Blacks Law Dict. 1st ed

237

COMIWNY

COMPENSATION

'usually not more than four or five) trading tinder a name composed of their individual names set out in succession; while "com pany" is appropriated as the designation of a society comprising a larger number of persons, with greater capital, and engaged in more extensive enterprises, and trading under a title not disclosing the names of the individuals. Sometimes the word is used to represent those members of a partnership whose names do not appear in the name of the firm. See 12 Toullier, 97. COMPABATIO LITERARUM. In the «ivil law. Comparison of writings, or hand writings. A mode of p/oof allowed in cer tain cases. COMPARATIVE JURISPRUDENCE. TLe »tudy of the principles of legal science Oy the comparison of various systems of law. COMPARATIVE NEGLIGENCE. That doctrine in the law of negligence by which the negligence of the parties is compared, in the degrees of "slight," "ordinary," and "gross" negligence, and a recovery permitted, notwithstanding the contributory negligence of the plaintiff, when the negligence of the plaintiff is slight and the negligence of the defend ant gross, but refused when the plaintiff has been guilty of a want of ordinary care, thereby contributing to his injury, or when the negligence of the defendant is not gross, but only ordinary or slight, when compared, under the circumstances of the case, with the contributory negligence of the plaintiff. SAmer. &Eng. Enc. Law, 367. See 103 111. 512; 115 111. 358, 3 N. E. Rep. 456; 82 111. 198; 1 Shear. & R. Neg. §§ 102,103; Whart. Neg. § 334. COMPARISON OF HANDWRIT ING. A comparison by the juxtaposition of two writings, in order, by such compari son, to ascertain whether both were written by the same person. A method of proof resorted to where the genuineness of a written document is dis puted ; it consists in comparing the hand writing of the disputed paper with that of another instrument which is proved or ad mitted to be in the writing of the party sought to be charged, in order to infer, from their Identity or similarity in this respect, that they are the work of the same hand. COMPASCUUM. Belonging to com monage. Jus compascuum, the right of common of pasture.

COMPASS, THE MARINER'S. An instrument used by mariners to point out the course of a ship at sea. It consists of a mag netized steel bar called the "needle," attached to the under side of a card, upon which are drawn the points of the compass, and sup ported by a fine pin, upon which it turns freely in a hoiizontal plane. COMPASSING. Imagining or contriv ing, or plotting. COMPATERNITAS. In the canon law. A kind of spiritual relationship con tracted by baptism. COMPATERNITY. Spiritual affinity, contracted by sponsorship in baptism. COMPATIBILITY. Such relation and consistency between the duties of two offices that they may be held and filled by one per son. COMPEAR. In Scotch law. To appear. COMPEARANCE. In Scotch practice. Appearance; an appearance made for a de fendant; an appearance by counsel. Bell. COMPELLATIVUS. An adversary or accuser. Compendia sunt dispendia. Co. Litt. 305. Abbreviations are detriments. COMPENDIUM. An abridgment, syn opsis, or digest. COMPENSACION. In Spanish law. Compensation; set-off. The extinction of n debt by another debt of equal dignity. COMPENSATIO. In the civil law. Compensation, or set-off. A proceeding re sembling 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 plaintiff de ducted from his demand. Dig. 16, 2; Inst. 4, 6, 30, 39; 3 Bl. Comm. 305. COMPENSATIO CRIMINIS. (Set-off of crime or guilt.) In practice. The plea of recrimination in a suit for a divorce; that is, that the complainant is guilty of the same kind of offense with which the respondent is charged. COMPENSATION. Indemnification; payment of damages; making amends; that which is necessary to restore an injured party to his former position. An act which a court orders to be done, or money which a court orders to be paid, by a person whose acts or omissions have caused loss or injury to an other, in order that thereby the person dam

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