162 CABlNET COUNCIL

c.
C. Theln!tl.ll.tter or th e word' Codex.'
used by Bome 'Writers in ciling the Code of
Justinian. Tay!. Civil Law, 24.
It was also the letter inscribed on the bal­
lots by which, among the Romans, jurors
voted to condemn an accused party. It was
the initial letter of condemno, I condemn.
Tay!. Civi! Law. 192.
C, as the third letter of t.he alphabet. is
use:! as a numeral, in like manner with that
use of A and 13. (q ••. )
The Jetter is also used to designate the
third of a series of propositions, sections.
etc., as A, B. and the othera are used as
numerals.
It is used as an abbreviation of many
words of which it is the initial letter; such
as cases, civil, circuit. code, commOD. court,
criminal. chancellor, crown.
C. A. V. A n abbreviation for curia ad..
visari 'D'Ult, the comt will be advised. will
consider, will deliberate.
C. B. In reports and legal documents, an
abLr6\'iation for common bench. Also an
abbreviation for cbi!!f baron.
C. C. Various terms or phrases may be
denoted by this abbreviation; snch as circuit
eourt, (or city or county court;) criminal
O}lses, (or crown or civil or chancery cases;)
civil code; chief commissionerj and the re�
turn of cepi, corpu8.
C. C. P. An abbreviation tor Code ot
Civil Procedure; also for court of common
plet\s.
C. J. An abbreviation for chief justice;
also for circuit jUdge.
C. L. An abbreviation for civH law.
C. L. P. Common law procedure. tn ref..
erence to the English acts so entitleli
C. T. A. An abbreviation tor cum testa,
mento annexo, in describing a species of ad­
ministration.
CABAL. A small association for the pur·
pose of intrigue; an intrigue. This name
was given to that ministry in the reign at
Charles II. formed by Clifford, Ashley,
Buckingham, Arlington, and Lauderdale,
who concerted a Bcheme for the r('storatioD
of popery.The initials of these fhe namell
form tbe wOl'd "cabal;" hence the appel1a�
tiOD. Hume. Rist. Eng. ix. 69.
CABALIST. In French cOInmerolal l.w.
A. factor or broker.
CABALLARIA. Pertaining to a horse.
It was a feudal tenure of laods. the tenant
furnishing a horseman Buitably equipped in
time of war. 01' when tbe lord had occasi on
for bis service,
CABALLERIA. In Spanish law. An
allotment of land acquired by conquest, to a
borse soldier. It was a strip one hundred
fcet wide by two hundred feet deep. The
term lias been sometimes used in those parts
of the United States which were derived from
Spain. S.e 12 Pet. 444 , noL••
C A B A L LERO. In Spanish law. A
knigllt. So called on account of its being
more honorable to go on horseback (d caballo )
tbtln on any other ueast.
CABINET. The advisory board or coun�
cil of a king or other cilief executive. In the
government of tbe UnIted States the cabinet
is composed of the secrefary of state, the sec¥
retary of the treasury, the secretary of the
interior. the secretary of war, the secretary
of the navy, the secretary of agriculture, the
attorney general, and the postmaster gen­
eral.
The swect or secret council of a prince or

C. O. D. "'Collect on de livery. " These executive government; 80 called from the

letters are not cabalistic, but have a deter� apartment in which it was originally held,
min'lte meaning. They import t.he carrier's ·Weuster.
liability to return to the consignor either the
CABINET COUNCIL. In English law.
goous or tbe Charges. 59 Ind. 263.
A private and confidential assemuly of the
C. P. An abbreviation for common pleas. most considerable ministers of state, to COIl­
cert measures for the administration of pub­
C. R. An abbreviation for curia rBgisi lic affail's; first estaulisbed by Charles L
also for cbancery reports. "'harton.
 C ABLE 163 CALENDAR

CABLE. The great rope of a ship, to ClEDUA. In the civil and old common
which the anchor is iaetened. law. Kept for cutting; i ntended or used to
be cut . A.. term a.pplied to w ood .
CABLISH. Brush-wood. or more prop­
erly windfall-wood. ClESAR. In the, Uoman law . .A. cogno �
men in the Gens Julia, which was assumed
CACHEPOLUS, or CACHERELLA!l.
lJy the success ors of Julius. 'rayl. Civil
An in ferior bai li ff, or catchpoll . Jacob .
Law, 31.
CACHET, LETTRES DE. Letters io­
CESAREAN OPERATION. A sur­
sued and signed by the kings of Franee, and
gical operatio n whereby the fcetus, which
countersigned by a secretary of state. author­
can neither make its way into the world by
izing the im pr i so ll ment of a person. Abol­
the ordinary and natural passage, nor be ex­
ished during the revolution or 1789.
tracted by the attem pts of art. whether the
CACICAZGOS. In Spanish-American mother and fretus be yet alive. or whether
law. Prope rty entailed on the caciques, or
heads of [nelian vi l lages, and their descend­
either of them be dead, is, by a cau tio ll s and
well - timed operation, taken from the mother,
D
ants. 8chm. CivlI Law, 309. wit.h a. view to save the li ves of both, or
eitlier of tb em. If this operation be per­
CADASTRE. In Spanish law. An of·
formed after the mo the r ' s death, the hus­

E
ficial staLement of the quantity and value of
band cannot be tenant by the curtesy; since
real property in any district, made for the
his right begins from the birth of the is­
purpose IJf justly apportioning the tax es pay­
sue, and is consummated by the death of the
able on sucb property. 12 Pet. 428. note. wife; but, if mother and child are sayed.
then the husband would be entitled after her
F
CADASTU. In French law. An official
statement of tbe quantity and value of realLy death. 1Vharton.

roade for purposes of tax ation i same ad ca­ CETERIS PARIBUS. Other thing.
dastre, (q. v.) being eq ual.

To end i cease : f ail.

G
CA D E R E . Lat. CETERIS TACENTIBUS. Lat. The
Ae in the phrases cadit actio, (or brttve.) tile others bei ng Silent; the othe.r judges e'(­
action (or writ) fails; cadit assisa, the as­ pressing no opinion. Comb. 186.
sise abates; cadit fjUa1stto, the discussion
ends, there is no room for furtller argument. CETERORUM. When a limited ad­

H
To be changed; to be turned into. Cadit ministration has been granted, ami a ll the

assisa injuratum, the 3S81S6 is chang ed. into property cannot be administered under it, ad­

& JUTY· ministration ca;tt.1·01'Um (as to the residue)

may be granted.
CADET. In the United States laws,
CAHlER. In old French law. A list of
8tud ent s In the military academy at West
Point are styled "c::u.1ets;" st uu ents in the
grievances prepared for deputies in the stales­ I
general. A peti tion for the redress of griev­
naval academy at Annapolis, "cadet midship­
ances enumerated.
men." nev. St. §§ 1309, 1512.
In England. The younger son of a gen­ CAIRNS' ACT. An English statute for
tleman j particularly appli ed to a volu nteer enabling the court of chancery to award dam­ J
in the army, waiting for some post. Jacob. ages. 21 & 22 Viet. e. 27.

CADI. The name of a Turkisb c ivil ma.g­ CALCETUM, CALCEA. .A. causeway,
istrate. or common bard-way, maintained and re­

C A D IT . It falls, abates, fails, ends,

paired with stones and rubbtah. K
ceases. See CADEHE. CALE. In o ld French law. A.. punisb..
ment of sai lors, resern bling tbe modern U keel·
CADUCA. In the civil law. Prope rty
hauling. "
of an inheritable quali ty; property such as de­
t.Cends to an heir. Also the lapse of a testa. CALEFAGIUM. In old law. A righ� L
ment ary disposition or It'gacy. Also an es· to take fue l year ly . Cow el l.
cheat; escbeated property.
CALENDAR. The establ ished order of
C A D U C A R Y. Relating to or of the years. montl1s,
or a systematized enumera- M1
the division of ti me into
nature of escb eat. forfeiture, or confiscation. weeks, and days;
2 Bl. Comm. 245. tio n of SliGh arrangement; an almanac.
 CALENDAR MONTH 164 CALLING

CALENDAR MONTH. One of the correspond. Also the courses and distance.-!
montbs of the year as enumerated in the cal­ designated.
endar, - January. February, March, etc .• - 3. In corporation law. A demand made
without reference to the number of days i t by the directors of a stock company upon thE
m a y contajn; as tlistiuguished from a lunar persons who have subscribetl for sbares, r&
month, of twenty-eight days, or a month for quiring a certain portion or installment of
bush"�s purposes, which may contain thirty, the amount subscribed to be paid in. The
'
at whatever part of the year it ciccurs. word. in this sense, is synonymous with "as·
sessment." (q. v.)
CALENDAR OF CAUSES. In practice.
A call is an assessment on shares of stock,
A list of the causes instituted in the particu­
usually (or unpaid installments of the suiJ..
lar court, and now ready fur trial, drawn up
scription thereto, The word is said to be ca·
by the clerk shortly before the beginning of
pable of three mea.nings: (1) The resolution
tbe term. exhibiting the titles of the suits. ar­
of the directors to levy the assessment; (2)
ranged in their order for trial, with the nat­
its notification to the persons liahle to pay i
ure of each action. the date of issue, and the
(3) tbe time when it becomes payable. 4
names of the counsel engaged; designed for
Exch.543.
the illfol'm�ltion and con venience of the court
4. In the language of the stock ex..
and bar. It is sometimes called the "trial­
change, a "C:'111" is an option to claim stock
ilst," or "docket."
at a fixed price on a certain day. Bid. �tOCK­
CALENDAR OF PRISONERS. In Brok.70.
EnglIsh practice. A list kept by the sheriffs
containIng tbe names of all the prisoners i n CALL OF THE HOUSE. A c"1I ot the
their custody, with the several judgments llames of all the members of a legislat1ve

against each in the margin. Staumlef. P. C. body. made by the clerk in pursuance of a

182; 4 BJ. Comm. 403. resolution requiring the attendance of mem­

bers. The names of absentees being thus
CALENDS. Among the Romans the first ascertained, they are imperatively summoned
day of every month. being spoken of by it­ (and, if necessary, compelled) to attend the
self, or the very day of the new moon, which session.
usually happen together. And if pTidie. the
day before. be lidded to it, then it is the last CALLING A SUMMONS. In Scotch
day of the foregoing month. as p1'idie calend. practice. See this described in Bell. Diet.
Septemb. is the last day of August. If any
CALLING THE JURY. Successively
Dllmber be placed with it, it signifies that day
drawing out of a box into which they bave
in the former month which comes so much
been previously put tbe Dames of the jUL'OrP
before the month named, as the tenth calends
on th� panels annexed to the nisi p1'ius rec­
of October is the 20th day of Septem bel'; for
ord. and calling them over in the order in
it one reclwns backwards. beginning at Octo­
which they are so drawn. The twelve per.
ber, that 20th day of September makes the
sons whose names are first called. and who
10th day before October. In March, May,
appear, are sworn as the jury. unless some
July, and October. the calends begin at the
just cause of challenge or excuse, witL r&­
sixteenth day, but in other months at the
spect to any of them, sball bti brought for­
fourteenth; which calends must ever bear
ward.
the name of the mouth following, and be
nuulbered backwards from the first day of the CALLING THE PLAINTIFF. In
said following months. Jacob. practice. A formal method o f causing 8
nonsuit to be entered,
CALENDS, GREEK. A metaphorical
'Vhen a plaintiff or his counsel, seeing
expression for a time never likely to ardve.
that sufl1cient evidence ba.<J not been given

CALL. 1. In English law. The elec­ to maintain the issue, withdraws, the crier

tion of students to the degree of barrister at

law. hence the ceremony or epoch of election,
and the Dumber of persons elected,
2. In conveyancing. A visible natural
object or landmark designated in a patent,
entry. grant, or other conveyance of lands ,
as a limit or boundary to the land deRcribed,
with which the points of surveying must
is ordered to call or demand the plaintiff,
and if ueither he. nor any person for him,
appear, he is nonsuited, the jurors are dis·
charged without giving ll. verdict, the action
is at an end, and the defendant recovers his
costs.
CALLING TO THE BAR. In English
practice. Conferring tbe dignity or degree
 C�LLING 165 CAMPBELL'S (LORD) �C'rS

of barrister at law UpOIl a me mber of one of CAMBIST. In me rca ntile law. A per­
tbe inns of court. I!olLhoUS6. son skill ed in eXChanges; one who t rades in
pro missory no te s and bi lls of exch an ge .
C A L LI N G UPON A PRISONER.
When a prison e r has been found g ui lty on an OAMBIUM. In tbe civil law. Ch an ga
i nd ictm ent , the clerk of the cou rt addresses or e xc hange .A term applie d indifferently
him anci calls upon hi m to say why judgmelJt to the eXChange of land. money, or d ebts .
shou ld not be pa ss ed upon him. Cambtum reale or mUullate was the term gen­
erallyused to denote the technical common-Ia.we:z:�
CALPES. In Scotch law. A gift to the
change of lands; cambiu.m locale, mercantile, or
head of a clan . as an aclmo wl edg m en t for tJ'ajectttiu1lt, was used to designate the modern
protectio n and ma in tena nce. mercantile contract of excbange, whereby a man.
agrees, in consideration of a sum of money paid
CALUMNIA. In the civil law. Cal­ him in one place, to pay a Hke sum in anot.her
umny malice. or ill design; a false acc usa ­
I place. Poth. de Clta11C/e, n. 12; Story, Bills, § 2, at
tion; a malicious pr osecution. seq.

In t he old common la.w. A cl ai m, de­ C A M E RA. In old E nglish law. A 0

mand, challenge to ju rors. chamber, room. or apartment; a j ud g e 's
chamuer; a. tre asu ry; a chest o r coffer. AI-
C A L U M N LIE JURAMENTUM. In
lSa, a stipend payaule frolD vassal to l ord; an
the old ca n on Jaw. A n oath similar to the
a nn ui ty.
calumnia jua}urandum" (q. '0.)
OAMERA REGIS. In old E ngl i sh law.
E
CALUMNIlE JUSJURANDUM. The
A cham ber of tbe king; a place of pec u lia r
oath of cal u m ny. An oath imposell upon
privileges es peCia lly in a commercial point of
the par ti es to a suit that th ey did not sue or
view.
defend with the illtention of cal u mniatin g.
(culumniandi animo.) i. e., wilh a m al ic ious CAMERA SCAOOARII. 'rbe old name F
design, out from a firm belief llmt they had of the exchequ er chamber, (g. c.)
a good c ause . lnst. 4. 16.
OAMERA STELLATA. Theat"rcborn-­
CALUMNIATOR. In tb e civil law. be r, (q. v.)
O ne who accused another of a crime without G
O A M E R A L ISTICS. The science of
cause; one who broug ht a false accusation.
Cod. 9, 46.
finance 01' public revenue, com prehendi ng the
means of raising and di sposin g of it.
CALUMNY. Defamati on; slander; false
accusation of a crime or offens e . .. There
O A M E R A R I U S. A chamberlaIn; a H
WHS a wo rd called ' ca l um n y ' in th e civil
keeper of Ule puulic money; a treasurer.
law, wh i ch signified an unjust prosecu ti on Also a bailiff or receiver.

or defel1se of a su it, and the phra se is said to CAMINO. I n Span ish law. A road or
be still used in the courts of Scotland <\Dd the highway. Las Partidas. pL. 3, tit. 2, 1. 6.
ecclesiastical and admiralty courts 01' Eng. I
land, though we do not find cases of the CAMPANA. In old Europ ean law. A
kind in the roport s. " SO Ohio St. 117.
bell. Spelma n.

CAMARA. In ::;pa n is h law. A treasu ry . OAMPANA BAJULA. A .mall hand_

Laa ParLidas, pt. 6. tit. 3, 1. 2.
The exchequer . 'Vhite. New Recop. b. 8,
tit. 8, c. L
bel l used in the cere monie s of the Bmnish
c hurch j and, among ProLesLants, by sextons.
J
pa ri sh cle rks . and criers. Co wel l.

CAMBELLANUS, or CAMBELLA­ OAMPANARIUM,OAMPANILE. A

RIUS. A cllamberlain. Sp el man . belfry, bell tow er, or s te eple j a place \vhere
b ells are hung. Sp elma n; Townsh. PI. 191,
K
OAMBIATOR. Engliah law. An
In old 213.
exchanger. Cambiatores moneta:, exchan­
gers of money; m on ey- cha n g ers . OAMPARTUM. A part of a l arger field
or ground, whi ch would otherwise be in gross
CAMBIO. In Spa nish law. Exchange. or in common. L
Schm. Civil Law, 148.
OAMPBELL'S (L O RD) ACTS. En­
C A M B I P A R T I A. Champerty; from glish statutes , for amending the practlce in
campu8. a field, and pa1·tus, divided. Spel­
pr osecu tioll s for libel. 9 & 10 Vi ct . c. 93 i al-
man.
so 6 & 7 Vi ct. c. 96, providi ng for compensa· M
CAMBIPARTIOEPS. A champerto r. tiOD to relatives in the ca se of a Derson hav-
 CA�IPERS
i ng been killed througis negligence; also 20
& 21 Viet. c. 83, in regard to lile sale of ob­
SCene booke. etc.
C A M P E R S. A share; a c ham pertor ' s
share; a champertous division or sharing of
land.
CAMPERTUM. A corn·field; a field of
grain. Blount; Cowell; Jacob.
CAMPFIGHT. ln oldEnglish law. The
fighting of two champions or combatants
in the field: the judicial combat, or ducllU1n.
3 lnst. 221.
CAMPUS. In old European law. An
assembly of the people; 80 ca lled from be­
ing a ncient ly held iu the open air, in some
plain c apable of containing a large number
of persons.
In feudal and old English law. A. field.
or plain. rl'he field, ground, or lists marked
out for tbe combatanls in tbe duellum. or
trial by battle.
CAMPUS MAIl. L. Lat. The field of
May. An anniversary assembly of the Sax­
ons. held on May-day, when they confederat..­
ed for tbe defense of the kingdom again st
. tearing or des troying a written instrUment.
all its enemies.
CAMPUS MARTI!. The field of March.
See CHAMP DE MA HS.
CAN. A promise to pay as soon as the
debtor possibly can is in contemplation of
law a promise to pay presently; the law sup­
poses every man able to pay his debts. 1 CANCELLATURA. In old Engl i' h law.
Bibb. 896.
CANA. A distance in tbe measure of
ground.
CANAL. An artificial ditch or trench
i n the earth, for confining water to a de­
fin eu channel, to be used for purposes of
trflnsporLation.
rrhe meaning of this word, when applied
to artificial passages for water, is a trench
or excavation in the earth, for conducting
water and confining it to nanOw limits. It
is unlike Lhe words "river," "pond," "lake,"
and other words used to designate natural
bodies of water, the ordinary meaning of
which is conllned to tbe water itself; but
it includes also the banks, and bas reference
ratller to the excavation or channel !IS a re­
ctptacIe for the water; it is an artificial
thing. 18 Conn. 894. See. al,o. 108 U. So
604.
CANCEL. To obliterate, strike, or CroSIS
out; to de stroy the effect of an instrument
166 CAXDLEMAS-DAY
by d,·facing. obliterating. expunging, or eras�
ing it. See 18 Cal. 451.
In equity. Courts ot equity frequently
cancel instruments which have ilnswered the
end for which they were created, or instru­
ments which are void or voidable. in order
to prevent them from being ve xati ou sl y used
against the person apparently bound by
them. Snell. Eq. 498.
CANCELLARIA. Chancery; the court
of chancery. Curta cancella'l'ia is also u�ed
in tlm Bame Bcnse. See 4 Bl. Comm. 46;
Cowell.
Can cellnrii An glim dignitas est, ut se­
cunduB a rege in regno habetur. The
dignity of the chancellor of Eng l and is that
he is deemed the second from the> sovereign
in the kingdom. 4 lust. 78.
C A N C E L L AR I U S. A. chancellor; a
scrive>ner, or notary. A j anitor, or one wilo
stood at the door of the court and was ac­
customed to carry out the commands of the
jUdges.
CANCELLATION. The act of crossing
out a writing. The manual operation of
1 Eq. Ca'. Abr. 409; Rob. Will,. 867. D.
According to llartolus, an expunging or
wiping out of the contents of an instrument
by two Jines c1ruwn in the manner of a crOSSj
also used to siguify any manner of oblitora­
tion and defacement.
Bract. 398b.
A cancelling.
CANCELLI. The rails or lattice work or
balusters inclosing the bar of a court of jus­
tice or the communion table. Also the lines
drawn on the face of a will or olher writ­
ing. with the intention of revoking or a n.
nulling it.
CANDIDATE. A person wbo offershim­
self, or is presented by otbers. to be ek'cted
to an office. Derived from tile Latin cancli­
dm. (white.) because i n Home it WaS the
cllston) for those who sought olHce to clothe
themselves in white garments.
One who !5eeks or aspires to some office or
privilege,01' wlto offers himself for the same.
A manis a candidate for an office when be is
seeking sllch offic e. It is not necessary that
be should hnve been nomtnated for tbe office.
112 Pa. �t. 624. 4 Atl. Rep. 607.
CANDLEMAS-DAY. A testlval ap­
pOinted by the church to be observed on the
second day of February in every year, i n
 CANFARA 167 CANTRED

bonor of the purification of the Virgin Mary, CANONICAL. Pert ai ni ng to. or In con­
being forty days after her miraculous deliv­ formity to, the canons of the church.
ery. At this festiv:.ll, formerly, the Protest­
CANONICAL OBEDIENCE. That
ants went, and the Papists now go, in p roc es­
duty which a clergyman owes to the bi s hop
sion wi th l igb ted candles; they also conse­
who orLiained him, to the bishop in whose
crate candles on this day for the s e rvi ce of
diocese he is beneficed. and also to the met­
the ellsuing year. It:is the fourth of the
ropolitan of such bishop, 'Wharton.
four cross quarter- days of the year. Whar­
ton . CANONICUS. In old En glish law. A
canon. Fleta, lib. 2, c. 69, � 2.
CANFARA. III old recor ds. A trial by
hot iron, formerly used in England. Whish­ CANONIST. One versed and skilled in
aw. the canon law; a pr ofessor of eccl esias tical
law.
CANON. A la w, rule, or ordinance in
general, and of the church i n particular. An CANONRY. In English ecclesiastical D
ecclesiastical Jaw o r sta tu te. law. An a
ec clesiastic l benefice , att aching
One of the dign i tar i e s of the English to the office of canon. Holthouse.
church; being a prebendary or member of a
CANONS OF DESCENT. Tbe lega l
chapter .
are regulated,
rules by which inheritances
In the civil, Spanish, and Mexican law. and according to which estates are transmit.. E
An annual charge or rent; an emphyteutic ted by descent from the ancestor to the heir.
rent. See 15 Cal. 556.
In old English records. A pres ta tion, CANONS OF INHERITANCE. The

pension, or cU8 to mar y pay men t . C owel l . leg al rules b y which inherit ances are regu-

CANON LAW. A body of eccle siastical

lated. and ac cording to which estates are F
transmitted by descent from the ancestor to
j urispr udence wilieh. in countries where the the heir. 2 BI. COillm . 208.
Roman Oatholic church is established. is com­
posed of maxims and rules drawn from pa­ CANT. In the civil law. A method of

tristic sources, ordinances and decrees of dividing property held in common by two or G
gene ral coun cils. and the decretals and bulls more joint owners. Se e 9 Mart. (La.) 87.
of the popes. In England, according to CAN TEL, or CANTLE. A lump, or
llIackstone. there is a ki nd of national callan that which is added above measure: also a
law. composed of lega tine and provincial con­ piece of a nything. as "can tel of bread." or H
stitutions enacted in England prior to the t he like. Blount.
reformation, and a dapted to the exigencies of
the English chnrch and kingdom . 1 ill.
CANTERBURY, ARCHBISHOP OF.
In English ecclesiastical law. The' primate
COillill. �2.
of all England; th e chief eccleSiastical digni­
The canon law consists partly of certain rules
taken out of the Scripture, partly of the writings tary in the church, His c ustomary p ri vi lege
of the ancient fathers of the church, pa.rtlyof the is tocrown the kings and queens of England;
ordinances of general and provincial councils, and while the Archbishop of York has t he privi­
partly of the decrees of the popes in former ages;
lege to crown the queen consort, and be her
Qnd it is contained in two principal parts,-the
decrees and tho decretals, The dec'rees are eccle·
perpetual chaplain. The Archbishop of Call- J
siastical constitutions made by the popes and car­ .terbury has also, by 25 Hen. VUI. c. 21. the
dinals, The decreta.ls are canonical epistles writ­ power of granting dispensations in any case
ten by the pope, or by the pope and cardinalS, at not contrary to the holy sc riptur es and the
the suit of one 01' more persons, for the ordering and
law of Gall, where the pope used f ormerly to
K
determining of some matter of controversy, and
have tbe authority of a law. As the decrees set grant tbem, which is the foundation of his
out the origin of the canon law, and the rights, gra nting special licenses to marry at any place
dignities, and decrees of ecclesiastical persons, ortime; to hold two l ivi ngs , (which must be
with their manner of election, ordination, etc., so
confirmed under the gl'eat seal,) and the like ;
the decretals contain the law to be used in the ee­
and on this also is foun ded the right he exer-
elesiastical courts. Jacob.
cises of con fe rring degrees in prejUdice of L
CANON RELIGIOSORUM. Lat. In
the two universities. Wharton.
eccles iastical records. A book wherein the
rel igious of every greater convent llad a f ai r CANTRED. A district comprising a
transcript of the rul�s of their order. fre­ hundred villagesi a hundred. A term used
quentl y read among them as their local stat­ in Wales in the same sense as "hundred" is M
utes. Kennett , Gloss.; Cowell. 10 England. Cowel l ; 'fermes de la Ley.
 CANUM 168 CAPIAS EXTENDI FACIAS

CANUM. In reudal law. A. .peeles ot CAPERS. Vessels ot war owned by prl·

duty or tribute payable from tena.nt to lord, vate persons, and different from ordinary
usually consisting of produce of the land. privateers only in size, being smaller.
Deawes, Lex Merc. 230.
CANVA SS. The act of examining and
counting the returns of votes cast at a pub­ CAPIAS. Lat. "That you take.' Th.
lic election. general name for several species of writs, the
common characteristic of which is that they
CAP OF MAINTENANCE. One of
require the officer to take the body of the ue­
the regalia or ornaments of state belonging fendant into custody; they are writs of at­
to the sovereigns of England. before whom tachment or arrest.
It is carried at tbe coronation and other
In English practice. A capias is the
great solemnities. Caps of maintenance are
process on an indictment when the person
also carried before the mayors of several
charged is not in custody. and in cases not
cities i n England. Ene. Lond.
otherwise provided for by statute. 4 Steph.
CAPACITY. Legal capaciLy is the attri­ Comm.383.
bute of a person who can acquire new rights, CAPIAS AD AUDIENDUM JUDI­
or transfer rights. or assume duties. accord­ CIUM. In practice. A writ issued, in a
ing to the mare dictates of his own will. as Cllse of misdemeanor, after the defendant has
m.anifested in juristic acts, without any re­ appeared and is found guilty, to bring him tu
straint or hindrance arising from his status hear judgment if he is not present when
or legal condition. called. 4 BI. Colllm. 368.
Ability; qualitication; legal power or right.
Applied in this sense to the attribute of per- CAPIAS AD tlOM.PUTANDUM. In
80ns (llatural or artificial) growing out of the action of HOCOlIn � render, after judgment
their status or juristic condition, which en­ of quod computet, if the defendant refuses to­

ables them to perform civil acts; as capacity
to hold lands, capacity to devise, etc.
CAPA X DOLI. Lat. Capable 01 co m­
mitting crime, or capabJe of criminal intent.
The phrase describes the condition of olle
who bas sufficient intelligence and compre·
hension to be held criminally responsible for
his deeds.
C A P A X NEGOTII. Competent to
transact affairs; baving business capacity.
CAPE. In English practice. A judicial
writ touching a plt:::a of lands or tenements,
divided into cape magnum, or the grand
cape, wbich lay before appearance to sum­
mon the tenant to answer the default, anq.
also over to the demandant; the cape ad va­
lentiam was a species of grand cape; and
cape parvum., or petit cape, after appearance
or view granted, summoning the tenant to
answer the default only. Termes de la Ley;
3 Steph. Comm. 606, note.
CAPE AD VALENTIAM. A species jUdgment. Its effect is to deprive the party
of cape magnum. See CAPE.
CAPELLA. In old records. A box,
cabinet, or repository in which were preservetl Tidd. Pro 993, 1025; Litt. § 504; Co. Litt.
the relics of martyrs. Spelma.n. A. small 289a.
building in which relics were preserved; an
oratory or chapel. Iu.
In old E ngli sh law. A chapel. Fleta, debtor to the crown, which commands the
lib. 5, Co 12. � 1; Spelman; Cowell.
appeal' personally beCore the auditors and
make his account, a writ by this name may ls�
sue to compel him.
CAPIAS AD RESPONDENDUM. In
practice. A judicial writ. (usually simply
termed a "capias,") by which actions at law
wereCrequently commenced; and which com­
mands the sheriff to take the defendant, and
him safely keep, so that he may have his
body before the court on a certain day, to an..
swer lile plaintiff in the action. 3 HI. Comm.
:.:182; 1 TidJ, Pl'. 128. The name of this writ.
is commonly abbreviated to ca. resp.
CAPIAS AD SATISFACIENDUM. In
practice. A writ of execution, (usually
termeJ, for brev.ity, a "ea. sa.,") which a par­
ty may issue afLer having recovered judgment
against another in certain actions at law. It
commands the sheriff to take the party named,
and keep bim safely. so that he may havehla;
body before the court on a certain day, to sat­
isfy the party 1>y whom it is issued, the dam­
ages or debt and damages recovered by the
taken of his liberty until he makes the satis­
faction awarded. 3 Bl. Comm. 414, 415; 2
CAPIAS EXTENDI FACIAS. A writ
of execution issuable in England against a
sheriff to "take" or arrest the body, and
 CAPITAL PU�ISIlMENT 170 CAPITATION

CAPITAL PUNISHME:NT. Tbe pun· CAPITALIS CUSTOS. Chief warden

isbment of death . or m ag i strate ; mayor. Fleta, lib. 2, c. 64,
§ 2.
CAPITAL STOCK. The commo n stock
CAPITALIS DEBITOR. The cbier or
or fund of a co!'poration. T he sum of money
principal debt o r , as disti nguished from a
raised by the subscriptions ot the stockhold­
sureLy, (plegl"s .)
ers, and divided into shares. It is said to be
the sum upon whicb cal ls may be roaue upon CAPITALIS DOMINUS. Chief lord.
tilt! s tockh old ers .and dividends are to be Fleta, lib. 1. c. 12. § 4; rd. c. 28, § 5.
paid. 1 Sanuf. Ch. 280; Ang. & A. Cor p.
CAPITALIS JUSTICIARIUS. The
§§ 151. 556.
chief justiCiary; the pri nci pal minister ot
O r'iginally lithe capital stock ot the bank" was
all the property ot every kind, everything, which
state, and gu ardian of the realm in the king's
the bank possessed. And this "capital stock, " all absence.
of it, in realit.y belonged to the contributors, it be­ This office o rigi nated under 1VilIiam the
ing intrusted to tbe bank to be used and traded Conqueror ; but its power was greatly d imin­
with for their exclusive benefit ; and thus the bauk
ished by lIIagna Gharta, and finally d istrib­
became the agent of the contributors, so that the
transmutation of the monoy originally advanced uted among several courts by Edward 1.
by the Elubscribers into property of other kinds, Spelman; a ill. Comm. 38.
though it altered the form of the investment, left.
its beneficial ownership uuaffected; and every C A P I T A L I S JUSTICIARIUS AD
new acquisition of property, by exchange or other­ PLACITA CORAM REGE TENENDA.
wise. was an acquisition for the original subscrib­ Chief j U ll i ce fOr h olding pleati before t.he
ers or their representatives, their respective in­
ki n g. 'I w title of the chief justice of the
terests in it all always continuing in the same
pI'oponion as in the aggregate capital originally
k in g's bench, first ass u med in the l atter part
advanced. So that, whether in the form of money, of the reign of Henry ill . 2 Heeve. Eng.
bills of excbange, or a.ny other property in posses­ Law, 91. 285.
sion or in action into which the money odginally
contributed has been changed, orwhich it has pro­ CAPITALIS JUSTICIARIUS BAN·
duced, aU is, as the origin al contribution was, the C!' Chief j ustice of the bench. r.rh e' ti U e ot
capital st.<:lck or the bank, held, as the original con­
the chief justiceof th e (now) court of CODlR
Ldbution was, for tho exclusive benefit of the
m o n pl eas, Jirst m ent i o ned in the first year
origino.l contributors and those who represent
them. The original contributors and those who of Edw ard I. 2 Reeve, Eng. Law. 48.
represent them are the stockholders. 51 Conn.
CAPITALIS JUSTICIARIUS TOTI.
l Oll.
Capital stock, as employed. in acts of incorpora­ US ANGLllE. Chief j ust ice of all Eng.
tion, is never used to indicate t.he value of the IRnd. The t itle of the preSidi ng justice in
property of the company. It is very generally, if the court of aula regis. S BI. Comm. 88i 1
not universally, used to designa.te the amount of
capital prescribed to be contributed a.t the outset
R�eve. Eng. Law, 48.
by the stockholders, for the purposes of the corpo· CAPI'!' I\LIS PLEGIUS. A c hiet pledgo;
raLiOIi. Tbe value at the corporate assets ma.y be
g rea.tly increased by surplus prOfits, 01' be dimin­
a bead borough. To wnsh . Pl. 35.
ished by losses, but the amoullt of the capital sLock
CAPITALIS REDITUS. A chief rent.
remains theJ same. 'l'he funds of the {�ompal1y may
fluctuate; its capital stock remains invariable, un­ CAPITALIS TERRA. A be.d·land. A
less changod by legislative authority. 23 N. J. "
piec e of land lying at tbe head of other land.
Law, 195.
CAPITANEUS. A tenant in capite.
CAPITALE. A. thing which fa s tol en, lie who held his land or title d i rectl y from
or the value or it. Blount. the k i ng himself. A. capt ai n ; a naval com ­
mander.
C A P I T A L E VIVENS. Live catUe.
CAPITARE. In old law and surveys.
Blount.
To bead, fron t, or ab ut ; to touch at the bead.
CAPITALIS. In old Engl ish law. Chief, or end.
pri nc ipal ; at the head. A term appl ied to
CAPITATIM. Lat. By the head ; by
persons , places, jud icial proceedings, and
the poll; severally to each i ndivid ual.
some kinds of property.
CAPITATION. (Lat. cap"t, head.) A
CAPITALIS BARO. In old En glisb poll.tax:. An imposition periouically laid upon
la w.C hief Laron. ('apitali,<J barD scacca1'ii each person.
domini 1'egis, chief baron of the exchequer. A ta x: or imposition raised on each per-
Townsh. Pl. 211. 80n in consideration of his labor, ind ustry.
 CAPITAL PlTKISIIM llNT 170 CAPITATION

CAPITAL PUNISHMENT. The pun- CAPITALIB CUSTOS. Chle! ward,n

ishment of death. or magistrate ; mayor. Fleta, lib. 2, c. 64.
§ 2.
CAPITAL STOCK. The common stock
CAPITALIS DEBIT OR. Th. chief or
or fund of a co!'poration. 'f he sum of 1110ney
raised oy the subscriptions of the stock hold·
prinCipal d ebt or, as dis Lingui shed from 8
sureLy. (plef}i'll,8.)
erB, und divided into sbares. It is said to be
the sum upon which calls may be matle upon CAPITALIS DOMINUS. Chief lord.
the stockholders, and dividends are to be Fleta, lib. I, c. 12, § 4; Id. c . 28, § 5.
paid. 1 SanM. Ch. 28 0 ; Ang. & A. Corp.
CAPITALIS JUSTICIARIUS. The
§§ 151, 556.
chiet j usticiary; the pri ncip al minister ot
Originally "the capital stock of tbe bank" was
state, and gu ardian of the realm in the king's
all the property of every kind, eV61'ything, which
the bank possessed. And this "capit.al stock, " all absence.
of it, in reality belonged to the contributors, it ba­ This office originated under 'Villiam the
ing intrusted to the hank to be used and traded Conqueror; but its power was greatly dimin­
with for their exclusive benefit ; and thus tho bank
ished by ilIagna Gharta, and fi nal ly distrib­
became the agent of tbe contributors, so tbat tbo
transmutation 01 the money origlnally advanced uted among several courts by Edward 1.
by tbe I:tubscribers into property at other kinds, Spel ma n ; a Bl. Corum. 38.
though it altered tbe form of tbe investm�nt, left
its beneficial ownership unaffected ; and every C A P I T A L I S JUSTICIARIUB AD
new acquisition of property, by exchnnge or other� PLACITA CORAM REGE TENENDA.
wise, was an acquisition tor the original subscl"ib­ Cllier j ustice for holding pleas bofore the
ers or their representatives, their respective in�
king. TIll' title of the chief justice of the
tereets in it all always continuing in tbe same
proportion as In the aggregnte capital originally
king's bench, Drst assumed i n the latter part
advanced. So that, whether in tbe form of money, of the reign of Henry lll . 2 Reeve, Eng.
bills of exchange, or any other property in posses­ La w, 91, 285.
sion or in action into which the money originally
contributed bas been changed, orwhicb it has pro· CAPITALIS JUSTICIARIUS BAN­
duced, all is, as tbe original contribution was, the eI. Chief justice of the bench. '.rhe·title at
capital stock of tbebank, held, as the arigiual con­
the chief j ustice of the ( n o w ) court of com..
tdbution was, for the exclusive bonefit of the
original contributors and those who represent
mon pleas, first mentioned i n the Drst year
them, The original contributors and those who of Ed ward 1. 2 Reeve. Eng. L aw, 48.
represent tbem are the stockholders. 81 Conn,
1011.
CAPITALIS JUSTICIARIUS TOTI­
Capit.'\l stock, as employed in acts of incorpora­ US ANGLIlE. Chief justice of all Eng­
tion, is never used to indicate the value of the land. 'rite title of the presiding justice in
property of the company. It is very generally, if the court of aula regis. 3 131. Comm. 38; 1
not universally, used to designate the amount of
(;apital prescribed to be contributed. at the outset
R�eve, Eng. Law, 48.
by I.ho stockholders, for the purposes of the corpo­
CAPITALIS PLEGIUS. A chie! pledge;
ration. The value 01 the corporate assets may be
a head borough. Townsh. PI. 85.
greatly increased by surplus profits, or be dimin­
ished by losses, but tho amount of the capital stock
CAPITALIS REDITUS. A chief rent.
romains the same. 'I'he funds of the company may
fluctuate; tts capital stock remains invariable, un­ CAPITALIS TERRA. A head-land. A
less cbanged by legislative authority. 23 N. J.
piece of land lying at the head of other land.
Law, 195.
CAPITANEUS. A tenant in capite.
CAPITALE. A. thing which is stolen. He who held his land 01' title di rectly from
or the value or it. Blount. the Idng himself. A captain ; a naval com­
mander.
C A P I T A L E VIVENS. Live catUe.
Blount. CAPITARE. In old law and survey".
To hrad. front, or abut; to touch at lhe heall,
CAPITALIS. In old English law. Chief, or end.
principal; at the head. .A. te rm applied to
CAPITATIM. Lat. By the head; by
persons, places, judici al proceedings. and
the poll ; 8everally to each indIvidual.
80me kinds ot property.
CAPITATION. (Lat. caput, head.) A
CAPITALIS BARO. In old English poll- tax:. An imposition periodically Jaid upon
la w. Chief baron. C'apitali.'1 bare scaccarii each person.
domini regis, Chiflf baron of the exchequer. A tax: or i mposition raised on each per­
TOII'nsb. Pl. 211. Bon in consideration ot his labof, ind ustry,
 CAPITATION TAX 171 CAPITULI AGRI

office, rank, etc. It is a very Ancient kind old statutes, which pres cribe what dresses
of tri bu te. and ans wers to what the Latin s shall be worn by all degrees of pe rsons. Ja,..
called " trib'Utltm. /I by which taxes on per- cob.
80ns arc disti ngu i sh �d from tax:�s on rner­
CAPITULA. Collections of la WB and or�
cimndise. called If veetigalia." 'Vharton.
el i nance:i drawn up under beads of div isions.
CAPITATION TAX. One- which is lev- , SpEll man .
led upon. the person simply, without any ref­ The term is used in the civil and old En�
erence to hi s property, r6;\1 or pe rsonal, or to gl ish law. and applies to the ecclesiastical
any business in which he may be en gaged. or law also, mean in g ch apters or assemblies
to any employment which be may follow. of ecclesiastical persons. Du Cangs.
Pbillips, 22. CAPITULA CORONlE. Chapters of
CAPITE. By t he hend. Tenure in capit� the crown. Chapters or heads of inq Uiry,
wasan ancient fe udal te n ure , w h e reby a man rese1l1uling tlle capit'uZa itine1'is, (q.'o ) .• but
helll lands of the king i mmedi ately . It was of a more m inute ch aracte r.
of two sor ts, the an e, pr in c i pal and ge neral,
o
-
CAPITULA DE JUDlE I S. A regis·
or of the kingas the source of all tenure; th e
ter at mortgages made to the lews. 2 lll.
othe r, speci al and 8ulmltern, or of a parti cu­
Comm. 343; Crabb, Eng. Law, 130, et seq .
lar subject. It is now abolished. Jacob.
CAPITULA ITINERIS. Ar Licles of
As to distribution per capita. see CAP1'l'A.
in q u i ry which were ancie ntly delivered to the
E
CAPITE MINUTUS. In the civil law. juSliCl'S in eyre wltt'n tbey set out on their
0111" who bad suffered capitis diminutio, one circuits. These schedules were d�signed La
who lost statlt3 or legal attrib utes. See D ig. incl ud e all possible varieties of crime. 2
4. 5. Heeve. Eng. Law, p. 4, c. 8. F
CAPITIS DIMINUTIO. In Roman law. CAPITULA RURALIA. Assemblies
A d i m i n ishing or abridgment of p t'l'son ality. or chapt.ers, held by rural deans and paro­
This was a l oss or cllrtailmeut of a manls chial clergy, within the precinct of every
,ta!us or ag�regate of legal attributes and deanery; whicb at first were every three G
quali tications, following upon certain weeks, aft..erwanls once a month. and subse­
ch anges in his civil con d i tion . It was of quen tly once a quarter. Co well.
three kinds, enumerated ai> follo w s :
CAPITULARY. In French law. A
Capitis diminutio maxima. The high� collection and code of the laws and ordi�
1St or most comprehensive loss of status. nance� promulgated by the kings of tbe Me­ H
This occurred when ;\ man's condition was ro \' ingia n and. Carh)vin gian dy n as ti es.
cbanged from one of freed om to on e of bond� Any ordf'rly and systt:: matic collection or
r" 06• wllen he became !� slflve . It s we pt away code of laws.
with it all rights of citizenship an d all family
In ecclesiastical law. A collection of I
lig hts. laws and ordinances orderly arr..mged. by eli·
Capitis diminutio media. A lesser or vi sions. A book contai ning the b�gjnning
medium loss of /,tat'u8. Thi s occurred wbere and end of each Gospel which is to be read
a Illan lost his r i�h ts uf c itizensh i p . but with� every day in the cert'lIlony of saying mass.
out losing his liberty. It car ried away also Du Cange. J
the (a mily rights .
CAPITULATION. In military law.
Capitis diminutio minIma. The low. The su rrender of a fort or fortifit!d town La a
est or least com prehensi ve degree of loss of bes iegi ng army; the treaty or agreement be­
status. This occu rred where a man's fa mily tween the COlli mantling- onicers which em· K
relations alone wel'l� changed. It happened bodies the terms and conditions on which t.he
UpOll th e arrogation of a person who had been surrender is made.
·
his own master, ( sui J'tTis. ) or upon the In th e civil law. An agreement by
emancipation of one who had been under the wilich Ll1e pr ince and the people, or those whe
patria potestas. It. left the rights of libert..y have the right of tbe people. f(lgulate the l
and citize nsh ip unaltered. See lnst. I, IG. ma nn er in which the govern m en t Is to be ad·
pl'. ; 1 . 2, 3; Dig . 4, 5, 1 1 ; Mackeld. Rom minisLered. WoltHus, § 989.
Law , § 144.
CAPITULI AGRI. Head-fi,lds; lands
C A P I T I T I U M. A covering for the lyi n g at the head or upper end of fu rro ws M
bead, mentioned in St. 1 HeD. IV. and otber etc.
 CAPITULUM 172 CAPUT LUPINUM

Capitulum est clericorum congregatio order, given to bim by what are called Ulet_
Bub uno decano in ecclesia catbedrali. ters of horning," to pay a debt or to perform
A chapter is a congregation of clergy u nder some act enjoined therehy . Bell .
one dean in a cathedral church. Co. Litt. 98.
CAPTIVES. Prisoners of war. .As in
CAPPA. In old records. A cup. Cappa the goods of an enemy, so also in his person,
hono1'is. the cap of honor. One of the so­ a sort of q uaWjed property may be acq llil'ed.
lem niLies or ceremonies of creati ng an earl or by taking him a prisoner of war, at leust till
marquis. his ransom be paid. 2 BI. Comm. 402.
CAPTAIN. A head-man ; commamlerj
CAPTOR. In international law. One
commanding officer. The captain of a war­
who takes or seizes property i n time of W}lr;
vessel is the officer first in command. In
one who takt>s the property of an enemy. In
the United Stales nn vy. the rank of U cHptain "
a s tri cter sense, one who takes a pri ze at sea.
ie internlediate between that of " colllmand­
2 Bl. COlllm. 401; 1 Kent, Comm. 86, 96,
Sl " nnd " commodore, 1t The governor or 103.
controlli ng officer of a vessel in the merchant
service is usually styled "captain" by the in­ CAPTURE. In international law. Tue
ferior office rs and seamen, but in maritime taking or w resti ng of property froUl one of
business and a;lmiralty law is rnore cummoll­ two belligerents by lbe other. It occurs
Iy designated as II master. " In foreign j u ris­ either on land or at sea. In the former case,
prudence his title is often that of " patron. t1 the property capt�red is called "booty ;" in
In the United :States army (and the militia) the latter case, "prize."
the captain is the commander of a compa.ny Capture, in technical laoguage, is a. taking by
military poworj a soizure is a. taking by civil au�
of soldiers, one of the di visions of a l'egi ment.
thority. 85 Go., 844,
The term is also used to dElsignate the com­
mander of a squad of municipal police. In some cases, this is a mode of acquiri ng
property. Thus, every one may, as H general
CAPTATION. III Frencb law. Tbe rule, on his own land. or on the sea, capture
act of one who succeeds in controlling the any wild animal, and acquire a qunlified own­
will of another. so as to become ffillster of it; ership iu it by confining it, or absolute own­
used in an invidious sellse. erShip by killing it. 2 Steph. Camm. 79.
CAPTATOR. A person who obtains a .A. head ; the head of a person;
CAPUT,
gift or legacy through artifice.
the whole person; the life of a peraon; one'.
CAPTIO. In old English law and prac­ personality; $lat�·; civil conditio n.
tice. .A taking or seizure; arrest; receiving ; At common law. A head.
holding of court. Caput com.itatis, the head of the county;
the sheriff; the king. Spelman.
CAPTION. In practice. Tbat part of
a legal instrument, as a CDmm iasion, indict­
A person; a life. The upper part of a

ment, etc., which shows w)��fe, when, and town. Cowell. .A. castle. Spelman.

by what authority it is taken, found. or exe­ In the civil law. It signified a person's
cuted. civil condition or stat'us, and among the H.�
Whon used with reference to Iln indictment, mans consisted of three component parts or
caption signifies the style or preamble or com­ elements,-libertas, l iberty ; ci,/)ita�', citizen­
mencement ot the indictmcnt ; wbon used with ship; and familia. family.
reference to a commiSSion, it signifies tbe certifi­
cate to which tbe commissioners' na.mes are sub­ C A P U T ANNI. The first day of the
scribed, declaring when and where it was execut­ year.
ed.. Brown.

The caption of a pleading, deposition, or

CAPUT BARONIlE. The castle or cbief

other paper connected with a case in court.

a baron.
seat of

is the heading or introductory clause which CAPUT JEJUNII. Tbe beginning of

shows the na1lles of the parties, name of the the Lent fast, i. ••, Ash Wednesday.
court, number of the case on the d.ocket or
calendar, etc. CAPUT LOCI. The bead or upper pad

Also si gn Hi es a taking, seizure. or arrest of a place.

of a p�r$on . 2 Sal k . 498. The word in this C A P U T LUPINUM. In old English
scnse is now obsolete i n English law. law. A wolf's head. An outlawed felon
In Scotch law. Caption is a.n order to was said to be caput lupinum. and might be
incarcerate a debtor who bas disobeyed an knocked on the head, like a wolf.
 CAPUT MORTUUM 173 CARGA

C A P U T MORTUUM. A dead head; used in playing certain games. See 2

dead ; obsolete. numph. 496; 4 Pick. 251; 19 Mo. 377; 12
Wis. 43,4.
CAPUT PORTUS. In old English law.
Thp. head of a pori;, The town to whi ch a CARE. .As a legal term, this word means
port belongs, and which gives tile denomina­ dil igence. prudence, discretion, attenti veness.
tion to tile port, and is the head of it. Hale watcllfulness. vigilance. It is the opposi te
de .Ture Mar. pt. 2, (de portubus marts.) of nE'gligcnce or carelessness.

c. 2. There are three degrees of care in the law,

corresponding ( in versely ) to the three de­
CAPUT, PRINCIPIUM, ET FINIS.
grees of negli ge nce, viz. : slight care. ord i nary
fhe head, begi n n i ng. and end. A term ap­
care, and great care .
pl ied in English law to Lbe k ing. as h ead of
Slight care or dilig ence is su ch as persons
?arlia ment. 4 Inst. 3; 1 BI. Comm . 18K
of ordinary prudence usually e xercise about

D
thei r own affairs of slight importance; ordi-
CAPUTAGIUM. In old English law.
nary care or dil i gence is such as they us ually
Head or poll 1I1 0n ey , or the payment of it.
exercise ab ou t their own affairs or ordin ary
Cowell; Blount.
importance ; and great care or di ligence is
CAPUTIUM. In old English law. A such as they usually exercise about their own
aead of land; a head land. Cowell. affaIrs of great importance. Civil Code E
Dak. § 2100.
CARABUS. In old English law. A
The exact boundaries between the several de.­
t!nd of raft or boat. Spelman. grees of care, and their correlative degrees of
carelessness, or negligence, are Dot always clearly
CARAT. A wei ght of four grains. used defined or easily pointed out. We think, however.
'0 wI;'jghi n g diaruonds. 'Vebster. A weight that by "ordinary care n is meant that degree at F
!qunl to three and on e- sixth grains. Whar­ care which may reasonably be expected from a
person in the party's situation,-tbat Is, "reasona·
.on.
ble care ; " and that II gl'OSS negligence" imports
CARCAN. In French law. An instru ­ not a malicious intention or design to produce a

lll ent of p u n ishm ent , somewhat resembling particular injury, but a thoughtless disregard ot �
consequences, the absence, ratber than the actual \J
1 pil lory. It someti mes signi fi es the pu n ish� exercise, of volition with reference to results. 2S
ment itself. Blret. Yocab Conn. 443.
Slight care is such as is usually exercisod by
CARCANUM. .A gaol ; a prIson. persons of common sense, but careless ha.bits, un�

CARCARE. In old Eng l i sh law. To

dar circumstances similar to those of the pa.rtieu·
100r case in which the question arises, and where
11
load ; to load a vessel ; to freight. their own interests are to be protected from a sim�
110.1' injury.
CARCATUS. Loaded ; freighted . .. a Ordinary care Is such as is usua.lly exercised in
.bip. the like cil'cumstances by �he majority of the oom�

CARCEL-AGE. Gaol�dues ; prison�fees.

muuity. or by persons of careful
habits.
and prudent.
I
Great co.re is such as is exercised under such
CARCER. A prison or gaol. Strictly, a circumstances by persons of unusually careful
place of d eten tion and safe�kt:f'ping. and not and prudent babits. Abbott.

of p u nishment. Co. Litt. 620.

CARENA. A term used in the old ecele· J
Career ad homines custodiendoB, non siastical la w to deno te a period of forty days.
ad puniendoB, dari debet • .A. p rison should
be used for keep ing persons, not for p unish­ CARENCE. I n French law. A proci:8�
ing them. Co. Lilt. 260a. verbal de ca1'lmce is a. doc u men t setting out
that tbe 7missieT attended to issue exec u tion H
Career non supplicii causil. sed cus­
upon a j udgment, but found nothing UpOll
todire constitutus. A prison is ortla i ned Ar!l. Fr. MArc. Law. 547.
which to levy.
not for the sake of p unisbm ent, but of de­
tenti on and guardi ng. Lo1ft, 119. CARETA, (spel led. also, CaN'eta and Oa-.

CARDINAL. In ecclesiastical law. A

recta.) A ca rt j a cart-load. L
d ignitary of the court of Rome, Dtlxt in rank CARETORIUS, or CARECTARIUS.
to the pope. A carter. Blount.
In criminal law. Small pape rs CARGA. Iu S pan ish Jaw. An incum·
M
CARDS.
or pasteboards of an oblong or rectan gular brance; a cbarge. White, New Recop. b. 2,
shape, on Wllich are printed figures or paiuts, tit. 13. c. 2, § 2.
 CARGAI;ON 174 CARRlElt

CARGAISON. In French commercial knew. Technical words in ind ictm ents fo�
Jaw. Cargo; lading. rape, aud held essential. 1 Hale, P. C. 637-
63�.
CARGARE. In old English law. To
Charge. Spelman. CARNALLY KNEW. In pleading. A
technical ph rase essential in an indictmont
CARGO. In mercantile Ia.w. The load
to charge the defendant with the crime ot
or hidin g of a vessel ; goods an·d merchand ise
rape.
pn t on iJe ard a ship to be ca rried to a cer­
tain p or t. CARNO. In old E n glish law. An 1m·
The ladin g or freight of a ship; the goods. m u nity or privilege. Cowell.
merchandise. or whatever is conveyed in a
Ship or other merchant vessel. See 1 Mason. CAROOME. In E ngl is h law. A license

142: 4 Pick. 429; 9 Metc. (M ass .) 366; 103 by tbe lord mayor of London to keep a cart.
Mass. 406.
CARPEMEALS. Cl oth made in tbe
A cargo is the loading of a. ship or other vessell
nor th ern pa rts of Eugland, of a coarSB kind,
tile bulk of which is to be ascertained from the
capac
ity of the sbipor vesseL The word embl'aces mentioned. in 7 Jac. 1. c. 16. Jacob.
all that. the vessel is 'capable of carrying. 3 Rob.
(N. Y.) 173. CARRERA. In Spanish law. A car­
riage.way ; the right of a carriage-way. Las
The term may be applied in s u ch a sense
Partidas, pt. 3, tit. 31, 1. 3.
as to in clud e pHssengers, as welt as freight,
but i n a techn ical St:HL81:l it ues ignates goods CARRIAGE. A vehicle used for the
only. trall1-lporta.tlon of person!i either for plea'iure

CARIAGIUM. In old E n gl ish law. Car­ or busi n ess. and drawn by horses or other

ri age ; the carryin g of goods or other things draught animals over the or(linary streets

for the king. and highways of tbe country; not including

cars used excl usively upon railroads or street
CARISTIA. Dearth, scarcity, dearness. railroad s eXJlressly constructed for the U8e of
Cowell. such cars. 63 Wis. 97, 23 N. W. Rep. 425;
CARK. In old Engl ish law. A quantity 8 Kan. 84; 47 X. Y. 122; 46 N. H. 523; 5 Q.
of wool, whereof thirty m ak e a sarplar. B. Div. 176.
( The 2,240
I
latter is equal to pounds in The act of carryin g, or a coutract for trans..
weight. ) St. 27 Hen. VI. c. 2. J acob. po rtatio n of persons or goods.
The contracL of carriage is a contract for
CARLISLE TABLES. Life and ann u- the conveyance of property. persons, or mes.
ity tables, compiled at Carlisle. England. sages from one place to another. Civil Code
auout 1780. Used by actuaries, etc. Cal. § 2085; Civi l Cod. Dak. § 1208.

CARMEN. In the Roman law. Liter­ CARRICLE, or CARRACLE. A Ship

ally, a verse or song. A for m ula or form of of great burden.
words used all various occasions, as of di­
vorce. Tay!. Civil Law, 3.49. CARRIER. One who undertakes to
transport goods from ODe place to auother.
CARNAL. Of the body; relati ng to the 1 Pars. Couto 632.
body ; fleshl y ; sexual. One who carries or agrees to carry the
goods of <lnoUI "'!".
I from olle pl ace to another,
CARNAL KNOWLEDGE. The act of
for hire, or wit hout bi re .
R man in baving sexual bodily connection
Carriers lire either common or private.
with a woman.
l'rivate carriers are persons who underlake
Carnal knowledge and sexual intercourse beld
equivalent expressions. 22 Ohio St. 54l. for tbe transportation in a part.i clliar instance
Frem very early times, in the law, 8.8 in common only. not. maki ng it t.11eir vocalion, nor bold­
speech, the meaning of the word5 "carnal knowl­ ing themselves out to the public a8 ready to
edge" of 0. woman by 0. maD has /Jeen sexual bodily
act for all who desire their services.
connection; and these words, wit.hout. more, hnve
To bring a person within t.he description of
been used in that. sense by writers of the highest
authority on criminal law. when undertaking to a common carrier, he m ust exercise it a8 a
give a full and pl·ecise definit.ion of t.he crimo of pllbli c employmentj ho must undertake to
rape, the higbest. crime of this character. 97 Mass. carry goods for persolls gene rall y ; and he
e!.
must hold himself out as ready to trausport
CARNALITER. In old criminal law . goods for bire , as a business, not &8 a casual
Carnally. Oarnaliter cognovit, carnally occupation, pro hac vice.
 " C.I RRT" A 'LIY" 175 CASE

" CARRY A"VAY," A technical phrase particularly ordered to carry no cargo, am·
to an indictment for larceny, translating the munition, or implements of war, except a
Lat. a8portavit. 7 G ray, 45. single gun for the purpose of aignala. Enc.

CARRYING AWAY.
Lond.

C A R T :rI.[ E N .
In criminal 13w.
The act of removal or as po rtati o n, by which Carriers who lrilllSpOI·t

Lhe crime of larceny is completed, alld which gQods Hnd merchandise in carts, usually for

is essential to constitute it. short distances, for bi re.

CARTULARY. place w here

CARRYING AWAY INFANT FE­
A papers

MALES.
or records are kept.
See AnnUCTION.
CARUCA, or CARUA.
CARRYING COSTS.
A plow.
A verdict is said
to carry costs when the pnrty tor whom the CARUCAGE. In old Englisb law. A
verdict is gi ven becomes enti tled to the pay­ kind of tax or tribute anciently imposed upon
ment of bis costs as incident to such verdict. every plow. (cal1le or plow-land.) for the 0
CART.
public service. Spelman.
A. c:lrriage for l uggage or burden,
with two wheels, as distinguished frolll a CARUCATA. A certain quantity of land
wagon, which has four wheels. The vehicle used as the basis for taxation . As much
in which criminals Hre taken Lo execution. land as may oe tilled by 8 single plow in &
This word. in its ordinary and primary nCo­ yeaI' and a day. Also, a team of cattle. or a E
ceptation, signifies a carriage with two carL·lo,ttl.
wheels; yetit has also a more extended sig­ CARUCATARIUS. One who held land.
nification. and may mean a carriage in gen­ in carvage, or plow-tenure. Cowell.

CARUE. A carve of land; piow-Iand. F

eral. 22 Ala. 624.

CART :SOTE. W'ood or timber which a Bl'itt. c. 84.

CARVAGE.
tenant Is Hllowf'd by law to tnko from an es­
The same as C&I'ucage, (g"o
Co well.
tate, foJ' the purpose of repHiring instru­
•. )
ments, (including necessary vehiCles,) of hus­
bandry. 2 Bl. Comm. 35. CARVE. In old English law. A ..ru. G
cate
CARTA. In English law.
01' plow-land.
old A char­
ter, or deed. Any written imnrument. CAS FORTUIT. Fr. In the law of in­
In Spanish la.w. A letter; a deed; a surance. A fortuitous event; an inevitable
power of attorney. Las Partidas, pt. 3, tit. accident. H
18, I. SO. CASATA. In old English law. A ho use
CARTA DE FORESTA. In old En­ with land suffident for tile support of one
glish law. The charter of the forest. More family. Otherwise called u hida," a bide of
commonly called " Cha,·ta de FOTesla, " (q. t).) land. and by Bede, "familia." Spelman.

CARTE. In Fren ch marine law. A CASATUS. A vassal or feudal tenant

chart. possessing a casata; that is, having a house,

CARTE BLANCHE.
household. aud property of his own.

CASE.
A white sheet of
paper ; an instrument sig ned , but otherwise
1. A general term for an action, J
cause, suit. or controversy, atlaw or in equity.
left blank. A sheet given to an agent, with
the principal's signature appended. to be
A question contested before a. court of jus­
tiCE>.
filled up with any cont rac t or engagement as
The primary menning of "case to is "cnuse. "
the agent may see fit.
ly, unlimited authority.
Hence, metaphorical­
Wbeu applied to legal proceedings, it imports 110 K
state of facts which furnishes occasion for the ex­
CARTEL. An agreement bE'tween two ercise of the jurisdiction of a court of justice. In
its generic sense, the word includes Illi cases, spe..
hostile powers for the deli very of prisoners cial or otberwise. 12 N. Y. 5!)2, 590.
challenge
or desel·Lers.
flght a duel.
Also 8 written to
2. A statement of the facts involved in a L
transaction or series of transactions, drawn
CARTEL-SHIP. A vessel commissioned up i n w ri ting in a technical form, for sub­
in time of war to exchange the prisoners of m ission to a court or judge for decision or
any two hostile powers; also to carry any opinion. Under this meaning of tlle term
particular proposal from one to another. For are incl uded a "case made" for a motion for M
this reason, the officer who commands her is new trial, a " case rese rved" o n the tri al ot
 CASE 176
a cause, an "agreed case" for decision with-
out trial, etc.
3. A form ot action which lies to recover
damages for injuries for which the more an-
cient forms of action will not lie. Steph.
PI. 15. See TRESPASS ON 'l'IlE CASE.
CASE AGREED ON. A fonnal writ-
ten enumeration of the facts iu a case, as­
sented to by both parties as correct and com­
plete, and submitted to the court by their
agreem�nt, in order that a decision may b e
rendered, without a trial, upon the court's
conclusions of la\." upon the facts us stated.
CASE FOR MOTION. In English di.
vorce and probate practice, when a party de-
8in:s to marie a motion, he must file, among
othel" papers, a case for motion, containing
an nbstl'act of the proceedings in the suit or
action. Cl statement of tbe circumstances on
which the molion is founded, and the prayer.
or nature of the decree or ol'der desired.
Browne, Div. 251; Browne, Prob. l'lr. 295.
CASE LAW. A professional name for
the aggregate of reported cases as formillg
a body of jurisprudence; or for the law of a
particular subject as evidenced or formed by
the adjudged cases ; in disti nction to statutes
aud other sources of law .
CASE O N APPEAL. In American
pract ice. Before the argument in the ap­
pellate (;onrt of a Ctlse brought thE"ce foc re­
view, lhe appellant's counsel prepares a doc­
ument or brief, bearing this name, for the
information of the court, detailing the testi­
mony and the proceedings below.
In English practice. The ·'case on a�
peal" is a printed statement prepared by each
of the parties to an appeal to the house of
lords or the privy COllllCil, setting out me­
thodically tbe facts which make up his case,
with appropriate references to the ev idence
printed in the " appendix." The term also
denotes a written statement, prepared and
transmitted by an inferior court or judge,
raising a question of la w for thE", opinion of a
superior court.
CASE RESERVED. A statement In
writing of the facts proved on the trial of a
cause, drawn up and settled by the attorneys
and counsel for the respective parties under
the supervision of the j Udge, for the purpose
of having certain points of law, which arose
at the trial, and could not then be satisfac-­
torily decided, determined upon f u ll argu­
ment before the court in bane. '1'his is oth­
erwise called a "special cRse;" and it is usual
CASHIER
I for the parties, where the law of the case II
doubtful, to agree that tbe jury sball find a
general verdict tor the plaintUT. subject to
the opinion of the court upon sucll a case to
be mad!', instead of obtaining from the jury
a specic\l verdict. 3 HI. Camlll. 378; 3 Steph.
Comm. 621; Stepb. Pl. 92. 93; 1 Burrill, Pl'.
242. 463.
CASE STATED. In practi ce. An agree­
ment in writing. between a plaintiff and de-­
fendant, that the facts in dispute between
them are as therein agreed upon and set forth.
3 Whart. 143. A case agreed upon. See CASH
AGRIJ:ED ON.
CASE TO MOVE FOR NEW TRIAL.
]n prnclice. A case prepared by the party
against wholll a verdict has been given, up­
on which to move the court to set aside the
vel"dict and grant a new trial.
CASH. Ready money; whatever can bt
used as money without being con verted into
another form ; that which circulates as money!
including ballk·biUs.
Cash payment means the opposite of cr�U.
6 Md. 37; 24 N. J. Law. 96.
CASH·ACCOUNT. A record. In book·
keeping, of all cash transactions; an account
of moneys recei ved and expendeu.
CASH· BOOK. In book. keeping, an ac·
count-book i n which is kept a record of all
cash transactions, or all cash received nnd ex­
pended. The object of the cash·book is to
afford a coustan t facility to ascertain the true
state of a man's cash. Pardessus, n. 87.
CASH·NOTE. In England. A bank·
note of a provincial bank or of the Bank at
England.
CASH·PRICE. A price payable in cash
at the time of sale of property. i n opposition
to a barter o r a sale on credit.
CASHIER, n. An officer of a moneyed in­
stitution, or commercial house, or bank, who
is intrusted with, and whose duty it is to take
cure of, the cash or money of such institutioD
or bank.
The cashier of a bank is the executive of­
ficer, through whom the whole tinanciaL op­
erations of the bank are cond ucted. He ra­
cei ves and pays out its moneys, collects and
pays its debts, and receives and transfers its
commercial 8ecurities. Tellers and other
s�bordinate officers may be appOinted, but
they nre under his direction, and urc, as it
were, the arms by which deSignated portions
of bis variouB fUllctions are discbarged. The
 CASIII ER
directors mayUmit his fluthority ns th ey deem
proper. but this would not affect those to
WbOLO the limitation wp.s unknown. 10 "Tall.
650.
CASHIER, o. In military law. To de­
prive a military officer of his rank and ofllee.
CASHLITE. An amercement ·or fine ; a
mulct.
CASSARE. To quash; to render void ;
to break.
CASSATION. In French law. Annul.
ling; reversal ; breaki ng the force and va­
lidily of a jUdgment. A decision emanating
from the sovertlign authority, by which a de­
cree or j udg m ent in the court of last resort is
broken or annulled. Merl. Repert.
CASSATION, COURT OF. (Fr. COllr
de cassation. ) 'fhe highest court in France ;
so termed from possessi n g the power to quash
(casser) the decrees of inferior courts. It i�
a court of appeal i n criminal as well as civil
cases.
CASSETUR BILLA. (Lat. That the bill
be quashed. ) In practice. The form of the
judgmentfortbe defendant on a plea i n abate­
ment, where the action was commenced by
bill, (billa.) S Bl. Comm. 303; Steph. PI.
128, 131. The form of an entry made by a
plaintiff on tbe record, after a plea in abate­
ment, where he found that the plea could not
be confessed and avoided, nor t.raversed. nor
demurred to; amount.ing in fact to a discon­
tinuance of the action. 2 Arclt b. Pro K. B.
3, 236; 1 Tid,l. Pro 688.
CASSETUR BREVE. (Lat. That the
writ be quashed. ) In practice. The form of
the judgment for the defendant on a plea i n
abatement, where the action was commenced
by original writ, (bre••• ) 3 BI. Corum. 303;
Stepb. PI. 107, 109.
CASSOCK, or CASSULA. A garment
worn by a priest.
CAST, tl. In old English practice. To
allege. offer, or presen t ; to proffer by way of
excuse, (as to " cast an essoin.")
'I'his word is now used as a popular. ratb­
er than a technical, tel'm, ill the sense of to
OVl;lrcoroe, overthrow, or defeat in a civil ac·
tion at law.
CAST, p. p. Overthrown, worsted, or de­
teated in an action.
CASTEL, or CASTLE. A fortress In a
town : the principal mansion of a nobleman.
8 lllst. 31.
AM. DIOT. LAw-12
177 CAST RAT I ON
CASTELLAIN. In old English law.
The lord, owner, or captai n of a castle; the
constablt· of a fortified ll'Ouse j a person hav­
ing the custody of ODe of the crown man·
sions; an officer of the forest.
. CASTELLANUS. A castellain; the
k eeper or constable of a cas�le. Spel man.
CASTEL,LARIUM, CASTELLATUS.
In old English law. The p recinct or jnris­
diction of a castle. Blount.
CASTELLORUM OPERATIO. In
Saxon and old English law. Castle work.
Service and labor done by inferior tenants for D
t.he building and uphOlding castles aud pub4
lie places of defense. One of the three nee..
essary ch arges , ( trinoda necessitas,) to which
all lands among the Saxons were ex pressly
subject. Cowell. E
CASTIGATORY. An engIne used to
punish women who have been convicted of
being common scold s . It is sometimes called
the " tn:bucket." " tumbrel," "ducking .. F
stool, " or "cucking-stool. ,.
CASTING. Offering; allegi ng by way
of excuse. Casting an essoin was alleging
an �xcuse for not appearing in comt to an· G
s we r an action. IIolthouse.
CASTING VOTE. Where the votes ot
a deli berati ve assembly or legislati ve body
are equally divided on any question or mo- H
tion, it is the privilpge of. the presiding offi-
cer to cast one vote (if otherwise he would
not be enLitled to auy vote) on either side. or
to cast. one additional vote. if he hns already
voted as a member of the body. This is
called the " casting vote."
By the common law, a casting vote sometimes
signifies the single vote of a person who novel'
voteS j but, in tbe case of an equality. sometimes
the double vote of a person who first votes wit.h
the rest, and tben, upon an equality. creates a ma.­
J
jority by giving a second vote. 48 Barb. 606.
CASTLEGUARD. In feudal law. An
imposition anciently laid upon such persons
as lived within a certain distance of any cas· K
tie, towards the maintenance of such as
watched nnd warded the castle.
CASTLE GUARD RENTS. In old En· l
glish law. Rents paid by those that dwelt
within the precincts of a castle. towards the
maintenance of such as watched and warded
it.
CASTRATION. The act of depriving a M
man of the testicles.
 CABTRENSIS 178 CASUS

CASTRENSIS. In the Rom an law. Re­ to a superior that is, from a tenant to hil
,

luting to the camp or military s ervice.
Oafltre-nse peculium, a porti on of property
which a Bon a cquired in war, or from bis
connection with the camp. Dig. 49, 17.
CASTRUM. Lat. In Roman law.
lord, which arise upon uncertain events , as
opposed to the pay ment of rent at fixed and
stated ti m es. Bell.
CASUALTIES OF WARDS. In Scotch
A law. The mails and duties due to the sup�
.

ca mp . rior in ward· holdings.

�
In old English law. A castle Bract.
. .
CASUALTY. Ine vitable accident; an
fol. 6gb. A. castle, i nclud i ng a manor. 4 even t not to be for�seen or guarded against.
Ooke, 88. A loss from such an event or causej as by
CASU CONSIMILI. In old E n gl ish fire, shipw reck, ligli tni ng, etc. Story, BaUm.
law. .A w rit Qf entry, granted where tenant § 240.
by the cur tesy, or t ena n t for lHe. alienated
CASUS. Lat. Chance; accident; an
in fee. or in tail . or fo r another's life. which e vent ; a case; a case con te mp lated .
was brought by him in reversion against the
party to w hom such tenant so alienated to CASUS BELLI. An occurrence giving
h is prejudice. an d in the tenant's lire-time. rise to or
ju sti fyi ng war.
Termes de la Ley. CASUS FCEDERIS. In international
CASU PROVISO. A writ of entry law. Thecase of t he treaty. The particu·
framed under the provisions of the statute of lar ev ent or situation con templ ated by the
Glo ucester, (6 Ed w . 1..) c. 7, wh ic h lay for treaty, or sti pu lated for, or which comes
the benefit of the r eversioner when a tenant within its terms.

in dower aliened in fee or for life. In commercial law. Th e case or event

contemplated by the parti es to an individual
CASUAL. Tha t which happens accident­
contract, or stipulated for by it, or coming
ally, or is brought about by ca uses unknown;
within its terms.
fortuitou s ; the res u l t of chance.
CASUS FORTUITUS. Lat. An inev­
CASUAL EJECTOR. In practice. The
itable accident, achance occurrence, or for·
nominal defenda.nt in an action of ej ectm ent ;
tuitous event . .A loss bappening in spite
80 called because, by a fic ti on of law pec u liar
of all human effort and sagacity . 3 Kent,
to that action, he is supposed to come casu­
Comm. 217, 300; Whart. Neg. §§ 113, 553.
ally or by acci dent upon the premises, and to
tLlrn out or eject. the lawful possessor. 3 Bl. Casus fortuitus non est sperandus, et
Com m . 203; 3 �teph. Comm. 670. nemo tenetur devinare. A fortuitous
event is not to be expected. and no one is
CASUAL EVIDENCE. A phrase used
bound to foresee it. 4 Coke, 66.
to denote (in contl'adislinction to " p reap­
pai nted eviden ce " ) all s u ch evidence as bap­ Casus fortuitus non est supponendus.
pens to be allducible of a fact or event, but A fortu itou s event is not to be presumed.
which was not prescribed by statute or oth­ liardr. 82, argo
erwise arranged beforehand to be the evi­
CASUS MAJOR. In the civil law. .A
dence of the fact or event. Brow n.
cas ual ty; an extraordinary cas ualty, as fire,
CASUAL PAUPER. A poor perso n who, sh ip wreck , etc. Dig. 44, 7, 1, 4.
in E n glan d , applies for relief in a parish oth­ CASUS OMISSUS. A case omitted; an
er than that of his settlement. The ward in eve nt or conti ngen cy for which no provis.
the work-house to w h ich they are admitted ion is made; particularly a case not pro­
is called the "casual ward. " vided for by the statute on the gem'ral sub-­
CASUAL POOR. In Engl i sh law . ject , t, Oll which is therefore left to be gOT­
Those who are not set tled in a paris h. arn ed by the common law.

Such poor persous as are su dden ly taken Casus omissus et oblivioni datus dis...
sick, or m eet with some accident, when away
positioni juris communis relinquitur.
from home , and who are thu s pro vid entially
A case omitted and given to oblivion (for­
thrown upon the charities of those among left to the disposal of th e common
gotten ) is
whom they happen to be. 17 N. J. Law, law . 5 Coke, 38. .A. particular case, loft
405. u nprovided for by s tatut e, must be disp osed
CASUALTIES OF SUPERIORITY. of according to the law as it existed prior to
In. Scotc h law. Payments from an inferior s uch statute. Broom, Max. 46.
 CASUS 179 CATHOLIC CREDITOR

Casus omissus pro omisso hab endtlB extravagant rate, to an heir or any one who
est. A case omitted is to be beld as (inten­ has an estate in reversion or expectancy, to
tionally) omitted. Tray. Lat. Max. 67. be repaid on the vesting of his Interest; or a
similar unconscionable bargain with snch
CAT. All instrument with which crimi­
person for Lh e purchase outright ot bls ex­
nals are flogged. It consists of nine lashes of
pectancy.
whip-cord, tied on to a wooden handle.
CATCHINGS. Things caught . and in
CATALLA. In old E n g1i s h law. Chat­
the possession, custody, power, and domini o n
tels. The word among the Na rman a prima­
of the party, with a present capacity to use
rily signified only beasts of h u sbandry, or, as
them for his own purposes . The term in­
they are still called. .. cattle. It hut. in a sec­
cludes blubber, or pieces of wbale flesh cut
ondary sense, the term was applie d to all
from tbe wbale. and stowed on or under the
movables in ge neral. and not only to these.
deck of a ship , A policy of insurance upon
but to whatever was not a fief or feud.
outfits, and catchings substituted for Lhe out;..
Wharton.
fits, in a wbaling voyage, protects the blubber* D
Catalla. juste poss essa amitti non pos­ 1 Story, 60� ; 4 Law Hep. 297.
sunt. Chattels justly possessed canllot be
C A T C H L A N D. Land in Norfolk, so
lost. Jenk. Cent. 28.
called because it is not known to what parish
CATALLA OTIOSA. Dead goods or it belongs, and. the m inister who first seizes E
chattels, as distinguisbed from animals. Idle the tithes of it, by right of preoccupation, en.
cattle. that Is, such as were not used for joys them for that year. Cowell.
working. as distinguished fro III beasts of the
CATCHPOLL. A name formerly give n
plOW; called I\lso a1Jimalia vtiosa. Bmct.
to a sheriff's deputy, or to a constable. or
lols. 217, 217b; 3 Bl. Comm. 9.
other officer whose duty it is to an-est per­
F
CataUa reputantur inter minima in sons. He was a sort of serjea n t. The word
lege. Cbattels are considered in law among is not now in use as an official designati on.
the least things. Jenk. Cent. 52. Minshew.

CATALLACTICS. The Bcience of polit- CATEGORICAL. A term of logiC. mean. G

leal et'Onomy. ing direct; unqualified; unconditional.

CATALLIS CAPTIS NOMINE DIS· CATEGORY. 111 logi c . .A seri es or or­

TRICTIONIS. An obsolete writ tbat lay der of aU the vredicates or attributes contained
where a house was wi thin a boro u gh , for under a gen u s. H
rent issuing out of the same, a1l(1 which WHr·
CATER COUSIN. A expr es sion used to
ran ted the lakin g of doors, windows, etc., by
designate a very distaut relation.
way of distress.
CATHEDRAL. In English ecclesiastical
CATALLIS REDDENDIS. For the reo
law. The church of the bishop of the diQ-o
turn of the chattels; an obsolete writ that
cese, in which is his cathed1'a, o r throne, and
lay where goods delivered to a man to keep
hi s special jurisdiction; in that respect the
till a certain day were not upon demand re·
p rin cipu.1 church of the diocese.
delivered at the day. Heg. Orig. 39.

CATALLUM. A chatlel. Mos t freq uent­

CATHEDRAL PREFERMENTS. In J
EngJisll ecclesiastical law. All de aneries,
Iy used in the plural form, catalla, (g. c.)
81'dlUeaConries. and canonries, and generally
CATALS. Goods and chattels. See CA· all dignit ies and offices i n any cathedral or
collegiate church, below the rank of a bishop.
TALLA.
K
CATANEUS. A tena n t in capite. A CATHEDRA TIC. In English ecclesias­
Lenant holding immediately of the crown. tical law. .A su m of 2s. paid to the bishop
Spelman. by the inferior Clergy; but frow its being
usually paid at the bishop's synod. or visita·
CATAPULTA. A cata pult. A warl ike
tion. it is commonl y named sY'IJodals. Whar­ L
engine to shoot darts ; a c ross-bow.
ton.
CATASCOPUS. An old name for aD
CATHOLIC CREDITOR. In Scotch
Rrchdeacon.
law. A creditor whose debt is secu red o n all
CATCHING BARGAIN. A bargain by or several uistinct parts of the deutor's prop- M
which money is loaned, at an extortionate or el'ty. Bell.
 CATHOLlU EMA}fCIPATION ACT 180 CAUSA

CATHOLIC EMANCIPATION ACT. CAUSA. 1. A cause, reason, occasion,

The slatute ot 10 Geo. IV. c. 7. by which Ro· motive. or ind ucement.
man Catholics were restored. in general. to 2. In the civil law a.nd in old English
the full e nj oym ent of all civil rights, except law. '.rho WOrt) sign ified a sourCE'. ground.
that of holding ecclesiastical offices. and cer­ or mode of acquiring prope rty ; honce a ti tle:
tai n high appointments i n the state. 3 Steph. one's title to property. Th us . "1.'itulus e6t
Comm. l09. justa cau.sa possidendi id quod nostrum
est;" tit.le is the l awf ul ground of possessing
CATONIANA REGULA. In Roman
that which 1S ours. 8 Coke, 1053. See
law. The rule which is commonly expressed
llackeld. !lorn. Law. §§ 242. 283.
i n the maxim, Quod ab initio non valet
3. A cond ition; a consideration; moti ve
tractu temporis non convalebU, meaning that
for performing a j uristic act. Used ot con­
what is <It the beginning void by reason of
tracts, and found in this sense i n the ticotch
some teclmical ( o r ot h er) legal defect will not
la w also. Up.ll.
become v.llid merely by length of time. The
rule R!lplied to the institution of ha:redes,
4. In old Engli sh la.w. A cause; a suit
or action pend i n g. Causa testllmenta1"ia. a
the beqllest of legacies. and sllch like. The
testallientary cause. Oausa matl'imonialis.
rule is not without its application also in En�
a mat.riwonial cause. Bract. fol. 61.
glish law; e. g., a married woman's will (be­
ing void when made) is not made \'aJid me re­ S. In old European law. Any movable
ly because sbe lives to become a wid.ow. tiling or article of property.
Brown. 6. Usetl with the forcE' of a prepoS i tio n, it
means by virtue of. on account of. Also
CATTLE. A term which includes tIle wilh reference to, in contempillt.ion of.
domestic animals generally; all the animals Cau.sa mortis, in anticipation of death.
used by man lor labor or food.
Anilnals of the bovine genus. In a wider Causa causre est causa causati. The
sensf'. all dom esti c animals used by man for cause of a cause is th e cause ot the th ing
labor or food, including s h eep, (2 Sawy. l48,) caused. 12 Moo. 639. The calIse of the
and b ogs. (21 Wall. 294.) cause is to be considered 85 tile cause o[ the
effect also.
CATTLE-GATE. In English law. A
CAUSA CAUSANS. T he immedlate
right to pastu re cattle in the land of another.
cause; the last link in the cbain of causa-­
It is a distinct and several interest in the
tion.
land, passing by lease and release. 13 East,
159; 5 Taunt. 811. Causa causa.ntis, causa. est causatl.
The cause of the thing causing is the caUBe
CATTLE-GUARD. A de vice t o prevent
of tbe effect. 4 Camp. 284; 4 Gray. 398.
cattle from straying along a railrOl.lll-lrack at
a highway-cross lllg. Century Dict. See 31 CAUSA DATA ET NON SECUT�
Kan. 337. 2 Pac. Rep. 800. In the civil la w. Consideration given and
not followed, that is , by the event u pon
CAUDA TERRlE. .A l a nd's end, or the which it was given. The name of 8n ac­
a ridge in arable laod. Cowel l.
bottom of
t ion by whicb a thing given i n the view of a

CAULCEIS. Highroads or w ays pitched certain event was rec lai m ed if that event

with flint or otlier stones. did not take place. Dig. 12. 4 ; Cod. 4.6.

CAUPO. In the civil law. An innkeeper. Causa. ecclesim publicis requiparatur ;

Di g. 4. 9. 4. 5. et summa est ratio quoo pro re hgion e
facit. 'fhe cal1S(� of the church is eq ual to
CAUPONA. In the civil law. An Inn public cause; a n d paramount is the rea80n
or tavern. lost. 4. 5. 3. which makes for religion. Co. Litt. 341.

