KFLCC Kingdom Law 2nd Ed.

COMMUNIS PARIES

230

COMPANIES CLAUSES

or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two, and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the per son who made the purchase. Civ. Code La. art. 2402. In criminal law. Change; substitution. The substitution of one punishment for another, after conviction of the party subject to it. The change of a punishment from a greater to a less; as from hanging to imprisonment. Commutation of a punishment is not a con ditional pardon, but the substitution of a lower for a higher grade of punishment, and is presumed to be for the culprit's benefit. In re Victor, 31 Ohio St. 207; Ex parte Janes, 1 Nev. 321; Rich v. Chamberlain, 107 Mich. 381, 65 N. W. 235. In civil matters. The conversion of the right to receive a variable or periodical pay ment into the right to receive a fixed or gross payment. Commutation may be effected by private agreement, but it is usually done under a statute. — Commutation of taxes. Payment of a designated lump sum (permanent or annual) for the privilege of exemption from taxes, or the settlement in advance of a specific sum in lieu of an ad valorem tax. Cotton Mfg. Co. v. New Orleans, 31 La. Ann. 440.— Commuta tion of tithes. Signifies the conversion of tithes into a fixed payment in money.— Commu tation ticket. A railroad ticket giving the holder the right to travel at a certain rate for a limited number of trips (or for an. unlimited number within a certain period of time) for a less amount than would be paid in the aggre gate for so many separate trips. Interstate Commerce Com'n v. Baltimore & O. R. Co. (C. C.) 43 Fed. 56. COMMUTATION. COMPACT. An agreement or contract Usually applied to conventions between na tions or sovereign states. A compact is a mutual consent of parties concerned respecting some property or right that is the object of the stipulation, or some thing that is to be done or forborne. Chesa peake & O. Canal Co. v. Baltimore & O. R. Co., 4 Gill & J. (Md.) 1. The terms "compact" and "contract" are synonymous. Green v. Biddle, 8 Wheat 1, 92, 5 L. Ed. 547. COMPANAGE. All kinds of food, ex cept bread and drink. Spelman COMPANIES CLAUSES CONSOLIDA TION ACT. An English statute, (8 Vict c. 16,) passed in 1845, which consolidated the clauses of previous laws still remaining in force on the subject of public companies. It is considered as incorporated into all sub sequent acts authorizing the , execution of COMMUTATIVE CONTRACT. See CONTBACT. COMMUTATIVE JUSTICE. See JUS TICE.

COMMUNIS PARIES. In the civil law. A common or party wall. Dig. 8, 2, 8, 13. In old Eng lish law. A common scold, (q. v.) 4 Bl. Comm. 168. In old Eng lish law. A common writing; a writing com mon to both parties; a chirograph. Glan. lib. 8, c. 1. COMMUNIS RIXATRIX. COMMUNIS SCRIPTURA. 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 ac cording to their wants. 1 Mill, Pol. Ec. 248. COMMUNITAS REGNI ANGLIC. The general assembly of the kingdom of England. One of the ancient names of the English parliament 1 Bl. Comm. 148. A society of people liv ing in the same place, under the same laws and regulations, and who have common rights and privileges. In re Huss, 126 N. Y. 537, 27 N. E. 784, 12 L. R. A. 620; Gilman v. Dwight, 13 Gray (Mass.) 356, 74 Am. Dec. 634; Cunningham v. Underwood, 116 Fed. 803, 53 C. C. A. 99; Berkson v. Railway Co., 144 Mo. 211, 45 S. W. 1119. In the civil law. A corporation or body politic. Dig. 3, 4. In French law. A species of partnership which a man and a woman contract when they are lawfully married to each other. —Community debt. One chargeable to the community (of husband and wife) rather than to either of the parties individually. Calhoun v. Leary, 6 Wash. 17, 32 Pac. 1070.— Com munity of profits. This term, as used in the definition of a partnership, (to which a com munity of profits is essential,) means a propri etorship in them as distinguished from a per sonal claim upon the other associate, a property right in them from the start in one associate as much as in the other. Bradley v. Ely, 24 Ind. App. 2, 56 N. E. 44, 79 Am. St. Rep. 251; Moore v. Williams, 26 Tex. Civ. App. 142, 62 S. W. 977.— Community property. Com munity property is property acquired by hus band and wife, or either, during marriage, when not acquired as the separate property of either. In re Lux's Estate, 114 Cal. 73, 45 Pac. 1023; Mitchell v. Mitchell, 80 Tex. 101, 15 S. W. 705; Ames v. Hubby, 49 Tex. 705; Holyoke v. Jackson, 3 Wash. T. 235, 3 Pac. 841; Civ. Code Cal. § 687. This partnership or com munity consists of the profits of all the effects of which the husband has the administration and enjoyment, either of right or in fact, of the produce of the reciprocal industry and labor of both husband and wife, and of the estates which they may acquire during the marriage, either by donations made jointly to them both, COMMUNITY. COMMUNIS STIPES. A common stock of descent; a common ancestor.