiar shape, usually from one to three arpents in front by forty

A fine paid upon the inhabitants of a district.

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

See Probate.

a trust fund which has been recovered or preserved through their intervention may be charged with the costs and expenses, including reasonable attorney's fees, incurred in that beh

The term “common-funded budgets of NATO” means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any success

That exception had previously been applied in cases where a plaintiff traced or created a common fund for the benefit of others as well as himself. ... to have allowed the others t

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

Common which is personal, not running with the land.

A house for the entertainment of travelers and passengers, in which lodging and necessaries are provided for them and for their horses and attendants. Cromwell v. Stephens, 2 Daly

According to ordinary meaning.

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

The right to mine or quarry on another’s land.

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

the body of those principles and rules of action relating to the government and security of persons and property, which derive their authority solely from usages and customs of imm

In England, those administering the common law. Equitable L. Assur. Soc. v. Paterson, 41 Ga. 364, 5 Am. Rep. 535.

One punishable by the force of the common law, as distinguished from crimes created by statute. In re Greene (C. C.) 52 Fed. 104 .

There are no common-law crimes against the government; each case involves the construction of a statute to determine whether the acts or omissions of the accused are denounced as p

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

the common-law rule that witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service in another. That rule of p

Jurisdiction of a court to try and decide such cases as were cognizable by the courts of law under the English common law; the jurisdiction of those courts which exercise their jud

One known to or granted by the common law, as distinguished from statutory, equitable, and maritime liens; also one arising by implication of law, as distinguished from one created