CAUPONES. III the civil law. Inn· Causa. et origo est materia negotii.
keepers. Dig. 4. 9; Id. 47, 05; Story, Ag. The cause and origin is the subslance of the
§ 458. thing; the cause and origin of a thing are a
material p art of it. Tbe law .regards the orIg­
CAURSINES. Italian merchants who
inal act. 1 Coke. 99.
came into England in the reign of He!:!ry
IlL. where they established themselves as CAUSA HOSPITANDI. For the pur.
money lende!"s, but were soon e xpelled for pose of being en tertained aa a guest.. 4 Maule
their usury and extortion. Cowell ; lli ou nt. &; S. 310.
 CAUSA 181 CAUSE

CAUSA JACTITA'l.'IONIS MARITA­ Causre dotis, vitoo, libertatis, flse! aunt

GIl. A form of action Wllich anciently lay inter favorabilia in lege. Causes of dow­
:lgains t a party
who boasted or gave O�Jt that er. life,liberty, revenue, are among thetbings
be OJ'was married to the pl ai nt.iff. where­
she favored in law. Co. Litt. 341.
by a common reputation of their marri<lge
might ensue. 3 HI. C oru m . �3. CAUSAM NOBIS SIGNIFICES
QUARE. A writ addressed to a mayor of 8
C A U S A MATRIMONII PRlELO­ to w n , elcwho was by the ki ng's writ com­
••

CUT!. A writ lyin g where a woman bas manded to g iv e seisin of lands to the king' !
given lands to a ma n i n fee-si mp le with the grantee, on his delaying to do it. requiring
intention tilat he shall marry bel', and he re­ him to show cause w h y he so delayed th€' perM
fuses so to do within a reoBonable time, upon forrnance of b i s duty . Blount; Cowell.
BuiLable request. Cow ell . Now obsolete. 3
Dl. Corum. 183, note. CAUSARE. In the civil and old En-
g lis h Jaw. To be enga ged in a suit; to liti-
CAUSA MORTIS.
approaching death.
In contemplation of
In view of deatb. Com­
gate; to eond uet a ca us e. D
m on ly occurring in the phrase donatio causa CAUSA TOR. In old European law.

mortis, (q . •• ) One who manages or li tigates another's

cause. Spelman.
CAUSA PATET. TIle reason is open.
obvious, pl ai n , clear, or m an i fest. A com­ CAUSE. That which produces an effect; E
mon expression in old writtJfs. Perk. c. 1, whatever moves, impels. or le<lds. The -ori-
§§ 11, 14. 97. gi n or foundation of a thi ng , asof a suit or ao­
tion; a ground of action. 1 N. Y. 47.
CAUSA PROXIMA. The immediate. The consh.l eration of a cont ract. that Is, F
n�arest. or laiest cau se. the ind ucem en t to it, or motiye of the con­
tracti ng party for en ter ing into it, is. in the
Causa proxima. non remota, spectatur.
civll alld Scotch law. called the " cause. "
The i m medi ate . not the remote. cause, is
l'bo civilians use the tOl'm "cause . " in relat.ion
looked at, or con sid ered . 12 East, 648 ; 3
Kent, Com m . 302; Story, BaHm. § 515; Bac.
to obligationsj in the same sense as the word "'C{)IlM
eideration " is used in the jurisprudence of England
G
Max:. reg. 1. and the United States. It means the motive, the
inducement to the ug'reement,-'Ld quod imd,ucetad
CAUSA REI. In the ci vil law. The cont1'ahe1ulnm. In contracts of mutual interest,
Rccessions. llppurtenan ces. or fruits of a the cause of the engagement is the thing given or

thing ; comp rehend ing all that the claimant done. or engaged to be given or done, or the risk H
incurred by one of the pa.rties. 1 La. Ann. 19�.
of a principal thing can demand from a de­
In pleading. Reason; mot i ve ; matter ot
fen d a nt in adtl i tioll thereto, and especially
what he would have had, i f the thing had
excuse or justification.
not been wilhheld from h im . Inst. 4, 17. 3 ; In practice . A suit. litigation. Ol' action .
Any question, civil or criminal, contested
I
Mack eld . Rom. La \V, § 166.
before a court of ju stice.
CAUSA REMOTA. .A. rem ote or mediate
Cause imports a judicial proceeding entire, and
cause; a cause operating indirectly by the in­ is nearly synonymous with t'f,s in LaLin, or suit i n
tervention of other causes. English. Although allied to the word "case," it
differs from it in the application o� its meaning.
J
CAUSA SCIENTllE: PATET. The A cause i s pending, postponed, appealed, gained,
reason of the lmowledge is evident. A tech­ lost, etc. ; whereas a. case is made, rested. argued,
decided. etc. Case is of a. more limited significa.­
nical phrase in Bcutell practice. used in depo­
tion, importing a collection of facts, with the oon·
sitions of witnesses. elusion of law thereon. Both terms may be used
with propriety in the sarno sentence ; c. 0,. on the
K
CAUSA SINE QUA NON. A necessary trial of the cause, the plaiutiff introduced ctrtain
or inevitable ca use ; a cause without which evidence, and there rested his cuse. IS Conn. 10.
the effect in question could not have hap­ A distinctIon is sometimes taken between

pened. Ucause" and "action. " Burrill observes that a.

cause is not, like an action or suit, said to be COOl­ L
CAUSA TURPIS. A base (i mm oral or menced, nor is an action, like a. cause, said to he
tried. But. if there is any substantial differen<"_e
Ulegal) cause or consideration.
between these terms, it must lie in the fact that
"action " refers more peculial'1y to the legal, pro·
Causa vaga et incerta non est causa
cedw'e of 0. controversYi "cause" to its mer-its or
rationabilis. 5 Cokt" 57. A vague and un­ the state of facts involved, Thus, we canuot say M
(!Artain cau se is not a rensonable ca llS�. "the cctuse sbould have been replevin. " Nor
 CAUSE-BOOKS 182 CAVEAT

would it; be correct to say "the plaintiff pleaded CAUTIO FIDEJUSSORIA_ Security
bis own act'ion. " by means of bonds or pledges entered into by
third pal'ties. Du Cange.
CAUSE-BOOKS. Books l{ept in the cen­
tral omee of the English supreme court. in CAUTIO PIGNORATITIA. Security
which are entered all writs of summons given by plroge, or deposit, as plate, money,
issued in the office. Rules of Court. v 8. or other goods.

CAUSE LIST. In English practlce. A CAUTIO PRO EXPENSIS. Security

printed roll of actions. to be tried in the for costs, charges, or expenses.
order of their entry, with the names of the
CAUTIO USUFRUCTUARIA. Secu­
solicitors for each li tigant. Similar to the
rity, which tenants for life give, to preserve
calendar of causes, or docket. used in Ame.r�
the property rented free from waste and in­
iean courts. jury. Ersk. lnst. 2. 9, 59.
C A U S E OF A C T I O N . Matter for CAUTION. In Scotch law, and in Rd­
which an action may be brought. The mJmlty law. Surety; security; bail; an un­
ground 011 which an action may be slistained. dertaking by way of surety. 6 Mod. 162.
The right to bring a swL. See CAUTIO.
Cause of notion is properly the ground on whiob
an nction can be maintained; as when we say that CAUTION JURATORY. In Scotch
such a person has no cause of action. But the law. Security given by oath. Tbat which
phrase is otten used to sigoify the mlltter ot the a suspender swears is the best he can afford
complnint or claim on which a given action is in
in order to obtain a suspensIon. Ersk. P.ntct.
fact grounded, whether or not legally maintaIn­
able. Mozley & Whitley, 4, 3 , 6.
It sometimes means a person ha.vin� a right of
�tlon. Thus, where a legacy is left to a married
CAUTIONARY. In Scotch la w. An
woman, and she and her husband bring an action instrument in which a person binds himself
to recover it, she is called in the old books the as surety for another.
"meritorious caUse at action. " 1 H. :81. 108.
'\ The term is synonymous with right 01 action, CAUTIONE ADMITTENDA. I n En­
right of recovery. 26 How. Pr, 501. glish ecclesiastical law. A. writ that lies
Cause of action is not synonymous with chose in
against a bishop who holds an excommuni­
notion i the latter inoludes debts, etc., not due, and
cated person in prison for contempt. not­
even stocks. 10 How, Pro 1.
withstnnding be offers sufficient caution or
C A U SE S CE LE BRES. Celebrated secl\I'ity to obey the orders and command­
cases. A work containing reports of the de­ ment of the church for the future. Reg.
cisions of interest and importance in French Orig. 66; Cowell.
COllrts in the seventeenth and eighteenth
CAUTIONER. In Scotch law. A sure­
centnries.
ty: a bondsman. One who binds himself in
Secondarily a single trial or decision is
a bond with the principal for greater securi·
often called a "cause celebre." when it is re­
ty. He is still a cautioner whether the bond
markable o n account of the parties involved,
be to pay a debt, or whether he undertake to
or lhe unus ual, interesting, or sensational
produce Lhe person of the party for whom he
character of the facts.
is bound. Bell.

CAUSIDICUS. In the civil law. A CAUTIONNEMENT. In French law.

pleader; one who argued a cause 01'e tenus. The same as becoming surety in English law.

CAUTIONRY. In Scotch law. Surety­

CAUTELA. Lat. Care ; caution; vig-
ship.
Hance; prevision.
CAVEAT. Lat. Let him beware. A
CAUTIO. In the civil and French law. formal notice or warning given by a party
Security given for the performance of any interested to a court, judge, or ministerial
thing; bail; a boud or undertaking by way officer against the performance of certain acts
of surety. Also the person who becomes a within bis power and jurisdiction. This
surety. process may be used in the proper courts to
In Scotch law. A pledge, bond, or other prevent (temporarily or provisionally) the
security for the performance of an ob1igation, proving of a will or the grant of administra.­
or completion of the satisfnction to be ob­ tion, or to arrest the enrollment or a decree
tained by a judicial procesa. Bell. in chancery when the party intends to take
 CAVEAT 183 CELIBAOY

an appeal. to prevent the grant ot letters mote or miners' courti also officers belong­
patent. etc. It is also used, i n the American ing to the same mines. Wharton.
practice. as a kind at equitable process, to
stay the granting of a patent for lands.
OAYA. In old English law. A qua,..
kay. key, or wharf. Cowell.
In paten t law. A caveat is a formal
written notice gi ven to the officers of the pat� CAYAGIUM. In old English law. Cay·
ent-office, requiring them to refuse letters age or kayagej a toll or duty anciently paid
patent on a pllrticular invention or device to for landing goods at a quay or wharf. Cow­
to ally other person, until the party Oling the ell.
an
caveat (called tbe " CfLVE.'ator " ) shall have
CEAP. A. bargain : anything for sale; a
opportunity to estaLlisb his claim to priority
cbattel ; also cattle. as being the usual medl..
of invention.
um of bader. Sometimes used instead of
OAVEAT AOTOR. Let the doer. or ceargild. (g. "·l
actor, beware.
CEAPGILD. Payment or forfeiture of 0
OAVEAT EMPTOR. Let tbe buyer Lake an animal. An ancient species of forfeit­
care. This maxim stlmmarizes the rule that ure.
the purchaser of an article ill ust exami ne, CEDE. To yield u p ; to assign: to grant.
judge, and test it for himself. being hound Generally used to designate the transfer of
to discover any obvious defects or imperfec­ territol'Y from one government to another. E
tions . Hob. 99; Co. Litt. 102a.
CEDENT. In Scotch law. An assignor.
Caveat emptor, qui ignorare non deb­
One who transfers a chost! in action.
uit quod jus alienum emit. Hob. 99.
Let a purchaser beware, who ought not to CEDO. I grant. The word ordinarily F
be ignorant that he ia purchasing the rights used i n Mexican conveyances to pass title to
of another. lands. 26 Cal. 88. lOS.

OAVEAT VENDITOR. In Roman OEDULA. In old English law. A

law. A maxim, or rule. casting the resPlJn­ schedule. G
siiJility for defects or deficiencies upon the In Spanish law. An act under private
Beller of goods, and expressing the exact op­ Signature, by which a debtor admits the
posite of the common law rule of caveat emp· amount oftha debt, and binds himself to dis­
tor. See 18 Wend. 449.
H
Charge the same on a specified day or on de-
In English and American jurispru­ mand.
dence. Caveat venditor is someti mes used .Also the notice or citation affixed to the
BS expressing. in a rough Wily, the rule door of a fugitive criminal requiring him to
which go\'erns all those cases of sales to appear before the court where the accusation
which caveat e mptor does not apply. is pending.

OAVEAT VIATOR. Let the traveler CEDULE. In French law. The technlo­
beware. This phrase bas been used as a can· al name of an act under private Signature.
cise expres�ion of the duty of a traveler all S La. Ann. 458.
the highway to lise due care to detect and
avoid defects in the way. 10 Exch. 771,
CELATION. In medical jurisprudence. J
Concealment of pregnancy or delivery.
774.
CAVEATOR. One who flies a caveat.
CELDRA. In old English law. a chal·
dron. In old Scotch law, a measure of grain,
Cavendum est a. fragmentis. Beware otherwise called a ilcbalder," See 1 Kames, K
of fragments. Dllc. Aph . 2 6 . Eq. 215.

CAVERE. In the civil and common law. CELEBRATION OF MARRIAGE.

To take carej to exercise caution; to take
care or provide for; to provide by Jaw ; to
provide against; to forbid by law; to give
security ; to give caution or security on ar­
rest.
The formal act by which a man and woman
take each otber for h lIsband and wife, accord .. L
ing to law; the solemnization of a ma rri age.
The term is usually applied to a marriage cer�
emony attended with ecclesiastical functions.

CAVERS. Persons stealing ore from CELIBACY. The condition or tate 01

p. M
mines in Derbyshire, p unislmble in the bergh- life of an unmarried person.
 CELLERA1UUS 184 CENSUS

CELLERARIUS. A buller In 8 monas­ 149. 309; White, New Recop. bk. 2. c. 7. §

tery; sometimes in universities called to man. 4 ; 13 Tex. 055.
ciple" or "'caterer."
CENSO CONSIGNATIVO. I n Spanish
CEMETERY. A place of burial. differ· and Mexican law. A censo (g. D.) is called
ing from a churchyard by ils locality and In­ " collsignativo" when be who receives the
cidents,-by its locality. as it is separate and money assigns for tho payment of the pension
apart from any sacred building used for the (annuity) the estate the f�e i n which he re.
performance of divine service; by its inci­ serves. Civil Code Mex. art. 3207.
dents that, inasill uch as 110 vault or buryjng­
CENSO ENFITEUTICO. In Sp"ni,h
place in an ordinary ell urchyard caD be pur­
nnd Mexi�n law. An emphyteuticannuity.
ch;lsed for a perpet.uity. in a cern"!t,�ry a per­
That specIes of censo (annuity) which exists
manent burial pJ$\ce caD be obtamed. 'V bar­where there is a right to require oC another a
ton. certain canon or pension ann ually, on ac­
Six or more human bodies being buried at count of having transferred to that person
one place constitutes the place a cemetery. forever certai n real estate, but reserving the
Pol. Code Cal. § 3106. fee in the land. The own6r who thus trans­
CENDULlE. Small pieces of wood laid fers the land is called the "censualisto," and
In the form of tiles to cover tbe roof of a the person who pays the annuity is called
house; shingles. Cowell. the "censatario.'J Hall, Mex. Law, § 756.

CENEGILD. In S"xon law. An ex­ CENSUALES. I n old European law.

piatory mulct or tine paid to the relations of A species of oblati or voluntary slaves ot
a mu rdered person by the murderer or his churches or monasteries; those wilo, to pro­
relations. Spelman. cure the protection of the church, bound
themselves to pay an annual tax: or quit-rent
CENELLlE. In old records. Acorns. only of their estates to a cburch or monaa­
tery.
CENNINGA. A notice given by a buyer
to a seller that the things w hich had been CENSUERE. In Roman law. They
sold were claimed by another, in order that have decreed. The term of art, or technical
he might appear and justify the sale. Blounti term for the judgment, resolution, or decree
'Yhishaw. of the senate. Tayl. Civil Law, 566.
CENS. In French Canadian law. An CENSUMETHIDUS, or CENSU-
annual tribute or due r('served to a eeignior MORTHIDUS. A dead rent. like that wbich
or lord, and imposed merely in recognition of is called II mortmain. " Blount; Cowell.
bis superiority. Guyot, lnst. c. 9.
CENSURE. In ecclesiastical law. A
CENSARIA. In 01<1 English law. A spiritual punishment, conSisting in with.
farm, or house and land let at a standing drawing from a baptized person (wbether be­
rent. Cowell. longing to the clergy or the laity) a privilege
CENSARII. In old EngliSh law. Farm­ which the church gives him, or in wholly ex·
ers, or such persons as were liable to pay a pelling him (rom the Christian communion.
census, (tax.) Blount; Cowell. The principal varieties of censures are ad­
monition, degradat.i on. deprivation, eXCOill.
CENSERE. I n the Roman law. To or­ m unication, penance. sequestration. 8uspeu·
dain; to dec!'ee. Dig. 50. 16. Ill. sion. Phillirn. Ecc. Law, 1367.
A custom observed in certain manors in
CENSITAIRE. In Canadian law. .A.
Devon and Cornwall, where all persons
tenant by cem. (g . •• )
above the age of sixteen years are cited to
CENSIVE. In Canadian law. Tenure swear fealLy to the lord, and to pay lId. per
by cens. (q . •• ) poll. and ld. per annum.
CENSO. Spanish and Mexican In w.
In CENSUS. 'fhe official counting or enu­
An annuity. A ground rent. The right meration ot the people of a state or nation,
which a person acquires to receive a certllin with statistics ot wealth, cowmerce, educ,a..
annual penSion, for the delivery which he tion, etc.
makes to another or a determined sum ot In Roma.n law. A. numbering or anrou..
money or of an immovable thing. Civil ment of the people. with . valuation of Ibeil
Code Mex. art. 8206. See Schm. Civil Law, fortunes.
 CENSUS 185 CEPI

In old European law. A tax, or tribute; writ clerk's report, and enrollment offit}es ot
8 toll. Montesq. Esprit des Lois, Uv. 30. c. the chancery division, and a few others.
14. The central olliee is divide(l into the follow-
iug depa.rtments, and the business and staff
In En Iish law.
�
CENSUS REGALIS.
?
of t e office are distri buted accordingl y : (1)

Tbe annual revenue or income of t e crown.
CENT. A coin of the United States, the
1e.1st in value of those now minted. It is. the
one-hund redth part of a dollar. Its weight
II
.
.'''nt, appearance. and Judgment; ( 2 ) sum-
I
mons and order. for the comm on-law divis·
ions only; (3) filing and record, including
the old chancery report office; (4) taxing. for

I
is 72 gr <tno it is com po!ied of copper aud
.• the common-law divisiuos only; (5) enroll­
nickel in the ratio of 88 to 12. ment; (6) judgments, foithe registl'y ofj udg­
m�nts, executions, etc.; (7) bills of sale; (8)
CENTENA. A hundred. A district or
m � ]'ried women's acknowledgments; (9)
division containing originally a h u ndred free­
queen's remembrancer; (10) crown office;
men, established among the Goths, Germans.
and ( 1 1 ) associates. Sweet.
Franks, and Lombards, for military and civil
purpo�es, and answering to the Saxon "hun_
D
C E N T R A L I Z A T I O N. This word
dred. " Spelman; 1 BI. Comm. 115. is used to express the system of government
Also. in old records and pleadings, a hun­ prevailing in a country wllere the managf!­
dred weigLt. ment of local matters is in tLe hands of func-
CENTENARII. Petty ju dges. under­ tionaries appointed by the minis ters of state, E
aheriffs of cotlnties, that had rule of a hun­ paid iJy the state. and in constant communi­
dred. (centena,) and j u dged smalier matters cation and under the constant control and in­
among them. 1 Vent. 211. spiration of the minist ers of state, and where

CENTENI. The principal inhabita·ots of

the funds of the state are largely applied to
local p u rposes. 'Vharton.
F
a cente-na, or district composed of different
villages. originally in number a hun dred, but CENTUMVIRI. In Roman law. The
atterwardB only called by that name. name of an important court conSisting of a

CENTESIMA. In Roman law. The

body of one hu ndred and five judges .
made up by choosing three representatives
It was
G
hundredth part.
from each of the thirty-five Roman tribes.
Ufl-urire centf::simre. Twelve per cent. per
The jUdges sa.t as one body for the trial of
a.nnum ; that is. a hu ndredth part of the prin­
certain important or difficult questions.
CiPill was due each month,-tbe month being
the unit of time from which the Romans
(called, "causa centum'Oirales, ") but ordi� H
narily they were separated into four distinct
reckoned interest. 2 BI. Comm. 462, note.
tribunals.
CENTIME. The name of a denomination
CENTURY. One bundred. A body of
I
of French money. being the oue-hundredtll
one hundred men. Tile Homans were di vided
part of a franc.
into cel1t'u1ies. 88 the English were divided
CENTRAL CRIMINAL COURT. An into h undreds.
English court. baving ju risdiction for the Also a cycle of one h undred years.
trial of crimes and misdemeanors committed
in London and certain ll,dj oining parts of CEORL. In Anglo Saxon law. The free-- J
Kent, Essex, and Sussex, and of such other men were d i vided into two classes,-thanes
criminal cases as may be sent to it out of the and ceoris. The thanes were the proprietors
queen's bench, though arising beyond its of the soil. which was entirely at their dis­

K
proper jurisdiction. It was constituted by posal. The ceOl'ls were m e n personally free.
tbe acts 4 &, 5 Wm. IV. c. 36, and 19 & 20 but possesslDg no landed property. Guizot,
Vict. c. 16. and superseded the "Old Bailey." R.p. Govt.
A tenant at will of free condition, who
CENTRAL OFFICE. Tbe central of­ held land of the thane on condition of paying
fice of the supreme court of judicature i n
England i s the office established in pursuance
rent or services. Cowell.
.A freeman of inferior rank occupied in
l
of the recommendation of the legal depart­ husbandry. Spelman.
ments commission i n order to consolidate the
offices of the masters and associates of the CEPI. Lat. I have taken. This word
com m on-law di visions, the crown offi ce of was of freqnent use in the returns of sheriffs M
the queen's bench division, the record and when they were made in Latin.
 CEPI CORPUS 186 CERTIFICANDO

CEPI CORPUS. I have taken the body. Certa debet esse intentio, et narratio.
The return of a sheriff who has arrested a et certum fundamentum. et ce rta res
person upon a capias. qum deducitur in judicium. The design
and narration ought to be Icertain. and the
CEPI CORPUS ET PARATUM HA­
foundation certain, and the matter certain.
BED. I have taken the body and have it
which is brought into court to be tried. Co,
ready. A return made by the sheriff upon
Lilt. 303a.
an attachment, capias. etc., when he bas the
person against whom the p
rocess was issued
CERTA RES. In old English law. A
certain thing. Flet., Iih. 2, c. 60, §§ 24, 25.
in custod,i.
CERTAIN SERVICES. In feudal and
CEPIT. In civil practice. He took.
old English law. Such services as were
This was the characteristic word employed
stinted (limited or defined) in quantity, and
in ( Latin ) writs of trespass for goods taken.
could not be exceeded on any pretens e; as to
and in declarations in trespass and replevin.
pay a stattd annual rent, or to plo w such a
Repl ev in in the cepit is i\ form of replevin
field for Ihree days. 2 BI. Comm. 6l.
which is bro u ght for carrying away goods
merely. Wells, Repl . § 53. CERTAINTY. In pleading. Distinct­
In oriminal practice. This was a tech­ ness; clearness of statl'ment; particularity.
nical word necessary in an indictment for Such precision and explicitness in the state-­
larceny. The charge must be that the de� meot of alJeged facts that the pleader's aver­
fondant took the thing stolen with a felonious ments and contention may be readily under­

design. Bao. Abr. .. Indictment, II G, 1. stood by the pl€'adel" on the other side. as well
as by the court and jury.
CEPIT ET ABDUXIT. H. took and This word is technically used in pleadIng
led away. The emphatic words in writs in in two different senses, signifying either dis­
trespass or indictments for larceny, where the tinctness, or particularity, as opposed to UD­
thing taken was a livi ng chattel, i. e., an an� due generality.
iroa!. Certainty is said to be of three sorts: (1)

CEPIT ET ASPORTAVIT. He took Oertainty to a common intent is sucll as is

and carried away. Applicable in a d eclar a­ attained by using words in their ordinary

tion in trespass or an in dic tm ent for larceny meaning. but is not excl usive of another

where the defendant has carried away goods meaning which might be made out by argu­

without right_ 4 BJ. Comm. 23l. ment or inference. (2) Certainty to a cer­
tain intent in general is tbat which allows
CEPIT IN ALIO LOCO. In pleading. at no misunderstanding if a fair and reason­
A plea in replevin, by which the defendant able construction is put upon the language
alleges that he took tbe thing replevied in employed without bringing in facts which
another place than that men tioned in tbe dec-­ are pOSSible, but not apparent. (3) Cel'taintll
laration. I Chit. Pl. 490. to a cel'tain intent in particular i s the high­
est degree of technical accuracy and precis­
CEPPAGIUM. In old English law. The
ion. Co. Litt. 303; 2 H. BI. 530; 9 Johns.
stumps or roots of trees which remain in
3 17 .
the ground aHer the trees are feUed. Fleta,
In contracts . The quality ot being spe·
lib. 2, c_ 41, § 24.
cific, accurate, and distinct.
CERA, or CERE. In old E nglish law. A thing is certain when its essence, quality, and
·Wax ; a seal. quantity are described, distinctly Bet forth, etc.
Dig. 12, 1, 6. It is uncertain when the description
CERAGRUM. In old English law_ A is not that of an individual Object, but designate.
payment to provide candles in the church. only the kind. Civil Code La. art. 8522. no. 8i 6
Coke, 121.
Blo unt.
CERTIFICANDO DE R E C O G N I ­
CEREVISIA. In old English law. AI.
TIONE STAPULlE. In English law. A
or beer.
writ commanding t�e mayor of the staple to
CERT MONEY. In old English law. certify to the lord chancellor a statute-staple
Head money or common fine. Money paid. taken before him where the party himself d�
yearly by the residents of several manors to tains it, and refuses to bring in the same.
tbe lords thereof, for the certain keeping of There. is a like writ to certify a statute�me[lo
the leet, (pro certo letrz; ) and sometimes to chant. and in divers other easel. Reg. Orig,
ttie hundred. Blount; 6 Coke. 78. 148, 151, 152.
 CERTIFICATE 187 CERTIORARI

CERTIFICATE. A written assurance. CERTIFICATE, TRIAL BY. Thl, 10

or official representation, that Borne act has
or has not been done. arsome event occllrred,
or some legal formality bE:'en complied with.
a mode of trial now little
in use; it is resort;.
ed to in cases where the fact in idsue lies out
of the cogn iz�lll e of the court, and the judg�
c

Particularly. s ll ch w ritten ass uran ce made or es, in order to determine the question are ,

fssui ng from some court. antI designed as a . obliged to rely upon the solemn averment or
notice of th ings done therein, or a s a warrant information of persons in such a st,ation as
or authority. to some other court judge, or
. affords them the clearest and most compe­
officer. tent know ledge of the truth. Brown.
A. document in use in the Engli sh custom­
CERTIFICATION. In Scotch practice
house. No goods can be expoI'ted by certift­ .

cat!', except foreign goods for m erly i mported,

This is the assurance given to a party of the
on which th e whole or a part of the customs
course to be followed in case he does not ap·
paid on importation is to be drawn back. pear or obey the order of the co urt.
Wharton. CERTIFICATION OF ASSISE. In
CERTIFICATE FOR COSTS. In En· English pr ctice. A writ anCiently granted D
a

g h p a ce certificate or memorandum
l is r cti . A for the re examining or retrial of a matter
-

drawn up and signed by the judge before p ass ed by assise before j ustices now entirely
.

whom a case was tried, setting out certain superseded by the remedy afforded by means
facts the existence of which must be thus of a new trial.
proved before the party is entitled, under the CERTIFICATS DE COUTUME. In
E
sta.tutes, to recover costs. } rench law. Certificates given by a foreign
"'

CERTIFICATE INTO CHANCERY. lawyer, establishing the law of the country

In Engl iS h practice. This is a doc ument to which he belo ngs upon one or more fixed
contailling the opinion of the common·law points. These certificates can be produced F
judges a questi on of la w sub mitted to them before the French courts, and are received as
on

for their decision by the chancery court. evidence in suits upon questions of foreign
law. Arg. Fr. Merc. Law, 548.
CERTIFICATE OF DEPOSIT. In
the practice of banl<ers. This is a w riting CERTIFIED CHECK. In tile practice G
acknowledging that the person named has of bankers. This is a depositor's che<.:k rec­
deposited in the bank a speCified s um of ognized and accepted by the propel' officer of
money, and that the Same is held subject to the bank as a valid appropriation at the
be drawn out on his own check or oruer, or amount specified to the payee named, and as H
that of some other person named in the in­ dra\YIl against funds of such depOSitor h�ld
strument as payee. by the bank. The usual method of certifica­
tion is for the cashier or trUer to write hiB
CERTIFICATE OF HOLDER OF
ATTACHED PROPERTY. A certificate
name across the face of the check.
req ui red by st atu te in some states. to be
, CERTIFIED COPY. A copy of a docu­
givt'n by a third person who is found in pos­ ment. signed and certified as a true copy by
session of property subject to an attachment the officer to whose custody the original is
in the sheriff's hands. setting forth the intrusted.
amount and character of such property and Lat. (To be informed J
the n at u re of the defendant's interest in it. of,CERTIORARI.
to be made certain in regard to.) T he
CodeCivil Proc. N. Y. § 650.
name of a writ issued by a superior court di­
CERTIFICATE OF REGISTRY. In recting an inferior court to send up to the
maritime law. A certificate of the registra­ former some � encl illg proceeding, or all the
\
K
tion of a vessel accordin g to the registry acts, record and proceedings in a cause tefore
for Lhe purpose of givi ng her a naLion al char­ verdict, with its certificate to the correctness
acter. 3 St€"ph. Com m. 274; 3 Kent, Comm. and complt,teness of the record, for review
139-150. ortrial; orit may serve to bring up the record
CERTIFICATE OF STOCK. A cer­
of a case already terminated below, if the in- l
co urt is one not of record, or in cases
tificate of a corporation or joint s tock com­ feriar
-
where the proced ure is not accord ing to the
pany that the person namell is the owner of a course of the common law.
deSignated number of shares of its stock; Originally, and in English practice, cerUorari
gi v e n when the subscription is fully p id and is an original writ, issuing out of the court of
a
a
M
the uscrip-certificate" taken up. chancery or the king's bench, and directed in the
 CE RTIORARI 1�8 CESSER, PROVISO FOR

king'!' name to the judges or Ome8ra of Interior Cessante ratione legis, cessat et ipsa
courts, commaodingthem to certify or to return the
lex. The reason at the law ceasing, the law
records or proceedings in a cause depending before
itself ceases also. Co. Litt. 70b; 2 BI.
t.bem, for the purpose of a judicial review of their
action. J&COb. Comm. 390. 391; Broom, Max. 159.

In Massachusetts it is defined by statute as Cessante statu primitivo, cessat deriv·

a writ issued by the supreme jHdicial court to ativus. When the primiti ve or uriginal Ea·
any inferior tribunal, commanding it to cer� tate determines, the deri vanve estate deter­
tify and return to the supreme judicial court mines also. 8 Coke, 34; Broom, Max. 495.
its records in a pal,ticular case, i n order that
any errors or irregularities which appear in CESSARE. L Lat. To cease, stop, or
lhe proceedings may be corrected. Pub. St. stay.
�jass. 1882, p. 1288.
CESSAVIT PER BIENNIUM. In
CERTIORARI, BILL OF. In English practice. An obsolete writ. which could
chancery practice. An original bill praying formerly have been sued out when the de­
relief. It was flied for the purpose of re­ fendant had for two years ceased or neglect�
moving a suit pundlng i n some inferior court ed to perform such service or to pay such
of equity into the court of chancery, on ac­ rent as be was bound to do by his tenure,
count of some alleged incompetency or in· lind had not upon his lands sufficient gooda
can venience. or chattels to be distraioed. }"itzh. Nat.
Brev. 208. Ita!so lay wherea reUgious house
Certum est quod carta redcli potest. held lunda on condition of performing cer­
That is certain which can be reduced to a tain spirit.ual services which it fuiled to do.
certainty. 3 Rep. CIl. 142. 3 BI. Corum. 232.
Certum est quod certum reddi poteat. CESSE. (I) An assessment or tax; ( 2 ) a
That is certain which can be rendered eer.. tenant of land was said to cesse when he neg·
tain. 9 Coke, 4 7 ; Broom, Max. 623. lected or ceased to perform the services due
CERURA. A mound, fence, or inclos� to the lord. Co. Litt. 373a, 380b.
ure. CESSER. Nt>glect; a ceasing from. or
CERVISARII. In Saxon law. Tenants omission to do, a thing. S Bi. Comm. 232.
who were bound to supply drink for their The determination of an estate. 1 Coke,
lord's table. Cowell. 84; 4 Kent, Corum. 33, 90. lOS, 295.
The "cesser" of a term, annuity, or the
CERVISIA. Ale, or beer. Sometimes like, takes place when it determines or comes
spelled "cere'Oisia. " to an end. The expression is chiefly used
(in England) with reference to long terms ot
CERVISIARIUS. In old records. An
a thousand years or some similar period,
ale-house keeper. A beer or ale brewer.
created by a set.tlement for the purpose ot
BIo nt.
securing the income, portions, etc., given to
CERVUS. Lat,. A stag or deer. the objects of the settlement. 'Vhen the
trusts of a term of this kind are satisfied, it
CESIONARIO. In Spanish law. An
is desirable that the term should be put a n
assignee. White, New Recap. b. 3 , tit. 10.
end to, and with this object it was formerly
c. l, § 3.
usual to provide in the settlement itself that,
CESS, In old English law.
tI. To cease, as soon as the trusts of the term had been
stop, det.ermine, fail. satisfied, it should cease and determine.
This was called a "proviso for ce�ser.n
CESS, n. An assessmen t or tax. In Ire-­ Sweet.
land. it was anciently applied to an exaction
of victuals, at a certain rate, for soldiers in C E S S E R . PROVISO FOR. Where
garrison. terms for years are raised by settlement. it
is usual to introdllce a proviso that they shaH
Cesss. regnare, si non vis j u di care .
cease when the trusts end. This proviso
Cease to reign, it you wish not to adj udicate.
generally expresses three events: (1) The
Hoh. 155.
trusts never arising ; (2) their becoming un·
Cessante causa, cassat effeotus. The necessary or incapable of taking effecti ( 3)
cause ceasing, the effect ceases. Broom, the performance of them. Sugd. Vend.
}bx. 160. (14th Ed.) 621-623.
 CESSET EXECUTIO 189 CESTUI QUE VIE

CESSET EXECUTIO. (Let execution is of two kinds, either voluntary or compal-

st.ay.) In practice. A stay of execution; 80ry, (judiciaire,) corresponding very nea rly
o r an order for such stay; the entry of such to liquhlatio n by arrangemen t and bankrupt­
Btay on record. 2 Tidd, Pc. 1104. cy in E nglish and American law.

C E S S E T PROCESSUS. (Let process CESSION OF GOODS. The su rrender

etay. ) A. stay of proce ed ings entered on the of prop�rty; the reli nquish men t that a debt;..
record. or makes of all his property to his creditors,
when he fi n ds himself unable to pay his
CESSIO. Lat. A cession ; a gi ving up,
debt.. Ci vii Cod e La. art. 2170.
or relinqu ish m en t ; a surrender; an assig n­
ment. CESSIONARY. In Scotch law. An as·
Si gnee. Bell.
CESSIO BONORUM. In Romau law.
Cession of goods . A s u rrender, relinquisb. CESSIONARY BANKRUPT. One who
ment, or assignment of all his prop erty and gives up his estate to be divided among his 0
effects made by an insolvent debtor for t11e creditors.
benetit of his credito rs. 'fhe effect of this vol­
CESSMENT. An assess ment, or tax.
u ntary action on the debtor's part was to se­
cure him agai nst imprisonment or any bodily CESSOR. One who ce ases or n eglects so
long to perform a duty that he tlu::l'eby in cu rs
punishment, and from infamy. and to cancel
bis debts to the extent of the property ceded . the daoger of the law. O. N. B. 136. E
It much resembled our voluntary bankru pt cy
CESSURE. L. Fr. A receiver; a bailiff.
or assign m ent for creditors. The term is
Kelham.
commonly employed in modern continenlal
jurispr ud ence to de signate a ba n l\rupt's as­ C'EST ASCAVOIR. L F r. Thatl. to F
aignmentof property Lo be distributed among say, or to-wit. Generally w ri tt en as one

his creditors, and is used in the same sense word, cestasca'Voir, cestascavoire.
by some Eng lish and American writers, but
C'est Ie crime qui fait 10. honte, et non
here rather as a convenient lhan as a strictly pas l'echafaud. It i s the offense which
tech nical term. See 2 RI. Comm. 473; 1 causes the ehame. and not tho SCltffold.
G
Kent, Camln. 247, 422; Ersk. Inst. 4, 3, 26.
CESTUI, CESTUY. He. Used fre­
CESSIO IN JURE. In Roman law. A qnently in composition in law Fr en ch
fictitio us suit, in which the person who WIiS phrases .
to acquire tbe thing claimed (vindicabat) the H
thing as his own, �he pel'30n. who was to CESTUI QUE TRUST. He who has a
transfer it acknowledged the j ust i ce of the right to a beneficial interest in and out of an
clai m. and the magistrate p ronou nced i t to estatl� tbp. le gal title to w hich is ve�ted in an­
be the property (atldicebat) of the claimant. other. 2 \Vashb. Real Prop. 163.
Sandars' Just. lnst. (5th E d . ) 89, 122. The person who possesses the equitable I
right to property and receives the ren ts , is­
CESSION. The act of ced ing ; a yield­ sues, and profits thereof, the legal estate of
ing or giving up; surrender; relinqUishment which is vested in a trustee.
of prop erty or rights.
In the civ il law. An assignment. The
It bas been proposed to substitute for this un-
couth term the English word "beneficiary," and
J
the latter, though �tUl far trom universally adopt-
'lct Ly whicll a party transfers propfllty to
ed, has come to be quite frequently U!led. It is
another. The surren der or :-tssig n men t of
equal in precision to the antiquated and unwieldy
p roperty tor the benefit of one's crrditors. Norman phrase. and far better adapted to tbe gen-
In ecclesiastical law . A giv i ng u p or ius of our language.
K
vacating a lwneOce, by accepting another
CESTUI QUE USE. He tor whose use
without a proper dispen sation. 1 Bl. Comm,
and ben�fit lands or tenements are beld by
392; Latch. 234. ano ther . The cestui que use bas the righ t to
In public law. TIle assig n me nt . tram�­ receive the prO fits and ben�tlts of the e state.
ter, or yielding up of territory by Olle state but tile legal title aOlI posseSSion (ad well as
l
or gove rn m ent to an other. the duty of defending the same) reside i n the
oU ler.
CESSION DES BIENS. In French
Jaw. The surrendt'r which a debtor makes CESTUI QUE VIE. He whose life 1s
of all his goods to his creditors , when he the measure of the duration of" an estate.
M
linds himself in insolvent circumstances. It 1 IV.shb. H'·al Prop. 88.
 CESTUI QUE VlE 190 CHALLENGE PEREMPTORY

The person for whose life any lands, ten&­
men tSr or hereditaments are beld.
Ce stuy que doit inheriter al p�re doit
inheriter al fils. He who would haye been
heir to the fatuer of the deceased shall also
be heir of the son. Fitzh. Abr. "Descent,"
2; 2 Bl. Comm. 239. 250.
OF. An abbreviated form of the Latin
word conferre. meaning "compare. " Directs
the reader's attention to another part of the
WOI'k, to another vollln�e. case, etc., where
contrasted. analogous, or explanatory views
or statements may be found.
CR. This abbreviation most commonly
stands for "chapter, or " chancellor," but it
"
may also mean. "chancery," or U chief."
CHACE. L. Fr . .A chase or hunting
ground.
CHACEA. In old English law. A sta­ tion, or the e xisten ce of a right olaimed, or
tion of game, more extended than a pa l'l{ and the slllTIciency or validity of an instrument.
,
house on the assembling of every new parlia.­
ment. When the house is in committee
on bills introduced by the government, or in
committee of ways and means, or supply, or
In cOUlwiltee tu consider preliminary resolu­
tions, it is his duty to preside.
CHALDRON, CHALDERN, or CHAL­
DER. T wel \'e sacks of coals, each holding
three bushels, weighing about a ton and a
h alf . In Wales they reckon 12 barrels or
pitchers a ton or chaldrun, and 29 cwt. of 120
Ibs. to the ton. Wharton.
CHALKING, or CAULKING. Th.
process or method of stopping the seams in 8
abip or a vesseJ.
CHALLEN GE. 1. To object or except
to; to prefer objections to a person, right, or
instrnment; to formally call into question the
capability of a person for a particnlar func­

less than a forest; also Lhe liberty of chasing 2. As a nou n, the word signifies the objec­
or hunting within a certain di:;trict; also the tion or exception so advanced.
way through which cattle are driven to past­ 3. An exception taken against lega l docu­
ure, otherwi se called a " drove-way." Blount. ments, as a declaration, count, or writ. But

Chacea est ad communem legem. A this use of the word is now obsolescent.
chase is by common law. Reg. Brev. 806. 4. An exception or object ion preferred
against a person who presents himself at the
CHACEABLE. 1. Fr. That may b. polls as a vuter. i n order that his right to cast
chased or hU!lteJ. a ballot may be inquired i nto.
CHACER. To drive. compel, or oblige; 5. An objection or exception to tbe per-
also to chase or bu nt. 80nal quali fication of a judge or magistrate
about to preside at the trial of a cause; ason
CHACURUS. A horse for the cbase, or accou nt of personal interest, his ha vin g been
a bound, dog, or courser.
of counsel, bias, etc.
CHAFEWAX. An officer in the En­ 6. An exception or objection taken to the
glish chancery whose duty was to fit the wax jUl'ors summoned a nd returned for tbe trial
to L1ml the writs, commissions, and other in­ of a cause, either individually, (to the polls ) .

struments tbence issuing. '£he office was or collectively, (to the array . )
abolished by St. 15 & 16 Vict. c. 87, § 23. AT COMMON LAW. The oauses tor principal aha!·
lenge!! fall under tour beads: (1) Propter honortB
CHAFFERS. An ancient term for goods, respectum. On account. ot respect. tor t.he party's
wares, and merchandise. Bocial rank. (2) Propter d.ejectum. On account;
of some legal disqualification, suoh as infancy or
CHAFFERY. Traffic ; tbe practice of aUenage. (3) Propter affectum. On account of
buyin g Bnd selli ng. partiality ; tha.t. is, either expressed or implied biaa
or prejudice. (4) Propter del£Ctum. O n account;
CHAIN. A measure used by engineers of crime; that is, disqualifica.tion arising from the
and surveyors. b ei ng twenty-two yards in conviction of au infamous crime.

length.
CHAIRMAN. A name given to lhe pre­
Siding officer of an a8semb[), . pu blic meetin g.
convention, deliborative or legislative body,
board of directors, committee, etc.
CHAIRMAN OF COMMITTEES OF
THE WHOLE HOUSE. In English pa....
liamentary practice. In the commons, this
officer, always a member, is elected by the
CHALLENGE FOR CAUSE. A cbal­
lenge to a juror for which some cause or rea­
son is alleged. Tel'mes de la Ley; 4 BI. Camm.
353. Tbus distinguished from a peremptory
challenge .
CHALLENGE PEREMPTORY. A
privilege allowed to a prisoner in criminal
cases, of challenging peremptorily a certain
number of jurors, without assigning an,
 CHALLENGE, PRINCIPAL 191 CHAMP DE MARS

cause. Termes de la Ley; 4 BI. Camm. 353; CHAMBER, WIDOW'S. A portion ot

Co. Lltt. 156b. the effects of a deceased person, reservpd for
the use of his w id o w , and consisting of her
CHALLENGE, PRINCIPAL. Such as
apparel. and the furniture of ber bed�chamber,
is made for a cause which when substanUated
is called in London the " widow's chamber."
is of itself su t11 cient evidence of bias in fa var
2 BI. Comm. 518.
of or against the party challenging. Co. Litt.
156b. S.e S Bl. Comm. 363; 4 Bl. Comm. CHAMBERDEKINS, or CHAMBER
353. DEACONS. In old English law. Certain
poor Irish scholars, cloUled i n mean habit,
CHALLENGE T O FIGHT. A BUm­
and living under no rule; also beggars ban­
mons or invitation, given by one person to
ished from England. (1 Hen. V. cc. 7, 8.)
another, to engage i n a personal comuati a
Wh(J,rton.
requeat to fight a duel. A criminal otfense.
s•• Steph . Crim. Dig. 40; S East-, 581; 6 CHAMBERLAIN. Keeper of the cbam­
Blackf. 20. bel'. Originally Lhe chamberlain was the 0
keeper of the treasure chamber (camera) of
CHALLENGE TO THE ARRAY. An Lhe prince or state; otherwise called " treas­
exception to the whQle panel in which the uter." Cowell.
jury are arrayed, or set in order by the sher­ The name of several high officers of state
iff in his ruturn, upon account of partiality, In England, as tile lord great chamberlain at
or some default i n the sheriff, coroner, or Englund. lord chamberlain of the housebold, E
other officer who arrayed the panel or made chamberlain of the eXChequer. Cowell;
the return. 3 HI. Comm. 359; Co. Litt. 155b. Blount.
The word is also used in some American
CHALLENGE TO THE FAVOR. Is
where the party has no principal challenge,
cities as the title of an officer corresponding F
to " treasurer. "
but objects only some probable circumstances
of suspidon. as acquaintance. and the like, CHAMBERLARIA. Chamberlainshlp;
the validity of which m llst be left to the de­ the otlice of a chamberlai n. Cowell.
termination of trial's. whose office it is to de..
ciele whether the juror be favorable or un­
CHAMBERS. In practice. The prt... G
vate room or office of a jUdge; any place in
favorable. 3 HI. Comm. 363; 4 BI. Comm.
which a judge hears motions, sigcfI papers.
353.
or does other business pertaining to his office,
CHALLENGE TO THE POLL. A when he is not holding a session of court.
challenge made separately to an individual Business so transacted i s said to be done uin
H
juror; as distinguished Crom a challenge to chambers." The term is also applied, in
the array. England, to lhe private on1{;e of a barrister.
In international law. Portions of the
I
CHAMBER. A room or apartm ent i n a
sea cut off by lines drawn from one promon·
ho use . A private repository of money; a
tory to another, or included within l i n es ex...
treasury. !:;ometimes used to designate a
tend ing from the point of one cape to the
court, a commission, or an association of
next, situate on the sea-coast of the same na­
person� habitually mC'eting together in an
tion, and which are claimed by that nntion as
apartment. e. g., the "star chamber. " " cham­
ber of deputies," "chamber of commerce."
asylums for merchant vessels, and exemp1; J
from the operations of belligerents.
C H A M B E R OF A C C OUNTS. In CHAMBIUM. In old English law.
French law. A �overeign court, of great an­ Change, or exchange. Bract. fols. 117, 118.
tiquity. in France. whicli took cognizance of
CHAMBRE DEPEINTE. A name an­
K
Rod registered the accounts of the king's rev­
�nue; nearly the same Sf) the E nglish court of ciently given to St. Ell ward's chamber, called
exchequer. Ene. Brit. the " Painted Chamber," destroyed by fire
with the houses of parliament.

(Lat. Oampus Maii.) L

CHAMBER OF COMMERCE. An
CHAMP DE MAL
association (which may or may not be incar...
The field or assembly of May. The nalional
poratea) comprising the principal merchants,
assembly of the Franks, herd in the month ot
manufacturers, and traders of a city, designed
May.
for convenience in buying, selling, and ex­
t!hanging goods, and to foster tlie commercial CHAMP DE MARS, (Lat, Oampus M
aud industrial interests of the place. MarUi.) The field or asseilluiy of MarcIL
 CIIAMPART 192 CHANCELLOR

The national ass embly of theF r�mks, held in tel, fought either tor the tenant or demand ·
the month of March, in the open air. ant. 3 1lI. Comm. 339.

CHAMPION OF THE KING OR

CHAMPART. In French law. The
QUEEN. An a ncient officer, whose duty
grant of a piece of land by the owner to an­
other, on condition th<lt the latter would de­ it was to ride annen cap-ivpie, into West­
minster lIall at the coron ation, while the
Ih"er to him a portion of the c.rops. 18 Toul­
lier, n . 182. king w as at dinner, and, by t he proclama­
tion
of a herald, make a challenge " that, if
CHAMPERT. any man shall deny the king'g title to the
In old English law. A
sh are or division of land ; champerty. crown, he is there ready to deftmd it in sin­
In old Scotch law. A. gift or bribe, gle cooo \:lat, " The king drank to him, and
taken by any great man or judgt! from any sent him a gilt cup covered. full of wine,
person, for delay of just actions, or further­ which the cha m pio n drank, retaining the
ing of w rongo us actions. whether it be lands cup for his fee. This ceremony, long dis­
or any goods movable. Skene. c ont i n ued , was revived at the coronati on ot
George IV., but Dot after wards. Wharton.
CHAMPERTOR. In c rim inal law . One
who makes pleas or suits, or ca lls es them to CHANCE. In criminal Jaw. An acci­
be moved, either di rect.ly or indirectly. and den t: an u nexpected , unforeseen, or unin­
sues t.hem at his proper costs. upon condition tended consequence of an act.; a fortui tous
of baving a part of the gain. One guilty of event. Tbe opposite of intention, deSign, or
Champerty. St. 33 Edw. I. c. 2. contrivance.
There is a wide difi'erence between chanc�
CHAMPERTOUS. Of the nature of and accident. The one is the i nter venti o n
champerLYi afI'cct ed with ch amperty. of some unlooked-for circumstance to pr�
vent an expected result; tbe other is the un­
CHAMPERTY. A bargain made by a
calculated effect of mere luck. The shot dis­
stranger with one of the parties to a s uit, by charged at random stril{cs iUs Object by cha nce ;
w h i ch such third person undertall.es to carry
thaL which is turned aside from its weU·di­
on t he li tigntiop at h is own cost and risk, in rected aim by some unforeseen circulDstance
consideraLion of rece ivi ng, if he wins the misses ItS mark by accident. Pure chaliCe
s u it, a part of the land or other subject
consists in t he entire absence of all the m ea ns
s ough t to be l'ecoverpd by the action. of cal cul ati ng results; accident, in the un­
'1'he pu rch ase of an interest in a thing i n
usual prevention of an eITect naturally ra-.
dispute, with the object of maintai ning and
s ulLing from the means employed. Morris.
taking part in the litigation. 7 B ing. 378. (Iowa.) 173.
The act of aSSisting the pluintift' or defendant i n
a legal proceeding i n which the person giving the CRANCE-MEDLEY. In criminal law.
assistance bas DO valuable interest, on an agree­ A sudden affray. This word is sometimes
Dlont that, if the proceeding is successful, the pro­
applied to any kind of homicide by roisad ..
ceeds sball be divided between tho plainW! or de·
fendan t, as the case may be, and tbe assistLng per­
venture, but in strictness it is appli cable to
son. Sweet. such killing only as happens in defending
Cbamperty is the carrying on a suit in the name one's self. 4 Bl. Comm . 184.
of another, but at one's own expense, with the
view of receiving as compensation a certain share CHANCEL. In ecclesiastical la w. The
of t.he avails of the suit. 4 Duer, 275- of a c u c communion
part h r h in which the
The distinction bet ween champerty and table stan ds i it belongs to the rector or the
maintenance lies in the interest which the in­ impr opriator. 2 Broom & H. Corum. -120.
terfering party is to bave in the issue of the
CHANCELLOR. In American law.
suit. In the former case, he is to receive a
this is the
name gi ven i n some states to the
share or portion of what may be recovered;
in Lhe lat.ter case, he is in no way bencfital j udge (or the preSidin g judge) of • court ot
chancery. In E ngland, besides being the
by the success of the party aided, but Simply
intermeddles offi ciously. Th us every cham­
designation of the chief judge of the court
perty includes maintenance, but not 6 \'e ry
of chancery. the term 18 used as t he title ot
maintenance is cbamper1.y. See 2 Inst. 208. several judicial officers attached to bishop9
or other high dignitaries and to the u niver­
CHAMPION. A person who fights a sities. (See the fol lo w i ng tit l es.) In Scotch
combat i n his o w n cause, or in p l ace of an­ practice, it denote.'I the foreman of an assise
other. The person who, in the trial by bat- or jury_
 CHANCELLOB 193 CHANTER

CHANCELLOR OF A CATHEDRAL. and vacates his office with the ministry by

In English ecclesias ti c.."11 law. One of the which he was appointed. To him belongs
quatuor persona:. or foul' chief dignitaries of the appointment ot all justices ot the peace
�he cathedrals or the old founda.tion. The throughout the kingdom. Being, i n the ear·
duties assigned to the otJice by the statutes lier periods of English history, usually an ec­
of the different chapters vary, but they are clesiastic, (tor none else were then eapuule of
chiefly of an educational character. with u' an office so conversant i n writings , ) and pre­
special reference to the cultivation of theol­ Siding over the royal chapel, he became keeper
ogy. of the sovereign'S conscience, visitor, in right
of the crown, ot the bospitals and colleges of
CHANCELLOR OF A DIOCESE. In
royal foundation, and patron of al1 the crown
ecclesiastical Jaw. Is the officer appointed
livings under the value of twenty marks per
to assist a bishop in matters of la.w, and to
anu'ltm i n the king's books. He is the gen.
hold his consistory courts for him. 1 BI.
eral guardian of all infants, idiots, and luna­
Comm . 382; 2 Sleph. Comm. 672.
tics, and has the general snperintendenceof all D
CHANCELLOR OF A UNIVERSI­ charitable uses, and all this, over anci above
TY. In English Jaw. The official head of a the vast and extensive jurisd�ction wbich he
university. Ilis principal prerogative is to exercises in his judicial capacity in t.he su·
hold a court with j urisdiction over the mem­ preme court of j udicature, of whicb be is the
bers of tile univerSity, in which court tbe head. Wharton. E
vice-chancellor presides. The office is for the
CHANCELLOR'S COURTS IN THE
most part honorary.
TWO UNIVERSITIES. In English law.
CHANCELLOR OF THE DUCHY Courts of local j ul'isdiction in aud for the two
OF LANCASTER. In English lalV. An universities of Oxford aDd Cambridge In F
officer before whom. or his deputy. the court England.
of the duchy chamber of Lancaster is held.
CHANCERY. Equity; equitable juris­
This is a special jurisdiction concerning all
a court of equity; the system
diction; of ju­
manner of equity relating to lands holden of
risprudence admi nistered in courts of equity.
the king i n right of the duchy of Lancaster.
See COURT OF CllANOERY.
G
Hob. 7 7 ; S Dr. Comm. 78.
CHANGE. 1. An alteration; substitu­
CHANCELLOR OF THE EXCHEQ­ tion of one thing for another. This word does
UER. In English law. A high officer of not connote either improvement or deteriora-
the crown, who formerly sat in the eXChequer
tiOD as a result. In this respect it differs H
court, and. togelbel" with the- regular judges
from amendment, whicb, in law, always im­
of lhe court, saw that things were conducted
ports a change for the better.
to the king's uenefit. In modern times, bow­
.

2. Exchange of mouey against money of a

ever, his duties are not of a judicial clJar­
different denomination. Also small coin. I
aeter, but such as pert ain to a minister of
Also an abbreviation of e::r,change.
state charged with the management of the
national revenue and expenditure. CHANGER. An officer formerly belong­
ing to the king'e mi nt, in England, whose
CHANCELLOR OF THE ORDER busi ness was chiefly to exchange coin for bull·
OF THE GARTER, and other military ion brought iu by mereha.nta and otbers. J
orders, in Englund, is an officer who senls
the commissions and the mandates of the CHANNEL. This term refers rather to
chapter and assembly of tbe knights. keeps the bed in which the main stream of a river
the register of their proceedings, and delivers flows than to the deep water of the stL'eam aa
their acts under the seal of their order. followed in navi gation. 55 Iowa, 558, 8 N. K
W. Rep. 443.
CHANCELLOR, THE LORD HIGH.
The " main channel" of a river is that bed of the
In England. this is the highest judicial func­
river over which the principal volume of water
tionary in the kingdom. a n d snperior, in point flows. Many great rivers discharge themselves
of precedency, to every temporal lord. He into the sea through more than one channeL They L
i a appointed by the delivery of the queen's all, however, have a main channel, through whioh
the principal volume of water passeL 81 Fed.
great seal into his cusLody. He may not be
Rep. 757.
a Roman Catholic. He is a cabinet minister,
a privy counsellor, and prolocuLor of the CHANTER. The chier singer III tbe
house ot lords by prescription, (bllt not nec­ choir of a catheLlral. MentioDl:'d in IS Eliz. M
essarily, though usually, a peer of the l'e�llw,) c. 10.
A1I.DlOl'.LAw-IS
 CIIA�THY 194 CHARGE

CHANTRY. A chu rch or chapel en� stituted not only to assist the bIshop in m(lll�
dowed with lands fol' the maintenance of ner aforesaid, but also anciently to rule and
priests to say mass daily for the souls of the govern the diocese in the time of vacation.
donol's. Tel'mes de Is LeYi Cowell. Durn, Diet.

CHAPEL. A place of worship ; a lesser CHARACTER. The aggregate of the

or inferior church, sometimef a part of or moral q u alities which belong to and distin­
Bubordinate to another church. Webster. guish all individual person ; the general re­
sult of Lhe one's distinguishing attributes.
CHAPEL OF EASE. I n EngliSh eccle­
That moral predIsposition or ha.bit, or 3g­
si astical law. A chapel founded in general
gregate of ethical ql1alities, which is believed
at some period later than the parochial
to attach to a person, on the strength of the
ch u rch itsl'lf. and designed for the accommo­
common opinion and report concerning him.
dation of slIch of the parishioners as, in
The opinion generallyen lerlaim:d ofa per­
course of time. had begun to fix: their resi­
son derived from the common report of the
dence at some distance from its site; and so
people who are acquai nted with him. 3 Sergo
termed because built in aid of the original
& H. 336; 3 Mass. 192.
church. 3 Staph. Carom. 151.
Ohar«ctcr and rcputaUon are not synonymous
CHAPELRY. The preCinct and limits terms. Cbaracter is what a man or woman is mor­
of a chapel . The same thing to a cbapeJ as ally, while reputation is what he or sho is reputed
to be. Yet reputation is the estimate wbicb the
a parish is to a church. Cowell; Blount.
community has of a person's character; and it. is

CHAPERON. A houd or bon net nn� the belief that moral character is wanting in an
individual that rendcl'S him unworthy of bclief ;
ciently worn by the Knights of the Garter, as
that is to say, tbat reputation is evidence of char­
part of the habit of that order; also a liLtle acter, and if the reputation is bad for truth, or rep­
escutcheon fixed in the forehead of horses utation is bad in other respects affecting the moral
drawing a hearse at a. funeral. Wharton. character, then the jury may infer that the char­
ncter is had and the witness not reliable. General
CHAPITRE. A sum mary of matters to character has always been proved by proviug gen­

be inqu ired of o r presentf:'d before j ustices i n eral reputation. 6 Or. 218.

The word "character" no doubt has an objective
eyre, j llstices of asSise. o r or the peace, i n
and subjective import, which are quite distioct.
thei r sessions. Also a.rticles deli vered by As to tbe object, character is its quality. As to
the j ustice i n his charge to the in quest. man, it is the quality of his mind, and his affec­
tions, his capacity and temperament. But as a
Brit. c. iii.
subjective tel'm, certainly in t.be minds of others.
CHAPLAIN. An ecclesiastic who per­ one's character is the aggregate, or the abstract,
of other men's opinions of one. And in this sense,
fo:ms d i v i n e service in a chapel ; but it more
when a witness speaks of tbe character of another
commonly means one who attends upon 8
witness for truth, be draws not upon bis memory
king, prince, or other person of qu ality, for alone, hut his judgment also. It is the conclusion
the performance of cleric::l duties in a pri­ of the mind of tbe witness, in summing up tbe

vate chapel. 4 Coke, 90. amount of all the reports he has heard of the man,
and declaring his character for tl'uth, as held in
A clergyman officially attached to a ship of
the minds ofbis neighbors aod acquaintances, and
war, to an army, (or regiment,) or to some in this sense character, general cb!U"a(Jter, and
public institution, for the lJurpose of per­ geoeraI l'eport or reputation are the su.me, as held
forming divine service. Webster. in the books. 26 Vt. 278.

CHAPMAN. An itinerant vendor at CHARGE, tI. To i mpose a burden, ob­

small w(\res. A trader who trades (rom ligation, or lien; to create a claim against
place to place. Say. 191. 192. property; to claim. to demand; to accuse; to
instruct a jury un matters of law.
CHAPTER. In ecclesiastical law. .A
congregation of ecclesiastical persons i n a CHARGE, n. In general. An incum·
cathedral church, consistillg of canons, or brancc, lien, 01' burden ; an ouligation or duty;
prelJendaries, whereof Lbo dean is the head, a liability; an accusation.

all subordinate to the bishop, to whom they In contracts. An obligation, bindlDg

act as assistants in matters relati ng to the upon h i m who flnters into it. which may be
church, for the better ordering and disposing removed or taken away by a diSCharge.
the things thel'eof, and Lbe confi rmation Tennes de Ia Ley.
of such leases of the temporalty and offices An undertaking to keep tile cllstody of an­
reJating to the bishopric, as the lJishop shall other person's goods.
m<lke from time to time. And they are An obligi\tion entered into by the owner of
termed " cupilu,l'l11t," us a kind of head, in� nn estatt', which binds the estate (or its pel'-
 CHAUGE 195 CHARITY

forlllancc. Corn. Dig. " Rent. " c. 6 ; 2 Ball Wllich his government does not accredit a
&, H. �"3. minisLer.
In the law of wills. A responsibility or
CHARGE-SHEET. A paper kept at a
liabi lity imposed by the testator upon a dev­
police-station to receive eacb night the names
isee personally, or upon the land devised.
of the persons brought and gi ven into custody,
In equity pleading. An n.llegation in the nature of the accusation, and the name
the bill of matters which disprove or avoid a of the accuser in each case. It is under Lhe
defense whic..'h it is alleged the defendant is care of Lhe inspector all duty. Wharton.
8upposetl to pretend or intend to set up.
Star)" Eq. Pi. � 3l. CHARGE TO ENTER HEIR. In
In equity practice. A paper presented Scotch law.
A writ commanding a person
to a master in chancery by a party to a CRllse, to enter heir to his predecessor within forty
being a written statement of lhe items with days, uthel'wise an action to be raised against
which the opposite party should be debited or him as if he had enterell.
ShOllld account. for. or of the claim of the par­ D
CHARGEABLE. This word. in its or·
ty making it. H is more com preh(:'llsi ve than
dinary acceptation. as applicable to the im­
a claim, which implies only the amount due
position of a duty or burden. signi fies capable
to t.he person producing it, while a charge
of being cilal'gell, subject to be charged. liable
may emllrace the whole liabilities of the ac­
counting p:ll'ly. Hoff. Mast. 36.
to be charged, or proper to be Charged. 46 E
Vt. 625 ; 107 .Mas.. 419.
In common-law practice. TlJefinalad ­
dress made by a judge to the jury trying a case, CHARGEANT. Weighty; heavy ; penal;
before they make up tlwir verdict, in which he expensive. Kelham.
sums up the case, and instructs the jury as to
CHARGES. Tbe expenses which have F
the rules of law which apply to its various
been incurred, or disbursements madE', in
issnes, and which they must observe, in de­
connection with a contract, suit. or business
ciding upon their verdict, when they shall
transaction. SlJoken of an action, it is said
G
have determined the controvertetl matters of
that Lhe term includes more than wb�t falls
fact. The term also applies to the address of
unLier the technical description of "costs . "
the court to a grand j ury, in which the latter
l r8 instrllcted as to their duties.
; CHARGING ORDER. The name be·
In Scotch law. The command of the stowed. in English practice. upon an ordel' al�
king's letters to perform some act; as a lowed by St. 1 & 2 Viet. c. llO, § 14, ond 3 & 4 H
chm'ge to enter heir. Also a messenger's ex­ Vict. c. 82. to be granted to a jUdgment cred­
ecution, requiring a person to olley the order itor. that the property of a judgment debtor in
of the king's letters j as a /}wTge on letters of government stock. or in the stock of any
horning. or a cha1'gB against a superior. public company in England. corporate or oLh­
Bell. erwise. shall (whether standing in his own
namfj or in the name of any person in trust
CHARGE AND DISCHARGE. Under
for hilU) stand charged with the payment 01
Lhe former system of equity practice, this
the amount for which juugment shall have
phrase was used to characterize the usual
ml:: tbotl of taking all account before a master.
been recovered . with interest. S Steph. J
Comm. 587, 588.
After the plaintiff had presented his
"charge," a written slatement of the items CHARITABLE USES, CHARITIES.
or account for which he Bsket! credit, tile de­ Gifts to gen�ral public uses, which may ex­
fendant filed a counter-statement. called a tend to the rich, as well as the poor. Amb.
"discharge," exhi biting any claims or de­ 651; 2 Sneed, 305.
K
mands be held against the plaintiff. These Gifts to such purposes as are enumerated
served to define the field of in ypstigation. and in the act 43 Eliz. c. 4. or which, by an'llogy.
constituted the basis of the report. are deemell within its spirit or intendment.

CHARGE DES AFFAIRES, or

Boyle, Chat". 17. L
CHARGE D'AFFAIRES. The Utle of CHARITY. Subjectively. the sentiment
a diplomatic representative of inferior rank. or motive of benevolence and philanthropy;
TIe has not the title or dignity of a minister, the di sposition to relieve the distressed. Ob­
though bemay be cimrgl::u with the functions jectively. alms-giving; acts of benevolence: M
and otlices of the latter, either as a temporary reJief. assistance. or services accorded to the
Bl!uStitut", fOT Ii minister or at a court to needy without return. Also gifts for tli�
 CJ1AIUTY 196 CHARTER

promotion of philanthropic and humanitarian CHARTA DE FORESTA. A eoIloetion

p urposes. of the laws of the forest. made in the 9th lien..

Tho moaning of the word " charity, .. in Its legal IlL. and said to have been originally a pH.rt
sonsa, is different from the signification which it of Magna Charla.
ordinarily bears. In its legal sense, it includes Dot
only gifts for the benefit of tbe poor, but endow­ Charta de non ente non val et . Co.
ments for the advancement of learning, or institu­ Litt. 36. A charter concerning a thing n(.lt
tions for the encouragement of science and art, in existence avails not.
and, it is said, for any otber useful and public pur­
pose. 25 Ohio St. 243. CHAltTA DE UNA PARTE. A deed·
Charity, in its widest sense, denotes aU the good
poll.
affections men ought to bear towards eacb otherj
in a restrlotedand commOD sanse, relief of thopoor. Charta. non est njsi vestimentum do­
9 Vas. 899.
Charity. as used in the Massachusetts Sunday
nationis. A deed is nothing else than the
law, includes whatever proceeds from a sensa of vestment of a gift. Co. Litt. 36.
moral duty or a feeling of kindness and humanity,
and Is intended wholly for the purpose of the relief C H A R T A PARTITA. (Literally, a
or comfort of another, and not for one's own ben&­ deed divided.) A charter-party. 3 Kent.
fit or pleasure. 118 Mass. 195, 197. Comm. 20l.

CHARRE OF LEAD. A quantity con· CHARTlE LIBERTATUM. These .r.

sisting of 36 pigs of lead, each pig weighing Magna Charla and Charta de Foresta.
about 70 pounds.
Chartarum super fidem, mortuis tes­
CHART. "rhe word ('chart, " as used in
tibus, ad patriam de neoessitudine re­
the copyright law, does 'not inclUlle sheets of
cUl'rendum est. Co. Litt. 86. The wit..
nesses being dead. the truth of charters must
paper exhibiting tabulated or methodically
of necessity be referred to the country, i. 6.,
arranged information. 24 Fed. Rep. 632.
R jury.

CHARTA. In old En gli sh law. A CHARTE. A chart, or plan. which mar­

charter or deed; an instrument written and iners use at sea.
sealed ; the formal evidence of conveyances
aud contracts. Also any signal or token by CHARTE-PARTIE. Fr. In French

which an estate was helel. The term came

A charter-party.
marine law.

t() be applied, by way of eminence, to sucp CHARTEL. A ehal lenge to a oingle

documents as proc8t'ded from the sovereign, combati also an instrument or writing be­
granting liberties or privileges, and either tween two states for settling the exchange of
whel'e the reCipient of the grant was the prisoners of war.
whole nation, as i n the case of Magna Charta,
or a public body, or private individual, in CHARTER, tI. In mercantile law. To

which C<lse it corresponded to the modern hire or lease a vessel for 8 voyage. A "chaI'­

word " charter." tered" is distinguished from a "seekingOl

In the civil law. Paper, suitable for the
Inscription of documents or bouks ;
any instrument or writing. See
6 ; Nov. 44, 2.
CHARTA COMMUNIS. In old English
law. A common or mutual charter or deed;
one containing mutual covenants, or involv­
ing mutuality of obligation ; one to which
both parties might have occasion to refer. to
establish their respective rights.
33b, 34.
CHARTA CYROGRAPHATA.
A cbirograpbed charter; R char­
English law.
tel' executed in two parts, and. cut through
the middle, (scindituT per medium,) where
the word Ucyrographum. " or "chi1'Og1'Uph­
um," was written in large letters..
34: Fleta, lib. 3, c, 14, § S.
Ship. 7 East, 24-
bence. CHARTER, n. An instrument emanating
Dig . 32. 52, from the sovereign power, in the nature of a
grant, either to the who)e nation, or to a
class or portion of the people, or to a colony
or dependency. and assuring to them certain
rights, liberties, or powers. Such was the
" Great Charter" or "Mag1'l.a Charta, " and
sllch also were the charters granted to certain
of the English colonies in America. See
Bract. fols. Story, Const. � 161-
An act of the legislative department of
govern ment, creating a corporation. is called
In old
the " charter" of the corporation .
In old En gli sh la\V. The term denoted
a deed or other written inst.rument under
seal ; & conveyance. covenant, or contract.
Bract. fol. In old Scotch law. A disposition made
by a superior to his vassal, for something to
 CHARTER-HOUSE 197 CHATTEL

be perform ed or paid by him. 1 Forb. Inst. I CHARTER ROLLS. Anei ent Englisb
pt. 2, b. 2, c. 1, tit. 1. wr iti ng which records of royal charters,
A granted between
contains the grant or transmission of the the years 1199 and 1516.
feudal right to the vassal. Ersk. Inst. 2, 3,
B.
CHARTERED SHIP. A ship hired or
freighted; a shi p which 18 the s ubject-matter
CHARTER-HOUSE. Formerly a COD- of a charter-party.
vent of Carthusian monks in London ; now
CHARTERER. In m ercantile law. One
a college founded and endowed by Thomas
SuLton The governors of the charter-house
who ch arters (i. e., hires or eng a ges ) a ves­
are a corporation aggrog ate without a head,
sel for a.voyage; a freigh ter. 2 Steph. Comm.
. 184; 3 Kent, Comm. 137.
preSident, or superior, all the ruemucrs being
of equai authority. 3 Steph . Comm. (7th CHARTIS REDDENDIS. (For ret nrn-
Ed.) 14, 97. i u g the coarters.) An ancient writ which
lay against one who had charters of fe off ment 0
CHARTER-LAND. O therwis e called
i nt ru sted to his keeping and refused to de­
"book-land: " is property held by deed under liver them. Reg. Urig. 159.
certain rents and free ser vices . It, in f:'lfect,
difIers nothing from the fre8 socage lands, CHARTOPHYLAX. In old European
and bence have arisen most of the freehold law. A keeper of record s or publ ic iustru-
tenailts, who hold of particular manors. and m ents ; a chartulary; a registrar. Spelman. E
owe suit and service to the same. 2 TIL
CHARUE. In old E ngl i sh law. A
Colll m. 90.
plo w. Beates des cha1"Ues,. beasts of the
CHARTER OF PARDON. In E nglish plow .
law. An ins t rument under the gre at seal. CHASE. The liberty or f ran chise of F
by which a pardon is g ranted to a man for a h unti ng. one's self, and keepi ng protected
felony or otber offense. against all other persons, ueasts of the chuse
within a specilied district, with o ut reg ard to
CHARTER OF THE FOREST. See
the o wn ers h ip of the land. 2 HI. Comm. G
CUAU'fA DE FORESTA.
414-416.
A pri vileged place for th e preservation of
CHARTER- PARTY. A contract by
deer and beasts of t h e forest, of a middle
which an entire sh:p, or some principal par t
nature bet ween a forest amI a pal-k . It is
thereof, is let to a merchant for the convey­ com monly less than a forest, and not endowed H
ance of goods on a determined voyage to one with so many liberties, as officers, laws,
or more piaces. Abb. Shi p p. (241,) 315. A
courts; and yet it is of larger compass than
contract of affre ig ht m en t in w rit ing, by which a park, having more officers and game than
the owner of a ship lets the wholf3 or a part a park. Every forest is a chase, but every
of her to a mer cha nt , for the con veyance o'r cbase is not a forest. It ji.ij:ers from a park
goods all a particular voyage, in considera­ in that it is n ot in close J , y et it must have
tion of the paymen t of freigiJt. 3 Ken t,
certain metes and bounds, but it may be in
Com Ill . 201.
o the r men's grou nds , as well as in one's own.
J
A writtciD agreem�nt . not usually under
Manwood, 49.
seal , by which a Ship-owner lets an entire
ship, or a part of it, to a merchant for the CHASTITY. Purity ; continence. That
conveyance of goods, binding himself to virtue which pre vent s the unlawful inter­
transport them to a partiCUlar place for a s u m course of the sexes. Also the state of p urity
of money whicb the merchant undertakes to or abstinence from -unlawful sexual connec- K
pay as freight for their carriage. Maude & tion.
r. Mer. Shipp. 227. CHATTEL. An article of personal prop­
The contract by which a ship is let is
erty i any speci es of property not amoun ting
termed a ucllal'ter-party . " By i t the owner to a freehold or fee in land.
may ei t her let the capacity or burden of the The name given to things which in la,v are
L
shi p, contin u ing the employment of the own­ deemed personal 'Property_ Cha.ttels are divided
er's master, crew, and equipments, or may into chattels real and chattels personalj ohattelB
surrender the entire s hip to the charterer. real being interests in land which devolve after
who then provid es them hi mself. The master the manner of personal estate, as leaseholds. As
opposed to freeholds, they are regarded as person-
or part owuer may ue a charterer. Ui vii al estate. But, as being interests in real estate,
M
Code Cal. § 1959; Ci vi! Code Dak. § 1127. they Ilre oalled " chattels real, " to distinguish them
 CHATTEL 198 CHECK

from movables, which are called ·chattell per­ tbe debtor to redeem, n1ter reasonable notice toO
�ttlJal. " Mozley & Whitley. do so. 5 Blackt. 820. See, also, 3 Blackf. 809.
Chattels personal are movo.bles only ; chattels In a conditiomtl s(tle the purchaser bas merely
real are such as savor only of the realty. 19 8 right to r�i-- !.l rcbase. nnd no debt or obligation
Johns. 73. exists on the part of the venrlol' ; tbl.adlstinguisboa
'.the term " chattels " Is a. more comprehensive such a saJe fl'om a. mortgage. 40 MIs&. 41}2; .(
(JOB than " goods, .. as it includes animate as well as Da.ly. 77.
lnanimate property. Z Chit. Bl. Comm. 3S3, note.
In a devise, however, they s(Jem to be of the same CHAUD-MEDLEY. A hom icide com­
import. Shep. Touch. 447; 2 }I�onbL Eq. 835. mitted in the heat of an affray and while un·
der the iol:luence of passio n ; it is thus dis·
CHATTEL INTEREST. An Interest tin g uished from chance-medley, which is the
in corporeal hereditaments less Lllan a free­ killing of a man i n a casual affray in selt­
hold. 2 Ken t, Comm. 342. defense. 4 Bl. ComID. 184. See 1 Huss.
Crimes, 660.
CHATTEL MORTGAGE. An instru­
CHAUMPERT. A kind of tenure ruen­
ment of sale of personalty con veyi n g t.he tion ed in a p atent of 35 Edw. IIL Cowell;
title of the pr operty to the mortgagetl wi th Bl o u nt .
terms of defeasan ce ; and, if the terms of re­
demp ti o n are not complied with, th en , at CHAUNTRY RENTS. Money paid to

common law, the title becomes absolute in the crown by tile servants or purchasers
the ulOrtgagee. of chauntry-Iands. See CHANTIty.
A transfer of personal property as secu d t.y CHEAT. SWIndling; defra11 ding . «De­
for a debt or olJligaLion in such form that. ceitful practices in defra udi n g or endeavoring
upon failure of the morlgagor to comply with to defraud another of his known ri ght, hy
the te rms of the contract. the ti tl e to the som e Willful device, con trary to the plain
pro perty will ue in tile mor Lgagee. Thomas, rules of common honesty." Hawk. P. C. U.
�Iortg . 427. 2, c. 23, § 1. " T h e fraudulent obtaining th e
An absolule pl edge, to become an absolute property of another by any deceitful and ille­
interest if not redeemed at a fixed Lim e. 2 gal prac t ice or token (sbort of felony) wllich
Ca in es Cas. 200, per Kent, ell. affeds or may affect tb e pub lic. " Steph .
A condi tional sale of a chattel as security Crim. Law, 93.
for the p aym en t of a debt or the performance Cheats. punishable at common la.w, are such
of some other obligation. Jones, Ch at . cheats (oat amounti n g to felony ) as are ef­
Mortg. § 1. fected by d eceitf ul or illegal symbols or tokens
A chattel mortgage i8 a conditional transfer or which may affect the public at large . a nd
com'eyance of the property itself. The chief dis­ agai nst which common prud ence could not
tinctions between it and a. pledge are thnt in the
have g uarded . 2 Whart. Crim . Law, § 1116;
latter the title, e....en after condition broken, does
Dot pass to the pledgee, who has only 0. lien on tho 2 East. P. C. 818_
property, but remains in the pledgeor, who has the
CHEATERS, or ESCHEATORS, were
right to redeem the property at any time before its
sale. Besides, the possession of thopropel'ty mllst, officers appointed to look after tu e ki n g's es­
in all cases, accompany the pledge, and, at a sale cbeat s, a duty which gave tbem great oppor­
thereof by the pledgee to satisfy his demand, he tunilies of fraud and oppression, and in con­
cannot become the purchaser; while by a chattel sequence ma ny compl ain ts were made of thei r
mortgage the title of the mortgagee becomes abo
misconduct. Hence it seem s that a cheater
!Solute at 10.\"\', on the default of the mortgllgor,
and it. is not essential to the validity of the instru· c am e to signi fy a fraudulent person. and
ment that possession of tbe property should be thence the verb to cheat was deriv ed.
delivered, and, on the foreclosure of the mort­ Wharton.
gage, the mo..tgagee is at· liberty to become the
purchaser. 86 Cal. 414, 428, 441. CHECK, '0. To control or restrain; to
The material distinction between a pledge and a hold within bounds. To verify or audit.
mortgage of chattels is that a mortgage is a con­
ParLicularly used with reference to the con·
veyauce of the legal title upon conditi on, and It
be comes absolute in law if not redeemed by a trol or supervision of one department, bu­
givQU time j a pledge is a deposit of goods, redeem· reau, or office over another.
able on certain terms, either with or without a
ftxcd period. for redemption. In pledge, the -'{en­ CHECK, n. A draft or oroer upon &
IIH'1I.1 property does not pass, as in the case of mort­ bank or banking-bollse, p urporting to be
gage, and the pawnee has only a. sp ecial properly drawn upon a deposit of funds, for the pay­
ill. the thing deposited. The pawnee must choose
me n t at all events of a certain sum of money
between two remedies,-a bill in chancery for a
Judi(lial sale under a decree of f01'oclosure, or a to 8 cert<1i n person therein named, or to him
sall) '\vithout judicial proceSI, on the refusal of or his order. or to bearer, and payable in.
 ClIECK
stanlly on demalld. 2 Daniel. Neg. Inst.
§ 1566.
A check is a bill of exchange drawn upon
a bank or banker, or a pers!')n described as
slIch upon the face thereof, and payable on
demand. without interest. Civil Code Cal.
§ 3254; Civil Code Dak. § 1933.
A check differs from an ordinary bill or ex­
change 10 the following particulars : (1) It is
drllwn on a baok or bankers, and is payable imme­
diately on present.ment, without any days of grace.
(2) It is payable immediately on presentment, and
no accepto.nce as distinct from paymellt is re­
quil·cd. (8) By it s terms it is supposed to be drawn
upon a previous deposit of funds, and is an abso­
luto appropriation of so much money in the hands
of the bankers to the bolder of the cbeck, to re­
main there until called for, &nd canuot after no­
tice be withdrawn by the drawer. 2 Story, 502; 8
Bush, 357.
C H E C K - B O O K. A book containing
blank checks on a particular bank or banker,
with an inner margin. called a Ustub, II on
which to note the number of each check, its
amount and date, and tbe payee's name, and
a memorandum of the balance in bank.
CHECK·ROLL. In English law. A list
.or book, containing the names of such as are
attendants on. or in the pay of. the queen or
other gl'eat personages, as their household
servants.
CHECKER. The old Scotch form of ex­
chequer.
CREFE. In Anglo.Normnn law. Were
or weregild; the price of the head or person,
(r:apitls p1'eli'um.)
CHEMERAGE. In old French law. The
privilege or perogative of the eldest. A CHIEF JUSTICE. The presiding. eld­
provincial term derived from chemieJ'. (g. c.)
Guyot, Inst.
CHEMIER. In old French law. The eld­
est born. A term used i n Poi tau and other
place.. Guyot. Inst.
CHEMIN. The road wherein every mao
goes i the king's highway.
CHEMIS. In old Scotch law. A chief
dwelling or mansion house.
CHEVAGE. A sum of money paid by
villeins to their lords in aCknow ledgment of
their bondage.
O/tevage seems also to bave ueen used for
a sum of money yearly given to a man of
power for his countenance and protection 8S
a cbief odeader. Termes dela Ley; Cowell.
CHEV ANTIA. In old rrcords. A loan
(lr advance of mouey upon credit. Cowell.
199 CHIEF JUSTICIAR
CHEVISANCE. An agreement or com·
pOSition; an end or order set dOWIl between
a creditor or debtor; an indirect gain in point
of usury. etc.; also an unlawful bargain or
contract. ·Wharton.
CHEVITllE. In old records. Pieces of
ground. or heads at the end ot plowed
lands. Cowell.
C H E Z E . A homestead or homesfall
which is accessory to a house.
CHICANE, Swindling: shrewd cunning.
The use of tricks and artifice.
CHIEF. Principal; leading; head; emi- 0
nenL i n power or impOltance; the most im­
portan t or valuable of several.
Declaration in chief is a declara.tion for
the principal canse of action. 1 Tl'idd, Pro
419. E
Examination in chief is the drst exam­
ination of a witness by the party who pro­
duces him. 1 Green!. Ev. § 445.
CHIEF BARON. Tbe presiding judge F
of the English court of exchequer; answer-
ing to the chief justice of other courts. 8
Bl. Comm. 44; 3 �teph. ComlD. 401.
CHIEF CLERK. The principal clerical G
office I' of a bUreau or depl:utment, who is gen­
erally charged, subject to the direction of his
superior oUicer, with the superint.endence ot
the administration of the business of the of·
fice. H
CHIEF JUDGE. The judge of the Lon­
don bankruptcy court is su called.
est. or principal judge of a court of jusLice.
C H. I E F JUSTICE OF ENGLAND.
The p,'esiding judge in the queen's bench
J
division of t.he high court of justice, and. i n
the absence of the lord chancellor, president
of the high court, and also an ex officio
jmlge of the court of appeals. The full title
is II Lord Chief Justice of England."
CHIEF JUSTICE OF THE COM­
M.ON PLEAS. In England. The preSid-
ing j udge in the court of common pleas, and
afLt!rwards i n the common pleas division at
the high court of justice, and one of Lhe eaI
officio judges of the high court of appeal.
l
C H I E F JU STICIAR. In old English
law. A high judicial officer and special mag·
istrate. who presided over the aula ?'egi$ of the M
Norman kings, and who was illso the princi-
pal lIlinister of state, the second man in the
 ClllEF LORD 200 CHIMIN

kiI:gdom, and . by virtue of his offine, guard­ In wills, wbere greater latitude of constructIOD
Is allowed, in order to effect the obvious intentioa
ian of th e realm in the king's absenc e. 8
of the testator, the meaning of the word bas som�
BI. Cornm. 88.
times been extended, so as to include grandchil.­
dren, and it bas been beld to be synonymous with.
CHIEF LORD. The i m m ediate lord ot
�88UC. LewiS, Pel'p. 195, 196; 2 Crabb, Real Prop.
the fee. to wbom the tenants were d irec tly pp. 38, 89, §§ 988, 989; 4, Kent, Comm. 845, 346, note.
;lnd personally responsible. The word "heirs, n in its naturni sigoifica.tion, is
a word of limitation; and it is presumed to be
CHIEF PLEDGE. The lJo rsholder. or used in that sense, unless a contrary intention ap­
cllie[ of the borough. Spelman. peal's. But the term "cbildl'en, " in its na.tural
sense, is a word ot purchase, and is to be tnken to
CHIEF RENTS. In E n gli s � law. Were have boen used ilS such, unless there are other ex·
pressions in the will showing that the testator in·
the annual payments of freeholders of man­
tended to use it as 8 word of limit.ation only. 40
OI'S; ann were also called " q U it-rent!; , " be� Paige, 293; 8 ·Wend. 503.
CHuse by paying them t he tenant was freed In the natural and primary sense of the word
from all aLlIer rents or services. 2 B1. "ch ildren, " it implies immedia.te offspring, and,
in its legal accept.ation, is not a word of limitation,
Corum. 42.
unless it is absolutely necessary so to construe it

CHIEF. TENANT IN. In English in order to give effect to the testator's intention.
89 Ala. 24.
feudal law. All the land in the k.ing�
"Children" is ordinarily a word of description.
dom was supposed to be holden medi­ limited to persons standing in the same relation,
ately o r i mmediately of the king, who was and has the same efl'ect as it all the names were
styled the "Lord Paramount, " or " Lord given; but heirs, in the absence of controllillg or
explanatory words, includes more remote descend·
Above Al l ; " and those that held immediate­
ants, and is to be applied per sHl'pea. 14 Allen.
ly under him, in right of h is crown and dig­ 2<».
nity, we re called h is tenants " i n capite" or
Hin chief, " which was t.he most honorable CHILDWIT. In Saxon law. The right
spedes of te n ure, but at the same time sub­ which a lo rd had of taking a fine of his bond�
jected the tenant to greater and more b u rden­ woman gotten with child without his li­
some services than inferior tenure� did. cense. Termes de la Ley ; Cowell.
Brown.
CHILTERN HUNDREDS. In English
CHIEFRIE. In reudal law. A small
la w. The stewardship of the Chitterll Hun­
rent paid to the lord paramount. dreds is a nominal office in the gi ft of the
CHILD. This word has two m eani ngs i n crown, usually accepted by members of the
law: (1) In the law of the domestic rela­ house of commons desirous of vacating their
tions, and as to descent and distribution, it seats. By la \V a member unce duly elected to
is used strictly as the correlative of II pare nt , .. pa rliament is compel led to dia charge tbeduties
and means a son or dau ghter considered as of the trust conferred upon him, and is not
in I'elation with the father or m other . ( 2) enabled at will to resig n it. But by statute,
In the law of negligen�e, and ill laws for the if any member accepts <lny ottice of profit frO ID
prote ction of children, etc., it is used uS tIle the crown, ( except officers in the army or
opposite of U adult," and means the young of navy accepti n g a new commission.) his seat
the human speCies, (gem'rally 11 nder the age
is vacated. If, therefore. any mem uer wishes

ot puberty,) without any rt>f�rence to parent-­

to retire from tile representation of lile county
Hge and without disti nc ti o n of sex:. or borough by which he was sent to par l in­
ment, be applies to the lords of the treasury
CHILDREN. Offspring; progeny_ T
...e­ for the ste wa rdsh ip of one of the Chiltern
gitimate offspring; children born in wedlock. Hundreds, which iJaving received, and theH�
7 Ves. 45a ; 5 Scott. N. R. 990. by accomplished h is purpose, he agai n re�
The general rule is that "chUdren, " In a bequest signs the office. Brown.
or devise. means legitimate children. Under a de­
vise or bequest to children, as a class, nat.ural chil­ CHIlIHN. In old E nglish law. A road.
dren are not included, unless the Ulstator's inten­
way, highway. It is either the queen's high�
,
tion to include them is mani fest either by express
way (chiminus regina) or a pri vate way.
designat.ion or necessary implication.14 N. J. Eq.
1159 ; 2 Paige, 1l- The fi rst is that over which tho subj ec ts
In deeds, the word "children" signifies the im­ of the realm, and all others under the pro­
mediate descendants u! a person, in the ordinary tect.ion o( the crown, have free lilnrty to
sense ot the word, as contradistinguished tro m
pass, tho ugh the property In the Boil itself
tssue; unless there be some accompanying ex·
word is used in an.
pressions, evidenciug that the bt::long to s ome private individual ; tbe last
enla.rged sense. Lewis, Perp. 196.. is that in wbicll one person or more have lib-
 CHIMlNAGE 201 CHOREPISCOPUS

erty to pass over the land of another, by pre­ a person's own hand. An obligation which
scription or charter. Wbarton. a person wrote or Sll hscribed with his ow n
hand; an acknowledgment of debt, as of
CHIMINAGE. A toll for passing on B
money received, with a promise to repay.
way through a forest; called in the civi l law
A n Avidence or voucher of debt; a security
"pedagium." Cowell.
tor debt. Dig. 26, 7. 07, pro
CHIMINUS. Tho way by w hich the king A right of action for debt.
and all his subjucts and all under his protee­
Chirographum apud debitorem re..
tion h8\'6 a right to pass, though the property
pertum prresumitur Bolutum. An evi·
of the soil of each side where the way l1etb
dence of debt found in the debtor's posses·
may belonr; to a private man. Co well .
sion is presumed to be paid. Halk. Max. 20;
CHIMNEY MONEY, or HEARTH Bell, Diet.
MONEY. A tax upon chimlleys or heartbs j Chirographum Don extaDs presumitur
In ancient tax: or duty upon houses in Eng­ solutum. An evidence ot dt'ut not existing 0
land, DOW repe.ded. is presumed to have been discharged. Tray.

