Blacks Law Dict. 1st ed

COMMUNE VINCULUM

COMMUNITY

235

COMMUNE VINCULUM. 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. Comm. 230. COMMUNI CUSTODIA. In English law. 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 obtained the ward of the body. Beg. Orig. 161. COMMUNI DIVIDUNDO. In the civil law. An action which lies for those who have property in common, to procure a divis ion. It lies where parties hold land in com mon but not in partnership. Calvin. COMMUNIA. In old English law. Com mon things, res communes. Such as running water, the air, the sea, and sea shores. Bract, fol. 76. COMMUNIA PLACITA. In old En glish law. Common pleas or actions; those between one subject and another, as distin guished from pleas of the crown. COMMUNIA PLACITA NON TEN ENDA IN SCACCARIO. An ancient writ directed to the treasurer and barons of the exchequer, forbidding them to hold pleas between common persons (i. e., not debtors to the king, who alone originally sued and were sued there) in that court, where neither of the parties belonged to the same. Reg. Orig. 187. COMMUNIJE. In feudal law on the con tinent of Europe, this name was given to towns enfranchised by the crown, about the twelfth century, and formed into free corpo rations by grants called "charters of com munity. " COMMUNIBUS ANNIS. In ordinary years; on the annual average. COMMUNICATION. Information giv- «n; the sharing of knowledge by one with another; conference; consuJtation or bar gaining preparatory to making a contract. Also intercourse; connection. In French law. The production of a merchant's books, by delivering them either to a person designated by the court, or to his adversary, to be examined in all their parts, and as shall be deemed necessary to the suit. A.rg. Fr. Merc. Law, 552.

COMMTJNINGS. In Scotch law. The negotiations preliminary to the entering intc a contract. COMMUNIO BONORUM. In the civil law. A term signifying a community (q. v.) of goods. COMMUNION OP GOODS. In Scotch law. The right enjoyed by married persons in the movable goods belonging to them. Bell. Communis error faoit jus. Common error makes law. 4 Inst. 240; Noy, Max. p. 37, max. 27. Common error goeth for a law. Finch, Law, b. 1, c. 3, no. 54. Common er ror sometimes passes current as law. Broom, Max. 139, 140. COMMUNIS OPINIO. Common opin ion; general professional opinion. Accord ing to Lord Coke, (who places it on the footing of observance or usage,) common opinion is good authority in law. Co. Litt. 186a. COMMUNIS PARIES. In the civil law. A common or party wall. Dig. 8, 2, 8,13. COMMUNIS RIXATRIX. In old En glish law. A common scold, (q. v.) 4 Bl. Comm. 168. COMMUNIS SCRIPTURA. In old English law. A common writing; a writing common to both parties; a chirograph. Glan. lib. 8, c. 1. COMMUNIS STIPES. •A common stock of descent; a common ancestor. COMMUNISM. A name given to pro posed systems of life or social organization based upon the fundamental principle of the non-existence of private property and of a community of goods in a society. An equality of distribution of the physical means of life and enjoyment as a transition to a still higher standard of justice that all should work according to their capacity and receive ao cording to their wants. 1 Mill, Pol. ilc. 248. COMMUNITAS REGNI ANGLLSJ. The general assembly of the kingdom of England. One of the ancient names of the English parliament. 1 BL Comm. 148. COMMUNITY. A society of people liv ing in the same place, under the same laws and regulations, and who have common rights and privileges. In the civil law. A corporation or body politic. Dig. 3, 4.

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