C2:


   CONFRONTATION, crim. law, practice. The act by which a witness
is brought in the presence of the accused, so that the latter may
object to  him, if  he can,  and the former may know and identify
the accused,  and maintain  the truth in his presence. No man can
be a  witness unless  confronted  with  the  accused,  except  by
consent.

   CONFUSION. The  concurrence  of  two  qualities  in  the  same
subject, which mutually destroy each other. Potli. Ob. P. 3, c. 5
3 Bl. Com. 405;  Story Bailm. §40.

   CONFUSION OF GOODS. This takes place where the goods of two or
more persons  become  mixed  together  so  that  they  cannot  be
separated.  There   is  a   difference  between   confusion   and
commixtion;   in the former it is impossible, while in the latter
it is possible, to make a separation. Bowy. Comm. 88.

   2. When the confusion takes place by the mutual consent of the
owners, they  have an  interest in  the mixture  in proportion to
their respective shares. 2 Bl. Com. 405;  6 Hill, N. Y. Rep. 425.
But if  one willfully  mixes his money, corn or hay, with that of
another man,  without his  approbattion or knowledge, the law, to
guard against  fraud,  gives  the  entire  property  without  any
account,  to   him  whose   original  dominion  is  invaded  land
endeavored to  be rendered  uncertain, without  his cosent.  Ib.;
and see 2 Johns. Ch. It. 62 2 Kent's Comm. 297.

  3. There may be a case neither of consent nor of wilfulness, in
the confusion  of goods;   as  where a  bailee by  negligence  or
unskilfuluess, or  inadvertence, mixes  up his  own goods  of the
same sort  with those  bailed;   and there  may  be  a  confusion
arising from  accident and  unavoidable  casualty.  Now,  in  the
latter case  of accidental  intermixture, the rule, following the
civil law,  which deemed the property to be held in common, might
be adopted;   and it would make no difference whether the mixture
produced a thing of the same sort or not;  as, if the wine of two
persons were  mixed by  accident. See Dane's Abr. ch. 76, art. 5,
§19.

   4. But  in cases  of mixture  by unskilfulness, negligence, or
inadvertence, the  true principle  seems to  be, that  if  a  man
having undertaken  to keep the property of another distinct from,
mixes it with his own, the whole must, both at law and in equity,
be taken  to be  the property of the other, until the former puts
the  subject   under  such   circumstances,  that   it   may   be
distinguished as  satisfactorily as it might have been before the
unauthorized mixture  on his part. 15 Ves. 432, 436, 439, 440;  2
John. Ch.  R. 62;  Story on Bailm. c. l, §40. And see 7 Mass. 11.
123;  Dane's Abr. c. 76, art. 3, §15;  Com. Dig. Pleader, 3 M 28;
Bac. Ab. Trespass, E 2;  2 Campb. 576;  2 Roll. 566, 1, 15 2 Bul.


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323. 2 Cro. 366 , 2 Roll. 393;  5 East, 7;  21 Pick. R. 298.

   CONFUSION OF  RIGHTS, contracts.  When the qualities of debtor
and creditor  are united  in the  same  person,  there  arises  a
confusion of  rights, which  extinguishes the  two credits;   for
instance, when  a woman  obliges marries the obligor, the debt is
extinguished. 1 Salk. 306;  Cro. Car. 551;  1 Ld. Raym. 515;  Ca.
Ch. 21, 117. There is, however, an excepted case in relation to a
bond given  by the  husband to the wife;  when it is given to the
intended wife  for a  provision to take effect after his death. 1
Ld. Raym.  515;   5 T. R. 381;  Hut. 17 Hob. 216;  Cro. Car. 376;
1 Salk.  326 Palm. 99;  Carth. 512;  Com. Dig. Baron & Feme, D. A
further exception is the case of a divorce. If one be bound in an
obligation to a feme sole and then marry her, and afterwards they
are divorced,  she may  sue her former husband on the obligation,
notwithstanding, her  action was in suspense during the marriage.
26 H. VIII. 1.