CHIPPINGAVEL. In old English law. Lat. Max. 78.

A tax upon trade ; a toll i mposed upon traffic, CHIRURGEON. The ancient denom­
Vf upon goods brought to a p18ce to be sold.

CHIRGEMOT, CHIRCHGEMOT. In
Saxon Jaw. An ecclesiastical assembly or
court. Spel man. .A. synod or meeting in a
church or vestry. 4 lost. 321.
CHIROGRAPH. In old English law.
A deed or indenture; also the last part at a
fine at laud.
An instrument of gift or conveyance at­
tested by the subscri pti on and crosses of the
witnesses. which was in Saxon times called
··chi1·ographum." and which. being some­
wbat changed i n form and manner by the
E
ination of a surgeon.
CHIVALRY. In feudal law. Knight.
service. Te n ure in chivalry was the same
as ten ure by knight�service. 2 TIl. Comm.
til, 62.
CHIVALRY, COURT OF. In English
F
Jaw. The name at a court anCiently he ld as
a court of honor merely, before the earl-mar­
shal. and as a criminal court before Lhe lord
high constable, jointly with the earl-marshal. G
It had j urisdict,ion as to contracts and other
matters touching deeds of arm s or war,as well
as pleas of life or member. It also corrected

Normans. was by them styled "charta."
Anciently when they made a chirograph or
deed which required a counterpart. as w e call
it, they engrossed it twice upon one piece of
parchment co ntrar iwise. le�ving a space be­
tween, in which thoy wrote in capilal lettel·R
the word U Chirograph . " and then cut the
parchme n t in two th rou gh the middle of the
word, giving a part to each party. Cowell.
In Scotch law. A written voucher for a
debt. Bell.
In civil and ca.non la.w. An instrument
written out and subscribed by the hand of
the party who made it, whether the king or
a private person. Cowell.
CHIROGRAPHA. In Roman law. Writ­
ings emanating from a single party, the
debtor.
H
encroachments in matters of coat-armor,
precedency. and other distinctions of fami­
lies. It is now grown entirely out of use,
on account of the feebleness of its jurisdic­
tiou and want of power to enforce its judg­
ments. as it could neither fine nor imprison,
not bei ng a court of record . 3 Bl. Comm. 68;
I
4 Broom. &; H. Corom. 360, note.
CHOP· CHURCH. A word mentioned
J
in 9 He n . VI. c. 65, by the sellse of which it
was in those days a It in d of trade. anlI by the
j uuges declared to be lawful. But Brooke.
in his abridgment. says it was only permissi·
ble by law. [t was, without doubt, a nick­
name given to those who used to change K
benefices, as to "chop and change" is a
common expression. Jacob.
CHOPS. Tbe mouth of a harhor. Pub.

L
St. Mass. 1882, p. 1288.
CHIROGRAPHER OF FINES. In
English law. The title of the officer of the CHORAL. I n ancient times a person ade
common pleas who engrossed fines in that mitted to sit and worShip in the choir; a
court so as to be acknowledged into a per. chorister.
petual record. Cowell.
CHOREPISCOPUS. In old European M
CHIROGRAPHUM. In Roman law. A law. A rural bishop, or hishop's vicar.
handwriting; that which was written with Spe lm an ; CowelL
 CHOSE 202 CHURCH

CHOSE. A thin g ; an ar ti cle of property. CROUT. In Hindu Jaw. A fourt h. a

A chose i !l a t.!haLtel personal, (W illiams, fo urth part of the s u m in litigaUon. The

Pel's. Prop. 4,) and is either in possession or II Mahratta chout" is a fou rth of the lev­
In action. annes exacted as tribute by the Malll'attas.

CHOSJi! IN ACTION. A rig ht to D er­ CHREMATISTICS. The scien ce of

sonal thitl .gs of which the owner has llot the
poss ess i oll , but m erely a righ t of action for
their po:ssession. 2 Bi. Comm. 389, 397; 1
Chit . Pro 99.
A X'ight to receive or recover a debt, de·
ma nd, or damages on a cause of action
co'ntractu, or for a tort cunnected with con�
tract, but which cannot be made a vailabl e
without reco u rse to an action.
Personalty to which the owner bas a righ t
of possession i n future, or a right of imme�
diate possession, \\,l'Ongflllly wi thheld , is
wealth.
CHRENECRUDA. Under the Salic law.
TlJis was a cere mony performed by a pe rson
who was too poor to pay his debt or fine,
wht:reby he applied to a rich relative to pay
ex
it for him. It consisted (after certain pre·
liminaries) in throwin g green herbs upon
the party, the effect of which was to bind
him to pay the whole demand.
CHRISTIAN. Perta ining to Jesus Christ
or the religion founded by h i m ; pro fess in g

termed by the law a " chose in aclion . "
Code Ga. 1882. § 2239.
Chose in action is u. phrase which Is sometimes
usod to signify a right or bringing an action, and,
at others, the thing itself which forms the subject­
matter of that right, or with regard to which that
right is exercised i but it more properly includes
the idea both of the thing itself and of the right
of nction as annexed to it. Thus, when it is said
that a debt ia a chos6 in actioo, the phrase con­
voys the idea, not only of the thing itself, i. e.,
tho debt, but also of the right of action or of re­
covery possessed by the person to whom the debt
is due. When it is said that a chose in action can·
not be assigned, it means that a thing to whioh a
right of actIon is annexed cannot be transferred to
&nother, together with such right. Brown.
A chose i n action is any right to damages.
whether aris ing fr om t he comm i�si on of a
tort. the omission of a d u ty. or tlJe breach ot
8 con tract. 4 Ala. 350; 8 Po rt . 36.
CHOSE IN POSSESSION. A thi ng in
possession, as di stinguished from a thing in
action. See GHOSE IN ACTION. Taxes and
customs. if paill, are a chose in possession ;
if unpaid, a chose i n action. 2 BI. Comm.
408.
CHOSE LOCAL. A local thing ; 8 thing
annexed to a place , as a mill. Kitchin, fol.
lSi Cowell; Blount.
CHOSE TRANSITORY. A thing wh ich
is movable, and may be taken a way or car�
ri ed. from place to place. Cowell; Blount.
CHOSEN FREEHOLDERS. Under
the m uni cipal o rgan ization of the state of
Ne w Jersey, each county has a board of
omcers, called by this name, com posed of
representatives frolD the cities a nd town­
shi ps within its limits, and charged with
administering the revenues of the cou nty .
They correspond to th e "COllllty cOlll missiou­
ers" or " s liper v i$Vl'S It ID other states.
Christianity. The adjective is also used ill
senses mOl'e remotefrom its or igi n al meaning.
Thus a lIcourt Christian " is an ecclesiastical
cou rt ; a "Christian name" is that conferred
upon a person at baptism into the Christian
church. .As a noun. it Signifies one w ho ac­
cepts and professes to li ve by the doct ri nes
and principles of the Christian religion .
CHRISTIAN NAME. The baptismal
name distinct from the surname. It has
been said from the bench that a Christian
name may consist of a single letter. Wbar�
ton.
CHRISTIANITATIS CURIA. The
court Christian. An eccleSiastical court. as
opposed to a ei viI or lay tribunal. Cowell.
CHRISTIANITY. The religio n found
ed and established by Jesus Ch rist.
Ch ristianity ha.s been j udicially declared
to be a part of th e common law:
CHRISTMAS-DAY. A festi val of th e
Christian church, obser ved on the 25th uf
December, in memory of the birth of Je,ns
Christ.
CHRYSOLOGY. That branch of the
s ci ence of political economy which relat.es
to the productiun of wealth .
CHURCH. In its most general seDse,
the religious SOCiety fo un d ed and establ ished
by Jesus Christ, to receive, preserve, and
propagate his doctrines and o rdinances.
A body or co mm uni ty of Ch rist ians, onit­
ed under o n e form or government by Llle
p rofession of the same faith. and the obsel'V�
an ee of the sume ritual and ceremonies.
Tbe term may denote either a society of
persons who, profess ing Christianity, hold
certain doctrjn�s or observances \Vh ieh di ITer·
ent:iate t.he m from other like groups, and
 CHUUCH 203 ClllCAR

t:Vho lise d common disciplinr, or the build­ times p u rchased an exemption forthemselvel
ing in which such persons habitually as­ and their tenants.
.semble for publ ic worship.
CHURCH WARDENS. A species 01
The body of communicants gathered into church
ecclesiastical officers who are mtrusted with
�rder. nocol"ding to 6Rtablillhed usage in R.ny town,
'larish, preCinct, or religions ,ociety, established the care and guardianship of the church lwllu­
according to law, and actuully eonnccted and asso­ ingand property. These. with the rector and
ciated therewit.h for religions purposes, for the vestry, represent the parish in its corporate
time being, is to be regarded as the church of such
capacity.
society, as to all quesLioDs of property depending
upon t.hat relation. 10 Pick. 193. See, also, 8 Me. CHURCHESSET. In old English law. A
$-17.
certaio portion or measure of w h eat. 3n·
A congregational church is a voluntary associa.­
cielltly paid totbe church on St. .Martin' s day:
tion of Christians united for discipline and wor·
ship, connected with, and forming Il part of, somo a nd which. accord ing to Fleta, was paid as
religious society, baving a legal existence. S Me. well ill the time of the Britons as of the
Jl.ls. English. Fleta, lih. I, c. 47, § 28.
In English ecclesiastical law. An institu­
CHURCHYARD. Seo C"MEl'ERY.
D
tion ostablished by t11e law of the la nd in
reference to religion. 3 Stapb. Comm. 54. CHURL. In Saxon law. A freeman ot
The word "church" is said to mean, i n inferior rank. chiefly employed in husbandry.
'Strictness, not tho maLerial fabric, hut the 1 Reeve, Eng. Law, 5. A. tenant at will of
-cure of souls and the right of tithes. 1 Mod. free condition, who held land from a thane, E
201. on cond i ti on of rents and serv ices. Cowel l .
See CEOUL.
CHURCH BUILDING ACTS. Stat­
utes passed in England in and since the year CI. Fr. So; here. Ci Dietu vous eyde, so
1818, with the object of extending the ac­ help you God. 01 devant, heretofore. Ci. F
commorlatiol1 afforded by the national ch urch , bien, as well.
tlO as to make it more commensurate with CIBARIA. Lat. In tbe civil law. Food;
the wants of the peopl�. 3 Stepb. Comm. victuals. Dig. 34, 1.
152-164.
CINQUE PORTS. Five (now Beven) G
CHURCH DISCIPLINE ACT. The ports or havens on the Bouth ·east coast of
l!Itatutu 3 & 4 Vict. c. 86. containing regula­ �ngland, to\vards France. formerly esteemed
tions for trying clerks in holy oruers charged the most important in the kingdom. They
with offenses against ecciesiasLical law, and are Dover, Sandwich, Romney, Hastings, and
H
·for enforcing sentences pronou nced in such TIythe, to which 'Vi lleh e !sea and Rye have
c,'lses. Phillim. Ecc. Law. 1314. ueeu since added. They bad similar fmnchises,
i n some respects, with the counties palatine,
CHURCH OF ENGLAND. The Church and particularly an excl usive j u risdiction,
of Engl an d is a distinct branch of Christ's ( before the mayor and jumts. corresponding I
-church, and is also an institution of the to aklenuen. of the ports.) in which lheking's
-stute, (see Lhe first clause of j1.[agna Charta,) ordinary writ did not run. 8 BI. Comlll. 79.
of which the sovereign is the supreme head The 18 &; 19 Viet. c. 48. (amended by 20 &
by act of parliament. (26 IIen. VIlI. c. I.) 21 Vict. c. I . ) abolishes all jurisdiction ililU
�JUt in what sense is not agl'ecll. T h e sov­ authority of the lord warden of the Cinque
J
ereign must be a member of the church, and PI.Jrts and constable of Dover Castle , in o r i.
every subject i s in theory a member. Whar­ relation to the adrui nisLration of justice in
ton. actions, suits, or other civil proceedings at
CHURCH RATE. In English law. A Jaw or i n eqUity. K
8um assessed for the repair of parochial CIPPI. An old English law term for the
�hurches by the representatives of the pa­ stocks, an instrument in which the wrists or
rishioners in vestry assembled. ankles of petty offenders were confined.

CHURCH REEVE. A. church warden; CIRCADA. A. tribute anCiently paid to l

all overseer ot a church. Now obsolete. the bishop or archbishop for visiting churches.
Cowell. D u l!-'resue.

CHURCH-SCOT. In old English law. CIRCAR. In Hindu law. Head of .t-

'Customary obli gati ons paid to the parish fairs; the state or government; a grand di­ M
.1>riest ; from wllich duties Lhe religious sOllle· vi si on of a province; a headman. A name
 CIRCUIT
used by 'E u ropeans in B engal to denote the
Ilindu writer and accountant employed by
themsel ves, or in the p ubl ic offices. Whar­
ton.
CIRCUIT. A division ot the country,
appointed for a pa rt,ieulnr j udge to visit for
tile tria l of causes or for the administration
of justice. Bo u vier .
Circuits, as the tel'm is used in Engl and.
may be otherwise deti Iled to be the pe1iodical
progresses of theJudflcS of the superior COUl'ts
of common law. t hrough the several counties
of England and 'Vales, for the purpose of ad­
ministeri ng civil and criminal justice.
CIRCUIT COURTS. The name of a abroad.
8ystem of courts of the United States. i n vest­
ed with genera l or i gi nal j uri sd icti o n of such
matters and causes as are of Federal cogni­
zance. except the matters specially delegated
to the districL courts.
The United States circuit courts are beld by one
ot the justices ot the supreme court appoiuted lor
the circuit, (and bearing the name, in that capac­
ity, of CL?·cuit j1.tst,fce.) together with the circuit
judge and the district jndge of the district in which
tbey are held. Their business is not only tbe'super­
vision of trials ot issues in fact, but the hearing of
causes as a court in banc : Ilnd they have equity
as well as common-law jurisdiction, together with
appellate jurisdiction from the decrees and judg­
ments of the district oour1.s. 1 Kent, Comm. $01-
803.
In several of the states, circuit court is
the nallle given to a. tribunal, the territorial
ju risdiction of which comprises several coun...
til'S or districts, and whose sessions are held
in such cou nties or districts alternately.
These courts usually have general original
jurisdiction.
CIRCUIT COURTS OF APPEALS.
A system of courts of the United States (one
in each ci rcuit ) created by act of congress of
March 3, 1891, composed of the circuit jus­
t!ce, the circuit judge, and an additional cir­
cuit j udge apPointed for each such co u rt . and
baving appellate jurisdiction from the circuit
and district cOllrts except in certain specified
. ral courts.
classes of cases.
CIRCUIT PAPER. In Engl ish p ractice.
A paper containing a statemen t of the time
and place at which the several assisE'S will be
held, and other statistical information con­
nected with the assises. Bo ltho use.
Circuitus est evitandus ; et bani judi­
cis est Utes dirimere. ne lis ex lite oria.­
tur. 5 Coke, 31. Circuity is to be avoided;
and It i. the du ty of a good judge to dete....
204 CIR CUMSTANCES
mine litigati o ns , lest ODe lawsuit arIse onl
of anoth er.
CIRCUITY OF ACTION. Thi • .,..
curs where R li ti gan t, by a complex, indirect,
or roundabout course ot legal procee din g.
makes two or more actions necessilry. in or·
der to etIt'ct that adjustment of rights be­
tween all the patties concerned in tile tmDs­
action which, by a more di re ct COUl'Be, migh t
bave beeD accomplished in a single suit.
CIRCULAR NOTES. Similar instru­
la ents to "letters of cred it." They are drawn
by resilI en t bankers UPOll their foreign cor­
respon dents, in favor of persons traveling
The correspondents must be satis­
tied of the identity of the applicant, be­
fore payment j and the requisite proof of such
identity is usually furnished, upon the ap­
plicant's prod ucing a letter with his signa­
t u re. by a comparison of the signatures.
Brow n.
CIRCULATING MEDIUM. Thi. term
is more compre he nsi ve than the term " man.
ey," as it is the medium of exchanges, 01
purchases and sales, whether it be gold or
silver coin or any other arti cle.
CIRCUMDUCTION. 'In Scotch law. A
c losing ot the period for lodg ing papers. or
doi ng any other act required in a cause.
Patera. Comp.
CIRCUMDUCTION OF THE TERM.
In Scotch practice. The sentence of a j udg�,
decl a ring the time elapsed within which a
proof ought to have been led. and precl u di ng
the party from bringing forward any f urther
evidence. Bell.
CIRCUMSPECTE AGATIS. The tltI.
13 Edw. I .. A. D. 1285,
of a .tatute passed
and so called from the initial word!\ of it. the
object of which was to ascertai n the bon nda­
ri{'s of ecclesiastical j urisdiction in some par­
ticulars, or, in otber words, to regul ate the
ju risdict ion of th e ecclesiastical and tempo­
2 R�eve, Eng. Law. 215, 216.
CIRCUMSTANCES. A princi pal fact
or e vent being the object of investigation, the
circumstances are the related or accessory
facts or occu rrences which attend upon i t ,
which closely precede or follow it, wh ich sur.
round nnd accompany it, which depend upon
it. or which support or qualify it.
The terms "circumstance" and "tact" are, tn
many applications, synonymous; but tbe true eia­
t.lnction of aolrcumstance is itsrelati've oharacter.
" by fact. may be a. circumstance wit.h reterenc»
 CIll CUMSTANCES 205 CITE

to any other fact. ,. 1 Beotb. Jud. Evid. 42, note ; C I T A T I 0 A D REA:SSUMENDAM

ld. 142. CAUSAM. A. summons to take up the
Thrift, integrity, good repute, business capacl·
cause. A process, in the civil law, which
\y, aod stability of character, for example, are
"circumstances" which may be very properly con­ issued when one of the parties to a suit died
.{dcred in determining the question of " adequate before i ts determination, for tilA plaintiff
l&Curity. " 6 Red!. Sur. 600. against the defend ant.'s heir, or for the plaln­
tiff's beir against the defendant, as tbe case
CIRCUMSTANTIAL E V I D E N C E .
might be; analog\lus to a modern bill of re­
Evidence directed to the attending circum­
vivor.
ltances ; ev idence which inferentially proves
the principal fnet by establishing a condition Citatio est de juri naturali. A summons
of surrounding and limiting circumstances. is by natural right. Cases in Banco Regis
whose existence is a premise from which the Wm . III. 453.
existence of the principal fact may be con­
CITATION. In practice. A writ Is­
cluded by necessary laws of reasoning.
sued out of a court of competent j u risdic� 0
When the existence of any fa.ct is attested by
tlOn, commanding a person therein named to
witnesses, 8s having come under the cognizaDco
of their senses, or is stated in documents, the gem­ appear on a day named and do something
\tioeness aod veracity of which there seems no rea­ therein mentioned, or show cause why he
IOn to question, the evidence of that fact is said to sbould not. Proc. Prac.
be direct or positive. When, on the contrary, the
Tbe act by which a person is so summoned E
uistence of the principal fact is only inferred
or citet!.
from one or more circumstances which have been
eatablisb.ed directly, the evidenco is said to be ctr­ It is lIsed in this se nse, in American law, in
cUIDstantial. And when the existeuce of the prin­ the pradice upon writs of error from the
cIpal fact does not follow from the evidentiary
United States supreme court. and in the pro�
facts as a necessary consequonce of the law of nat­
ure, butis deduced from them by a process of proba­
ceedi ngs of courts of probate in many of the F
ble reasoning, the evidence and proof are said to states.
be presumptive. Beat, Pres. 24a; Id. 12. This is also the name of the process used
All presumptive evidence is circumstantial, be­ in the EngliSh ecclesiastical, probate. and
cause necessarily derived from or made up of cir­
di vorce courts to call the defendant or re-.
cumstances, but all circumstantial evidence is not
presumptive, that Is, it does not operate in the way spondent before them . 3 Bl. Comm. 100; 3
G
of presumpt£on, being sometimes of a higher Staph . Comffi. 720.
grade, and leading to necessary conclusions, in­
In Scotch practice. The calling of a
.tead of probable Ones. Burrill
pa.rty to an action done by an oOlcer of the
CIRCUMSTANTIBUS, TALES DE. court under a proper warrant. H
See TAL"". The service of a writ or bill of summons.
Paters. Compo
CIRCUMVENTION. In Scotch law.
Any act of fraud wbereby a perso n is red uced CITATION OF AUTHORITIES. Th.
to a deed by decreet. It has the same sense referen ce to. legal a uthori�iell
read i ng of, or
I
In lb. civil law. Dig. 50. 17, 49, 155. a nd precedents, (such as constitutions, stat;..
utes, reported cases, and elemen tary trea.­
CIRIC-BRYCE. In old English law. tises, ) in arguments to courts, or in legal
July violation of the privileges of a church. text-books, to establish or fortify the propo.
sitions advanced. J
CIRIC SCEAT. In old English law.
Church-scot, or sbot; an ecclesiastical due. Citationes non concedantur priusquam

payable on the day of St. Martin. consisting exprimatur Bupe'r qua re fieri debet oi·

chiefly of corn. tatio. Citations should not be granted be­

A ceorl. (q. �.)

fore it is atateu about wbat matter t h e ci ta- K
CIRLISCUS. tion is to be made. A maxim of ecclesiastical
law. 12 Coke, 44.
CISTA. A box or chest for the deposit of
charters, deeds, and things of value. CITE. L. Fr. City ; a city. Oit. de
Lound1·I, city of Lon don.
CITACION. In Spanish Jaw. Citation; L
summons; an order of a court requ iring a CITE. To summon; to command the
porson against whom a suit has been brought presence of a per:>on; to notify a person of
to appear and defend within a given time. l egal proceedings against him and require
his ap pearance thereto.
CITATIO. A citation or summons to To read at" refer to legal authorities, in an M
court. argumentto a court or elsewhere, in support
 CITIZEN
of propositions of law sought to be estab­
lished.
CITIZEN. In general. A member of
a free city or jural society, (civitas,) possess..
ing all the rights and privileges which can
be enjoyed by any person under ita constitu­
tion and government, and subject to the cor­
responding duties.
In American law. One who, under the
constitution and laws of the United States.
has a right to vote for civil officers, nnd bim­
self is qualified to fill elective offices.
One of the sovereign people. .A. constitu­
ent member of the sovereignty, synonymous
with the people. 19 How. 404.
A member of the civil state entitled to all
its privileges. Cooley, Const. Law, 77.
The term "citizen" has come to us derived from
antiquity. It appears t.o have been used in the
Roman government to designate a. person who had
the freedom of the city, and the right to exercise
all political and civil privilegcs olthe government.
There \Va! also, at Rome, a pal"tio.l citizenship, in·
eluding civil, but not political, rights. Complete
�itizeDsbip embraced both. 15 Ind. 451-
All persons born or naturalized in the
United Slates, and subject to the jurisdiction
thereof. are citizens of the United SLates and
of the state wherein they reside. Amend.
XIV. Const. U. S.
The:::-e is in our politica.l system a government ot
each of the several states, and a. government of
the United States. Each is distinct from the
others. and bas citizens of its own, who owe it al­
legiance, and whose rights, within its jurisdiction.
it must protect. The same person may be at the
same time 0. citizen of the United States and a cit­
izen of a state ; but his rights of citizenship under
one of these governments will be different from
those be has under the other. The government of
the United States, although it is, within the scope
of its pow�rs, supreme and beyond the st.'lt.cs, can
neither grant nor secure to its citizens rights or
privileges which are not oxpressly or by implies·
tion placed under its jurisdiction. All that cannot
be so granted or secured are left to the exclusive
protection of the states. �2 U. S. 542.
" Citizen " a.nd "inhabitant " nre not synonymous.
One may be a citizen or a. state without being an
inhabitant, or an inhabitant without. being 8. citi­
zen. 4 Bnr. (DeL) 883.
" Citizen "is sometimes used as synonymous with
"resident j n as in 0. statute authori:r:ing funds to be taTyor ecclesiasUwl, to natural or fo reign.;
distributed among the religious societies of a
township, proport.ionably to the Dumber of their
members who are citizens of tbe township. 11
Ohio, U.
In English law. An inhabitant of a
ci ty. 1 Rolle, 138. The representati ve of a
city, in parliament. 1 ill. Comm. 174. It
will be perceived that, in the English usage, A personal action which is instituled to com­
the word adheres closely to its original mean­ pel paylJlent, or the doing some other thing
Ulg� as shown by its derivation, (ci'Dts. a free which is purely ci vil.
206 CIVIL ACTION
inh"bitant ot a city.) When It Is dMigneo}
to Jesignate an i nhabitant of the country, or
oJ1e mnenable to the laws of the nation, " sub­
ject" is the word there employed.
CITIZENSHIP. The status of being .
citizen. (g. v.)
CITY. In England. An incorporated
town 01' borough whicll is or has been the
see of a bishop. Co. Litt. 108; 1 HI. Comm.
114; Cowell.
A large town incorporated with certai n
privileges. The inhauitants of a city. Tba.
citizens. "\Vorcester.
In America. A city is a municipal cor­
poration of a larger class, the distincti ve feat­
ure of whose organization is its govt.:ll'll ment
by a chief executive (usual1ycalled " mayor")
and a legislative body, COlli posed of repre·
sentatives of the citizens, ( usually called a
"council" or II board of aldermen, lt ) nnd oth­
er officers having special functions.
CITY OF LONDON COURT. A court
baving a local jurisdiction within the city of
London. It is to all int�llts and purposes a
county court, having the same jurisdictioll
and procedure.
CIVIL. In Its original sense, this word
means pertaining or appropriate to a member
of a ci'l)itas or free poli tical community; nat.
ural or proper to a citizen. Also, relating to
the community, or to the policy and govern­
ment of the citizens and subjects of a state.
In the language of the law, it has variou.
significations. In conlradistinction to bar­
barous or savage, it indicates a state of society
reduced to order and regular government;
thus, we speak of civil life-. civil SOCiety. civil
government, and civil liberty. In contradis.­
tinction to criminal, it indicates the private
rights and remedies of men, as members of
the community in contrast to those which
J
are public and relate to the government;
thus, we speak of civil process and criminal
process, civil j urisdiction and criwinal juriS­
diction.
It is also used in contradistinction to mili-­
thus. we speilk of a ci viI dtation, as opposed to
a mi litary or an ecclesiastical station; 8 civil
death. as opposed to a natural death; a civil
war, as opposed to a foreign ",,,,r. Story,
ConsL. § 791.
CIVIL ACTION. In the civil law.
 CIVIL ACTION
At common law. As distinguishea frOtn
R criminal action. it is Olle w h i ch �eeks the
establishment, recovery, or redrebs of pri vate
and civil rights .
Civil suits relaLe to and affect, as to the parties
against whom they are brought, only individual
rights which !lore within. their individual control,
and which they may part with at their pleasure.
The design of such suits is the enforcement of
merely private obligations and dut.ies. Criminal
pros�cutions, on the other hand, involve public
wrongs, or a breacb and violation of public rights
aDd duties, which afl"cct the whole community,
!:ODsidered as such in its social and aggregate ca.
paett.y. '1'he end thoy have in view is the preven­
tion of similnr offenses, Dot atonement or expia­
tion for crime committed. 18 N. Y. 128.
Civil cases are those which involve disputes or
contests between man and man, and which only
terminate in the adjustment of the rights of plain·
tift's ana defendants. They include all cases which
cannot legally be denominated "criminal cases. "
1'. U. P. Charlt. 175.
In code practice. A. ci vil action is a
proceed ing in a court of j usti ce i n which one
party, known as the " plaintiff, " demands
iigai ns� <Inother party, known as the "defend­
ant," the enforcement or protection of a pri­
vate rigl1t, or the prevention or redress of a
pl'ivale wrong. It may also be brollght for
the recovery of a p(' n al ty or forfeiture. nev.
Code Iowa 1880, � 2505.
The distinction between actions at law
and su its in equity. and the fOfms at al l such
actions and suits, heretofore ex isti ng, is auol­
islied ; and there shall be in th is state. here­
after. but one form of action for the en force­
ment or p rotection of private righ ts and the
redr ess of private wrongs, which shall be de­
nominated a " civil act.ion." Code N.Y. § 69.
CIVIL BILL COURT. A tribunal in
Ireland with a jurisdiction analogous to that
of the county courts in Enghmd . The j udge
of it is also chairman of qu art er sessions,
( wbere the j u risdict io n is more extensive
than in l�ngland.) nnd performs the duty of
reVi sin g barrister. Wharton.
CIVIL COMMOTION. An in s urrection
of the people
for general purposes. though it
may not amount to rebellion wh e re there is
a usurped power. 2 Marsh. Ins. 793.
CIVIL CORPORATIONS. An old En­
glisb term for all lay corporations which are
no� eleemosynary Or charitable.
Civil corporations are those Which relate
to temporal police; such are the corporations
of the citi es. the companies for the advance­
ment of commerce and agriculture, literary
societies. colleges or universities founded for
the instruction of youth, and the like. Re-
Z07 CIVIL LAW
lig1.ol1s corporations
ar e those whose estab..
lishment relatesollly to religion; such are the
congregatiuns of the Llifferent }'eligious per·
suaSIOns. Civil Code La. art. 431.
CIVIL DAMAGE AC'l'S. Act. passed
In many of the Unitoa States which provide
an action for dar,lages against a vendor of in­
toxicating liquors,(:'li1d. in some cases, agR i ns t
iJis l essor , ) on behaU' of the w ife or family of
a perso n who has sustained inJuries by rfla­
son of bis intoxicat:on.
CIVIL DEATH. That ch. �nge in a per­
son's leg;!\ and civil condition which dcprivt:!s
him of civ i c rights and j uridicl11 capacities a.nd 0
qualificatio ns, as natural death extingu ishes
his n atu ral condition. It follows us a co nse­
quence of bei n g at.tainted of treason or ft'l­
ony, in English law, and anCiently oC enter­
ing a monastery or abjur i ng the realm.
E
The
person in this condition is said to be civiliter
mortu'u8, civil1y dead. or deall in law.
CIVIL INJURY. Injuries to person OF
property, resulting f!'Olll a breach of con tract.
delict. or criminal offense, whic:1J may be re­
F
dressed by means of a C i vil action.
CIVIL LAW. The "Roman Law" and
the "Oi vi! La w " art:' con vert ible phrases.
G
meaning the same system of j l L risprud ence;
i t is now frequently denomi nated the " Romau
Civil Law . "
H
The word " civil, II as applied to the laws i n force
in Louisiana, before the adoption of the Oi vil Code,
is not uscd in contradistinction to the word "crim­
inal, " but must be restricted to the Roman law. It
is used in contradisLiuction to the laws of England
and those of the respective states. 5 La. 493.
1. The system of jurisprudence held ami
administered in the Roman empirt', partic­
ulal'ly as set forLh i n th e compilation or
Justinian and his successors.-comp rising
th e Institutes. Code, Diges(. and Novels, anLl
coll ecti vely denomi nated lhe " C01'PUS Juris J
Civilis, "_as distingtli:shed from the common
law of En gland and the ca non law.
2. That rule of action which every par­
t ic u la r nation, common w ealth. 0(' city bas es-
t"lblished peculiarly for itself; more properly
f\
called " municipal" law. to d ist i n gu i sh it
from the " l aw of nature , " and from intcrna­
tional law.
law which a people enact s is calleu the
The l
" ci vi l law " of t.hat
people, but tlmt J a w whidl
natural reason appoints for all mankinll is
called the "law of nations, " because all na­
tions use it. Bowyer, Mod. Civil Law. 19.
3. That division of municipal Jaw Wllich is M
occ upied with the exposition and en force-
 CIVIL LIBERTY 208 CI VILIZ ATION

ment of ci'O£l rights, as distinguished from confined to functions in the great admlnla­
r:J'iminal law. trative departments or state. Wharton.
C I V I L LIBERTY. Tbe liberty of a CIVIL SIDE. When tbe same court h..
member of society, being a man's natural jurisdiction of both civil and criminal mat­
liberty, so far restrained by human laws (nnd ters. proceedings of the first class are often
no fllrther) as is necessary and expedient for said to be on the civil side; tllose of the seo­
the general advantage of the public. 1 Bl. and. on the criminal side.
Comm. 125; 2 Steph. Comm. 487. Th e
CIVIL WAR. An internecine war. A
power of doing whatevel' the laws permit.
war carried on between opposing masses at
1 Bl. Corom. 6; lost. 1, 3, 1. See LIBERTY.
citizens of the same country or nation.
CIVIL LIST. In English public law. Before the dechuation of independence, the
An annual sum granted by parliament, at the war between Great Britain and the United
commencement of each reign, for the expense Colonit's was a civil war; but instantly on
of the royal household and establishment, as that event the war chall ged its nature. and
distinguished from th(> general exigencies of became a pu hlie war between indepenuent
thE" state, being a provision made for the governments. 3 Dall. 199, 224.
crown out of the taxes i n lieu of its proper
CIVILIAN. One who is skilled or versed
patrimony, and in consideration of the as­
i n the civil Jaw. A dodor, professol', or stu­
signment of that patrimony to the public use.
dent of thecivi1 1aw. Also a. private citizen,
2 �tepb. Comm. 591; 1 Bl. Co m m 332. .
as distinguished from such as belong to the
CIVIL OBLIGATION. An obligation army and navy or (in England) the church.
binding in law, and enforceable in a court of CIVILIS. Civil, as distinguished from
justice. Poth. Obi. 173, 191 .
criminal . CiIJi[u actio, a civil action. Bract.
CIVIL OFFICER. Any ollieer of tbe tol. 101b.
Un ited StaLes who holds his appointment
CIVILISTA. In old English law. A
under the national govern mpnt, whether his
civil lawyer, or civilian. Dyer, 267.
duties are executi ve or judiCial, in the high­
est or the lowest departments of the govl.:rn­ CIVILITER. Civilly. In a person'.
ment, with the exception of officers of the civil character or positioll , or by civil (not
army and navy. 1 Story, Con st. § 792. criminal) process or procedure. This term
is used in distinction or opposition to tbe
CIVIL REMEDY. The remedy afforded
word "criminaliter,"--criminally.-to dis­
by law to a private p&rson in the civil courts tinguish Civil actions from criminal prosecu­
in so far as his private and individual rights tions.
bave been injured by a delict or crime; as
distinguished from the remedy by criminal CIVILITER MORTUUS. Civilly dead;
prosecution for the injury to the rights of dead in the view of the law. The condition
the public. of one who has lost his civil rights and ca_
paCities, and is accounted dead in law.
CIV.IL RESPONSIBILITY. The lia.
bility to be called upon to respond to an ac· CIVILIZATION. I n practice. A law;
tion at law for an injury caused by a delict an act of j nstice. or j IIdgment which renders
or crime, as opposed to criminal responsibili_ a criminal process civilj performed by turn­
ty, 01' liability to be proceeded against in a ing an information iuto an inquest, or tlle
criminal tl'i bun31. contrary. 'Vharton.
In public law. This i8 8 term which
CIVIL RIGHTS. Rights appertaining
covers several states of SOCiety: it is relative,
to a person in virtue of his citizenship in a
and has noL a fixed sense, but it implies an
stat') or community. H.ights capable of be­
improved and progressive condition at the
ing enforced or redressed in a civil action.
people. living under an organized gov�rn_
Also a term applied to certain rights secured
ment, with systematized labol', indi vidual
to citizens of the United States by the thir­
ownership of the soil, individual accum ula.­
teenth and fourteen th amendments to the
tions of property, humane and somewhai
constitution, and by Various acts of congress
cultivated manners and cllstoms, the inst.itu.
made if! pursuance thereof.
tion of the family. with well-defined and re­
CIVIL SERVICE. Tbis term properly spected domestic and 80cial relations, insti..
Includes all functions under the government, tutions ot learning, intellectual activity, etc.
except military fu nctions. '!'"1 general it is 19 Ind. 56.
 CIVIS 209 CLAMEA ADMITTEND A , ETC.

CIVlS. Lat. In the Roman law. A tn a libel Buit to furnish particulars of the facta

citizen ; as distingu ishec1 from incola. ( an in­ relied upon in justification. 6 Daly, 446.

habitant;) origin or birth const it n ting the 2. Under the mechanic's lien l<lW of Penn­
former, domIcile the latter. Code. 10. 40, 7. sylvania, II cJelnand put on record by 8 me-­
chanic or material-man against a building
CIVITAS. Lat. In the Halnan law. for work or material contributea to its erec.­
Any body of pl'opJe living lI nuer t.he Mille tion is called a. " clai m . "
laws ; a state. JWi ci'Oita tis, the law of a 3. Under the Jand Jaws of the United
state ; ch ' il law. Inst. 1, 2. 1 , 2. Cinitales States, the tract of land taken up by a pre­
f(El]eratre, towus in al liance with Rome. and emptioner or other settler (and also his pos­
considerffi to be free. Butl. lior. JUl'. 29. session of the same ) is called a " claim . IJ

Citl1.enship; one of the three status, con­

CLAIM IN EQUITY. In English prac­
ditions, or qualifications of persons. Mac­
tice. In simple cases, w here there was not
keld. I{om. Law, � 131.
any �reat conOid itS to facts, and a d iscovery
Civitas et ur'bs in hoc differunt, quod frolU a defendant was not so u ght. bllt a D
ineoloo dicuntur civitas, urbs vera com­ reference to chambers was nevertheless nec­
plectitur ",dillc!.. Co. Litt. 409. A ci ty essary before final decree, which would be
and a town differ, in this: that the inhabit­ as of course, aU parties bein g before the
conrt . the summary pruceedi ng by cla.im was
E
�mts are called the " city . " but to wn includes
the bUild ings. someti mes adopted. thus ob v iati ng the re­
course to plen ary and protr acted plead in gs.
CLAIM, tI. To demand as one's own i This summary practice was created by orders
to assert a personal ri ght to any proper ty or 22d A pril , 1850, w hich came iuto operation
any right: to demand
F
the p osses 8 ion or en­ on the 2�u May follo w ing. See S m ith , Oh.
joy ment of som ething rigl,lfully one's own, PI'. 664. By Cousolid. Ord, 1860, viii. r. 4,
and wrongfully withheld . clai ms were abolished. WhartoD.

CLAIM, n. 1. A challen ge of the property CLAIM OF CONUSANCE. In prac­

tice. An intervention by a t hird person in
or ow nership of a thi ng which is w rongfully
w ith held from the possess ion of t he claim­ a su i t. clai m i ng tha.� 11e has l'ightful j uriS­ G
ant. Plowd. 359. diction of the ('a use which the plaintiff has

A olaim is a right. or title, actual or supposed, to

com menced out uf the c1aimant's court. Now
a debt, privilege, or other thing in the possession obsolete. 2 \vils. 409; 3 BI. Comm. 298.
of another : not the possession, but t.be means by
or through which the claimant obtains the posses­ CLAIM OF LIBERTY. In Engli sh H
aion or enjoyment. 2 N. Y. 245, 254. practice. .A. suit Or petition to the q ui.'en , in
A claim is, in n. just, juridical sense, a demand the court of exchequer, to have liberties and
of some matter as of right made by one person
franchises confirmed Lhere by the attorney
upon anot.ber, to do or to forbear to do some act Ol'
thing as a mat-ter of duty. A 0001'6 limited, but. at general.
the same time nu cC1ually expressive, definition
C L A I M A N T. In admi ralty p ractice.
was given by Lord Dyer, that " a claim is a. chal­
lenge by a mnn of the propriety or ownership of a
The name given to a p erson w ho lays cla:m
tbing, which he has not in possession, but which to property se.ized on a. libel in rem, and who
18 wrongfully dctaioed from him. " 16 Pet. 615. the
J
is authorized and admitted to defend
uClaim" ha.s generally been defined as 3. demand
action.
for a thing, the ownership of which, or an inter­
est in which, is in tho clailllan� but the possession CLAM_ In tbe civil law. Covertly ; se­
of which is wrongfully withheld by anotber. But
creLly.
a broader meaning must be accorded to it. A de­

K
ma.nd for damages for criminal conversation with Clam delinquentes magis pun1untur
plaintiff's wife is (l. claim i but it would bo doing
quam palam. 8 Coke, 127. Thoso Binning
violence to lnnguage to say that such damllgcs 0.1'0
property ot plain tiff which defendant withholds. secretly are pun ish ed more severely than
In common parlance the noun "claim II mea:1S an those sinning openly.
assertion, a pretension ; and tile verb is often ul';t'd
CLAM, VI, AUT PRECARIO. A tech-
(eot qulte correctly) as a synon ym for "state, "
" urge, n u insist, " or uassert." In a statute au­ nical p hrase of Lhe Rom an law, meaning by
L
thorizing the COUL·ts to order a bill of particulars of force, stealth . or importunity.
the "claim .. of either party. "claim n is co·extensive
with "case, " and embraces all causes of action and CLAMEA ADMITTENDA IN ITIN­
all grounds of defense, the pleas of both parties,
An ancien'
M
ERE PER ATTORNATUM.
and plens in co nfession and avoida.nce, no less
w ri t by which the king commanded the jus­
thun comp laints and counter-claims. It war rants
\he court in requiring a de fen dant who justifies tices in eyre to admit the claim by attorney
.U!. D!cr. LAw-14
 CLAMOR 210 CLAUSULlE, ETa.

ot a person who Wl:lS in the royal service, and to attend on each of the accounts and in.
OOl:i.lJ uot appeal' in person. Heg. Orig. 19. quiries directed by the jUdgment. Sweet.

CLAMOR. In old English law. A CLA USE. A single paragraph or suhdl­

claim or complainti an outcry; c1amor. vi�ion of a legal document, such as a con­
In the civil law. A claimant. A deht; tract, deed, will. constitution, or statute.
anything claimed from another. A procla­ Sometimes a sentence or part of a sentence.
maLion: an accusation. Du Cange.
CLAUSE IRRITANT. In Scotch law.
CLARE CONSTAT. (It cl early ap · By this clause, in a deed or settlement, the
peal's.) I n :-scotch law. The llame of a pre­ acts or deeds of a tenantfar lire or other pro­
cept for gi ving seisi ll of land.s to an heir; so prietor, contrary to the conditions of his
called from its in itiaJ words. Ersk. lost. 3, right. become null and void; and by the
8, 71. 1I resolutive" clause such right becomes re­
solved and extinguished. B�l1.
CLAREMETHEN. In old Scotch law.
The wanallty of stolE"D cattle or gooJs; the
CLAUSE POTESTATIVE. In French
law regulating such warranty. Skene.
law. The name given t.o theclause whereby

C L A R E N D O N, CONSTITUTIONS one party to a contract reserve8 t.a himself

OF. The conslit.ntions of Clarendon were the right to an n ul it.

certain statutes mnde i n the reign of Henry

CLAUSE ROLLS. In English Law.
I f . of England, at a parliament held at Clar-­
Rolls which contain all 8uch maLters of rec­
endon. ( A . D. 1164.) by which the king
ord as were comm itted to close writs; these
checked the power of the pope and his clergy,
rolls are preserved in the Tower.
Knd greatly narrowed the exeDllJiion they
claimed from secular jurisdiction. 4 Bl. CLAUSULA. A clause; n sentence or
Comm. 422. part of a sentence in a written inst.rument or

CLARIFICATIO. Lat. In old Scotch law.

law. A making clear; the purging or clear­ Clausula. generalis de residuo non ea
ing (chmging) of an assise. Skene. oomplectitur qure Don ejusdem sint gen·
eria cum tis qum speciatim dicta. fue­
CLASS. The order or rank according to
rant. A generlll clause of remainder does
which persons or things are arran ged or as­
not embrace t.hose things which are not of t.he
sorted. Also a group of persons or things,
same kind with those which bad been spe­
taken col1ectivply, having certain qualities
cially mentioned. LotIt, Appendix, 419.
In common, and constituting a unit for
certain purposes; e. g., a class of legatees. Clausula. generalis non refertur ad
expressa . 8 Coke. 154. A general clause
CLASSIARIUS. A seaman or soldier
does not refer to things expr�ssed.
lerving at sea.
Clausula qum abrogationem excludit
CLASSICI. In the Roman law. Per­
ab initio non valet_ .A cla use [in a Jaw]
sons employed in servile duties on board of
which precludes its abrogation is void from
vessels. Cod. 11, 12.
the beginning. Bac. Max. 77.
CLASSIFICATION. In the practice of
Clausula vel dispositio inutilis per
the English cbancery division. where there
presumpt10nem remotam, vel causam ex
8re several parth's to an administration ac­
post facto non fulcitur. A useless clause
tion, i ncluding t.hose who have been served
or disposition [one which expresses no more
with notice of t.he decree or judgment, and
than the law by intendment would have sup­
it appears to tll.e j udge (or chief clerk) that
plied ] is not supported by a remote presump_
any of them form a chtss having the same
tion. [or foreign intendment of some purpose,
interest. (e. g • • residuary legatees , ) he may
in regard whereof it might be material,] or
require th€'m to be revresented by one so­
by a cause arising afterwards, [which may
licitor, in order to prevent the expense of
induce an operation of those idle wordS.]
each of them atte nding by separate solicitors. I
naco Max. 82. regula 21.
Tllis is termed "classifying the interests of
,

the parties att.ending, " or, shortly, "classi­ Clausulm inOODsuetm semper induoun'
fying, " or "classi fication. " In practice the suspicionem. Unusual clauses [in an in­
term is nlso applied to the uirections gi ven by strumentJ iil waYK induce suspicion. Seoke.
the chief clerk as tlJ .... bich of tlle parties are 81.
 CLAUSUM 21 1 CLERIC!. ETC.

CLAUSUM. Close. closed up. sealed. plied with the law. an d 18 duly authorized to
Inclosed, &8 a parcel of land. depart.

CLEARING. The departure ot a vessel

CLAUSUM FREGIT. L. Lat. (He
from port, after complying with the customs
broke the close.) In pleading and practice.
and health laws and like local regulations.
Technical words formerly used in certain
In mercantile law. A method of mak·
letiODS of trespass, and still retained in the
lng eXChanges and settling balances. adopted
phrase quare clausum fregit. (g. 1).)
among banks and bankers.
CLAUSUM PASCHllE. Iu English
CLEARING-HOUSE. An Institution
law. The morrow of the uta3, or eight days
organiZed by the banks of a city, whf're their
ot Easter; t.he end of Easterj the S u nday
messengers may meet daily. Ildjust balances
after Easter-day. 2 lnst. 157.
of accounts, and receiva and pay differences.
CLAUSURA. In old English law. An
CLEI4ENTINES. In canon law. The
inclosure. Clausu1'a hP!JIa, the inclosure of a
hedge. Cowell .
collection of decretals or constitutions of Pope
Clt!ment V., made by order of John XXII ••
0
CLAVES CURllE. The keys ot the his successor, who pub lished it in 1317.
court. They were the officers of the Scotch CLEMENT'S INN. An i n o of chancery.
courts, such as clerk, doomster. and serjeant. See INNS OF CIlANOERY.
Burrill.
CLENGE. In old Scotch law. To clear
E
CLAVES INSULlE. In Manx law. or acquit ot a criminal cllarge. Literally.
Tbe keys of the Ishmd of Man, or twelve to cleanse or clean.
persons to whom all ambiguous and weighty
causes are referred.
CLEP
practice.
AND CALL. In old
A solemn form of words prescribed
Scotch
F
CLAVIA. In old English law. A club by law, and used in cri minal cases, as in pleas
or mace j tenure per se-rjeautiam clavice, by of wrong and unlaw.
the serjeanty of the club or mace. Cowell.
CLERGY. Tbe whole body of clergymen

CLAVIGERATUS. A. tr",,,,urer of a or ministers of religion. .AJso an abbreyja­ G

It
church. tion for " benefit of clergy .

CLAWA. A close, or small inclosure. CLERGYABLE. In old English law.

Cowell. Admitting of clergy, or benefit of clergy. A

CLEAN HANDS. It is a rule of equity

clergyable felony was one of that class in H
which clergy was allowa\)le. 4 Bl. Comm.
that a plaintiff must come with "clean hands,"
371-373.
i. e., he must be free f.rom reproach in his
CLERICAL. Pertaining to clergYlnen;
conduct. But there is this limitation to the
rule: that his conduct. can only ue excepled
or pertaining to the omee or labor of a clerk.
I
to in respect Lo the subjecv.lIlutter of his CLERICAL ERROR. A mistake in
claiDlj everything else is imma.terial. writing or copying; the mistake of II clerk or
writer. I Ld. Haym. 183.
CLEAR. In a devise of money for the
purchase of an annllity, this ierm means CLERICAL TONSURE. Tbe having J
free from taxes. 2 Atk. 376. the head shaven, which was formerly pecul­
In tho phrase "clear yearly val ue," clear iar to clerks, or persons in orders, and which
means free from all outgoings iil<e a rent­ the coifs worn by serjeatlts at law are sup­
charge, as 108ses by tenants <lnd management, posed to have been introduced to conceal. 1
to which a reut Charge is not liable. 2 Yes. BI. COlC l ffi . 24. nOLe t; 4 Bl. Corom. 367. K
"
499. C L E R I C A L E PRIVILEGIUM. In

CLEAR DAYS. If a certain number of old English law. The clerical privilege; the

clear days be given for the doing of any act, pri vilege or benefit of clergy.

the time is to be reckoned exclusively, as well C L ER I C I DE CANCELLARIA.

L
of Lhe first day as the last. Clerks of tbe chancery.

CLEARANCE. In maritime law. A Clerici non ponantu r in officiis. Co.

document in the nature of a certifiCHte given Litt. 96. Clergymen should noL be placf'd in .N
Ril
lI
by the collt'ctor of customs to an outwaffl­ ofTIces; i. e., in secular o1lic�s. See I.ofTt.
bound vessel, to the effect that she !l...s com- 50S.
 CLERlCI PRlENOTA.Rli 212 CLERK OF THE MA.RKET

C L E R I c r PRlENOTARII. The sIx CLERK. In ecclesiatical law. A per�

clerks in chancery. 2 Reeve, Eng. Law , 251. eon in holy orders; a clergyman; an individ·
ual attached to the ecclesiastical state. and
CLERICO ADMITTENDO. S.. AI).
who has thf' clerical tonsure. See 4 HI.
lIlTTENDO CLERICO.
Comm. 366. 367.
CLERICO CAPTO PER STATUTUM In practice. A person employed in a
MERCATORUM. A writ for the deliv­ public ollice, or as an officer of a court.
ery of a cl erk out of prison, who was taken
whose duty Is to k eep records or accounts.
and i ncarcerated upon the breach of a stat­
In c ommercial law. A person employed
ute merchant. Re g. Orig. 147.
by a m erch ant, or in a mercantile establish­
CLERICO CONVICTO COMMISSO ment, as a salesman, book�keeper. account.­
GAOLlE IN DEFECTU ORDINARII ant, am an u ensis . etc,. inv ested with more or

DELIBERANDO. An ancient writ. that less authority in the admi nistration of some
lay for th e delivery to his ordinary of B clerk branch or department of the business, while
convicted of fel ony . where the ordinary did the pri ncipal himself s up eri ntends thfJ
not challenge him according to the privilege whole.
,f clerks. Heg. Orig. 69.
CLERK OF ARRAIGNS. In Engli'h
CLERICO INFRA SACROS ORDI­ law. assistan t to the clerk of assise.
An
NES CONSTITUTO, NON ELIGEN­ His duties are in the CI'o wn court on circuit.
DO IN OFFICIUM. A writ directed to
CLERK OF ASSISE. In Engli3h I.w.
those who bad thrust a baili wick or other
Otneara who officiate as associates on the
office upon one in holy orders, charging them
ci rc u its. They record all judicial proceed..
to release him. Heg. Origo 143.
ings done by the judg es on the circuit.
CLERICUS. In Roman law. A m in­
ister o f reli gion in the Ch risti an church; an CLEHK OF COURT. An officer 01 •
ecclesiastic or priest. Cod. 1. 3; Nov 8. COurt of j ustice who h us charge of the cler�
123, 137. A general term, including biShops, ieal pa rt of its busi ness, who kt::eps its reconIs
p ri ests. deacons, and others of mforior order. and seal, i�8ues process. enters judgments

l3rissonius. and orders, gi yea certifi ed copies from the

l'ecords, etc.
In old English law. A clerk or priestj
a person in ho ly orders; a secular priest ; a C L E R K O F ENROLLMENTS. In
clerk at a court. English law. The former chief officl:lr of the
An ofll cer of the royal household, havIng English enrollment office, (q. tI.) He no w
charge of the receipt and payment of moneys . forms part of the staff of the central office.
etc. Fletu enumerates several of them, with
their appropriale lluties; as cle1'icus coquinre, C L E RK O F T H E C R O WN IN
clerk of the kitchen; cleriC'U8 panetr' ee CHANCERY. Bee CROWN OFFIOB IN
butelr', clerk of the pantry and buttery. CUANCERY.
Lib. 2, ce. 18, 19.
CLERK OF THE HOUSE OF COM·
Clerious et agricola et mercator, tem­ MONS. An important officer of the Englisb
pore belli, ut oret, eola.t, at commutet. house of commons. He is appoin teu by the
pace fruuntnr. 2 I ns t. 58. Clergymen. cro w n as under�clerk of the parliaments to
husbandmen, and merchants. in order tbat atte nd upon the commons. He makes a
they may preach, cultivate, and trade. enjoy declaration, on entering upon his office, to
peace in time of war. mal� e true entries, remembrances, and jour­

CLERICUS MERCATI. In old En­ nals of the things don e and passed in the
glish law. Clerk of the m ark et. 2 In st. 543.
house. He si gns all orders of the ho use, in­
dorses the b ills sent or returned to the lords,
Claricns non eonnumeretur in dua .. and reads whatever is required to be read in
bus ecclesiis. 1 Rolle. A clergyman should the house. He h as the custOdy of all records
not be ap pointed to two churches.
and other documents. May, ParI. Pro 286.
CLERICUS PAROCIDAUS. In old
C L E R K OF THE MARKET. Tho
Engliah law. A parish clerk.
overseer or superintendent of a public mar.
CLERIGOS. In Span ish la.,... Clergy; keto In old E nglish law, be was a qua.1i
men chosen for the ser v ice of God. White, jUdicIal officer, baving power to settle con­
New Hocol!. b. 1. tit. 5. ch. '" troversies arisin& in the market between
 OLERK OF PARLIAMENTS
persons deallng there. Called uclericus m6'l'·
... U.» 4 BI. Comm. 2i5.
OLERK OF THE PARLIAMENTS.
One at the ebief omeers of the house of
lords. He is apPointed by t.he crOWD, by
letters patent. On entel'jng office he mak es
a declaration to make true enlries and
records of the things done and passed in tho
parliaments, and to keep secret all such
matters as sball be treated therein. May,
PorI. PI'. 288.
CLERK OF THE PEACE. In English
aw . An officer
whose duties are to oOiciate
,t sessions of the peace, to prepare indict-.
ments. and to record th(> proceedings of the
justices. fmd to perform a number of' special
duties in connection with the affairs of the
county.
CLERK OF THE PETTY BAG. See
PETTY BAG.
CLERK OF THE PRIVY SEAL.
There are four of these officers, who attend
the lord privy seal, or, i n the absence of the
lord privy seal, the principal secretary of
stale. Their duty is to write and make out
all things that are sent by warrant from the
aignet to the privy seal. and which are to be
passed to the great seal; and also to make
out pl'ivyseals (a� theyai'e termed) upon any
special occasion of his majesty's alrairs, as
for the loan of money and such like pnrposes.
Cowen.
CLERK OF THE SIGNET. An offi.
cer. in England. whose duty it is to attenrl on
the king's principal secretary, who always
has the CllstOUY of the pri vy signet, as well
for the purpose of sealing his majesty 's pri.
vate letters, as also grilnts which pass bis
majE'sty's band by bill signed; there are four
of these ofHcers. Cowell.
CLERKS OF INDICTMENTS. Offi­
cers attached to the central criminal court in
England, and to each circuit. They prepare
and settIe indictments against offenders, and
assist tilt! clerk of arraigns.
CLERKS OF RECORDS AND WRITS.
Officers formerly attached to the English
court of chancery whose duties consisted prin·
I
cipally in sealing bills of complaint and writs
of execution. filing affidavits, keeping a record
of suits. and certifying office copies of plead·
lngs ;md affidavits. They were three in num­
:.>el', and tlle business was distributed among
them according to the letters of the alphauet.
By lbe judicature aots, 18'13, 1875, they were
218 CL OSE
transferred to the chancery dIvlston of the
high court. Now, by the j udicature (omcers')
act. 1879. they have been transferred to the
central office of the supreme cour�, under the
title ot .. Masters of the Supreme Court. " and
the OffiCA of clerk of records and writs has
been abolished. Sweet.
CLERKS OF SEATS, i n tbe principal
registry of the probate division of the English
high court. discharge the duty of preparing
and passing the grants of probate and letters
of administration, under the supervision of
the registrars. There are six seats. the busi.
ness of which Is regUlated by an alphabetical
anangement. 8nft (·01ch seat has four clel·ks. I)
They have to take bonds from administrators,
and to receive caveats against a grant being
made in a case where a will is contested .
They also draw the "acts," i. e., a short sum·
mary of each grant made, containing the E
name of the deceased, amount of assets, and
other particulars. Sweet.
CLERKSHIP. The period which must
be spent by a law-student in the omce of a F
practising at.torney before admission to the
bar. 1 Tidd, Pro 61. et seq.
In old English practice. The art ot
drawing plcadings and entering them ou rec·
ord i n Latin, i ll the ancient court hand; oth­ G
erwise called " skill of pleadIng in actions at
the common law."
CLIENS. Lat. In tbe Roman law. A
client or dependent. One who depended up. H
on another as Ilis patron or protector, adviser
or defender, i n suits at law and oLher difll.
culLies; and was iJollnd. i n retuTn. to pay him
all respect a.nd bonoI'. and to Sl'rve him with
his life and fortune in any extremity. Dionya. I
il. 10; Adams, Hom. Ant. 33.
CLIEN'l\ A. person wbo employs or re.­
tains an attorney. or counsellor, to appear (or
him in courts, advise. assist, and defend him J
in legal proceedings. and to act for bim i n
any legal business.
CLIENTELA. In old English law.
Clientship. the atate of n client ; and. correla- K
tively, protection, patronage. guardians lJip.
CLIF},'ORD'S INN. An inn 01 cban­
eery. See INNS OF CHANOERY.
eLI TO. In Saxon law. The BOn ot a l
king or emperor. The next heir to tlla
throne; the Saxon adeling. Spelman.
CLOERE. A gaol ; a prison or dungeon.
CLOSE, adj. In practice. Close or sealed M
up. A term applied to writs and letters, as
 CLOSE 214 COAL NOTE

di sti ngu ished from those that are open or shown by extrinsic proof to be Invalid or In­
patent. appli cable
to the estate in q ueaU on . A con­
veyance, mortgage, judgment, tax·levy, etc.,
CLOSE. .. A. portion of land. as a field,
incl osed. 8.8 by A her1ge, fence, or o ther visible
mayall, in proper cases, consti tute a cloud
on title.
inclosure. 3 i'll. Camlll. 209, The interest
of a person in any part.icula,r piece of ground, CLOUGH. A valley. Alaoan allowance
whether actually inclosed 'or Dot. 7 East, for the tu rn of the scale, on buying goods
207. wholesale by weight.
The noun ·olose, JI tn its legal sense, imports a
CLUB. A voluntary. unincorporated u­
portion of land inciosed, but DOt necessarily in­
closed by actual or visible barriers. 'l'be invisible, sociation of persons for purposes of a social,
ideal boundary, founded on limit 01 title, which litt'rary, or political nature, or the like. A
surrounds every man's land, constitutes it his cluu is not a partnership. 2 Mees. & W. 172.
close, irrespcctiva of walls, fenoos, ditches, or the
The word "clu b " has no very definite meaning.
1lke.
Clubs are formed for aU sorts of purposes, and
In practi ce. The word means termina­ there is no uniformity in their oonstitutiODS and
tion; winding up. Thus the close of the rules. It is well known tha.t clubs exist which
limit the Dumber ot the members and select them
pleadings is where the pleadings are finished.
with great care,which own considerable propertyin
,. e., when issue has been jOined. common, and in which the furnishing of food and
drink to the members for money Is but one of maDT
CLOSE COPIES. Copies of legal docu­ conveniences whioh the member8 enjoy. 187
ments which might be written closely or MWI.8. 567.
loosely at pleasure ; as distinguisbed from
CLUB-LAW. Ru le of violence; regUla­
office copies, which were to contain only a
tion by force ; the law of arms.
p!'eBcribed Dumber of words on each sbeet.
CLYPEUS, or CLIPEUS. In old En­
CLOSE-HAULED. In admiralty law,
glish law. shield ; metaphorically one of
A.
th isnautical term means the arrangement or a noble fam ily. Olypei prostrati. Doble
trim of a vessel'8 sails when she en deavors to families extinct. Mat. Paris, 463.
make a progress in the nearest dirtlction pos­
sible towards that poi nt of the compass from CO. A prefix to words. meaning " with­
which tbe wind blows. But a vessel may be or " in conj unction " or " Joint;1f .. g., co­
considered as close-hauled, altbough she is trustees, co-executors.
not quite 80 near to the wind as she could
COACH. Coach is a generi c term. U 18
pos sibly lie. 6 EI. & BI. 77l.
Ii kind ofcarriage, and is disLinguisbed froIr.
CLOSE ROLLS. Rolls containing the otber vehicles, chiefly. as being a covered box.
record of the close writ s (litera clausw) and hung on leathe1'8, with tour wheelL 9 Ohio,
gran ts of th e king. kept with the public rec­ 12.
ords. 2 BI. Comm. 346. COADJUTOR. An assistant. helper. or
ally ; partic ularl y a person appointed to as­
CLOSE WRITS. In Eng lish law. Cer­
tnln letters of the king. sealed with bis great sist a bishop who from age or in firmity 18
unable to perform his d uty. Al.so an ove�
seal, and directed to particular persons and for
particular purposes, which, not being proper aeer, ( coadjutor of an executor. ) and o ne who
disseises a persoll of land not to bis own uset
for public inspection, are closed up and sealed
but to that of another.
o n the outside, and are thence caned U writs
ciose. .. 2 Bl. Com m. 846; Sewell, Sheri1fs, CO-ADMINISTRATOR. On. who i. a
872. j oint administrator with one or more others.
Writs directed to the sheriff, instead of to
COADUNATIO. A. uniting or combln·
the lord . S Reeve. En g. Law. 45.
ing together of peraoD8; a conspiracy. 9
CLOTURE. procedure in delibera­
The Coke, 56.
tive assemblies wh ereby debate i s closed. In­
COAL NOTE. A species of promissory
troduced in the English parliament in the
note, formerly in use in the port of London,
session of 1882.
contai ni ng the phrase " value received in
CLOUD ON TITLE. An outstanding eoals." By the statute 8 Geo. IT. c. 26, §§ 7,
claimor incu m brance which. if valid, would 8, these were to be protected and noted aa
affect or i.mpair the title of the owner of a inland bills of exchange. But'"this was re­
particul ar estate. and which app arently and pealed by the statute 47 Goo. ITI. sess. 2, c.
on its face bas that effect, lIut which can be 68, § 28.
 CO.l LlTION 215 CODE DE COMMERCK

COALITION. In French law. An un- when c1ad In armor from one another.
lawful l1gret-'ment am ong several pers ons not Wharton.
to dl) a thing excf'pt on some condiLions
COCKBILL. To place the yards of a
agreed upo n ; particularly. ind ustrial com­
ship at an ang le with tile deck. Pub. St.
bi nations , strikes. etc. ; a conspiracy .
Mass. 1882, p. 1288.

CO-ASSIGNEE. ODe of two or more COCKET. In English law. A seal belong­

assignees of the same s u bject-matter . ing to the custo m -ho use. or rath er a scroll of
parc hme n t. sealed and delivered by the offi­
COAST. The edge or margin of a coun­
cers of the custom·house to merchan ts, as a
try bound ing on the sea. It is held that the
warrant that their merchandises are entered;
term inci udes small islands and reefs natu­
likewise a sort of measure. Fleta, lib. 2. c.
rally connected with the adjacent land, and
Ix.
risi ng above the surface of the water. al­
though their composition may not be suffi­ COCKPIT. A name which used to be
Cien tly firm and stable to adlDit of their be­ given to the j ud icial committee of the privy D
tng inhabited or fortified; but not shoals council, the council-room being built on the
whicb are perpetually covered by the water4 old cockpit of 'Vllileball Place.
5 C. Hob. Adill. 3850.
COCKSETUS. A boa tman ; a cocks wain.
This word is particularly appropriate to
the edge of the sea, while "shore" may be
Cowell. E
used of the margi ns of inland waters. CODE. A collection or co mpe ndium of
laws . A. complete fIoystem of positive law,
COAST-GUARD. In E n gli sh law. A SCientifically arranged, and prom u lgated by
body of offi cers and men raised and equipped legislative auth ority.
by the commissioners of the admiralty for The colle�tion of la ws and constitutions
F
the defense of the coasts of the reHlm, an d mad� by order of the Emperor Justinian is
for the more ready m anni ng of the navy i n d ist.in guished by the appellation of "Tbe
case at war or sudden emergency, as weH as Code, " by way of eminence. See CODE OF
tot' the protection of the revenue aga inst JUSTINIAN. G
8mugglers. Mozley & W · hitley. A body of law established by tbe legislative BU·
thority, and intended to set fortb, in generalized
COASTING TRADE. In maritime law. and systematic form, the principles of the eotire
Commerce and navigatio n between different law, whether written or unwritten, positive or cus­
places along the coast of the United State s, tomary, derived from enactment or from prece- H
dent. Abbott.
as distinguished fro m commerce with ports
t n foreign cou ntries . A code is to be disti nguished from a digest.
Commercial intercourse carried on between The subject-matter of the latter is usually re.­
different districts in different states , diffe.rent ported decisions of th e courts. But there al"e
districts in the same state, or different places R1so digests of statu tes. These consist of an or­ I
1n the same district, on the sea-coast or on a derly collection and classification of tb e exist­
navigalJle river. SCow. 713; 1 Newb. Adm. ing statutes of a state or nation, while a code
241. is promulgated as one new law covering the
whole field of jurisprudence.
COASTWISE. Vessels "plying coast­ J
wise" are those which are engaged in the CODE CIVIL. Tb. code which embodies
domestic trade, or plying between port and the civil law of Fra nce. Framed in the first
port in the United StaLes, as co ntradistin.. instance by a commission of j u rists appointed
guished from those engaged in the foreign in 1800. This code. after bavi ng passed both
irade, or plying between a port of the United th e tribunate and lhe legislati ve body. was K
�tates and a port of a foreign cou ntry. 10 promulgated in 1804 ns the " Code Civil d�a
Cal. 504- FranQais.·' When Napoleon became em�
peror, t he name was cllauged to that of II Code
COAT ARMOR. Herald ic ensigns, In­
troduced by Uichard I. from the Holy Land,
Napoleon, " by which it is still oCten d cs ig-
nated, though it is no w officially styled by
l
wbere they wero first invented. Origin a.lly
its original name of U Code Civil."
they were painted on the shields of the Chris­
tian kn igbts who went to Lhe Holy Land CODE DE COMMERCE. A French
d uri ng the crusades. for the purpose of iden­ code, enacted in 1807, as a s up plement to the M
tifying them, some such contrivance being Code Napoleon, regulatin g commercial trans­
necessary in order to d isting uish knights actions , th� la WIi of b us i ness . baukruptcies,
 CODE DE PROCEDUIm CIVIL 216 COERCION

and the jurisdiction and procedure of the CODEX THEODOSIANUS. A. code

('ourts dea.ling with these subjects. compiled by tbe emperor Tbeodosiu! the
younger, A. D. 438, being a methodical 001.
CODE DE PRocEDURE CIVIL. Tlmt
lection, i n sixteen books, of ali the imperial
part of the Code Napoleon which regulates
constitutions then i n force. It was the only
the system of courts, their organizatioD, cidl
body of civil law publicly received as authen.
procedure, special and extraordinary rem·
tic in the western part of Europe till the
edies. and the execution of judgments.
twelfth century, the use and authority of the
CODE D'INSTRUCTION CRIMI· Code of Justinian being during that interval
NELLE. A French coda, enacted in 1808, confined to the E ast. 1 B1. Com m. 81.
regulating criminal procedure.
CODEX VETUS. The old code. The
CODE NAPOLEON. Se. CoDE C,VIL. first edWon of the Code of Justinian; now
lost. Mackeld. Rom. La \V, § 70.
CODE OF JUSTINIAN. The Code of
Justinian (Code:v Justinianeus) was a col· CODICIL A testamentary disposition
lection of i mperial constitutions, compiled, by suhseq uen t to 8 will, and by Which the will
ordel' of that emperor, by 8 commission of is allered, explained, added to, subtracted
ten jurists. including Tribonian, and pro· from, or conlirmed by way ot repuulication,
mulg:\ted A. D. 529. It comprised twelve but jn no case totally revoked. 2 Woodd.
lJooks, ;:Illd was the first of the four com­ Lect. 284.
pilations of law which make up the Corpus A codicil il!l a n addition or supplement to
'
Jul'is Oivilis. 8 will. either to add to, take from, or alter
the provisions of the wi ll. It must be exe­
This namB is often met i n a connection in­
cuted ,,,, ith the same formality as a will. and,
dicating that the entire C01P1tS Juris Oivilis
Is int\�nded. or, sometimes. the Digest; but when admitted to probate, forms a part of

its uso should be confined to tbe Codez. the will. Co lle Ga. 1H82, § 2404.

CODICILLUS. In the Roman law. A

CODE PENAL. Tbe penal or criminal
codicil; an informal aud inferior kind of will.
coele of France, enacted i n 1810.
in use aUlong tbe HomanL
CODEX. Lat. A code or collection at
CODIFICATION. 'rhe process of col·
laws; par�iclilarJy tbe Code of Justi nian.
lecting and arranging the laws of a country
A.lso a roll or volume. and a book written on
o r state into a code, i. ,., into a complete
paper or parchm ent.
system of positive law, scieutillcally ordered.
CODEX GREGORIANUS. A coll.e­ anll. promulgated by legislative authority.
tiOD of itnperiul constitutions made by Gr�
COEMPTIO. Mutual purchase. Ooe ot
gorills. a Roman j urist of the fifth century,
the modes i n which marriage was contracted
about the middle of the century. It contained
among the Homans. Tht! man and the wuman
�he constitutions from Hadrian down to Call·
deliven:d to each other a small piece of mon­
stantine. Mackeld. ROlO. Law, § 63.
ey. The man asked the woman whether she
CODEX HERMOGENIANUS. .A. col· would become to him a mat;;1'familias, (mis­
lettioD of imperial constitutions made by tress of his family,) to which she replied that
Hermogenes. a j urist of the fifth century. It she would. In her turn she lIsked the man
W3tJ nothing more than a supplement to the whet.ller he would uecotnEl to hel" a paterfa­
Codex Grego rianus. (supra,) containing tile milias, (master of a family.) On his reply..
constitutions of DiocleLian and Maxi milian. ing in the affirmative, she delivered her piece
Mackeld. How. Law, § 63. of rooney and herself into his hands. and .0
became his wife. Adams, Rom. Ant. 50L
CODEX JUSTINIANEUS. A colle<>­
Lion of imperial constitutions, made \)y a com­ CO·EMPTION. The act of purchasing
mission of ten persons appointeil by Justin­ the w hole quantity of any commodity_ Whar.
ian, .A.. D. 528. tOil.

CODEX REPETITlE PRlELECTIO. COERCION. Compulslonj force ; duress.

NIS. The new code of .Ju sti nian j or the It may be either actuaZ, (direct or positive,)
uew edition of tbe first or old code, promul. where physical force is put upon a man to
gated A. D. 534, being tbe one now extant. compel him to do an act against hie will, or
Mackelu. Hom. Law, § 7H. Tayl. Civil Law, implied, (legal or constructive.) wbere the
22. relatJon of the parti& Ul IIUch that one i.B un-
 CO-EXECUTOR 217 COGNIZANCE

dp.r subjection to the other. and is thereby COGNITIONES. Ensigns and arms, or
conslrained to do what his free will would a military coat painted with arms. Mat. Par.
refuse. 1250.
CO-EXECUTOR. Ono who is a joint COGNITIONIBUS MITTENDIS. In
executor with one or more oLhers. E nglish law. A writ to a j us tice of the com­
mon pleas. or oiher. who has power to take
COFFEE -HOUSE. .A. h O l l se of enter­ a fine, wllo, havi ng taken the l in e, defers to
tainment where g uests are supplied with cor. certify it. commanding him to certify it.
fee and other refreshnwnts, and sometimes Now abolished. Reg. Orig. 68.
with lodgi ng. Century Diet. A coffee-bollse
ls not ltD in n. 4 Camp. 76. C O GNITIONIS CAUSlE. In Scotch
p racti ce. .A name given to a judgment or de­
COFFERER OF THE QUEEN'S cree pronounced by a court, ascertaining the
HOUSEHOLD. In English law. .A. prin­ am ou nt of a debt against the estate of a de�
cipal atTIcer of the royal establishment. n ext ceased lamlt'd propridor. on cause shown, or 0
uIl!lcr the controller, who, in t.he counting­ after a due in vestigation. Bell.
houseand elsewhere, bad a specia.l charge and
oversight of the ot.her officers. whose wages COGNITOR. In the Roman law. An ad­
vocate or defender i n a pri vate cause; one
he paid .

E
w h o defended the cause of a p(>Ofson w ho
COgitationis pamam nemo patitur. No, was present. Calvin. Lex. Judd.
one Is punisbed for his thoughts. Dig. 48.
19, 18. CO GNIZA.NCE. In old practice. That
part o f a fine in whicll thedetendant acknowlw
COGNATES. (Lat. cognati.) Relations
right
F
edged that the Jand in question was the
by the motbel" s side. or by females. Mac­
of tlie complainant . From this the fine it­
keld. Hom. Law, � 144. A. common term
selt' derived its name, as bei ng sur cognizance
In 8cotch luw. Ersk. lnst. 1. 7. 4.
de droit, etc a.nd the
.• parties their titles of

COGNATI. Lat. In tbe civil law. Cog­

cogn izor and cognizee.
nates relations by the mother's side. 2 Dl. In modern practice. Judicial notice or G
Comm. 235. Relations in the U n e of the knowledge ; the j udicial hearing of a cause ;
mother. Hale. Com. Law, c. xl. Helat.ions jurisdiction. or right t.o try ami d eterm in e
by or through females . causes; aCknowledgment; confession; recog.
nition.
COGNATIO. Lat. In the civil law. Of pleas. JurisLliction at causes. A H
CognlLt ion. Relationship. Ol' kindred gener­ privilege granted by the king to a <:ity or
Rlly. Dig. 38, 10, 4, 2; In't. 3, 6, pro town to hold pleas within the saroe.
Helationsbip through fe m ales. as distin­
Claim of cognizance {or of conusance}
guished from a,gnatio, or relationship
is an in tervention by a thi rd person, de­
through males. Agnatio a patTe sit. cOflna­ manding jlldi cature in the cause against the
tio a matre. lost. 3. 5, 4. See AONATIO. plai n tiff, who has chosen to commence his
In canon law. Consang uinit.y. as distin­ action out of claimant's court. 2 'Viis. 409;
gUloheti from affi nity . 4 Reeve, Eng. Law, 2 B1. Com lll . 350. noto.
5&-58.
Consllnguinity. as including affin ity . rd.
In pleading. A species of answer in the J
action of replevin, by which the defendant
acknowledges the taking of tile goods which
COGNATION. In the civil law. Signi­
are the subject-matter of the action. tlnd also

K
nlfies generally the k i ndreu which exists be­
tween two persons who arc united by tics of
that be h as no title to tbem, but j usti lies the
taking on the ground that it. was done by
blood or famUy. or both.
the command of one who was entitled to the
COGNATUS. Lat. In tho civil law. A property.
relation by the mothf'r's side; a cognate. In the process of levying a fine. it is an
A relation . or kinsman, generally. acknowledgment by the deforciant that the L
lands in question belong to the complainant.
COGNITIO. In old English law. The In the language of Am erican ju rispru­
Icknowledgment of a fine; the certificate of dence, this word is used chiefly in the sense

M
such acknowledgment. of jurisdiction, or the exercise of jurisdic-
I n the Roman law. The j udicial exam­ tion; the j udicial examinaLion of a matt6r,
loatioD or hellring at a cause. or power and authority to milke it.
 COGNIZANCE 218 COLD WATEU OUDEAL

Judicial cognizance is judicial notice. or CO-HEIR. One of several to whom alii

know ledge upon which a judge is bound to inheritance descends.
Bct without hav ing it proved in evidence.
CO· HEIRESS. A joint heir.... A woo
COGNIZEE. The party to whom a flne man who has an equal sh are of au inherit­
was levied. 2 Bl. Comm. 35!. ance with another woman.

COGNIZOR. In old conveyancing. The COHUAGIUM. A tribute made by those

party levying a fin.. 2 Bl. Comm. 350, 351. who meeL promiscuously i u a marh:et or fair.
Du Cauge.
C O G N O M E N. In Roman law. A
man's family name. The first name (p1'a­ COIF. A title given to serjeants at law.
nomen) was the proper name of the indi­ who are called Userjeants of the coif. " from

vidual; the second (nomen) indicated the the coif they wear on their heads. The use
genii or tribe to which he uelon ged j while the of this coif at first W<1S to cover the clerical
third (coJlnomen) denoted his family or tonsure, many of the practising serjeants be­
ho use. ing Clergymen who had abandoned their pro­
fession. It was a thin linen cover, gathered
In English la.w. .A. surname. A nnme
together in the form of a skull or helmet;
added to the nomen pro per, or name of the
the material being afterwards changed into
1ndividual; a name descriptive of the fam­
white silk, and the form eventually into the
ily.
black patch at the top of the forensic wig.
Cognomen majorum est ex sanguine which is now the distinguishing mark of the
tractum. hoc intrinsecum est ; agnomen degree of serjeant at law. (Cowell; Foss,
extl'insecum ab eventu. 6 Col,8, 65. The Judg. ; 3 Stepb. Comm. 272, note.) Brown.
cognomen is derived from the blood of an_
cestors. and is intrinsic; an agnomen arises COIN, tI. To fasbion pieces of metal
from an event. and is extrinsic. into a prescribed shape, weight. and degree
of fineness, and stamp them with prescribed
C O G N O V I T ACTIONEM. (H. bas
devices. by autllority of govern ment, in or�
con fessed the action . ) A deft>nclant's writ­ der tbat they may circulnteas money. See 2
ten confe::ssion of an action brought against Duy. 29; 22 Ind. 306; 25 How. Pr. IDS.
him, to which be has no available derense.
1L is usually upon condition that he shall be COIN, n. Pieces of gold . silver. or other
allowed a certai n time for the payment of metal, fnshioned into a prescri bed Shape .
the debt or damages, ancl costs. It is sup­ weight. and dpgree of fineness, and stamped,
pos�d to be given in court, and it impliedly by authority of government, with certaiD
authorizes the ph\intiff's attorney to sign marks and devices, and p ut into circulation
judg m ent and issue execution. as money at a fixed value.
Strictly speaking, coin differs from money, as
COHABIT. To live together as husband
tb e species differs from the genus. Money is an,.
and wife ; to live together at bed and board. matter, whether meta.l, paper, beads, shells, eto.,
Burrows, Sett. Cas. 26. which has ourrency as a medium In commerce.

To live together. as In the same house. CoiD is a particular species, always made of metal,
and struck a.ccording to a certain process called
"That bis sisters. the Lady Tu rner and
II coinage. n Wharton.
Arabella Cl erk, might cohabit in tbe capital
house." 2 Vern . 323. COINAGE. The process or the functlon
of coi ni ng metallic money; a190 the great
COHABITATION. Llvlng togetb.r; Hv.
mass of metallic money in Circulation.
Jng together as husband and wife.
Cohabitation means badng the same habitation, COJUDICES. Lat. In old English law.
not a sojourn, a habit of visit.ing or rema.ining Associate judges bavlng equality of power
for 0. time; there m'.1st be something more tha.n
with others .
merc meretricious iutercourse. 75 Pa. St. 201.

COLD WATER ORDEAL. The t rial

Cohooredes una persona oensentur,
which WRS anciently used
for the commOD
propter unitatem juris quod habent. Co.
sort of people, who. having a cord tied about
Litt. 163. Co-heirs are deemed as one per­
them uncleI' their arms, were cast into a river;
son, on account of the unity of right whic h
if they sauk to the hottom untU they were
they posse...
drawn up, wh ich was in a very short time,
COHERES. In old EngU.b law. A co­ then were they held guiltless; but such 815
beir, or joint heir. did remain upon the water were held cnl�
 COLIBEHTUS 219 COLLATERAL WARRANTY

vahle, be i ng. as they said. of the water r&­cree is an attem pt made to destroy or evade
jected and kept up. Wharton. its effect as an estoppel. by reopeni ng the
merits of the ca li s e or by showing reasons
ClOLIBERTUS. In feu dal law. One
why the judgment sh o uld not bave been ren­
who, botding in free 8ocage, was oblige.d to
dered or should not bave a conclusive effect.
do cert."in services for the lord. A middle 10 a collateral proceedm g. i. e., in any acti�a
class of tenants between servile and fr ee, other than that i n which the judgment was
who held their freedom of tenure on con­ rendered; for, if this be done upon appeal,
di tion of performing certai n services. Said error, 01' certiorari, the im peachmelLt is di­
to be the same as the conaitionale8. Cowell.
rect.

COLLATERAL. By the oide; at tbe C O L L A T E R A L INHERITANCE

lide; attached upon the side . Not lineal, TAX. A tax levied upon the collateral de,r_
but upon a par allel or diverging li ne . Ad­ olution of property by will or under the in­
ditional or auxiliary : supplementary; co-op­ teitate law.
D
erati ng.
COLLATERAL ISSUE. In practice.
COLLATERAL ACT. In old pra ct i ce. An issue tak en upon matt�r aside f rom the
The name "collateral act." was given to a ny intrinsic merits of the action, as upon a plea
act ( except the paymen t of money) for the in abatem en t ; or cu.'ide from the direct and
performance of which a bond. recog nizance.
etc., was given as security.
regular order of the pleadings, as on a de- E
murl'er. 2 Archb. Pro K. B. 1. 6, bk. 2, pts.
COLLATERAL ANCESTORS A 1, 2 .
phrase sometimes used to des i gna t e uncles The term "collateral" is alsoa pplied i n Eng­
lan d to an issue raised upon a plea of di v er­
has F
and aunts, and other collateral antecessors,
who are not strictly ancestors. 3 Darb. eh. sity of pers on , plead ed by a cri m i nal who
43B. 446. been tried and convicted, in bar of exec uti on ,
viz., t hat he is not the same per!;on wbo was
COLLATERAL A.SSURANCE. Tbat at tainted. and the like . 4 Bl. Comm. 396.
which is made over and above the principal
assurance or deed itself. COLLATERAL KINSMEN. Thos . G
who d esce n d from one and the same common
COLLATERAL CONSANGUINITY.
am.' estor . but not from one another.
That relationship which subsists he twee n per..
Ions who have the snme ancestors bu t not the COLLATERAL LIMITATION. O ne
same descendants, who do not descend ODe which gives an interest in an estate for a H
lrom tbe other. 2 BI. Comm. 203. 8pec ified period, but makes the rig ht of en­
L'lneat consanguinity beiug usually represented joymeut to depe nd on some collateral event.
by a perpeudicular or 1'1.aht Hne, (linea recta,) in as an estat e to A. till B. shall go to Home.
wblch tbe kiudred are ranked relatively, one above

or below the other, as father, son, grandson, cot­
loterat consanguinity is properly denoted by one
or more transverse lines, crossingthis, or proceed­
ing obUquely from it on the side (a l.atcre) upon
"hlcb tbe kindred are ranked in their order.
Burrill.
COLLATERAL DESCENT. D escent in
a collat eral or Obliq ue line. t. e •• up through
the common ancestor and then down from
bim; descent to colJaterals.
COLLATERAL ESTOPPEL. The col­
lAteral determination of a question by a court S. ) 423.
bavlng general j u risdiction of the subject.
S.. 26 vt. 209.
COLLATERAL FACTS. Sucb a.
are
outside the controversy. or are not di rectly
connected with the prinCipal matter or issne
1n dispute.
I
Park, Dower, 163; 4 Kent. Comm. 128.
COLLATERAL SECURITY. A s ec u­
rity given in add ition to the direct security,
and subordinate to it, intended to guaranty
J
its validity or convertibility or insure its per�
form ance ; 80 that, if the direct secu ri ty fails,
the creditor may fall back upon the collateral
security.
Collateral security, i n bank ph raseology,
meallS some secu rity additional to the person� K
al obligation of the borrower. 2 Abu. (U.
C O L L A T E R AL UNDERTAKING.
" Collateral" and " original " have become the L
tech nic" l terms whereby to distin guish prom­
ises that are within, aud such as are not
within, the statute of frauds. 7 Har. & J.
391.

