KFLCC Kingdom Law 2nd Ed.

229

COMMUNIS OPINIO

COMMUNE

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 given; the sharing of knowledge by one with an other; conference; consultation or bargain ing 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 Arg. Fr. Merc. Law, 552. —Confidential communications. These are certain classes of communications, passing be tween persons who stand in a confidential or fiduciary relation to each other, (or who, on ac count of their relative situation, are under a special duty of secrecy and fidelity,) which the law will not permit to be divulged, or allow them to be inquired into in a court of justice, for the sake of public policy and the good or der of society. Examples of such privileged re lations are those of husband and wife and at torney and client. Hatton v. Robinson, 14 Pick. (Mass.) 416, 25 Am. Dec. 415; Parker v. Carter, 4 Munf. (Va.) 287, 6 Am. Dec. 513; Chirac v. Reinjcker.il Wheat 280, 6 L. Etf. 474; Parkhurst v. Berdell, 110 N. Y. 386, 18 N. E. 123, 6 Am. St. Rep. 384.— Privileged communication. In the law of evidence. A communication made to a counsel, solicitor, or attorney, in professional confidence, and which he is not permitted to divulge; otherwise called a "confidential communication." 1 Starkie, Ev. 185. In the law of libel and slander. A de famatory statement made to another in pursu ance of a duty, political, judicial, social, or personal, so that an action for libel or slander will not lie, though the statement be false, unless in the last two cases actual malice be proved in addition. Bacon v. Railroad Co., 66 Mich. 166, 33 N. W. 181. In Scotch law. The negotiations preliminary to the entering into a contract COMMUNIO BONORUM. In the civil law. A term signifying a community (q. v.) of goods. COMMUNION OF GOODS. In Scotch law. The right enjoyed by married persons in the movable goods belonging to them. Bell. Communis error facit 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 error sometimes passes current as law. Broom, Max. 139, 140. COMMUNIS OPINIO. Common opinion; general professional opinion. According to Lord Coke, (who places it on the footing of observance or usage,) common opinion is good authority in law. Co. Litt 186a. COMMUNINGS.

hellion where there Is a usurped power. 2 Marsh. Ins. 793; Boon v. Insurance Co., 40 Conn. 584; Grame v. Assur. Soc, 112 U. S. 273, 5 Sup. Ct 150, 28 L. Ed. 716; Spruill v. Insurance Co., 46 N. C. 127. COMMUNE, n. 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 attempt to establish absolute self-government in Paris, or the mass of those concerned in the attempt. In old French law, it signified any municipal corporation. And in old English law, the commonalty or common people. 2 Co. Inst 540. COMMUNE, adj. Lat. Common. —Commune concilium regni. The common council of the realm. One of the names of the English parliament.— Commune forum. The common place of justice. The seat of the principal courts, especially those that are fixed. —Commune placitum. In old English law. A common plea or civil action, such as an ac tion of debt.— Commune vinculum. A com mon or mutual bond. Applied to the common stock of consanguinity, and to the feodal bond of fealty, as the common bond of union be tween lord and tenant. 2 Bl. Oomm. 250; 8 Bl. Oomm. 230. COMMTJNI 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. Reg Orig. 161. In the civil law. An action which lies for those who have property in common, to procure a divi sion. It lies where parties hold land in com mon but not in partnership. Calvin. GOMMUNIA. In old English law. Com mon things, res communes. Such as running water, the air, the sea, and sea shores. Bract fol. 76. COMMUNIA PI