   2. Where  a person  possessed  of  an  estate,  becomes  in  a
different right entitled to a charge upon the estate;  the charge
is in  general merged in the estate, and does not revive in favor
of the  personal representative  against the  heir;    there  are
particular exceptions,  as where the person in whom the interests
unite is  a minor,  and can  therefore dispose of the personalty,
but not  of the  estate;  but in the case of a lunatic the merger
and confusion was ruled to have taken place. 2 Ves. jun. 261. See
Louis. Code, art. 801 to 808;  2 Ld. R. 527;  3 L. R. 552 4 L. R.
399, 488. Burge on Sur. Book 2, c. 11, p. 253.

   CONGE'. A  French word  which  signifies  permission,  and  is
understood in  that sense in law. Cunn. Diet. h. t. In the French
maritime law,  it is  a species  of  passport  or  permission  to
navigate, delivered by public authority. It is also in the nature
of a  clearance. (q.  v.) Bouch.  Inst. n.  812;   Repert. de  la
Jurisp. du Notoriat, by Rolland de Villargues. Conge'.

   CONGEABLE, Eng.  law. This  word is  nearly  obsolete.  It  is
derived from  the French conge', permission, leave;  it signifies
that a thing is lawful or lawfully done, or done with permission;
as entry congeable, and the like. Litt. s. 279.

   CONGREGATION. A  society of a number of persons who compose an
ecclesiastical body.  In the ecclesiastical law this term is used
to  designate  certain  bureaux  at  Rome,  where  ecclesiastical
matters are attended to. In the United States, by congregation is
meant the  members of  a particular church, who meet in one place
worsbip. See 2 Russ. 120.

   CONGRESS. This word has several significations. 1. An assembly
of the  deputies convened from different governments, to treat of
peace or of other political affairs, is called a congress.

   2. -  2. Congress  is the  name of the legislative body of the
United  States,   composed   of   the   senate   and   house   of


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representatives. Const. U. S. art. 1, s. 1.

   3. Congress  is composed  of two  independent houses.  1.  The
senate and, 2. The house of representatives.

   4.- 1. The senate is composed of two senators from each state,
chosen by the legislature thereof for six years, and each senator
has one  vote. They  represent the states rather than the people,
as each state has its equal voice and equal weight in the senate,
witliout any  regard to  the disparity  of population,  wealth or
dimensions. The senate have been, from the first formation of the
government, divided  into three classes;  and the rotation of the
classes was  originally determined  by lots, and the seats of one
class are vacated at the end of the second year, and one-third of
the senate is chosen every second year. Const. U. S. art 1, s. 3.
This provision  was borrowed  from a  similar one  in some of the
state constitutions, of which Virginia gave the first example.

   5. The  qualifications which  the constitution  requires of  a
senator, are,  that he  should be  thirty years of age, have been
nine years  a citizen of the United States, and, when elected, be
an inhabitant of that state for which he shall be chosen. Art. 1,
s. 3.
 6.-2. The house of representatives is composed of members chosen
every second  year by  the people  of the several states, who are
qualified electors of the most numerous branch of the legislature
of the state to which they belong.

   7. No person can be a representative until he has attained the
age of  twenty-five years,  and has been seven years a citizen of
the United  States, and  is, at  the time  of  his  election,  an
inhabitant of  the state in which he is chosen. Const. U. S. art.
1, §2.

   8. The  constitution requires  that  the  representatives  and
direct taxes shall be apportioned among the several states, which
may be  included within this Union, according to their respective
numbers, which  shall be determined by adding to the whole number
of free  persons, including  those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other
persons. Art. 1, s. 1.

  9. The number of representatives shall not exceed one for every
thirty  thousand,   but  each  state  shall  have  at  least  one
representative. Ib.

   10. Having  shown how  congress is constituted, it is proposed
here to  consider the  privileges and  powers of  the two houses,
both aggregately and separately.