COLLATERAL IMPEACHMENT. A COLLATERAL WARRANTY. in old M

IOllateral impeachment of a jUdgment or de- can veyancing. was where the heir's title to
 COLLATERALIS ET SOCII 220 OOLLEGB

the land noither was nor could have been de­
rived from the warranting ancestor.
where a younger brother released to his
father's disseisor, with warranty. this was
collateral Lo t.he elder brot.her. The whole
doctrine of collateral warranty aeems repug·
nant to plain and u nsophistjcated rengon and
justicei anLi even Us technical grounds areso
obscure that the ablest legc:t.l writers are not
agree!l upon the subject. Wharton.
COLLATERALIS E T SOCII. The an­
cient title of masters ill chancery.
COLLATIO BONORUM. A joining
together or contribution of goods into a com­
mon fund. This occurs where a portion of
money, advanced by tbe father to a SOil or
daughter, is brought into hotchpot, i n Ol'dt'f
to have an equal distriu utory share of his per­
sonal estate at his death. See CoLLATION.
COLLATIO SIGNORUM. In old En­
glish law. A comparison of marks or seals.
A mode of testing the genuineness of a seal,
by comparing it with another known to be
genuine. Adams. See Bract. fol. 389b.
COLLATION. In the civil law.
collation of goods is the 811pposetl or real re­
turn 1..0 the mass of the succession which an
heir makes of property which he received in
ad vance of his share or otherwise, in order
that such property may ue divided together
with the other effects of the succession.
Code La. art. 1227.
The term is sDmetimes usp,d also in com­
mon-law j urisdictions i n the sense given
above. It is synonymous with j' llOtchpot. "
In praotioo. 'l'he comparisoll of a copy
for the admission at a clerk in the place ot
Thus another presented by the crown. whore then
had been a demise of the crown during a
suit; for judgment once passed for the king'.
clerk, and he dying before admittance. the
king may bestow his presentation on another.
Reg. Orig. 31.
COLLATIONE HEREMITAGII. In
old English law, .A. writ whereby the king
conferred the keeping of an hermitage upon
a clerk. Reg. Orig. 303. 308.
COLLECT. To gathflr t<Jgether; to bring
scattered things (assets, accounts, articles of
property ) into one mass ur fund.
To collect a debt or claim is to obtain pay­
ment or liquidation of it. either by personal
solicitalion or legal proceedings.
COLLECTOR. ODe authorized. to r.,.
ceive taxes or other i mpOSitions; as "collect­
or of taxes. " A person appOinted by a pri­
vate perso n to collect the credits due him.
COLLECTOR OF DECEDENT'S ES­
TATE. A person temporarily appOinted by
the probate cou rt to collect rents, assets. in­
terest, bills receivable, etc .• of B. decedent's
The
estate, and act for the estate in all financial
matters rcqlliring immetliate settlement.
Such conector is usually appointed When
there is protracted litigation as to the probate
of the will, or as to the person to take out
mlministrdtion, and his duties cease as soon
Civil
as an executor or administrator is qualified.
COLLECTOR OF THE CUSTOMS.
An officer of the United States, appointed for
the term of four years. Act May 15, 1820,
§ I ; 3 Story, U. S. Laws, 1790.

with its original to ascertain its correClne,i$; COLLEGA. In the civil law_ One in­
or the report of the officer who made 1,11e vested with jOint 8utbority. A COlleague;
I!omparison. an associate.

COLLATION OF SEALS. When upon COLLEGATARIUS. Lat. In the civil

the same label one seal was ..set on the back law. A CO-legatee. Inst. 2. 20. 8.
or l'everse of the other. 1Vharton.
COLLEGATORY. A CO-legatee ; • per.
COLLATION TO A BENEFICE. In son who bas a IE'gacy left to h i m i n common
ecclesiastical law. '£his occurs where the with other persons.
bishop and patron are one and the same per­
COLLEGE. An organized assembly or
son, in which case the bishop cannot present
collection of persons. established by law, and
the clergyman to himself. but does. by the
empowered to co-operate for the perform­
one act of collation or conferring the lJene­
ance of some special function or tor the pr�
fice. the whole that is done in common cases
mol ion of Bome common object. which may
both by presentation ana institution. 2 Bi.
be educational, political, ecclesiaatical. or
Comm. 22.
scientific i n its character.
COLLATIONE FACT A UNI POST The assemblage of the cardinals at Rome
MORTEM ALTERIUS. A writ directed is called a j'college. II So. in the Un ited StattlS,
to j u stices of tlIe common pleas, command­ the botly of presidential electors ia called the
ing them to issue tlIeir writ to the bishop, II electoral cOllege. "
 COLLEGE 221 COLLUSION

In the most common use of the word, it COLLIGENDUM BONA DEFUNCTI.

designates an in stitution of Ie'lrn ing ( u sually See AD CoLLlGENDUM, etc.
incorporated) wh ich offer::} instruotion in the
COLLISION. In mari ti me law. The
liberal arts and humanities and in scientil1c
act of ships or vessels strikin g together.
branches. but not in tbe technical arts or
In its strict sense, collision mean! the im­
thuse studies preparatory to admission to the
pact of two vessels both moving. and is dis­
profe!sions.
tinguished from allision. which d esignates
In En gland . It is a civil corporation . com­
the striking of a moving vessel aga inst one
pany or SOclety of men, bav ing certai n pri v ­

that is stationary. But collision i� used in a

ilege!. and endowed with certain revenues,
broad sense, to include allision, and perhap�
founded by royal license. An assem blage of
other sp ecies of e ncoun ters belween ves sels.
8everal of these colleges is called a " uni ver·
The term is n ot inapplicable to cases where n.
lity." ·Wh arton .
stationary vessel is struck by one under way,

0
COLLEGIA. In tbe civil law. Tbe strictly termed " allision ; " or where one vessel is
brought into contut;t with another by swinging at
guild of R trad e.
anchor. And even a.n injury received by a vessel
COLLEGIALITER. t
In a cor pora e ca· at her moorings, in consequence of being violently
rubbed or pressed against by a second vessel lying
paci·.y. 2 Kent, Ccmm. 296.
along-side of bel', in consequence of a colli sion
COLLEGIATE CHURCH. In English against such second vessel by II third ono under
way, may be compensated for, under the general
ecclesiastical Jaw. A chul'ch b uil t and en­
bead of "collision, " us well as an injury wbich is E
dowed for a soci ety or body COl po rata of a the direct result of a "blow, n properly so called.
(lean or othel' p resi den t, amI seculal' priests, Abb. Adm. 78.
as canons or prelJ end aries in th e said church;
'lich c
as the chur hes of Westmi nster, 'Vied-
COLLISTRIGIUM. Tbe plllof7.

80r, and olhers. Co well. C O L L I T I G A N T. O ne who litigates F

C O L I. E G I U M. In the civil law. A. with another.

word b avi ng various m eani ngs ; e. .q., an as· COLIJOBIUM. A hood or coverin g for
sembly . SOCiety, or company; a body of bish­ the sho u lde rs , form erly worn by serjeants al
ops; an army ; a cl ass of men. nut the law. G
princi pal idp(\ of the word was thnt of an as­
soci ation of i nd i viduals of the same rank and COLLOCATION. In French law. Th.
sLation, or u nited for the pursuit of some arrangement or marshal i n g of the c l'pd itors

business or en terprise. of an estate in the order i n w hi cb they are

i
to be paid accord ng to law. Merl. Hepert. H
C O L L E G I U M AMMlRALITATIS.
The col lege or society of the adm iralty . COLLOQUIUM. One of the usual parts
of the dec1aration in an action for slander.
Collegium est societas plurium cor­
It is a ge ne ral avcrment that the words com­
Jenk . Cent.
spoken lIof and concerning I
porum simul habitan tium.
plained of were
229. A collfge i'! a society of several persons
the plaintiff," or con cern ing the extrinsic
dwelli n g t ogether.
m atters al1( 'ged in the inducement, and its
COLLEGIUM ILLICITUM. One office is to con nect t.he whole pub l ication w ith
which abused Ita right. or a5sembled for any the prPovious statement.
other purpose thall that expre�sed in its An aver ment that the words in q uestion
J
cbar ter. are spok en of or concerni ng some usage. re­
COLLEGIUM LICITUM. An assem· port. or fact which gives to words othe r wise
blage or SOCiety of men united fo r some Ilse­ indifl'erent the peculiar defamatory mean i ng
ful purpose or business, with power to act as s i gn ed to them. 16 Pick. 6. K
like a single individual. 2 Kent, Camm. 269.
COLLUSION. .A. dece itfu l agreement or
COLLIERY. T his term is su fficiently compact between two or more persons, for
wide to include all contig uo u s and con nected the one party to bring an action against the
veins and seums of coal which are worked as other for some evil pu rpose, as to defraud a L
one coucern. without regard to the cJoses or th i rd party ot his right. Cowell.
(liecea of ground un der which they a re car· t
A secre arrangement between two or
rted, and apparcntly also the tm gi nes and more per so na . whose interests are apparently
machinery in such con tigu ous ami connected conflicting, to make use of. the forms and
veins. Maciiwin. Mines, 25. See 58 Pa. proceedings 01 jaw in order to defra.u d aM
SL 85. third perso n , or to obtain tbat wh ich j ustice
 COLLUSION 222 COLOR OF TITLE

wouhl not give them, by decei vin g a court or assumed exterior. concealing a lack of reat.
its officers. ity ; a disguise or pretext.
In divorce proceedings, collusion 1s an In pleading. Ground of actIon admi tted
agreement between husband and wife that to subsist in the opposite party by the plead­
one of them shall commit, or appear to have ing of one of the parties to�an acLion, Which
committed. or be represented in court as is so Bet out 8S to be apparently valid. but
b avi ng tornmitted. acts constituting a c.:ause which is in reality legally insufficient.
of di v orce. for the purpose of e nablin g the This was a ter m of the ancient rhetori.
other to obtain a divorce. Civil Code Cal. cians. and early adopted into the language of
§ 114. But it also means eonni vance or con­ pleading. It apparent or prima
was an
spiracy in initiating or prosecuting the suit, facie right; and the meaning of the rule that
as whl'1'e there is a com pact for mut ual aid pleadjngs in con fessi o n and avoidance should
in carrying it throug h to a deel'ee. give color was that they shoulli confess the
matter adversely alleged, to 8uch an extent,
COLLYBISTA. In the civil law. A at least, as t.o admit some apparent right in
money-changer ; a de ale r in m oney.
the op posi te party. which rE'quired to b e en·

C O L L Y B U M. In tbe civil law. Ex. c ou ntered amI avoided by the allegation of

c lll1 n ge. new matter. Color was either express, i. e.,
inserted in the ple adi ng. or implied, which
COLNE. In Saxon and old English law. was natu rally inherent in the structure of
.An account or calculation. the pl eadin g. Steph. PI. 233.
The word also means the dark color of the
COLONIAL LAWS. In America. this
skin sh ow in g the presence of negro blood;
term designates the body of law in force i n
and hence it is equivalent to Afric an descent
the th irteen original colonies before the Dec·
or parent<lge.
lar at.i on of 1 ndependence. In England. th e
t.erm signifit's the laws enacted by Canada
COLOR OF OFFICE. An Ret nnju stl y
and the other pres ent British colonies.
done by the countenance of an office. being
COLONIAr� OFFICE. In the Englisb gro u nd ed upon corrl1ption, to which theofHce

government, this is the department of state is as a shadow and color. Plow. 64.
thro u gh which the sovereign app o in t s colo� A claim or assumption of right to do an

nial gov ern or s. etc., an d communicates act by vi r tue of an office, made by a perRon

with them. U n t il the year 1854, the secre· who is legally desti tute of any such righ t.

tary for the colonies was also secretary for The phrase implies, we think, some official power
vested in the actor.-be must be at least officer de
war.
facto. We do not understand tha.t an nct of a
COLONUS. In old Europ£>an law. A mere pretender to an office, or false personator of
an officer, is said to be done by color of office, And
husba ndman ; an inferior tenant e m ployed in
it implies an illegal claim of authority, by virtue
cult ivati ng the I O I'd's �and. A term of l�()­ of the office. to do the act or thing in question. 2S
man origin. corresponding with the Saxon Wend. 606.
ceorl. 1 Spence. Cb. 51.
COLOR OF TITLE. The appearance.
COLONY. A depend ent politic al com· sem blance. or simulacrum of title. Any fact,
mun ity, consisting of a number of citizens of extraneOllS to the act or mere will of the
the same country who have em igrated there. claim an t, which has the appearance. on its
from to people another, and remain sub ject face, of s upporting his claim of a presen t ti·
La the mothel'·country. 3 Wash. C. C. 287. tIe to land, but which, fot" some defect. in
.A settlement. in a fore i g n country pos­ reality falls short of establishing it.
sessed and cultivated, either wholly or par­ "Color of title is anything in writing purport.­
tially, by i mm igrants anrl their descendants, ing to convey title to the land, which defines the­
e:!ttent of the claim, it being immaterial how ds­
who have a pOlitical con ne ction with and
fective or imperfect the writing may be, 80 that ii
subordination to the mother-country, whence
is a sign, semblance, or color of title. " 10 Ga. 809.
th ey emigrated . In other words. it is a place Color of title is that which the law considera
peopled from some more ancient city or coun­ prtmajac'!e a good title, but which, by reason of
try. Wharton. some defect, Dot appearing on its face, does not
in fact amount to title. An nbolute nullity, 88 •

COLOR. An appearance, semblance. or void deed, judgment, eto., wW not constitute color
of tiUe. SB Cal. 668.
8imul(JC'N.I,m, as distinguished [rom that which
"A.ny instrument having a grantor and grantee,
is real. A prima facie or apparent right. and containing So description of the lands intended
Hence, a decep ti ve appearan ce; a plausible, t.u be oollveyea.. and apt warda for t.heir CODve1'
 COLOH OF TITLE 223 COMITA TUS

ance, gi ves color of title to the lands des cribed. A nnlon of d i fferent elements. A patent
Sucb 80 Instrument purports to be Ii con veyance may be taken out for a new combination of
of the title, and because It does not, tor some retr
exist.i ng machines. 2 Mason. 112.
100, have that effect., it passes only color or the
I8mblaooe of a. title. "
85 Ill. 392.
COMBUSTIO. Burning.
n Is not synonymous with "clnim of title. " To
\be former, a paper title Is roquis ite; but the latter In ol d English law. Tbe punishment in­
may exist wholly in parol. 80 Iowa. 480. flicted upon apostates.

COLORABLE. That which has or gi ve. COMBUSTIO DOMORUM. Hou....

color. Tbat which is i n appearan ce only, burning j arson. 4 Dl. Comm . 272.
and not in reality. what it purports to be.
COMBUSTIO PECUNIlE. B urn i ng ot
COLORABLE ALTERATION. One money; the ancient method of testing mixed
which makes no real or subst.1ntial change, and corrupt money, paid into the exchequer,
.
but is in trod n ced only as a subter f uge or by melting it down.
meansot eVading the patent or copyrig ht law.
COME. To present oneseltj to appear in D
COLORABLE IMITATION. In t he court. In modern pr actice, though B uch
law of trade-marks , this phrase denoLes slich presence may be constructive only. the word
a close or ingenious imi tation as to be calcu· is still used to indicate pa rti cip at ion in
laled to decei v e ordinary persons. the proceedings. Thus, a plead i n g may be·

COLORABLE PLEADING. T he prnc­

gin, "Now comes the derellditnt, It etc. In E
case of a default. the technical langllage of
�ice of giving color i n pleading.
the record is that the party "comes not. but
COLORE OFFICII. By color of office. makes default. "

"COLORED MAN." There is no legal,

technical Signification i n this phrase which
COMES, t). A word used In a plead ing to
indicate the defendant's presence in court.
F
the courts are bo u nd j udicially to know. 81 See COME.
Tex. 74.
COMES, n. Lat. A follower or attend·
COLORED PERSON.
rican descent or negro blood.
A person of Af­ ant; a count or earl.
G
COMES AND DEFENDS. This phrase,
COLPICES. You ng poles. which, bei ng anciently used In the language of plead ing, and
cut down, are made levers or lifters . B lount. still surviving i n eOlll 6 jurisdictions. occure

H
at the comme ncement of a d efend ant's plea
COLPINDACH. In old Scotch law. A
or dem u rrer ; and of its two verbs t he form er
young beast or cow, of the age of one or two
si gn ifies that he appears in court, the latter
years ; in later Limes called a " cow das h."
that he defends the adion.
COLT. An animal of the horse spf>cies,
COMINUS. Lat. Immediately; hand-
whether male
;l ear8 old.
01' female. not more than four
Russ. & H. 416.
to-hand ; in personal contact. I
COMITAS. Lat. Comity, courtesy, civil­
COMBARONES. In old English law.
ity. Oomitas inter communitatea,' or comi-­
Fellow-barons; fellow-citizens. The citizens
tas inter gentes; comity between com muni ..
or freemen of the Cinque Ports being an­
ciently called .1 barolls;" the term "comba1'on­
ties or natio ns; com ity of nations. 2 Kent, J
Comm. 457.
ea" is used in this s ense in a grant of Henry
III. to the barons of the port of Fevl'es bam. COMITATU COMMISSO. .A. writ or
Cowell. comm issio n. w h ar eby a sheriff is authorized

COMBAT. A forcible encounter between

to euter upon the charges of a county. Reg. K
O rlg. 295.
two or more persons ; a battle; a d uel . Trial
by battel. COMITATU ET CASTRO COMMIS­
SO. A writ by which Lh e ch arge of a county,
COMBATERRlE. .A. val ley or piece ot
low ground between two hills. Kennett,
together with the keeping of n caf;tie, is COlI.
mitted to the 8beriff.
L
Gloss.
COMITATUS. In old English law. .A.
COMBE. A small or narrow val ley.
county or shire; the body of a county. The
COMBINATION. A conspiracy, or con­
federation of men for unlawful or violent
territorial jurisdictioo of a
or earl.
comes, i. e.,
Tbe county court. a court of gl eat
count
M
<leeds. antiquity and of groat dignity in early times.
 C01ilTES
Also, thp. relinue or train of a prince or high
governmental official.
COMITES. Counts or earls. Attend­
ants or followers. Persons composing the
retinue of a high functionary. Persolls who
are attached to the suite of a public min­
ister.
COMITES PALEYS. Counts or e arls
palatine; those wbo bad the government of a
county palati ne.
COMITIA. In Roman law. An assem­
bly . either (1) of
the !-toman curiro, i n whicll
case it \V,IS called the "comitia em"iata vel
calata ; " or (2) of the Roman cent.uries. in
which case it was called tbe "comitia centu­
-iataj" or (3) of the Roman t.ribes, in wh ich
c.'lse it was called the uco-mitia t1'ibuta."
Only patricians were members of the first
comiUa, and only plebians of the last ; but
the comit ia centuriata co mprised the enUre
populace. patrici ans and plebians both. and
was the great legislative assembly passing
the leges, prop e rly so called, as the senate
passed the senatus consulta. an d the com.ilia
h'ibuta pass ed the plebiscita. U nde r the Lex
H01'ten.'o'ia. 287 B. C., the plebiscitum ac­
qu ired the force of a lex. Brown.
COMITISSA. In old English law. A as pects of the war.
countess; nn earl's wife.
COMITIVA. In old English law. The
dig n i ty and office of a comes, (count or earl ; )
the same with what waS afte rwa l'ds called
44comitatus. "
Also a co m panion or fel1ow-traveler; a
troop or company of robbers. Jacob.
COMITY. Courtesy; com pla isance ; re­
spect; a willingness to gran t a privilege,
not as a ma tter of right. but o ut of deference
and good will. See next ti tle.
COMITY OF NATIONS. The most
appropriate phrase to express the true foun­
dutton and extent of the oUligation of the
la WB of one nation within the territories of
q,nother. It is derived alt oge th er from the
volu ntary consent of the latter; and itis i nad­
missible when it is contrary to its known
policy, or preJud ici al to its interests.In the
silence of any positive rule affirming or de­
nying or restraining tbe operation of foreign
laws, courts of justice presu me the tacit
adoption of them by tlleir own government,
unless repugnant to its policy, or prejudicial
to its interests. It is not the comity of the
O'Jurts, but t lle comity of the nation, which
18 /ldmiuisLeroo. and ascertainec.l in the salUe
224 COMMANDITE
way, and guided by tbe same reasonIng. by
which all otber principles of tbe munici pal
law are ascertain ed a nd gUided. Story, Cond.
Laws. § 38.
The co mi ty at nations (comitas gentium)
is that body of rules which states observe t()..
wards one another from courtesy or mutual
convenience. altho u gh they do not fo rm pl�rt
of international law . Holtz. Ene • •• tI.
COMMAND. An order, imperative dl.
rection, Or bebest.
COMMANDEMENT. In French/aw. A
writ serv eu. by the lntissier pu rs u a.ut to a
jUdgment or to an executory notarial deed.
Hs object is to give notice to the d ebtor that
if he does not pay th e sum to which he has
been condemned by the judgment, or which
he engaged to pay by the notarial deed. hiJ
property will be seized and Bold. Arg. Fr.
Mere. La w, 550.
COMMANDER IN CHIEF. By article
2. § 2. of the constitutio n it is declared that
the president shall be commander in chief of
the army and navy of the United Sta tes.
The term implies supreme control of military
operations d uring the progress of a war, not
only on the side of strategy and tactics. but also
in reference to the political and international
COMMANDERY. I n old English law.
A manor or chief messuage with lands and
tenements t hereto appertai nin g. which be­
lo nged to the pri ory of St. Johnof Jerusalem,
in E ngla nd ; be who had the government ot
such a manor or house was styled the 4ICOIll�
mander, " who could not dispose of it. but to
the use of the priory. only tak i ng thence hie
own sustenance. according to hi� degree.
The manors and la.n ds belonging to the priory
of St. John of Jerusalem w ere given to
llcn ,'y tbe Eighth by 32 Hen. VIII. c. 20.
abo u t the time of Lhe dissolution of a bbeys
and m onaste l'ies; so that the name only of
commanderies remains. the power lJeiDg long
since extinct. Wharton.
COMMANDITAIRES. Spec i al partners ;
partn ers en comm andite. See CO:UMANDITB.
COMMANDITE. In French law. A
special or limited partnersh i p. where the con·
tract is between ono or more persons who are
general partners. and jo intly and severally
responsible, and ono or more other persona
who merely furnish a particular fund or cap�
ital stock, and thence are called. ucommanda.
taires." or "commendatairu," or II partners
") oommandiU;" �8 bll3ineu beiDa carried.
 COMMAND�IENT 225 COMMERCE.

on under the social name or firm of the gen4 J stowed In Scotland; clt Hed so because the
eral partners on ly. co mposed of the n ames of benefices were clJmmemled and intrusted to
the general or com pl em en tary partners, lhe their supervision.
partn ers in commandite being l i able to losses
COMMENDATORY, He who holds a
only to the edent of the funds or ca p ital fUfa church Ii vi ng or prefermen t in commendam.
nished by them. Story, Partu. § 7B; 3 Ken t,
Cemm. 34, COMMENDATORY LETTERS. In
ecclesiastical law . Such as are written by
COMMANDMENT. In practice, An
one bis hop to a n other on behalf of any of
authoritative order of a judge or mag isterial
the cl ergy. or oth e rs of his diocese trave ling
officer.
thither, that they may be received among the
In criminal la.w. The act or offense of
fait hful. or that th e clerk may b e promoted.
ODe who commands an other to tran sgress the or necessar ies administered to others, etc..
law, Of do anythi ng contrary to law. as theft,
W harton.
lDurder, Of the like. Particularly applied to
the act of an accE'ssary before th e fact, in in­ COMMENDATUS. In feudal law, One
Citing, procuring, setti ng on, 01' sti rr i ng up who intrus ts himself to the p rotection of D
another to do the fact Of act. 2 lust. 182. another. Spelma n. A person who, by vol­
u ntary homage. put hi m self under the \lrOa
COMMARCHIO. A bo undary ; the can· tection of a s upe rio r lord. Cowell.
Ones of land.

COMMENDA. In French law. The

COMMERCE. The various ag reements E
which have for their object facilitati ng the
deliv ery of a benefice to one who cannot hold exchange o f the prod ucls of the earth or the
the Ie-gitl title, to keep and manage it for a i ndustry of m an, with an intent to realize a
lime limited and render an acco unt of the pro n to Pard. Droit Com. u. 1. A general
proceeds. Guyot. RGp. Uuiv. term including the speci fic contracts of sale F
In mercantile law. An association in and exchange.
which the manll.gement of the proper ty was The i nterco u rse of n ati o ns in each oUler's
int rusted to individuals. Tl'oub. Lim. IJartn . produce and manufactures. i n which the
•. U, § 27. superfl uiti es of on e afe gi ven for those of
another, and then rea6xchanged with other
G
Commenda est fncultas recipiendi e t
nations for mutual wants. 'V hart on.
retinendi beneficium contra jus positiv­
Commerce is the interchange or mutual change
um a supremfi potestate. Moore, 905.
A
of goods, productions, or property of any kind be­
cCirnmendaru fa the power of receiving and
H
tween nations 01; individuals.
Transportation is
retai ning a benefice contrary to positive law, tbe means by which commerce is carried 00. .u
by supreme a uth ority . Iowa, 888.
Commerco i8 a term of the largest Import.. It.
COMMENDAM. In eocle.iastical law. comprehends intercourse for tbo purposes of trade
in any (Lnd all its forms, including the transporta­
The appOintment of a su it able clerk to h old
a \ oid or mcant benefice or church li ving
tion, purcbase, sa.le, and exchange of commodities
betweon tbe citizens of our country and the citi­
I
until u reg Ula r pastor be apP Oi n ted. Hob. zens or subjects of other countries, and between
144; Latcll , 236. the citizens ot difrerent states. The power to reg­
ulate it embraces aU the instruments by which
In commercia.l la.w. The l imi ted parl ­
such commerce may be conducted. 91 U. S. 275.
nl'rshlp ( or Bociete en commandit6) of the
French Jaw has been introduced in to the
Commerce is not limited to a n exchange of com·
modities only, but includes. o.s \'Vell, intercourse
J
Code of Lo u isia na under the title of "Part;.. with foreign nations and between the states; and
includes the transportation or passengers. S Cow.
nership tn Commmda 111. " Civil Code La.
713; 84 Cal. 49'2.
art. 2810.
The word s " commerce" and "trade" are
COMMENDATIO. In the civil law. synunymou s . but not identical. T hey afe
Commendation, praise, or recommendation . often used interchangeably i but, str ictly
spenki ng , omm eI'?e relat s to i nter course or
C O M M E N D A T I O N. In f('ud,tl law. � �
d f>nl l. ngs wIth forelgn nahons, states, or p0-

lodial land placed himself and his land under �I ..;cl.ll . GO mm u m" tles , wIll'1e trade :len � te� bus­
Th'lS was tb e nct hY Wh'Ieh an o w ner 0f a1 · .. .
L
I Illlllts of a state or nation,
l e s IIl tercourse or mutu aI traffic w ltl llD the
the protection of a lord, 80 as to constitu te � � . .
or the bUYlDg,
b'Imse I"
L h'18 vassaI or feu da1 tenan t. . . .
selling, and exchan ging of artIcles betwe&D
COMMENDATORS. Secular persons memLers of the sam e com m u n ity. See 4
upon whom ecclesiastical benefices wel'e be-­ Denio, 353i Jacob; Wharton. M
.A):l.D1CT.LAw-16
 COMMERCIA BELLI 226 COMMISSION

VUMMERCIA BELLI. War contracts. COMMINALTY. The commonally or

�wp.ct. entered Into by belligereut nati on s the people.
to secure a temporary and limited peace. 1
COMMINATORIUM. In old praclice.
Kent, Comm. 159. Contracts uetween na­
A clause sometimes added at the end of writs,
tiOIlS at war, or their subj ecls .
adm onisbing the sheriff to be faitbful in ex·
ecuting them. Bract. fol. 398.
COMMERCIAL LAW. A p hrase used
to designate the whole body of substantive
COMMISE. In olll French law. For.
j u rispr u d en ce appl icabl e to the righ ts, inter­ teiture; the forfeiture of a fief; the penalty
tourse. and relations of persons engaged in
attached to the ing ratitude of a vassal. Guyot,
commerce, trade, or mercantile pursuits. It
Inst. Feod. c. 12.
Is not a very scientific or accurate term. As
foreign com merce is carried on by means of COMMISSAIRE. I n French law. A
81 l i ppi n g, tbe term bas come to be llsed oc­ person who receives fro m a meeti n g of
casionally as synony m ous witb " maritime shareh ol ders a special auth ority , viz., that
law ; " but, in s tri ctness, tbe phrase " com. of checking a nd exam in ing the accou nts ot
mercial law" is wider, and includes many a manager or of val ui n g tbe a11ports en nat.
transactions or legal q uesti ons wbich hav e ure, (g. Do) The name is also appl ied to a
n othi ng to do with shi p pi ng or its incidents. j udge who receives from a court a spec ial
m iss ion , e. g., to institute an inquiry, or to
COMMERCIAL PAPER. The term ex amine certain uooks. or to supervise the
" com m ercial p aper " means bills of ex c hange, operations of a bankrup tcy . Arg. Fr. Mere.
promis sory notes, bank-checks, and other ne ­
L'\ w. 551 .
gotiable instruments for the payment of
mo ney . which. by their form and on their
COMMISSAIRES - P R I S E U R S . In
face, purport to be such jn�tr u ments as are,
French law. Auctioneers. who possess the
by the law-merchant, recognized as fal l i ng
excl usive right of se lling personal property at

under the designation of " commercial pa­ public sale in the towns in which tbey are

6 N. B. H. 338. established i and they POSStlSS lhe same right

por. "
concurrently with n otari es . greffie1's, and
Commercial paper means negotiable paper
huisb'iers. i n the rest of the arrondissement.
given in due course of business, whether the
el em e n t of negotiability be given it by the A rg. Fr. Merc. Law. 551.
!:t.w·rnerchant or by statute. A. note given C::>MMISSARIAT. The whole body 01
by a merchant for money loaned is with in the officers who make up the commissaries' de·
m�a n i ng. 5 Biss. lli:S. partm ent of un army.

COMMERCIAL TRAVELER. Where COMMISSARY. In ecc1eslastica1 1aw.

an agent simply exhibits samples of goods
k ep t for sale by his principal, and takes or·
deI'S from p u rchasers for such goods, wbich
goods are afterwards to ue delivered .by the
principal to the p U rcll<:l�el'S, and payment for
the goods is to be made by the pu rchas ers to
One who is sent or delegated to execute some
ollice or duty as the representativ e of his su­
perior ; an officer of the bi sho p , who exercises
spi ri tu al jurisdiction in distant parts of the
diocese.
In military law. An officer wh ose p rin ­

the principal on such delivery, such agent is cipal duties are to supply an army with pro.
gen erally called a " d ru m m er " or "commer· visions and stores.
cial traveler. " 34 Kan. 434, 8 Pac. Rep.
86[;; 93 N. C. 5U. COMMISSARY COURT. A Scotch ec.
cleslastical cou rt of ge n eral ju risdiction, held
COMMERCIUM. Lat. In the civi l before foul' commissioners. members of the
law. Commerce; business; trade; dealings Faculty of Advocates, appoi nted by the
in the nature of pUl' chase and salej a can· crown.
tract.
COMMISSION. A. warrant or auth ority
Commercium jure gentium commune or letters patent, issuing from the govern·
eSBe debet, et non in monopolium et ment, or one of its departments, or a court,
privatum pauoorum qUEestum conver· empowering a perso n or persons named to do
tendum_ 3 Inst. 181. Com m erce. uy the certai n acts. or to exercise jurisdiction, or to
Jaw of nations, oug h t to be common, anu not perform the duties and exercise the authority
can verted to m on opoly and the pri vate gain of an office. (as in the case of aD officer in the
of a few. army or navy.)
 COMMISSION 227 COMMISSION OF LUKAlJ¥

Also. In private atrairs, it signifies the BU­ der the great seal to collect a tax or subsidy
thority or instructions under which one per­ before the day.
Bon transacts business or negotiates for Bn­
COMMISSION OF APPRAISEMENT
other. .
AND SALE. Where property ha s been ar..
In a deri vative sens.", a body of person s to
rested in an admiralty action in rem and or·
whom a commission is di rected. A board or
dered by the court to be sold, the order is car­
committee officiaUy appoint ed and empo w ered
ried out by a commission of appraisement
to perform certain acts or exercise certain
and sale; in some cases ( as where the
prop­
j uri sdiction of a public nat ure or relation; as
erty is to be released on bail and the valueis
B ucommission of assise . "
disputed) a cor.uroission of appraisement only
I n the civil law. A species o f bailment. is required. Sweet.
being an undertaking. without reward, to do
something in res pect to an article bai led ; COMMISSION OF ARRAY. In En­
equi valent to "mandate. " glish la w . A commission issued to send in-
In commercial law. The recompense to eve ry county officers to muste r or set in 0
m i l i tary order the inhabitants. T he intro­
or reward ·of an agent. factor, broker, or
duction of commissions of l i eu tenancy, which
bailee, when the same is calculated as a per­
co n tai ned. in substance, the same powe rs as
centage on the amount of his tra ns actions or
these commissions, superseded them. 2 Steph.
on the profit to the principal. But in this
sense the word occurs more frequently i n the
Comm. (7th Ed.) 582. E
pl a ral. COMMISSION OF ASSISE. Those Is­
In criminal law. Doing or perpetration; sued to j ud ges of the high court or court
the performance of an act. of appeal, authorizing them to sit at the as-
In practice. An authority or writ issu· sises for the trial of ci vil actions.
F
Ing from a court, in relation to a cause be­ COMMISSION OF BANKRUPT. .A.
fore it, directing and autborizing a person or comm ission or authority formerly grant.ed by
persons named to do some act or exercise some the lord chancellor to such persons as he
special function; u su ally to take the deposi­ examine the bank-
tions of witnesses.
should think proper, to
rupt in all matters rel ati ng to his trade and
G
A commission is a process issued under the seal effects, and to perform various other impor.
of the court and the signature of the clerk, directed
tant d uti es con n ected wi th b ankru ptcy mat­
to some person designated as commissioner. au�
thorizing him to examine the witness upon oath on
ters. Dut now, under St. 1 & 2 1Vm . IV. c.
loterrogatoriesannexed thereto, to take and certify 56, § 12, a fiat issues instead of such com· H
the deposition ot the witness, and to return it ac· mission.
cording to the directions given with the commis�
ilion. Pen. Code CaL § 1351. COMMISSION OF CHARITABLE
USES. This commission issues out of chan­
COMMISSION DAY. In E ngl ish prac­ cpry to tile bishop and others. where lands
tice. The opening day of the assises. given to cbaritable uses are misemployed. or I
there is any fmull or dispute concerning
COMMISSION DEL CREDERE. In
them, to inquire of and redress t he sam e.
commel"cial law. is where an agent of a seller
etc.
undertakes to guaranty to his prin cipal the
paym e nt of the debt due by the buyer. The COMMISSION OF DELEGATES. J
p hrase IIdel credere" is borrowed f rom the Wh en any sentence was gi ve n in any eccle­
Italian language. in which its signification is siastical cause by the archbishop. this com­
equ i valent to our word " guaranty" or " war· mission, u nder the great seal, was directed
ranty. " Story. Ag. 28. to certain pe rsons, usually lords, bishops, and
judges of the law. to sit and hear a n appeal K
COMMISSION MERCHANT. A term of the same to the king, ill the court of chan­
which is synonymous with "factor." It cery. But latterly the j udicial co mm i ttee of
means one who receives goods, chattels. or the privy council has su ppli ed the place of this
merchandise for sale, eXChange, or other dis­
position, and who is to receive a compe nsati on
commission. Brown.
L
COMMISSION OF LUNACY. A wri t
tor bis servi ces, to be paid by the owner, or
issuttll ouL of elm.ncery, or Buell court as may
dedved from the sale, etc., of the goods. 50
have j u risdiction of the case, directed to a
M
Ala. 154.
proper oOicer. to in qu ire whether a person
C O M M I S S I O N OF ANTICIPA- named therein is a lunatic or not. 1 Buuy.
TION. In English law. An authority un- lost. n. 382, et seq.
 CQ)IMISSION OF l' ARTlTION 228 COMMISSIONERS OF llIGHWAYS

COMMISSION OF PARTITION. In 16 Viet. c. 86. § 21. Obsolete. See Jud.

the former E nglish equity p ractice, this was
a commission or authority issued to certain
persons, to effect a division of lands beld by
tenants in common desiring a partition;
when the commissioners reported, the parties
were ordered to execu te mutual con veyances
to confirm the division.
COMMISSION OF REBELLION.
E nglish law. An attachi ng process, former·
Iy issu abl e out of chan�erYJ to enforce obe­
dience to a process or decree; abolished by or­States, th is term denotes an officer wbo is
der of 26th August. 1841.
COMMISSION OF REVIEW. In En·
glish ecclesiastical law. A commission for­
merly sometimes g ra nted in eX Lraordin ary
cases, to revise the sentence of the court of
delegates. a HI. Comm. 67. Now out of
use, the privy council being substituted. for
the court of delegates, as the gre at court of
appeal in aU ecclesiastical causes. 3 Steph .
Comm. 432.
COMMISSION OF THE PEACE.
E ngli sh law. A commission from the crown,
appointing certain persons therein named,
jointly and severally,
to keep the peace, etc.
Justices of the peace are always appointed by
special commission under the great seal, the
form of which was settled by all the judges,
A. D. 1590, and continues with little alte ra­
tion to this day. 1 Bl. Comm. 351; 3 Steph.
Corom. 39. 40.
COMMISSION OF TREATY WITH
FOREIGN PRINCES. Leagues aud ar·
rangements made between states and king­
doms, by their ambassadors and mi nisters,
for the mutual adv antage of the kingdoms in
alliance. Wharton.
COMMISSION OF UNLIVERY.
an action in the English admiralty divi sion,
where it is llect'ssary to have the cargo in a
ship unladen in order to have it appraised, a
commission of unlivery is issued and exe­
cuted by the marshal. Williams & B. Adm.
Jur. 233.
COMMISSION T O EXAMINE WIT­
NESSES. In practice. A commission issued
out of the comt jn which an action is pend­
ing. to di rect the t<tking of the dep OSitions of
wiLnessE's who are beyond the territorial
jurisdiction of the court.
COMMISSION TO TAKE ANSWER
IN CHANCERY. In English law. A
commission issued when defendant lives
abroad to swear him to :mch answer. 15 &
Acts. 1873. 1875.
COMMISSION TO TAKE DEPOSI·
TIONS. A w ritt en authority issuetl by a
court of justi ce, gi ving power to lake the
testimol)Y of witnesses who cannot be per­
sonally p rod u ced in court.
COMMISSIONER. A person to wbOln
In a comm ission is directed by the government
or a court.
In the governmental system of tbp. United
charged with the administration of the laws
relating to so me pa rtic ula r subjec�matter. or
the management of some bureau or agency
of the government. Su ch are the commis·
siol1er8 of education, of patents, of pens io ns ,
of fisheries. of the general land·ollice. ot
Indian affairs, etc.
In the state governmental systems, also, and
in England. the term is quite e xt ensively
used as a designation of various officers hav­
ing a similar authority and similar duties.
In
COMMISSIONER OF PATENTS. An
officer of the United States government. be-­
ing at the head of the bureau of tbe patent­
omce.
COMMISSIONERS OF BAIL. Olll­
cers appointed to take recognizanc es of bail
in civil cases.
COMMISS I O N E RS OF BANK·
RUPTS. 'rile name given. u nder th� former·
English practice in bankruptcy. to the per�
sons appOi nte d under the grt!at seal to exe­
cute a commission of bankruptcy, (q. v.)
COMMISSIONERS OF CIRCUIT
COURTS. Ollicers apPOinted by and so.
tached to the circuit courts of the United
In States, performing functions partly min iste­
rial and partiy jud icial. To a certain extent
they represent the judge in his absence. In the
examination of persons arrested for v iolations
of the laws of the United States they have
the powers of committing mag i st rates . They
also take bail, recogn i zances . affidavits, etc.,.
and hear prelimimuy p roceedin gs for foroign
..
extradition.
COMMISSIONERS OF DEEDS. Of·
fleersempowereu by the government of one
state to reside in another state, and there
take acknowledgments of deeds and other
papers wbich are to be used as e vi den ce or
put on record in the fonner state.
COMMISSIONERS OF HIGHWAYS.
01:licers appOi nted in each county or town-
 COMMISSIONERS OF SEWERS 229 COMMOD�TUM

Ihip, in many of the states, with power to in the expectation of their act being con f1rmed
take charge of the allering. opening, repair, by the body they profess to represent or act
and vacating of high ways within such coun­ for. 15 Mees. & W. 529.
ty or township. The term is especially applied to the per-
80n or persolls who dre in ve�ted. by onlpr ot
COMMISSIONERS OF SEWERS. 1n
the proper court, with the guardian!lhip of
]�nglish law. Com missioners apPointed UD­
the pE'rson and estate of one who has been
der the great seal, and constituting a court
adjudged a lunatic.
of special jurisdiction ; which is to overlook
lhe repairs of the banks and walls of the sea­ In parliamentary law. A portion of a
coast aud navigable ri vers, or, with consent legislative body, comprising one or more
of II certain proportion of the owners and oc­ members. who are charged with the duty of.
cupiers, to make new ones, and to cleanse examining some matter specially referred to

such rh'f"t's, and the stJ'eams commun icating them by the house. or of deliberating upon it,

therewiLh. St. 3 & 4 Wm. IV. c. 22, § 10; and reportillg to the house the result of t.beir

8 SLepb. Comm. 442. investigations or recommending a course ot D

action. A committee may be appointed for
COMMISSIONS. Tbe compensation or one speCial occasion. or i t may be appointed
reward paid to a factor, broker, agent, bailee. to deal witli all matters which may ue referred
executor, trustee. receiver, etc., \vhen the to it d uri n g a whole session or during the
same is calculated as a percentage on the life of the body. In the latter case, it ia E
amount of his transactions 0 1' the amount ra­ called standi ng committee."
a " It is
uS\lal­
cei red or expended. ly composed of a comparatively small num­
COMMISSORIA LEX. In Roman law. ber of members. uut Ill ay include the whole
A clanse which might be Klserted in 1m bouse.
agreement for a sale upon credit, to the effect COMMITTITUR. In practice. �n or­
that the vendor should be freed from his ob­ der or minute, setting forth Lhat the person
ligation . and might rescind the sale, if the named in it is com m itted to the custody ot
vendee did not pay tILe purch�se pl'ice at Lhe the she.rill.
apPOinted time. Also a. similar agreement
C OMMITTITUR PIECE. An instru­ G
between u. debLor and his pledgee that. if the
ment in writingon papel' or parchment. which
deblor did noL pay at the day apPOinted, Lhe
charges a person, already i n prison, in execu­
pledge should become the absolute property
tion at the suit of the person who arrested
o( the creditor. This. ho wever, was abol­
ished by a law of Constantine. Cod. 8, 85,
him. 2 Chit. Archb. Pro (12th Ed.) 1208.
H
3. See Dig. 18, 3 ; Mackeld. Hom. Law, COMMIXTIO. In the civil Jaw. The
�§ 447, 461; 2 Kent, Comm. 583. mixing tog�ther or confusion of things. dry
or solid. belonging to different owners, a� dis­
COMMIT. In praclice. To send a per- tinguished from confusio, wbich has relation
80n to prison by virtlleof a lawful authurity, to liquids. I
fpr any crime or conlempt.. 4 HI. Corom.
20'_ 300; 1 TiM, Pro 479, 481. COMMODATE. In Scotcb law. .A gra­
'fo deliVel' a defendant to the cl1stody of
tuiLolls loan for use. El'sk. lnst. 3. 1, 20.
Closely formed fwm the Lat. commodatum.
J
the sherif! or marshal, o n his surrender by
his bail. 1 Tidd, Pr. 285, 287. (q • •• )
COMMODATI ACTIO. Lat. In the
COMMITMENT. In practice. The
civil law. An action of loan; an action for
warrant or mittimus by w h ich a court or
a thing lent. An action gh·en for the recov­
magisLmte dil'eds an officer to take a person
to prison.
ery of a thing loaned. (commodatum. ) and
not returned to tlle leuder. lnst. 3. 15. 2 i
The act of sending a person to prison by
lei. 4, 1, 16.
means ot such a warrant or order. 9 N. H.
204. COMMODATO. In Spanish law. A

COMMITTEE. In practice. An as­

contract by which one person lends
tOllsly to another some object not consuma­
gralui_
l
lIembly or board of persollS to whom lhe con­
ble, to be restored to him in kind at a gi ven
sideration or management of any matter is
period ; the same contract as commodatum.
committed or referred by sOllle court.
An individuaJ or body to whom others (g. v.)
M
have
delegated or committed a p articul a r duty. or C OMMODATUM. In tile civil law. rre
\\'ho have taken on themselves to perform it who lends to another a thing for a definite
,
 COMMODITIES
time, to be enjoyed and used under certain
conditions, without any pay or reward. is
cal led "commodaus;" the person who re­
ceives the th ing is called "commodatariua, "
aud the con tract is called •• commodatum. "
It differs from locatio and conductio. in this:
th�lt the useof the thing is gratu i tous . Dig.
13. 6 ; Inst. 3. 2. 14; 3tory. Bailm. § 221.
COMMODITIES. Goods. wares, and
merchandise of any kind; movables; articles
of trade or commerce.
Commodum ex injurHl Butt nemo ha·
bere debet. Jank. Cent. 161. No person
ought to have advantage from his own
wrong.
COMMON. As an adjecU.e. this word
denotes usu al , ordi n ary, accustomed ; shared
among several ; owned by several jointly.
COMMON, n. An incorporeal heredita·
ment which consists in a profit which one
man has in connection with one or more
ot hers in the land of another. 12 Sergo & R.
32; 10 WeOl I . 647; 1 1 Johns. 498.
Common, i n English l aw. is an incorporeal
right which Hes in granL, originally com­
menCing on som e ag reem ent between lords
and tenants, which by time has been formed
into prescription, and continues good, al·
though there be n o deed or in�truIUent to
prove thp. or ig inal contract. 4 Coke, 87j 1
Crabb. Real Prop . p. 258. § 268.
Common, or a right of common, 11!1 a right or
privilege which several persons bave to the prod­
uce of the lands or waters of another. Thus,
common of pasture is a ri ght of feeding the beRsts
of one person on tho lands of another j common of
estovers i s the right a tenant has of taking neces­
sary wood and timber from the woods of the lord
for fuel, fencing, etc. 10 Wend. 647.
The word " common" also denotes an unin ..
closed piece of land set apart for public or
municipal purposes, in m .iIly ciUes and vil.
lages of the United States.
C O M M O N APPENDANT. A right
annexed to the possession ot arable land. by
which the owner is entitled to feed his beasts
on the lauds of another, u8u<tlIy of the owner
of tbe runnor of which tbe lands entitled to
common are a part. 10 Wend. 648; 2 Bl.
COOllll. 33.
COMMON APPURTENANT. A right
of feeding one's beasts on the land of nn·
other, ( i n common with the owner or with
others, ) which if.: founded on a grant, or a
prescription which s upposes a grant. 1
Crabb. Real Prop. p. 264. § 277. This kind
(If common arises from no connection of
230 COMMON CARRIERS
tenure, and is against common right; it rna,
commence by gran t within time of memory,
or. i n otber words. may be created at the
present day; it may be cla imed as annexed
to any kind of land, and may be claimed for
beasts not commonable, as well as those that
are. 2 B1. Comm. 33.
COMMON ASSURANCES. The ••v­
eral modes or instruments of conveyance cs·
tabli shed or authorized by the law of Eng.
land. Cal led "common " because thereby
every man's estate is assured to him. 2 HI.
Comm. 294.
The legal evidences ot the translation ot
property. whereby ev ery person' s estate i8
ussured to him, and all controversies. doubt8.
and difficulties are either prevented or re­
moved. Wharton.
C O M M 0 N BAIL. In p ractice. Th.
form of entering merely fictitious bail. in
cases where special bail is not required . A
species of bail intended only to ex press the
appearance of a defendant.
COMMON BAR. In pleading. ( Oth er­
wise called "blank bar. ") A plea to compel
tbe pl ai nti ff to assig n the particular place
where the trespass has been committed.
Step h. PI. 256.
COMMON BARRETOR. In criminal
law. On e who frequently excites and sUra
up groundless s ui ts and quarrels, either at
law or otherwise.
C O M M O N B E C A U S E OF VICI­
NAGE is where the inhabitants of two town­
ships which lie contiguous to each other have
usually intercom maned with one Hnotber.
the beasts of Lh8 one straying m utually into
the other's fields, without any molestation
from ei th er. This is, indeed. only a permi a·
sive right, intended to excuse wbat, in strict-­
ness, i s a trespass in both, and to prevent a
multiplicity of suits, and therefore either
townShip Ill ay inclose and bar out the otber,
though they ha ve intercommoned time out
of mind. 2 B1. Comm. 33; Co. Litt. 122a.
COMMON BENCH. The En glish court
of common pleas was formerly so called. Its
original title appears to have been simply
"The Bench , " lmt it was d esignated "Com­
mon Bench" to distinguish it from tILe
liKing's Ben ch, " and betBUSe in it were tried
and determined the causes of common per­
sons. i. e., cause� between subject and sub­
ject, in which the crown had DO i nterest.
COMMON CARRIERS. A common
carrier 1a one whose regular business or call·
 COMMON CARlUERS 231 COMMON INFOUMEfI

ing It is to carry chattels for all persoDs who several creditors. !ti regard to these credl).
may choose to employ and rem unerate him. o rs, he is their common debtor, and by tbit.
Scilouler. Railm . 297. term is distinguished i n the proceedings thD.t
Every one who offers to the public to car­ take place in the competition. Bell.
ry persons, property. or messages, excepting
COMMON ERROR. (Lat. communir
only telegraphic messages, is a common car­
error, q. 'D.) An error for which there arE'l
rier otwhatever he thu s offers to carry. Civil
many precedents. "Common error goeth for
Code Cal. § 2168.
a law." Finch, Law, b. 1, c. 3, no. 54.
A common carrier is one who holds bimsel! out
to the publio to carry persous or freight for hire. COMMON FINE. In old English law.
24 ConD . 479.
A certain sum of money which the resident::.
At common law, a. common carrier is an insurer
of the goods intrusted to him, snd he is responsible in a leet paid to the lord of the leet. other..
for all losses of the sa.me, save such as are oeca­ wise called " head Silver," " cart money," (q.
sioDed by the act of God or the public enemy. ]5 'D.,) or " certum. letce.1t Ter mes de la Ley;
Minn. 279, (GU. 208.)
Cowell. A slim of money paid by the inhab- 0
Common carriers are of two ki n ds .-by itants of a manor to their lord, towards the
la'nd, as owners of stages, sta.ge - wago ns , rail­ charge of holdi n g a court leet. Hailey,
road cars, teamsters. cartmell, draymen, and Dict.
porters ; and by water. a� owners of ships.
C O M M O N F I S H E R Y. A fishing
steam-boats, barge�, ferrymen, lightermen.
and canal boatmen. 2 Ke nt, Comm. 597.
ground wbere aU persons have a right to E
take fish. Not to be confounded witb
COMMON CARRIERS OF PASSEN· "common of fishery," as to which see COM·
GERS. Common carriers of passengers are MON OF PISCARY.
such (\s undertake for hire to c8rry all per­
sons indifferently who may apply for pas­
C O M. M O N FORM. A will is said to F
be proved i n common form when the ex·
,.ge. l'ilornp. Carr. p. 26, n. § 1.
ecutor proves it on his own oath; as distin­
COMMON CHASE. In old English la w. guished from "proof by witnesses, " which is
A place where all alike were e ntitled to hunt necessary when the paper propounJed as a 6
wild animals. will is disputed.
COMMON COUNCIL. In American COMMON HALL. A court i n the city .

law. The lower or more numerous branch of London, at which all the ci tizens, or sllcb
of the legislative assembly of a city. as are free of the city, have a. right to at-
In English law. The co u n oi llors of the tend. H
city of London. The parliament, also, was
COMMON HIGHWAY. By this term
a nc ie n tly called the " common council of the
is meant a road to be used by the community
realm." ll"'leta, 2, 13.
at la rge for any purpose of transit 01' tra�.
COMMON COUNTS. Certain general Ham. N . P. 239. I
counts or forms inserted in a dedaration in
COMMON IN G R O S S, O R A 'l
a.n acti on to recovel' a money d.ebt, not found­
LARGE. A species of common which is
ed on the circumstances of the individual
neither appendant nor appllrtenant to land,
case, but intended to guard agail}st a possi bl e
variance, and to en able the plaintiff to take
but is annexed to a mail's person, b E-i ng J
granted to him and his heirs by deed; Ol' it
ad van tage of any ground of liability which
may be claimed by prescriptive right, as by
the proof may disclose, within the general
a pa rson of a church or the like corp oration
scope of the action. In tho action of as.')ump·
501e. 2 HI. Comrn. 34. It is a separate in·
,it, these counts are as follows:
sold nnd delivered. or bargaineu and sold; for
For goods
heritance, enti rely distinct from any othar K
landed property, vested in the person to
work done; for money lent; for mon ey pai d ;
whom the common right belongs. 2 Steph.
for money r'i'ceived to the use of the pl a i ntiff;
Comm . 6.
for interest; or for money due on an account
stated. COMMON INFORMER. A common l
prosecutor. A person who habitually fer·
COMMON DAY. In old English prac·
rets out crimes and offenses and lays infor­
tice. An ordinary day i n court. Cowell;
mation thereof before the ministers of j nstice.
Termes de Ia Ley.
in order to Bet a prosecution on foot, not be.­
COMMON DEBTOR. In Scotch law. A cause of his office or any spec i al duty in the M
debtor wbose effect s have been arrested by matter, but for the sake of the share of the
 COMMON INTENDMENT 232 COMMON OF PISCARY

tine or penally which the Jaw allots to the In­ going. the Hcommoll law" may desIgnate alJ
former in certain cases. tbat part of the positive law, j uristic theory,
Bnd ancient custom of any state or natioD
COMMON INTENDMENT. The nal­
which is of general and universal application.
ural and usual sense ; the �ommon meaning
thus marking ott special or local [ul� or eus.
or understanding; the plain meaning of any
toms.
writing as apparent on its face without
straining or distorting the construction. COMMON -LAW PROCEDURE ACTS.
Three acts of parliament. passed in the years
COMMON INTENT. The nalural sense
1852. 1854. and 1860. respectively. for tbe
given to WOlJtt.
amendment of the procedure in the common·
C O M M O N JURY. In practice. The law courts. The common-law procedure act
ordinary kind of jury by which issues of fact of1852 is St. 15 & 16 Vict. c. 76; tbat 01
are generally tried, as distinguished from a 1854. St. 17 & 18 Viet. c. 125. and that 01
special jury. (q. ••) 1860. St. 23 & 24 Vict. c. 126. Mozley &
Whitley_
COMMON LAW 1. As distinguished
from the Roman law, the modern civil law. COMMON LAWYER. A lawyer learned
the canon law, and other systems. the com· in tbe common law.
monlaw is that body o f law and ju rislictheory
COMMON LEARNING. Famillarl."
which was originated. developed, and formu­
Dyer, 276, 33.
or doctrine.
lated and is administered in England. and
has obtained aluung most of the states and COMMON NUISANCE. O ne whieb
peoples of Anglo-Saxon stock. affects the public in general, and noL merely
2. .As distinguished from law created by some particular person. 1 Hawk. P. C. 197-
the enactment of legislatu res, the common See NUISANOE.
law comprises the body of those principles
COMMON OF DIGGING. Common 01
and rules of action, relating to the govern­
digging, or common i n the soil, is tile right
ment and security of persons and property,
to take for one's own use part of the soil 01
wllich derive their authority !'olely from
minerals in anotheL" s land; the most usual
usages and customs of immemorial antiquity,
subjects of the l-ight are sand. gravel. stones.
or from the judgm ents and decrees of the and clay. It is of a very similar nature to
courts recognizing, atlirming, and enforCing common of estovers and of turbary. Elton,
8ucb usages and customs; and, in this sense, Com. 109.
particularly the ancient un written law of
England. COMMON OF ESTOVERS. A 1!berty

3. As distinguished from equity law, it is of taking necessary wood for the use or fur·

a body of ruif;lS and principlE'S, wri tten or un­ niture of a house or farm from off another'!

written, which are of fixed and immutable estate, in common with the owner or with

authority, and which must be applied to con­ others. 2 BI. Comm. 35. It may be claimed,

trOVErsies rigorously and in their entirety, like common of pasture, either by grant or

and can not be modified to suit the peculiari­ prescription. _ 2 Steph. Comm. 10.
ties of a specific case, or colored by any j udi­ COMMON OF FOWLING. In Borne
cial discretion, and which rests confessedly parts of the country a right of taking wild
upon custom or statute, as distinguished animals (such as conies or wildfowl) from
from any claim to ethical superiority. the iand of .mother has been found to exist;
4. As distinguished from ecclesiastical in the case of wildfowl. it is called a "cum­
law. it is the system of j urisprudence admin­ man of fowling." Elton, Com, 118.
istered by the purely secular tribunals.
COMMON OF PASTURE. The right
5. As concerns its force and authority in
or liberty of pasturing one's cattle upon
the United States, the phrase designates that
another man's land. It. may be either ap.
portion of tbe common law of Enghtnd (in­
pendant. appurtenant, iu gross, or because
cluding such acts of parliament as were ap­
of vicinage.
plicable) which had been adopted and was i n
torce here at the time of t.he Revolution. COMMON OF PISCARY, or FISH­
This, so far as it Ims not since been expressly ERY. The right or liberty of fishing in
abrogated, is recognized as a n organic part bnotber man's water. in common with the
of the jurisprudence of most of the United owner or with other persons. 2 BI. Comm.
State.. 34. A liberty or right of fishing In tbe w.ler
6. In a wider sense than any of the fore- covering the soil of another person, or in a
 COMMON OF SHACK 233 COMMON VOUCHEE

river ru n ning througb another's land. 3 ord, formerly in f req ue nt use in Engla nd. It
Kent, Comm. 409. It is quite difierent from was in the nature and form of an action at
a common fis hery. with which, however, it is law. carried regularly through, and ending
.freq uently con fo unded. in a 1'ecooery of the lands a gai nst the ten­
ant of the freehold j which recovery. being a
COMMON OF SHACK. A species of
sup posed adj udicati on of the rigilt , bound all
co mm on by vi ci nage prevailing in the coun�
persons , and ,vest.ed a free and absol ute fee�
ties of Norfon::, Lincoln, and Yorkshire, in
simpl e in the recoverer. 2 131. Comm. 357.
E ng land ; b�'ing the right of pe rso ns occupy­
Common recoveries were abolished by the
ing lands lying togetber in the same common
statute 3 & 4 Wm. IV. c. 74.
fieJd to tu rn out th (;li r cattle after harvest to
teed promiscuously in tha t field. 2 Steph. COMMON SANS NOMBRE. Com­
Com m . 6. 7; 5 Coke. 65. mon witho ut number, that is, without lim.it
as to the number of cattle which may be
COMMON OF TURBARY. C om m on
turned o n ; otherwise called "common wi t h�
of turbary, i n its modern sense, is the right
o ut st.int." Bract. fols. 53b, 222b; 2 Steph. D
of taki ng peat or turf from the wasle land of
Comm. 6. 7; 2 Bl. Coru m . 34.
another . fOf fuel in the commoner's house.
Williams, Common, 187. COMMON SCHOOLS. Schools main­
tained at the public expense and adminis-
Common opinion is good authority in
law. Co. Li Lt. 186a; 3 Bar b. Cb. 528. 577.
tered by a bureau of the state, district, or E
municipal go v ern ment. for the gra tui tous
C O M M 0 N PLACE. Co mmon pleas. education of the children of all citizens with-
rhe ]�nglish court of common pleas is some­ out distinction.
times so called in the old books.
COMMON SCOLD. One who, by the F
COMMON PLEAS. Tbe name of a practice of, frequent scolding. disturbs the
cOllrt of record having general original juris­ neigl1borhood. Bish. Crim. Law, � 147. A
diction in civil suiLs. quarrelsome, bra wling, v itu perati ve pe rso n .
Common causes or s uit:! . A ter m anciently
used to denote civil actions, or thos e depen d­
COMMON SEAL.
used by a corpo rati o n
A seal adopted and
for au thenticating its
G
ing between subject and subject, as distin­ co rpo ra te acts an d executing legal in str u·
guished from pleas of the crown. ments.
COMMON PLEAS. THE COURT OF. COMMON SENSE. Sound practical
In English law. (So called because its orig­ jL1dgment; that degree of intellige n ce and H
inal jurisdiction was to de term i ne controver­ reason, as exercised upon the relations of
sies between s ubjec t and su bject . ) One of persons and thi ngs and the ordinary affairs
the three superior courts of common law at of life, which is poss ess ed by t he generality
Westm i nster. presi ded Over uy a lord chief
jll st ice and five (fo r merl y fOllr. until 31 & 32
of mankind. and whic h would suffice to di-
rect the condu ct and actions of the i ndi v id-
I
Viet. c. 125. § 11, subsec. 8) puisn4 j udges . ual in a m an n er to agree with the behavior
[t was detached from the king's court (aula of ordinary pers ons.
regis) as early as the reign of H.ichal·d I., a nd
COMMON SERJEANT. A j udi cial
the fo urteen th clause of Magna Uha1·ta
enacted that it should not follow the king's
officer at.tacbed to the corporation of
tile city J
of London. who assists the recorder i n di s­
court, but be held i n some certai n place. Its
posi ng of the criminal business at the O ld
jurisdiction was altogether con(] ned to ci'Vil
Bailey sessions, or ce ntral criminal court.
matters, hav in g no cognizance in cri min al
cases, and was concurrent witll Lilat of the
B�n.
K
queen's bench and eXC hequer i n pe rsonal COMMON, TENANTS IN_ See TEN­
a.ctions and ej ectm en t. W ha rton. ANTS I N COMMON.

COMMON PRAYER. The l i turgy. or C O M M O N TRAVERSE. See TRAv,

public form of prayer prescribed by the ERSE. l
Church of E nglan d to be used in all churcbes
COMMON VOUCHEE. In common
nnd ch apels , and w hic h ,t he clergy are en­
recuveries, the persoll who is vouched to
joine d to use un der a certain penalty.
wa rra nty . In tbis I::ictitious proceedin g the
COMMON RECOVERY. In con vey­ crier of the court usually performs the office M
ancmg. A spe-:-.ies of common assurance, or of a cu mm on voucbee. 2 HI. Com ID . 358; 2
m ode of conveying lands by matt�r of ree- Bouv. Inat. n. 2093.

•
 COMMON WEAL 234 COMMUNE PLACITUM

COMMON WEAL. The public or com· rather than the privileges of a class or the
mOD good or welfare. wil l of a m onarch ; or it may deSignate the
body of citizens living under sucb a govern­
COMMONABLE. Entitled to commotl.
ment. Sometimes it may denote the corpo­
Commonable beasts are either beasts of the
rate entity, o r tlle government, ot a jural so­
pl o w, as horses and oxen, or sl1ch as ma­
ciety (or 8t at� ) possessing powers of self-gov­
nure the land, 8S kine and sheep. Beasts
e rnm en t in respect of its immediate concelns,
not commonable are swine. goats, and the
but forming an integral part of a larger gov­
like. Co. Litt. 122a; 2 BI. Comm. 33.
ernment, (or nati on. ) In t.his latter sensE', it
COMMONAGE. In old deeds. The is the official title of sevelal of the United
right of co mmon. See COMMON. States, (us Pennsylvania and Massachusetts,)
and would b e ap prop riate to them all. In the
COMMONALTY. In English law. fo rmer sense, the word was used to deSignate
The great body of citizens; the mass of the
the English government d uri ng the protect­
people. exc lu ding the nobi li ty.
orate of Cromwell. See GOVERNMENT; NA­
In America.n law. The body of people TION ; STATE.
composing a m n nicipal corporatIon. exclud­
Ing the corporate officers.
COMMORANCY. The dwelling i n any
place as an i n habitant; which consists in
COMMONANCE. The commoners, or usually lying there. 4 Bl. Com m . 273. In
tenants Clnd iubabitants, who have the right american law it is used to denote a mere
of common or co mmon ing i n open fiel d. temporary residence. 19 Pick. 247, 248.
Co wel l.
COMMORANT. Staying or abiding;
COMMONERS. In E n glish law. Per. dwelling temporarily in a place.
sons having a right of common. So called
because they have a right to pasture on the COMMORIENTES. Several persons who
waste, in com mon with the lord. 2 H. BI. perish at the same time in consequence of the

389. same calamity.

COMMONS. 1. The class of .ubjects in COMMORTH, or COMORTH. A con ·

Great Britain exclusive of the royal family tribution which was gathered at marriages,
amI the nobility. They are represented in and when young priests said or sung the first.
parliament by the hOllse of commons. mas�es. Prohibited by 26 Hen. VIII. c. 6.
2. Part of the demesne land of a manor, (or Cowell.
land the property of which was in the lord. ) COMMOTE. Half a cantred or h undred
wh ich bein g uncultivated, was termed the
.
in Wales, containing fifty villages. .Also &
" lord'! waste. II and served for public roads great seignory or lo rdship, and may include
and for com mon of pasture to the lord and ltis one or divers manors. Co. Litt. 5.
tenants. 2 BI. Comm. 90.
COMMUNE. A sel f gov erni ng town 01
.

COMMONS HOUSE OF PARLIA·
MENT. 10 tile Englisll parliament. The
lower house, 80 called because the commons
of the realm, that is, the knights. citizens.
a n d burgesses returned to parliament, repr�
se nti ng the whole body of the commons, sit
there.
vil lage. The name given to the committee
of the people i n the French revolution of
1793; and again, in the revolutionary upl'is­
ing of 1871. it Sig nified the attempt to estab­
lish absolute self-government i n Paris, or the
mass of those concerned in the attempt. In old
French law. it signified any municipal cor­

COMMONTY. In Scotch law. Land poration. And in old E ngli s h law, the com­
possessed in common by different p ropri eto rs. monalty or comm on people.

or by those baving acquired rights of ser vi �

COMMUNE CON CILIUM REGNI.
tude. Bell. The co m mon council of the realm. Oue of
COMMONWEALTH. Tbe p u bl ic or tbe names of tbe English parliament.
common weal or welfare. This cannot be
COMMUNE FORUM. The COlDmon
regarded as a technical term of public law,
place ot justice. The seat of the principal
though often ueed in pol i t.ica l science. It gen­
courts. especially those that are fixed.
erally deSignates, when so employed, a re­
publican frame of government,- one in COMMUNE PLACITUM. In old E n.
which the welfare a n d rights o t the entire .law. A common plea or
glish civil action.
mass of people are the mai n consiuera tion, such as an action ot debt..

•
 COMMUNE VINCULUM 235 COMMUNITY

COMMUNE VINCULUM. A com m on COMMUNINGS. In Scotch law . The

or mU l ual bond. Appl ied to the common negoti ations p reli mi nary to the entering intc
stock ot consanguinity, and to the feodal a contract.
\.)ond of fealty. as the common bond of union
COMMUNIO BONORUM. In the ci vil
between lord ;�nd tenant. 2 Bl. Camm. 250;
law. A ter m signifying a community (g. �.)
3 B1. Comm . 230.
of goods.
COMMUNI CUSTODIA. In Eng l ish COMMUNION OF GOODS. In Scotch
law. An obsolete writ which ancien tly lay
law . The righ t enjoyed by ma rr ied persons
fortbelord , whose tenan t. bold i ng by k ni ght's In the m ovable goods belo ngi ng to them.
service. died, an d left his eldest son under Hell.
age, agllinst a str anger that entered the lund,
and obtained the ward or the body. Reg . Communis error facit jus. Common
Orig. I il. 4 Inst. 240; Nay. Max. p.
error makes law.
0
t
87, max. 27. Common errol' goeth for a law.
COMMUNI DIVIDUNDO. In the civil }""i n ch . Law. b. l, c. S, no. 54. Comm on er�
law. An action which lies for those who rorsometimes passes cUr rell t as law. Broom.
bave property in com mon , to procure a d i vis ­ Max. 139. 140.
ion. It l i es where parties hold land i n com·
Cal vin. COMMUNIS OPINIO. Common op i n _
E
mOil but not in p,�rtnersbip.
io n : ge neral profess ional opin ion. Accord·
COMMUNIA. In old En glish la IV. Com­ ing to Lord Coke, (who places it on tht3
mon things; res communes. Such as ru nn ing footing of obser vance or usage.) common
water. the air, the sea, and sea sboree. Bract. opi nion is good au th ority in law. Co. Lilt.
fo! . 7b.
F
I86a.
COMMUNIA PLACITA. In old En­ C O M M U N I S PARIES. In the civil
glish l aw. 'Common pleas or actions; those la w . A com mon or party wall . Dig. 8. 2.
between one subject and anoLher, as distin­ 8. 1 3.
gu isbed trom pleas of the crown.
COMMUNIS RIXATRIX. In old En- G
COMMUNIA PLACITA NON TEN­ glish law. A common scold. (g. v.) 4 BI.
ENDA IN SCACCARIO. An ancient Comm. I68.
writ directed to the treasurer and barons of
C O M M U N I S SCRIPTURA. In old
Lhe excheq uer, forbi dd ing them t o hold pleas
A common w ri t i ng ; a wr i ti ng
H
English law.
between common persons (i. e., not d ebtors
commo n to both parties; a chirograph. Glan.
to the kin g, who alone originally sued nnd
l ib. 8. c. 1.
were su etl there) i n that court. where neither
ot the parties bulonged to the same. Reg. C O M M U N I S STIPES. A common
O rig. 187. stock of descent ; a common ancestor.

COMMUNllE. In fe udal l aw on the can... COMMUNISM. A nam e given to pro·

Unent of Europe, this name was given to posed systems of life or Bocial organi zat ion

towns enfranchised by the crown. about the based upon the f undamental principle of the
twelfth century. and formed into f ree corpo­ non-existence of private prope l'Ly and of a

rations by grants called .. cbarters of com­ community of goods in a society. J

munity, " An equality of distribution of the physical.
means of life and enjoyment as a transition to a.

COMMUNIBUS ANNIS. In ordi na ry still higher standard of justice tbat all should
work aocording to their capacity and receive ac-
years; on the annual average.
cording to their wants. 1 Milll PoL J!:c. 248.
K
COMMUNICATION. Information gi v ­
COMMUNITAS R E G N I ANGLIlE.
en; the sharing of k n ow l edge by one with
The gen eral assembly of the k ingdo m of
anot her j conference: consultation or bar.
En gland. One of the ancient names of the
gaining preparatory to m aki ng a con t ract.
Also intercourse; conn ection.
English parlia ment. I BL Comm. 148.
l
In French law. The vroduction of a COMMUNITY. A socie ty of people Ii v­
merchant's books. by delivering them eitiJer ing in the same place, under the same laws
to a persoll design ated by the court, or to his and regulations. a nd who ba.ve COW ilion
privileges.
M
ad versary, to be examined in all their parts, rightll and
Bnd as sball be deemed necessary to the suit. In the civil law. A corporation or body
A.rg. }'r. Mere. Law. 552. poli tic. Dig . 3. 4.
 COMMUNITY 236 COMPANY

In French la.w. A species of partner. COMPACT. An ag ree ment or contract.

ship wbich a man and a woman COli tract Usually applied to conventions between n&­
when they are lawfully married to each tions or so vereign states .
.other. A compact is a mutual consent of parties
concerned respecting some property or righ�
C O M M U N I T Y PROPERTY. Com­
that is the object of the stipulation, or 80me­
munity property is property acquired by hus­
thing that is to be done or forborne. 4. Gill
·band and wife, or either, during marriage,
& J. 1.
when not acquired as the separate property
The terms " com pact " and 44 contract" are
of either. Civil Code Cal. § 687.
synonymous. 8 Wheat. I, 92.
This partnership or community consists of
t3
the profits of all the effu.. of which the hus­ COMPANAGE. All kinds ot food • •x·
band has the administration and enjoyment. cept bread and drink. Spelman.
either of right or in fact. of the produce
COMPANIES CLAUSES CONSOLI­
of the reciprocal industry and labor of both
DATION ACT. An English statute. (8
husband and wife, and of the estates which
Vict. c. 16,) passed in 1845. which consoli­
they may acquire during the marriage, eilher
by donations made jointly to them bot.h. or dated the clauses of previous laws 8till re­
maining in force on the subject of public
by purchase. or in any other similal' way,
companies. It is considered as incorporated
even although the purcbase be only in the
into all subsequent acts au thorizing the exe­
name of Olie of the two, and not of both. be·
cution of undertakings of a public nature by
cause in that case the period. of time when
companies. unless expressly except ed by such
the purchase Is made is alone attended to,
and no� the person who made the purchase. laier acts. Its purpose is declared by tbe pre.
amble to be to avoid repeating provisions as
Ci vii Coda La. art. 2402.
to the consti tution and management of t.he
COMMUTATION. In criminal law. companies, and to secure greaier u niformity
Change; substitu tion. 'l'lJe substitution of in such provisions. Wharton.
one punishment for another, after conviction
COMPANION OF THE GARTER.
of the party subject to it. The change of a
One of the knight! ot the Order of the Garter.
punil!:lhmeot from a greater to a less; as from
banging to imprisonment. COMPANIONS. In French law. A
Commutation of a punishment is not a con· general term, comprehending all persons who
• ditional pardon, but the substit uti on of a compose the crew of a ship or vessel Poth.
lower for a higher grade of pun ishment. and Mar. Couto no. 163.
is presumed to be for the culprit's benefit.
31 O hio St. 206; 1 Nev. 321. COMPANY. A society or association ot
persons, in considerable nu mber, interested
In civil matters. The conversion of the
in a common object, and uniting themselves
right to recei Ye a variable or periodical pay.
for the prosecution of some commercial or
ment into the right to recei ve a fixed or gross
industrial undertaking. or other legitimate
payment. Comm utation may be effected by
business.
private agreeme nt. but it is usually done
The proper signification 01 the word "company, ..
under a statute.
when applied to persons engaged in trade, denotes
those united lor the same purpose or in a joint oon­
COMMUTATION OF TITHES. Sig­ cern. It is so commonly used in this sense, or aa
nifies the conversion of tithes into a fixed indicating a partnership, that few persons aoous·
payment In money. tomed to pUl.'chase goods at shops, where they are
sold by l.'etaU, would misapprehend that suoh was
its meaning. sa Me. 82.
CO MMUTATIVE C O N T R A C T. In
the ci vil law. One in which each of the can· Joint stock compa.nies. J oint stock
tracting parties gives and receives an equiva· companies are those baving a jOint stock or
lent. ca�ital, which 1s divided into Ilu merous
Comm utative contracts are those in which transferable shares. or consists of transfera·
what is done, given, or promised by one ble stock . Lindl. Partn. 6.
party is considered as equivalent to. or a con· The term is not identical with " partner­
sideration for, what is done, given. or prom­ ship." although every unincorporated SOCiety
laed by the other. Civil Code La. art. 1768. Is, in its legal relations. a partnerShip. In
common use a distinction is made, the name
COMMUTATIVE JUSTICE. See Jus­ " partnership" being reserved. tor business
TICK. associations of a limited number of persona
 COAlPA}fY 237 COMPENSATION

(l1sually not more than four or the ) trading COMl'ASS, T H E MARINER'S. An

ulltlera name composed of their individual instrument used Ly mariners to point out the
lliLlUeS &et out i n succession ; while "com· course of a Ship at sell. It consists of a mag..
JllIll)," il appropriated as the designation netized steel bar caUed the " needle, I> attached
of 1\ sociely comprising a larger number of to the under side of a card, upon which are
persons, with greater capital , and engaged drawn tbe POInts of the compass, and sup­
in more extensive enterprises, and trading ported by a fine pin, upon which it turns
under a tiLle not disclosing the names of the freely in a horizontal plane.
individuals.
COMPASSING. Imagining or contriv.
Sometimes the word is used to represent
ing. or plotting.
tllose members of a partnership wllose names
do not appear in the name of tbe firm. See COMI'ATERNITAS. In the canon
12 'roullier. 97. law. A kind of spiritual relationship con�
traeted by baptism.
COMI'ARATIO LITERARU1I!:. In the
eivll law. Comparlson of writings. or lmnd� COMPATERNITY. Spiritnal affinity, 0
wJ�t�rgs. A modE of r-a'oof allowed in cer· contracted by sponsorship Sn baptism.
tR:n l.ases.
COMI'ATIBILITY. Such relation and
()().lI1I'ARATIVE JURISI'RUDENCE. conSistency between the duties of two offices
Tle ·tudy of the princi ples of legal science that they may be beld and filled by one per..
Oy the comparison of various systems of law. son. E
C O M I' A R A T I V E NEGLIGENCE. COMPEAR. In Scotch law. To appear.
That doctrine in the law of negligence by
COMI'EARANCE. In Scotch practice.
which the negligence of the parti es is
compared, in the degrees of "slight, "
Appearance; an appearance made for a de. F
fendant; an appearance uy counsel. Bell.
"ordinary," and "gross" negligence, and
a recovery permitted, notwithstanding the COMl'ELLATIVUS. An adversary or
contributory negligence of the plaintiff, accuser.
wben the negligence of the plaintiff is
Compendia sunt d!spendia. Co. Lltt.
slight nnd the negligence of the defend�
305. Abbreviati ons are detriments.
ant gross, but refused when the plaintiff
has been guilty of a want of ordinary care, COMI'ENDIUM. An abridgment, syn-
thereby contributing to his injury, or when opsis, or digest.
the negligence of the defendant is not gross,
COMI'ENSACION. In Spanish law. H
but only ordinary or slight, when compared,
Compensation; set,..01l. The extinction of •
under the circulUstances of the case, with
debt by another debt of equal dignity.
the contributory negligence of the plaintiff.
3 Amer. & Eng. Ene. Law, 367. See 103 TIl. COMI'ENSATIO. In the civil law.
512; 115 Ill. 358, 3 N. E. Rep. 456; 82 Ill. Compensation, or 8et�off. A proceeding re­ I
198; 1 Shear. & R. Neg. §§ 102. 103; \Vbart. sembling a set�off in the common law. being
Neg. § 334. a claim on the part 01 the defendant to have
an amount due to him from the plaintiff de­
C O M I' A R I S O N OF HANDWRIT­
ducted from his demand. Dig. 16, 2; Inst.
ING. A comparison by the j u xtaposition
4, 6, 30, 3�; 3 Bl. Com ill . 305.
J
ot two writings, in order, by such compari�
150n, to ascertain whether both were written COMPENSATIO CRIMINIS. (Set.off
by the same person. of crime or gUilt. ) In practice. The plea of
A method of proof resorted to where the recrimination i n a suit for a divorce; Lhat is.
genuineness of a written document is dis� that Lhe complainant is guilty of the same K
puted ; it consists in comparing the hand� kind of offense with which the respondent is
writing of the disputed paper with that of charged.
another instrument which is proved or ad�
COMPENSATION. indemnification ;
mitted to be in the writing of the party sought
to be charged, in order to infer, from their
payment of damages; making amends; that l
which is necessary to restore an injured party
identity or similarity in this re�pect, that
to his former position. An act which a court
thtiy are the work of the same hand.
orders to be done, or money which a court
COMI'ASCUUM. Belonging to com­ orders to be paid, by a person whose acts or
monage. Jus compascuum, the right of omissions have caused 10SB or injury to an­ M
common 01 pasture. oiher, in order that thereby the person dam�
 COMPENSATION 238 COMPILATION

oUlad may receive equal value tor his 1088, or
be made whole in res pect of bis injury.
Also that equivalent in money which i s paid
to the owners and occupiers of lands taken or
injuriously af'tected by the operations of com­
panies exercising the power of eminent do.
main.
I n the constitutional prov isi on for "just
compensation" for property taken under the
power of eminent domain. this term mpans a
payment in money. Any benefit to the re­
maini n g prop erty of the owner, ariSing from
public works for which a part bas been taken,
can not be considered WI compensati on .
Ala. 83.
As compared with considE:lration and dama8es,
compensation, tn its most careful use, seems to be
between them. Consideration is amends for some­
...hing given by consent, or by the owner's ohoice.
Damages is amends exacted from a wrong·doer tor
Q tort. Compensation i s amends tor something
which was taken without the owner's choice, yet
without commission of a tort. l.'hus, ono should
say. consideration for land Bold j compensation for
land taken for a railway ; damages for a. trespass.
But such distinctions are not l1nifOl'm. Land dam·
ages is a common expression for compensation for
lands taken fol' public use. Abbott.
The word also Signifies the rem u ne ration
or wages given to a n e mploy e or officer.
i t is not exactly synonymous with "salary. "
See 76 Ill. 548.
In the Civil, S cot ch, and F ren ch law.
R eco up m ent ; Bet·of!. The meeting of two
debts due by two parties. where the debtor
in t he one debt is the creditor in the other;
that is to say, where on e person is ooth
debtor and creditor to another, Hnd there­
fo re, to the extent of what is d ue to him,
claims allowance out of the sum that lle is
tics. or the absence of those disabilities,
which render 8 w itness l egally fit and quali.
fied to give testim ony in a court of justice.
The-term is also applied, in the same sense,
to docu ments or other written evidence.
Competency differs from cred i bi lity. The
former is a quest ion which arises before can ..
sidering the evidence given by the witnes8;
the latter concerns the degree of credit to be
given to hi8 story. The former denotes the
personal qualification of the witness; the
latter his veracity. A witness may be com..
petent, and yet gi ve incredi ble tesLi m on Yi he
42 may be incompetent, and yet his ev idence , it
r eceived , ue perfectly credible. Competency
is for the co u rt ; credibility for the j ury.
Yet in some cases the term "credible" is used
as an e quivalent for ii competent." Thus,
in a slatute rel ati ng to the executio n of will s,
the term uCl'edible witness" i8 held to mean
one who is entitled to be examined and to
give evidence in a court of j ustice ; not nec­
essarily one who is personally worthy of be­
lief, but one who is not d i squali fi ed b,
imbecility, interest, crime. or other cause. 1
Jarm. Wills, 124; 28 Pick. 18.
In French law. Competency, as applied
But to a court, means its right to exerci8e j uris­
diction in a particular case.
COMPETENT AND OMITTED. In
Scotch practice.
A ter m applled to a pleu
which mi gh t have been urged by a part}'
during the dependence of a cause, but which
had been omitte d. Bell.
C O M P E T E N T EVIDENCE. Thai
which the very nature of the thing to be
proven requires, as the produ ction of. 8 wI·jt..

d ue. Bell; 1 Kames, Eq. 395, 896. il}g wbere its contents are the subject of in·
Compensation is of three kinds,-legal, or by qUiry. 1 Green!. Ev. § 2; 1 Lea, 504.
operation of law j compensation by wily of excep­
COMPETENT WITNESS. One who II
tion j and by reconvention. 16 La. Ann. 181.
legally qualified to be heard to tesLify In a
COMPERENDINATIO. In the Roman cause. See Col1PE1'ENCY.
law. The adjou rnment of a cause. in order
COMPETITION. In Scotch practice .
to hear the parti es or their advo cates a 8ec·
The contE'st among creditors claiming on
ond time; a second hea ring of the parties to
their respective dili gences, or credi tors claim.
a cause. Calvin.
ing on their securities. Dell.
COMPERTORIUM. In the civil Jaw.
COMPILE. To compile i. to copy from
A judicial inquest made by delegates or com·
various authors into one work. Between a
missioners to find out and relate the truth of
compilation and an .abridgment there is 8
a cause.
clear distinction. A comp ila ti on consists of
COMPERUIT AD DIEM. In p ractice . selected extracts from di fferent Ruthors; an
A plea in an action of debt on a bail bond abridgm e nt is a condensation of the vi e ws 01
that the defen dant appeared at the day re­ one auLhor. 4 McLean , 306, 314.
quired.
COMPILATION. A literary production,
COMPETENCY. In the law of evi­ composecl ot the works of others and arranged
den�e. Tbe presence of those cbaracteris- in a methodical m a nner.
 COMPLAINANT 239 COMPOUND

COMPLAINANT. In practle.. On. COMPOSITION. An agreement, made

who applies to the courts for legal redress; upon a sufficient consideration, bet ween an
one wbo exhibits a bill of complaint. This insolven t or embarrassed debtor and his
" the proper design:ltion of one suing in creditors, whereby the latter, for tbe sake of
e'1 uity. thuugh " plainti ff " is oft en used i n immediate payment, agree to accept a divi­
eq uity proceedings as well as at l aw . dend less than the whole amount of their
claims, to be distributed pro rata, in dis­
COMPLAINT. In oivil practice. In charge and satisfa.ction of the whole.
those states having a Code of Civil Proced­ " Composition " sbould be distinguished tram
ure, the complaint is the nrst or initiatory " accord. " The latter prope.ly denotes an a.rrange­
plead ing on the part of the plai ntitf in a civil ment between a debtor and a single c.editor for .
discharge ot luG obligation by a part payment or
actio n. It corresponds to the declHcation i n
aD di1ferent terms. The former designates an ar­
the common-law practice. Cod e N . Y. § 141.
rangement between 0. deUtor and tbe whole body
The complaint shall contain: (1) l'he tit.le of the at bis creditors (or at least a considerable propor­
cause, specifying the name of the court in which tion of them) for the liquidation of their claims by 0
lobe nction is brought, the name of the county in the dividend offel'od,
whicb the t.ial is required to be had, and the names '
of the parties to the action, plaintiff and defend­
In ancient law. Amo ng the Franks,
ant. (2) A plain and concise statement of the Gotbs, Burgundians. and other barbaro us
facts constituting a cause of action. without un­ people3, this was the name gi ven to a sum of
necessary .epetitiou ; and each materia.l allegation money paid, as satisfaction for 8 wrong or
.hall bo distinctly numbered. (8) A demand of
person al injury, to the person harmed. or to
E
the reUet to which the plsintift supposes himself
entitled. If the .ecovery of money be demandcd, his family if be died. by the aggr�ssor. It
t.he amount thereot must be stated. Code N. C. was originally made by mutual agreement of
1883, \ 288. the parti es . but afterwards established by
In criminal law. A charge. preferred law. and Look the place of pri vate physical F
before a magistrate having jurisd iction , that vengeance.
a perso n named (or an unknown person ) has
COMPOSITION DEED. An agreement
eummitted a specified offense, with an offer
e m bodyi ng the terms of a compo,�ition be.
to prove the fact. to the end that a prosecu­
tion may be instituted. It is a technical
tween a debtor and his creditor8.
G
te rm . descriptive of pro ceedi ngs before a COMPOSITION IN BANKRUPTCY.
magistrate. 11 Pick. 436. An 8 nange men t between a bankrupt and bis
The complaint is an ullegation, made before cred ito rs , whereby the amount he can be ex­
a propel ruagist.ate, that a person has been guilty pected to pay is liq u ili ate d, and he i s allowed
of a designated pubUc offense. Code Ala.. 1886, to retain his assets, upon condition of his H
\ 4255. m aking the payments agreed u po n .
COMPLICE. One who is united with
COMPOSITION OF MATTER. A
others ill an ill design; an associate; a COD-
m i xt u re or ch em ical comoi nation of m a.-
federate; a n accomplice. t erials. I
COMPOS MENTIS. Sound of m ind . COMPOSITION OF T I T H E S . or
Ha vi ng use and control of oue's mental fac­ REAL COMPOSITION. Thi. aris•• In
ult i es . Eng1 ish ecclesiastical law, when an agree·

COMPOS SUI. Hav i n g the lise of one's ment is made between the ownerof lands and J
limbs, or the power of bodi ly motion. Sifuit the incumbent of a benefi ce. with the consent
ita compos sui quod itine7'ore potuit de loco of the ordinary and the patroD, th at the l ands
in locum. if he bad 80 far the use of bis 1 imbs shall. for the future. be discharged from pay­

as to be able to travel from place to place. m en t of tithes, by reason of some land or Ii

Bract. tol. 14b. other real recomplmse given in lieu amI sat. n
isfaction thereof. 2 DI. Comm. 28; 3 Steph.
COMPOSITIO MENSURARUM. T he Colllm. 129.
ordinance of measures. The title of an ao­
ci en t ordinance, not printed, mentioned in
COMPOST. Several sorts of soU or earth

the stat·ute 23 Hen. VIII. c . 4; esta bli shi n g

and other matters mixed. in order to make L
a fi ne kind of mould for fertil iz ing lands.
R stsnu1lrd of measnres. 1 BI. Corom. 275.
COMPOTARIUS. In old E n glish law.
COMPOSITIO ULNARUM ET PER­
.A party accou nting. Fleta, lib. 2, c. 71, § 17.
TICARUM. The statute of ells and perches.
The title of an E ngli s h statute establishing COMPOUND. To compromise; to effect M
\ standard of measures. 1 HI. Comm. 275. a co m po si tio n with a creLlitor; to obtain dis·
 C011POUND INTEREST 240 COMPUTATION

chargb from a debt by the payment at a Compromissarit Bunt judices. Jent.

