Page:Black's Law Dictionary (Second Edition).djvu/239

This page needs to be proofread.
COMPANION OF THE GARTER
*
*


undertakings of a public nature by compaiiles. unless expressly excepted by such liter acts Its purpose is declared by the 1- unable to be to avoid repeating prosisions as to the constitution and management of the companies, and to secure greater unl- furmity in such provisions. Wharton.

COMPANION OF THE GARTER. One of the knights of the Order of the Garter.

COMPANIONS. In French law. A general terui. comprehending all persons who l'onliill!e the crew or a ship or vessel. Pot.h. .\li:r. Cont. no. 163.

COMPANY. A society or association or poise-iis. in considerable number, interested in 11 common object, and uniting themselves for the prosecution of some commercial or lmintrial luidc-rtnking, or other legitiinam ldaeas. Mills v. State. 23 Tex. 303; Smith y. Jiiacsrilie, 52 Wis. (SS0, 9 N. W. 789.

The prop?!‘ siznilicntiau of the word "com- mfd uiicn applied to persons engaged in in

rm-[es those united for the some purposp n ]0i|l[ concern. It is so cumninnlv uspd "bk wine, or as indicating a p:lx‘tl.l|‘l'5lJlp. lit: [JL‘l‘I'-IJS acciistnmcd to purchase goods 3 plin]i- -\ here they are sold by retaii, would or d that sur-li was its meaning. > v. Pinkl1am_ 33 Me. 32. Joint stock companies. J onit stock comiuilas are those having a joint stock or jflllal, which is divided into numerous transferubie shares. ur consists of transferable flzfl, Llndl. Partn. G. The term is not identical with "partner- [I. nithough every unincorporated society Q. in its legal relations, a partnership. In .Camou use a distinction is made, the name n rslilp" being reserved for business ntluiis of a limited number of pci sons jlily not more than four or five) trading nder a name composed of their individual ‘In act out in succession; whlle "coin- Qf is appropriated as the designation of Ioclnty coinpri ug a larger number at |-inns, with greater capital, and engaged fl more extensive enterprises, and trading

1 title not discioslng the names of the

iiduiils. See Allcn v. Long. 30 Tex. 201, S W. 43, 26 Am. St. Rep. 735; Adams CO. v. Scbofield, 111 Ky. 83?. 6-1 S. W. Ix’ lzorrski v. People, 177 I1]. 503, 53 Q 11.3; In re Jones. 28 Misc. Rep. 356. 24. Y. Supp. 993: Attorney Generni v. Ilnnnrile Marine ins. Co. 121 Mass. 525. yfiimctimes the word is used to represent memlners of a partnership whose names not appear in the name of the firm. See Toullier. 97. ed company. A company in which llty of each shareholder is iimited by number of shares he has taken, so that he be railed on to contribute beyond the in! of his sbares. In England, the memo- nf mam-_laI'ion of such company may pro- Illl the liability of tho dirouors. man.-age . Hg director thereof shall he mi ‘in 31 Via. (L 181: 1 LindL Pnrtn. .383


231

OOMPASS Moaley & WhitJey..—Pnblic unmpany. In English law. A business corporation: a so-

ciety of persons joined togntixer for carrying on some commercial or industrial undertaking.

COMPARATIO LITERARUM. clvii law.

In the Comparison or writings, or hand-

writings. A mode or proof allowed in certain cases. COMPARATIVE Proceeding by the

method or comparison; founded on compari- son; estimated by comparison.

-—CoInpn.ra.tive interpretation. That method of interpretation vibich seeks to arrive at the meaning of i1 statute or other writing by comparing its several parts and also by comparing it as a whole with other liks dorlimenta ]'|l'l)CI[’dil][,' from the same source and rofeiring to the same general subject. Glenn v. York County. 6 Rich. (S. G.) 412.-Comparative jurisprudence. The study of the principies of legal science by the comparison of various systems of law.—Cumpn.1-ntive negligence. That doctrine in the Inn of neg-iigeuce by whlch the negiigence of the parties is compared. in the degrees of "slight." "oi-rlinar_v." and "gross" negligence, and a recovery permitted. notwith- stnnzlinu tho conti-il-ntory negligc-ace of the plaiiililf. WIlf‘l] the negli-_'cnce of the plnintifi is slight and the uegligente of the defendant gross, but refused whnn tho plmntilf h-is in-en guilty of a "Hut of culinary ('ll'E‘. (lien-luv contributing to his in_iui-y, or when the negligence of the deft-ndniit is not gross, but only rirdinary or slight, when coinparbd. under the circumstanwith [he contriblitory negligence

3 Amer. & I‘ I.n§'.


Railroad ‘Co... I C0.. 94 RIO. 2. . .

'. 1835 I-lIl|‘I_ . lroad

S W. 1. 4 Am. St. Rep. 374.

COMPARISON OF HANDWRITING. A comparison by the juxliiposition of two writings, in order, by such coiuparlson. to ascertain whether both were written by the SIHTIQ person.

A metiiod of proof resorted to where the genuiuencss of a written document is (Ilsputed; lt consists in conipiring the hand- writing at the dlsputed paper with that at another Instrument which is prm ad 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. Johnson v. Insurance Co., 105 Iowa. -73. 75 N. W. 101; Rowt v. Kile. ] Leigh (Va.) 216; Travis v. Brown. 43 Pa. 9, S2 Am. Dec. 540.

COMPASCUUM. Belonging to commonage. 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 magnetized steel bar coiled the "ncedle." attaclied to the under side of a card. upon which are drawn the points of the (‘1)ll|]i.lSS. and supported by a fine pin, upon wblch it turns freely in a horizontal plane.

H