   11. Each house is made the judge of the election, returns, and
qualifications of  its own  members. Art.  1, s. 5. As each house
acts in  these cases in a judicial character, its decisions, like
the decisions  of  any  other  court  of  justice,  ought  to  be


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regulated by  known principles  of law,  and strictly adhered to,
for the  sake of  uniformity and  certainty. A  majority of  each
house shall  constitute a  quorum to  do business  but a  smaller
number may  adjourn from  day to  day, and  may be  authorized to
compel the  attendance of  absent members,  in such  manner,  and
under such  penalties, as,  each  may  provide.  Each  house  may
determine the  rules of  its proceedings;  punish its members for
disorderly behaviour;   and,  with the concurrence of two-thirds,
expel a  member. Each  house is  bound to  keep a  journal of its
proceedings, and  from time  to time, publish the same, excepting
such parts  as may,  in their  judgment, require secrecy;  and to
enter the  yeas and  nays on the journal, on any question, at the
desire of one-fifth of the members present. Art. 1, s. 5.

   12. The  members of  both houses  are  in  all  cases,  except
treason, felony,  and breach of the peace, privileged from arrest
during their  attendance  at  the  session  of  their  respective
houses, and  in going to, and returning from the same. Art. 1, s.
6.

   13. These privileges of the two houses are obviously necessary
for their  preservation and  character;   And, what is still more
important to  the freedom  of  deliberation,  no  member  can  be
questioned in  any other place for any speech or debate in either
house. lb.

   14. There  is no express power given to either house to punish
for contempts,  except when  committed by  their own members, but
they have  such an  implied power.  6 Wheat.  R. 204. This power,
however, extends  no further  than imprisonment,  and  that  will
continue  no   farther  than  the  duration  of  the  power  that
imprisons. The  imprisonment will  therefore terminate  with  the
adjournment or dissolution of congress.

   15. The  house of  representatives has  the exclusive right of
originating bills  for raising  revenue, and  this  is  the  only
privilege that  house enjoys  in its legislative character, which
is not  shared equally  with the other;  and even those bills are
amendable by the senate in its discretion. Art. 1, s. 7.

   16. The  two houses  are an entire and perfect check upon each
other, in  all business  appertaining to  legislatiou and  one of
them cannot  even adjourn,  during the  session of  congress, for
more than  three days,  without the  consent of the either nor to
any other  place than  that in  which the  two  houses  shall  be
sitting. Art. 1, s. 5.

   17. The powers of congress extend generally to all subjects of
a national  nature. Congress  are authorized  to provide  for the
common defence  and general welfare;  and for that purpose, among
other express  grants, they  have the  power to  lay and  collect
taxes, duties,  imposts and  excises;   to borrow  money  on  the
credit of  the United  States;  to regulate commerce with foreign
nations, and  among the  several states, and with the Indians;  1


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McLean R.  257;  to establish all uniform rule of naturalization,
and uniform  laws of bankruptcy throughout the United States;  to
establish post  offices and  post roads;  to promote the progress
of science and the useful arts, by securing for a limited time to
authors and  inventors, the  exclusive right  to their respective
writings and  discoveries;   to constitute  tribunals inferior to
the supreme  court;   to define  and punish  piracies on the high
seas, and  offences against the laws of nations;  to declare war;
to raise and support armies;  to provide and maintain a navy;  to
provide for  the calling  forth of  the  militia;    to  exercise
exclusive legislation over the District of Columbia;  and to give
full efficacy to the powers contained in the constitution.

  18. The rules of proceeding in each house are substantially the
same;   the house  of representatives  choose their  own speaker;
the vice-president of the United States is, ex officio, president
of the  senate, and  gives the  casting vote when the members are
equally divided.  The proceedings  and  discussions  in  the  two
houses are generally in public.

   19. The  ordinary mode  of passing  laws is briefly this;  one
day's notice  of a  motion for leave to bring in a bill, in cases
of a  general nature,  is required;   every  bill must have three
readings before  it is  passed, and  these readings  must  be  on
different days;   and  no bill can be committed and amended until
it has  been twice  read. In the house of representatives, bills,
after being twice read, are committed to a committee of the whole
house, when  a chairman  is appointed  by the  speaker to preside
over the  committee, when the speaker leaves the chair, and takes
a part in the debate as an ordinary member.