I!Imailer sum. Cent. 128. Arbitrators are judges.
C O M PO U N D INTEREST. Interest COMPROMISSARIUS. In the elvU
upon interest, i. e., when the interest of a sl1m 1aw. .An arbitrator.
of money is added to the principal, and then
COMPROMISSUM. A submission t<>
bears interest, which thus becomes a sort of
secondary principal. arbitration.
Compromissum ad similitudinem ju­
COMPOUNDER. In Louisiana. The diclol'um redigitur. A compromise is
maker of a composi tion. generally called the brought into affinity With jUdgments. 9 Cush.
"amicable compountler." 571.

COMPOUNDING A FELONY. The COMPTE ARRiilTE. Fr. A compto

offense committed by a person who, having arrete is an account stated in writing. and ac�
been directly injured by a felony, agrees with know ledged to be correct on its face by the
the criminal that he will not prosecute him. party against whom it is stated. 9 La. An n.
on condition of the latter"s maldng reparation. 484.
or on rece ipt of a reward or bribe not to pros­ COMPTER. In Scotch law. An ac­
ecute. counting party.
The offense of taking a reward tor forbear_
COMPTROLLER. A public olllccr of a
ing to prosecute a felony; as where a party
stale or municipal corporation, charged with
rabbet} takes his gooLls again, or othor
certain duties in relation to the nscal aff<lirs
amends, upon an agreement not to prosecute.
of the same, principally to examine and audit
29 Ark. 801 ; 4 Steph. Comm. 259.
the accounts of collectors of the public man.
COMPRA Y VENTA. In Spanish Jaw. ey, to keep records, and report the financial
Purchase and sale. situCltion from time to time. Tllere are also
offic ers bearing this name in the treasury de­
COMPRINT. A surreptitious printing partmeu.t of the United States.
of another book-seller's copy of a work, to
COMPTROLLER IN BANKRUPTCY.
make gain therehy. which was contrary to
An officer in England. whose duty it is to re..
com mon law. and is illegal. Wharton.
ceive from the trustee ill each bankruptcy
COMPRIVIGNI. In the civil law. Chil· his accounts and periodical statements show­
dren by a former marriage, ( individually ing the proceedings in the bankruptcy, and
called !lpn'vigni." or "pri'vignre, " ) consid. also to call the trustee to aeCDlI nl. for any
ered relatively to eacb other. Til us, the son misfeasance, neglect, or omission i n the dis.
of a husband by a former wife. and the charge of his duties. Robs. Bankr. 13;
daughter of B wife by a former husband, are Bankr. Act 1869. § 55.
the compri'Digni of each other. lost. 1, COMPTROLLERS O F THE HANA·
10. 8. PER. In English law. Officers of the
COMPROMISE. An arrangf'ment ar. court of chancery ; their offices were abol.
rived at, either in court or out of court, for ish'<i by 5 & 6 Viet. C. 103.
set.tling a dispute upon what appears to the COMPULSION. Constraint; objective
parties to be equitable terms, having regard necessity. ForcilJle inducement to the com­
to the uncert.ainty they are in regarding the misslOn of an act.
facts, or the law and the facts together.
Brown. COMPULSORY. In ecclesiastical pro­
cedure, a compulsory is a kind of writ to
An agreement between two or more persons,
wh o, fOl" preventing or putting an end to a lawsuit, compel tile attendance of a witness, to un­
adjust tbeir difficulties by mutual consent in the dergo examination. Phillim. Ecc. Law,
manner which they agree on, and which every one 1258.
of them pl"ofers to the hope of gaining, balanced
by the danger of losing. 4 La. 456. C O M P U R G A T O R. One of .evera.

In the civil law. An agreement where.. neighbors of a person accused of a crime. 01

oy two or more persons mutually bind them�
selves to refer their legal dispute to the de­
cision of a deSignated third person, who is
terme<: H u mpire" or "arbitrator, II Dig. 4,
8 ; ],1ackeld. Rom. Law, § 471.
Charged as a defendant in a Civil action, who
appeared and swore tbat they believed him
on bis oath. 3 BI. Oomm. 341.
COMPUTATION. The act of comput­
ing. nuwiJering, reckoning. or estimaLing.
 COMPUTUS 241 CONCESSION

The account or estimation of time by r u le of party k nows, a nd ought to communicate, Is

law, as distinguished from any a rbitrary ca l led a "concealment." Civil Code Cal
constr uction of the parti es . Cowell. § 2561.
The terms "misrepresentation" Qnd "coneesJ.­
C O M P U T U S. A writ to comp el 8
Oleut" have 11 known ond definite meaning in 'th�
guotrdian, bailiff, receiver, or accountant to law of insurance. Misreoresentation is the state­
yield up his accou n ts. It is founded o n the mont of something as fact whioh is untrue in
Itatute Westm . 2. c. 12; Heg. Orig. 135. fact, and wbich the assured stntes, knowing it to
be not true, with an intent to deceivo the under­
COM T E . Fr. .A. co unt or earl. In writer, or which he states positively as true, with-
the nncient French law, the comte was an out knowing it to be true. and which bas a tend­
ency to mislead, such fact in either case heiug
OffiCt'f hav i n g juri sdiction over a part icu l ar
material to tbe risk. Concealment is tho designed
district or territory. with functi ons par tly and intent.ional withholding of any fact material
mlli tary and partly j udicia l . to the risk, which the a.ssured, in honesty and
good faith, ought to communicate to the under­
C O N E U E N A FE. In Spanish law. writer; mere silence on the part of the assured, 0
WiLiJ (or in) good faith. especially as to some matter of faot which he does
not consider it important tor the underwriter to
CONACRE. In Irish practi ce. The know, is not to be considered as such concealment.
payment of wages in l,\ n d . the rent ueing If the fact so untruly stated or purposely sup­
worked out in labor at a money valuation. pressed is not material, that is, If the knowledge
01' ignorance of it would not naturally infiuence
Wbarton.
the judgment ot the underwriter in making the E
Conatu8 quid sit, non definitur in contract, or in estimating the degree and character
or the risk, ot in fixing the rate ot the premium. it
jure. 2 BuIst. 277. 'What m
, attempt is, is
is not a "misrepresentation " or "concea.lment, "
Dol <Iel1ned in law. wil.bin the clause of tbe conditions annexed to

CONCEAL. To hide; .ecrete; with hol d polioies. 12 Cush. 416.

F
from the knowledge of oth ers . CONCEDO. I grant. A word used in
Tho word "conceal , " accordi ng to the best old An glo·Saxo n grants, and in statutes
lexicographers, signifi es to w i th hold or keep
merchant.
lecret mental facts from anotl lP r ' s k ll o wledge,
as well as to hide or secrete p bysical o[)jects CONCEPTUM. In the civil Jaw. A G
trom sight or observation. 57 Me. 339. th eft (furtum) w as caned II conceptum, OJ
when t b e th i ng stolen was searched for, an d
CONCEALED. 'fh e term " concealed" fou nd lIpan some person in th e presence of
II not synonYGlous with " lying in wai t. " If witn esses . Inst. 4, 1, 4.
a person conceals himself for t h e purpose of H
shoaLing anolher u n a wares, be is lying i n CONCESSI. Lat. I have granted. At
wuitj but c' persun may, while concealed, common law. in a feoffment or eslate of in­
8hoot another witho u t committing the crime heritance. this word does not imply a war­
of murder. 55 Cal. 207. ranty; i t only creates a covenant in a lease
The term Uconcealed weapons" means weapons for years. Co . Lilt. 384a,. 2 Caines, 194.
willfully or knowingly covered or kept from sIght.
3t Ala. 387. CONCESSIMUS. Lat. We have
granted. A term used i n conveyances, the
CONCEALERS. In old English l a w. eHect of which WBS to create a jOint cov enant
Such as find out concealed la nds ; that is. on the p urt of the gra ntors. J
lands priv ily kept from the king by common
persons having nothing to show for them. CONCESSIO. In old Engl i sh law. A
They are called "a tl'oliulestJID6, distu rbant grant. One of the old common assurances,
IOrt of men; turbulent pe rsons. " Cowell. or forms of conveyance.

Concessio per regem fieri debet de

K
CONCEALMENT. The imprope r sup_
pres5 ion or disgLlisi ng of a fact, circumstance, certitudine. 9 Coke, 46. A gra n t by tbe
or qualification w hic h rests within theknowl· king o ught to be made from certa inty.
etlge of one on Iy of the parties to a con­
tract, hut w h ich ought i n fairness and good
Concessio versus concedentem latam l
intcrpretationem habere debet. A grant
faith to be communicated to t he otber,
ou ght to ha.ve a broad interpretation (to be
whereby the party so con cea ling draws the
libe ra l ly i n terpr eted ) against the grantor.
other into an engagem ent which he would
Jenk. Cent. 279.
IJUt tor his ignorance of the fact
M
not make
ooRcealed . CONCESSION. A grant ; ordinarllyap-
A neglect to communicate that wiJich a pl i ed to tbe grant of specific priv i l p,gel:J by a
AM.DICT.LAw-I6
 CONCESSIT SOLVERE 242 CONCORD

government; French and Spanish grants In ment of the declaration Is trav('rsed and is-­
Louisiana. sue tendered) or offers a verilJcation, which
Is proper where new matter is Introduced.
CONCESSIT SOLVERE. (He grail le<I
In trial practice. It signi ties making
nnd agreed to p ay . ) In English law. An
It the final or concluding address !o the jury or
action of debt upon a simple contract.
Jies by custom in the mayor'!I.court, London. the court. This is. in general. the privilege
.. of th e pal'Ly wliu lias to sustain the burden of
and Bristol city court.
prooL
CONCESSOR. In old English law. A Conclusion also denotes a bar or estoppeli
grantor. the consequence, tiS respects the indi vidual, ot
CONCESSUM. Accorded : conceded. This a jndgment upon the subject�matter, or of hia
term. freq uently used in the old reports. sig­ confession of a matter or thing which tue
nifies that the court admitted or assented to law thenceforth forbidS him to deny.
a pOint or proposition made on the argu­ CONCLUSION AGAINST THE
ment. FORM OF THE STATUTE. The prop­
CONCESSUS. A gralllee. er form for the conclusion of an indictment
for an offense created by statute is the tech�
CONCILIABULUM. A co un cil house.
nical phrase " agai list the form of the statute
CONCILIATION. In French law. The in Buch case made and provided;" or, in Lat­
formality to which intending litigants are in, contra formam statuti.
subjected in cases brought before tile juge de
CONCLUSION TO THE COUNTRY.
paix. The judge couvenes the parties and In pleading. 'rhe tende t of all i ss ue to be
·

endeavors to reconcile them. Should he not tried by jury. Staph. PI. 230.
succeed. the case proceeds. In criminal and
commercial cases, the preliminary of concili� CONCLUSIVE. Shutting up a matter;
ation does not take plac e. Arg . Fr. Mere. shutting out all further evidence; not ad m it.

Law, 552. ti ng of explanation or contrad iction ; putting

an end to inqu iry ; final; decisive.
CON CILIUM. A council. Also argu�
ment in a cause, or th e silting of the court to CONCLUSIVE EVIDENCE. Evidence
hear argument; a day allowed to a defendant which, in its nature, does not admit of ex­
to present bis argument; an im parlan ce. pIn n ati on or cont radictio n i s uch as what is
called " certain circumstantial" ovidence.
CONCILIUM ORDINARIUM. In An­ Burrill. eirc. Ev. 89.
glo-Norman times. An executive and res id�
Evidence which. of itself. whether contra�
uary judicial committee of the .d'ula Regia.
dicted or uncontradicted, explain ed or unex�
(g. v·l p1ained, is sufficient to determine the matter
CONCILIUM REGIS. An ancient En­ at iss ue. 6 Lond. Law Mag . 37a.
glish tribunal, existing during the reigns of
CONCLUSIVE PRESUMPTION. A
Edward I. and Ed ward II., Lo which was re.. rule of law determining the q ua n tity of evi­
fen'ed cases of extraordin ary difiiculty. Co.
dence requisite for Lhe support of a particu1ar
Lilt. 304. averment which is not permitted lo be over�
CONCIONAT-OR. In old records. A come by any proof that the fact is otherwise.
common council man; a freeman called to a 1 Green!. Ev. § 15.
legblative hall or assembly. Cowell.
CONCORD. In the old proces s of levy�
CONCLUDE. 'fo finish ; d�termine; to ing a fine of lands. the concord was an agree-­
-estop; to prevent. ment betwe(!n the parties (real or feigned) in
which Lhe deforciant (or he w ho keeps the
CONCLUDED. Ended; determined ; es­
other out of p ossessi on ) acknowledges that
topped ; pre vented from.
the lauds i n question are the right of cam�
CONCLUSION. The end ; the termina. plainant; and. from the acknowledg ment or
tioo; the act of finishing or bringing to a ad m ission of right thus made, the party who
close. The conclusion of a declaration or levies the fine is called the " cognizor, " and
complaint is all that part which follows tbe th e person to whom it is levied the " cognizce. "
Btatement of the plaintiff ' s calise of action. 2 HI. Com ill . 350.
The concluston of a plea is its n nal clause. in The term also denotes an agreement b�
which the defendant either " p u ts himself tween two persons, one of whom has a righ;
apoll tbe country " (where a m aLerial avel"- of action against the other, settling what
 CONCORD 243 CONDEDIT

amends shall be rn�de for the breach or CONCUBINATUS. In Homan Jaw. An

wrong; a comprom ise or an accord . informal, uns<lnctioned. or " natural" mar ..
In old practi ce. An agr ee ment between riage . as contradistingnished from the justa
two or more, upon a trespass committed. by 1iuptia, or just'U1n mat1' imonium, the civil
way of amends or satis faction for it. Plo wd . marriage.
5, 6, 8. CONCUBINE. (1) A woman who co­
Concordare leges legibus est optimus haujts with a man to whom she is not mar­

interpretan di modus, To make la ws agree ried . (2) A sort of inferior wife. among the
with laws is the best mode of interpreti ng Homans, upon wllom the husband did not
tbem. Halk . Max. 70. confer his rank or qu ality.

CONCORDAT. In public law. A CONCUR. In Lo uisiana. To join with

compact or convention between two or more other claimants in presenting a d eman d
Independ en t gov ernm en ts . again.'')t an insolvent estate.

An agreement made by a temporal sover­ CONCURATOR. In the civil law. A 0

eign with tlle pope, Jalati ve to ecclesiastical j oint or co-curator. or gu ardian.
matters.
CONCURRENCE. In Fren ch law. Th.
In French law. A compromise effected
pos seSS ion , by two or more person s, of equal
by a bankrupt with his creditors, by virtue
rigbts or privileges over the same su bject- E
of wblch he engages to pay within a certain
time a cer ta in proportion of his debts. and by
matter.
which the cl'ediLors agree to discharge the CONCURRENT. Hav ing the same au­
whole of their claims in consideration of the thor i ty ; acting in conjunction; agreeing in
lame. Arg. Fr. .Mere. Law. 553. the sa m e act; contri bu ti ng to the same event;
contemporaneous.
F
CONCORDIA. Lat. In old English
law. An agreement, or concord. Fleta, lib. C O N C U R R E N T JURISDICTION.
5. c. 3, § 5. '1'he agreemen t or u nan imi ty of The ju risdi c tion ot several different tribu­
with the same
G
8 jury. Compellere ad concordiam. Fleta. nals. both authorized to deal
lib. 4, c. 9, § 2. SU bject- m atter at the clloice of th e su itor.

C O N C O R D I A DISCORDANTIUM CONCURRENT WRITS. Dupl icate

CANONUM. The har mony of the discord·
ant canons. A collec tion of ecclesiastical
constitlltions made by Gratian , an
monk, A. D. 1151: more commonly known
origi nals. or several writs ru nning at the same
time for the same purpose. for service on or
Ita lian arrest of a p erson, when it is not known H
where he is to be found; or for service on

by the name ot .. Decretum (Jratiani." se veral persons, as when there are several de.
tendants to an action. Mozley & Wh itley.
Concordia parvre res crescunt et opu­
lentia. lites. 4 lnst. 74. S mal l means in­ CONCURSUS. In the civil law. (1) A I
crease by concord aud litigati on s by opu­ running together j a collision, as conOU1'SUS

lence . creditorum, a conflict a mong creditors. (2)

A concurrence, 01' meeting. HS concursus ac-
CONCUBARIA. A fold, pen, or place
where cattle 11e. Cowell.
tionum, concurrence of actions.
J
CONCUSS. In Scotch law. To coerce.
CONCUBEANT. Lying togetber, as
catt le.
CONCUSSIO. In the civil law. The of­
fense of extortion by threats of violence.
CONCUBINAGE.
informal marriage Which tooh. place among
A species of loose or Dig. 47, 13. K
the ancients, and which is yetin use in 80me CONCUSSION. In the Civil law. The
unlawful fo rcin g of anotber by threats ot
countries. See CONCUlllNA'J.'US.
violence to give som eth in g of value. It dif­
l
'rhe act or prnctice of cohabi ting. in sexu al
fers from robbery. in this: that in robbery
the
commerce, without the au thority of law or a
t hing is taken by force, while in con­
iegal marriage.
An exce pti on against a woman suing for
cussion it is obtained by th reatened violence.
do wer on the ground that she was the COD­
,
Heinec. Elem. § 1071.
cubine. and not the wife, of the man of C O N D E D I T. In ecclesiastical law. M
whose land she seeks to iJe endo wed . Britt. The name of a plea entered by a party to <t

c. 107. libel filed in the ecclesiastical cou rt , in which

 CO;'(DEMN 244 CONDITION

It is pleaded that the deceased made the will certain, (si ee1'ta stt sUpula.tio.) Inst. 3, 16,
which is tbe subjeet of the suit. and that be pr.; rd. 3. 15. pr.; Dig. 12, 1 ; Bract. 101.
was of sounu mind. 2 Eng. Ecc. Ii. 438; 6 103b.
Eng. Ecc. U. 431.
CONDICTIO EX LEGE. In the cIvil
CONDEMN. To find or adjudge guilty. law. An action arising where the law gave
S Leon. 68. To adjudge or sentence. a Bl. a remedy. but provided no approp riate form
Camm. 291. To adjudge (as an admiralty of action. Calvin.
court) that a vessel is a prize. or that she is CONDICTIO INDEBITATI. In the
unfit for service. 1 ]{ent, Camm. 102; 5 civil law. An actioD which lay to recover
Esp. 65. To set apart or expropriate prop· anything which the plaintiff' had given or
erty for public use, in the exercise of the paid to the defendant, by mistake, anti which
power of eminent domain. he WHS not b on nd to give or pay. either in
CONDEMNATION. In admiraJty law. fact or i n law.
The judgment or senteuce of a COlll't bav4 CONDICTIO REI FURTIVlE. In tbe
lng j urisdiction and acting in rem, by which civil law. An action which lay to recover a
(I) it ia declared that a vessel which has th i I1g stolen, ll.gaiust the thief himself, or bis
been cnptnred at sea as a prize was lawfully heir. lnst. 4. 1, 19.
80 seized and i s liable to be treated as prize;
or (2) that property which has been seized CONDICTIO SINE CAUSA. In the
for an alleged violation of the revenue laws, civil law. .An action which lay in favor of a
neutrality laws. navigation laws. etc., was person who had given or promised a thing
lawfully so seized, and is, for sllch cause, for­ without consideration, (causa.) Dig. 12, 7 :
feib�d to the government; or (3) that the ves­ Cod. 4. 9.
sel which is the subject of inquiry is unfit CONDITIO. Lat. A condition.
and unsafe for navigation.
Conditio beneficialis, quoo statum con­
In the civil law. A sentence or judg­
struit, benigne secundum verbol'um in·
ment which condemns some one to do, to give,
or to pay something. or which declares that ten ti on em est interpretanda; odiosa au­
tern, qum statum destruit, stricte secun·
his claim or pretensions are unfounded.
dum verborum proprietatem accipienda..
CONDEMNATION MONEY. In pra,,"" 8 Coke, 90. A beneficial condition, which
tice. The damages which tbe party failing crrates an estate, ought to be construed fa·
i n an action is adjudged or condemned to vorably. according to the intention of the
pay; sometimes simply called the " condem­ words ; but a condition w hich destroys an
nation. " estate is odious, and ought to be construed
..As used in an appeal-bond, this phrase strictly according to the leLter of the words.
meaua the damages which should be awarded Conditio dicitur, cum quid in casum
against the appellant by the judgment of the
incertum qui potest tendere ad esse aut
court. It does not embrace damages not in· non esse, confertur. Co. Litt. 201. It is
oluded in t.he judgment. 6 Blaeld. 8. called a "condition," when something is given
CONDESCENDENCE. In the Scotch on an uncertain event. which may 01' may
law. .A purt of the proceedings in a cause, not come into existpnce.
setting forth the facts of the case Oll the part Conditio illicita habetur pro non ad·
of the pursuer or plaintiff. ject§:. An unlawful conditiou is deem ed as
not annexed.
CONDICTIO. In Hornan law. A gen­
eral term for nctions of a personal nature. Conditio prrecedens adimpleri debet
founded upon an obligation to give or do a prius quam sequatur effectus. Co. Litt.
certain and defined thing or service. It is 201. A condition precedent must be fulfiUed
distinguished from vindicatio ni. which is before the effect can follow.
an action to vindicate one's right of property
CONDITION. In the civil law. Th.
in a thing by regaining (or retaining) pos­
rank, situation, or degree of a particular per·
session of it against the adverse claim of the
son in some one of the different orders at
other party.
society.
CONDICTIO CERTI. In the civil law. An agreement or stip ulation in regard to
An action which lies upon a promise to do a some uncertain future event, not of the es·
thing, where such promise or stipulation is sential nature of the transaction, but an·
 CONDITION 245
nexed to it by the parties, providing for a
change or modi OcaLion of their legal relations
upon its occurrence . Mackeld. H.om. Law,
§ 184.
In the civil law, conditions are of the fol­
lowing several kinds:
TIll:' casual oondition is that wllich depends
011 chance. a D d is in no way in the power
either of the creditor or of the debtur. Civil
Code La. a..�. 2023.
A mixeci cond ition is one that depends at
the same time on the will of one of the par­
tieB and on the will of a. lh il'd person, or on
the will of one of Lhe parties Ilnd also on a
c.-l811a] event. Civil Code La. art. 2025.
The pf)testative condition is that which
makes tlle execution of the agreement depend
on an event which i t is in the power of the
one or the oUler of ihe contracting parties to
bring about or to hinder. Civil Code La.
art. ;1024.
A " esolutory condition is one which de­
stroysor releases all ohligation already vested.
as soon as the condition is fullilled.
A 8uspensi've condition is one which post·
pones the obligation until the happening of a
future and uncertain event, or a prt.lsent but
unknown event.
In Frenoh law. In French law. the fol­
Jowing peculiar distinctions are made: (1)
A condition is casu-elle when it depends on a
chance or hazard; (2) a condition is potesta-­
title when it depends on the accomplish ment
of something which is in tue power of the
party to accom plish; (3) a condition is mixte
when it depends partly on the will of the
party and parlly on the will of others ; (4) a
condition is suspensive when it is a future
and uncerta i n event, or present but unknown
event, upon which an obligation takes o r
fails to take effect: (5) a condition is ?"l:$ol'l�
toi1'e when it is the event which undoes an
obligation which has already had effect as
8uell. Brown.
In common law. Therank, situation, or
degree of a particular person in some one of
the different orders of SOCiety i or his t,'tatlt,S
or situation, considt�redas H. j uridicial person,
arising from posiLive law or the institutions
of socieLy.
A clause in a contractor agreement which
bas for its objecli to suspend. rescind. or
modify the pl'incip,ti obligation. or, in case
of Il will, to suspend, revoke. or mouify the
devise 01' bequest. 1 Bouy. lnst. no. 730.
A modus or quality annexed by him that
hath an estate. or interest or right to the
lSame, whereby an e!l'{ate, etc., may either \)e
CONDITION
t!oft>ated . enJ::\rged. or created upon an uncer�
tain event. Co. Litt. 20la.
A qua.lification or restr;ction annexed to a
conveyance of lands, whereby it is provided
that in case a particular event does or does not
happen, or in case the grantor or grantee does
or omits to do <L particular act. an estate sba\1
commence, be enlarged, or be defeated.
Greenl. Cruise. Dig. tit. xiii. c. 1. § 1.
T h e different kinds of conditions Imown to
the common law nre defined under their ap­
propriate names i n the following titles. A
further classification is, however. here sub­
jOined:
Conditione are either express or implied. D
They are express when they nppear in the
contract; they are implied whenever they re.
sult from the opera.tion of law, from the
nature of the contract, or from the presumed
intent of the par Lies. Civil Code La. art. E
2026.
They are possible or impossible; the for­
mer when they admit of performance in the
ordinary course of events; the latter wben
it is contrary to the course of nature or
F
human limi tations Lhat they should ever be
performed.
l..'hey are lawful or unlawful,. the former
when their character is not in violation of G
any rule, principle, or policy or la w ; the lat-
ter when they are such as the law will not
allow to be made.
They are consistent or ,'epugnant,. the
former when they are in harmony and H
concord with the other parts of the trans­
action; the latter when they contradict. an­
nul, or neutralize the main pu rpose of the
contract. Repugnant conditions are also
called " inMns ilJle. "
They arB independe-nt, dependent , or
mutual; the first when each of the two COll_
diLions must be performed without any ref­
erence to the other; the secund when the per- J
formance of one is not Obligatory until the
actual performance of the other; the third
when neither party need perroI'm his con­
dition unless the other is ready and willing to
perform bis. K
Synonyms distinguished. A " condi_
tion" is to be distinguished from a limita tion.
in that the iat.ter may be to or for the benefit
of a stranger, who may then take advantage L
or its determination. while only Lhe grantor,
or tllose who stand in his place. can take ad.
vantage of a condition. (16 Me. 158;) and iD
that a limitation ends the estate without en· M
try ol' c1<lim, which is not trueof a conll ition.
It also differs from a conditional limitation:
 COKDITION AFFIRMATIVE 246 CONDITI ONAL DEVISE

for in the latter the estate is limited over to without any words used by the party . Co.
a third person, while i n case of a s imple con· Litt. 201a. See CONDI'l'ION IMPLIED.
dition it reverts to the grantor, or his beirs
CONDITION INHERENT. A con·
or devisees. It differs also from a c01)enant,
dition annexed to the rent reserved out of the
which can be made by either grantor o r gran­
land whereof the estate is made; or rathE'I (.0
tee, while only the grantor can make a COD· .
the estate in the land, in respect of rent, etc.
dition, (Co. Litt. 70:) A cha1',q8 is a devise
Shep. Touch. 1 1 8.
of land with a be'q uest out of th e s u uject.
matter, and a cbarge upon the devisee per­ CONDITION NEGATIVE. A condi.
son ally. in respect of the estate dC:lvised, gi yes tion which consists in not doing a th in g i liS

him an estate on condition. A condit i o n also provided that the lessee shall not alien, etc.
differs from a rema'inderj for, while the for­ Shep. TOllch. 118.
IDeI' may operate to defeat the estate before
CONDITION POSITIVE. O n e which
its natural termination, the l at t er cannot take requires that an event shall happen or an act
effect until the completion of the p receding
be done.
estate.
CONDITION PRECEDENT. A con·
C O N D I T I O N AFFIRMA rIVE. A
dition precedent is one which is to be per­
condit i on which consists in doing a thing;
formed before some right depe ndent thereon
as provided that the lessee shall pay rent. etc.
accrues, or some act dependent thereon is per­
Shop. To u ch . 118.
formed. Civil Cod. Cal. § 1436.

CONDITION COLLATERAL. A con· A conditi on which must hap pen or be per­

di tion where the act to be done is a collateral formed before t h e estate to which it is an­

act. Shep. Touch. 118. nexed can vest or be en larged .

Conditions may be precedent or subsequent. In
CONDITION COMPULSORY. A con­ the former, the condition must be performed before
the contract becomes absolute and obliga.tory up­
dition expressly requiring a thing to be done;
on the other pa.rty. In the lutter, the breach ot
as that a lessee shall pay £ 10 such a day, or n
the co diti o n may destroy the party's rights under
his lease s aall be void. Sbep. Touch. 118. the contract, or may give a right to damages to the
ot.her pa ty, according to n true construction of the
r
CONDITION COPULATIVE. A con­ intention of the parties. Code Ga. LS82, § 27'22,
dition to do divers things. Shep. Touch.
CONDITION RESTRICTIVE. A con·
118.
dition for not doing a thing; as that the lessee
CONDITION DISJUNCTIVE. A con­ shall not alien or do waste, 01' the like. Shep.
di tion req uiri n g one of several tl1 i ngs to be Touch. 118.
done. Shep. Touch. 118.
CONDITION SINGLE. A condition to

CONDITION EXPRESSED. A con­ do one thing only. Shep. 'follch. US.

dition expressed in the deed by which it is CONDITION SUBSEQUENT. A con·

created, (conditio exp1'eSsa.) 2 Crabb, Heal
dition subsequent is one r e ferr ing to a future
Prop. p. 792. § 2127; Bract. fol. 47. A con­
event. upon the happe n i ng of wilich the ob·
diti on annexed, by express words. to any
ligat io n becomes n o longer binding upon the
feotfmE'llt, lease. or grant. Tarmes de la
other party . if he chooses to avail h imself of
Ley.
the cond it ion. Civil CoJ e Cal. § 1438.
A conditi on ann exed to an estate already
CONDITION IMPLIED. On. which
the law infers or presumes, from t.he nature vested. by the pe rform ance of which such

of the transaction or the cond uct of the par. estate is kep t and conti nued, and by the fail.
ties, to have been taCitly understood bet.ween ure or non·performance of which it is defeat.

them as a part of the agreement, although ed. Co. Litt. 201; 2 B l. Comm. 154.
not expressly mentioned.
CONDITIONAL. That which lS d epend­
ent upon llr grant ed subject to a condition.
CONDITION IN DEED. F r. condi­
tion en fait.. A condition expressed in a COND��IONAL CREDITOR. In the
deed. (as a feo tIme nt, lease, or grant ,) i n civil law. A creditor having a future right
plain words. or legal terms of law. Cowell i of action, or hav in g 8, right of action in ex­
Co. Li Lt. :lOla. See CoNDITION EXPU,ESS.ED. pectancy. Dig. 50. 16. 54.

CONDITION IN LAW. A condit i on CONDITIONAL DEVISE. A condi·

t<lcitly created or an nexed to a grant, by law. tional disp ositio n is one which d epends lipan
 CONDITIONAL FEE
tho occurrence of some uncertain event, by
wh iciJ it is either to take effect or be defeat­
ed. Civil Code Cal. § 1345.
CONDITION AL FEE. An estate re­
peciallythose which are against [in restraint
of] marriage and commerce. LoiIt. Appen.
atra.i ne d to some particular heirs, exclusive
of olhers, as to the beirs of a man body. by dix, 6�.
'5
which only his lineal descendants were ad­
mitted, in exclusion of oollateral ; or to the
heirs male of his body, in exclusion of h ei rs
female. whether li neal or collateral. It wns
called a "(;onditionai fee, " by reason of the
condition expressed or imp lied in the dona.
tion of it t hat, if the donee died without s uch
partic ular heirs, the land should re ve rt to
the donor. 2 Bl. Comm. llO.
O ne
CONDITIONAL L E G A C Y .
which is liable to take effect or to be defeated
according to the occurrence or non·occur�
.rence of some ullcertain event. were more tban lUere jU7'a in re aliena. be­
CONDITIONAL LIMITATION. A ing portion of the dominium itself. altbough
c oudition followed by a limitation over to a they are commonly distinguished from the
tiJirJ person in case the condition be not ful­ dominium strictly so called . Brown.
filled or there be a breach of it.
CONDONACION. In Spanish law. The
A conditional limitation is where an estate Is so
expressly defined and limited by the words of its
creation that it cannot endure for any longer time
than till the contingency happens upon which the
1 Steph. Comm. 809.
estate is to fail Between
oonditional limitations and estates depending on
conditions subsequent there is this difference :
thu.t in the former the estate determines as soon
as the contingency happens ; but in the latter it
endures until the grantor or his heirs take ad­
vantage of the breach. Id. 310.
CONDITIONAL OBLIGATION. An
.obligation is conditional when the rights or
duties of any party thereto depend upon
the occurrence of an uncertain event. Civil
Code Cal. § 1434.
The Louisiana Code defines conditional ob­
ligations as those which result from the op­
eration of law, from the nature of the con­
tract, or from the pres u med intent of the
parties. 2 La . Ann. 989.
CONDITIONAL S A L E . A sale in
which the transfer at title is made to depend
upon the performance of a condition.
Conditional sales are distinguishnble from mort­
gages. 'l'hey are to be taken strictly as independ­
ent dealings between strangers. A mortgage i.s
security for a debt, while a conditional sale is a
purchase for a price paid, or to be paid, to become
absolute on a particular eventj or a purchase ac­
companied by an agreement to resell upon partic­
ular terms. Q Ala. 24..
CONDITIONAL STIPULATION. In
the civil law. A stipulation to do a thing
upon condition, as the bappening of any
"in'ent.
�47 CO:;DUCTIO
Conditiones qurelibet odiosre ; maxima
autem cont.ra matrimonium et commer�
cium. Any conditions are odiotls, but es­
CONDITIONS CONCURRENT. Con­
ditions concurrent are those Which are mut­
ually dependent, and are to be performed at
the same time. Civil Code Cal. § 1437.
CONDITIONS OF SALE. The terms
upon which sales are made at auction; usual­
ly written or printed and exposed in tue auc-
tion room at the time of sale.
0
CONDOMINIA. I n t i l e civil law. Co­
ownerships or limited ownerships, such as
emphyteusts, superjitJies, pignus. hypotheca.
and habitatio. These
E
ususfruttns, ttsu.s,
F
remission of a debt, either expressly or tacit-
ly.
CONDONATION. The conditional re­
G
mission or forgi veness, by one of the married
parties. of a matrimonial offense committed
by the other, and which would constitute a
calise of divorce; the condition being th at
the offense shall not be repeated. See Ci vii
Code Cal. § 115; 3 Hagg. Ecc. 351. 629. H
"A blotting out of an offense [against the mar­
ital relation] imputed so as to restore the offend­
ing party to the same position he or sbe occupied
was w .
before tho offense committed. » 1 S ab & T.
334.
Condonation is a conditional forgivoness found­
ed on a full knowledge of all antecedent guilt. 36
Ga. 28,6.
CONDONE. To make condonation ot.
J
CONDUCT MONEY. In English pmc-
tice Money paid to a witness who has been
,
subprenaed on a trial I sufficient to defray the
reasonable expenses of going to, staying at,
and returning from the place of trial. Lush, K
Pro 460; Archil. New Pro 639.
a. CONDUCTI ACTIO. In the civil law.
An action wbich the hirer (condrlCto1') of a
th i n g might have against the letter, (locato}',)
Illst. 3. 25 PI'. 2.
.
l
CONDUCTIO. In the civil iaw . A hil­
tng. Used generally in connection with the
term locatio. a letting, LocaUo et conduc­
tio, (sometimes united as a compound word,
," locatio-cond'ltctio, " ) a letting and. biring
 CONDUCTOR 248 CONFESS ION

Inst. 3, 25; Bract. fol. 62, c. 28; Story, Bailm. however, retain their sovereign powers for
§§ 8, 368. domestic pu rposes and 80me others. See
li'EDERAL GOV.li:RNMENT.
CONDUCTOR, In the civil law. A
hirer. CONFEDERATION. A league or com·
CONDUCTOR OPERARUM. m tho pact for mutual support, particularly of
eivi1 law. A. person who engages to perform princes, nations, or states. Such was the
a pie ce of work for another, at a stated colonial government during the Revolution.
price.
CONFERENCE. A meeting of several
CONDUCT US. A thing hired. persons for deliberation. tor the interchange
of opinion, or ror the removal of differences
CONE AND KEY. In old English law.
or disputes. Thlls. a meeting bet.weeo a
A woman at fourt.een or jjrleen years of age
counsel and solicitor to advise on the callse
may take charge of her house and recei ve
of their cHeu t.
cone and key; that is, keep tllO accounts and
In the practice of legislative bodies, when
keys. Cowell. Said by Lord Coke to be
the two houses cannot agree upon a pendillg
CO'ceT and 7"eye, meaning that at that age n
measure, each appoints a committee of "con­
woman knew what in ber 1101156 should be
ference, " and the committees meet and conw
kept under lock and key. 2 Inst. 203.
suit together for tbe purpose of removi ng
C ONFARREATIO. In Roman law. A di ff� l'en ces . harmonizing conflicting views,
sacrifichh rite resorted to by marrying per- and arrangi n g a compromise wuich will be
80ns of high patrician or priestly degree. for accepted by ootb bouses.
the purposeof clothing the husband with the In international l aw. A. personal meet�
manu·s over his wifej the civil moues of ef- iog between the diplomatic agents of two or
fecting the same thing being coemptio.(form- more powers. for the purpose of making
al,) and US'lts 11I.Ulie1'is, (inl'ormal.) Brown. statements and explanations that will obvi­
ate the delay and diffic ulty attending the
CONFECTIO. The making and compi...
more formal conduct of negotiations.
tiOD of a written instrument.. 5 Coke, 1.
In French law. A. concordance or ideo-
CONFEDERACY. In criminal l aw. tity between two laws or two systems of laws.
The association or banding together of two
or more persons for the purpose of commit­ CONFESS. Toadmit the truth of a charge­
t in g an act or furthering an enterprise which or accusation. Usually spoken of charges of
is forbidden by law, or which. though law­ tortious or criminal tonduct.
ful i n itself, becomes unlawful wben made Lhe
CONFESSING ERROR. A plea to an
object of the con federacy. COllSpi1"acy is a
assignment of error, admitting the same.
m ore technical term for this offense.
Tile act of two or more who combine to­ CONFESSIO. Lat. A confession. Con­
gether to do any damage 01' injul"Y to anothw fessio in ;"udlcio, a confession made i n or be­
er, or to do any unlawful act. Jacob. See fore a court.
52 IIow. Pro 353; 41 Wis. 284.
Confessio facta in judicio omni pro­
In equity pleading. An im prope r com­
batione major est. A confession made in
bination alleged to bave boen entered iuto
court is of greater effect than any proof.
between the defendants to a bill in equity.
Jenk. Cent. 102.
In international law" A Jeague or
agreemenl between two or more independent CONFESSION. In criminal law. A
states whereuy they unite for their mutual voluntary statement made by a person
wclfme antI the furtherance of their common charged \\' ith the commission of a cr ime or
ttims. The lerm may ilpply to a un i on BO misdemeanor, communicated to another per­
formed for a te m po rary or limited pu rpose, son, wherein he acknowleuges b imself to be
as in the case of an offenSive and defensive guilty of the offense charged, and discloses
alliance; but it is more commonly used to the circu mstances of the act or the share and
denote that spol"ies of political connection participat ion which h e had in it.
between two or more independent states by Also tlle act of a prisoner, when arraig ned
which a central guvernment is crea.ted, in­ for a crime or misdemeanor, in acknowledg­
vested with certain powers of sovereignty, ing and avowing that be is guilly of the
(mostly external,) and acting upon the sev­ offense charged.
eral compouent states as its uuits, wUlch, Judicial corifessions are tiJus!;: maue before
 C O:>l FESSl ON 249 CONFIRMAT. ETC.

a mngistrate or in court in the due course ot propriat.e to create a trust. "It is as appli­
legal proceedings. cable to the s lloject of a trust. as Ilfarly a
Extra-judicial confessions are those made synonym, as the E n glish lan gu age is capable
by the party elsewhere than before a magis· ot. Trust is n con O de nce which one man re­
trate or in open court. 1 Gree nl. Ev. � 216. poses in another. nnd confidence is a trust. "
2 Pa. Sb. 133.
CONFESSION AND AVOIDANCE.
A plea in confession and avoidance is ODe C O N F I D E N T I A L C O M M U N I­
lvhicb avows and confesses the truth of the CATIONS. These are certain classes of
averments of fact in the declaration, either comm n n ications. passi ng between persons
expressly or by i m pl ica tion , but then p roc eeds who stand in 8 conlidential or fid u cia ry rela�
to allege new matter which tends to depri ve Uon to each other, ( or who. o n account of
the filcts admitted of their ordinary legal their reintive sit.uation, arc under a special
effect. or to obviate, neutralize, or avoid duty of secrecy and fidelity.) which the law
them. will not permit to be d i vu lged . or allow them

CONFESSION OF DEFENSE. In
to be inquired into in a court of j llstice. for D
the sake of public policy and the good order
English p ract ice. 'Vhere defendant alleges
of soc i ety. Examples of silch p ri vileged r�
8 ground of defense arising since the com·
lations are those of husba.nd and wife and
mencement of the actio n, the plaintiff may
attorney and client.
deliver co nfessi on of such defense and sign
judg m ent for his cos ts up to the Limo of such CONFIDENTIAL RELATION. E
pleading, unless it be otherwise ordered. A fid uciary relation. These phrases are used
Jud. Act 1875, O rd . XX. r. 3. as convel'tiblr. tErms. It is a pecnliar rela­
tion which ex:i:\ts between client anel attoT�
CONFESSION OF JUDGMENT. The
act ot a debtor in permitting j ud g ment to
ney. principal and agent, pri ncipal and F
surety, landlord and tenant, parent and child,
be entered nga in st him by his creditor, for a
guardian and ward. ancestor and heir , hU8�
Btip lllat�d sum. by a written statement to
band and wife. trustee and cestut que trust,
that effect or by warrant of attorney, with­
exe cutors or administrators and creditors,
out the institution of legal proceedings of
any kind.
legatees, or distributees, app oint er and ap- G.
p o intee under powers, and partners and part
CONFESSO. BILL TAKEN PRO. owners. In these and like cases. the la w, in
In equity practice. A n order which the court order to prevent undue advantage from the

H
of chancery makes when the defendant does unlimited confidence or sense of duty which
Dot file an answer, that the plaintiff may take the relation natu rally creates, requires the
such a decree as the caSe made uy his bill war­ utmost degree o f goo d faith in all transac­
rants. tions between the parties. 57 Cal. 497; 1
SIory, Eq. Jur. 218.
CONFESSOR An ecclesiastic who re­
ceives auricular confessions of sins from per­ CONFINEMENT. Confinement may be
sons under his spi ritu al chargf', and pro­ by ei t her a moral or a phys ical restraint. by
nounceS absolution upon them. The secrets thr eats of violence with a pres('nt furce, or
of the confessional are not privileged cum­ by physical restraint of the per!5on. 1 Sum.
m unications at cummon law. but this has 171.
been chan ged by stntute in some states. See
To co mplet e or establ ish
J
CONFIRM.
I Greenl. Ev. §§ 247, 248.
that which was imperfect or u ncertai n ; to
CONFESSO RIA ACTIO. Lnt. I n the ratify what has been do ne without authority
civil law. An action for enforCi ng a servi· or i n sufficiently.
tude lIlaci(eid. ROlll. Law, § 324. Contirmare est id firmum facere quod K
Confessus in judicio pro judicato priuB infirmum fuit. Co. Lilt. 295. rro

ha.betur, et quodammodo sua sententifi: confirm is to make firm that which was be­

damnatur. 11 Coke, 30. A perso n con­ fore infirm.

fessing his guilt when arrai gu e d i!i deemed Confirmare nemo potest prius quam L
to have been found gui lty. and is, as it were, jus e i accidel'it. No one call confirm be­
condemned by his own sentence. fo re the right Qccruei3 to him. 10 Col<e, 48.

C O N FI D E N C E . TrLlstj relia.nce; Confirm a t UBum qui to lli t abusum.

ground ot t mst. In the constructiou of He co nfirms the use [of a thing] who reo M.
wills, this word is consid ere d peculiarly ap- moves the abuse, [of it. ] Moore, 764.
 CONFIBMATIO 250 CO:"iFLICT UF LAWS

CONFIRMATIO. The conveyance of consecration of the bjshop by the archllishop.

all the communication of a right
estate , or 25 Hen. VIII. c. 20.
that on e bath in or unto lands or tenements,
CONFIRMAVI. Lat. 1 have confirmed.
to another tbat hath the possessi on thereof, The emphatic wOl'd in the a nci e n t deeds of
or s om e other estate therein. whereby a void­
confirmation. Fleta, lib. 3, c. 14, § 5.
able estate is m ade sure and unavoidable. or
w hereby a par tic l1 lar estate is increased or CONFIRMEE. T he gran tee in a deed
e nlarged. Shep . TOllch. 311 j 2 BI. Comm . of confirmation.
325. CONFIRMOR. The grantor in a deed of
C O N F I R M A T I O CHARTARUM. confirmation.
Lat. Confirmation of the charters. A stat­ CONFISCARE. In civil and old Engl!sh
ute p assed in th e 25 Edw. 1.. wh ereby the law. To confiscate ; to clai m for or bring
Great Ch arter is declared to be allo w e d as the into the fisc. or treasury. Bract. fol. 150.
common law; all j u dg m e n ts contrary to it
are declared void j copies of it are ordered to CONFISCATE. To appropriate property
he se nt to all cathedral ch u rches and reatl to the use of the state. 'J'o adj Ildge property
twico a year to the people; and s en tence of to be forfeited to the pub li c treasury; to seize
-excommunication is directed to be as con­ and condemn private forfei te d property to
stantly de no u n ced aga in st. all those that, by public use.
word or deed or counsel, act contrary there-­ Formerly, it appea.rs, this term was used as syn·
onymous with "forfeit, " but a.t present the ru..
to or in any degree infri nge it. 1 BI. Comm.
tinction between the two terms is weU marked.
128. Confiscation supervenes upon forfeiture. The per·
son, by his act, forfeits his property ; the state
C ONFIRMATIO CRESCENS. An en­
thereupon appropriates it, that is, confiscates it.
l arg in g confirmation ; one which enlarge s a
Hence, to confiscate property imp1ies that it has
rightfu l estate. Shep. Tonch. 311. first beeu forfeited; but to forfeit property doe.
not neoessarily imply that 1t will bo confiscated.
CONF I R M A T I O DIMINUENS. A "Confiscation " is also to be distinguished from
di minish ing confirmation. A co nfir m ati on "condemnation n as prize. 'fheformer is theactot
which ten ds and serves to diminish a nd the sovereign against a rebellious subject; the la�
ter is the act of a. belligerent against another bel­
ab ridge the se r v ices w hereby a tenant doth ligerent. Confiscation may be efl'ected by such
hold. operati ng as a release of part. of the means, summary or arbitrary, as the sovereign,
services. Shep. To u ch . 3U. expressing its will through lawful channels, ma1
please to adopt. Condemnation as prize can onl1
C o n fi r m a t i o e s t nulla ubi donum be made in accordance with principles of law
prrecedens est invalidum. Moore. 764; recognized in the common jurisprudence of thl!
Co. Litt. 295. Confirmation Is void where world. Both are proceedings in rem, butconfisca..
tion recognizes the title of the origiual owne r to
the preceding g ift is i nvalid.
the property, while in prize the tenure of the prop­
erty is qualified, provisional, and destitute of ab­
Conflrmatio omnes supplet defectus,
solute ownel'ship. 14 Ct. CI. 48.
licet id quod actum est ab initio non
vuluit. Co. Litt . 295b. Confirmation sup­ CONFISCATION. Tile act of confiscat­
plies all defects, thongh that which had been ing; or of condemn ing and adjudging to the
done was not valid at. the b egin n ing . public treasury.

CONFIRMATIO PERF'ICIENS. A CONFISK. An old form of confisca te.

c on fi rm ati o n which makes valid a wrongful
and defeasi ble title, or ma kes a con ditio nal
esta.te absol u te. Sbep. Touch. 311.
CONFIRMATION. A co n tract by wh ich
that wh ich was i nfi rm , im perfect. or suhj ect
to be a vo ide d is made firm and unavoidable.
A conv ey an ce of an estate or rlght in esse,
whereby a voidable estate ie made sure and
unavoidable, or whereby a par ticu lar estate
is increa sed. Co. J .itt. 295b.
In En glish. ecclesiastical law The rat­
• or
ifi cati on by the archbishop oC the election of
a b is hop by d ean and ch apter unuer tIle king's
.letter missive pri or to the invest m ent and
CONFITENS REUS. An accused per·
son who n dm its his gu ilt.
CONFLICT OF LAWS. 1. An oppos i­
tion, conflict, or antago nis m between differ­
ent laws of the same state or sov ereignty
upon the same su bjeGt-ID;ltter.
2. A similar inconsistenc,}' between the mu­
nici pal laws of d i ITeren t states or coun tries,
arising in the case of persons who have ac­
q uired r i ghts or a status, or m ade contracts,
inc urred obligations, witllin the territory
of two or more states.
3. That urancll of jll risp ruden<:e, iln�Jn g
from thc diversity oi' the laws of diffel'ent na·
 'CONFLICT OF PHESUMPTIONS 251 COXGEABLE

tions in their application to rights and reme­ onymous wit.h " mergrT, " as used in the com�
dies, which reconciles the inconsistency, or de­ mon law. ari s es
It where tw o titles to the
cides which law or system is to govern in the same property unite in the sam e person. 1
par ticular case, or settles the degree of force Wo ods . 182.
to be accorded to tIle law of a fore ign country,
C O N F U S I O N OF BOUNDARIES.
(the acts or ri ghts in question having arisen The title of that branch of equity jurisdiction
-under it.) either where it varies from the do­ wh ich relates to the discovery and settlement
mestic law. or where the domestic law is si­
of conflicting . d isp uted. or uncertain bound­
lent or not exclus ively ap plicable to the case a ri es .
in poi nt. In this sense, it is more prop erly
.called U private in ternational law. JI CONFUSION OF GOODS. The insep­
arable in termixture of p roperty belonging to
C O N F L ICT OF PRESUMPTIONS. differe nt ow ners ; properly confined to the
In this conflict certain rules are applicable, po uring t.o get her of fluids, but used i n a
viz.: (1) Sp ecial talte precedence of general
presumptions; (2) const. ant of casnal ones;
w ider sense to deSignate any i ndis ti nguish - D
able compo und of elemen� bel ong i ng to dif­
(3) pre sum e in favor of innocence; (4) of 10- ferent o wn ers .
gali Ly ; (5) of validity; and, w he n these rules
The term " confusion n is applicable to a mL'ting
fail. tbe matter is said to be at large. Browli. of chattels of one and the same general description,

CONFORMITY. In English ecclesiasti­

differing thus from "accession, " which is where
va.rious materials a.re united in one product. Con­
E
-(lsI law. Ad herenee to the doctrines and fusion at goods arises wherever the goods at two
usages of the Church of England. or more persons a.re so blended as to have become
undistinguisha.ble. 1 Schouler, Pers. Prop. 41.
CONFORMITY, BILL OF. BILL
F
See
.oF CoNFOH.ill I'1'Y. CONFUSION OF RIGHTS. A u ni o n
of the qualities of debtor and creditor in tile
CONFRAIRIE. Fr. In old English same person. The effect of such a union is,
law..A fratern ity, brotherhood , or society.
gen erally, to extinguish the debt. 1 Salk.
Cowell.
305; Oro. Car. 551.
CONFRERES. Brethre n in a relig i o us
CONFUSION OF TITLES. A civ il - G
hOUBeJj fello ws of one and Lila SillU6 soCil:.!t.y.
law expression , synonymous wit.h II merger,"
Cowell.
as nseu in the common la\V. applying w her e
CONFRONTATION. In criminal l.w. two titles to the same pro pe rty unite in the
'The act of setting a wit ness face to face with same person. 1 'Woods, 179. H
\be prisoner. i n order that the latter may
make any objec ti o n he has to the witness. or
CONGE. In the French law. Permis­
sion, leave, license; a passport or clearance
that the witness may identify the accused.
to a yessel j a permi s sion to arm, equip, or
CONFUSIO. Inthecivillaw. l'h e insep­ navigate a vessel.
arable intp.rmixture of p roperty belonging to
different ownerSj it is prope rl y confined to CONGE D'ACCORDER. Le ave to ac­
the pouring togeth er of fluidfh but is some­ cord. A permission granted by the cou rt . in
the old process of le vyin g a fine, to the de--
fe ndant to agree w i th the plaintiff.
times also used of a melting together of met­
als or any com po und formed by the irrecov­ J
erable commixture of different s ubsta n ces .
CONGE D'EMPARLER. Fr. Leave
1L is disti ng ui shed from commixtion by the The privilege of au imparlance.
to imparl.
fact that in t.he latter case a separation may (licentia loquendi. ) 3 HI. COIllIll . 299.
be made, whil e ill a case of confusio there
cannot be. 2 BI. Comill . 405. CONGE D'ESLIRE. A p erm ission or K
l icen s e from tue B riti sh sovereign to it dean
CONFUSION. In Roman and French
and ch apter to elect a bishop , in t i me of va.
law. A m ode of ext ingu ish i ng a debt, by
cation; or to an abbey or pri ory which is of
the conCLlrrt!llCe in the Same person of two
qualities which mutually destl'oy one another.
royal foundation, to elect an abbot or prior. L
'l'his may occur in se veral ways, as where CONGEABLE. L. Fr. L.wful; per­
the creditor becomes the heir of the Liebtor, or missible; allowable. "DisseiSin is properly
tile deiJtor the heir of the creditor, or eiLber where a mall enteretb into any lands or lene�
M
accedes to the ti tle of the oth er by any otu er ments where his entry is not (;ongeable, and
.,m0Je of tra nsfer. puttelh out him that hath the freehold. II
rrhis tel m , a8 used in the ci vi l Jaw. is syu- Li tt . 9 279. See 7 Wheat. 1 07.
 CO� GILDONES 252 UONJURATOR

CONGILDONES. In Saxon law. Fel­ CONJUNCTA. In the civil law. Tiling.

low-members of a guild. joined together or united; as disLingui�hfd
f rom dis}ancta, things disjoined or separated.
CONGIUS. An ancient measure contain­
Dig. 50. 16. 53.
ing about a gallon an ti n pin t. Cowell.
CON JUNCTIM. Lat. In old English
CONGREGATION. A n asscmbly or so­
law. Jointly . Inst. 2. 20. 8.
ciety of persons who together constitute the
principal supporters of a particular parish, or CONJUNCTIM ET DIVISIM. L. Lat.
habi t ually meet at the same church for relig­ In old English law. JoinUy nnd severally.
ious exercises.
In the ecclesiastical Jaw, this term is used CONJUNCTIO. In the civi1 law. Can.
to designaLe certain bureaus at Rome. where ju nction ; connection of words in a sentence.
ecclesiastical matters are attended to. See Dig. 50. 16. 29. 142.

CONGRESS. In international law. ConjuDctio mariti et feminre est de

An assembly of envoys. commissioners. dep­ jure naturre. The union of husband and
uties, etc., from different sovereiguties who wife is of the law of nature.
meet to concert measures for their common
CONJUNCTIVE. A gl'a mmati cal term
good, or to adjust their mlltual concerns.
for particles which serve for joilling or con·
In Americ an law. The name of the leg-
necting together. Thus. the conjunction
1s1ative assembly of the United States. com�
"and" is cal led a " conjunctive, " and "or" a
posed of Lhe senate and house of representa­
"disjun cli ve," conjullction.
tives. (g• •• )
CONJUNCTIVE ODLIGATION. A
CONGRESSUS. The extreme practical
conjunctive obligatioll is one in which the
test of the truth or a charge of impotence
sev eral objects in it are conneded by a COPU4
brought against a husband by a wife. It is
lative, or in any other manner which shows
now disused. Causes C6H:�bre8. 6. 183.
that all of t.hem are severally comprised i n
CONJECTIO. In the civil law of evi. the contract. This coutract creates a s many
dence. A throwing together. Presumption; different obligations as there are different ab-.
the putting of thi ngs together, with the in­ jecta; and. the debtor. when h e wishes to dis­
ference drawn therefrom. cbarge himself. may force the creditor to re­

ceive them separately. Civil Code La. art.

CONJECTIO CAUSE. In the civil 2063.
law. A statement of Lb� case. .A brief syn­
CONJURATIO. In old English law.
opsis of the case given bythe aovocate to the
.A swearing together; a n oath administered
judge ill opening the trial. Cal vin.
to several together; a comuination or con­
CONJECTURE. A Blight degree of cre­ federacy under oath: Co wt::U.
dence. ariSing from evidence too weak or too In old European law. A. compact of
remote to cause belief. the i nhabitants of a cllmmune. or tnllnicipal­
Supposi tion or surmise. The idea or a ity, conOrrned by their oaLhs to each other
fact, suggested by another fact; as a possi­ and which was the basis of Lhe commune.
ble cause, concomitant, or result. BUrl·ill. Steph. Lect. 119.
Circ. Ev. 27.
CONJURATION. In old English law.
CONJOINTS. Persons married Lo each A plot or compact made uy persuna combin­
otller. SLury, Conn. Laws, § 7l.
ing lly oatb to do any public harm. Cowell.

CONJUDEX. In old En gli sh law. An 'The otl'ense of having conference or com­

associate jUdge. Drad. 403. merce with evil spirits, i n order to discovl'r
some secret, or effect some pu rpose, 10.
CONJUGAL RIGHTS. Matrimonial Classed by Blackstone with witcbcraft, eu�
rights; the right which busband and wife cbantment, and sorcery, but distinguished
have to eacb other's society. comfort, and af­ from each or these by other Wri ters . 4 Bl.
tection. Coru m . 00; Coweli.

CONJUGIUM. One of the names ot

CONJURATOR. In old English law.
man-iage, among the Romans. Tayl. Civil
One who sw ears or is sworn wiLh others; one
Law. 284.
bound by o,,[b ,,, itl! others ; a compurgator ;
CONJUNCT. In Scotch law. Joint. a conspirator.
 CONNEC'fIONS 258 CONSANGUINITY

CONNECTIONS. Relations by bl ood or he who brought it Inlu the family ownlniJ 1".
marria.ge. but more commonly the relations 2Bl. Corom. 242, 243.
of a person wiLll whom one is connected by
CONQUEST. In feudal law. Con­
mal'ri<lge. In thi s acnso, the rolations of a quest; acquisition by purchase ; any method
wife are " connections" of her h usband. The of acquiring the ownership of an estate other
term is vague and indefinite. See 1 Pa. St. than by descent. Also an estate acquired.
607. otherwise than by inheritance.
CONNEXITE. In French law. This In international law. The acquisition
exists when t wo actions ar e pe nding ""bich. of the sovereignty of 8 cou n try by force of
although not identical as in lis pende1�s. are arms. exercised by an independent power
so nearly similar in object that it is exp edi­ which reduces the vanquish ed to the submis.­
ent to have them both adjudicated upon by sion of its empire.
tile samo judges. Arg, Fr. Mere. Law, 553. In S cotch law. P u rchas e . Bell.
CONNIVANCE. The secret or intlirect CONQUESTOR. Conqueror. The title D
consent or permission of one person to the given to 'Villiam of Normandy.
commission of an unlawful or criminal act
by another. C O N Q U E T S . In French law. Tho
Literally. a winking at; inte ntional for­ name given to every acquisition which tbe
and wife, jointly or se v erally. make
bearance to see a fault or other act; generally husband
during t.he conj uga\ eomrn unity. Thus. what­
E
Implying consent to it. Webster.
Connivance is the corrupt consent of one ever is acquired. by the husband and Wife,
party to the commission of the acts of the either by his 01' h er industry or good fortune,
other, constituting the cause of divorce. inures to the ex tent of oue-balf for t.he bene-
Civil Code Cal. § 112. fit of the olher. Merlo Uepert. .. C01�quet.
II
F
Connivance differs from condonation, though tbe CONQUISITIO. In feudal and old -:In­
lame legal consequences may attend it. Conniv· glish law. Acquisition. 2 Bl. Comm. 242.
anoo necessarily involves criminality on the part
of the individual wbo connives; condonation may
CONQUISITOR. In fe udal l a w . A pur-
take placo without imputing tho slightest blame
chaser, acquirer, or co nque ror . 2 Bl. Corum. G
to the party wbo forgives the injury, Connivance
must be the aet of the mind beforo the ofYense has 242, 243.
been committed; condonation is the result of a de­
termination to forgive an injury which was not CONSANGUINEUS. A person related
Irnown until after it was inflicted, B Hngg. Ecc. by blood ; a person descended from the same
150. common stock. H
CONNOISSEMENT. In French law. Consanguineus est quasi eadem san­
An inst rum en t similar to our bill of lading. guine natus. Co. Litt. 157. A person re­
lated by consanguinity Is, 8S it wei'e, sprung
CONNUBIUM. In the civil law. Mar­
from the same blood.
riage. Among the Roma.ns, a lawful mar­
riage as distinguished from " concubinage," CONSANGUINEUS F R A T E R . In
(g. t>.,) which was an inferior lIHlrriage. civil and feudal law. A hal f-brother by the
father's side. as dis�inguisbed from /rater
uteri.nus, a brother by t he mother's side.
CONOCIAMENTO. In Spanish law. A
recognizance. Wh ite, New Recop. b. 3. tit. J
7, c. 5, § 3. CONSANGUINITY. The con nection or
relati on of persons descended from the same
CONOCIMIENTO. In Span i , h law. A stock or common ance stor. It is either lineal
or collateral. Lineal is that which SUbsists K
bill of lading. In the Mediterranean ports it
15 called " poUza de cat'gamiento."
between persons of w hom one is descended
CONPOSSESSIO. I n rooelern civil law. in a direct l i ne from the other. as beLween
A.. joint possession. Mackeld. Rom, Law. son, f ath er. grandfather. great-grandfather,
§ 245. and so upwards in the direct asce nding l i n e ;
CONQUEREUR. In Norman and old
or b etw een SOD, grandson, great-grandsnn. L
and 80 downwards in the direct descending
Engli:sh law. 'The first p o rch aser of an es­
line. Collateral agree with the lineal in this,
tate j he who first brought an es tate into his
that they descend ' from the same stock or
family. ancestor; but differ in this, that they do not
C O N Q U E R O R . In old English and desce nd one fl'OIll the oth er. 2 Bl. Corom. M
Scotch Jaw. The first purchaser of au estate j 202.
 CONSCIENCE 254 CONSENT-RULE

CONSCIENCE. This term is not syn­ charged with seltling differences between,
onymous with "princirle." An "objection masters and workmen. They endeavor, in.
on principle" is not the same thing as a " con­ the first instance, La conciliate the parti es.
scientious scruple" or opi n ion. 7 Cal. 140. In default, they adj II ditale upon the q llestio"s
in dispute. Their decisions are tinal up to
CONSCIENCE, COURTS OF. Courts,
200f. Be-yond that amount. appeals lie to
not of record. constituted by act ot parlia.
the tribunals o f commerce. Arg. Fr. Mere.
ment in the ciLy of London. and other towns,
for the recovery of small debts; otherwise
Law, 553.
and more commonly called " Courts of R& CONSENSUAL CONTRACT. A term
quests." 3 Steph. Corom. 451. derived from the civil law, denoting a contract

Conscientia dicitur a con et Boio, founded upon and completed by the mere COD·

quasi scire cum Deo. 1 Coke. 100. Co n - sent of the contracting parties, without any

8cience is called from con and scio, to know, extel'llal formality or symbolic act to fix the
as it were, with God. Obligation.

CONSCIENTIA REI ALIENI. In Consensus est voluntas plurium ad

Scotch law. Knowledge of another's proper. quos res pertinet, simnl junota. Lofft,
ty; knowledge that a thing i s not one's own, 514. Con sent is the conjoint will of several
but belongs to another. He who has tbis persons to whom the tbing belongs.
knowledge. and retains possession, is charge..
Consensus facit legem. Consent make! .
able with II violent profits . "
the law. (A con.tract is law between th&.
CONSCRIPTION. Drafting Into the parties agreeing to be bound byit.) Branch.
milital'y service of the state; compulsory Princ.
service fal ling upon all male subjects evenly,
Consensus, non oonoubitus, faait nup-·
within or under certain speCified ages.
tias vel matrimonium, at consentire non
CONSECRATE. In ecclesiastical Jaw. possunt ante a.nnos nubiles. 6 Coke. 22.
To dedicate to sacred purposes, as a bishop Consent, and not cohabitation. constitutes·
by im position of hands, or a church or nuptials or m a rri age, and persons cannot
clmrchyard by prayers. etc. Cou::;ecration is consent before marriageable years. 1 HI.
performed by a bishop or archbishop. Comru. 434.
Consecratio est peri oduB el ectionis ; Consensus tollit errorem. Co. Lttt.
electio est prreambula consecrationis. 2 126. Consent (acquiescence) removes mig·
Rolle, 102. Consecration Is the termination take.
of election; election is the preamble of COD­
Consensus voluntss multorum ad quos.
secration.
res pertinet, simul junota. Consent is the·
CONSEIL DE FAMILLE. In French united will of several interested in one suI)...
la w . A family council. Certain acts reqUire j ect- matter. Davis. 48; Branch, Princ.
the sanction of this body. For ex a mpl e, a
guardian can neither �lccept nor reject an in­ CONSENT. A concurrence of wills.
heritance to which the minor bas succeeded Expre,<ls consent is that directly gi ven.
without its authorjty, (Code Nap. 461;) nor either vi'ca 'l:oce or in writing.
can be accept for the child a gift inter ViV08 Implied consent is that manifested by
without the like authority, (Id. 463. ) signs, actions. or facts. or by inaction or
s ilence, which raise a presumption that the­
CONSEIL JUDICIAIRE. In .French
consent has been given.
law. When a person bas been subjected to
Consent is an act of reason, accompanied
an intel'dietion on the ground of his insane
with deliberation. the mind weighing as in
extravagance, but the interdiction is not ab­
a balance the good or evil on each side. 1
solute, btl t limited on Jy, the court of first in­
Story. Eq. Jur. § 222.
stance, which grants Lhe interdiction, ap­
There is a difference between consenting and
poin ts a council, called by this name. with submitting. Every consent involves a submission;
whose assistance the party may bring or de­ but a mere submission does not. neoossarily involve
fend actions, or compromise the same, alien­ consent. 9 Car. & P. 1"22.

ate his estate, make or incur loans, and the

CONSENT-RULE. In English practice.
like. Bro wn.
A superseded instrument, in which a defelld­
CONSEILS DE PRUDHOMME S. In ant in an action of ejectment specified for
Frencb law. A species of trade tribunals, what purpose he intended to defend. and un ....
 CONSENTlE�TES, ETC. 255 CONSIDERATUM, ETC.

dertook to confess not on ly the fictitious ferred, upon the promisor. by any otber per·
lease, entry, and ouster, but that he was i n son, to which the promis or is not hwfully
possession. entitled, or any prt'judice suffered. or agreed
to be suffered. by such person. other than
Consentientes at agentes pari prena
slIch as be is at the time of con sent lawfully
plectentur. They wbo consent to an act,
bou nd to suffer, as an i nduce ment to t he
and they who doit. shall be visited with equal
promisor. is a good consideration for a prolD­
punishment. .5 Coke, 80.
is e. Ci vii Code Cal. § 1605.
Consentire matrimonio non possunt Any act of t he plaintiff from w hich the
infra [ante] annos
nubiles. Parties can· defendant or a s tranger derives a benefit or
not consent to marriage within the years of ad v antage. or any labor, detriment, or incon­
marriage, [befor e the age of consent. ] 6 venience slIstained by the plaintiff. however
Coke. 22. small. if s uc b ace is performed or inconven­
ience suffered by the plaintilf by the consent,
Consequentim non est consequentia.
Bae. Max. The conseq uenee of a consequence
express or implied, of the defendant.
250.
3 Sco tt,
D
exists not.
Considerations are classified and defined as
CONSEQUENTIAL DAMAGE. Such follows:
damage. loss, or in jury as does not flow di­ They are either express or implied; tbe
rectly and immediately from tfue act of the
party, but only from some of the conseq uences
former when lhey are specifically stated i n a
de ed , contract, or other instrument; the lat-
E
or results of such act. ter when inferred or su pposed by the law
The term "consequential damage " means some· from the acts or situation of the parties.
times damage which is so remote as not to be ac­
They are either executed or executory; the
tionable ; sometimes damage which, thougb. some­
what. remote, is actionable; or damage which, former being acts done or values given be- F
though actionable, does DOt follow immediately, fore or at t.he t im e of makin g the cont.ract ;
in point of time, upon the doing of the flct com­ the laUer bei ng prom is es to give or do some­
�lBiDed of. 51 N. H. 504-
t hin g in future.
CONSEQUENTS.
plied powers or authorities.
In Scotch law. Im­
Thi ngs which
They are either good or valuable.
consideration is such as is founded on natUral
A good
G
tollow, us u ally by implication of law. A duty and affection, or on a strong mora.l obli­
commission bein g given to execute any work. gation . A valuable consideration i s founded
every power necessary to carry it on is im­ on money, or somet hing convertible into
pl ied. 1 Kam es, Eq. 242. money, or lJ av ing a value in money. except H
m arri age, which is a valuable consideration.
CONSERVATOR. A guardian; protect­
Code Ga. 1882, § 2741. See Chit. Cont. 7.
orj preserver.
A continuing consideration is one cons ist­
"1Vhen any person having property shall
ing in acts or performances which m ust nec­
be found to be incapable of managing his
affairs, by the court of probate in the dis­
essarily extend over a considerable period of I
time.
trict in which he resides, ... '" ... it, shall
Concurrent considc1'ations are those which
appoint some pe rson to be his conser'vator,
aris e at the same t i m e or where the promises
wbo. upon giving a probnte bond, shall have

J
are simultaneous.
tb� charge of the person and estate of s uch
Equitable or m01'aZ considerations are de­
inc,�pabl e person." Gen. St. Conn. 1875. p.
void of ellicacy ill poi nt of strict law. but arB
846, § 1.
founded upon a mora.l uuly. and may be
CONSERVATORS OF R I V E RS. made the basis of all express promise.
Comm issioners or trustees i n wbom the con­
trol of a certain river is vested . in E n gland.
A grat'uitous consideration is one which is
not founded upon any such Joss, i nju ry, or
K
by act of parliament. inconvenience to the party to whom jt moves
as to make it valid in la w.
CONSIDERATIO CURI.IEl. The j udg­
Past cons£deratioll. is an act done before
ment of lhe court.
the contract is made, and is really by itself D O L
CONSIDERATION. Th. inducement consiLi erati on for a promise. Anson, Cont. 82..
toa contract. Tbe cause, motivl;', price. or
impelling influence which induces a con­ CONSIDERATUM EST PER CURl.
tracti ng pady to enter i nto a contract.
M
The AM. ( It is considered by the court. ) The
reason or material cause of a contract. formal and ordinary commencement of. a
Any benefit conferred. or agreed to be con- i ud gme nt.
 eONSIDERATUR 250 CONSOLIDATED ORDERS

CONSIDERATUR. L. Lat. It is con­ c. �4, which lay for the benefit of the rever·
shle red. Held to mean the !-lame with con­ sioner. where a tenant by the curtesy aliened
sideratum est. 2 Strangfl, 874. i n fee or for life.

To de­ CONSISTING. Being composed or made

CONSIGN. In the c ivil law.
posit in the Ctlstouy of a third VersoD a thing up of. This word is not synonymous wiLh
" including;" for the latter, when used in
belonging to the debtor, fOl'tlle benefit of the
creditor, unuer the authority of a court of connection with a n u mber of speCified ob­

justice. Poth. ObI. pt. 3, c. I, art. 8. jects, always implies that there may be oth·

In commercial law. To deliver goods ers which are not mentioned. 6 Mo. App.
to a carrier to be trans mitted to a designated 33l.
factor or agent. CONSISTORIUM, The state council 01
To deliver or transfer as 1
1 charge or trust; the Roman emperors. Mackeld. Rom. Law.
to commit, intrust. give in trust; to transfer § 58 .
from oneself Lo the ct1re of another j to send
CONSISTORY. In ecclesiastical law.
or transmit goods to a merchunt or factor for
A n assembly o f cardinals convoked by the
sale. 4 Daly, 320.
pope.
CONSIGNATION. In Scotch law.
CONSISTORY COURTS. Court' beld
The payment of money into the hands of a
by diocesan bishops within theil' seversl
third party. when the creditor refuses to ac·
cathed rals, for the trial of ecclesiastical caus­
'Cept of it. The persoll to whom the money
es arising within their respective dioceses.
is given is termed the "consignatary. " Bell.
'£he bishop's chancellor, or his commissary,
In French law. A deposit which a
is the judge; and from his sentence an ap­
debtor makes of the thing that he owes into
peal lies to the archbishop. Mozley & Whit­
the hands of a third person, and under the
ley.
authority of a court of j ustice. 1 Poth. ObI.
536; 1 N. H. 304. CONSOBRINI. In the civil law. Oou..
ins�german, in general; brothers' and sisters'
CONSIGNEE. In mercantile IRw. One
cllildn:ll, considel'ed in their relatiou tu each
to whom a consignment is made. The per�
other.
80n to whom goods are shippeu for sale.
CONSOLATO DEL MARE. The name
CONSIGNMENT. Theactor process of
of a code of sea-laws, said to have been com·
consigning goods ; the transportation of goods
piled by order ot the kingo of Arragon (or,
consigned; an article or collection of goods
according to other authorities, at Pisa or 13ar·
sent to a factor to be sold; goods or property
celona) in the fourteenth century, which
sent, by the aid of a common carrier, from
comprised the maritime ordinances of the
one person in one place to another person i n
Roman emperors, of France and Spain. and
another place. See CONSl('}N.
of the- Italian commercial powers. This com­
CONSIGNOR. One who sends or mal{es pilation exeTciseri a considerabie in liueDce in

a consignment. A shipper of goods. the formation of European maritime law.

Consilin. multorum qureruntur in mag­ CONSOLIDATE. '£0 consolitlate mellns

niB. 4 Inst. 1. The counsels of many something more than rearrange or redh'ide.
are required in great things. In a general sense, it means to unite illtOO1l6
mass or body, as to consolidate the forces ot
CONSILIARIUS. In the civil law. an army, or V<lrious funds. I n parliamentary
A couDsellor, as distinguished from a pleader usage. to consolidate two bills is to unite
or advocate. An assistant judge. One who tbem into one. [n law. to consolidate bene­
parLicipates in the decisions. Du Cange. fices is to combine them into one. 45 Iowa.
CONSILIUM. A day apPointed to hear 56.
the counsel of both parties. A case set down CONSOLIDATED FUND. In England.
for argument. A fund for tbe payment of the public debt.
It is commonly used for tbe day appOinted
CONSOLIDATED ORDERS. 'rhe or·
for the argument of a demurrer, or errors as­
del'S regulating the practice of tbe English
signed. 1 Tidd. Pro 438. court of chancory, which were issued, in
CONSIMILI CASU. In practice. .A. 1860. in substitution for the various orders
writ of eutry, framed under the provisions which bad previously been promulgated from
,f the statute Westminster 2. (13 Edw. I . • ) time to time.
 CONSOLIDATION 257 CONSTABLE

CONSOLIDATION. In the Civil law. . Consortio malorum me quoque roa·

The union of the usufruct with the estate lum facit. Moore, 817. The company of
oat of which It Iss ue s, in the same person ; wick ed lDen makes me also wicked.
which happens when the usufructuary ac­
In the civil Jaw.
quires the estHte. or In \:lither
CONSORTIUM. A
'Dice
union of fortunes; a lawful Homan marria.ge.
vet'sa.
case the usufruct is exti n ct . Lee. El. Dr.
Also, the j oining of several persons as par.
Rom. 424. ties to one action. E ngli sh law, the
In ol d
T he j unction or t.he
term signified company
In Scotch law.
or society. In the
property and superiority of an estate, where
language of p lead ing. ( as in the phrase per
they bave been di sjoi ned.
quod consortiu.m amisit) it m ean s the com·
Bell.
CONSOLIDATION OF ACTIONS. pani onship or soci ety of a wife.
Theact or process of u n iting several actions CONSPIRACY. In criminal law. A
into one trial and j u(lglllent, by order of a combination or con fed eracy iJetween two or
court. where all the actions are betw�en tho more persons formell for the purpose of com·
Bame parties, pending i n the Bame court, and mitting, by th eir joint efforts, some unlaw- 0
tu rning upon t.he same or similar issues; or ful or criminal act, or some act which i s in­
court may order that one of tht� actions
tbf' n ocen t i n itself, but becom es unlawful when
be tried, and the others decided without trial
done by the concerted action of the conspi ra­
to the judgm ent in tbe one SEr
according
lected.
tors, or for the purpose of using crim inal or E
unlawful m ean s to t.h e commission of an act
CONSOLIDATION OF BENEFICES. not in itself unlawful.
The act or proc ess of un i ting two or more at The agreement or engagem ent of persons
them inLo one. co-operate in accom plishing some unlaw­
F
to
ful p urpose, or some purp ose which may not
CONSOLIDATION OF CORPORA­ be unlawful, by unla wful means. 48 Me.
I).'IONS. The union or merger into one cor· 218.
porate body of two or more corporations Conspiracy is a consultatIon or agreement be­
which had been separately createu for s i m i. tween two or more persons, either falsely to ao-
Jar or conllPctl.'<i p urpos es. In Engl an d this cuse another of a crime punishable by law; or G
is termed "amalgamation . " wrougrully to injure or prejudice a tbird persOD,

Wilen the rights. franchises. and effects o f

or any body of mOD, in any manner ; or to commit

two or more coq)orations are. by legal au·

any offense punishable by law; or to do any act
with intent to prevent the course of justice; or to
thority and agl'ee md nt of the p , \rti es, com­
bined and united into one whole, and com·
effect a legal purpose with a corrupt intent. or by
improper means. Hawk. P. C. c. 72, S 2; Arcbb. H
mitted to a s ingle corporation, the stockhold·
Crim. PI. 390, adding also comblDstiona by jour­
neymen to raise w ages.
ers of which are composed of those ( so far as
6 Ala. 765.

they choos e to become s uch ) of the campa.· CONSPIRATIONE. An ancient writ

nies thus agreeing, this is in law. and ac· that lay agai ns t co nsp i rators. Reg. Orig. I
cording to common understanding, a consol· 134; Fitzh. Na t. lirev. 114.
ldation of such comp anies, whether such sin·
guilty of a
gle corporat u>D , called Lhe consolidated com­
CONSPIRATORS. Persons
consp ir acy .
pany, be a new one then crt'ated, or one of
Those who bintl themsel ves by oath, coy-
the original companies, continuing in exist­
enunt, or other alliance that each of them
J
ence with only large r rights, capacity, and
shall aid the other falsely and mali cio u s ly to
property. 64 Ala. 656.
indict perso ns ; or falsely to move aud main­
CONSOLIDATION RULE. In prac­ tain pleas. etc. 33 Ed w. I. St. 2_ B e�i des
tice. A rule or orJer of court requiring a these. there ure conspir ators in tn-asonabla K
plaintiff who has instituted sepa rat.e suits purposes; as for plotting against the govern­
upon several claims against the same defend­ ment. Wharton.
ant, to consolidate them i n one adiou, where
CONSTABLE. In medieval law. The
done consistelll.ly with
name given to a very high functionary under
that can be the rules
of pleading.
L
the French ami Eng lish ki ngs . the dignity
CONSOLS. An abbre viati on of the ex­ and im po rta nce of whose olHce W<lS on ly sec­
press ion " consolidated annuities," and used ond to that of the monarch. lIe was in gen­
in modern times as a name of eral the leader of the royal arm i es , and had
M
various fl1nds
ur. Hed in one for the payment of the British cognizance of all m atters pertaining to war
n:.�LiOllal debt. a n d arms, exerc ising both civil and m il itAry
AlIt.mC'r.LAw-17
 CONSTABLE 258 CONSTITUTIO

j"tr.fisdiction. He was also cbarged with the CONSTABLEWICK. In E nglish law.

conservation of the peace of the nation. Thus l'he territorial jurisdiction of a constable ; 81
there was a " Constable of France" and a bailiwick is of a bailiff or sberif!. 5 NeT.
" Lord High Constable of England." & M. 261.
In En glis h law. A public civil officer. CONSTABULARIUS. An officer ot
Nhose proper and general duty is to keep the h orse ; an officer baving charge of foot or
peace within bis district, though 118 is fre­ horse; a naval commander; an officer having
quently charged with additional duties. 1 Bl. charge of m ilitary affairs generally. Spel­
Comm. 356. man.
HI{]J� constable8. in England, are ofilcars ap
IlG.lDted in e\'ery hundred o r franchise, whose CONSTAT. It is clear or evident; it ap­
proper duty seems to be to keep the klng's peace pears ; it is certain; there is no doubt. Non
within their respective hundreds. 1 Bl. Comm.
cons tat, it does not appear.
55Gj S Steph. Comm. 47.
.A certificate w hich the clerk of the pipe
Petty con8tables are inferior officers in every
tOWll and parish, subordinate to the high consta� and auditors of the exchequer made. at the
ble ot the bundred, whose principal duty i s the request of any person who intended to pl{'ad or
preservation of the peace, though they also have
move i n tbat court, for the discharge of any­
other particular duties assigned to them by act of
thing. The etrect of it was tbe certifying
parliament, particularly the service of tho sum­
monses and the execution of the warrants of jus. what appears (constat ) upon record. touch­
tices of the peace. 1 BL Comm. 356j S Steph. i ng Lbe matter in question. Wbarton..
Comm. 47, 48.
:Sp€clnl constables are persons appointed (with CONSTAT D'HUISSIER. In French
or without their consent) by the magistrates to law. An afll davit made by a huissier, set­
execute warrants on particula.r occasions, a.s in the ting forLh the a.ppearance. form , quality, color,
-
case of riots, etc.
etc., of any article upon wllich a s ui t depends.
In American law. An officer of a mu� Arg. Fr. Merc. Law. 554.
nicipal corporation ( usually elected) whose
CONS TATE. To establish. constit u te,
dulies are similar to those of the sheriff.
Ot' ordai n. " Constating instruments" of a
tllough his powers are less and his j u risdic.
corporation are its charter, organic law, or
diction 8maller. He is to preserve the pub-­
the grant of powers to it. See examples of
lie peace, execute the process of magistrates'
the use of the term, Green's Brice, Ultra
cou rts, and of some other tribunals, serve
Vires. p. 89; 37 N . J. Eq. 363.
writs, attend the sessions of the criminal
courts, have the custody of j uries. and dis­ CONSTITUENT. A wQrd used as a
.thi\ rge other fUllctions sometimes assigned correlative to U a ttorney, " to denote one who
to b i m by Lhe local law or by statute. constitutes another his agent or invests the
other with authority to act for h i m .
CONSTABLE OF A CASTLE. In En·
It is also used in the lang uage o( politics,
g-lish law. An officer having charge of a
8S a correlati ve to " representative," the con­
castle ; a wa ru en. or keeper ; otllerwise called
stituents of a legislator being those whom he
a " castellain. "
represents and whose interests he is to care
CONSTABLE OF ENGLAND. (Called, for i n publi-c affairs ; usually the electors at
l1so. " Marshal. " ) His ollice consisted in the bis district.
::are at the common peace of the realm in
CONSTITUERE. To appoint, consti·
deeds of arms and matter8 of war. Lamb.
tutt", establish, orda1n, or und ertake. Used
Doust. 4.
prin cip al ly in ancient powers of attorney. and
CONSTABLE OF SCOTLAND. An
now supplanted by the English word " consti·
unicer who was formerly e ntitled to command
tute. "
all the king 'g armies in the absence of the
CONSTITUIMUS. A Latin term, ligni.
king. and to take cognizance of all crimes
fying we constitute or appoin t.
:omtnit.ted within four miles of the king's
}Ierson or of parliam('nt. the privy council, C O N S T I T U T E D AUTHORITIES.
or any general convention of the states of Officers properly appOinted under the consti­
the ki ngdo m . '.rhe office was hereditary In tion for the government of the people.
the family of Errol, and was abolished by the
CONSTITUTIO. In the civil law. An
20 Geo. Ill. c. 43. Bell . ; Ersk. Inst. 1, 3, 37.
imperial ordinance or constitution, distin­
CONSTABLE OF THE EXCHEQ­ guished from Lex, Senat·us-Consultum, and
UE R. An oflicer mentioned in Fle ta, lib. other kindsof law, and having its effect tram
�. c. 31. the *sole will of the emperor.
 CONSTITUTIO 259 CONSTRUCTLO, ETC.

An f'staulbbmellt or settlement. Used of ment, construction, and interpretation, and

controversies settled by the parties without a of the validity of legal enactments as tested
Irlal. Culvin. by the criterion of conformit.y to the funda.
A sum paid according to agreement. Du mental law,
Cange. 3. A constitutiona!law is one which is con­
In old English law. An ordinance or sonant to, and agrees with, the constitution;
.tutute. A prnvision of a statute. one which is not in violation of any provision
of the cOllstitution of the particular state.
CONSTITUTIO DOTIS. Establishment
or dower. CONSTITUTIONES. L,ws promulgat-
ed, i. e., enacted, by the Roman Emperor.
CONSTITUTION. In public law. The They were of various kinds, namely, the fol.
organic and fundamental law of a nation or lowing: (1) E(licta; (2) decl"eta; (3) r,..
slate. which may be written or un written, es� scripta, called also " epistolce." Sometimes
tablish ing tbe character and conception ot they were general, and intended to form 8
its government, laying the basic principles
to which its internal life is to be conformed,
precedent for other like cases ; at other times
D
they were special, particular, or individual,
organizing the government. and regulating. (pe1'sonales, ) and not intended to form a prec·
distributing, and limiting the functions of edent, The emperor had this power of irre­
its difTerentdepartmenLs, and prescribing the sponsible enactment by virtue of a certain ltr.t1
extent and manner of the exercise of sover­
eign powers,
regia, whereby be was made the fountain of E
j ustice Hnd of mercy. Brown.
In a more general sense, any fundamental
Constltutiones tempore posteriores
or important law QI' edict; as the Novel Can·
potiol'es Bunt his qure ipsas prrecesser·
ititulions of Justinian; the Constitutions of
Clarendon.
unto Dig. I, 4, 4 .
those which preceded them.
Later laws prevail over
F
In American law. The written instru­
ment agreed upon by the people of the Union CONSTITUTIONS OF CLAREN­
or of a particular state, as tllE' absolute rule of DO N. See CLARENDON.
action and decision for all department." Hud
omcers of the government in respect to all
CONSTITUTOR. In the civil law. One G
who, by a sim ple agreement. becomes respon�
the points covered by it, which must control
sible for the payment of another's de bt.
until it shnll be changed by the anthority
which establ ished it, and in opposition to CONSTITUTUM. In the civil law. An
which any act or ordinance of any such de­ agreement to pay a subSisting debt which ex. H
partment. or officer is null and void. Cooley , ists without any stipulation , whether of the
Const. Lim. 3. promisor or another party. It differs from a
stipulation in that it must be for an existing
CONSTITUTIONAL. Consistent with
debt. Du Cange.
the constitution: authorized by the constitu­ I
tion ; not conflicting with any provision of Constitutum esse aam domum uni­
the constitution or fundamenlal law of the cuique nostrum debere existimari, ubi
state. Dependent upon a constitution, or se­ quisque sedes at tabulas haberet, sua.r·
cured or regulated by a constitut.ion; as umque rerum constitutionem fecisset.
"constitutional monarchy.
It
It
"constitutional It is settled that that is to be considered the J
rights. home of each one of u s where he may have
his 1mbiLatioll and account-books, aDd where
CONSTITUTIONAL LAW. 1. That he may ha.ve made an establishment of his
branch of the public law of a state which
treats of the ol'ganization and frame of gov­
business. Dig. 50, 16, 203.
K
ernment, theol'gans and powers of sovereign· CONSTRAINT. This term is held to be
ty, the distribution of polit.ical and govern­ exactly equivalent with " restraint. " 2 Tenn.
ment.ai authol'iti�s and functions, the f u nda­ Ch. 427.
menk'l principles which are to regulate the In Scotch law. Constraint means du- L
relations of government and subject, and ress.
which prescribes generally the plan and
CONSTRUCT. To build; erect ; put to­
method accordillg to which the public affairs
geth er; make ready tor us e.
of the stute �re to be administered.
2. That department of the science of law Constructio legis non facit injuriam. M
which treats of constitutions, their establish· The construction of the law (a construction
 CONSTRUCTION 260 CONSTRUCTIVE TOTAL LOSS

made hy tlle law ) works no i n j ury. Co. Litt. intent, gains an adv antage to the pe rson i n
183 ; Broom. Max. 603. The la w w i ll make fllult, or any one ,'!laiming under him, by
such a constr uction of an instrument as not m isleadi n g another to his p rej udice, or to the
to i nj ure a party• . prejudi ce of any one claiming under h i m ; or
(2) in any such act or omission as the law
CONSTRUCTION. 'fhe process, or th e
speCially declares to be fraudulent, without
art, of dete rmi n i n g the sense, real mea nin g.
respect to actual fraud. Ci viI Code Cal.
or proper ex plan ation of obscure or ambigu­
§ 1573.
ous term s or p rovision s in a sta t ute . written
By constructive fratu:l4 are meant such
instrument. or ora] agreement or the appli­ ,

acts or contracts as, though not originating

cati on of sllch subj ect to the case in q u esti on .
i n any actual evil design or contrivance to
by re as on i ng in the l ight derived from ex­
perpetrate a positive fraud or i nj llry upon
traneous connected ci rc umstances or Jaws or
otller persons. are yet, by their tendency to
wriLings bearing upon the same or a con­
decei ve OJ' mislead oth e r persons. or to vio­
necteu matter, or by seek i ng 311d applying
late pri vate or public confidence, or to im�
tht! probable airu a n d purpose of the pro­
pai r or injure tlle p u bli c i nteJ'ests , d eemed
vision.
eqll ally reprehensible with positi ve fraud;
It is to be noted that this term is properly
and therefore are proh ibi ted by law. as
distinguisbed from interpretation, alth ough
withi n the same reason anti mischief as acta
the two are often u sed sy nonymo usly . In
and contracts d one malo animo. 1 Story,
strictness, interpretation i s limited to explor�
iug the written text, while
Eq. JUl". � 258.
c onstr u ctio n goes
bey o nd and may call i n the aid of extrinsic CONSTRUCTIVE LARCENY. One
considerations. as above ind icated. where the felonious intent to appropriate the
goods to his own use, at the time of the us­
CONSTRUCTION, COURT OF. A
po rtat io n. is made out by co ns truction from
COlll' t of equity or of co mmon la.w, as the
the d efen da n t 's cond uct, a lt hough. orjgi�
case may be. is called the court of con st r uc­
nally, the takin g was not appa rentl y felo­
tion with reganl to wills, as opposed to the
nious. 2 East. P. C. 685; 1 Lea ch, 212.
COlIl't of probate, whose d u ty is to deci de
whether nn inslrument be a. will at all. CONSTRUCTIVE MALICE. Impl ied
No w , the court of prolJ ate may decide that a malice; mali ce inferred from acts ; malice
given inslrument is a will, and yet t he court imputed by law; malice which is not s hown
of co n struction lIlay decide that it has no by d i rec t proof of nn intention to do injury.
ope ration , uy reason of perpetuities, i ll ega l­ (express m al ice, ) but which is inferentially
ity, uncertainty. etc. 'Vharlon. established by the necessarily inj urious reo
&ults of the acts shown to have been com­
CONSTRUCTIVE. That which is es­
mitted.
tabl ished by the m i nd of the law in its act
of const1"uing facts, conduct. circumsLances, CONSTRUCTIVE NOTICE. Informa·
or in stru me n ts ; that w h i c h has not the char­ tion or knowledge of a fact imputed by law
acter assigned to it in its o w n essent i al nat­ to a person, ( altho ugh he m ay not actually
ure, but acq u irE's snch character in cunse.­ have it,) because h e co uld have discov ered
qu en ce of the way i n which it is rpgarded by the fa('.t by proper dil igence. and h i s situation
a ru le or pol i cy of la w ; hence. in ferred, im­ was su ch <IS to cast upon him tho dULy of in­
plied, madtl out by l egal interpretation. quiring into it.

CONSTRUCTIVE ASSENT. An as· CONSTRUCTIVE TAKING. A ph rase

yont or co ns ent imputed to a party from
a used in the law to characterize an act not
c onst ruction o r i nter pretation of his co n­ am ou nti ng Lo an actual ap p rop ria t i on of
duct; as distinguishtld fro m one which he chattels, but which shows an intention to
actually expresses. con ver t them to his use; as if a jltll'SOll in­
CONSTRUCTIVE BREAKING INTO trusteu wUh the po�session of goods deals

A HOUSE. A breakin g made out by con­ with tbem contrary to the onit;!rs of the
struction o( law. As where a u urglar gains o w ner.
an e nlry into a ho use uy threats. fraud, or CONSTRUCTIVE TOTAL LOSS. In
conspiracy. 2 Russ. Cri m es , 9, 10. marine insurance. This OCCllrs wh ere the
C O N S T R U C T I V E FRAUD. Co n­ loss or i nj u ry to t he vessel insured doc:; not
structive fraud consists (1) tn any breach of amount to its tolal di sap pea ran ce or d est l'u(:�
d u ty which, without an actu all y fraudu len t tion. b ut where, although th e vessel still re--
 CONSTRUCTIVE TREASON 261 CONSUETUDO, ETC.

m:llns, the cost of repairing or recovering it CONSUETUDO ANGLICANA. Th.

wOllld amOll nt to more tllan its value when cusiom of E ngland ; the ancient common law,
80 repaired, and consequently the ins ured as distinguished from lex, the Roman or civil
abandons it to th e underwriters. See AOT­ law.
UAL TOTAL Loss.
Consuetudo contra rs.tionem intro­
CONSTRUCTIVE TREASON. Trea­ ducts potins usurpatio quam consue­

son i mpu ted to a personby law from his con­ tudo appeUari debet. A custom intro­
duct or course of actions, though his d eed s duced agai nst re aso n ought rather to be called
taken severally do not amount to ac t ual tr ea - a " us urpation " than a "c ustum . " Co. Litt.
1011. This doctrine is not Imown in th e US.
Uniled Slates. CONSUETUDO CURIlE. The custom
or p racti ce of a cou rt. Hardr. 141.
CONSTRU CTIVE TRUST. A trust
raised by construction of law . or arising by Consuetudo debet esse certa; nam in­
operation of law, as distinguished from an
express trust.
carta pro
custom shou1<l
nulle. habetur. Dav. 33. A
be certain; for an uDcertain
D
Wherever tlte circumstances of a transac­ custom is considered nUll.
tion are s uc h that tbe person who takes the
Consuetudo est altera lex.. Custom 18
legal (lstate in prope rty cannot also enjoy the
another 1a w. 4 Coke, 21.
bellefici<l\ interest without necessi�ri1y vio­
lating some established pr in cipl e of equ i ty, Consuetudo est optimus interpres le­
E
the court will imm ediately raise a construct­ gum. 2 Inst. lB. C u stom is the best ex­
ire trust, ami fasten it upon th e con::lcience pounder of the laws.
of the legal owner. so as to convert him into Consuetudo at communis assuetudo
a trustee for the parties who in equity are vincit legem non SCl'lptam, al sit spe­ F
enti tl ed to the bene!1cilll enjoyment. Hill. cialia ; et intel'pl'etatur legem sCl'iptam,
Trustees, 116; 1 Sp ence , Eq. JUl'. 511.
si lex sit generalis. Jenk. Cent. 273.
to a r· Custom and common usage overcomes the
CONSTRUE. To put together;
range or marshal the words or all
To ascertain the meaning of lan­
i nstru­ u n wl·i ttcm l a \y . if itbe special j and in te rprets
the written law, if the law be general .
G
ment.
guage by a process of arrangeme nt (lOd in­ Consuetudo ex certa causa rationabill
ference. llsitata privat communem legem. A
and reason-
H
CONSUETUDINARIUS. In ecclesias.
custom, gro unde d on a certain
tical law. A ritual or book, containing the able cause, s uperRed es the common law.
Litt. § 169 ; Co. Litt. 113; Broom. Max. 919.
rites and form s of di v in e offices, or the cus­
toms of ablJeys and mo n aster ies . Consuetudo� licet sit magma aucto­
l'itatis, nunquam . tamen prrejudicat
CONSUETUDINARY
mary law. Law derived
LAW.
by
Custo­
o ral tradition manifestre veritati. A. c ustom , though it I
from a remote antiquity. Bell. be of great authOrity. should never preju dice
manifest truth. 4 Coke, 18.
CONSUETUDINES. In old English
Consuetudo loci observanda est. Litt.
law. Customs.
,tsa forestal, the
Thus, consnetudines et as­
customs and &ssise of the
§ 169. Tbe custom of a place is to be ob­ J
served.
forest.
Consuetudo manerii et loci obser­
CONSUETUDINES F E U D 0 R U M .
vanda est. 6 Coke. 67. A c ustom of 8
(Lat. feudal customs .) A com pila tio n of th e
Jaw of feuds or fiefs in Lombardy, m ade A.
m anor and place is to be observed . K
D. 1170. C O N S U E T U D O MERCATORUM.
Lat. The custom of merchants, the same
CONSUETUDINIBUS ET SERVICI-
IS. In old E ngli s h law. .A writ of right
with lex mercatoria.
elose, which lay against a ten a nt wIlD de fo rced Consuetudo neque injurHi. oriri ueque l
his lord of the rent or servic e due to him. tolli potest. LotIt. 340. Cus tom can
Reg. Orig. 159; Fitzh. Nat. Bre v . 151. neither arise from nor be taken away by in·
jury.
CONSUETUDO. Lat. A custom; an
established usage or practice. Co. Li tt. 58. Consuetudo non trahitur in conse- M
Tolls ; dutiesj taxes. ld. 58b. quentiam. 3 Keb. 499. CusLom is not
 CONSUETUDO, ETC. 262 CONSUMMATION

JraWD into consequence. 4 Jur. (N. S.) Ex. its of their con!'<.uiates or commercial agencies re.­

!39. spectively, the former at the same ports or places

and the latter at ports or places different from
Consuetudo prooscripta et legitims those at which such orincipals are located respec\·

vincit legem. A prescriptive and lawful ively. Thtrd. "Vice-consuls" and "vice-commer­
cial agents 11 shall be deemed to denote consular
custom overcomes the law. Co. Litt. 113;
officers who sball be substituted, temporarily, t.o
4 Cok e , 2l. fill the places of consuls general, consuls, or com·
mercial agents, when they shall be temporarily
Consuetudo regni Anglim est lex absent or relieved from duty. Fourth. "Consular
Anglim. Jenk. Cent. 119. The custom of officer " shall be deemed to include consuls general,
the k.lngdom of E ngland is the law of Eng­ consuls, commercial agents, deputy-consuls, viC&­
consuls, vice-commercial agents, and consular
land. See 2 Rio Cornm. 422.
a.gents, and none other3. Ptjth. " Diplom atic offi·
eel''' shall be deemed to include ambassadors, en­
Conuuetudo semel reprobata non po­
voys extraordinary, ministers plenipotentlary,
test ampUus indue!. A custom once dis­
ministers resident, commissioners, charg6s dla.!.
allowed ..::a nnot be again brought forward. faires, agents. and secretaries of legation, and
[or relied on.] Dav. 33. nonG o�bers. Rev. st. U. S. § 1674.

Consuetudo tollit communem legem. CONSULAR COURTS. Courts held by

Co. Litt. 33b. Custom tal{es away the com­ the consuls of one country, within the ter­
mon law. ritory of another. under authority given by
treaty. for the settlement of civil cases be­
Consuetudo volentes ducit, lex no­
tween citizens of the country which the can-
lentes tl'ahit. Custom leads the w i lling ,
8ul r�pl'esents. In some instances tiley have
law compels [drags] the unwi11ing. Jenk.
also a crimi nal jur isdicti on . but in this re­
Cent. 274.
spect ar e su bject to review by the courts ot
CONSUL. In Roman law. During the home go\'ernment. See Rev. St. U. S.
the republic, the name " consul" was gi ven § 4083.
to the chief executive magistra te, two of
CONSULTA ECCLESIA. In ecclesia..
whom were chosen ann ually. The office was
tical law. A church full or provided fo r.
continued under the empire. but it,s powers
Cowell.
and prerogatives were greatly reduced. The
name is s upposed to have been derived from CONSULTARY RESPONSE. The
cQnsulo, to eons ult, because these offieers co n· op i nion of a court of law on a special case.
suIted with the senate on administrative
CONSULTATION. A writ whereby a
measures.
canse which has been wrongfully removed by
In old English law. An ancient title probibiti o n ont of an ecclesias tic al court to a
of an earl. temporal court is returned to the ecclesias·
In international law. An officer of a tical court. Phillim. Ecc. Law, 1439.
commercial character, appointed by the dif. A conference between the cou nsel engaged
ferent states to watch over the mercantile in a case, to discuss its questions or arrange
lnterests of tbe appointi ng state and of its the method of conducting it.
subjects in foreign countries. There are
In French law. The opinion of coun·
usually a number of cons uls in every mari·
ael upon a poi nt of law s uu mitted to them.
time country, and they are usually subject
to a chief consul, who is called a "consul CONSULTO. In the civil law. Desilln.
general." Brown. edly; intentionally. D ig. 28, 4l.
The word uconsul" has two meanings :
(1) It denotes an officer of a particular grade CONSUMMATE. Completed ; a. distin.
in the COllSlllar serv i ce ; (2) it has a broader guished f rom initiate, or that which Is
merely begun. The husband of a woman
generic sense, embracing all consular officers.
15 Ct. CI. 64. seiseel of an estate of in heri tan ce becomes, by

'l'he omcial deSignations employed throughout

the birth of a child. tenant by the cu rtesy
this title shall be deemed to have the following initiate. and may do many acta to charge the
meanings, respectively ; llirst. "Consul general, " lands, but his estate is not consummate till
"consul," a.nd I4commel'cial agent" shall be deemed the death of the wife. 2 fiI. Com m . 126,
to denote full, principal, and permanent consular
128; Co. Litt. b�".
omcers. as distinguished from subordinates and
substitutes. Second. "Deputy-consul" and " con­
CONSUMMATION. Tbe comuletionot
Bulal' agent " shallb e deemed to aenote consular oft\­
eers subordinate to such principals, exercisi ng the a thingj the complt:lt ion of a marriage be­
powers and performing the duties within the lim- tween two affianced persons by cohabitation.
 CONTAGIOUS DISORDERS 263 CONTENTIOUS JURISDICT ION

CONTAGIOUS DISORDERS. Dis· impede or frustrate the administration ot j us.

which are capable of heing transmUted
ea9<'S tice. or by one who. being under the court's
by mediate or immediate contact. authority as a party to a proceeding therein,
willfully disoiJeys its lawful orders or fails to
CONTANGO. In English law. Tile
comply with an unuertaking which he has
commission received for carrying over or put­
given.
tin g off the time of execution oC a contract
The disobedience of the defenda.nt to the decree
to deliver stocks or pay for t.hem at a certain
of thatcoul·t, i n this instance, is palpable, willful.
time. Wharton . and utterly inexcusable; and thereforecoastit.utes,
beyond a doubt, what is termed a Ucontempt, "
CONTEK. L. Fr. A contes t, dispute,
which is well described by an eminent jurist R s U a
disturbance, opposition. Britt. c. 42; Kel­ disobedienoe to the court, by acting in opposition
bam. Gontec/,;ouTSj brawlers; disturbers of to the authority, justice, and dignity thereof , "
the peace. Britt. c. 29. adding that " i t commonly consists in a party do­
ing otherwise than he is enjOined to do, or not do-
CONTEMNER. One who bas committed ing what he is commanded or required by the pro­

D
contempt of conrt. cess, order, or decree of the court; in all which
cases the party disobeying is liable to be attached
CONTEMPLATION. The acL of the and committed. for the contempt. " 21 Conn. 199.
Contempts are of two kinds,-criminal and con­
mind i n considering with attention. Con­
structive. Criminal contempts are those commit­
tinued attentiOll of the mind to a partic ular ted in the immediate view and presence of the
lubject. Consideration of an act or series of court, such as insulting language or acts of vi- E
acts with the in tention of doing or adopting olence, which interrupt the regular proceedings in
courts. Constructive contempts are those whioh
them. The (;unsideration of an event or
ariso from matters not transpiring in court, but il1
slate of facLs with the expectation that it will reference to fGilures to comply with the orders and
transpire. decrees issued by the court, and to be performed.

C O N T E M P L A T I O N OF BANK­
RUPTCY. Contemplation ot. a state
bankruptcy or a known insolvency and in­
ability to carry on business, and a stoppage
of business. 5 Reporter . 295, 299.
Something more is meant by the phrase
than the expe"tallon of insol veney; it in­
elsewhere. 49 Me. 892.
Or they may be divided into suob (La are commi�
F
ot. ted. in the face of the court (in fac[� Ctt.l'l.re) which
are punishable by commitment and fine, aud such
as are committed out of court, which are punish­
able by attachment. 1 Tidd, Pro 479, tSO. 4 Bl.
Cemm. 285, 286; 4, Steph. Comm. 84.$-358. G
CONTEMPT OF CONGRESS. LEG­

cludes the making provision against the re ­ ISLATURE. or PARLIAMENT. Wba\­

.uIL, of it.13 How. 150; 8 Bosw. 194. ev er obstructs or tenda to obstruct the due

By contemplation of bankruptcy is meant. course of proceeding of either bouse, o� H

a contemplation of the breaking u p of one's grossly reHects on the character of a member

business, or an inability to continue it. of either house, or impuLes to him what it;
Crabb e. 529. would be a libel to impute to an ordinary per­
son, is a contempt of the house, and thereby
CONTEMPORANEA EXPOSITIO. a breach of p rivi lege. S w eet. I
La t . Contemporaneous exposition, or COD­
Itrllction ; a construction drawn from the CONTEMPTIBILITER. Lat. Con-
time when, and the circumstances under temptuQusly.
which, the subject-matter to be construed, 85 In old English law. Con tempt, con-
• statute or custom, originated. tempts. Fleta. lib. 2. c. 60. § 35 . J
Conte m poranea expositio est o ptima CONTENTIOUS. Contested; adversary;
et fortissima in lege. Contemporaneous litigated between ad verse or contending
exposition is the best and strongest in the la w . parties j a ju dicial p roceedi ng not merely e::v
2 lust. 11. A statute is best explained by parte i n iLs character, but comprising attack K
following the construction put upon it by and defense as between opposing parties, is so
judges who llY'ed at the time it was made. or called. The litigious proceedings in ecclesi­
soon after. 10 Coke, 70; BrooIn, Max. 682. astical courts are sometimes SaId to belong to
its " contentious" jurisdiction, i n contradis-
CONTEMPT. Contu macy ; a willful dis­
tinction to what is called its "voluntary" L
regard of the authority of a conrt of justice
Jurisdiction, wl1ich is exercised in the grant­
or legislati ve body or disobedience to its law­
ing of licenses, probates of Willi, dispensa�
(ul orders.
tions, faculties, etc.
Contempt ot court is committed by a per­
eon w ho does any act in willful contraven­ CONTENTIOUS JURISDICTION. In N\
tion ot. its authority or dignity. or teuding to Engl is h ecclesiastical law. ThaI ....anch
 COXTENThlEl'rT 264 COXTINGENCY, ETC.

of the j u risdi ctio n of the eccles iastical courts some constitulional p rov ision and to such 81
which is exercised up on adversary or conten­ are bast'd 011 sta tutes . 109 Ind. 116, 10 N.
tiOltS p roce edings. See CONTENTIOUS. E. Hep. 600.

CONTENTMENT, CONTENEMENT. CONTEXT. The context of a particular

A man 's countenance or cre di t. which he has sentence or clause i n a sta.tute, contmct, wUl,
together with, a nd by reason of, his freehold; etc •• co mp rises those p arts of the text which
or tbat wbich is necessary for the support i mmedia tely precede and follow it. The
and maintena n ce o[ 1m.'n , ag reeaul y to their c o ntex t may sometimes be scrutinized. to ai'l
several q ualiLies or stales of life. 1Vbarto n ; i n the i nterpretation of an obs cure passage .
Cowell.
CONTIGUOUS. In close proximitYi in

CONTENTS AND NOT- CONTENTS. actual close contact. 69 ;J. Y. 191. 'fouch­

[0 parliamentary law. The "contents" are in g ; bounded or traversed by. The term is

those wbo. in the house of lords, express as­ not synonymous with " v icinal . " 32 La.

seut to a lJil I ; t h e "noL" or "non contents" A n n . 435.

dis�ent. May. Pari. Law, ce. 12, 357. CONTINENCIA. In Span ish law. Con­
"CO NTENTS UNKNOWN." Wo«l. tinency or unity of the p roceedings i n a cause.
sometimes annexed to a bill of lading of \Vhite. New Hecop. b. 3, tit. 6, c. 1.

goods in cases. Their meanin g is that the

C O N TIN ENS. In the Hom an law.
mas leI' only means to acknowledge t he ship­
Con ti n u i ng ; hol di ng toge ther . Adjoi n i ng
ment, i n good order. of Lhe cases, as to their
bu i l di n gs were said to be continentia.
external condition. 12 How. 273.

CONTERMINOUS. Adj acent ; adjoin­ CONTINENTIA. In old E nglish prac­

ing; ha Ving a comm on boundary; coterDli� tice. Continuance or con nection. Applied

DOUS. to the p roceedings in a cause. Bract. fol.

362b.
CONTEST. To make defense to an ad­
verse c1ain L in a court of law; to oppose. re­ CONTINGENCY. An event that may

sist, or d i spute the case made by a plaintiff. or may not happen , a doubtful or u ncertain
future event. The quality of being contino
CONTESTATIO LITIS. In Roman
gent.
law. Contestation of suit; the framing a n
A fort uitous event, which comes wilhout
issuei .ioinder i n issue. The formal act of
desig n . fores igilt, or expectation. A con·
bot h the parties with which the proceed i n gs
,. tingent expense mllst be deemed to be all ex:·
in jure were closed when they led to a ju­
p e nse depending IIpon some future uncertain
in vest!gatioD, antI by which the neigh.
dicial
e\"ent. �9 Barb. 272.
bars whom the p ar ties brought w i th tlwm
were called to tes t ify . Mackeld. Hom. La w , CONTINGENCY OF A PROCESS.
§ 219. In Scotch 1 a \v. \Vhere t wo or Ill ore pro­

In old English law. C om ing to an issne; cesses <1I'e folO con necled that the circumstances

the issue so prod uced. Crabb. Eng. Law, 216. of the one are likely to throw light on the
othf'rs, the process fi rs t enrolled is co nsidered
Contestatio litis eget tel'minos contra�
as the leading process, and those subsequent­
dietarios. An iss ue requires terms of con­
ly brou g ht into co u r t, if not bnJllght i n tb6
tladiction. Jonk. Cent. 117. To constitute
same d i v ision, mily be re m i tted to it, ob con·
an iss ue. there must be an affirmative on
tingen tiam, on account of their nearness or
o ne side amI a nega tive all th e other
proximity in character to it. The effect of

CONTESTATION OF SUIT. In a n remitti ng processes in t h is manner is merely

ecclesiastical cause, that stage of the suit to bring them before the same division of

which is reached when the defenda nt has an­ the court or same lord ordinary. In otber

swered the huel by giv ing in an allegation. respects th ey remain distinct. Bell.

CONTESTED ELECTION. Th is CONTINGENCY WITH DOUBLE

pbrase has no tec h nical or legally d efi n ed ASPECT. A re m ainder is sa.id to be "in
me an ing. An election may be said to be a cOIl Lingency with d o uble aspect," when
con tested whenever an objection is fol'lU­ there is another remainder limited on tile
ally urged a.gainst it which. if found to same estate. not i n d erogation of the first,
be true in fact, woultl i n v a lid ate it. This is but as a su bstitute for it ill case it should
tru e both as to oujeclions fo unJ ed upon fail Feill'Ue, Rem. 373.
 CONTINGENT 265 CO;STI:I(T OUS EASEMENT

CONTINGENT. Possible. bnt not as­ pen or be perfol'med, or which may not hap­
loret1j doubtful or uncertain; conditioned pen or be performed till after the determina�
upon the occurrence of some fllture event tion of the- preceding estate. Fearne. Rem. 3.
which Is itself uncertain or questionable.
CONTINGENT USE. A use limited to
This term, when applied to a use, remain­
der. rlevise. bequest, or otller legal right or take effect upon the bappening of some fut­
ure contingent event; as where lands are
Jnlerest, implies that no present. interest ex­
M�. and that whether such interest or right
conveyed to the use of A. and B., after a
ev!'r will exist depends upon a fu�ure uncer­
marriage shall be bad between them. 2 HI.
Comm. 334.
tain event. 5 Darb. 692.
CONTINUAL CLAIM. In old E ngl iS h
CONTINGENT DAMAGES. Where
law. A. formal claim made by a party enti­
I demurrer hasfiled to o ne or more
been
tled to enter upon any lands or tenements,
connts in a declaration, and its consideraLion
but deterred from such entry by menaces, (11'
Is postponed . and meanwhile other counts in
bodily fear, for th e purpose of preserving or
the silme declarati on, not demurred to, are
kc<'ping "live his right. It was called "con­ 0
tak('11 as issues. and tried. and damages
tinual , " because it was required to be re­
8wilrd�d upon them, such dam ages are call ed
peated Oll<:e in the space of every year and
"contingent damages. "
day. It had to be made as near to the land
as the party could approa ch with safety, and,
CONTINGENT ESTATE. An estate
whic11. depends tor Its eiTect upon an t:!vtml. whon made in due form, had Lhe same l'ffect E
which may or may not happe n ; as an estate with, nnd inall respects amounted to, a legal
limited tc a person not in esse, or not yet entry. Litt. §§ 419-423 ; Co. Litt. 250a; 3
bom. 2 Crabb. Heal Prop. p. 4. § 946. B1. Co mm . 175.

CONTINGENT INTEREST IN PER,. CONTINUANCE. The adjournment or F

SONAL PROPERTY. It may be defined
postponement of an action pending in a court,
IS a future interest not transmissible to the
to a subsequent day of the same or another
term.
representatiYPs of the party entitled thereto,
Also the entry of a continuance made up-
in c:lse he dies before it vests in possession .
011 the record of the court, for the purpose of
G
Thus, if a testator leaves the i n com e of a
tund to !Jis wife for l i fe, and the capital of forrnally e v idencing the postponement, or of
thl' (lind to be distributed alDong such of his connecting the parts of the record so as to
chihlren as shaH be living at her death, the make one continuous whole.
interest of each child d uring the widow's CONTINUANDO. In plead ing. A H
life·time is contingent. and in case of his word which was formerly used i n a special
dealh is not transmiss ible to his representa­ ue('laration of trespass when the plaintiff
tives. Mozley & Whitley. would recover damages for severnl trespasses

CONTINGENT LEGACY. A legacy in the same action ; and, to avoid multi plicity
of acUo llS, a maD might i n one acti o n of tres­
I
given to a person at. a future uncertain time.
pass recover damages for many trespasses,
that may or may not arrive; as "at his age
of t we nty-o n e, " or "if" or u whell he attains
laying the first to be done with a continuan�
do t.o the whole tilDe in which the rest of the
J
twenty-one." 2 liI. Comm. 513; 2 Steph.
tr�spasses were done; which was in this
ComlU. 259.
form: Continuando (by continuing) the
A It:!gacy made dependent upon some un­
trl'spasses aforesaid, t:tc., from tbe day afore­
certain event. 1 ltop. Leg. 506.
saill , etc., until such a day. including the
A legacy which has not vested.
last trespass. Termes de la 1...ey.
CONTINGENT REMAINDER. An K
estate ill r�maillder which is limited to take CONTINUING CONSIDERATION.
effect either to a dubious and u n certain per- See CoNSIDERATION.
80n, Or upon a dubious and unccrt:t.in event, CONTINUING DAMAGES. SeeDAM-
by which no present or particular interest
passes to Lhe remai nder-man, 80 that the par�
A=.
L
OONTINUOUS ADVERSE USE. Is
ticular estate may cbance to be determined
anll the remainder never take effect. 2 BI. interChangeable with the term " unintefl'upt-
Corum. 169. ed adverseuse.11 59 Ind. 411.
.A remainder limited so as to depend upon CONTINUOUS EASEMENT. O ne M
an pvent or condition which mar never hap- the enjoyment of whicb is or may be contin-
 CONTRA 266 CON TRABAND OF WAR

uaI, without the necessity of any actual in� CONTRA JUS COMMUNE. Against
terference by man, as a water·spout. or a common right or law; contrary to the rale
right of light or air; as distinguished from a of the common law. Bract. fol. 48b.
discontinuous easement, which is one the en­
Contra legem .facit qui id facit quod
joyment of which cau be had only by tue in­
lex prohibit ; in fraudem vero qui, salvi!
terference of man, as a right of way, or a
verbis legis, sententiam ejus circumvenit.
right to dnnv wHter. 'Vashb.,Easem. 13;
He does contrary to the In \V who does what
Gale, Easom . 16; 21 N. Y 5()5 ; 60 Mich.
the law prohibits; be acts in fraud of the law
252, 27 N. W. Rep. 512. This distinction i s
who, the letter of the Jaw being inviolate,
derived from the French law. See Civil
uses the law c ontrary to its in ten tion. Dig.
Code, art. 688.
I, 3, 29.
CONTRA. Against, confronting. oppo. CONTRA LEGEM TERRlE. Again.t
site to ; 011 th e other hand; on the contrary. the la \y of the land.
The word is used i n many Latin phrases, as
app&rrs by the following tiUes. In the books Contra negantem principia. non est dis­

of reports, contra, appended to the name of putandum. There is n o disputing against

a judge or counsel, indicates that he held a one who denies first prinCiples. Co. Litt.

view of the matter in argument (:ont1'ary to 343.

that next before advanced. Als o. after cita· Contra non valentem agere Dulla currit
tiOD of cases in support. of a posi tion . cont1'a prrescriptio. No p resc rip tion runs against
is often prefixed to citatio ns of cases op­ a person unable to bring an action. Broom,
posed to it. Max. 903.

CON'rRA BONOS MORES. Against CONTRA OMNES GENTES. Against

good morals. Contracts contra bonos mOTes all people. Forma.l words in old covenanta
are void. of war ranty. Fleta, lib. S, c. 14, § 11.
CONTRA FORMAM COLLATIONIS. CONTRA PACEM. Lat. Against the
In old English law. A writ that issued peace. A phrase used in·l he Latin forms ot
where lands given in perpetual alms to lay indictments, an d also of actions for trespass,
houses of religion, or to an abbot and con­ to Signify that th e offense alleged was com­
vent. or to the warden or master of an hos­ mitted against the public peace. i. e., in­
pital and his convent, to find certain poor volved a breach of the peace. The full
men with necl'ssaries, and do divine service. formula was contra pacem. dom.ini Tegis,
etc., were alien ated. to the disherison of the against the peace of the lo rd the king. In
house and church. By means of this writ mod ern pleading. in this country, the phrase
the clollor 01' bis heirs could recover the lands. " against the peace of the common wealth" or
Reg. Orig. 238; F itzh. Nat. Brev. 210. "of the people" is used.

CONTRA FORMAM DONI. Against CONTRA PROFERENTEM. Against

the form of the grant. See FOR!lmDoN. the party who proffers or puts forward a
t hin g.
CONTRA FORMAM FEOFFAMEN­
TI. In old English law. A wri t that lay CONTRA TABULAS. In the civil law .
for the beir of a tenant. enfeoffed of certain Against the will, (testament.) Dig. 37, 4.
lands or tenements, by charter of feoffm ent
CONTRA VADIUM ET PLEGIUM,
from a lord to make certain services Clnd
In old E nglis h la w. Against gage and pledge.
suits to his court, who was afterwards llis­
Bract. fol. 15b .
trained for more services than were m e n­
tioned in the charter. Reg. Orig. 1 7 6 ; Old Contl'a veritatem lex nunquam aliquid
Nat. Brev . 162. permittit. The law n ever su ffers anything
contrary to truth. 2 Inst. 252.
CONTRA FORMAM STATUTI. In
criminal pleading. (Contrary to the fo rm of CONTRABAND. Against iaw or treaty;
the statute i n such case made and provided. ) prohibited. Goods exported from or impol'ted
The usual conclusion of every indictment, into a cou ntry against its laws. Brande.
etc., brought for an offense created by stat;. Articles, the importation or exportation ot
ute. which is prohibited by law. P. Enc.

CONTRA JUS BELLI. Lat. A gainst CONTRABAND OF WAR. Certain

the Jaw of war. 1 Kent, Comm. 6. classes of merchandise, such as arms and
 CON TRABAND OF WAR 267 CONTRACT

ammunition, which, by the rules of in terna.· them which Is brought into prominence
tlonal law, cannot lawfully be furnished or The Ilsual classifications are as follows :
carried by a ne utral nation to either of two
Record, specialty, simple. Contracts
belligerents; if found in transit in neutral
nre divided into three classes: (1) Contracts
vessels, such goods may be seized and coo­
ot record. s nc b as j Udgments, recognizan ce! .
demned for violation of neutrality. and statutes staple ; (2) specialties , which are
A recent American author on international law under seal, such as deeds and bonds; (3)
IByS tbat, 14by the OOrm 'contraband of war, ' we
simp le contracts, or contracts by parol.
no\v understand a class of- articles of commerce
which neutmla are prohibited from furnishing to 'l'here is no such fourth class as contracts i n
either one of the belligerents, for the reason that, writing, distinct from verbal and seaied
by 80 doing, injury is done to tbe other belliger­ '
contracts; both verbal and written contracts
cnt;" and be treats of the 8ubject, chiefly, in ita
are included i n the class of simple contracts,
relation to commerce npon the high seas. (HalL,
lnt.. Law, 570, 592.) 4 Hoisk. 345. and the only distinction between t.hem is i n
regard to the mode of proof. Wharton.
CONTRACAUSATOR. A criminal; one Contracts of record are not really QOntracts .t. D
prosecuted for a cri U1 e. &11, but are transact.ions which, being entered on
the records of certain courts called "courts of reo­
ord, " are conclusive proot ot the facts thereby ap­
CONTRACT. An agreement, upon suffi­
pearing, and could formerly be enforced by action
cient consideration, to do or not to do a par­ of law as if they had been put in the shape of a
ticular thing. 2 RI. Comm. 442; 2 Kent. cont:-act. They cousist ot judgments, recogui� E
Comm. 449. u.uces, etc. Sweet.
A covenant or agreement between two or Express and implied. Whe n the agree.
more persons, with a lawful consideration or ment of the parties is definite and fo r mal .
cause. .Jacob. and is stated either verbally or in wr iti ng,
A deliberate engagement between com.. the contract is express,. but when its terms F
petent partIes, upon a legal consideration, to have to be gathered by inference and dad uc·
do. or abstain from doing, some act. Whar. tion from fac ts or conduct. it is implied.
ton .
Executed and executory. Contracts
A contract or agreement is either where a
are also distinguished i nto executed and ex· G
promise is made on one side and assented to ecutory; txecuted, where nothi ng remains to
on the other: or where two o r more persons
be done by either party. and where the trans­
enter into engagement with each other by a
action is completed at the moment that the
promise on either side. 2 Steph. Comm. 54.
A co n tract is an agreement by wllicb one
arrangement is made, as where an article is
sold and delivered. and payment therefor is
H
person Obligates himself to another to give, made on the spot; executory, where some
to do. 0 1" permit. or not to do, something ex.. futus act is to be done, as where an agree­
pressed or implied by such agreement. me nt is maue to buil d a honsa i n !;ix months.
Civil Code La. a,t. 176!.
A.. contract is an agreement to do or not to
or to do an nct on or before some future day, I
or to lend money upon a certain interest,
do • ce,�ain thing. Civil Code Ca l . § 1549. payable at a future time. 'Vharton .
A contrac t is an agreement between two
An executed contract. is oue in which all the
or more parties for the doing or not doiug of parties thereto have performed all the obligation
80mespecified thing. Code Ga. 1882, § 2714. which they have originally assumed. An execu­
tory contract is one in which something remaius
J
A contract is an agreement between two or
more persons to do or not to do a pnrtioulal' thing i to be done by one or more pa.rties. Code Ga.
snd tbe obl.!.gnUon of a. contract is found in the 1882, § 2715.
terms in which tbe contract is expressed, and is An executed contra.ct is one the object of which
ia fully performed. All others Rre executory.
K
the duty thUB assumed by the contractIng parties
respectively to perform the stipulations of such Civil Code Cal. S 1661.
contra.ct. When that duty i s recognized and en­
Entire and severable. An entire con­
forced by the munIcipal law, it is one ot perject,
tract is one the consideration of which
and when not 80 recognized and enforced, of im
perfect, obliga.tion. 31 Conn. <!G5. Is entire on both sides. The entire ful�
fillment of the promise by either is a con­
L
The writing whic h contains the agree.. d ition precedent to the fuHHlment of any
ment of parLie�. wi th tbe terlll $ nnd cond i­ part of the promise by tho othcr. Whenover.
tions. and which serves as a proof of the ob­ therefore, there is a contract to pay the gross
ligation. sum for a certain and definite con sideration,
Contracts may be classified on several dif­ the c on tract is entire. A severable contract M
lerent methods, according to the element in is one the consideration of which is, by its
 COXTRACT 268 CONTRACTOR

terms, susceptible of apportionment on ei­ Gratuitous and onerous. Gratuiwru

ther side, so as to correspond to the unascer­ contracts are those of which the object is
tained consideration on the other side. as a the benefit of the person with whom it
contract to pay a pers o n the worLh of IllS is made, without any profit or advantage
8ervice� so long as he will do ct.:rtain work; received or promised as a consid('rat ion for
or to give a certa.in price for every bu shel it. It is not. however, the less gratu i tous it
of so much corn as corresponds to a sample. it proceed either from gratitude for a benen,
Wharton. pefore received or from the hope of recE'i"ing

Principal and accessory. A 'P,'inc["..

one hereafter, alt,hough stich benefit b� of a
paZ contract i s one which stands by it·
pecuniary nature. Civil Code La. 1766.
One'raus contracts are those in wbich 80me­
self, justifies its own existence, and is not
thing is given orpromised as a qonsideration
subordinate or auxiliary to any other. .tic­
for the engagement or gift, or some service.
CeSSOl'l! contracts are those made for assur­
interest, or condition is imposed on what is
ing the performance of a prior contract,
given or promisell. although unequal to it in
either by the sam(' parties or by others, such
ns suretyship. mortgage, and pledges. Civil value.

Code La. art. 1764- Mutual interest, mixed. etc. Con­

tracts of mutual interest are such as are en­
Unilateral and bilnteral. A unilat­
terl:!d into for the reCiprocal interest and
eral contmct is one in which ODe party
utility of each of the parties; as sales. ex·
make� nn express engagement or under­
change. partnership. anel the like. Mixed
takes a performance, without receiving in
contracts are those by which aile of the par-­
return nny expres.:\ engagement or prom­
ties confers a benefit on the other. receiving
ise of performance from the other. Bilateral
something of i n ferior value in return. such
(or reciprocal) contracts are those by which
as a donation s ubject to a charge. Contracts
the parties expressly enter into mutual en­
of beneficence are those by which only one of
gagements. such as sale or ll ire. Civil Code
the contract.ing parties is benefi ted; as. loalls.
La. art. 1758; Poth. ObI. 1. 1. 1. 2. deposit. and mandate. Path. ObI. 1. 1, 1, 2.
Consensual and real. Consensual con­
CONTRACT OF BENEVOLENCE.
tracts are such as are foumled upon and
A contract made for the benefit of one of t.he
completed by the mere agreement of the
contracting parties only, as a mandate or de­
contracting parties. without any ext.ernal
pOSit.
formality or symbolic act to fix the ob­
ligation. Real contracts are tho�e in which CONTRACT OF RECORD. A can·
it is necessary that there should be some­ tract of record is one which has been declared
thing more than mere consent, such as a loan and aujudicated by a court having j u risdic­
of money. depOSit. or pledge, which. from tion. or which is entered of record in obedi­
their nature, require a delivery of the thing. ence to. or in carrying out, the j Udgments ot
(res.) a court. Code Ga. 1882. § 2716.
Certain and hazardous. Oertain con­ CONTRACT OF SALE. A contract
tracts are those in which the thing to be by which one of tile contracting parties,
done i s supposed to depend on the will of called the "seller, " enters into an obligation
the party. or when, in the usual course of to the other to cause him to have freely. bya
events, it must huppen i n the ma.nner stipu­ title of proprieLor. a tuing, for the price of a
lated. Hazardous contracts are those in certain Slim of money, w i dell the other con·
which the performance of that which is ono tracting party. called the " b uyer," o n his
of its olljects depends on an u ncertain event. part obliges himself to pay. Poth. Cont.
Civil Coele La. 1769.
CONTRACTION. Abbreviation; ahridg­
Commutative and independent. Com·
ment or shortening of a word by omitting a
mutative contracts are those in which what
letter or letters or a syllable. with a mark OWl
is done, given. or promised by one party
the place w here I he elision occurs. Tllis was
is considered a8 an eql1iva!i-ut to or in con­
customary in recolds written i n the ancient
sideration of what is done. given. or prom­
" court hand," ami is frequently found in th.
ised by the other. Civil Code La. 1761.
books printed in black-letter.
Independen t contract.s are those in which
the lllutual acts or promises have no relation CONTRACTOR. This term is strictly
to each other, either as equivalents or as can· applicable to any persoll who enters into a
sideraLions. Civil Code La. 1762. contract, but is commonly reserved to desig
 CONTRACTOR 269 CONTItAT

nate one who, for a fixed pr ice, un dertakes ' the apparent effect and pu rpor t at the ori ginaJ
to procu re the performan ce of works on a instru ment.
large scai e, ar the f urn i shing of goo(l s in large CONTRAFACTIO. Counterfeiting; a-s
quantities. whether for the public or a com­ cunt1'rifactio sigilli regis, counterfeiting the
pan y or i ndividual .
king's seal. Cowall.
The pri.mary meaning of the word is one who
contracts ; one of the parties to a bargain. He C O N T R A I N T E PAR CORPS. In
who agrees to uo anything for another is & con­ French law. The civil process of arrest of
tractor. 12 N. Y. 628.
th e person. which is imposed upon ve ndors
CONTRACTUS. Contract; a contract; falsely represe nti ng their p roperty to be un·
contracts. illcllru bered , or lI pon pe rsons mortgag i n g
property which they are aWare does not be­
CONTRACTUS BONlE FIDEI. In long to them, and in other cases of moral
Roman law. Contracts of good faith . heinousness. Brown.
Those cont.racts which, when brought into
litigaLion, were not dett!rm in ed by the rilles CONTRALIGATIO. In old Engl ish D
of the strict law alone. but allowed the j Udge l aw . Counter-obligation. Literally, coun­
to examin e into Lhe bona fides of the trans­ t er-b inding . Est enim obligatio quasi con­

actioll . a.nd to hea r equitable considerations traligatio. Fleta, lib. 2, c. 56. § 1.

against their enforcement. In this they were counter-
E
CONTRAMANDATIO. .A.
opposed to contracts st'J'icti j'l)'1·is, agai nst man di ng. Gont1'amandatio placiti. i n old
which equitable defenses could not be enter­ Englis h law, was the r es pi ting of a defend­
tained. ant, or g i v i n g him further ti m e to answer,

CONTRACTUS CIVILES. In Roman by countermanding the day fixed for him to

law. Ci vil contracts. T hose contracts which l
p ead , an d app oin ti ng a ne w day; a sort of F
were recognized as actionable by tile stri ct i mparlance.
civil law of Home, or as being fo u nded upon CONTRAMANDATUM. A lawful ex­
a partic u lar statute. as distinguished from cu se, Which a defendant in a Buit by attorney
those whi ch could not be enforced iu the
alleges for hi mself to show tbat the plaintifr
court! except by the aid of the prretor, who, bas no cause of com plai nt . Blo un t.
G
through his equitable powers, gave an actio n
upon them. T he latter were called "contl'ac­ CONTRAPLACITUM. In old Engli!h
tUb pra:toJ'ii." hLW. A counter-plea. Townsh. Pl. 61.
Contractus est quasi actus co n tra CONTRAPOSITIO. I n old English law. H
6ctum. 2 Coke, 15. A con tract is, as it A plea or ans wer. Blount. A. co un ter-p()..
were, act against act. sit i on .

ContractuB ex turpi causa, vel contra CONTRARIENTS. 'f his word was used
A contract in thetime of Edw. If. to s i gni fy those who I
n
bonos mores, nullus est.
founded on a base consideration, or ng ainst were opposed to the govern me t. but were
good morals, is nUll . Hob. 167. neither rebels nor traitors. Jacob.

Contractus legem ex conventione ac­ C o n t l' a r i o r u m contraria est ra.tio.

J
cipiunt. Contracts receive legal s anctio n Hob. 344. The reason of contrary thi n gs is
from the ag reement of the parties. Dig. 16, contrary.
8, 1. 6.
CONTRAROTULATOR. A controller.
CONTRADICT. In prac tice . To ais­ One wbOSE\ business i t was to observe the
prove. To prove a fact co n Lrary to what has money w hich the collectors had gat.hered for
been asserted by a witness. t he use of tbe king or the people. Cowell. K
CONTRADICTION IN TERMS. A CONTRAROTULATOR PIPlE. An
pa rts are expres�ly
phrase of which the in­ officer of t he exchequer that writetb out sum­
consistent, as, e. g . , "an innocent murder j " mous twice every year, to the sheriffs. to le\"y
" a fee*sim ple for life . " the re nts and debts of the pipe. Blount. l
CONTRlESCRITURA. In Spanish law. C ON TRAT. In French law. Con­
A counier-writing; counter-letter. A docu­ tracts are of the foll owing varieties: (1) Ri·
ment executed at th e same time with an act late1·al.or synallagmatique. where each par-
of sale or other i nstru ment, and opE:'mting by t y is bound Lo the otlwr to do what is just M
way of defeasa nce or otherwise modifyi n t! and proper; or (2) 1.{,uila te'ral, where the on e
 CONTRATALLIA 270 CONTROLLER

side only is bOll n d ; or (3) commutatlf. where CONTRIBUTE, To supply a share 01

one do es to the otht'r somethi n g which is sup"
posed to be an equi valen t for what the other
does to hi m ; or (4) aleatoire. where the COll�
sideration for the act of the one is a mere
chan ce ; or (5) (;ontrat de bienfaisance, where
propo rtion al part of money or property to.
wards lhe prosecu tion of a common enter­
prise or the diSCharge of a joint obl igat ion.
CONTRIBUTION. In common law.

the one party procures to the other a purely The s hari ng of a loss or paym � nt among
gratui tous benefit; or (6) cont1'at a titre several . The act of an y o ne or several at I
onereux, w here each party is bound under number of co-d ebto rs. c(rsnreties, etc., in re­
some d uty to the other. Brown. imbursing one of tbeir nu mber who bas paid
the whole debt or s u ffel'ed the whole liability,
CONTRATALLIA. In
o ld En g lis h law. each to the ext ent of his proportionate sh are.
A counter·tally, A term used in the ex. In maritime law. W here the p roper ty
chequeI'. Mem. in Scacc. M. 26 Edw. I.
of one or several parties i nterested in a vessel
CONTRATENERE. To hold against ; and cargo has bee n vol unt arily sacrificed tor
to withbold. 1Vhisbaw. the common safety , (as by throw in g goods
overboard to l igh ten t he vessel , ) slicb loss
CONTRAVENIN G EQUITY. A right
must be made good by the contribution of the
or eq uity,in another person, which is i ncon· otbers, which is termed "general average."
sistent with and oppo�ed to the equity Bough t 3 Kent, Comm. 232--2H; 1 Story, Eq. Jur.
to be enforced. or recognized. § 490.
CONTRAVENTION. In French law. In the civil law . A partition by whi ch the
An act which violates the la w , a treaty , or a n creditors of an insol vent debtor di vide among
agreem ent which the party has mad e. That themsE:'lves the p roceeds of h is property pro­
infraction of the law p u ni shed by a fine which portionably 1..0
th e amount of their re spective
does not exceed fifteen francs and by an i m· credits. Code La. art. 2522. no. 10.
pri80nment not exceed in g three days, Pen, Cont1'ibution is Lhe division which is made
Code, 1- among the heirs of the s uccessi on of the deuts
In Scotch law. The act of breaking with wbicb the succession is charged , a ccord·
through any restraint im posed by deed , by i ng to the pro port ion which each is bo und to
co venan t, or hy a court. bear. Ci vii Code La. art. 1420.

CONTRECTARE. Lat. In the civil CONTRIBUTIONE FACIENDA. In

law. '£0 handle; to take hold of; to m eddle ol d English law, A writ that lay where ten­
w ith. ants in co mmo n were boun d to do some act,

In old English law. To treat. Vel and one of them was put to Lhe whole bur·
fllal� cont1'ectetj at' sh all ill treat. Fleta, then. to compel the rest to make contribu·
lib. I, c.
17, § 4. tion . Heg. O rig. l7 5 ; Fitzh. Nat. Brav. 162.

CONTRECTATIO. In the civil and old CONTRIBUTORY. A person Hable to

English law. Touching ; ha ndling ; m edd ling. contribute to the assets of a company which
The act of re mo vi n g athin g from i ts place is bei n g wound up, as being a member or ( in
in sll cha m ann er that. if the thing be not some cases ) a past member thereof. Mozley
restored, it will amount to t heft. &; Whitley.
Contrectatio rei alienoo, animo furnn·
CONTRIBUTORY NEGLIGENCE.
di, est furtum, Jenk, Cen t.The 132. Contributory negligence, when set up as a
touching or remo v i ng of anotherIS p roperty ,
d efen se to an actio n for i nj u ries alleged to
with an intention of steal ing , is theft.
have been caus ed by the defendant's negli­
CONTREFACON. In Frencb law. The gence, means any want of ord inary care on
offense of printing or cau si ng to be printed a the part of the peJ'son inj ur ed . ( or on the
book, the copyrig h t of wh ich is beld by an· part of anot.her whose n egligen ce is 1m·
other. without authori ty frOID bim. Merl. p utable to hi m . ) which combined and COD­
Repert . cu rred with the defend a n t's negl igen ce. and
contr i bu ted La tile i nju ry as a proximate
CONTRE-MAITRE. In French marine ca use thereof, and as an element without
law. The chief officer of a vess el . who, in which the i nj ury would not have occu rred .
case of the sickness or absence of the master.
commanded i n his place. Li terally, tbe CONTROLLER. A comptro ll er, whicb
counter-master. see.
 CONTROLMENT <.:ONVENTIO

CONTROLMENT. In old English law. CONUSANCE. In English law. Co,..

The controlling or cbecking of another ni zance or j urisdiction. Conus ance at pleas.
officer's account; the keeping of a CDunter­ Termes de la Ley.
roll.
CONUSANCE, CLAIM OF. See Co...
CONTROVER. In En glish law.
old NIZANCE.
An inventer or deviser of false news. 2
CONUSANT. One who knows; as, if a
In.t. 227.
party knowing of an agreemt·nt in which he
CONTROVERSY. A litigated question ; bas a n interest makes no objection to it. be
adversary pl'Oceeding in a court of law; a is said to be con us ant . Co. Litt. 157.
civil action or suit. either at Iawor i n equity.
CON USEE. See COGNIZEE.
It diffors trom "case," which includes all suits,
criminal as well as civil ; whereas "controversy " CONUS OR. See COGNIZOR.
11 a civil and not a crimina.l proceeding. 2 Dalt.
(19, (Bl, 432.. CONVENABLE. In old Engli.h law.
CONTROVERT. To disput e ; to deny;
Suitable; agreeable; convenient; fitting. [)
Lit t. § 103.
to oppose or contest: to take issue on.

CONTUBERNIUM. In Roman la w .
CONVENE. I n tbe civil law. To bring
an action.
The m arriage of slaves; a permitt ed cohabita­
tion. CONVENIENT. Proper; j ust ; suitable. E
CONTUMACE CAPIENDO. In En­ CONVENIT. In civ il and old Engli .h
glish law. Excommunication in all casE'Sot law. It is agreed; it was agreed.
con tempt in the spiL'itual courts is discontin­
CONVENT. The fraternity
of an abbey
ued oy 53 Geo. Ill. c. 127, § 2, an� i n lieu
thereof. where a lawful citation or sentence or is th e number of fellows
priory, as societas F
has not been obeyed, the judge shall have i n a college. .A. religiOUS house, now re­

power, artel' a certain period, to pronounce garded as a merely voluntary association, not

lIuch person contumacious and in contemp t, importing civil death. 33 Law J. Cb. 308.

nnd to signify tho same to the court of chan­ CONVENTICLE. A pri vaie assembly or G
cery, w here u pon a writ de contwnace capi­ meeting for tile exercise of religion . The worll
endo shall issue from that court, which shall was first an appellation of reproach to the
huve tho same force and effect as formerly religious asse mblies at 'VyclitIe in the reigns
belonged, in case of contempt, to a writ de of Edward III. and Ri chard iI., and was ai't- H
taxmnmunicato capiendo. (2 & 3 'Vm. IV. erwarJs applied to a meeting of dissenters
e. 93; 3 & 4 Vict . c. 93.) Wharion. from the established church. As this word
CONTUMACY. The refusal or inten­ in strict propriety denotes an unlawful HS­

tional omission of a person wbo has been sembly, i t canllot b e ju s tly applied to the
duly cited before a court to appear and d efe nd assemuling of persons i n pl aces of worship
the cha rge laid against him, or, if he is duly licensed according to the requisitions of law.
before tbe court, to obey sarno lawful order \Vhurton .

or di rection made in the C<'luse. In tlle for­ CONVENTIO. In canon law. The act
m er case it is called " pres u me d " contumacy; of summoning or calling together the part.ies J
in the Intter, " actnaI. " The term is chiefly by summoning the defendant.
used in ecclesiastical l aw . See 3 Curt. Ecc. 1.
In the civil law. .A. compact, agreement,
CONTUMAX. One accused of a crime or convention. An agreement betw een two

who refuses to appear and answer to the or more persons respecting a legal relation
charge. An outiaw. iJetween them. The term is one of very wide K
scope, and applies to aU classes of subjects in
CONTUSION. In m edical jurispru­
which an engagement or busi ness relation
dence. A bruise; a h u r t or injury to the
may be fouuded by agreement. It is to b e
flesh or some part of the body by the blow of
limina ry transactions o n the object at the L
distinguished from the negotiations or pre-
a blunt. instrument, or by a fall, prod ucing
no severallce of tissu e or apparen t wound. con v enti on and fixing its extent. wlilcb are
[f the skin is broken, it is called a " co ntu sed
not bi nd ing so long as the conven tio n is not
wound."
concluded. Machld. Rom. Law, §§ 385, 386.
CONTUTOR. 1.,t. In the civil law . I n contracts. An aj{reementj a cove- M
.A. co- tu tor, or co-g uardian. Inst. 1. 24. 1. n ant. Cowell •
 CONVENTIO IN UNUM 272 CONVEBSANT

CONVENTIO IN UNUM. In the civil ritory. to nominate candidates for an ap.

law. The agreement between the two par­ proaching election.
ties to a contract llPon the sense of the con­
CONVENTIONAL. Depending on, or
tract proposed. It is an essential part of the
al'ising from, the mutual agreement of par­
contract, following the pOllicitation or pro­
ties; as distinguished from leyaZ. which
posal emanating from the one, and followed
means created by, or arising from. the act or
by the consension or agreement of the otber.
the law.

Conventio privatorum non potest pub­ CONVENTIONAL ESTATES. Those

lico juri derogare. The agreement of freeholds not of inheritance or estates for life.
pri vate persons cannot derogate from public which are created by the express acts of the
right, " e., cannot prevent the application of parties. i n contradistinction to those whicb
general rules of law, or render valid any con­ are legal and arise from the operation of law.
travention of law. Co. Litt. 166aj W i ng.
Max. p. 746, max. 201. CONVENTIONAL M 0 R T G A G E.
The conventional mortgage is a contract by
Conventio vincit legem. The express which a person binds t h e whole of his prop.
agreement of parties overcomes [prevails erty, or a portion of it only. i n favor of anoth·
against] the law. Story, Ag. § 368. er, to secure the t!xecution of some engage·
ment, but w ithout di vesting hi mseif of pos­
CONVENTION. In Roman law. An session. Civil Code La. art. 3290.
agreement between parties; a pact. A con­
vention was a mutual engagement between CONVENTIONE. The name of a wril
two persons, possessing all the subjective req­ for the breach of any covenant i n writing,
uisites of a contract, but which did not give whether I'ea] or pel·sonal. neg. Or ig. 115;
rise to an action, nor receive the sanction of Fitzh. Nat. Brev. 145.
the law, as bearing an " obligation," until the
CONVENTIONS. This name is some.
objective requisite of a solemn ceremonial,
times given to compacts or ti'eaties with for·
(sllch as [;tipulatio) was supplied. In other
eign countries as to the apprehension and ex­
words, con vention was the in formal agree­ tradition of fugitive offenders. �e€' EXTRA­
lllent. of the parties, which formed tlle lJ�ig
DITION.
of a contract, and which became a contract
when the external formalities were superim­ CONVENTUAL CHURCH. In ecclesi·
posed. See Maine, �IlC. Law. 313. astical law. That which consists of re;Jular

"The division of conventions into contracts and cl{'rks, professing some order or religion; or
pacts was important in the Roman law. The of dean and chapter; or otber societies ot
former were such conventions as already, by the spiritual men.
older civil law, founded an obligation and nction;
all the oth:::r conventions were termed ' pacts.' CONVENTUALS. Religious men united
These l5enerally did not produce an actionable ob· fn a convent or religions house. Cowell.
ligation. Actionability was subsequent.ly given to
several pacts, whereby they received the same CONVEN'rus. A coming together ; a
power and efficacy that contracts received. " convention or assembly. 001wentu8 magna·
Mackeld. Rom. Law, § 395.
tum velproce1'um (the assembly of chief mell
In English law. An extraordinary as­ or peers) was one of the names of the English
semb ly of the houses of lords and commons. parliament. 1 ill. Comm. 148.
without the assent or summons of the sov­
In the civil law: The term meant a
ereign. It can only be j ustified ex nt1cessitate
gathering together of peopfe ; a crowd as­
rei, as the parliament which restored Charles
sembled for any purpose; also a conven tion,
II., and that whleh d i sposed of tbe crow n
pact. or bargain.
and kingdom to "\Vil1iam and Mary. Whar­
ton. CONVENTUS JURIDICUS. In tho
Also the name of an old writ that lay for Roman law. A court of sessions held i n the

the breach of a covenant. Homan provi nces, by the presiLlent of the

province, assistf-'d uy <l certain n u m ber of
In legislation. An assemuly of delegates
counsellors and assessors. at fixed periods, to
or represc::ntati ves chosen by the people f or
hear and d eter m i n e sllits. and to provide for
special and extraordin ary legislative pur­
the civil admin istration of the pl'ovince.
poses, such as the framing or revision of a
Schm. Civil La.w, Introd. 17.
state constitution. Also an assembly Jf dele­
gates chosen by a political party, or by the C O N V E R S A N T. One who is in tha
party organization in a. larger or smaller tel'- habit of being in a particular place is s aid to
 CONYERSANTES 273 CONVE YANCING COUNSEL. ETC.

be conv ersant there. Barnes, 162. A.c- persons to anotber. 21 Barb. 551 ; 29 Conn.
quainloo; familiar. 356.
An instrument in writing under seal, (an­
CONVERSANTES. In old English law. cien tIy termed an " ass uran ce, " ) by which
Conversant or d welling i commorant. some estate or interest in lands is transferred
from one person to another; such as a deed,
CONVERSE. The tran spositio n of the
mortgage, etc. 2 Bl. Corom. 293. 295, 309.
subject and predicate in a proposition, as:
Conveyance includes every instrument in
" E verythi ng is good in its plac e. II Conve1'se,
writing by which any estate or interest in
"Nothillg is good which is not in its place. "
rea] estate is created. aliened, mortgaged, or
Wha rton.
assigned, or by which the title to any real

CONVE R S I O N . In equity. The estate may be affected in law Of equity, ex­

transformation of one species of property in� cept last wills and testaments, leases for a

to anotb�r, as money into land or land inLo term not exceeding three years, and execu­
moneY i or, more particularly. a fiction of tory contracts for the sale or purchase of D
law, by which equity assumes that such a lands. 1 Rev. St. N. Y. p. 762. § 38; Gen.
transformation has taken place (contrary to St. Minn. 1878. c. 40. § 26; HoW. St. Mich.
the fact) when it is rendered necessary by tbe 1882. § 5689.
eq u ities of the case,-as to carry iDto effect Tbe term " co nveyan ce," as u sed in the

the direc tion s of a will or settlement,-and California Code, embraces every instrumen t E
by which the property so dealt with becomes in writing by which any estfLte or interest i n
invested with the properties and attributes of real property i s created, aliened, mortgaged,
that i n to which it is supposed to have been or incnmbered. or by which the title to any

con verted. real property may be affected, except wills.

At law. An onauthoriz{'d assumption

Civil Code Cal. § 1215. F
and exercise of the right of o w n erShip over
CONVEYANCE OF VESSELS. The
goods or personal chattels belonging to an­
transfer of the title to vessels.
other, to the alteratibD of their condition or
the exclusion of the owner's rights. 44 Me.
CONVEYANCER. One whose business G
197; 36 N. H. 311; 45 Wis. 262. it is to draw deeds, bonds, mortgages . wills,
Conversion is defined to be an una.uthorized
writs, or other legal papers, or to examino
assumption and exercise of the right of ownership
over goods belonging to another to the exclusion
titles to real estate. 14 St. at Large. 118.
of the o\vner's rights. A constructive conversion Re who d raws con veyances ; especia l1y a H
takes place when aperson does such acts in refer­ barri ster who confines himself to drawing
ence to the goods of another aa amount in law to
conveyances, and other chamber prac tice.
appropriation of the property to himself. Every
unauthorized taking of personal property, and all
Mozley & Whitley.
intermeddling with it, beyond the extent of the
authority conferred, in ease a limited authority CONVEYANCING. A term including
has been given, with intent so to apply and dis­ both the science aml act of transferring titles
pose of it as to alter its condition or interfere with
to real estate from one man to anothor.
the owner's dominion, is a conversion. 68 N. Y.
Conveyancing is that part of the lawyer'S busi­
524-
"Conversion n and "carrying away" are not syn­ ness which relates to the alienation and transmis-
onymous nor convertible terms. There may be a sion of propel'ly and other rig hts from one person
to another, and to the fra.miug of legal documents
J
conversion without any carrying away. 26 Ala.
101. intended to create, define, transfer, or extinguish
rights. It therefore includes the investigation of
CONVEY. To pass or trans mit the ti tle toile title to laud, and the prepa.ra.tion of a.gree­
to property from one to another; to transfer ments, wills, articles of association, private stat-

property or the titIe to property by deed or

utes op�rating as conveyances, and many other K
instruments in addition to conveyances properly
instrument under seal. so called. Sweet.
To convey feal estate is, by an appropriate in­
atrument, to transfer the legal title to it from the
CONVEYANCING COUNSEL TO
present owner to another. 29 Conn. U56.
COlJvey relates properly to the disposition at
THE COURT OF CHANCERY. Cer· l
real property, not to personal. 21 Barb. 551, 561. tain counsel, not less than six in Dumber, ap­
pOinted by the lord ch ancel i or . for the purpose
CONVEYANCE. In pleading. Intro­ of aSSisting the court of chancery, or any
duction \)f inducement. j l l dge thereoC with their opinion i n matters
In re al property law. The transfer of of title a n d conveyanc.:in g. Mozley & Whit­ M
'he title of land from Olle person or class of ley •

.uI.DICT.LAW-18
 CONYICIA. ETC. 274 COOPER'fIO

Convicia si irascaris tua divulgas j upon exceptions taken by the accused dnring the
trial, is granted after conviction, within the mean·
spreta ex o le scunt 3 Inst. 198. If you be
.

ing of a cOm;t.iLuLiuual rtl!:lLriction upon granting

moved to anger by insults, you publish tliem i pardon before con viction. When, indeed, the
if despised, they are forgotten. word lIoonviction" is used to describe the ettect of
the guilt of the accused o.s judicially proved in
CONYICIUM. In the civil law. The one case, when pleaded or given in evidence in
name of a species of siander orinj ury uttered auother, it is sometimes used in a. more compre­
in public, and which cbarged 80me one with hensive sense, including the judgment ot the
court upon the verdict or oonfession ot guilt; as,
80me act co'ntra bonos mores.
for instance, in speaking at the plea at atLtr(ifol.8

CONVICT, '0, To condemn after judi­ convict, or of tbe effect of guilt, judicially ascer·
tained, as a disqualification of the couviot. 109
dial investigation; to find a man guilty of a Mass. 323. Sea 17 Pick. 380.
criminal cha rge. The word was formerly
used also in the sense or finding against the CONVIVIUM. A tenure by which a
defendant in a civii case. tenant was bound to provill e meat and (lrink
for his lord at least once ill the year. Cow·
CONVICT, n. One who has been con­
ell.
demnt'd by a COUL't. One who has been ad­
judged guilty of a crime or misdemeanor. CONVOCATION. In ecciesiastical law.
Usually spoken of condemned felons or the The general assembly of the clergy to COD­
prisoners in penitentiaries. Bult upon ecclesiastical matters.
:F'ofmerly a lllaD was said to be convict
wben he had been found gllilty or treason or CONVOY. A naval force, under the
felony. bllt before judgment had been passed command of an officer appoi nted by govern.
on him, after whkh h e was said to be at­ ment. for the protection of merchant-ships
taint. (g. '0.) Co. Litt. 390b. and others. during the w h ole voyage. or such
part of it as is known to require such pro.­
CONVICTED. This term has a definite tection. Marsh. Ins. b. 1, c. 9, § 5 ; Park.
signification in law, and means that a j Udg­ Ins. 388; Peake. Add. Ca•. l43n ; 2 H. BJ.
ment of fioal condemnation has been pro­ 55!.
DOlln<:ed against; the accused. 10 Tex. App.
469. CO-OBLIGOR. A joint obligor ; one
bound jointly with another or otllers in a
CONVICTION. In practice. In a gen­ bond or obligation.
eral sense, the result of a criminal trial
which ends in a judgment or sentence that COOL BLOOD. In the law of homi­
the' prisoner is guilty as charged. cide. Calmness or tranquillity; the undis�
Finding a person guilty by verdict of a turbed possession of one's faculties and
j ury. 1 Bish. Crim. Law. § 223. reason ; tue absence of violent passion, fury,
A record of tile summary proceedings upon or uncontrollable excitement.
any penal statute before one or more j ustices
of the peace or other persons duly authorized, COOLING TIME. Time for the mind
in a case where the offender has been con_ to become 80 calm and sedaLe as that it is
victed and sentenced. Holthouse. supposed to contemplate, comprehend, and
S'llmHna,1'Y GU'n'vidio1l is one which takes coolly act with reference to the consequences
place before an autl Jorized magistrate with­ likely to ensue. 10 Tex. App. 447.
out the intervention of a jury. C O · O P E R A T I O N . Tile combined
In ord inary phrase, the meaning of the action of numbers. It is of two distinct
word "conviction" is the finding by the j ury kinds: (1) buch co-operation as takes place
of a verdict that the accused is guilty. But, when several persons help each other in the
in lega.l parlance, it often denoles the final
same employment; (2) such co-operation as
judgment of the court. 69 N. Y. 109. takes place when several persons help each
Tho ordinary legal meaning of "conviction, "
other in different employments. These may
nhen used to designate a particular stage of a crim�
inal prosecution triable by a jury, is t.he confossion be termed "simple co-operation" and "com�
Df the accused in open COU�·tl or the verdict returned plex co·operation." Mill. Pol. Ec. 142.
.J.gainst him by the jury, which ascertains and pub­
lishes the fact of his guilt; while "judgment I> or COOPERTIO. In old English law. Thei
"sentence" is the appropriate word to clenotA the houd or brnnchc$ of (\ trce cut du wn ; though
action or the conrt bafore which the trial is had, de­
.tladng the consequences to the convict of the fact
cuopcl·tio a1'bo1'llm. is rather the bark ot
th us ascertained. A pardon gl·anted after venlict of timber trees felled. and "fit: chumps aud
gL'ilty, but before sentence, and pending a hearing broken wood. Cowell.
 coorJ<:RTUM 275 COpy

COOPERTUM. In forest law. A cov­ COPARTNERSHIP. A partnerShip.

ert: a thicket (dumetum) or shelter for wild
COPARTNERY. In Scotch law. The
lJeasts in a forest. Spelman.
contract of copartnership. A contract by
COOPERTURA. In forest law. A which the several partners agree concerning
th icket, or covert of wood. the communication of loss or gain, arising
from the subject of the contract. Bell.
COOPERTUS. Covert: covered.
COPE. A custom or tribute due to the
CO�OPTATION. A concurring choice i
crown or lord of the soil, out of the lead
the election, by the members of a close cor·
mines in Derbyshire; also a hill, or the roof
poration, of a persoll to fill a vacancy.
and covering of a house; a church vestment.
C O - O R D I N A T E and SUBORDI­
COPEMAN, or COPESMAN. A chap­
NATE are terms often applied as a test to
man, (g • •• )
ascertain the doubtful meaning of clauses in
an act of parliament. If there be two. one of COPESMATE. A merchant; a partner 0
which is grammatically goverlled by the ath· in merchandise.
er, it is said to be " subordinate" to it ; but,
COPIA. Lat. In civil and old En­
if both are equally governed by some third
glish law. Opportunity or means of access.
E
clause, the two are called "co-or dinate . "
In old English la.w. A copy. Copia
Wha l'ton.
libelli, the copy of a libel. Reg. Orig. 58.
COPARCENARY. A species of estate,
or tenancy. which exists where lands of in· COPIA LIBELLI DELIBERANDA.
beriLanc(;' descend from the ancestor to two The name ot a writ that lay wbere a man
or more persons. It arises in England either could not get a copy of a libel at the bands
of a spiritual judge, to have the same deliv­
F
by common law or particular custom. By
common law, as where a person, seised in ered to him. Reg. Orig. 5l.
fee-simple or fee-tail. dies. aJvl his next heirs
COPIA VERA. In Scotch practice. A
arC' two or more females, his daughters, sis­ true copy. Words written at the top of
terti, aunts, cousins, or their representatives;
copies of instruments. G
in this case they a l l inherit. and these co­
heirs are then called " coparceners." or, for COPPA. In English law. A crop or
breviLy, "pa.rcellers" only. Litt. �§ 241, 242; cock of grass, hay, or corn, divia.ed into
2 BL Comm. 187. By particular custom. as tithe-able portions. that it may be more fairly
where lands descend, as in gavelkind, to all and j ustly tithed. H
the males in eq ual degree, as sons, brothers,
COPPER AND SCALES. See MANOI­
uncles, etc. Litt. § 265; 1 Steph. Comm.
PATIO.
319.
While joint tenancies refer to persous, the idea
of coparcenary reftws to the estate. The title to
COPPICE, or COPSE. A small wood,
consisting of underwood, which may be cut
I
it is always by descent. The respective shares at twdve or fifteen years' growtb for fuel.
may be unequal; as, for instance, one daughter
and two granddaughters, children of a. deoea.sed COPULA. The corporal consummation
daughter, may take by the same act of descent.
As to strange]'s, the tenants' seisin is a joint one,
of marriage. Oopula. (in logic,) the link be- J
but, as between themselves, each is soised of his tween subject and predicate contained in the
or her own share, on whose death it goes to the verb.
beirs, and not by survivorship. The right of pos�
session of copal'ceners is in commOD, and the pog..
Copulatio verborum indicat accepta­
session of one is, in general, the possession of the tionem in eodem sensu. Coupling of
others. 1 Washb. Real Prop . *414. words togt->ther shows that they are to be K
u n derstood in the same sense. 4 Bacon' .
COPARCENERS. Persons to whom an
Works, p. 26; Broom. Max. M�8.
estate of inheritance descends jointly, and
by whom it is held as an entire estate. 2 ill. COPULATIVE TERM. One wllich Is
Corom. 187. placed between two or more others to i
jo n L
COPARTICEPS. In old English law. them together.
A coparcener.
COPY. The transcript or double of an
COPARTNER. One who i. a partner original writing; as the copy of a patent.
with one or more other persolls; a member charter, deed, etc. M
of a partnership. ExemplifWations are copies verified by the
 COpy 276 CORD

great seal or by the seal of a co urt. 1 Gilb. publication, or common·la.w copyright. The wurd
Is a.lso used synonymously with "literary pl'OJ)­
Ev. 19 .
erty ; " thus, the exclusive right of the owoer pub­
Examined copies are those which have been licly to read or exhibit a work is often called "copy'
compared with t.he original or with an official right. .. This is not strictly correct. Drone, Copyr,
record thereof. 100.
Uffice copies are those made by officers in­ Interna.tional copyright is the right of a
trusted w i th the originals and authorized tor subject of ono country to protection agaim�t
that pu rpose. the republicatio n in an other country of a
work which he originally published in hiB OWD
COPYHOLD. A species of estate at will,
country. Sweet.
or customary estato in Eng land . the only vis­
ible title to w h ich consists of tbe cop ies o f tbe CORAAGIUM. or CORAAGE. Meas·
COU1't rolls, which are made out. by ihe stew­ ures of corn. An unusual and extraordi�
ard of the manor, on a tenant's beillg admi t­ nary tribute. arising only on special occasions
ted to any parcel afland, or tene men t. belong­ They are thus distinguished from services,
ing t.o the manor. It is an estate at the will Mentioned in connect.i on with htdage and
of the lord, yet snell a will as is agreeable to ca1'vage. Cowell.
the custom. of the manor, which Cl1stoms are
preserved and evidenced by the rolls of the CORAM. Lat. Before ; in presence of.

several courts baron, in which they ure en­ Applied to persons only . TOWllSb. Pl. 22.
tered. 2 Bi. Comm. 95. In a larger sense,
CORAM DOMINO REGE. Before our
cop?/hold is said to import. every customary lord the king.
Curam domino 1'4g6 'Ubi­
tenure, (that is. every tenure pending on the
cumque tunc fuerit Anglim, befo re our lord
part.icular custom of a llilllor,) as opposed to
the king wberever he shall then be in Eng­
free socage, or freehold, wh ich may now
land.
(since tbe abolit.ion of knight.service) be con­
sidered as the general or corum on-law ten ure CORAM IPSO REGE. Bef!>ra the king
of tba country. 1 SLapb. COroID. 210. himselJ'. The old name of the court of king'!
bench, which was originally held before the
C O PY H 0 L D COMMISSIONERS.
king in person. S HI. C omm . 41.
Commissioners apPoi nted to carry into effect
various acts of parliament, having for their CORAM NOBIS. Before us ourselves.
principal objects the compulsory commutat.ion (the king. i. e., in the king's or quee n 's
of manorial buruens and restrictions, (fines. bench.) Applied to writs of errOr directed
heriots, rights to timber ..nd minerals, etc .• ) to anot.her branch of the same court, c. g.,
and the compulsory enfranchisement of copy­ from the full ben ch to the co urt at nisi p1·ius.
hold lands. 1 Steph. COrolD. 643; Elton. 1 Archb. Pr. K. B. 234.
Copyh.
CORAM NON JUDICE. In presence
COPYHOLDER. A tenant by copyhold of a person not a j udge. When n suit is
tenure, (by copy of court-roB.) 2 Bl. Comm. brought and deterrnllled in a court Which hus
95. no j u r is diction in the maUer. then it is said

COPYRIGHT. The right of l i tera ry prop­ to be C01'am, non judice, and the j udgment is
void.
ertyas recognized and sanctioned by po si ti v e
law. A right granted by statute to t. he a uthor CORAM PARIBUS. Before the peer.
or originalor of certain literary or artistic pro­ or freehol d ers. The attestation of ueed!l. 1ike
ductions. whereby he is i n v esteu, for a lim· all other solemn transac:Lions. was originally
ited period, with the solo and exclusive priv­ dune only coram partbus. 2 BI. Corum. 307.
ilege of multiplying copieti of the same and C01'am pa1'ibus de vicineto. before the peers
publishing and selling them . or freeholders of the neighborhood. Id. 315.
An i n corporeal right, being t he f'xcl usive
CORAM SECTATORIBUS. Before the
pr i v ilege of printing. repri nting, s elli ng . and
suitors. Cro. Jac. 582.
publis l l i ng his OW11 original work. which the
law allows an author. Wli arton . CORAM VOBIS. Befora yon. A writ
Copyright is the exclusive right of the owner of of error directed by a court of review to the
a.n intellect.ual production to multiply and dispose
court which tried the cause, to co rrect an er­
ot copies ; the sole right to tho copy, or to copy it.
The WOrd is used indifterently to signify tbe statu· ror In fact. 3 Md. 325; 3 Steph. COIDo]. 642.
tory and t.he common-law right.; or one right is
CORD. A meas ure of \rood. (.ontainin g
/Sometimes called " copyright" aftel' publication, or
statutory copyright; t.ho other copyright before 128 cubic feet.
 CO-HESPONDENT 277 COR0NATORE EXONEHANDO

CO-RESPONDENT_ A person sum­ CORODY. In old Englisb law . A sum

ILiDned to answer 8 bill, petition, or Jibel. to­ of money or allowanl:e of meat. drink, and
gether with another respondent. Now chief­ clot hing due to the cro wn from the abbey or
ly used to desi gna te the persoll charged with otherreligiolls house. where Of it was founder,
adultery with the respon uent in a suit for di­ towards the susten tation of such one of its
vorce for that cause, and jo ined as a defend­ servants as is tho ught fit to receive it . It
ant with Buch party_ differs from a pension, i n that it was allowed
to wards the m aintenan ce of any of t he king's
CORIUM FORISFACERE. To forfeit servants in an abbey; a pensi on bei ng gi ve n
one's skin. applied to a person condemned to to one of the king's chaplai ns, for bis better
be whipped; ancien tly the punishment of a mninLf'l1ance, till he may be pro vided with a
.
servant. Corinm pe1'dere, the sl.me. Cori­ benefice. F itzh _ N.t. Brev_ 250_ See 1 Bl.
tt7n redimere. to compo und for a wh i pp i ng. Comm. 283_
Wharton.
COROLLARY_ In loglc_ A collateral
CORN. In Engl ish law, 8 gen eral term
for any sort of grai n ; but in America it is
or secondary co nsequ ence, deduction. or in� 0
properly applied o nly to maize. In th e mem­
ference.
orandum clause in poli cies of insurance it in­ CORONA. T he crown. Placita coronre,.
cludes pease and beans, but not rice. Park, plpas of the cro wn ; criminal actions or pro­
In •. 112_ ceed i ng::!, ill which the crown was th.;, prose· E
CORN LAWS. A species of protecti ve
cutor.
tariff formerly in ex isten ce i n England, im� CORONA MALA. In old English law .
posing import,..d uties on various kinds of The clergy who abuse their character were
grain. The com laws were a bol ished in ISO called . Blount. F
1846.
CORONARE. In old records_ 1'0 give
CORN RENT. A rent i n wheat or malt
the ton sure. which was done on the crown,
paid on col lege leases by direction of St. 18
or in the f orm of a cro wn; to make a man a
Eli,. c. 6.
G
2 B1. Comm. 609.
priest. Cowell.
CaRNAGE. A species of tennre in Eng�
CaRONARE FILIUM. To make one's
Jand, by which tile tenallt w as bound to blow
SOl1 a priest . Homo C01"Onatu8 was one who
8 horn for the sake of al a rming the counLry
had received the first t onsure, as preparatory
It was a spe�
H
on the approach of an enemy.
to s upe rior oruers. and the tonsure was in
nies of grand serj eanty. Bac. Abr. "Ten­ '
form of a corona, or crown of thorns. Co well.
ufe," N.