  20. When a bill has passed one house, it is transmitted, to tho
other, and  goes through  a similar  form, though  in the  senate
there is  less formality,  and bills  are often  committed  to  a
select committee,  chosen by  ballot. If  a bill  be  altered  or
amended in  the house  to which  it is  transmitted, it  is  then
returned to  the house  in which  it orignated,  and if  the  two
houses cannot  agree, they  appoint a  committee to confer on the
subject See Conference.

   21. When a bill is engrossed, and has received the sanction of
both houses,  it is sent to the president for his approbation. If
he approves  of the  bill, he  signs it.  If he  does not,  it is
returned,  with   his  objections,  to  the  house  in  which  it
originated, and  that house  enters the  objections at  large  on
their journal,  and proceeds  to re-consider  it. If,  after such
re-consideration, two-thirds of the house agree to pass the bill,
it is  sent, together with the objections, to the other house, by
which it is likewise re-considered, and if approved by two-thirds
of that house, it becomes a law. But in all such cases, the votes
of both houses are determined by yeas and nays;  and the names of
the persons voting for and against the bill, are to be entered on
the journal of each house respectively.


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   22. If  any bill shall not be returned by the president within
ten days (Sundays excepted) after it shall have been presented to
him, the  same shall be a law, in like manner as if he had signed
it, unless  the  congress,  by  their  adjournment,  prevent  its
return;   in which  case it shall not be a law. Art. 1, s. 7. See
House of Representatives;  President;  Senate;  Veto;  Kent, Com.
Lecture xi.;  Rawle on the Const. ch. ix.

   CONGRESS, med. juris. This name was anciently given in France,
England, and other countries, to the-indecent intercourse between
married persons,  in the  presence of  witnesses appointed by the
courts, in  cases when  the husband  or wife  was charged  by the
other with impotence. Trebuchet, Jurisp. de Med. 101 Dictionnaire
des Sciences Medicales, art. Congres, by Marc.

   CONJECTURE.  Conjectures  are  ideas  or  notions  founded  on
probabilities without any demonstration of their truth. Mascardus
has defined conjecture: "rationable vestigium latentis veritatis,
unde nascitur  opinio sapientis;"  or a slight degree of credence
arising from  evidence too  weak or too remote to produce belief.
De Prob.  vol. i. quoest. 14, n. 14. See Dict. de Trevoux, h. v.;
Denisart, h. v.

   CONJOINTS. Persons  married to each other. Story, Confl. of L.
§71;  Wolff. Dr. de la Nat. §858.

   CONJUGAL. Matrimonial;   belonging,  to marriage  as, conjugal
rights, or  the rights  which belong  to the  husband or  wife as
such.

   CONJUNCTIVE, contracts,  wills, instruments. A term in grammar
used to designate particles which connect one word to another, or
one proposition to another proposition.

   2. There  are many  cases in law, where the conjunctive and is
used for the disjunctive or, and vice versa.

  3. An obligation is conjunctive when it contains several things
united by a conjunction to indicate that they are all equally the
object of  the matter or contract for example, if I promise for a
lawful consideration,  to deliver  to you  my copy of the Life of
Washington, my  Encyclopaedia, and  my copy of the History of the
United States,  I am then bound to deliver all of them and cannot
be discharged  by delivering  one only.  There are,  according to
Toullier, tom.  vi. n. 686, as many separate obligations Is there
are things to be delivered, and the obligor may discharge himself
pro tanto by delivering either of them, or in case of refusal the
tender will  be valid.  It is  presumed, however,  that only  one
action could  be maintained for the whole. But if the articles in
the agreement had not been enumerated;  I could not, according to
Toullier, deliver  one in  discharge of  my contract, without the
consent of  the creditor;   as  if, instead  of enumerating  the,
books above  mentioned, I  had bound  myself to  deliver  all  my
books, the  very books  in question.  Vide Disjunctive, Item, and


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the case, there cited;  and also, Bac. Ab. Conditious, P;  1 Bos.
& Pull.  242;   4 Bing.  N. C.  463 S.  C. 33 E. C. L. R. 413;  1
Bouv. Inst. n. 687-8.

  CONJURATION. A swearing together. It signifies a plot, bargain,
or compact  made by  a number  of persons  under oath, to do some
public harm. In times of ignorance, this word was used to signify
the personal  conference which some persons were supposed to have
had with  the devil,  or some evil spirit, to know any secret, or
effect any purpose.

   CONNECTICUT. The  name of  one of  the original  states of the
United States of America. It was not until the year 1665 that the
territory now  known as the state of Connecticut was united under
one government.  The charter was granted by Charles II. in April,
1662, but  as it  included the  whole colony of New Haven, it was
not till  1665 that  the latter  ceased its resistance, when both
the colony  of Connecticut and that of New Haven agreed, and then
they  were  indissolubly  united,  and  have  so  remained.  This
charter, with  the exception of a temporary suspension, continued
in force  till the  American revolution, and afterwards continued
as a  fundamental law  of the  state till the year 1818, when the
present constitution was adopted. 1 Story on the Const. §86-88.

   2. The  constitution was  adopted  on  the  fifteenth  day  of
September, 1818.  The powers  of the  government are divided into
three distinct  departments, and  each  of  them  confided  to  a
separate magistracy, to wit: those which are legislative, to one;
those which  are executive  to another;    and  those  which  are
judicial to a third. Art. 2.

   3. -  1st. The  legislative power  is vested  in two  distinct
houses or  branches, the one styled the senate, and the other the
house of representatives, and both together the general assembly.
1. The  senate consists of twelve members, chosen annually by the
electors. 2.  The house  of representatives  consists of electorr
residing in  towns from  which they  are elected.  The number  of
representatives is  to be  the same  as at  present practised and
allowed;   towns which  may be  hereafter incorporated  are to be
entitled to one representative only.

   4. -  2d. The  executive power  is vested  in a  governor  and
lieutenant-governor. 1.  The supreme executive power of the state
is vested in a governor, chosen by the electors of the state;  he
is to  hold his  office for  one year from the first Wednesday of
May, next  succeeding his  election, and  until his  successor be
duly qualified.  Art. 4,  s. 1.  The governor  possesses the veto
power, art.  4, s.  12. 2.  The  lieutenant-governor  is  elected
immediately after the election of governor, in the same manner as
is provided for the election of governor, who continues in office
the same  time, and  is to possess the same qualifications as the
governor. Art. 4, s. 3. The lieutenant-governor, by virtue of his
office, is  president of  the senate;   and in case of the death,
resignation, refusal  to serve,  or removal  from office  of  the


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governor, or  of his  impeachment or  absence from the state, the
lieutenant-governor  exercises   all  the  powers  and  authority
appertaining to  the office of governor, until another be chosen,
at the  next  periodical  election  for  governor,  and  be  duly
qualified;   or until the governor, impeached or absent, shall be
acquitted or return. Art. 4, s. 14.

   5. -  3d. The  judicial, power  of the  state is  vested in  a
supreme court  of errors,  a superior  court, and  such  inferior
courts as the general assembly may, from time to time, ordain and
establish;   the powers  of which  courts  shall  be  defined.  A
sufficient  number   of  justices   of  the   peace,  with   such
jurisdiction, civil  and criminal,  as the  general assembly  may
prescribe, are to be appointed in each county. Art. 5.

   CONNIVANCE. An  agreement or  consent, indirectly  given, that
something unlawful shall be done by another.

   2. The  connivance of  the husband  to his wife's prostitution
deprives him  of the  right  of  obtaining  a  divorce;    or  of
recovering damages  from the  seducer. 4  T. R.  657. It  may  be
satisfactorily proved by implication.

   3. Connivance  differs from condonation, (q. v.) though either
may have  the same  legal  consequences.  Connivance  necessarily
involves criminality  on the part of the individual who connives,
condonation may  take place  without implying the slightest blame
to the party who forgives the injury.

   4. Connivance  must be  the act of the mind before the offence
has been committed;  condonation is the result of a determination
to forgive  an injury  which was  not known  until after  it  was
inflicted. 3 Hagg. Eccl. R. 350.