CORNER. A combin�tioll alDong the CORONATION OATH. The oath ad­

dealers in a specific commodiLy, or outside ministered to a so v e rei gn at the cerem ony of
capi t alists. for the purpose of buyi n g up the crown ing or inv�sting h im with the insignia I
greater porlion of tha.t commod i ty which is of royalty. in ack n o w ledgm en t of his right
upon the market or may be brought to mar­ to govern the kingdo m, in which he swears
ket. and holdi ng the same back from sale, lIn­ to observe the laws, customs. and pri Vl leges
of the ki ngd o m , and to act and do all th ings
J
til the demand sllall so far outnlTI the lim�
ited supply as to advance the price abnor­ conformably thereto. 'Vharton .
mally. 72 Pa. St. 158; 101 Mass. 145.
C O R O NA T O R_ A coroner, (g_ �_)
In surveying. .An angle made by two
Spelman .
boundary lines; the common end of two
boundary lines, which rUIl at an a ngle with CORONATORE ELIGENDO. The K
each other. name of 8 writ issued to the sheriff. com­
m a nd i n g him to proceed to the election of a
CORNET. A com mission ed officer of
coroner.
cavalry, .. bollshed In England in 1871. an d
not ex:isting in the Uni ted States army. CORONATORE EXONERANDO. In L
Eng-lish law. Tbe name of a writ foc the
CORODIO HABENDO. The name of a
re moval of a coroner, for a calise whi ch is to
writ to exact n corody of an abbey or religious
be therein assigned. as that he is engaged in
bouse,
other business. or incapacitated by years or
CORODIUM. In old English la w . A s ickness, or has not a sufficient estate in the M
corody. cou nty, or lives i n alii. inconvenient part of it.
 CORONEll 278 CORPORATION

CORONER. Th e nalDe of an ancient of­ CORPORATE. Belongi ng to • oorpo­

ficer of the common law, whose office and ration; as a corpo a r te name. Incorporated;
functions are continued in modern En glish as a c orporate body.
and American administration. The coroner CORPORATE NAME. When . corpo­
is an officer i elongi ng to each co un ty. and is
J

charged with d uties bot h j udi cial and minis­

ration is erected, a name is always given to
or, supposing Ilone to be actually given.
terial, but chi efly the former. It 1s bis spe­ it, will attach to it by implication, and by that
cial province and duty to make inquiry into
nam e alone i t must sue and be s ued, and do
the cau ses and circumstances of any death
all Jegal acts though a very mi nu te variation
bap J en i ng \vithin h is tflrritory whi ch occu rs
,
,

through violence or s udd e n ly and with marks

therein is not material, and the name is ca­
pable of bei ng ch an ged (by competent au­
of suspi cion . This examlnation (called the
u col'oner s in q uest ) i s held with a jury of
' !>
thority) without affecting the identity or ca­
proper persons upon view of the dead bouy.
pacity of the c:orporation. Wbarton.

See Rract. fol. 1�1; 1 BI. Comm. 346-1148; 3 CORPORATION. A franchis6 possessed
Step h . Cam Ill . 33. In England, ano ther by one or IDore i nd ividuals, who subsist as a
branch of his judicial
office is to inqui e COD­ r body p o liti c. under a special denomination,
cern in g shipwrecks, and certify whether and are vest ed by the policy of the law with
w reck or not, and who is in possession of the the capacity of perpetual Buccession , and ot
e con cerni ng treas­
goods j and also to in qui r act.in g in several respects , however numer­
ure trove. who were t.he finders. and wher e ous the association may be, as a sin gle indi­
it is. and whether any one be suspected of vidual. 2 Ken t. Camm. 267.
having fou nd and concealed a t reas ure 1 . An artificial person or being, endowed by
Bl. Comm. 349. It belongs tothe ministerial law wit h tbe capacity at perpetual succes­
office of the coroner to serve writs and otber it
sion; cons s i ng either of a single indi vidual,
d e e l to discharge the du­
process. an g n ral y (term ed a .. co rpora tion sole ) or of a collec­
,"

ties of th e sheriff. in case of the i ncapaci ty ti on of several indi viduals, ( wliich is termed
of that omcer or a vacancy in bis office. a ucorporation aggregale. ") S Steph. Corum.
166; 1 BI. Comill. 467. 469.
C O R O N E R ' S COURT. In En gland.
A tribunal at record. where a cor oner holds A corporation i s an i ntell c ual body , C� et
his i nqui ries .
at ed by law. compos ed d u
of i n i vi d als united
under a com man name, the members of which
CO RPORAL. Relati ng to the body ; c
suc eed each other, so that the body con tin.
bodily. Should be distinguished from cor­ e
u s al ways the same, notwi thstan din g the
e
por al. (q. o.) g
chan e of t he individuals who compose it,
A non- com missioned officer of the lowest and which, for certain purposes, is considered
grade in a com lJs ny at soldiers in the army. a na tural person. Civil Code La. art. 427.
A corporation is an artificial person er&­

which consi sts in layin g ofewhose existence.epowers, and liabilities is

CORPORAL OATH. An oath. the ex'
at d by law for sp ci fi c pu rposes. the limit
ternal solem nity of
one's hand upon the Gospels while the oath
is admin istered to him. More ge nerally. a
fixed by the act of i n corporation . usually
call ed its "charter." Co"e Ga. 1�82. § 1670.
solemn oath. Classification . According to the accepted
The terms "corporal oatb " and "solemu oath "
are. in Indiana, at least, used synonymously ; and cla ssi ficati on of corporations. they are first di­
nn oath taken with the uplifted hand may be prop­ vided into public and private.
erly described by either term. l Ind. 184.. .A public corporation is ODe havi ng tor ita
object the admin istration of a portion of the
CORPORAL TOUCH. Bodi ly touch;
ee w
po ers of g ov rnm en delega e t
to i t for ted
a.ctual pbysical contactj manual appr b n­
sion.
u
thl.lt p rpose j such are m uni cipal corpora·
tions. .All oth ers are private. Code Ga.
CORPORALE SACRAMENTUM. In 1882. § 1672.
i
old Engl sb law. A corporal oath. Corporations are either public or private. Pub­
lic corporations are formed Of' orgnnized tor the
Corporalis injuria non recipit msti­ government of 0. portion of ths state ; all other COf'­
mationem de futuro. e a
A p rson l injury porations are private. Civil Code COol. § 284.
does not
receive satisfacti on from a future. Public corp oration s are generally esleemed Bucb
c ed
course of pro e ing , [;� not left its sat­ for as exist for pOlitical purposes only, such as towns,

isfaction to a future c01ll'se of pro eding.] ce cities, parishos, and counties; and in many re­
spects they are 80, although they involve some pri·
Eac. Max. reg. 6 ; D r oo , Max. m
278. vate interest ; but, strictly speaking, public cor·
 CORPORATION 279 CORPOREAL PROPERTY

potations are SUCll only as are founded by the gov­ CORPORATION COURTS. Cer tai n
ernment for public purposes, where the whole courts in Virginia described as follows: "Fat
Inlereats belong also to the government. If,
each city of the state, there shall be a court
therefore, the foundatioD be private, though under
the charler of the government, the corporation is called a I cor poration court,' to be beld by a
private, however exteosive the uses may be to juuge. with like qualiOcations and electpd in
which it is devoted, eitber by the bounty of the the salUfl rna.nner as j udges of the co unty
founder or the nature and objects ot the institu­
OOUl't." Code Va. 1S87 , § 3050.
tion. The U8es may, in a. certain sense, be called
"public, .. but the corporations arC private, as much CORPORATION SOLE. A corporation
10, indeed, as if the franchises were ,·cst.ed in a
consi s li ng of one person onl y, and bis snc4
single person. 4, Wheat. 518. 562; 1 WJill. Jr. 275.
ce5�ors in some particular s tation, who are
All private corp orations are divided into
in corporated by law in orde r to give them
ecclesiastical and laYj the former are su ch
some legal ca pacities and ad v antages, par­
as are co mpose d of reli gi o us persons organ�
ticularly th at of perpetuity, w hi ch in their
lzed for spiri t u al purposes, or for admini ster­
natural persons they could not haTe bad. In
i ng property held fo r religiOUS uses; tile lat.­
ter are such as exist for secular or business
thi s sense. the soverei gn in England is a sal e D
corporat.ion, so is a bishop, so are some deans
purpose>s.
distinct from their several chapters, and 50 is
Lay corporations are class ified as eleemosy­
every parson and vicar. 3 Steph. C om m .
nary or civil ; t he former are such as are

E
168, 169; 2 Kent, Com m. 273.
created for lhe distribuliou of charities or for
A corporation sole consists of a single person,
p urposes fall in g under the head of "charita­ who is made a. body corporate and politic, in order
blell in its wiliest se ns e, e. g., h ospitals. asy­ to give him somo legal capacities and advantages,
lums. collegt's; the latter are organ ized for a.nd especially that of perpetuity ; as a bishop,
dean. etc. 7 Abb. Pro 1S4; 22 Pick. 122.
the faci litati ng of business transactions and
the profit of the ruemlJers. CORPORATOR. A m ember o! a corp.,. F
Corporations are also classed as agg1'egate ratioa aggregate. Grant, Corp . 48.
or 80le ; 85 to this di ...·ision. see COUPORA.'J'lON
AGGREGATE; COUPORATlON SOLE. CORPORE ET ANIMO. Lat. By the

G
body and by the miud ; by the physical act
CORPORATION ACT. In E n gl ish
and by the mental intent. Dig. 41, 2, 3.
law. The statute 13 Car. II. St. 2, c. 1; by
w hich it was provided that no person should CORPOREAL. A term descript i ve ot.

thereafter be elected to office in any corporate such things as have an objective, material
existe nce ; perceptible by the senses of sight
H
town that should not, within one year pre­
viously. have taken the sacrament of the and touch; pos sess ing a real body. Opposed
Lord's Supper, accordjng to the rites of the to incorporeal and spiritual.
Church of Engl anu ; and every person so There is a distinction between "corpureal" and
"corporal " 'l'be former term means "po�sessing
elected was also required to tah;e the oaths of
a. body, " that Is. tangible, physical, materia.l; the
3 Steph. Comm.
allegiance and supremacy.
103, 104; 4 HI. Comrn. 58. This statu te is
latter means "relating to or affecting a body, " that I
is, bodily. external. Corporeal denotes the nature
now repealed. 4 Step h . Comm. 511. or physical existonce of a. body; corporal denotes
its exterior or tbe co-ordination of it with some
CORPORATION AGGREGATE. A other body. Hence we speak of "corporea.l here­
collection of several individuals united into
J
ditaments, " but of "corporal punishment, ""corpo­
ral touch, " .. corporal oath, " etc.
one body, under a special denomination, a nd
baving perpetu al succession under an arti­ CORPOREAL HEREDITAMENTS.
ficial form, and vesLed by the policy of the Substantial perm anent Obj ects which may be
Jaw with the capaci ty of ac ting in Beveral inherited. The term "land" will include all
respects as an individual. Shelf. ,l\rortm. 22; ouch. 2 BI. Comm. 17. K
1 Kyd, Corp. 13 ; 2 Kent, Comrn . 267.
CORPOREAL PROPERTY. Such ..
An aggregate corporation, at common law, is &
collection of individuals, united into one collective affects the senses, and may be seen and
body, under a special name, and possessing cer­ bandIed by the body, as opposed to incorpo­
tain immunities, privileges, and capacities, in its
collective character, which do not belong to the
real p rop er ty, which cannot be seen or hand­ L
led; and exist5 only in contem plation. Thus
natural persons composing it. It is an artificial
person, existing in contemplation of law, and en­ a bo use is corpo real, but the annual rent
dowed with certain powers and franchises, which, payable for its occclipation is incorporeal
though they must be exer0ised through the medi­
M
Corp oreal p rop erty is. if m ovable, capable of
um of it.s na.tural members, are yet considered 3S
manual transfer; if im movable, possession
subsisting iu Lbo corporation itself, as distinctly
as U It WOl'e 0. real personage. 4. Wheat. 518, 561. of it may be deli vered up. But incorporeal
 CORPS DIPLOMATIQUE 280 CORRELATIVE

property cannot be so transferred. but so me CORPUS JURIS. .A. body of law. A

oUler means lll ust be adopted for its transfer, term used to sign ify a book compre hending
of which the most usuHI is an instrume n t i n several collections of law. Th ere are two
writi n g. Mozley (.% 'Y hit, ley . pri n cipa l collections to which this name ill
given; the Corpus Juris Givilili. and the
CORPS DIPLOMATIQUE. In inter­
national law. Amb assadors and diplomatic
GorpUlJ Juris Ganonici, ( q. v. )

persoDs at any court or capilal. CORPUS JURIS CANONICI. The

CORPSE. The dead body of a h uman body of tl1e C<1.non law. A compilation of the
bei ng. can on law, comprising the decrees and can­
ons of t.he Homan Church, con st i tu ti ng the
CORPUS. (Lat.) Dody; the body ; an
body of ec:clesiastical law of that chul"l�b.
aggregate or maRS, ( of men , la \VS, or articles ;)
physical substance. as distinguished from in­ CORPUS JURIS CIVILIS. The body
tel lect ual conception; the p ri ncipal sum or of the c:i v il law. The system of Roman ju­
capital, as distinguished from interest Or in- ri s p r ud ence compiled and codified under the
come. di recti on of the emperor Justinian, i n A. D.
A 8ubstantbI or posi ti ve fact. as distin­ 521:l-534. This co l lecti o n com prises th e In­
gui sh ed from what is equivocal and ambig u­ stitu tes, D igest. , (or Pandects,) Code. and
OllS. T he carpu,s delicti ( uody of an offense ) NovelS. TLe name is said to h a ve been first
is the f act of its ha ving been actually com­ applied to this collection early in the seven.
mitted . Dest, Pres. 269-279. teenth century.
A corp oreal act of any kind, (as distin­
CORPUS PRO CORPORE. Lat. In
g u ish ed from animus or mere i ntentio n, ) on
olrl records. Body for body. A phrase ex­
the part of him who wishes to acqu ire a
pressing the liability of ma n u capto rs. 3 How.
thing, whereby he obtains t he physical abil�
St ate '.rr. 1l0.
ity to exercise his power over it whenever be
p leases. The word occurs freque ntly in this CORRECTION. D iscipl i ne ; chastise-
sense in the civil law. Mackeld . Rom. Law. ment administered by n master or other per.
§ 248. 80n in au thori ty to one WllO has com mitted
nn offense, for the purpose o f curing his
CORPUS CHRISTI DAY. In English
fa ults or bri nging llim into proper sul>jec­
Jaw. A feast i n s titut ed in 1264. in honul"of
tion.
�he sacrament. 32 Hen. vm. c. 21.
CORRECTION, HOUSE OF. .A. pris­
CORPUS COMITATUS. The body of a
on for the reformation of petty or j u veniIe
co unty. '1'he whole county. as d isti ngu isbed
offenders.
from a part of it. or any particular place in
it. 5 Mason, 290. CORRECTOR OF THE STAPLE. In
old English 13 W.
A clerk bel o ngi ng to the
CORPUS CORPORATUM. A corpora­
stapl e , to write and rec ord the bargains ot
tion j a corporate bo dy, othe r th an m u nici pal.
merchan ts there made.
CORPUS CUM CAUSA. (The body
with the cause . ) An E ngl ish writ which is·
CORREGIDOR. In Spanish law. A
m agistrate who took cognizance of va rio us
sued out of chan cery, to remove boLh the body
misdemeanors, and of ci vi! matt e rs . 2 'White,
and ihe record , tOUChin g t.he ca'Use of an y man
Ne w Recap. 53.
lying in execution upon a j udgm ent fcJr debt,
into the I
d ng's bencb, there to remain until CORREL Lat. In th e civil law. Co­
he satislled the j udgment . Cowell; Dlount. stip ulators j joint stipulators.

CORPUS DELICTI. The body of a '

CORREI CREDENDI. Lat . In the
crime. 'rhe body ( material s u bstance) upon civil and Scotch law. Joint creditors j c redo
which a crime has beeu com mi Lted , e. fl., the Ilors in solido. Potb. ObI . pt . l!, c. 4, art. 3,
corpse of a mu rdered mao. the charred re­ § 11.
mains of a house burned down. lna oel'i va­
tive sense, the su bstance or foundation or a
CORREI DEBENDI. Lat. In Scoteb

crime; t.he substantial fact that a crime has

Jaw. Two or more persons bound as princi.
pal debtors to another. E rsk . lnst. 3 . 3, 74.
been committed.

Corpus humanum non recipit resti­ CORRELATIVE. Having a mutual or

mationem. Th e h 11 man body d oes not ad­ reciprocal relation, in such !sellse tl l at the
mit of valuation. nob . 59. existclll:e of one necessari ly implies the ex�
 CORRESPONDENCE 281 COSS

Istenca of the other. Father and 8m are CORSNED. In Saxon law. The morsel
correlaLive terms. Right and duty are cor· of execration. .A. species of or�eal in use
reh�tive terms. among the Saxons. performed by eating a
piece of bread over which the priest had
CORRESPONDENCE. Interchange of
pronounced a certain i mprecation. If the
written communications. The letters w r i t­
accused atE' it freely. he w as
prollounced in­
len by a person and the answers written by
nocenti iJut, if it. stuck in his th roat , it was
the one to whQtn they are addressed.
con sidered as a proof of his gu ilt. Crabb.
CORROBORATE. To strengthen j to Eng. Law, 30; 1 Reeve. Eng. La w , 2 1 j 4 BI.
add weight or credibility to a thing by addi­ Comm. 345.
tional and confi rming facts or evidence.
CORTES. The name of the legislative
The expression "corroborating circumstances"
assemblies. the p arl iamen t or congress, of
.:learly does not mean fact. which, independent of
a collfession, wili warrant a conviction ; for then
Spain and Por t ugal.
tho verdict would stand not on the confession, but
upon those independent cirCUmE'.tRllces. To cor­
CO RTE X. TI�e bark of a tree; the outer 0
,
covering 0f any t Iuog.
roborat6is to strengtilen, to confirm by additional
sccurity, to add strength. l'he testimony of a
CORTIS. A court or yard before a house.
witness is said to be corroboratod when it is show n
Blount.
Ie corrc9'[.lond with the representation of some oth­
or \vitness, or to comport with some facts other­
CORTULARIUM, or CORTARIUM.
wise known or esta.blished. Corl'Oborating cir­
In ol d records. A yal'd adjoining a co u ntry
E
oumstances, tilen, used in reference to a confes­
sion, are such as sar-vil to strengthen it, to rendor farm.
it more probablo; such, in short, QS may serve to
impress a jury with a belief in its truth. 10 N. :f.
CORVEE. In French law. Gratuitous
Law, 163. labor exacted from the Vil l
a ges or commu�
Corruptio optimi est pessima. Corrup­
nities, especially for repairing roads, con­ F
st ructing bridges, etc.
tion of the best is worst.
COSA JUZGADA. In Spanish law. A
CORRUPTION. Illegality; a VIClO\�B
cause or matter adj ud ged , (res iUdicata.)
and fraudulent intention to evade the prohi­
bitions of the In w.
'Whlte, New Recap. b. 3, tit. 8, note. G
'file act of an official or fiduciary persob COSDUNA. In feudal law. A custom
who uulawfully and wrongfully uses his sta­ or tribute.
uion or character to procuro some benefit for
COSEN, COZEN. In old Engl ish l aw .
himself or for another person, contrary to
To cheat. W A cosening knave. " 3 Leon. H
duty and the right s of others.
171.
CORRUPTION OF BLOOD. In En· COSENAGE. In old En gli sh law. Kin�
glish law. Tllis was the consequence of at­ dredj cou sin ship . Also a wr it that lay for
tainder. It meant that the attainted person the heir where the t1"esail, i. e., the father or
eould neither inherit lands or other beredHa� the besaU. or great-grandfather. was seised
ments from bis ancestor, nor reta.in those h e of lanels in fee at his death, and a stranger
fllrei\dy had, nor Lmnstnit LhelU bydescent to enLered UP0tl the Janll and abated. Fitzh.
any heir. because his blood was considered Nat. Brev. 221.
In law to be corrupted. This was abulished J
COSENING. In old English
law. An
by St.3 & 4 IVm. IV. c. 106, ami 33 & 34
offense, mentioned in the old books. w here
Viet. c. 23; an d is tlnk nown in America.
anything w as done deceitfully, whether be­
Const. U. S. al"t. 3, § 3.
longing to contracts or not, w hic:h could not
CORSELET. Ancient armor which be properly termed by any !:)pecial name. The K
covered the body. same as the stellionatus of the civil law.
Co w ell.
CORSE�PRESENT. A mortuary, thus
termed because. when a mortuary became COSHERING. In old English law. A
due on the death of a man, the best or sec� felidal prerogative or c ustom for lords to l ie L
ond-best beast was, according to custom, anli feast themselves at their tenants' houses.
offereLi. or presented to tile priest, and carried Cowell.
with the corpse. In \Vales a corse-present
COSMUS. Clean. Blannt.
was due upon the d eath of a Clergyman to
the bishop of the djocese, till abolished by COSS. A term used by Europeans in In� M
12 Anne St. 2, c. 6. 2 B1. Comm. 426. dia t o denote a road-measure of about two
 COST
mnes, but diff er ing in different parts,
Wharton .
COST. The cost of an article p urchased
for ex portatio n is the price paid, with all i n·
cidentaJ cha rges paid at the place of expol'taw
tio n . 2 'Vash. C. C. 493. Cost price is that
actually paid for goods. 18 N. Y. 837.
COST-BOOK. A book i n which a n u m­
ber of adven t u re rs who have obtained per­
mission to work a lode, and have a g r eed to
share the enterprise in certai n proporliolls,
enter the ag reeme nt, and from time to time
the receipts and expenditures of the mine,
the names of the shareholders. their respect­
ive accounts with the mine. and transfers of
share s. These associations are cal led "Cost�
Book Min i ng Companies, " and are governed
by tbe general law of partn ers hip. Lind!.
Partn. *147.
CO-STIPULATOR. A joint prom iso r.
COSTS. A pecuniary allo wan ce. made to
the successful party. (and recoverabl e from
the lOSing party.) for his expenses in prose­
cuti n g or defendi ng a suit or a distinct pro­
ceeding within a suit.
Costs und fees were originally altogether ditIer·
cot in their nature. The one is aa allowance to a
part!} for expenses incurred in prosecuting 0,0;" de-­
fending a suit; the other, a compensation to an
of1£cer for services rendered in the progress of a
cause. Therefore, while an executor or adminis­
trator was not personally liable to his Mvel'sary
for costs, :ret, if at his instance an officer pcr­
formed services for him, he had a personal demand
for his lees. 11 Sergo & H. 247. There is in our
statute a manifest difference botween costs and
fees in another respect. Costs al'e nn allowance to
a party for the expenses incurred in prosecuting
or defending a 9uit,-an inoident to tho judgment;
wbile fees are compensation to :public officers for
services rendered individua.ls not in the course of
litigation. 58 Ala. 579.
[n Engl and . the term is also used to des ig­
nate the c harges Which an a t t orn ey or solic�
itor is entitled to make and reco ve r from his
cl ien t, as his remuneration for p rofessi onal
services. s u c h as legal advice. attendances.
drafting and copyi ng documents, conduct.
ing legal proc eedings. etc.
C O S T S D E INCREMENTO. In­
creased costs. costs of in crease. Costs ad­
iudged by tho court in addition to those as­
sessed by the jury. 1 3 How. 372.
Those extra expenses incu rred which do
not appear o n the face of the proceed i n gs,
such as witnesses' expenses, fees to cO ll nse l,
a.t ten dances, court fees. e tc. ·Wharton.
COSTS OF THE DAY. Costs which
are in curred in pr ep ar i n g for the trial of a
282 COTTIER TENANCY
cause on a spe ci fi ed day, consisting of wl�
I nesses' fees, and oth er fees of attendance.
Archb. N. Prac. 281.
COSTUMBRE. In Spanish law. Cu..
tom ; an un written la w established by usage.
during a lo n g space ot time. Las Parti daa.
pt. 1 . tit. 2. I. 4.
CO�SURETIES. Joint sureti es j twoor
more sureties
to the same obligation.
COTA. A cot or hut. Blount.
COTAGIUM. In old English I.w. A
cottage .
COTARIUS. In old En gli sh law. A
co tt age r,
who held i n free socage. and paId a
s tated fine or rent in provisions or money.
with some occ asio na l p ersonal services.
C O T E R E L L I . Anc iently . a kind o!
peasa n try who were outlaws; robbers.
IHount.
C O T E R E L L U S. In feudal law. A
servile tenant. who held in mere villenage;
his person, issue, and go ods were disposable
at the lord's pleas ure .
COTERIE. A fashionable association, or
a kn ot of persons forming a particular circle.
The origin of the term was purely commer·
cial. s i gn ifyi ng an association. in which each
member fu rn is hed his pa rt. and bore bis share
in tile pro fi t and loss. \Vbarton.
COTESWOLD. In old records. A place
where there is no wood.
COTLAND. In old Engl ish law. Land
held by a cottager. whether in socage or vil­
lenage. Cowell.
COTSETHLA. In old E ll gli sh law. The
little seat or m ansi on be longin g to a small
farm.
COTSETHLAND. The .eat of • cottag.
w ith the land belonging to it. Spelm an .
COTSETUS. A cottager or cottage-hold.
er who held by servile tenure and was bound
to do the work of the lord. Cowell.
COTTAGE. In English law. A small
dwelling·l!ouse that has no l an d bel o ngin g to
it. Shep . Touch. 94; 1 Stra n ge . 405; 2 Ld.
Raym. 1015; 1 5 A.d. & EI. (N. S. ) 244.
COTTIER TENANCY. .A specie, o!
tenancy in Ireland. constituted by nn agree­
m ent in writing, a nd s ubj ect to th e fo ll ow­
i ng terms: That the tenement consist of a
d w ell ing-ho u se with not more than half an
acre of landi at a rental n ot ex ceeding £5 a
 COTUCA
year ; the tenancy to be [or not more than a
month at a time; the landlorrl to keep the
house in good repair. Landlord and Tenant
Act. Ireland. (23 & 24 Vict. c. 154. § 81.)
COTUCA. Coat armor.
COTUCHANS. A terlll used In Domes·
day for peasants, boors, hU�5 ba ll dmen.
COUCHANT. Lying down; squatting.
Oouchant and let>ant (lying down and rising
up) is a term applied to animals trespassing
on the land of oue otber than their owner,
for one night or longer. 3 HI. Com ill. 9.
COUCHER, or COURCHER. A factor
who continues abroad for traffic, (37 Edw.
ill. c. 16;) also the general book wherein any
corporatiou, etc . • register their acts, (3 & 4
Edw. VI. c. 10.)
COUNCIL. A.n assembly of persons for
the purpose of concerting measur�s of state
or mUnIcipal policy; hence called "coun­
cillors. ..
In American law. The legislative body
in the governmen t of cities or boroughs. An
advisory body selected to aid the executive.
COUNCIL OF CONCILIATION.
the Act 30 &:. 81 Vict. c. 105, power is given
for the crown to grant licenses for the for·
matIon of councils of conciliation and arbi­
tration. conSisting of a certain number of
masters and workmen in any trade or em­
ployment. baving power to bear and deter­
mine all questions Letween mastf'fS
workmen which may be submit ted to them
by both parties, arisi ng out of or with respect
to the pa.rticular trado or manufacLul·e, and
incapable of being otherwise settled. They
have power to apply to a j ustice to enforce
the performance of their award. The mem­
bers are elected by persons engaged in the
t1'8de. Dav is, Bldg. Soc. 232; Sweet.
COUNCIL OF JUDGES. Under the
English judicature act, 1873, § 75. an annual
council of the j udges of the supreme court is
to be held, for the p urpose of conSidering the
operati o n of the new practice, olftces. etc., in·
troduced by the act. and of reporting Lo a sec­
retary of state as to any alterations which
they consider should be made in the law for
the admi nistration of justice.
dinary council may also ue convened at any
An extraor­
time by the lord chancellor. Sweet.
COUNCIL OF THE NORTH. A court
instituted by Henry VIII.. in 1537, to ad­
minister justice in Yorkshire and the four
other northern counties. Under the presi-
283 COU� SELLOR
dency of Stratford. the court showed great
rigor, borderi ng. it is alleged, o n barshness.
It was abolished by 16 Car. I., the same act
which abolished the Star Chamber. Brown.
COUNSEL. 1. In practice. An advocate,
counsellor. or pleader. 3 BI. Comm. 26; 1
Kent, Comlll. 307. One w h o nssists his cli­
ent with advice, and pleads for him in open
court. See COUNSELLOR.
Cou nsellors who are associated with those
regularly retained in a cause. either for the
purpose of adviSing as to the pOints of law
involved, or preparing the case on its legal
side, or arglling questions of law to the court,
or preparing or conducting the case on its 0
appearance before an appellate tribunal, are
snid to be " of counsel."
2. KnO Wledge. A grand jury Is aworn to
keep �ecret lithe commonwealth's counsel,
their fellows'. and their own." E
3. Advice given by one person to another
in regard toa proposed liue of conduct, claim,
or contention.
COUNSEL'S SIGNATURE. This is F
required, in some j u risdictions, to be affixed
to pleadings, as affording the court a means
By or judging whether they are in t.erposed in
G
good faith and upon legal grounds.
COUNSELLOR. An advocate or barris·
tel'. A member of the legal profession whose
specialfunction is to give counsel or ad vice as
and
to the legal aspects of judicial controversies,
or their preparation and managl'ment, and to
H
appear i n court for the conduct of trials, or
the argument of causes, or presentation of
motions. or any other legal bu�iness tha�
takes him into the presence of the court.
In some of the states, the two wOl'ds U coun­
sellor" and " attorney " are lIsed interchange-
ably to deSignate all lawyers.In others . the
J
latter term alone is used, "cou nsellor" not
being recognized as a techn ical name. In
still others, the two are associated together
as th� full legal tille of any person who has
been admitted to practice in the cOllrtSj
K
while in a few they denote d i fferent grades.
it being prescribed t.hat no one become a
can
counsellor until be hilS been an attorney for
a specified time and bas passed a second ex­
amination.
In the practice of the United States su· l
preme court, the term denotes an officer who
is omployed by, a pt\rty in a calise to conduct
the same on its trial on his behalf. He
M
differs from an attorney at law.
In the supreme court of the United States,
the two degre�s of uttorney and counsel were
 COUN T
at, first kept s eparate, and no person was per­
m i tted to practice i n both capacities, but the
present prac tice is otherwise. 'Veeks. Attys.
at Law. 54. It is the duty of the co unsel to
draft or review and correct the s pecial plead­
in gs . to manage the causf' on trial. a nd. dur­
ing the w hole course of the suit, to ap ply es­
tab l i shed principles of law to the exig enci es
of lhe case. 1 Ke n t . Corom. 307.
COUNT, o. In pleadi ng. To declare ; to
recite ; to st.'l.te a cas e ; to narrate the facts
co nstit uti n g a pl aintiff's cause of action. In
n. special sense, to set out the claim or count
ot the dem and ant in a reul action .
To plead orally ; to plead or argue a case in
cou rt ; to recite or read in court; to recite a
count in co urt.
COUNT, n. In pleading. The different
parts of a declar ation , each of which. if it
stood alone, would con stit ute a grou nd for
action. are tbe counts of the declaration.
Used also to signify the several parts of an
indictment, eacb cbargin g a d istin ct offense.
COUNT. (Fr. comte; trom the Latin
comes.) An earl.
COUNT AND COUNT· OUT. These
words have a technical sense i n a cou n t of
L1Ie ho us e or co mm o ns by the sp eaker.
COUNT· OUT. Forty members form a
bonseofcommons; and, though there be ever
80 many at the beginning of a debate, yet. if
d u ring the course of it tbe house should be
deserted by the members, till rednced below
the numltel' of forty, any one member may
bave it adjo urned upon its being countedj
but a debate may be continued when only one
member is left in the bouse, provided no one
choose to move an adjournment. Wharton.
COUNTEE. In old En gl ish law. The
most. e miu en t dignity of a s u bj e ct before the
Conquest. He was praifectus or prrepositus
comitatUs. and had the charge and custody of
the county; but this authority is now vested
in the s he ri ff. 9 Coke, 46.
COUNTENANCE. In old En gli s h law.
Credit; estimation. Wharton.
COUNTER. The name of two pris ons
formerly standing in London, but now de­
molished. They were the Poultry Counter
and 'Vood Street Co un ter .
COUNTER·AFFIDAVIT. An affidavit
made and presented in contradiction or opper
sUion to an affidavit which is made the basis
01' s upport of a motion or application.
284 COUNTERFEITElt
COUNTER-BOND. In olel practice. A
bond of in de mnity. 2 Leon. 90.
COUNTER·CLAIM. A claim presented
by a defen dant i n opposition to or deductiOD
from the cl ai m of the plaintiff. A species of
set-off or reco n p mt>nt introduced by the cod!'s
of civil proceJ ure in several of the s tates, of
a broad and liberal character.
A countt'r-claim must be one ff ex is ting in
favor of a defendant and against a plainlifl'.
between whom a severa l judgment m ight be
had in th e action, and ar iS i ng out ot one of
the follOWing causes of action : (1) .A. cause
of action at'is ing ou t of the contract or ll';Lns·
action set forth in the cornplai nt as the fou n­
dation of the p l a i nti ff's claim. or con n ec led
with the subj ect of actio n ; (2) in an action
ariSing on contract, any other causo of ac·
t ion ariSing also on contract, and existing
at the commencement of the action . " Code
Proc. N. Y. � 150.
The term "counter-claim," of itself, imports a
claim opposed to, or which qualifies, or at least In
60me degree atreets, the plaint.iff's cause of action.
85 Wis. 626.
A counter-claim is an opposition claim. or de­
mand of something due; a demand of something
which of right belongs to the defendant, in oppo­
sition to tho right of the plaintiff. 8 How. Pr.l22,
A counter-claim is that which might have arisen
out of, or could have had some conneotlon with,
tbe originaL transaction, in view of the parties. and
which, at the time the contract was made, they
could have intended might, in some event, give
one party a claim against the other for compliance
or non-compliance with its provisions. 7 Ind. 523,
524.
COUNTER· DEED. A .ecret writIng,
either before a notary or under a pr i vate seal,
which destroys, inva lid at es . or alters a pub­
lic one.
COUNTERFEIT. In criminal law. To
forgej to copy or imitate, without authority
or right. and with a view to deceive or de­
fraud. by pass ing the copy or thing forged
for that which is ori gi nal or gen u i ne. Most
com m only appli ed to the fraudulent aud crim­
inal imitation o f money .
COUNTERFEIT COIN. Coi n not gen·
uine, but resembling or apparen tl y intended
to resemble or pass for genuine coio, includ­
ing ge n uin e coin prepared or altered so as to
resemble or pass for coin of a higher denomi·
nation.
COUNTERFEITER. In cri m i nal J aw .
One who unlawfully makes base coi n in
imi tation of the true metal. or forges false
currency, or any instrument of writil1g. bear­
ing a likeness and similitude to that which is
 COU1'TElt-FESANCE 285 COUNTY

Ia.wful a.nd genuine, with an int ention of de­ mandant alleged against either request was
ceiving and i mposing upon mankind. 1 called a "counter-plea. n Cowell.
Stew. (Ala. 1 384.
COUNTER- ROLLS. In English law.

COUNTER·FESANCE. The act of The rolls which sheriffs have with the COl'o.
forging. ners, con t ai n ing part i cu lars of their pro-­
ceedings, as well of appeals as of inquests,
COUNTER-LETTER. A specie. of in­ etc. 3 Edw. 1. c. 10.
strument of defeasance common in the civil
law. It is executed by a party who has COUNTER- SECURITY. A oecurity
given to one who has entered i nto a bond or
taken a deed of property. absolute on its face,
beco me surety for a n oth er ; a cou nterva ilin g
but intended as secll rity for a loan of mOlley,
bond of indemnity.
nnd by it be agrees to reconvey the property
on payment of a speCified Bum. The two COUNTERSIGN. The Bignature of a

im;tl'uments. taken together, constitute what secr etary or other subordinate officer to any
IS known in r�o uisiana as an II antich1'eliis. " writing signed by the princi pal or sup erior to 0
(q. v·l vou ch for the authenticity of it.

COUNTERMAND. A change or revoca­ COUNTERVAlLIN G EQUITY.

tion of orders. a uth ority. or instr uctions pre­
viollsly issued. It may be either express or
implied; the former where the order or in�
atclIction already given is explicitly ann ulled
or recalled ; the latter where the pa rty ' s con·
duct is incompatible w i t h the fu rther con·
tinuance of the order or instruction, as
where a new oreler is gi ven inconsistent
with the fanner order.
COUNTER-MARK. A olgn put upon
goods already marked ; also the severa] marks
put upon goods belonging to several persons.
to show that they must not be opened, but
in Lhe presenc6 of all the owners or their
agents.
COUNTERPART. In con veyancing.
The corr esponding p a rt of an instrument: a
du pl icate or copy. Where an instrument of
conveyance, as a lease. is executed in parts,
that is, by bav in g several copies or d u pl icat es
made and interchangeably executed. that
which is executed by t he grantor is u s ually
called th e " original. " and the rest are "coun·
terparts ;" although, where all the part ies
execute every part, this renders them all
orig i nals. 2 BI. Comm. 296; She-po Touch .
50. tiee DUPLICATE.
COUNTER-PLEA. pleadi ng.
In
plea to some matter j n dd en tat to the mai n
oLject of the Buit. and out of the direct line
of pleadings.
In thR more ancient system of pleading,
cOllllter-plea. was applied to what was. in ef­
fect, a l't'plica l i on to aid prayer. (q, 'v_ J. ) that
is. where a tenant for life or other limited
interest in land, hav in g an action i)rou�lit
tlgainst. him in respect to the title to snch
land. prayed in aid of the lord or reversioner
for his better defense, th at w bich the d e-
.A contrary and balancing equity; an eqUity
or right opposed to that which is sought to E
be enforced or recognized. and which ought
not to be sacrificed or subordinated to the lat­
ter, because i t is of equal streng th and jus.
tics, and equally deserving of consideration.
COUNTEZ. L. Fr. Count, or reckon . F
In·old p ract ice, A di rection Co&'merly gi v en
by tlle clerk at a court to the crier. after a
jury was sworn, to numbe1' the m ; and which
Blackstone says was given in his timp. in G
good E ng lish . " count lhese." 4 BI, Corum.
340, note (u. 1
COUNTORS. Advacates, or serjeants
at law, whom a man retai ns to defend his
cause and speak for him in court, for their
H
fees. I lnst. 17.
COUNTRY. The portion of the earth's
surface occup ied byan independent nation or
peopl e ; or the inhab itants of such territory. I
In its primary meaning "country " signifies
"pl�ce ; " and,'in a larger seD'sa, the territory or
dominions occupied by l\ community ; or eveD
waste aDd unpeopled sections or regions of the
earth. But its metaphorical meaning is no less J
defioite aud well understood ; aod in common par­
lance, ill historical and geographical writings, ill
diplomacy, legi�latioD, treaties, and international
codes, the word is employed to denote the popula­
tion, the nation, the state, or tbe government.
A
K
having possession and dominion over a territory.
1 Blatchf. 218, 225 ; {) N. y, Leg, Dba, 286.
In pleading and practice. The in h ab­
itants of a d i st rict from which a jury is to be
summoned; pais; a j u ry. 3 Bt. Com m . 349;
�t eph. Pl. 73. 78. 230. L
COUNTY. The name given to the prin­
cipal subdivisions of the kingdom of Eng­
land and of most of th e states of the Am eri·
can Union, denoting a dist i nct portion of M
territory organized by itself for poli ti cal
 COUNTY BRIDGE 286 counSE OF THE VOYAGE

and judicial purposes. The etymology of the cbarge and care ot persons and estate.
the word shows it to have been the dis­ coming within legal guardianship, a limited
trict anciently governed by a coun t or criminal jurisdiction. appellate jurisdiction
earl. In modern use, the word may denote over justiCes of the peace, etc.
either the territory marked off to form a
C O U N T Y PALATINE. A term IJe.
county, or Lhe citizens resident within such
stowed upon certain counties in England.
territory. taken col1ecti\'ely · and considered
the lords of which i n former times enjoyed
as in vested with political rights, or the
p::Jpec1al pri vileges. They might pardon
county regarded CIS a m u n icipal corporation
treasons, murdl!rs. ilnd felonies. All writs
possessi n g subordinat.e governmen tal powers,
and indictments ran i n their names. as io
or ay, organized j u ral society invested with
other cOllnties in the king's; and all oifenses
specific rights and duties.
wert! said to be done against their peace, nnd
COUNTY BRIDGE. A bridge ot the not. a.'i in ot.her places. contra pacem domin'
larger class, erected by the COli n ty J and 1·egis. ilut these pri viJeges have i n modern
which the county is liable to keep in repa.ir. tjmes nearly disappeared.
40 Iowa, 295.
COUNTY RATE. In English law. An
C O U N T Y COMMISSIONERS. Offi­ imposition levied on the occupiers ot lands.,
cere of a county charged with a variety of and applied to many miscellaneous purposes,
administrative and executive duties, but among which the most i m portant are those
prinCipally with the management of the of defraying the expenses connected with
financial affairs of the county, its police prisons, reimbursing to private part.ies the
regnlntions, and its corporate business. costs they have incurred in prosecuting pub­
I 'ouH'timt:s the local laws give them limited lic offenders. and defraying the expenses ot
judicial powers. In some states they are the county police. See 15 &, 16 Vict. c. 81
called " supervisors."
C O U N T Y - S E A T. A county-seat or
COUNTY CORPORaTE. A cIty or county�town is the chief town ot a county,
town, with more or less territory annexed, where the county builliings and courts are
having Lhe privilege to be a county of i t� located and the county business transacted.
self, and not to be comprised i n any other
COUNTY SESSIONS. In England, the
county; such as London. York. Bristol, Nor­
court of general q llarter sessions of the peace
wich, ami other cities in E uglalld. 1 Bl.
held in eve!'y county once i n every quarterot
Comm. 120.
a year. Mozley & Whitley.
COUNTY COURT. A court ot high
COUPONS. Intel'est and dividend cer.
antiquity i n England, incident to the juris�
ti ficates ; also those parts ofa commercial in­
diction of the sheriff. It is not a court of
strument which are to be cut. and which are
record, but Ill ay hold pleas of debt or dam� evidence of something conn ected with tbe
uges, unuer the value of forty shillmgs.
contract mentioned i n the in3trument. They
The freeholders of the county (anciently
are generally aLtached to certif.i cates of loan,
termed the " s u itors" of the court) are the where the interest is payable at particular
real judges in tbis court, and the sheriff i s periods, and. when tbe interest is paid, they
the mi nisterial officer. See 3 BI. Clllll m. 35,
ure cut off and delivered to the payer. Wbar­
86; 3 Stepb. Comlll . 395. ton.
But i n modern English law the name i s
appropriated to a system o f tribunals estab� COUR DE CASSATION. Th•• uprem.

lished by tho statute 9 & 10 Yict. c. 95. hav­ judicial tl'ibun�l.l of France. baving appellate

ing a limited ju risdiction. principally for the jurisdiction only. For an account of its com­

recovery of small debts. position and powers, see Jones, French Bar,

It is also the Ilame of certain tribunals of 22; Guyot, Uepel't. Univ.

limited jurisdicLiol1 in the county of MidrJlp.� COURIER. An express WeSl:Hmger of

sex, established under t.he statuLe 22 Geo. II.
baste.
c. 33.
COURSE. .A. term used in surveying.
In American law. The name i s used i n
meaning the direction of a line with re{er�
many of tile states to deSignate Lhe ordinary
ence to a merillian.
courts of record haVing jurisdiction for
trials at nisi prius. Their powers gener­ COURSE OF THE VOYAGE. By thlA
ally comprise ordinary ciYil jurisdiction, also term is understood the regular and customary
 COURSE OF TRADE
track, if such there be, wbich a ship takes i n
going from one port to another, and tlie sbort­
est way. ,Marsh. Ins. 185.
COURSE OF TRADE. What is
tomariJy or onlillarily dona in the manage­
ment of trade or bu&i ness.
COURT. In legislation. A legislative
assembly. Parliament is called in the old
booles a CQUI't of the king. nouility. and com­
mons assembled. F i ul!h. Law, b. 4, c.
233; Fleta. lib. 2. c. 2.
This meaning of the word has been re­
tained in the titles of some deliberative bod­
ies, such as the general court of Massachu­
setts, (the legiSlature.)
In international law. The person and
Buite of the sovereign; the place where the
so vereign sojourns with his regal reti nue.
wherever that may be. The English govern­
ment is spoken of in diplomacy as the court
of St. James, because the palace of St. James
is the official palace.
In practice. An organ of the govern­
ment, belonging to the j udicial department,
whose function is the application of the laws
to CO!ltroversies brought before it antI the
public administration of justice.
The presence of a sufficient nu mber of the
members of such a body regularly convened
In au authorized place at an appointed time,
engnged ill the full and regular verformance
of its functions. 20 Ala. 446; 20 Ark.
A court may be more particularly described as
an organ ized body with defined powers, meeting at
certain times and places for the bearing and decis­
ion of causes and other ma.tters brought before it,
and aided in this, its proper business, by its proper
officers, viz. , attorneys and counsel to prosent and
managethe business, clerks to record and attest its
nets and decisions, and ministeria.l officers to exe­
cuta its commands, and secure due order in its pro­
ceedings. Burrill.
Tbe place where jm'ltice is judirially ad­
mini!'ltered. Co. Litt. 5Saj 3 Bl. Comm. 23.
The jlld�e. or the body of jUdges, preSiding
over a court.
The words "court" and "judge, "01' "judges, " are
frequently used in our statutes as synonymous.
When used with reference to orders made by the
court or judges, they are to be 80 understood. 3
Ind. 239.
'1'b6 term "court" may be construed to mean the
judges of the court, or to include the judges and
jury, according
its use.
to the connection and the object of
19 Vt. 478.
Classification. Courts may be classified
and di vided accordin g to several methods, the
following being the more usual:
Courts ofreco1'd and courts not of recordJ'
tbe former being those whose acts and ju-
287 COVliT-BARON
dicial proceedings are enrolled, or recorded,
for a perpetual memory and testimony, and
which have power to fine or imprison for
contempt. Error lies totheirj udgments, and
CU2-
they generally possess a seal. Courts not of
record are those of inferior dignity, which
have no power to fine or imprison, and in
which the proceedings are not enrolled or re­
corded.
Superior and inferior courts; the tormer
I, p. being courts of general original jurisdiction
i n the first instanco, Rnd which exercise a
control or supervision over a system of lower
courts, {'lither by appeal, error, or certiora7"i;
the latter being courts of small or restricted
0
jurisdiction, and subject to the review or cor­
rection of higher courts. Sometimes the
former term is used to denote a particular
group or system of courts of high powers.
and all others are called "inferior courts . "
E
To constitute a. court a superior court as to BOy
class of actions, within the common·law meaning
of thattel'll, its jurisdiction of such actions must
beunconditional, so that the only thing requisite
to enable the court to take oognizance 01 them is
the acquisition of jurisdiction of the persons of the
F
partieL 4 Bosw. 547.
Au inferior court is a co urt whose judgments or
decrees can bo reviowed, on appeal or writ of error,
by a hi.gher tribunal, whether that tribunal be the
circuit or supreme court. 18 Ala. 52l.
G
Civil and criminal courts; t.he former be-
i ng such as are established for the adjudi­
cation of controversies between subject and
77. subject, or the ascertainment. enforcement,
and redress of private rights; the latter, such
H
as are charged with the administration of the
crimi nnl laws, and the punish ment of wrongs
to the publiC.
Eql�ity courts and law co urts ; the former
being such as possess the jurisdiction of a
chancellor, apply the rules and prinCiples of
chancery law, and follow the procedure In
equity; the latter, such as have no equitable
powers. bllt admi nister j ustice according to J
th� rules and practice of the common law.
As to the division of courts according to
theirjw·is(Uction, see JURISDICTION.
COURT-BARON. In English law. A.
K
court which, although not oneof r�cord, is in�
cident to every manor, and cannot be severed
therefro m. It was ordained for the mainte­
nance of the services and duties sti pulated for L
by lords of manors, and for the purpose of de­
te rmining actions of a personal nature. wb ere
the debt or damage was under forty shillings.
Wharton.
Customa1'Y cOU1·t-baron is one appertaining M
entirely to copyholders.
 COURT-BARON 288 COURT OF ANCIENT DEMESNE

Freeholders' court-baron Is one held before tlle senate; and in the several states. usu ally,
the freeholders who owe snit and service to the upper house of the legislati ve assembly.
the manor. It is the court�baron proper.
COURT-HAND. In old English p_
COURT CHRISTIAN. The ecclesi as­ tice. The peculiar band in which the rer­
tical courts in England are often so called. as ords of courts were written from the earliesS
distinguished from the. civil courts. 1 BI. period down to the reign of Gcorge II. Ita
Camm. 83; 3 Bl. Comm. 64; 3 Steph. Camm. characteristics were great strcngth, compact.
430. ness. and u nd e v iating uniformitYi and im
lise und oubtedly gave to th� ancient record
COURT, CONSISTORY. 8ee CONSLS­ its acknowledged su periority over the mod •

..rORY COURT. ern, i n the important quaUty of durability.

COURT FOR CONSIDERATION OF The writing of this hand, with its peculiar
CROWN CASES RESERVED. A court abbreviations and contractions, constituted,
established by St. 11 &12 Vict. c. 78, composed while it was in UBe. a n art of n o little im­
of such of the judges of the superior courts of portance, being an indispensable part of the
Westminster as were able to atte nd, for the profession of "clerkship. " as it was called.
'Zonsideration of questions of law reserved by Two sizes of it were employed, a large and a
,my judge in a court of oyer and terminer, small band; the former. called " great court­
..
gaol deli very. or quarter sessions. before hand . being used for initial words or clauses,
which a prisoner had been found guilty by the placita of records. etc. Burrill.
verdict. Such question is slated in the form
COURT-HOUSE. The build!ng occup!ed
of a special case. Mozley & 'Whiteley; 4
for the public sessions of a court. with its va­
Steph. Comm. 442.
rious ofIlces. The term may be used of a place
COURT FOR DIVORCE AND MAT­ temporarily OCCll J llOO for the sessions of a
RIMONIAL CAUSES. This court was court. though not the regular court-house.
establisbed by St. 20 & 21 Vict. c. 85. which 55 lIlo. 181; 71 Ill. 350.
transferred to it all jurisdiction then exercis4
COURT-LANDS. Domains or lands kepi
able by any ecclesiastical court in England,
in the lord's hands to serve his fa mily.
in matters matrimonial, lind also gave it new
powers. The court consisted of the lord COURT-LEET. The name of an English
chancellor, the three chiefs. an d three senior COUl't of record held once in tlle year. and
puisne judges of the common-Jaw courts, not oftener. within a particular h undred.
�lDd the jUdge ordinary, who together consti­ lordsbip, or manor, before the steward of the
tuted. and still constitute, tlle "full court." leet ; being the king's court granted by char.
The judge ordinary heard almost all matters tel' to the lords of those h undreds or manors.
i n the first instance. By the j Ui.lic ature act. Its otlice was to view the frankpledges.-tha�
1873. 3, the jurisdiction of the court was
§ is. the freemen within the liberty; to presen�
transferred to the supreme court of judicature. by jury crimes happening within the juris­
Sweet. diction; and to p u nish trivial misdemeanors.
It has now, however. for the tOost part, fall.
COURT FOR THE CORRECTION
en into total desuetude; though i n some
OF ERRORS. T he style of a court having
manors a cOllrt·leet is still periodically held
jurisdiction for review, by appen l or writ of
for the transac tion of the administrative
error. The name was formerly used in New
business of the manor. Mozley & Wilitley.
York <lnd South Carolina.
COURT-MARTIAL. A military court,
COURT FOR THE RELIEF OF IN­
con vened under authority of government and
SOLVENT DEBTORS. In English law.
the art.icles of war, for trying and pu nishing
A local court wiJich has its sittings in Lon­
military offenses committed by soldiers or
uon only. which receives the petitions of in­
sailors in the army or na vy.
solvent debtors. and decides upon the ques.
tion of granting a dischnrge. COURT OF ADMIRALTY. A court
having ju risdiction of causes arising uoder
COURT FOR THE TRIAL OF IM­
the rules of admiralty law. SeeADMlHALTY.
PEACHMENTS. A tl'iuunfll empowered
to try any officer of government 01' other per­ COURT OF ANCIENT DEMESNE.
son brought to its bar by the process of im­ In E n gl i sh law. A court ot peculiar consti­
peachment. In England. the house of lords tution, llE�ld by a bailiff aPPOilltpd by the king,
constitutes such a conrt i in the U oited States, in which alone the tenants of the ki ng's de-
 COUHT OF APPEAL 289 COURTS OF CINQUE rORT�

mesne coul d bl;' i m pleaded . 2 Burrows. 1046; COURT OF ATTACHMEN'l'S. The

1 tipence, Eq Jur. 100; 2 TIl. Comm. 99; 1 lowes t of the three cou rts held in the forests .
5teph. Comm. 224. It has fallen into total disuse.

COURT OJ>' APPEAL, HER MAJ­ COURT OF AUDIENCE. Ecclesias­

ESTY'S. The cbief appollate tribunal of tical courts, in which the pr im ates once exer­
England. It was ('stablished oy the j U dicat u re cised in person a. ctmsiderable part of their
acts of lS73 Hnd 1875. and is in vested with jurisdiction. They seem to be now obsolete,
the jurisdiction formerly exercised by th e or at least to be only used on the rare occur­
court of appeal i n cha ncery, th e exche qu er rence of the trial of a bishop. Pbillim. Ecc.
cham ber. the j ud ic ial committee of the privy Law, 1201. 1204.
cou nci l In admiralty and l unacy appeals, and
COURT OF AUGMENTATION. An
with general appellate j urisdiction from the
English court created i n the timid of Hen ry
high cUlIrt of justice.
Vll I. , with juri sd i ction over the property
COURT OF APPEALS. In American and revenue of certain relig i OUS founda.. D
law. A n app ell ate tribunal which, in Ken­ tions, which h<\d been made over to the ki ng
Lul'i;;y, Maryland, and Xew Yorl" is the court by" act <?f parliament, and over suits relat in g
uf la�t r esort. In Del a w are and New Jersey, to the same.
it is known as the U co tl rt of ('lTOrS and ap­
E
COURT OF BANKRUPTCY. An En­
peals;" ill Virgin ia and 'Vest Vi rgi nia , the
II glish court of record . having original and
" s up reme COUI'1. of app eals, In Texas the
appellate jUl.'isdictiOll in mui.t ers of bank­
COIIl't. of appeals is i n ferior to the supreme
ruptcy, and i n vested with both lega; and
court.
equ i tabl e powers for that pn rpose.
COURT OF APPEALS IN CASES
COURT OF CHANCERY. A court F
OF CAPTURE. A conrt erected by act of
hav ing the j urisd i ction of a chancellor; a
congress under the articles of confederation
cou rt adrni nistl' r i n g eq u ity and proceeding
which preceded the adoption of the constitn­
accord ing to the for m s and pri nciples of
tion. It bad appellate j u risdict ion in pri ze

G
eq Uity . In En gland , prior to the judicature
ciluses.
acts, the s tyle ot the court pos::;essing the
COURT OF ARBITRATION OF lar gest equitable powers and j uris di ct ion was
THE CHAMBER OF COMMERCE. A the " high court of chancery_ " In Borne of
court of arbi t.rators , created for t he conven­ the United States. t h e title " court of cban­
ience of merchants in the city of New Y ork , eery" is app l ied to a court possessing g eneral H
by act of the legislature of �ew York. It equ i ty powers, distinct from the courts of
(lecides disputes betwf'en mernu('rs of the commun law.
chamuer of commerce, ant! be tween members The terms "equity " and "chancery, " "court of
ami outside merclJants who voluntarily sub­ equity " aud " court of chnDcory," aro coDstantly
used as synonymous in t.he United �Lates. It is
mit themselves to the j u risdiction of the
presumed that Lhis custom arises trom the circum­
court.. st.ance that the equity jurisdiction which is Elxer
cised by the courLs of the various states is a.ssimi­
C O U R T O F ARCHDEACON. The lated to that possossed by the English courts o r
most inferior of tho Engli sh ecclesiastical
J
chancery. Indeed, in some o f the states i t is made
courts, from which an appeal general ly lies idenLical therewith by statute. so far as conform­

to that of the bishop . 3 J31. Com m . 64. able to our instiLuLions, Bouvier,

C 0 U R T OF ARCHES. S ee AROilES COURT OF CHIVALRY, or COURT

MILITARYJ was a court not o( record. held
COURT.
uefol'e the lord high constable and earl mar-
COURTS OF ASSIZE AND NISI shal of England. It had jurisdiction, both
PRIUS. Courts in England compo�ed of civil a nti criminal, in deeds of arms and War,
two or more commissio ner::;, callt>d .. j udges of armorial b eari ngs , questions (.\f pre cedence,
assize. .. (or of .. assize and nist prius, " ) w ho etc., and as cou rt of honor. It has long
l
a.
Bre twice in 6\'eI'Y year sent by the q ueen' s
bee" disused. 3 Bl. Comm. 103; S Steph.
special cOIIlmissioll, all c ircu its all round the
Comill . 335, not. I.
k i ngd om , to try, by a jury of the respective
cOllnties, the tr uth of suc h matters of fact as COURTS OF CINQUE PORTS. In

M
are there under dispute in the courts of West­ English law. Co u rts of limited local j Ul' is J ic-
mi nster IIall. 3 Steph. COllllU. 421, 422; 3 Lion formerly heM befo re the mayor and j urals
131. Comm. 57. (aldermen) of the Ci nq ue Po rts .
AlI.DIC'r.Lla.w-19
 COURT OF CLAIMS
COURT 0 F CLAIMS. O ne of the
courts of the Uni ted States, erected by act of
congress. It c onsis ts of a chief ju sti ce and
fonr associates. and holds one ann ual session.
It is lo cated at Washington. Its j u risd iction
extends to all claims against the United
States arising out of any contract with the
government or based on an act of congress
or regulation of the executi ve, and all claims
referred to it by either. house of congress, as
well as to claims for exoneration by a dis­
bursing officer. Its j u dg me nts are, i n cer­
tain cases, reviewable by the United States
supreme court. It has no equity powers.
Its decisions are reported and p ublished.
COURT OF THE CLERK OF THE
MARKET. An English court of inferior
jurisdiction held in every fair or market for
the punis hm ent of m isdemeanors committed
therein, and the recognizan ce of wei ghts and
meas ures.
COURT OF COMMISSIONERS OF
SEWERS. The name of ce rtain English
courts crea.ted by co mm issio n under the great
seal pu rsuant to the statute of se wers , (23
Hen. VIII. c. 5.)
COURT OF COMMON PLEAS. The
E ngl ish court of common pleas was one of
tlJe four supe rior courts at Westminster, and
existed up to the passing of the judicatu re
nets. It was also styled the "Common
Be nch. " It was o ne of the courts de rived
from th e breaki n g up o f the aula regts. and
had e xclusi ve jurisdiction of all real acLions
and of com71mnia placita, or common pleas,
t. e., bet ween subject and subject. It was
presided over by a c bief justice with fou r
puisne judges. Appeals J ay anciently to the
klIlg's bench, but after wards to the excbequer
chamber. See 3 Bl. Comm. 37. et soq.
In American law. Tb e name some­
times given to a cou rt of ori ginal and gen­
eral juriRdiction for the trial of is sues of fact
anli law acco rding to the principles of Lhe
COUlman law.
COURT OF COMMON PLEAS FOR
·l'HE CITY AND COUNTY OF NEW
YORK. The ol des t court in the st ate of
New York. Its juri sdiction is unlimited as
respects amount, but rest ricte d to tile city
and county of �ew York as respects locality.
It has also a ppelllte jurisdiction of cases trien
in the marine court and district courts of
New York city. Rap. & L.
COURTS OF CONSCIENCE. These
same as courts of request, (g. 11.)
were the
290 COURT OF ERROR
COURT OF CONVOCATION. r.
E nglish ecclesiastical law. A court, or
assembly, compr ising all the high ofticialll
of each province and representatives of the
m i nor clergy. It is i n Lhe nature of an ec­
clesiastical parliament; and, so far as i ts ju­
dic ial funcLions extend, it bas jurisdiction of
cases of heresy, sch is m , and other purely ec.
clesias tical matters. An appeal lies to the
queen in council.
COURT OF THE CORONER. In En·
gJishlaw. A court of reco rd. to inqnire, when
any one dies in prison, or co me s to a v iolen t
or sudden death, by what manner he came to
his e n d. 4 Steph. Corum. 323; 4 HI. Corum.
274. See CORONER.
COURTS OF THE COUNTIES PAL­
ATINE. In English law. A species of pri�
vate cou rt which formerly app erta i n ed to the
counties palatine of Lancaster nnd Durham.
COURT OF COUNTY COMMISSION·
ERS. There is in each county of Alabama
a court of record, styled the " court of county
commissioners," com lJosed of the judge of
probate, as pri n Cipal judge, and four com·
missioners , who are elected at the times pre­
scribed by law, and hold office for four years.
Code Ala. 1886. § 819.
COURT OF DELEGATES. A tri bu·
nal composed of delegates appointed by royal
comm ission, and formerly tbe great court of
appeal in all ecclesiastical causes. The pow­
ers of the court were, by 2 & 3 Wm. IV. e.
92, trans ferred to the privy council. A com­
mission of review was formerly granted. in
extraordinary cases, to revise a sentence of
tbe court of delega tes, wben that cou rt bad
apparen tly been led into material error.
Brown.
C OURT OF THE DUCHY OF LAN·
CASTER. A court of special jurisdiction,
held before the chan cellor of the duchy or bill
deputy, conce rn in g all matters of equity re­
�).ting to lands holden of the king i n right ot
the duchy of Lancaster. 3 HI. Corum. 78.
COURT OF EQUITY. A cou rt which
has jurisdiction in equity, which admini sters
j ustice and deoides controversiea i n accord­
ance with the ru le s, princilJlcs, and prec&o
d ents of equity, and which follows the forms
and procedure of c hancery ; as distingn ished
from a court . hav ing t he j uri sdicti on . r ules,
principles, and practice of tbe common law.
COURT OF ERROR. A n expression
applied especi al ly
to the court of exchequer
 COURT OF ERRORS. ETO. 291 COURT OF JUSTICIARY

ehamber and the ho use of lords, [IS taking 3 Steph. Com m . 333. 356. By the j udicature
:ogniZllllce of e1'1'01' brought. Mozley & Whit­ act (1873) the jurisdiction of this court Is
ley. It is applied in some of the United transferred to the court of appeal.
States to the court of last resort in the state;
COURT OF GENERAL QUARTER
and in its most ge ne ral sense denotes any
SESSIONS OF THE PEACE. In
COlll'L hav i ng power to review t.he de c is i ons
American law. A court of criminal juris­
of lower courts ou appeal, enor, certlora1'i.
dict i on in New Jers ey.
or other process.
In English law. A court of criminal
COURT OF ERRORS AND AP­ jurisdiction, in England. held in each county
PEALS. The court of
last resort in tIle once in every quarter of a year, but in the
atate of New Jersey is so named. Former· county of Middlesex: twice a month . 4:
Iy, the snme title was given to the h igh est Stepb . Comm. 317-820.
court of appeal in New York.
COURT OF GENERAL SESSIONS.
COURT OF EXCHEQUER. In En­ The name g h en in some of the states (as 0
'

glish law. A very an cie nt court of record . New York ) to a court of general original
'3et up by 'Villiam the Con q ue ror as a part of jurisdiction in criminal cases.
the aula 1'egis, and afterwards one of the COURT OF GREAT SESSIONS IN
four superior courts at W estm i n ste r It WALES. .A. CQurt formerly held in Wales ;
.

was, however, inferior in rank to uoth the

abolished by 11 Geo. lV. and 1 Wm. IV. c.
killg's bench and the common picas. It was 70. and the Welsh j udicature incorporated
E
presided over by a chief baron and four with that of England 3 Stepb. Comm. 317,
.

puisne barons. It was originally the king's note.

F
tnmsury and was charged with keeping the
,

king's accounts and collecti ng the rOyHI rev­ COURT OF HUSTINGS. In English
enues. But pleas between subject and s ub­ law. The county court of London, held be.
ject were an cie n tly lleard there, u ntil this fore the mayor, recorder, and sheriff. but of
was forbidden by the Articula super ChaTtas. which the recorder is, in effect. the sole
(1290.) af ter which its j urisdiction as a court j udge. No actions can be brought in this 6
o nly extended to revenue cases ariSing outof court that are merely pers o naL a Steph.
the non payment or withholding of debts to
-
Comm. 449, n o t e l.
the crown. But the pri vi l ege of suing and In American law. A local court in
being sued in this court was extended to the some parts of the state of Virginia.. 6
king's accoun tants. and later. by the use of a Grat. 6U6.
convenient fiction to t he effect that the plain.
H
COURT OF INQUIRY. In En glish
tiff was the king's debtor 01' Hccoulltant, the
law. .A. court somet imes appointed by the
court was thrown open to all Buitors i n per­
crown to asc ertain whether it be proper to
Banal actions. The exchequ er had form e rly
both an equity side and a common-law side,
resort to extreme measures agai ns t a person I
Charged before a court-martial.
but itsequityjurisdiction was taken away by
In American law. A court constituted
th e statute 5 Vict. c. 5, (1842,) and trans­
by authority of the articles of war. invested
ferred to the court of Chancery. The j udica­
ture act (IH73) transferred the busi ness and with the power to examine into the nature of
jurisdiction of this court to tbe "E XChequer any transaction, accusation, or imputati on J
Division" of the "High Court of JusLice." against any officer or soldier. The said court
shall consist of oue or more officers, not ex­
In Scotch law. A court which formerly
ceeding three. and a judge ad vocate, or
K
had jurisdiction of matters of revenue, and
other suitable person, as a recorder, to red uce
a lim ited jurisdiction over cases between Lhe
the proceedings and evidence to writing; all
crown and its vassals where no questions of
of whom shall be s wor n to the perfor mance
title were involved.
of t heir duty. Rev. St. § 1342. arts. 115.
C O U R T OF EXCHEQUER CHAM­ 116.
BER. The nllille of a former En glis h court
C O U RT O F JUSTICE SEAT.
of appeal, inter me diate between the superior
English law. The princi pal of the forest
courts of com mon la w and the bouse of
courts.
lords. When sitting a!> a court of appeal
COURT OF JUSTICIARY. A Scotch
M
from any one of the three superior courts of
common law, it was cOll1posed of j u dges of court of general criminal jurisdiction of all
'he otber two courts. 3 ill. Cornm. 56, 57; offenses committed in any part of Scotland.
 COUET OF Kl�G'S BENCH �92 COUHT OF OYER, ETC.

bolll �o try causes <1nd to review decisions of COURT OF ORDINARY. In some of

Infl.!rior criminal cou rt s. It is composed of the United States (e. g., Georgia) this name
five IonIs of session with the lord p residen t is given to the probate or sUfl'ogate's court,
or j ustice clerk as president.
� It also has or the COUI't having tbe usual j ur i stl iction io
appel late j urisdiction ill ci vii ca uses i n vol "ing respert to the proving of wills and tile admin­
snHl1l amounts. An ap peal lies to the house ist.ration of decedents' estates.
of lords.
COURT OF ORPHANS. In Englisb
C O U R T O F KING'S BENCH. In law. The court of lhe lord mayor and alder.
Englisb law. Tbe supreme court of com­ men of London, which has the care of those
mon law i n the k i ngdom, n o w merged in the orphans whose parent died in London and
high court of j u stice under tbe j udicature was freo of the city.
act of 1873, § 16. In Pennsylvania (and perhaps some other
states) the Ilame " orphans ' court" is applied
COURT OF THE LORD HIGH
to that species of tribunal which Is elsewhere
STEWARD. In English law. A court in­
known as the " probate court II or "surro­
stituted for tile trial, during the recess of par­
gate's court. "
Jiament. of prers indicted for treason or fel­
ony, or for misprision of either. This court COURT OF OYER AND TERMI­
is not a permanent lJody, b ut is created i n NER. In English law. A court for the
modern times, when occasIon rC'C) uil'es. and trial of cases of treason and felony. The
for the time b ein g. only; and the lord high commissi o ners of assise Hud nisi. priu,$ are
ste ward . so constitutt'd, with s u c h of the judges seleded by the queen and appointed
tempor al lords as may take tlHl proper oath. and auLhorized under the g reat seal, including
and act, constitute the court. usual ly two of the j Udges lit Westminster,
and sent out twice a year into most of the
COURT OF THE LORD HIGH
cou nties of England, for the trial (with II jury
STEWARD OF THE UNIVERSITIES.
of the county) of causes then depending at
In English law. A court co nstitu ted for the
"Te stm i ns ter, both civil and criminal. 'fhey
trial of scholars or prj vi Jeged persons cou­
sit by Yirtue of several commissions, each of
}H'cted with the u niversity at Oxford or Cam­
which, i n real ity. constiLutes them a separate
bridge who are indicted for treason, felony,
and disLinct cOllrt. 'fhe com mis sio n of oyer
or maybem.
a1'Jd tenniner gives them authority for the
COURT OF MAGISTRATES AND trial of treasons and felonies; thatof .qe 1le-ral
FREEHOLDERS. In American Jaw. The gaol delivery empo wers th em to try every
n ame of a court formerly establ ish ed in South prisoner then in gaol for whatever offense ;
Carolina for the trial of slav�s and free per­ so that. altogether, they possess full crim­
SOilS of color for cri m,inal offenses. inal ju risdiction.
In American law. Thi s name is gen·
COURT OF MARSHALSEA. A court
erally used (sometimes, with additions) as the
which had jU l'ls(liction of all trespasses com­
title. or part of the title, of a state court at
mitted within the verge of the king's court,
criminal juri sdi ction , or of the criminal
where one of the pa rti es was of the royal
branch of a court of gener;\l j urisd ictio n , ba­
liol1seholtl ; and of aU debts <lnd contracts,
ing commonly applied to such courts as may
when bolb lJ:lI·ties were of thaI. establishment.
try felonies, or the higher grades of cl'irue.
It was abolished by 12 & 13 Vic", c. 101,
§ 13. Mozley & Whitley. COURT OF OYER AND TERMI­
NER AND GENERAL JAIL DELIV­
COURT OF NISI PRIUS. In A mer­ '
ERY. In American law. A court or crim­
ican law. Though this term is frequently
ina l j Ul'isdiction in the state of Pennsylvania.
used as a general d('sil!nation of any court ex­
It is held at tile same time with the
ercising gen era l, origillal jurisdiction in civil
court of qnarter sessions, as a gelleral rule.
cases, (being used interchan geably with
and by the Same j udges. See Brightly's
" trial-court, " ) it belonged as a legal t itl e
Purd. Dig. 1'a. pp. 26. 38�, 1201.
only to a court which formerly existed in the
city and county of Philadelphi a , and which COURT OF OYER AND TERMI·
was presided Over by one of the judges of the NER, GENERAL JAIL DELIVERY,
8upreUle court of Pen nsylvania. This court AND COURT OF QUARTER SES­
was abolished by the constitution of 1874. SIONS OF THE PEACE, IN AND FOR
See COURTS of .A.SSIZr: .Ai'iD NISI PltIUS. THE CITY AND COUNTY OF PHILA-
 C0UHT OF PALACE, ETC. 293 counT OF RECORD

DELPHIA. In American la.w. A collrtof COURTS OF PRINCIPALITY OF

record of gen era l cri m i nal ju ri sdiction in and WALES. A speci es of pri vate cou rts of a
[01' the city and county of Philade lp hi a, i n lim i ted though extensive jurisdictio n , which,
the state of Pennsylvania.. upon th e thoro ugh red lIction of that pri nci�
pality and tha settl i ng of its polity in the
C O U R T OF PALACE AT WEST­ reign of Henry VII L. were e recled all over
M.INSTER. This court had jurisdiction of the country. These courts, however. have
personal actions arising within twelve miles been abolished by 1 Wm . IV. e. 70; the
of the palace at 'Vhitehall. Abolished by 12 principality bei ng now llivided into two cir�
.\ 13 Viet. e. 101 , 3 Steph. Comm. 317, note. cuits, which the judges visit i n the same
manner as they <10 lht.' circuits in England,
COURT OF PASSAGE. An i n ferior
for the p u rpose of disposing of those ca uses
court, possessing a very ancient j urisdiction
which are ready for trial. Brown.
over causes of action arising wiLliin the
borough of Li v erpool .
D
It appears to have
COURT OF PROBATE. In Engli sh
been also called Lha .. Borough Court of Liv­
law. The name of a court established in
erpool." It bas lhe same ju risdiction i n ad­
1857, under the probate act of that year, (20
miralty matters as the Lancashire county
& 21 Viet. c. 77,) to be held i n London, to
court. Ros e . Adm. 75.
which COli rt was transferred the testamen tary
COURT OF PECULIARS. A spil'itual ju risdiction of the ecclesiastical
Steph. Comm. 192.
cour�. 2
E
court in En gland . being 8 branch of, and an­ By the judicilture a cts,
nexed to, the CoUl't of Arches. It. has a juris­ this court IS merged in the high c;ourt of
diction over all those parishes d i spersed justice.
through the province of Ca n ter bury. in tbe In American law. A court ha.ving ju­
midst of other dioceses. which are exempt r isd iction over the probate of wills, the gra.nt F
from the o rd i nary's j u ri sdictio n , and subject of ad m inis tration , and the supervision of lhe
to the metropolitan only. All ecclesiastical management and settlement of the estatt!s of
callses arising within these pemLlim' or ex­ decedents. including the collection of asst'ts,
em pt jurisdictions are origina.lly cog nizable the all owance of claims, and the d istribu t ion
by thi s court. from which an appeal lies to of the estate. I n Mme states the probate
G
the Court of A I'ehes. 3 Staph. Comm. 431; courts al:�o llC\ve jurisdiction of the estates of
4 Heeve, Eng. Law, 104. m i nors, including the appoin tm�nt of guard­
ians and the settlemen t of their accounts, lind
COURT OF PIEPOUD�E.
est ( and most expeditious) of the courts of
The lOW­
of the estates of lunatics, habitual drunJ{iU'tls, H
a n d spenllthrifts. And in !'\om€l states these
justice known to the older law of England.
courts possess a limited j urisdiction i n c i v i l
1t is supposed to have been so called from
and criminal cases. They are also called
the dusty feet of the su itors. It was a court
"orphans' courts" and " sur rogate 's courts. "
of record incident to every fair and market,
was held uy th e steward, and had jurisdiction
COURT OF QUARTER SESSIONS
to administer justice for aU commercial in­
OF THE PEACE. In American la w . A
juries and minor offenses do ne 111 that sa.me
comt of criminal ju risdiction in the s tate o f
fai r or market, (not a preceding one.) .An
Pennsylvania, havi ng power t o try misde-
Il.ppeal lay to the courts at Westminsler. This
meall o rs , Hnd exercising certain functions ot
J
':Ollrt long ago fell into disllse. 3 BI.
an administmti ve nature. There is olle SllCh
Comrn. 32.
court in each county of the state. Its ses­

COURT OF PLEAS. A. court of the sions are. i n general, held at the same time

county palatine of Durham, baving a local and hy the same jud ges as the court of olJer K
common-law ju risdiction. It was abolished and term.iner a.nd general jail deli1Jery. See
oy the judi('ature act. which transferrell its Brightly's Purd. Dig. pp. 26, &l3, § 35,
jllrisdiction to tbe high court. Jud. A ct p. 1198, § 1.
1873, § 16; 3 B1. Com ", . 79.
COURT OF QUEEN'S BENCH. See l
COUR'r OF POLICIES OF ASSUR­ KING'S BENOH.
ANCE. A court established by statute 43
Eliz. c. 12, to determine in a summary way COURT OF RECORD. A court where
flll causes betwtlen me r ch an ts, concerning the acts !lnd JudiCial proceedings are enrolled
pOlicies of insurance. Crabb. Eng. Law, on parchment or paper for a perpetual llIe� M
103. moria} and testimony; and which has power
 COURT OF RECORD COURT OF SWEINMOTE

to fine and imprison for contempt of its au·
thori ty . 3 Staph. Comm. 383; 3 BI. Comm.
24.
A court which has jurisdiction to fine and im­
prison, or ODe baving jurisdiction at civil causes
'l.hove forty shillings, and proceeding according to
cbe course ot the common ia w. 37 Me. 29.
A judicial organized tribunal baving attributes
and exercising funcLions independently of tbe per­
&on of the magistrate designated generally to hold
it, and proceeding according to the course of the
common law. Bouvier.
tice among the miners and tinners , and tha&
th ey may not be drawn away from tbeir bnsi·
ness to attend suits in dist ant courts. 'fbe
stannary court is a c ou rt of record. witb a
special jurisdict.ioD. 3 Bl. Camm. 79.
' COURT OF STAR CHAMBER. Thlt
was an English court of very ancient origin.
but new-moueled by St. 3 Hen. VII. c. 1, and
21 Hen. VIll. c. 20. con sistin g of diver!
lo rds , spiritual and temporal, being privy

Courts not of r�ord afe those of inferior councillors, together with tw o judges of the
dignity. which have no power to flne or im­ courts of common law, without the interven­
prison, aud in which the proceed i n gs are not tion of any jury. The jurisdiction extended
enrolled or rec orded . 3 Steph. Comm . 384. l egally over riots. perj ury. m is behav ior ot
sberiffs, and other misdemeanors contrary to
C O U R T OF REGARD. In English the laws of the land; yet it was afterwards
law. One of the forest courts, in Eng l an d, stl'etciJed to the asserting of all proclamationl
held every third year. for the la w i ng or ex­ nnd orders of state, to the vindicating of iIl�
peditation of dogs, to prevent them from gal commissions and grants of monopolies;
running after dee.r. It i� lJOW obs ol ete. 8 holding for honorable that which it pleased.
Steph. Comm. 44U; 3 Bl. Comm. 71, 72. and fOf just that which it protited , and b&­
coming both a court of law to determi ne civil
C 0 U R T S OF REQUEST. Inferior rights an d a court of re venue to enrich the
courts, in En gland. having local juri sdiction
t reasu ry . It was finally abolished by St. 16
ill claims for small debts, established in vari­ Car. I. c . 10. to the gtmera l satisfaction of tile
ous parts of the kingdom by spec ial acts ot
whole nation. Brown.
p arl ia men t. They were abolished in 1846.
and the modern county courts (q. 'D.) took COURT OF THE STEWARD AND
tbeir place. 3 Staph. Coro m. 283. M.A:RSHAL. A high court, formerly beld
in Engl and by the steward and m a rsh al of
COURT OF SESSION. The nam e of the king's household. having j urisdiction of
tbe highest court of civil jurisdiction i n Scot­ all actions agai ns t the ki ng ' s peace within
land. the bounds of the household for twelve miles,
It was composed of fifteen judges, now of which circuit was called the II verge." CrablJ,
th i r teen . It sits in two di visions . The lord Eng. Law, 185. It had also jurisdiction of
president and three ord i n ary lords form the actions of debt and covenant, where both the
first divisio D ; the lord justice clerk and three parties were of the hou sehold . 2 Reeve, Eng.
other ordinary lords form the second divis­ Law, 235, 247.
ion. T here are five permanent lords ordi­
COURT OF THE STEWARD OF
nary attached equally to both divisionsj the
THE KING'S HOUSEHOLD. In En·
last appointed of whom otllciates on the b il ls ,
glish law. A co u rt which bad jurisd icti on
i. e . , p tltit i on s prefe rred to the court during
of all cases of treason , mispri si un of trea·
the sessi on, and p erfor ms the other duties of
son, m urder, manslaughter. bloodshed. and
junior lord ordinary. The cha.mbers of the
other malicious strikings whereby blood ill
pa rliament house in wbich the first a nd sec­ shed, oc cu rring in or within the limits of
ond divisions hold their sitti ngs are called
any of the palac es or houses of the ki ng , or
the ., inner hous8 ; " those in which the lords
any oLher house where the royal person is
urdinary sit as single j udges to hear motions
ab iding.
and causes are collectively called the "outer It was created by statute 33 Hen. VU1. c.
bOllse. " The nomination and apPOin tment 12. but lo ng since fell into disuse. 4 BJ.
of the judges is in tbe crown. ·W harton .
Corom. 276, 277, and notes.
C O U R T OF SESSIONS. Coli rls of COURT OF SURVEY. A court for tlle
criminal ju risd iction existing i n California, heari ng of appeals by owners or masters of
New York, and one or two other of the ships. from orders for the detenti o n of unsafe
Un i ted States. ships, made by the English board of trade,

COURT OF STANNARIES. In En­ under Lhe merchant shipping ac t. 1876, § 6.

glishlaw. A court established in Devonshire COURT OF SWEINMOTE. In old
alld Corn wall, for the administration of jus- English law. On e of the forest courts, hay
 COURTS OF THE UNITED STATES 295 COUVE R TU RE

log a somewhat similar jurisdiction to that the king's court. but be held in some certain
of the cOllrt of attachments, (q. 'D.) place , " in consequence of which they have
ever since been heJel (a few necessary rI;lIDOV­
COURTS OF THE UNITED STATES
als in timtls ot the plague excf'pted) i n the
comprise the following: 'rhe senate of the
palace of 1Vestminster only. The courts of
United States, sitting as a court of impeach­
equity also sit at 'Westminster, nominally,
ment; the supreme court; the circuit courts;
during term-time, although, actually. only
the circuit courts of appeals; the district
during the first day of term. for they gener­
courts ; the supreme court of the District of
ally sit in courts provided for the pu rpose in,
Columbia; the territorial courts ; and the
or ill the neighborhood of, Lincoln's Inn.
court of claims. See the several titles.
Brown.
COURTS OF THE UNIVERSITIES
COURT PREROGATIVE. See PRE­
of Oxford and Cambridge have ju risdiction
ROGATIVE CoURT.
in aU personal actions to which any member
or servant of the respective university is a COURT ROLLS. The rolls 01 a manor, 0
party, provided that the cause of acLion arose containing all acts relating thereto. 'Vhile
within the liberties of the u nivf>rsity, and belonging to the lord of the manor, they are
that the memuer or servant was resident in not in the nature of public books for the
the university when it arose, and when the benelit of the tenant.
action was brought.
St. 25 & 26 Viet. c. 26, � 12;
3 Stf>ph.
St,
Comru. 299;
19 & 20 Viet.
COURTESY. See CURTESY. E
c. 17 Each universitycourt also has a c rim­ COUSIN. Kindred in the fourth degree,
inal jurisdiction in all offenses committed by being the issue (male or female) of the
its members. 4 Steph. Comm. 325. brother or sist6r o f one's father or mother.
Those who descend from the brothel' or F
COURT OF WARDS AND LIVER·
sister of the father of the person spoken of
IES. A court of record, established ill
are called II plternal cousins;
11
II maternal
England in the reign of Henry VHf. For
cousins" <Ire those who are descended from
tile survey �nd management of t h e valuable
the brothers or sisters of the mother.
fru i ts of ten ure, a court of record was cre­
In English writs, commissions, and other formal G
ated by St. 32 Hen. Vill. c. 46, called the instruments issued by the crown, the word signiftes
IIConrt of the King's \Varda." To this was any peer of the degree of an earl. The appellatiQD
annexed, by St. 33 Hen. VIIl. c. 22, the is as ancient as the reign of Henry IV., who, be·
ing related or allied to every earl then in the king­
"Court of Liveries ; " 80 that it then became
the " Court of Wards and Li veries . " 4
dom, acknowledged that connection in a.1l his let- H
tars and publio acts; from which the use haa de­
Reeve, Eng. Law. 258. This court was not scended to his successors, though the reason haa
only for the management of " wards. " prop­ long ago failed. Mozley & Whitley.

erly so called, but also of idiots and natural

COUSINAGE. See COSINAGE.
fools in the king's cllstody. and for licenses
to be granted to the king's widows to marry, COUSTOM. Custom; duty; toll ; tribute.
I
and fines to be made for marrying wiLhout 1 TIL Comm. 314,
bis license. 1d. 259. It W..lS aboliShed by
COUSTOUMIER. (Otherwise spelled
statute 12 Car. II. c. 24. Crabb, Eng. Law,
II Ooustwn.ier" or " Oou.tltmicr. " ) In old
46�.
French law. A collection of customs, un­ J
C O U R T S OF W E S T M I N S T E R written laws, and forms of procedure. Two
HALL. The superior courts, both of law such volumes are of especial importance in
and equity, were for centuries JI xpd at West­ (hand Guustumier
jUl'idjcal history, viz., the
minster, an ancient pa.lace of the monarchs
of Englund. Formerly, all the superior
de N01'7nandie, and the Coutumierde France
or Grand Goutumier.
K
courts were held before the king's capital
COUTHUTLAUGH, A person who
Justiciary of England, i n the aula regis. or
willingly and knowingly received an outlaw,
snch of his palaces wherein bis royal person
L
and cherished or concealed him; for which
resided. and removed with his household
ollense he underwent the same punishment
from ODe end of the kingdom to another.
�s the out1aw himself. Bract. 128b; Spel·
This was found to occasion great inconven­
man.
ience to the sui tors. to rernec1y which it was
made an articlt· of the great charLet' of liber­ COUVERTURE, in French Jaw, is tht"
ties, both of King John and King Henry I l l . , deposit ( fl margi n " ) made by the client in the M
that "common pleas should n o longer follow hands of the broker, either of a sum of money
 80VE�ABI.E 296 COVENANT

or of securitirs. in order to guaranty the perform bis part, and the other negleots or refll8el
to pertorm his, he wbo is ready and offers has ful­
broker for the payment of the securilies
filled his engagement, aod roay mai.ntain an e.ctioa
which he purchases for the client. Arg. Fr.
for the default of tbo othe.r, though it is DOt eel'o
Merc. La w, 555. taio that either is obliged to do the first not..
The
third sort is whAre either party may rocover dam­
COVENABLE. A French word signify· ages f('om the other tor the injuries be may have
received by !l breaoh of tbe covenants in his favor;
ing convenient or suitable; as covenably en4
and it is no excuse for tbe defendant to Dllege I
dowed. It is anciently written "con vena­
breach of tho covenants 00 tne part ot the plaintiir.
ble. " Termes de la J....ey. 8 Ala. 330.