   5. Connivance  differs, also,  from collusion  (q. Y.);    the
former is  generally collusion.  for a  particular purpose, while
the latter  may exist  without connivance.  3 Hagg, Eccl. R. 130.
Vide Shelf.  on Mar. & Div. 449;  3 Hagg. R. 82;  2 Hagg. R. 376;
Id. 278;   3 Hagg. R. 58, 107, 119, 131, 312;  3 Pick. R. 299;  2
Caines, 219;  Anth. N.P. 196.

   CONQUEST, feudal  law. This  term was  used by the feudists to
signify purchase.

  CONQUEST, international law. The acquisition of the sovereignty
of a  country by force of arms, exercised by an independent power
which reduces the vanquished to the submission of its empire.

   2. It  is a  general rule, that where conquered countries have
laws of their own, these laws remain in force after the conquest,
until they  are  abrogated,  unless  they  are  contrary  to  our
religion, or enact any malum in se. In all such cases the laws of
the conquering  country prevail;   for  it is  not to be presumed
that  laws   opposed  to   religion  or  sound  morals  could  be


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sanctioned. 1 Story, Const. §150, and the cases there cited.

   3. The  conquest and  military occupation  of a  part  of  the
territory of  the United  States by  a public enemy, renders such
conquered territory,  during such  occupation, a  foreign country
with respect  to the  revenue laws of the United States. 4 Wheat.
R. 246;   2  Gallis. R.  486. The people of a conquered territory
change  theirallegiance,  but,  by  the  modern  practice,  their
relations to each other, and their rights of property, remain the
same. 7 Pet. R. 86.

   4. Conquest  does not,  per  se,  give  the  conqueror  plenum
dominium et  utile, but  a  temporary  right  of  possession  and
government. 2 Gallis. R. 486;  3 Wash. C. C. R. 101. See 8 Wheat.
R. 591;  2 Bay, R. 229;  2 Dall. R. 1;  12 Pet. 410.

   5. The  right which  the English  government claimed  over the
territory now  composing the  United States,  was not  founded on
conquest, but discovery. Id. §152, et seq.

  CONQUETS, French law. The name given to every acquisition which
the husband  and wife,  jointly or  severally,  make  during  the
conjugal community. Thus, whatever is acquired by the husband and
wife, either  by his  or her  industry or good fortune, enures to
the extent  of one-half  for the benefit of the other. Merl. Rep.
mot Conquet;  Merl. Quest. mot Conquet. In Louisiana, these gains
are called aquets. (q. v.) Civ. Code of Lo. art. 2369.

   CONSANGUINITY. The relation subsisting among all the different
persons descendiug  from the  same  stock,  or  common  ancestor.
Vaughan, 322,  329;   2 Bl. Com. 202 Toull. Dr. Civ.. Fr. liv. 3,
t. 1, ch. n 115 2 Bouv. Inst. n. 1955, et seq.
 2.  Some portion  of the  blood of  the  common  ancestor  flows
through the  veins of  all his descendants, and though mixed with
the blood  flowing from  many other  families, yet it constitutes
the  kindred  or  alliance  by  blood  between  any  two  of  the
individuals. This  relation by  blood is of two kinds, lineal and
collateral.

   3. Lineal  consanguinity is  that relation  which exists among
persons, where  one is  descended from  the other, as between the
son and  the father,  or the  grandfather, and  so upwards  in  a
direct ascending  line;   and between  the father and the son, or
the grandson, and so downwards in a direct descending line. Every
generation in this direct course males a degree, computing either
in the  ascending or descending line. This being the natural mode
of computing  the degrees  of lineal,  consanguinity, it has been
adopted by the civil, the canon, and the common law.