Principal and auxiliary ; the former be­

COVENANT. In practice . The name
i11g those which relate directly to the prin­
of a common-law form of action ex contrar:tu..,
cipal matter of the contract entered into
which lies for the recovery of dam<
l ges for
between the parties ; while auxiliary cov�
breach of a covenant. or contract under sea\.
nants are those wllich do not rE"late directly
In the law of contracts. An agree­ to the pri ncipal matter of contract between
ment, convention, or promise of two or the parties. but to something connected witb
more parties, by deed in writing, signed, it .
sealed, and delivered. by which either Inherent or collateral ; the former being
of the parties pledges himself to the other such as affect the particuhtr property im­
that something is either done or shall be mediately. whiletbe latter affect some prop.
done, or stip ulates for the truth of certain erty co l lateral tbereto.
facts.
Joint or several. The former bind bolt
An agreement bet.ween two or more par­
or (111 th e coven antors together ; the latter bind
�ies, redllc(>d to writing and executed by a
each of them separately. A co v en ant may
sealing and delivery thereof, whereby some
be both joint and several at the same time,
I)f the parties named therein engage, or one
as regards the covenantal's ; but, as regards
of them engages. with the otber. or olhers,
the co\'enantet's. they c,mnot be joint and
or some of them, therein also named, that
several for one and the same calise, (5 Coke.
some act hath or hath not already been done.
19a.) b u t must be either jOintor several only.
or for the performance or non-per(ormance
Covenants are IIsually joi lit or several accord·
of some specified duty. 4 'Vhart. 71.
ing as the interests of the covenanLees are
A promise by deed. 2 Steph. Comm. 108. A
such; but the words of the covenant. where
species of expl'esscontract, contained in a deed, to
do a. direct act, or to omit one. 3 ill. Corum. 155. they are unambiguous, will decide, alLho1lgh,
Covenant is a. contract, and is a writing obliga­ where they are ambignolls, the nature of the
tory, or parol promiso, according as it is sealed or interests as being joint or several is lef t to­
not. S Ala.. 3'
20.
decide. Brown.
Covenants may be classified according to
General or specific. The former relale·
several distinct principles of division. Ac­
to land generally and place the covenantee in
cording as one o r other of th ese is auopted,
the position of a specialty creditor only; the
they lire:
latter relate to particular lands and give the
Express or implied j the former being covenantt'e a lien thereon . • Brown.
those which arc created by the express words
Executed or executory j the former b&
of the parties to the deed tleclaralory of their
illg such as rel a te t.o an act already per­
intention. (Platt. COY. 25;) while im plied
formed; while the \atter a.re thost' whose per­
:!ovenants ar those which Brc inferreJ by
formance i s to b e fLL ttl reo Shep. Touch. 161.
�he law from certain words in a deed which
imply (though they lIo not express) tlLem. Affirmative or negative i the former be­
Express covenants are also called covenants ing those in which the party bintls himself

" Ill deed." as distinguished from covenants to the existence of a pl'esenL state of facts as

" ill law. " represented or to the future performance or

some act; \yhile the latter are thos� in which
D ..9 p e n d e n t, concurl'ent, and inde­
the covenantor obliges himself not to do or
pendbnt.
perform some act.
Covenants are either dependent, concurrent, or
mutual and independent. The flrstdepandson th6 Declaratory or obligatory : the former
prlor performance of soma net 01' condition, and, lJeing those wl1ich serve to limit or direct
until the coudition is performed, the other party
IISI:'5: while the btter are those which are
is not liable Lo an action on bis covena.nt. In the
lIiJcond, mutual acts are to be perfol'med at the
binding on the party himself. 1 Sid. 27 ; 1.
r\3111e time; ana it ODO pal't.y is ready, and offers to Keb. 337.
 COYENA:lfT 297
Real or personal j tbe former be . n g s llch
IS bindthe beirs of the covenantor. and pass­
�ng to assign ees , or to the purchaser; w hile
:1 personal covenant affects only the CO" 8-
lIil.ntor and the assets in the hands of his
'!'f'!)I'csentatives after bis death. 4 Ken t.
rAlmm. 470. 471.
Trans itive 01' intransitive ; the former
being those personal (;ovenants the du ty of
performing which passes over to the repre­
se ntatives of the co v enantor : while the lat ter
are those the daty of p er form i ng which is
limited to the covenantt:!e himsI;'lf. and does
not pass over to his representative. Bac.
abr. Cov.
Disjunctive covenants. T hose which
life for the performan ce of on e or more of
several thi n gs at t h e election of tIle cove­
nantor or co venantee. as the case may be.
Platt, Cov. 21.
COVENANT A GAINST IN CUM­
BltANCES. A cove n ant t.hat there are no
incumbrances upon tile land c on v�yed.
COVENAN'l' COLLATERAL. A cov·
enant which is conversant about some coUat­
tend tbin� tha.t doth noth i n g at all. or not
so i m m ediately concer n the th i ng g ranted ;
as to pay a Stl m of mOlley in gross, etc.
Shep. Tou ch . 16 1 .
COVENANT FOR FURTHER AS·
SURANCE. An undertaldng. in the form
of a covenant, 011 th e part of the venuor of real
estate to do such fUlther acts for the purpose
of p erfect ing th e purchaser' s title as the lat­
ter may reasonably require, This covenant
is deemed of grea t importance, s ince it re­
lates both to th e title of tile vendor and to
the instrument of convf>yance to the vendee,
anti operates as well to s€'cur� the perform­
ance of all acts necessary for lSupplying any
defect in the former as to remove all objec­
tions to the suHiciency and se cur iL y of t he
latter. 1'latt, Cov . ; Hawle. Cov. §§ 98. 99.
COVENANT FOR QUIET ENJOY·
MENT. An assurance against the conse­
quences of a d efecti v� t itle, and of any dis­
turbances thereupon. Platt. Cov, 312;
Rawl•• Cov. 125.
COVENANT IN DEED. A eovt;!llan t
f'lxpressed in w ord s , or inserted i n a deed in
specifi c tel'ms.
COVENANT IN LAW. A co venant
i:nplied by law from certain words in a deed
whic l.t do not express it. 1 Archb. N. P.
350.
COYEXA"T. ETC.
COVENANT INHERENT, A. cbve­
nant which is conve rsant about the land. and
knit to the estate in the land; as that the
th ing demised shall be qu ietly en joyed . sball
be kept in reparation, shall not be aliened.
etc. Shep, Touch. un.
COVEN ANT NOT TO SUE. A cov­
ena nt by one wbo had a ri ght of action at
the ti me of mak i ng it again st another person.
by which he agrees not to sue to e n forc6such
right of act i on.
COVENANT OF NON· CLAIM. A
c ovenant sometimes employed, particularly
in the New E ngland states, and in deeds of
extingu is h ment of ground rents in Pen nsyl­
0
vania. that neitb er the ve n dor. nOl' h i s heirs.
nor any other pljrSOD, etc., shall claim any
titl e in the pl'emises con veyed , Rawle. COy.
§a E
COVENANT OF RIGHT TO CON·
VEY. An assurance by t.be co ve nantor that
the granlOl' has suUicient capacity Bnd title to
convey the es tate which be by his deed un­
dertakes to convey.
F
COVENANT OF SEISIN. An a.. ur.
an ce to �he pnrchaser t hat the granto r has
the Vt'l'y t!statc i n q ua ntity and quality whicb
he purports to collvoy. 11 East, 641; Rawlr:-. G
Cov. § 58. It is said that the co venant or
sei s i n is not now in u se i n En glan d . being
embraced in that of a right to convey; but it
is Ilsed in several of the United States. 2 H
Wasbb. Real Prop. *648.
COVENANT OF WARRANTY. An
aSSllrance by the grantor of an estate that the
gran teeshall enjoy the same without inter­
rupt10n by virt.ue of paramount title, r
COVENANT REAL, A co ven ant in a
deed bi ndin g the heirs of the coven an tor, and
passi ng to assignees, or to the purchaser.
It is thus disti n g ui s h ed from a personal J
cov ena n t. which affects only the covenantor.
<lnd the assets in the ha nds of bis represen t..
utives after Il is death. 4 Kent. Comm. 470.
A covenant real has for its object something an·
nexed to, 01' inherent in, orconnected with, land or
K
ot.her real propert.y, and runs with t.he laud, so that.
the grantee of tho land is invested with it, and may
sue upon it for nny breucb happening i n his time.
l
e Conn. 240.
In the old books, a cove nant real is also de­
fined to be a cove nant by which a man bindl
himself to pass a thing real. as lands or ten·
ement.s. Termesde laLey; 3 HI. CO� tIl. l56.
M
C O V E N A N T RUNNING WITH
LAND. A co y en a nt which goes with the
 CO VENA:,\,T TO CONVEY 298
10ur1, as being annexed to the estate, and
which �a.n not be separated from tIte land, and
transferred without it. 4 Kent, Carom. 472.
note. A covenant is said to run with the
land, wIlen not only the original parties or
their representati ves, but each successive
owner of the land, will be entitled to its ben.
etit. or be liable (as t.he case may be) to its
Obligation. 1 Steph. Comm. 455. Or, in
other words. it is so called when either the
liability to perform it or the right to take ad­
vantage of it passes to the assignee of the
land.
COVENANT TO CONVEY. A cove­
nant by which the covenantor agrees to con­
vey to the covenantee a certain estate, under
'Certain circumstances.
COVENANT TO STAND SEISED.
A conveyance adapted to the case where a
person seised of land in posseSSion, rever2ion,
or vested remainder. proposes to con\'ey it to
his wife, child, or kinsman. In its terms it
consists of a covenant by him. in consider­
ation of his natural love and affection, to
-stand seised of the land to the use of the in­
tended transferee. Before the statute of
uses this would merely have raised a use in
favor of the covenantee; but by that act this
use is converted into the legal estate. and the
.covenant therefore operates as a conveyance
of the Jand to the covenantee. It is now al­
most obsolete. 1 Steph. Com m . 532; Will­
lams, Sois. 145.
COVENANTEE. The party to whom a
Sbep. Toucb. 160.
covenant is made.
COVENANTOR. The party who makes
a covenant. Shep. Touch. 160.
COVEN ANTS F O R TITLE. Cove­
nants usually inserted in a conveyance of land,
on the part of the grantor, and binding him
for the completeness, security, and continu­
ance of the tit.le transferred to the grantee. . drawing
'fhey comprise " covenants for seisin, for
right to convey, against incnmbrancf's, for
quiet enjoyment. sometimes for furthp.r as­
surance, and almost always of warranty. "
Rawle, Cov. § 21-
COVENANTS IN GROSS. Snch asdo
not run with the land.
COVENANTS P E R F O R M E D. In
Pennsylvania practice. 'fhis is the name of
� plea to the action of covenant whereby the
defendant, upon informal notice to the plain­
tift', may gh- il anything i n evidence which he
might have pleaded. 4 Dall. 439.
CRASTlNO
COVENT. A contraction, In tbe old
books, of the word U con vent. "
COVENTRY ACT. The name given to
the statute 22 & 23 Car. II. c. 1, which pro­
vided for the punishment of assaults witb
intent to maim ordisfigure a person. It was
so named from its being occasioned hy an as.
sault on Sir John Coventry i n the street. 4
Bl. COlll m. 207.
COVERT. Covered , protected, sheltered.
A puund co'Vert is one that is close or cov­
ered over, as distinguished from pound
o vert, wldch is open overhead. Co. Litt. 47b;
S TIl. Comm_ 12. A feme covert is so called,
as oeing under the wing, protection, or
cO'IJer of her husband. 1 Bl. Comm. 442.
COVERT BARON, or COVERT DE
BARON. Under the protection of a bus­
usnd ; married. 1 Bl. Comm. 442. Lafe'IM
que est CO'IJert de baron,the woman which ill
covert of a husband. Litt. § 670.
COVERTURE. The condition or state
of a. married woman. Sometimes used eUip­
tically to describe the legal disability arising
from a state of coverture_
COVIN. A secret conspiracy or agree­
mellt between two or more persons to injure
or defraud another.
COVINOUS. Deceitful, fraudulent.
C O W A R D I C E. Pusillanimity; feari
misbehavior through fear in relat.ion to some
duty to be performed before an enemy.
O'Brien, Ct. M. 142.
CRAFT. A general term, now common.
ly applied to all kinds of sailing vessels,
though formerly restricted to the smaller ves·
sels. Worcester; 21 Grat. 693.
A gUild.
CRANAGE. A liberty to usea cranefor
up goods and wares of burden from
ships and vessels. at any creek of the sea, or
wharf, unto the land. and to make a profit of
doing so. It also signifies the money paid
and taken for the sen ice. Tomlins.
CRASSA N E G L I G E N T I A. GroS!
neglect; absence of ordi nary care and dil1�
gence. 82 N. Y. 72.
CRASSUS. Large; gross; excessive ; ex­
treme. Cra8sa ignorantia, gros8 ignorance.
Fleta, lib. 5, c. 22, � 18.
CRASTINO. The morrow, tho day after.
The return-day of writs j because the first day
of the term was always some saint's day, and
 CHATES
•
writs were returnable on the day after.
Reeve. Eng. Law. 56.
CRATES. An iron gate before a prison.
1 Vent. 304.
ORAVE. To ask or demand; as to crave
nyer. See OYER.
CRAVEN. In old English law. A ward
ot disgrace and obloquy, pron,punced on either
champion, In the anci ent trial by battle. p rov­
ing rec rea nt, i. e., yieldin g . Glanville calls
it infestum et invereeundll.m verbum." His
II
comlemnation was amUte1'8 liberam legem,
t . e., to become infamous, and not to be ac­
counted liber et legalis homo. being supposed
by the event to ha v e been proved forswurn.
and not fit to be put upon a jury or admitted
as a witness. Wbarton.
CREAMER. A foreign merchant, but
generally tak �nfor one who lIns a stall in a
fair or market. Blount.
CREAMUS. We create. One of the
words by wh ich 8 corporation in England
was fo rmerly created by the king. 1 BI.
Comm. 473.
CREANCE. InFrench law. A claim;
a debt; also belief, credit. faith.
CREANCER. One who trusts or gives
credit; a creditor. Britt. cc. 28, 78.
CREANSOR. A creditor. Cowell.
CREATE. To create a charter or a COf­
poration is to make one which never existed
before, while to 1·enew one is to give vital ity
to o n e which bas been forfeitf'd or has ex­
pired ; and to extend on e is to give an exist­
ing charter more time thanoriginalJy limited.
21 Pa. St. 188.
CREDENTIALS. In international law.
'fhe instruments which authorize and estab­
lish a p u bli c minister in his character witb
the state or prince to wbom they are addressed.
If the staie or prince receive the minister,
he can be received only in the quality attrib­
utt:d to him in his credentia1s. They are, as
it were, his letter of atto rney , his mandate
patent, mandatum mani,festu,m. Va ttel ,
Ii •. 4. e. 6. § 76.
CREDIBILITY. Worthilles. ot belief;
that quality in a witness which renders his
evidence worthy of belief. After the com­
petence of a witn ess is allowed, the consid­
eration of his cred"ibility arises, and not be­
fore. 1 !S urro ws , 414. 417; 3 BI. Comru.
369.
299 CREDITOR
2 As to the distinction between compet4ney
and credibility, see COMPETENCY.
CREDIBLE. WOl'thy of beUef ; entitled
to credit. See CoMPETENOY.
CREDIBLE WITNESS. Oue who. b...
ing CODlpptent to give evidence, is worthy ot
belief. 5 Mass. 229 ; 17 Pick. 154; 2 Curt. Ece.
336.
CREDIT. 1. Theability ora business man
to borrow money, or outain goods on Lime. in
consequence of the favorable opinion held by
the community, or oy the particular lender,
as to his solvency and reliability.
2. Time allowed to the buyer of goods by
the selltlr, in which to make payment for
D
thum.
3. The correlat.i ve of a debt; that is, a debt
considered from the crf>ditor's stand-point, or
that which is incom i ng or due to Olltl. E
4. That which is d u e to a mel'chant, a� dis­
tinguished from debit. that which is due by
him.
5. That in flue nce connected with certai n
social posi.tions. 20 Toullier, n. 19. F
'I'he credit ot an individual is tho trust reposed
In him by those who deal wIth him that he is ot
abU1ty tomeethis engagements ; and he is trusted
because through the tribunals ot the country he
may be mnde to pay. The credit ot a government
is founded on a beliet of its a.bility to comply with
G
its engagements, and a confidence in its honor, that
it will do that voluntarily which it cannot be com­
pelled to do. S Ala. 258.
Credit is the capacity of being trusted. 8 N. Y.
844, 356. H
CREDIT. BILLS OF. See BILLS O.
CREDIT.
CREDIT FONCIER. Fr. A compauy
or co rporat ion formed for the purpose of car· I
rying out improvements, by means of 10aos
and adYnnces on real estate security.
C R E D I T MOBILIER. Fr. A com·
pany or association formed for carrying on 3 J
banking business, or for the construction of
public works, building of railroads. opera·
tion of mines, or other such enterprises. by
me:lllS of loans or advances on the security
U
n
of personal property.
CREDITOR. A person to wbom 8 debt
is owing by another person, called the " debt­
or." The creditor is called a "simple contract
creditor," a " speCialty creditor," a " bond L
creditor," or a "judgment creditor, " accord·
ing to the nature of the obligation giving
rise to the debt j and, if he has issued execu­
tion to enforce a jUdgment, be is call ed an
"execution creditor." He may also be a lSole M
or a joint creditor. Sweet.
 CREDITOR, JUDGhlE.'IT 300 CRIEZ LA PEEZ

CREDITOR, JUDGMENT. One who CREPARE OCULUM. In S."on law.

bas ont.:'linecl a judgment against his debtor, To pu t out an eye: wh ich had a pec u niary
under whicb he can enforce execution. punishment of fifty shillings annexed to it.

CREDI'I'ORS' BILL. In English prac­ CREPUSCULUM. T w il i ght . In th,

tice. A bill i n equ ity, filed by one or more law of b u rglary, this term means the presence
creditors, for an accou nt of the assets of a de­ of sufficient light to discern the face of a
cedent, and a legal settlement anu distribu­ man i such light as exists immed iately befor"
Lion ofllis esta.te <llllong themst:lves and snch the rising of the sun or directly after its aet..
otiter credi tors as may come in under the de­ ti ng.
cree. Crescenta malitiit crescera debet at
In American practice. A proceed i ng to pama.. 2 lnst, 479. Vice increasing, pun­
en force the security of a j udgmen t creditor ishment ought also to increase.
against the p roper ty 01' int erests of his debt­
CREST. ..A. term used in heral d ry i it sIg­
or. This action p roceeds upon the theory
that the judgment is in the nature wf a lien, nifies the devices set over a coat of arms.

such as may be en forced in e q uity , CRETIN US. In olel records. A sudden

A creditors' bill. strictly. is a bill by which stream 01' torrent ; a risi ng or in llndation.
a cl'editor seeks to sa tisry Ilis debt out of sume
equi tab le estate of the tlefendant, which is CRETIO. Lat. In the civil law. A
not tiablo to levy and sHle IInder all execution certain number of days allowed an hei r to de­
at law. But there is another sort of a cred­
liberate wheLher h e would take the inherit-­

itors' blll, very nearly allied to the former, �lI1ce or not. Calvin.
by means of which a party seeks to I'emovea CREW. The aggregate of seamen who
fraudulent conveyance out of the way of bis man a ship or vessel, inclUding tbe master
execu tion . But a naked bill to set aside a amI oflicers; or it may mean the su i p's com­
fralluuleut deed. which seeks no discovery of p<lIly. exclusive of the mas ler, or exclusive
any property. chose in nc tion . or other thing of tbe master and all other officers. See 3
alleged to belong tothe defendant, anu which Sum. 209, et seq.
ought to be s u bjected to the pay m en t of the
judgment, is not a creditors' bi ll . 52 Ill. 98. CREW LIST. In maritime law. A list
of the crew of a vessel ; one of a ship's pa­
Creditorum appellatione non hi tan­ pers. This i ns tr ume nt is requ ired by act of
tum accipiuntur q1;i pecuniam credider� congress, and sometimes by treaties. Rev,
unt, sed omnes quibus ex qualibet causa St. U. S. §§ 4�74. 4375. It is necessary for
debetur. Under the head of "creditors " are the prot�ction of the ere ws of ever)' vessel.
included, not alone those who have lent mou­ in tbtl co u rse of the voyage, during a war
ey, but all to whom from flny cause a de bt is abroad. Jno. SeA. Law!!, 66, 69, HuLe.
owing. Dig. 50, 16. 11.
CRIER. An offi c er of a court, who makes
CREDITRIX. A female creditor. proclamations. His principal duties are to
announce the opening of the court and it"
CREEK. In maritime law. Such liltlo adjournment and the fact that certain speci:d
inlets of the sea. whether w i thiu the preCinct matters are aLoul to be transacted, to an·
or exten t of a port or witho ut , as are narrow noullce the admission of persons to the bar.
'
pas!;agl's. and bave shore on eitber side of to call the names of j urors, witnesses, and
them. Call. Sew. 55. parties, to aunounce that a witness bas been
A small stream less than a ri ver. 1 2 Pick. sworn, to proclaim silence when so d i rected,
184. and generally to make such proclamations of
'l1he term imports a recess. cove, bay, or a p u ulic nature as tlle judges order.
inlet in the shore of a river, and not a sepa­
rate 01' i n depe nde n t stream ; thongh i t is CRIEZ LA PEEZ. Rehearse the con·
the an·
sometimes used in the taLter mt'aning. 38 cord. or pea.ce. A ph rase used in

N. Y. I03. cient proceedings for levying fines. It was

CREMENTUM COMITAT rrs. The !n­
ere;lse of a county. The sheriffs of co unti es
a.nciently answered in their accounts for the
improvement of the ki n g' s rents, abo ve the
tliscontiel rents, under this title.
the forlll of words by which the j ustice be­
fore whom the parties appeared directed the
serjeant or countar in attendance to recite or
,'ead aloud the cow.ord or agreement between
the parties, as to the lantls I n tended to br con­
veyed. 2 Reeve , Eng. Law, 224, 225.
 CRIM. CON. 301 CRIMEN INNOMlNATUM

CRIM. CON. A.n abbre viation tor "crim. Is an infringement or privatIon of the otvU rtghta

tnal conversation," of very frequent use, de­ of indi viduals merely. Browll.

noting adultery.
A crime, as opposed to a civil njury Is the v1�
i ,
IsHon 01" a right, considered In reference to t e h
CRIME. A cri m e Is an act co mmitted or
evil tendency of auch violation, as regards the
community at large. " Staph. Comm. t .
om itted, in violation of a pu blic Jaw, either
forbidd ing or cOlUlllanding i t i a ureach or CRIME AGAINST NATURE. The
violation of sOlUe p u lJl ic right or d u ty due to offense ofbuggery 01' sodom1'
a whole community, considered as a com­
CRIMEN. Lat. Cri me. Also an accu­
lUullity in its social aggrega te capa city , as
sation or charge of crime.
disLi ng u isbed from a ci v il i nju ry. "Crime"
"
and " misdemeanorI properly speak in g . are CRIMEN FALSI. In the civil law.
eynonymous terms; thou gh in common usage Thecrimeof fllisifying; which might be com­
I'crime" is made to den ote such offtmses as mi tted either by w ri ting , as by the forgery
are- of a deeper and more atrocious dye. 4 of a will or other instrumellt; by word s. as
BI. Camlll. 5. by uearing false witness, or perjury; and by D
Crimes are those wrongs which the gOY­ acts, as by counterfeiting or adulterating the
'
emment notices as inj urious to the pu blic, pu blic money. deali n g with false weights and
anti pu nishes i n what is called a " criminal measures, counterfeiting seals, Hnd other
procee1l ing." in iLs own name. 1 Bish. Crim. fraudulent and decei tf ul practices. Dig. 4!:J,
Law, § 43. 10; Hallifax, Civil Law, b. 3. c. 12, nn. E
A. cri me may be defined to be any act done 56-59.
in \' iolat i on of Lhose duties which an indi­ In Scotch law. It has bee n defip.ed:
vidual owes to the comm unity, and for the "A fraudulent imitation or supp ression of
breach of which the law has pro \·ided that truth, to t he prejudice of another." Ersk. F
the offender shall make satisfaction to the lust. 4. 4, 66.
puhlic. Bdl.
At common law. Any crime which may
A crime or public offense is an act commit. injuriollsly affect the admi nistration of jus­
ted or o mitted In v iola tion of a law foruid­
tice, by the introduction of falsehood and
ding or commanding it. and to which i!> an­ fraud . 1 Gr ee n!. Ev. § 373. G
nexed, upon conviction, ei ther of the foliow­
In modern law. This phrase 1s not used
i ng pu nis hm ents : (1) Death ; (2) i m pri s­
as a designation of any' specific crime, but 3.11
ollment; (3) fine; (4) removal from office ;
a ge uc ral designation of a class of offenses,
or (5) disqualification to holi.l and enjoy any

office of honor, tnlsL, or p ro H t i n Lh is sLaLe.

includin g all such as involve deceit or ralsi� H
fica tion j e. g . , forge ry, counterfeiting, usi ng
l'e n. Code Cal. § 15.
false weights or measures, perjury, etc.
A crime or misc1pmpilnor shall consist in a
In cl udes forgery , perjury. su bo rna ti on or
violation of a pu bli c law. in the commisSion
perj u ry, and ofIouscs affecting tile public ad­
of which there shall be a union or joint oper­
ministration of j usti ce. 29 Ohio St. 358.
ation of act and intention. or criminal neg.
Iigence. Code Ga. 1882, § 4292. Crimen falsi dicltur, cum quia illicitutl,
Accord ing to Blackstone, the wo rd "c r i me " cui non fuel'it ad hwc data anctoritas, de
denotes such O irB nSeS as are of a deeper an d sigillo regis, rapto vel invento, breviG,
more atrocio us dye, wilile smaller faulta and cartasve cODsignaverit. Flet::!, li b . I, c. 23. J
omiSSions of less conseq uence ul'ecalled II m is. The cri me'of forgery is when allY one ill icitly,
demeanors . " But the better use appears to to whom power has not been given for 8uch
be to make crime a term of broad and gen. purposes, LiaS signed writs or chaders with
eral imp ort, including both felonies and mis­ the king's eeal. either stolen or found.
demeanors, and hence cover i ng <lll i nfrac­ CRIMEN FURTI. The o ffense of theft.
M
tions of the criminal law. In this sense it
is not a technical phrase. strictly spealdng. CRIMEN INCENDTI. In old crimi nal
(as " felo n y " and " misdemsanor" are.) b u t law. The crime of burnIng. which included

l
n convenient general term . In this sense, not only the modern crime of arson. (or burn­

also, "ofl'ense" or "public offense" should be ing of a hous e. ) but also the burning of a ma.n,

u se d as synonymous with it. beast. or other cbattel. Britt. Co 9; Cra.bb,

Eng. Law, 308.
The d.st.inction between a crime and a tort or
civil injury isthat the former is a. breach and vio­ C R I M E N INNOMINATUM. The "1
lation of the public right and of duties due to the
whole community considered as sucb, and in its
n am eless crime. A term for buggery 01 1\
'IO.:ial. aUil aggregate capa.citY i whereas the latter souamy.
 CRIMEN L1E;;1E MAJESTATIS 302 CRIMINA L PROCEDURE

CRIMEN LlESlE MAJESTATIS. In C R I M IN A L CONTEMPT. A cou·,

criminal law. The crime of lese-majesty, or tempt of court which consists in openly in­
inj uri ng majesty or royalty ; high treason. sulting or resisti ng the powers of the court
The term was used by the older English law .. or tbe persons of the jUdges who preside
writers to denote any crime affecting the there. Otherwise called "d irect" contempt.
king's person or dignity. 4 BI. Co.m m. 283.
It is borrowed from the civil law, in which
CRIM INAL CONVERSATION.
it signified the undertaking of any enterprise
Ad ullery, considered in its aspect of a civil
<tga.inst the emperor or the l'epublic. lost. 4,
injury to the h usband entitling him to dam­
18, 3.
ages; the tort of debauching or seducing of
Crimen lresle majestatis omnia alia a wife. Often abbreviated to crim. con.
crimina excedit quoad pmnam. 3 lust.
210. The crime of treason exceeds all other
C R I M I N A L INFORMATION. A
criminal suit brought, without interposition
crimes in its punishment.
of a grand j u ry, by the proper officer of the­
Crimen omnia ex se nata vitiat. Crime king or state. Cole, Crim.Inf.; 4 Bl. Comm.
vitiates everything which springs from i t . 39�.
5 Hill, 523, 531.
CRIMINAL INTENT. The Intent to
CRIM.EN RAPTUS. The offense of commit a. crime; malice, as evidenced by a
rape. criminal act.

CRIMEN ROBERI.lE. The offen,e of CRIMINAL LAW. That branch or di·

robbery. vision ot law which treats of crimes and their

Crimen trahit personam. The crime punishments.

carries the person, (i. e., the commission of a In the plllral-"crimi nn.l laws "-the term

crime gi ves the courts of the place where it is may denote the laws which define and pr�

com mit.ted j urisdicLion over the person of the hibit the various species of crime! and esta�

offeuder.) 3 Denio, 190, 210. Hsh their pun ishments.

Crimina morte extinguuntur. Crimes C R I M I N A L LAW AMENDMENT

are extinguished by de&tb. ACT. TlJis act was passed in 1871, (34 &
35 Viet. e. 32,) to prevenl and punish any
CRIMINAL. Ths� which pertains to or
violence, threats, or molestation, on the part
is connected with tbe law of crimes. or the
either of master or workmen, in the various
administration of pena.l justice, or which re­
relations arising between them. 4 Steph.
lates to or bas the character of crime. Also
Comm. 241.
a person who has committed a crime; one
who is guilty of a felony or misdemeanor. C R I M I NA L LAW CONSOLIDA­
TION ACTS. The statutes 24 &; 25 Viet.
CRIMINAL ACT. A term which i s ce. 94-100, passed in 1861, for tbe consollds­
equivalent to crime; o r is sometimes used tion of the criminal law of England <lOd ire­
with a slight softening or glossing of the land. 4 Steph. Comm. 297. These impor·
meaning, or as importing a possible questioD
tant statutes amount to a codification of Lhe
of the legal guilt of tbe deed. modern criminal law of Enghmd.
CRIMINAL ACTION. Tbe proceerl ing
CRIMINAL LETTERS. In Scotch law.
by wbich a party charged with a public of­
A process used as the commencement o[ a
fense is accused and brought to trial and pun­
criminal procoeuing, i n the nature of a sum­
ishment i s known as a "criminal action."
mons issuau by the lord advocate or his dep­
Pen. Code Cal. § 68�.
uty. It resembles a criminal information at
.A criminal action is (1) an actIon prose­
common law.
cuted by the state as a party, against a per­
son cbarged with a public offense, for the CRIMIN AL LIBEL. .A. libel which i.
punishment thereof; (2) an action prosecuted. punisb,lble criminally; one which tends to
by the stale. at the instance of an individual, excite a breach of the peace.
to prevent an apprehended crime. against bis
C RI M I N A L PROCEDURE. Tho
person or property. Code N. C. 1883, § 129.
method pointed out by Jaw for the apprehen.
CRIMINAL CASE. An action, suit. or sion. trial, or prosecuLion, and fixing the
cause instit.uted to punish an infraction of punishment, of those persons who have
the criminal la \VS. broken or Violated. or are supposed to have
 CUIMINAL PUOCESS 803 CROSS-COMPLAIN T

oroken or violated, the laws prescribed for CROP. The products at the harvest In
the regulation of the com! ll ct of the people of corn o r grai n . Emb!cment,�.
the community, and who have thereby laid
CROPPER. One who, h avi ng no inter­
themselves liable to fine or imprisonment or
est in the land. works it in consideration of
other p n nishment. 4 Amer. & Eng. Ene.
recei ving a portion of the crop for his labor.
Law, 730,
2 Hawle, 11.
CRIMINAL PROCESS. Process w hich The difference between a tenant and a cropper
is; A tenant bas an estate iu tbe land for tbe
issues to campe]a person to ans weI' for a
term, and, consequently, he has a right of property
crimear misdemeanor. I Btew. (Ala .) 27. in the crops. Until division, tbe right of pl·operty
and or possession in tbe wbole is the tenant's. A
CRIMINAL PROSECUTION. An ac­
cropper bas no estate in tbe land; and, although
tiOD or proceeding instituted in a proper he has in some sense the possession of the crop, it
court on behaH of thepublh:. for the pu rpose is the possession of a servant only, and is, in law,
of securing the convictiu n and punishment tbat of the landloro, who must divide of! to the
cropper his share. 71 N. C. 7.
of one accused of crime.
CROSS. A mark made by persons who
o
CRIMINALITER. Cri m inal ly. This
are unable to write. to stand instead of a sig­
term is IlSed, in distinction or opposition to nature; usu:llly made in the form of a Mal­
the word "ci'l1ilite-r." civilly, to distinguish 8
tese cross.
criroinal
one.
lia bil ity or prosecution from a civil As an adjective, the word is applied to E
various demands and proceedings which are
CR I M I N A T E . To charge one with connected in subject-matter, but opposite or
crime; to furnish groulld for a crimin al pros­ contradictory in purpose or object.
ecution; to expo�e a person to a crim inal
chll rge. A witness cannot be compelled to
CROSS-ACTION.
by one who is defendant in
An action hrought
a suit a gain st
F
answer any question which Ims a tend.eney to the party who is plaintiff in such suit, upon
!:riminate him.
a cause of action growing out of the same
CRIMP. One who decoys and plunders transaction which is there i n contro versy,
sailors under cover of harboring them. whelher it be a contract or tort. G
\Vba�ton. CROSS-APPEAL. Where both parties
to a judgment apPbal therefrom, the appeal
CRO, CROO. In old Scotcb law. A
of each is called a "cross.appeal " as regards
weregild. A composition. satisfaction, or
assythment for the slaughter of a man.
that of the other. 3 Steph. Comm. 581.
H
CROSS-BILL. In equity practice. One
CROCIA. The crosier, or pastoral staff.
which is brought by a defendant in a suit
CROCIARIUS. A cross-bearer, who agai nst a plaintiff in or against otber defend.
ants in the same suit. or against both. touch-
went before the prelate. Wbarton.
ing the m,�tters in ques t.io n in the origi nal
I
CROCKARDS, CROCARDS. A toreign bill. Story, Eq. Pl. § 389; Mitf. Eq. Pl. 80.
coin of base metal, prohibited by statute 27 A cross--bill is a bill brought by a defendant.
Edw. I. St. 3, from being brought into the against a plaintiff., or other parties in a former bill
realm.
176.
4 BI. Cornm. 98; Crabb, Eng. Law, depending, touching the matter in question in that
bill. It is usually brought either to obtain a nec­ J
essary discovery of facts in a.id of the defense to
CROFT. A little close adjoining a dwell· the original bill, or to obtain full relief to all par­
ties in reference to the matters of the original bill.
jng-house. and inclosed for pasture and till·
It is to be treated as a mere auxiliary suit. 17

K
age or any particular use. Jacob. A small
How. 591 ; 85 N. H. 235.
place fenced off in which to keep farm-cat.tle. A cross·bill is a species or pleading, used for the
Spelman. The word is now en ti rely obso­ purpose of obtaining a discovery necessary to the
defense, or to obtain some relief founded on the
lete.
collateral claims of tt..e party defendant to the
CROISES. Pilgrims; so called as wear­ original suit. 14 Ga. 167.

ing the sign of the cross on their upper gar­ Also, if 8 bill of exchange or promissory L
ments. 122. The knights of the
BriLt. c. note be given in consideration of anoth er bill
order of �t. John at Jerusalem. created for or note, it is called a "cross" or " counter"
the defense of the pilgrims . Cowell; "Blount. bill 01' note.

CROITEIR. A crofter ; one balding a CROSS-COMPLAINT. In code practice. M

<:roft. Wllcnevertlle defendan t seeks affirmative re--
 CHeSS-DEMAND 304 CHeWN PAPER

tiefagalnstany party, relating to or depending CROWN. The sovereign power In •

upon the contract or transaction upon which monarchy. especially in relation to the pun·
the action is urought, or affecti ng the property ishment of crimes. " F elony is ::tn offense ot
to which the action relates. he may, in addi­ the crOWD. " Finch. Law, b. 1. c. 16.
tion to hid answer, file at the same time, or An ornamental badge of regal power worD
by permission of the comt subsequently, a on the �lead by sovereign princes. The word
cross-com plaint. The cross-comp);tint must is frequently usml when speakillg of lhe 50\'·
be served upon the parties affected thereby. ereign herself, or tha rights, duties, and pre­
and sllch parties may demur or ans wer thereto rogat.ives belonging to lier. Also a silver
as to Lhe original complaint. Code Civil Proc. coin of the vulue of five shilling3. Wharton.
Cal. § 442.
C RO WN CASES. In English law.
CROSS-DEMAND. Where 8 person Criminal prosecutions on behalf of tbe crOWD,
against whom [\, de mand is made by another, as representing the public; causes in the
i n his turn makes a clama ntl against that criminal courts.
other, these mutunl demands are called " cross­
CROWN CASES RESERVED. 10
deruand3 . " .A. set-off is a fami l iar example.
English law. Questions of law arising in
CROSS· ERRORS. ErrOl'S being a!1Signed criminal trials at t.heassizes, (otherwise Lila!:
by the respondent in a writ of error, the er� by way of demurrer, ) and not dechled tllere,
rors assigned o n both sides are called " crOS8- but reserved for the consideration of the
errors. 1/ court of criminal appeal.

CROSS-EXAMINATION. In practice. C R 0 WN COURT. In English lI\w.

Tile examination of a witness upon a trial or Tile court in which the crown cases, or crim­
hearing. or upon taking a depOSition, by the inal business, of the assizes is transacted.
party opposed to the one who prod.uced him,
upon his evidence given in chief. to test its CROWN DEB TS. In English law.
truth, to fUlther tlevelop it, or for oLher pur� Debts dl!e to the hrown, which are put, by
poses. v arious sta..tutes. upon a different footing
from t.llose due to a subject.
CROSS-REMAINDER. 'Vhere land ie
devised or conveyed to two or more persons CROWN LANDS. The demesne lands
as tenants i n common, or where d i fferent of the crown.
parts of the Same land are gi ven to such per.
CROWN LAW. Criminal law in Eng.
sons in severalty, with such l imitations that,
land is sometimes so term!::u , the crowl1 be­
upon the determination of the particular es­
ing aJ ways the prosecutor i n criminal pro­
tate of either, his share i s to pass to tbe other,
ceedings. 4 Bl. ComIn. 2.
to the entire exclUSion at the ultimate rl?
maindor-man or reversioner until all the par­ CROWN OFFICE. The crimlMI side
ticul,Lr estates shall be exhausted, the re­ of the court of king'! bench. The kmg's
mai nders so limited are called " cross-remain­ attorney in this court is called " master ot
del'S. " In wiils, such remainders may arise the crown office." 4 Bl . Comm. 308.
by implicati on ; but, in deeds, only by express
CROWN OFFICE IN CHANCERY.
limitation. Seo 2 .H1. Comm. 381; 2 Washb.
One of the offices of the English high court
Real Prop. 233j 1 Prest. Est. 94.
of chancery, DOW Lransferreu to tile high
CROSS-RULES. These were rules where courL of j ustice. The principal official, the
each of the opposite litigants obtained a. rulp clerk of the crown , is an otlicer of parlia­
nisi. as the plaintiff to i n crease the damages, ment, and at the lord cb'U1cellor. in his non·
and the defendant to enter a nonsuit. 'Vllar­ jud iCial capacity, rather tllan an officer or
ton. tbe comts of law.

CROSSED CHECK. A check crossed CROWN PAPER. .A. paper containing

with two lines, botween which are either the the list at criminal cases widell awa-;t the
name of a bank or the words " and com pany," hearing or decision of the court, and partic­
i n full or abbreviated. In the former case, ularly of tbe court of queen's bench ; and it
the banker o n whom it is drawn must not then includes all cases ariSing from i nforma­
pay the monuy for the check to any other than tions quo wa1'ranto, criminal informations,
the bunko!' Dluned ; in the latter case, he must. crhnlnal cases brought up from inferior
Dot pay it to any other than a banker. 2 courts by writ of certio1'ari, and cases from
Steph. Comm. 118. note c_ the sessions. Brown.
 CBOWN SInE �05 CUI BONO

CROWN SIDE. The criminal dep.rt­
:Dent of the co u rt of qu een 's bench ; theciviJ
department or branch being called the "plea
Ilde . " 4 m. Comm. 265.
CROWN SOLICITOR. In England.
the solic i tor to the treasury acts, in state
prosecutions, as solicitor fqr 'the crown i n
preparing the prosecution. I n Ireland there
ire officers called ucrowD solicitors" attached
to each circuit. whose duty it is to get
every caBe for the crown in criminal prosec Ua
tiOIlS. are paid by salaries. There is
They
no s uch system in E nglan d. where prosecua
tions are conducted by solic itors appo i n ted
by the parish, or other persons bounli over
to pros ecute by the magistrates on eHeh com­
mittal; but in Scotland the sti l l beUer plan
exists of a crown prosec utor ( ca l led ilie " proe­
Cruelty Inoludes both willfulness and maltoioull
temp�r of mInd with which an act is done, as well
8S a high degree of pain in fiic ted. Acts merely a�
cjdental, though they infliot great pain , are not
" cruel, " in the sense of the word as used in stnt­
utes against cruelty. 101 Mass. M.
CRUISE. A voyage undertaken for a
ghoen purpose j a voyage for the purpose of
making captur es j'U1'e belli. 2 Gall. 538.
A voyage or expedition in quest of vessels or
up fieets of the enemy which may be expected to sail
in any particular track at a certain season ot the
year. 'l'he region in which these cruises are per­
formed Is usually termed the " rendezvous, " or
"cruising latitude. " BouvIer.
Imports a definite place, as wall as time ot com-
mencement and termination. unless such construc- 0
tion is repelled by the context. When not other­
wise specially agreed, a cruise begins and ends in
the country to which a. ship belongs, and trom
which sho derives her commission. 2 Gall. 526.

urator-liscltl," and bei ng a subordinate of

CRY. To call out aloud ; to p roclai m ; E
the lord -advocate ) in every county, who pre.
. ton . to p u blis h ; to sel l at auction. "To cry a t ract
pares every criminal prosec ution . )Vbu
of land. " 1 Wash. (Va.) 335. (260.)
CROWNER. In old Scotch law. Cor­
CRY DE PAIS, or CRr DE PAIS. The
oner ; a coroner.
bue and cry raised by tbe people i n ancient F
CRDY. In old English law. .Marsh land . times, where a felony had been committed
Bloun t. and the con sta ble was absent.

CRUCE SIGNATI. In old En gli sh law. CRYER. An auc ti on eer. 1 Wash. (Va.)
Signed or marked with a cross. Pilgri ms to 337. (262.) One w h o calls out aloud; one who G
the holy land, or crusaders; so called because publisbes or proclaims. See CRlER.
they wore the sign of the cross upon their
CRYPTA. A chapel or or ato ry under­
garments. Spdman.
ground, or under a church or cathedral. Du
CRUELTY. The intentional and ma. Cange. H
IiciollS inll iction of physi cal suffering upon
CUCKING-STOOL. An engine of cor·
living crcatures, particularly human beings;
rection for common scolds, which in the Sax-
or, as applied to the latte r, the wanton. mali­
on language is said to si gnif y the scolding­
cious, and unnecessary infliction of pai n upon
stool, though n o w it i s frequently corr upte d
the body , or the feelings a n d emotion s ; abu.
into ducking-stool, becau se the judgment was
Jive treatment; inhn manity ; o utrHge .
tlH�t. when the woman was placed therein, she
Extreme cruelty is the ini1ictio n of grievous
sho u ld be plunged i n the water for her punish­
bodily i n j u ry or grievous mental suITering
ment. It was also 'variously cal1ed a " tre_
upon the other by one party to the marriage.
Civil Cod. Cal. § 94.
b u cke t , " II tnmbrel, " or " cast igatory. " 8 J
lost. 219; 4 Bl . Comm. 169; Brown .
.t18 between husband and wtfe. Those acts
which af1ect the life, the health, or even the com­ CUEILLETTE. A term of French mar·
fort, of the party aggrieved, and give a refl.!'lonnble itime law. See .A CUEILL.t;TTE.
apprehension of bodily hurt, are called " oruelty.
K
n

What merely wounds the feelings is seldom tl.d� CUI ANTE DIVORTIUM. (To whom
ll1itted to be cruelty,uoless the net be accompanied
before d iv orce . ) .A writ for a woman d i·
with bodily injul'y, either actual or menaced. Mere
vorced from her husband t.o r ecover her lands
a.usterity of temper, petulance of m anners, rude­
ness of language, a want of civil attenti on and ac­
and tenements which she l'3d in fee-s imp le
commodati on, even occasional sa..llies of paSSion, or in tail, or for life. from mm to w hom her
will not amount to legal c uelty ; uJort1.ori. the da­
r husband alienated them during the marriage. L
nial of little indulgellces and particular accommo.
when she could not gainsay it. Reg. Orig.
datloos, which the delicacy of the world is apt to
number among its necessaries, is not cruelty. The 233.
negative descriptions of cruelty are perhaps the
CUI BONO. For w h ose good ; for whos e
best, under t.he infinite variet.y of cases that may
occllr, by showing what is not cl'Uelty. 1 flagg. use or benefit. " Cui b01io is ever of great M
311, 312.
Conltt. 8:S ; 4- ]�ng. Ecc. 238, weight in all agreements. " Parker, C. J.,
AM.DICT.LAW-20
 CUICUNQUE ALIQUIS QUID. ETC. 806 CUL DE SAC

10 Mod. 135. Sometimes translated, for Cujus est commodum ejus debet esse
what good. for wbat useful purpose. tncommodum. 'Whose is the advantage,
his also should be the disadv antage.
Cuicunque aliquis quid concedit con·
cedere videtur et id, s1ne quo res ipsa C uj U8 est dare, eju8 est disponere.
esse non potuit. 11 Coke, 52. Whoever Wing. JHax. 53. Whose it is to give. his U
grants anything to another is supposed to is to diSpose; or, as Broom says "the b� ,

grant that also without· which the thing it­ stower of a gift has a right to regulate ita
self would be of no effect. disposal." Broom, Max. 459, 461, 463. 464.

CUI IN VITA. (To whom In life.) A Cujus est divisio, alterius est eleetio.
writ of entry for a widow against him to 'Vhichever [of two parties] has the division,
whom her husband aliened her lands or tene­ [of an estate.] the choice [of the shares] is
ments in his life-time; which must contain the other's. Co. Litt. 166b. In partition
in it that during his life she could not with­ between copareeners. where the d i v ision is
.tand It. Reg. Orig. 232; Fi tzh . Nat. Brev. made by the eldest, the rule in English law
193. is that she shall choose ber share last. Id. i
2 Bl. Comm. 189; 1 Steph. Comm. 323.
Cui jurisdictio data. est. ea quoque
concessa esse videntur, sine quibus ju­
Cujus est dominlum ejus est pericu­
risdictio explicari non patest. To
lum. The risk lies upon the owner of the
wbomsoAver a j urisdiction is given, those
subject. Tray. Lat. Max. 114.
tliings also are supposed to be granted, with­
out which the jurisdiction canlJot be exer­ CujUB est instituere, ejus est abrogare.
cised. Dig. 2 , 1, 2. The grant of jurisdic­ Whose right it is to institute, his right it is
tion implies the grant of all powers necessary to abrogate. Broom, Max. 878, note.
to its exercise. 1 Kent, Comm. 339.
Cujus est solum ej us est usque ad
Cui jus est donBIidi, eidem et ven­ ccelum. Whose is the suil, his it is up to
dendi et concedendi jus est. He who the sky. Co. Litt. 4a. lie who owns the
has the right of giving bas also the right of soil, or s u rface of the ground, owns, or bas
selling and granting. Dig. 50. 17, 163. an exclusive right to, everything which is
upon or above i t to an indefinite height. 9
Cuilibet in arte sua pento est creden­
Coke. 54; �hep. Touch. 90; 2 B1. Comm. 18;
dum. A ny person skilled in his peculiar
3 BI. Comm. 217; Broom, Max. 395.
art or profession is to be believed, [i. e.,
when he speaks of matters connected with C uj u s est solum, ejus est usque ad
such art.] Co. Litt. 125a; ;:;helf. Mar. &. ccelulil et ad inferos. To whomsoevel' the
Div . 206. Credence should be given to one soil belongs, he owns ;lIso to the sky and to
ekilled in his pec uli ar professioll. Broom. the depths. The OWTwr of a piece of land
Max. 932. owns everything above and below it to an
indefinite extent. Co. Litt 4.
.

Cuilibet ticet juri pro se 1ntroducto

renunciare. Any one may wai ve or re­ Cujus juris (t. e., jurisdictionis) est
nO lillce the benefit of a principle 01' rule of principale, ejusdem juris erit sccesso·
law that exists only for his proteclion. rium. 2 Inst. 493. An accessory matter is
subject to the same jurisdiction as its princi­
Cui hcet quod majus, non debet quod
pal.
minus est non licere. He who is allowed
to do lhe greater ought not to be prohibited Cujus per errorem dati repetitio est,
from doing the less. Be w h o has authority ejus consulto dati donatio est. He who
to lIo the more important act oug!lt 1I0t to be gives a thing by mistake has a right to re­

debarred from doing wbat is of less impor­ cover it back; uut, if be gives designedly, it
t.nce. 4 Coke. 23. is a gift. D ig . 50, 17, 53.

Cui pater est populus non habet ilie Cujusque rei potissima pars est prin­
patrem. He to whom the people is father cipium. The cbiefest part of everything it
has not 8 falher. Co. Litt. 123. the beginning. Dig. 1. 2, 1 ; 10 Co]{e, 49a. l

Cuique in Bua arta credendum est. CUL DE SAC. (Fr. the bottom of •
Every one is to be believed in his own art. 9 sack.) A blind alleYi a street which is opeD
Mass. 227. at one end only.
 CULAGIUM 307 CUll DE LUClla. ETC.

CUr,AGIUM. In old records. The l ay­ It is not. however, a tecbical term ot the
ing up a sh i p in a dock. in order to be re­ law ; and 1n its vernacular usage it seems to
pajred . Co w ell ; Blount. imply only a l ight deg('ee of censure or moral
reprobation.
CULPA. A te rm of the civil law, mean·
Blackstone believes it an abbreviation of the old
Ing fau lt, neglect, or negligence. Tilere are forms of arraignment, whereby, on the prisoner' s
turee t.legree s of culpa.-lata culpa, gros3 pleading "Dot guilty, t·he clerk would respond, "cuI-­
fault or neglect; levis culpa, o rdinary fault pabll1:s, prtt, n i. c., he is guilty and the crown i s
ready. It was (be says) the Vtvu. 'Voce replication,
or neglect; levissima culpa, sl i ght fault or
by the clerk. on behalf of the crown, to the pris­
neglect.-and the detinitio�lS of these degrees oner's plea of non culpCtbilis; prlt being a technic­
are precisely the same as those in our la w . al word, anciently in use in the formula of join­
Story, Bailrn. § 18. This te rm i s to be dis­ ing issue. 4 Bt. Comm. 839.
Buta more plausiblo explanation is that given by
tinguished froU! dolus. which means fraud.
Donaldson, (cited Whnrt. Lox.,) a8 follows : The
g ui le, or deceit.
n
clerk asks the prisoner, " Are you guilty, or Dot

Culpa caret qui Beit sed prohibere non

guilty1 n Prisoner, "Not guilty. " Clerk, "Qu.'it
paro£t, [may it prove 80.] Howwill you be trie d " "
po�est. He is clear of blame who knows. Prisoner, "By God and my country. n These words
aut cannot prevent. Dig. 50. 17, 50. being hUI'ried over, came to sound, "Culprit, how
will you be triod l " The ordina.ry derivation is
Culpa. est immiscere se rei ad s e non from culpa.
pertinen t!. 2 1nst. 20�. It is a fault. for
any one to meddle i n a matt er not pertai ning
C ULRACH. In old Scotch law. A E
species of pledge or c(\Utioner, (Scottice, back
to him.
borgh,) used ill cases of the replevin of perso ns
Culpa lata dolo requiparatur. Gross from one man's court to another's. Skene.
negligence is held equ ivalent to i nten tional
wrong. CULTIVATED. A field on whi ch a crop F
of wh ea t is growing is a c u lti vated Held, al­
Culpa tenet [tenest] SUOB auctores. tho ugh lIot a stroke of labor may have been
Misconduct binds [sho uld bind ] its ow n au· done in it since the seed wa s p ut in the
thors. It is a never-failing axiom t bat eve ry
G
ground, and it is a cuU,ivated field after tbe
one is accountable only for his o wn delicts. c rop is removed. It is. strictly, a culti vated
Ersk. Inst. 4. 1, 14. piece of gr ound . 13 Ired. 36.

CULPABILIS. Lat. In old English law. CULTURA. A parcel of arable land.

G-lli1Ly. Culpabilis de jntJ'u8ione,-glliity of Blo u nt.
intrusion. Fleta, lib. 4, c. 30, � 11.
CULVERTAGE. I n old Engl is h law. A
H
CULPABLE. Means not only crimi nal, base kind of slavery. The confiscation or for­
but censurable ; and, wllen th e term is ap­ feiture which takes place when a lord seizes
plied to tlle omission by a person to preserve his te nan t' s estate. Bl ount j Du Oange.
Lhe m ea n s of enfo rc i ng bis owu rights , cen·
Cum actio fuel'it mere criminalis, in·
I
surable is more nearly an equi valent. As be
stitui poterit ab initio criminaliter vel
hM merely lost a righ t of action Which
civiliter. 'Vhen an nelion is merely crimi.
De might volu ntarily re l i nq u i sh , aud has
nal, it can be instituted from the b\!gi nning
wrvnged nobody but himself, culpable neg­
lect conveys the idea of n eglect which exis ts
either criminally or c i villy. B ract. 102. J
where the loss can fnirly be ascribed to the Cum adsunt testimonia rerum, quid
party 's o w n carelessness, impl'ovidence, or opus est verbis ? 'Vhen tile proofs of fal!ts
folly. 8 Allen. 121. are present, what need is there of words jol 2

CULPABLE HOMICIDE. Described

B u ist. 53.
K
as a crime varying from the very lowest cul­ Cum aliquis renunciaverit societati,
pabil ity, up to th e very verge of m u rder. solvitur societas. 'Vhen any pa rtner reo

Lord Moncrieff, Arkley, 72. nounces the partnership , the partnership is

Tray. Lat. Max:. 118.
L
dissol ved.
Culpre pama par esto. Pmna ad men�
suram delicti statuenda est. Let the pun­ Cum confitente sponte mitius est
ishment be proportioned to the crime. Pun­ agendum. 4 lnst. 66. One conf essing will.
ishment is to be measured by the extent of ingly should be dealt with more len i en tly.
the oilense.

CULPRIT. A person who is in dicted for

Cum de lucro duorum qureritur, me­
lior est causa. possidentis. When' the
M
a criminal offense, b ut not yet convicted. quest�u n is as to the gai n of two persons, tbe
 CUM DUO INTER SE. ETC. S08 CUMULA'fIVE VOTING

cause of him who is ta possession is the bet- effect as I do it. it shall have as much effect
ter. Dig. 50, 17, 126. as it can ; i. 6., in some other way.
Cum duo inter se pugnantia reperi­ CUM TESTAMENTO ANNEXO. L.
untur in testamento, ultimum ratum Lat. With Lbe will ann exed. A term applied
est. \Vhere two things repugn ant to ea.ch to a.dministration granted wbere a testator
other are found in a wi II. the last shall staud. makes an incomplete will, without naming
Co. Litt. 112b; Sbep . 1'oucb. 451; Broom. any execu tors, or where he names incapable
Max . 588. persons, or where the 6Xp.cutOrs named refuBe
to act. 2 B I. COlll ffi. 503. 504.
C u m d u o j u r a concurrunt in UDa
persona ooquum est ac 8 i essent in duo· CUMULATIVE. Additional ; heaping
bus. When two rights meet in one persoD, UPi increasing ; form i n g an aggregate. The
it is the same as if they were in two persons. word signifies that two things are to be added
Logether, instead of one being a repetition 01
CUM GRANO SALIS. ( W ith a grain in substitution of the other.
of salt. ) With allowance for exaggeration.
CUMULATIVE EVIDENCE. Adoi ·
Cum in oorpore dissentitur, apparet tiona! or corroborative evidence to the same
nuUam esse aoceptionem. When there is point. That which go es to prove wlmt bas
a di sagreement in the substance, it appears already been established by otller e\'idence.
that there is no accept ance. 12 Allen, 44. 20 Conn. a05; 28 Me. 376; 24 Pick. 246.
All evidence material to the issue, alter aoy such
Cum in testamento ambigue aut eU­ evidence h� been given, is in a certain sense cu'
am perpera.m scriptum est benigne in­ mulativei that is, is added to what bas been give�
terpretari et secundum id quod credi­ before , It tends to sustain the issue. But cumu·
lative evidence, in legal phrase, means evidence
bile est cogitatum credendum est. Dig.
from the same or a new witness, simply repeating,
34, 5, 24. 'Where an ambiguous, or even an
in substance and affect, or adding to, what has beeD
erroneous, expression occnrs in a will, it before testified to. 43 Barb. 212,
should be construed liberally, and in accord ­ Evidence is not cumulative merely becuuse U

ance with the testator' s probable meaning. tends to establish the same ultima,re orprinCijJaUli
cont?'011ertcd fact, Cumulative evidence is addi·
llroom, Max. 568.
tional evidence of the same kind to t.be same point.

Cum legitimre nuptire factre sunt, pa­ 48 Iowa, 117.

trem liberi sequuntur. Children born CUMULATIVE LEGACIES. These

u nder a legitimate marriage follow tlle con­ ure It gncies so called to distinguish tbem frail)
'

dition of tbtl father. legaCies which are merely 1'epeated. In

the constl'lIction o[ testamentary instru ments,
CUM ONERE. With the burden ; sub·
the q uestion often arises whe ther, where a
ject to an i nc umbranc e or charge. 'What is
testator has twice bequeathed a legacy to tbe
taken Cll,m onere is taken subject to an exist·
same ]Jel'son, the It:gatee is entitled to both
ng burden or charge.
•
•

or only to one of them i in other words.

Cum par delictUm est duorum, sem­ whether the second legacy must be considered
per oneratur petitor at melior habatur as a mere repeti tioll oithe first, 0(' as cumu1a.
possessoris ca.usa. Dig, fiO, 17, 154. When ti ve, i. e., additional. In d eter mining this
boLh parties are in fault the pla.intiff must qu estion. the intention of the testator, if it
always fail, and the calise of the persoll in appears on the face of lobe instr um ent, pre-­
possession be preferred. vails. Wharton.

CUM PERA ET LOCULO. With CUMULATIVE REMEDY. A remedy

Butchel and purse. A phrase in old Scotch created uy statute in addition to on� which
law. still remains in force.

CUM PERTINENTIIS. With the ap­ CUMULATIVE SENTENCES. Sepa .

pu rtenances , Bract. fol. 73b. rate sentences ( eacb additional to the others)
imposeu upon a defendant who bas been con·
CUM PRIVILEGIO. T he expression of videu upon an indictment co ntaining severnl
the monopoly of Oxford, Cambridge amI tbe , counts. eacll of suc b counts cbarging a dis·
ruyal printers to pu bl ish the Bible. tinct offense.

Cgm quod ago non valet ut ago, CUMULATIVE VOTING. A system

valeat quantum valere potest. 4 Kent, of voti ng . by which the elector, baving a

Comm. 4.93. When llJat which I de is of no )lumuer of yoles equal to tile n umber of am·
 CUNADES 309 CURFEW

eers to bo chosen, Is allowed to concentrate CURATOR. In the civil law. A per­

the whole numbpr of his votes upon one per­
IOD, or to distribute them as be may see fit.
For example. if ten directors of a corpora­
tion are to be elected. then, under this sys­
son who is apPOinted to t!lke care of any­
thing for another. A guardian. One ap­
pointed to take care of the estate of a minor
above certain age, a lunatic. a spendthrift,
a

tem, the voter may cast ten votes for one per­ or other person not regarded by the law as
son, or five votes for each of two persons, etc. competent to administer it for himself. The
It Is intended to secure representation of a title was also applied to variety of public
a

minority. officers i n Roman administrative law.

CUNADES. In Spanish law. Affinity; In Scotch law. The term means a guard­

alliance; relation by marriage. Las l"'artidas, ian .

pt. 4, tit. 6, I. 5. In Louisiana. .A person appOinted to
take care of the estate of an absentee. Civil
A coiner. Du Cange.
CUNEATOR.
Code La. srt. SO.
OuneaTe. to coin. Cuneus, the die with
In Missouri. The term "curator" has D
which to coin. Cuneata. coined. Du Cange ; been adopted from the civil law, and it is
Spelman. applied to the gllardian of the estate of the
CUNTEY-CUNTEY. In old English ward as distinguished from the guardian of
law. A kind of trial, as appears from Bract. his person. 49 Mo. 117.
lib. 4. tract S, ca. 18, and tract 4. ca. 2, E
CURATOR AD HOC. In the civil law.
wbere it Beems to mean, one by the ordinary A guardian for this purpose; a special guard­
jury.
ian.
CUR. common abbreviation of cltrta.
A
CURATOR AD LITEM. Guardian for
aURA. Lat. Care : charge; oversight ; the suit. In English law, the corresponding F
guardianship. phrase is "guardian ad litem. "
In the civil law. A species of guardian­ CURATOR BONIS. In the civil law.
ahip which commenced at the age of puber­ A guardian or trustee appointed to take care
ty, (when the guardianship called " tutela" ofprope1·ty in certai n cases; as for the ben- G
e pir d ) and continued to the completion of
x e efit of creditors. Dig. 42, 7 .
the twenty-fifth year. lost. 1. 23. pr.; Id.
,

In Scotch law. The term is applied to

1. 25, pr.; Hallifax, Civil Law, b. 1. c. 9. gnardians for minors, lunatics, etc.
CURAGULOS. One who takes care of CURATORES VIARUM. Surveyors H
II. thing. of the highways.
CURATE. In ecclesiastical law. Prop­ CURATORSHIP. The omce of a cura-
erly, an incumbent who h<ls the cure of souls, tor. Curatorship differs from tutorship,
but now generally restricted to signify the (q.v.,) In this; that the latter is insti t ted for
u

spiritual assistant of rector or vicar in his

a the protection of property in the first place.
cure. An officiati ng temporary min ister in and, secondly, of the person; while the former
the English church, w h o represents th proper
e is intended to protect. first, tite person. and
Incumbent; being regularly employed eitber secondly, the property. 1 Lec. El . Dr. Civ.
to serve in bis absence or as bis assistant, as Rom. 241. J
the case may be. 1 Bl. Comm. 393; 3 Steph. CURATRIX. A woman who has been
Comm. 88; B rande. apPOinted. to the office of curator; a female
CURATEUR. In French law. A per­ g ar a 4 G at 227.
u di n . r

A curate K
.

Bon charged with supervising the admin­
istnl.tion of the affairs of an emanCipated
minor, of giving him advice, a.nd a.gsisting
him in the important acts of such adminis­
tration. Duverger.
CuratuB non habet titulum.
has no title, [to tithes. ] 3 Bllist. 310.
CURE BY VERDICT. See AIDER BY
VERDIOT.

C U R E OF SOULS. In ecclesiastical
l
CURATIO. In tllecivi1 law. The pow­
er or duty of managing the property of him law. The ecclesiastical or spiritual charge
who, either on acconnt of infancy or some of a parish. including the usual and regular
defect of mind or body, cannot manage his duties of a minister in chaJ'ge.
own affairs. The duty of a cnrator or guard CURFEW. An institution supposed to M
Jan. Calvin.
�

have been introduced into England by order

 CURIA 310 CURIOSA ET CAPl'IOSA, ETC,

of William the Conqueror. which consisted CURIA C O M I T A T U S. The county

to the ringing of a bell or bells at eight court, (q. •. )
o'clock at n ight, at which signal the people
CURIA CURSUS AQUlE. A court
were req uired to extinguish all lights in their
held by the lord of the manor of Gravesend
dwellings, and to put out or rake up their
for the better management of barges and
fires. and retire to rest. and all companies to
boats plying on the river Thames between
disperse. The word is probably deri ved from
Gravesend aud Windsor. and also at Graves­
�he French cou'we feu, to cover t.he fire.
end bridge. etc. 2 Geo. II. c. 26.
CURIA. In old European law. A CURIA DOMINI. In old English law.
court. The palace, hoU! �ehold, or retinue of The lord's court, house. or hall. where all
a sovereign. A j udicial tribunal or court the tenauts met at tbe time of keeping court.
held in the sovereign '8 palace. A court of Cowell.
justice. The civil power. as distinguished
CURIA LEGITIME AFFIRMATA.
from the ecclesiastical. A manor; a noble�
A phrase used in old Scotch records to show
man's house; the hall of a manor. A piece
that the court was opened in due and lawful
of ground attached to a house; a yard o r
manner.
court-yard . Spelman, A lord's court held
in his manor. The tenants who did suit and CURIA MAGNA. In old English law.
service at the lord's court. A manse. Cowell. The great court; one of the ancient Dames of
In Roman law. A division of the Ro­ parliament.
man people, said to have been made by
CURIA MAJORIS. In old English la....
ROUlulus. They were divided into three
The mayor's court. CaIth . 144.
tribes, and each tribe into ten curire. making
thirty cu1'ia in all. Spelman_ CURIA MILITUM. A court so called,
The place or building in which each curia anciently held at Caris brook Castle, in the
assembled to offer sacred rites. Isle of Wight. Cowell.
The place of meeting of the Roman senate;
CURIA PALATII. The palace court.
the senate house.
lt was aholished by 12 & 13 Viet. c. 101.
The senate house of a province; the place
where lhe decw·tones assembled. Cod. 10, Curia. parliament! suis propriis legi a
Sl, 2. See DECURIO. bus 8ubsistit. 4 lnst. 50. The court of
parliament is governed by its own taws.
CURIA ADMIRALITATIS. The court
of admiralty. CURIA PEDIS PULVERIZATI. In
old Englisb law. The court of piedpoudr'
CURIA ADVISARI VULT. L. Lat. or piepoud81's, (g. �.) 3 Bl. Comill. 32.
Tbe court will advise; the court will con­
sider. A phrase frequently found in the rea CURIA PENTICIARUM. A court held

ports, signifying the resolution of the court by the sheriff of Chester, i n a place there
to suspend judgment in a calise, after the called the "Pend ice" or ,. Pentice,." proba.
argument, until they have deliberated upon bly it was 80 callell from being originally
the question, as wbere there is a new or dif. held under a peot-hotls�. or open shed cov­
ficult paint involved. It is commonly ab­ ered with boards . Blount.
breviated to cur. adv. 'Dult, or c. a. c. CURIA PERSONlE. In old record!.
A p arsonageahouse, or manse. Cowell.
CURIA BARONIS, or BARONUM.
In old English law. A court-baron. Fleta, CURIA REGIS. The king's court. A
lib. 2, c. 53. term applied to the aula regis, the bancw,
or communis bancus, and the ite1' or eyre, as
Curia cancel1arim officina 2
justitioo.
being court' of the king, but especially to
lnst. 552. The court of chancery is the worka
the aula 1'egis, (which title 8e6o)
shop of justice.
CURllE CHRISTIANITATIS. Courlo
CURIA CHRISTIANITATIS. The
of Christianity ; ecclesiastical courts.
ecclesiasticaJ court.
CURIALITY. In Scotch law. Curtesy.
CURIA CLAUDENDA. The name of
Alsothe privileges, prel'ogati ves, or, perhaps,
a writ to compel another to make a fence or
retinue, of a court.
wall, which he was bound to mal{e, IJtltween
his land and the plaintiff's. neg. Orig. 155. CUriosa et captiosa interpretatio in
Now obsolete. lege re pr obat ur . A curious [overnice or
 CURNOCK 811 CURTIS

subUe] and captious interpretation is repro­ St. 5 & 6 Will . IV. c. 82. Spence, Eg. Ju:.
bated in law. 1 B u i st. 6. 238; 4 Inst. 82.

CURNOCK. In old English law. A CURSO. III old records. A ridge. CUT­
measure containing fOUf bushels or half a sones te-rra, ridgt's of land. Cowell.
quarter of coru. Cowell; Blount.
CURSOR. An inferior officer of the pa..
CURRENCY. Coined money and such ' pal court.
bank-notes or other paper money as are au­
Cursus curim est lex curim. 8 B ui st.
thorized by la w and do in fact circulate from
53. The practice of the court is the law at
hand to band as the medium of exchange.
the court.
CURRENT. Runningj now in transit;
CURTESY. The estate to wbicb hy com·
whatever is at present i n course of passage ;
man law 8 man is entitled. on the death of
IS lithe current mouth . " When applied to
his wife, in the lands or tenements of which
money, it means " lawful i" current money is
she was seised in possess Ion ill fee-simple or D
equivalent to lawful money. 1 Dal!. 124.
in tail during tbeir coverture, provided they
CURRENT FUNDS. This phrase mean. have had lawful issue born alive wbieh might
gold or silver. or something eq uivalent there­ have been capable of inberiting tbe estate.
to, and convertible at pleasure into coined It is a freehold estate for tbe term of his nat­
money. 4 Ala. 90. Ilral life. 1 Washh. Real Prop. 127; 2 B1. E
Comm. 126; Co. Litt. 80a.
CURRENT MONEY. The currency of
the country; whatever is intended to and CURTEYN. The name of King Edward
dOl!8 actually circulate as currency; every spe­ the Confessor's sword. It is said that the
cies of coin or currency. 5 Lea, 96. In ibis point of it was broken, as an emblem of F
pbrase the adjective "current" IS not synon­ mercy. (Mat. Par. in Hen. Ill.) Wharton.
ymous with "convertible. " It is employ�d CURTILAGE. The inclosed space of
to describe money which passes from hand ground and buildings immediately surround-
to hand, from person to person, and circu­ ing a dwelling-house.
lates through the community, and is gener­ In its most comprehensive and proper legal sig­ G
ally received. Money is current which is re­ nification, it includes aU that space of ground and
ceived as money in the common business buildings thereon which is usually inclosed with-

transactions. and is the common medium i n in the general fence immediately surrounding a
principal messuage and outbuildings, and yard
barter and trade. 41 Ala. 321.
closely adjoining to a (lwelling-house, but it may H
be large enough tor cattle to be levant snd couch-
CURRICULUM. Theyear; of tbe course
ant therein. 1 Chit. Gen. Pr, 175.
of a year; the set o[ studies for a particular
The cUl'tUaga of 0. dwelling-house is a spnce,
period, apPOinted by a u n iversity. necessary and convenient and habitually usod for
the family purposes, and the carrying on of domes­
CURRIT QUATUOR PEDIBUS. L. tic employments. It includes tho garden, if tbere
Lat. It rUlls upon four feet; or, as som&­ be one, and it need not be sepal"atod from otller
times expressed, it runs upon all fours. A lands by tence, 31 Me. 522; 10 Cush 480; 29 N, J.
.

Law, 474.
phrase lIsed i n arguments to signify the en­
The curtilage is the court-yard in the front or
tire and exact application of a case q noted.
J
rear of a house, or at its side, or any piece or
l< It does not follow that they ru n quatuoT ground lying ncar, inclosed and used with, tbe
pedibus." 1 W. B1. 145. house, and necessary for the couvenient occupa­
tion of the house. 10 Hun, 154.
CUrl'it te m pus contra. desides et sui In Michigan the meauing of curtilage ha.s been

juris contemptores. Time runs against extended to include more than an inclosure near

K
the house. 2 Mich. 250.
the slothful and those who neglect their
rigbts. Bract. fols . 1006, 10l. CURTILES TERRE. In old English
law. Court lands. Cowell. See COUUT
CURSITOR BARON. An officer of tbe
LANDS.
court of exchequer, wbo is appointed by pat­
ent under the great seal to be one of the bar­ CURTILLIUM. A curtilage; the area L
ons of the eXChequer. The office was abol­ or space within the inclosure of a dwelling­
ished by St. 19 & 20 Vict. c. 86. house. Spelman.

CURSITORS. Clerks in the chancery of­ CURTIS. A garden; 8 space about 8

fice, whose duties consisted in drawing up
those writ.s which were of course, de cm'su,
bouse; 8 house. or manor; a court. or palace;
a court of justice; a nobleman's residence.
M
whence tlleil' name, They were aholisiled by Spelman.
 CUSSORE 312 CUSTOM OF MERCHANTS

CUSS ORE. A term llsed in Hindostan de I. Ley; Cowell ; Bract. fol. 2. It It bo

!or the discount or allowauce made in the universal, it is common lawj if particular to
exchange of rupees, in cOlltradistinction to this or that place, it is then properly cu� tom.
batta, which is the Bum deducted. Ene. 8 SaliL 112.
Lond. Customs result from 8 long series ot BOa
tions constantly r,epeat.ed, which have, by
CUSTA, CUSTAGIUM, CUSTANTIA.
euch repetition, and by uninterrupted acqui4
Costs.
escence, acquired the force of a tacit and
CUSTODE ADMITTENDO, CUS­ common consent. Civil Code La. art. 8.
TODE AMOVENDO. Writs for the ad­ It differs from prescription, which is personal
mitting and removing of guardians. and is annexed to the person of the owner of ..
particular estate; while the other is Jocal, and re­
CUSTODES. In Roman la.w. Guard­ lates to a. plI.rticular district. An instance ot the
latter occurs where the question is upon the man�
Ians; observers ; inspectors. Persons who
ner of conducting a particular branch of trace at
poled as inspectors of elections, and who a certain place ; of the former, where eo certain
r:ounted the votes given. Tayl. Civil Law, person and his ancestors, or those whose estates
J93. he has, have been entitled to a. certain advantage
or privilege, as to have common of pasture in a
In old English law. Keepers; guardi­
certain close, or the like. The distinction has been
ans; ilonservators. thus expressed : "While prescription is the mak�
Custodes pacis, guardians of the peace. 1 Ing of a right, custom is the making of 8 law. "
�I. Com m. 349. Lawson, Usages & Cust. 15, note 2.

Customs are either general or particula1'.

CUSTODES LIBERTATIS ANGLIlE
General customs are such as prevail through­
AUC T O RI T A T E PARLIAMENTI_
out a country and become the law of the
Tbe style in which writs and all judicial pro­
COllntry; Hnd their existence is to be deter­
cesses were made out during the great revo­
mined uy the court. Particular customs are
lution, from the execution of King Charles
such as prevail in some county, city, town,
I. till Oli ver Cromwell was declared protl:'ctor.
parish, or place. 23 Me. 90.
CUSTODIA LEGIS. In the custody of CUSTOM-HOUSE. In administrative
the law. law. The house or office where commodities

CUSTODIAM LEASE. In English law. are entered for importation or exportation;

A grant from the crown under the exchequer where the duties, bounties. or drawbacks

seal, by which the custody of lands, etc" seised payable or receivable upon such importation

in the king's hands, is demised or committed or exportation ure paid or received; and

to some person as custodee or lessee thereof. where ships are cleared out, etc.

Wharton. CUSTOM-HOUSE B R O K E R. One

whose occupation it is, as the agent of otb�
CUSTODY. The cnre and keeping of
ers, to arrange entries and other cust.om·hollse
anything; as wht'n an arlicle is said to be
papers. or transact business. at any port of
"in the cllstody of the comt . " Also the de­
entr.\!, relating to the importation or expor­
tainer of a man's person by virtue of lawful
process 01' authoritYi actual imprisonment.
tation of goods, wares, or merchandise. 14
St. at Large. 117.
59 Pa. St. 320.
A person authorized by t.he commissioners
In a sentence that the dtlfendant "be i n
of customs to act for parties, at their option,
custody until," etc., this t.erm imports actual
in the entry or clearance of ships and the
imprisonment. 'I'hednty of the sheriff under
transaction of general busi ness. Wharton.
snch a sentence is not perfOl"med by allowing
Lhc defenuant to go at lnrge under his gen­ Custom is the best interpreter of the
eral watch :md control, but so doing reuders law. 4 lust. 75; 2 Eden, 74; 5 Cranch. 32;
him liable for an eseape. 59 Pa. St. 320. 1 Sergo & R. 106.

CUSTOM. A usage or practice of the CUSTOM OF MERCHANTS. A .yo­

people. which, by common adoption and ac­ tem of customs or rules relative to bills of
quiescence. and by long and unvarying habit, eXChange. partnership. and other mercantile
bas become compulsory, and has acquired matters. and whicb, under lhe name of the
the force of a law with respect to the place "lex mercatoria," or " I aw�mercllant," has
or 8ubject�matter to which it relates. been ingrafted into. and made a part of. t.he
A law not wriUen, establ1slled oy long us­ common law, 1 ill. Carom. 75; 1 Stepb.
age. and the consent of our ancestors. Termes Comm. 54; 2 Burrows, 1226, 1228.
 CUSTOM OF YORK 313 CUSTOS 'fEhlPOl{ALlUM

CUSTOM OF YORK. .A. custOID of In­ CUSTOMS OF LONDON. Particular

.estacy in the province of York similar to customs within the city of Lonuon, with re­
tbat of Lonuon. Abolished by 19 & 20 Vict. gard to trade, upprentices, widows, orphans,
c. 94. and a variety of other mattera. 1 B l. Comm.
75; 1 Steph. Comm. 54, 55.
CUSTOMARY COURT-BARON. A
court-baron at whicb copyholclers might CUSTOS. A cllstodian, guard, keeper,
transfer their estates. and where other mat­ or warden; a magistrate.
ters relating to their tenures were transacted.
CUSTOS BREVIUM. The keeper of
8 BI. Comm. 38. the writs.
A principal clerk belonging to
C U S T O M A R Y ESTATES. Estates tbe courts of queen's bench and common
which owe their origin and existence to lhe pleas, whose omce it was to keep the writs
custom of the manor in whicb they afe beld. returnable into those courts. The office was
2 Bl. Comm . 149. abolished by 1 Wm. IV. c. 5.
CUSTOMARY FREEHOLD. In En­ CUSTOS FERARUM. A gamekeeper. D
glish law. A variety of copyhold estate, the Townsh. PI. 265.
evidences of the title to which are to be
CUSTOS HORREI REGII. Proteclnr
found upon the court rolls; tbe entries de-­
of the royal granary.
2 Bl. Cotnm. 394.
claring the bolding to be according to the
custom of the manor, but it is not said to be CUSTOS MARIS. In old English law. E
at the will of the lord. The incidents are Warden of the sea. The title of a high naval
similar to those of common or pure copyhold. officer among the Saxons and after the Con.
1 Steph. Comm. 212, 213, and note. quest, corresponding with admiral.

CUSTOMARY SERVICES. Such as

CUSTOS MORUM. The gu ardian of F
morals. The courtof queen's bench has been
are due by ancient custom or prescription
80 styled. 4 Steph. Corum. 377.
only.

CUSTOMARY TENANTS. Tenants

CUSTOS PLACITORUM CORONE_
holding by custom of tbe manor.
In old English law.
the crown. Bract.
Keeper of the pleas of
fol. 14b. Cowell sup­
G
Custome serra. pri se striate. Custom poses this office to have been the same with
shall ue taken [is In be construed] strictly. the custos rot'UloTlI,m. B ut it seemB rather
J.ok. Cen t. sa. to have been another name for H coroner. "

CUSTOMS. This term Is usually applied

Crabb, Eug. Law, 150; Bract. foJ. 136b. H
to those taxes which are payable upon goods CUSTOS ROTULORUM. Keeper of
and merehslld ise imported or exported . Story, the rolls. An onicer in England who has the
Const. § 949; Bac. Abr. "Smuggling." custody of the rolls or records of the sessions
'£he duties. toll, tribute. or tariff payable of the peace, and also of the commission of
upon merchandise exported or imported. the peace itself. He is .alway,! a justice at
Tbeseare called "customs" from having been the quorum in tile county where appOinted
paid from time immemorial. Expresst'd i n and is the principal civil officer tn the coun­
law Latin by custuma, a s distinguished from ty. 1 Bl. Comm. 349; 4 Bl. Comm. 272.
consuetudines, which are usages merely.
CUSTOS SPIRITUALIUM. In En­
J
I BI. Comm. 814.
glish ecclesiastic.-'li law. Keeper of the spirit­
CUSTOMS AND SERVICES annexe<l ualities. He who exercises the spiritual ju­
to tbe temlre of lands are those which the risdiction of a diocese d ur ing the vacancy of
tenants thereof owe unto their lords. and the see. Cowell. K
which, if withheld, the lord might anciently Custos statum hmredis in custodia ex­
have resortrd to " a writ of customs and serv­ istentis melioremJ non deteriol'em, fa­
ices" to compel them. Cowell. But at the cere p otes t. 7 Coke, 7. A guardian can
present day he would merely proceed to eject make the estate of an existing beir UDder hil
the tenant as upon a forfeiture. or claim guardianship better, not worse.
L
damclges for the subtraction. Brown.
CUSTOS TEMPORALIUM. In En­
CUSTOMS CONSOLIDATION ACT. glish ecclesiastical law. The persall to whom
The statute 16 & 17 Vict. c. 107, which has a vacant see 01' abbey was given by the king,
been frequently amended. See 2 titeph. as suprewe lord. His ollice was, as steward M
Comm. 563. of the goods and profits, to give an acCount
 CUSTOS TERRiE 314 CZAROWITZ

to the escheator, who did the like to the ex­ CYNE-BOT, or CYNE·GILD. The
chequer. portion belonging to the nation of the mulct
for slaying the king, the other portion or wen
CUSTOS TERRiE. In old English
being due to his family. Blount.
law. Guardiau, warden, or keeper of the
land. CYNEBOTE. A mulct anciently paid by
one who killed another,. to the kindl'ed of the
CUSTUMA. ANTIQUA SIVE MAG­
deceased. Svelman.
NA. (Lnl Ancient or great duties.) The
duties on wool. sheep-skin, or wool-pelts and CYPHONISM. That kind of punishment
leather exported were so c<tlled, and were used by the ancients, and still used by the
payable by every merchant, stranger as well Chinese, called by Staunton the " wooden
as native, witb the exception that merchant collar, " by whieh the neck of the malefactor
strangers paid one-balf 3S m ucb again as is bent or weighed down. Ene. Lond.
natives. 1 Bl. Comm. 314.
CY-PRES. As near as [possible.] The
C U S T U M A P A R V A ET NOVA.
rule of cy·prea Is a rnle for the construction
(Smflll and new cl1stoms . ) Imposts of 3d. in
of instruments in equity. by which the in ten·
the pound. due formerly in England from
tion of the party is carried out as near al
merchant strangers only. fqr all commodi­
may be, when it would be impossible or illegal
ties, as well imported as exported. This was
to give it literal effect. Thus, where a tes­
usually called the II aliens d uty. II and was first
tator attempts to create a perpetuity, the
granted in 31 Edw. I. 1 Bl. Comm. 314; 4
court will endeavor, instead of making the
Inst. 29.
devise entirely void, to expJain the will in
CUT. A wound made with a sbarp instru­ Buch a way as to carry out the testator's gen­
ment. eral intention as far as the rule against per­
petuities will allow. So in the case of be­
CUT CHERRY. In Hindu law. Cor­
quests to charitable useSj and particularly
rupted from Kachari. A court; a hall; an
where the language used is so vague or un­
alliee; the place where any public business is
certain that the testator's design must be
transacted.
sought by construction. See 6 Cruise. Dig.
CUTH, COUTH. Sax. Known. know­ 165; 1 Spence, Eq. Jur. 532; 3 liare, 12.
ing. Uncu.th, unknown. ea COUTBUT-
CYRCE. In Saxon law. A church.
LAUGH. UNOUTH.
CUTHRED. A knowing or skillful coun· CYRICBRYCE. In Saxon law. A
sellor. breaking into a church. Blount.

CUTPURSE. One who steals by the CYRICSCEAT. (From eyrie, church.

melhod of cutting purses ; a common practice and sceat, a tribute.) In Saxon law. A
when men wore their pu rsea at their girdles, tribute or payment due to the church.
as was once the custom. Whurton. Cowe1l.

CU'l'TER OF THE TALLIES. In CYROGRAPHARIUS. In old English

old English law. An officer in the exchequer. law. A eyrograpber; an officer of tile vane­
to whom it belonged to provide wood for the us, or court of common bench. Fleta, lib. 2,
tallies, and to cut the sum paid upon them, etc. c. 36.

CUTWAL, KATWAL. The chief officer CYRO GRAPHUM. A chirograph,

of police o r superintendent of markets i n a (w hieh see.)
large town or city in India. CZAR. The title of the emperor of Rus­
CWT. A hundred-weigbtj one hundred sia, first assumed by Basil. the son of llasil­
and twelve pounds. 11 B. Mon. 64. ides, under whom the Russian power began
to appear, about 1740.
CY. In law French. Here. (Cy-apres,
hereafterj cy-devant, heretofore.) Alao as. so. CZARINA. The title of the empress ot
Russia.
CYCLE. A measure of timej a space in
which the same revolutions begin again; a CZAROWITZ. The tItle of tbe eldeol
periodical space of time. Enc. Lond. 80n of the czar and czarina.