   4. Collateral  consanguinity is  the relation subsisting among
persons who  descend from the same commnon ancestor, but not from
each other.  It is  essential to  constitute this  relation, that
they spring  from the same common root or stock, but in different
branches. The  mode of  computing the  degrees is to discover the


          Bouvier's Law Dictionary : C2 : Page 9 of 101


common ancestor,  to begin  with him to reckon downwards, and the
degree the  two persons,  or the  more remote of them, is distant
from the  ancestor, is  the degree  of kindred subsisting between
them. For instance, two brothers are related to each other in the
first degree,  because from  the father  to each  of them  is one
degree. An  uncle and  a nephew  are related to each other in tho
second degree, because the nephew is two degrees distant from the
common ancestor,  and the  rule of computation is extended to the
remotest degrees  of collateral relationship. This is the mode of
computation by  the common and canon law. The method of computing
by the  civil law,  is to  begin at  either  of  the  persons  in
questian and  count up to the common ancestor, and then downwards
to the,  other person,  calling it a degree for each person, both
ascending and  descending, and  the degrees  they stand from each
other is  the degree  in which  they stand  related. Thus, from a
nephew to  his father,  is one  degree;   to the grandfather, two
degrees and  then to  the uncle,  three;   which points  out  the
relationship.

   5. The  following table,  in which  the Roman  numeral letters
express the degrees by the civil law, and those in Arabic figures
at the bottom, those by the common law, will fully illustrate the
subject.
+--------------------+
|          IV.       |
|Great grand-father's|
|        father      |
|           4        |
+--------------------+\

         |           \
+--------------------+---+-----------------+
|          III.      |   |      V.         |
| Great grand-father |   |Great grand-uncle|
|           3.       |   |                 |
+--------------------+---+-----------------+

            |          \
+--------------------+---+----------------+
|          II.       |   |        IV.     |
|    Grand father    |   |   Great uncle. |
|          2.        |   |         3      |
+--------------------+---+----------------+

            |          \                   \
+--------------------+---+----------------+---+-----------------+
|           I.       |   |      III.      |   |                V.
|
|        Father      |   |     Uncle.     |   |Great Uncle's son|
|           1.       |   |       2.       |   |       3.        |
+--------------------+---+----------------+---+-----------------+

            |        \                  \              \
+-----------------+---+---------------+----+---------------+----+


          Bouvier's Law Dictionary : C2 : Page 10 of 101


------------+
|                 |   |       II.     |    |      IV.      |    |
VI.    |
|Intestate person |   |     Brother   |    | Cousin german |    |
2nd. Cousin|
|    proposed.    |   |        1      |    |       2       |    |
3     |
+-----------------+---+---------------+----+---------------+----+
------------+

            |                                \
+--------------------+---------------------+--------------+----+-
------------+
|            I.       |                     |      III.    |    |
V.     |
|               Son.       |                     |     Nephew   |
|Son of Cousin|
|            1.       |                     |       2      |    |
german 3 |
+--------------------+
+--------------+----+-------------+

            |                             \
+--------------------+
+------------------+
|          II.       |                          |             IV.
|
|       Grandson.    |                          |Son of Nephew or
|
|          2.        |                                 |brother's
grandson|
+--------------------+                          |               3
|

            |                             +------------------+
+--------------------+
|          III.      |
|  Great grandson.   |
|           3.       |
+--------------------+


   6. The  mode of the civil law is preferable, for it points out
the actual  degree of  kindred in all cases;  by the mode adopted
by the  common law,  different relations  may stand  in the  same
degree. The  uncle and  nephew stand related in the second degree
by the  common law,  and so are two first cousins, or two sons of
two brothers;   but  by the civil law the uncle and nephew are in
the third  degree, and the cousins are in the fourth. The mode of
computation, however,  is immaterial, for both will establish the
same person  to be the heir. 2 Bl. Com. 202;  1 Swift's Dig. 113;
Toull. Civ. Fr. liv. 8, t. 1, o. 3, n. 115. Vide Branch;  Degree;
Line.


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   CONSCIENCE. The  moral sense,  or that  capacity of our mental
constitution,  by  which  we  irresistibly  feel  the  difference
between right and wrong.

   2. The  constitution of the United States wisely provides that
"no religious test shall ever be required." No man, then, or body
of men,  have a  right to  control a  man's belief  or opinion in
religious matters,  or to  forbid the  most  perfect  freedom  of
inquiry in relation to them, by force or threats, or by any other
motives  than   arguments  or   persuasion.  Vide  Story,  Const.
§1841-1843.

   CONSENSUAL, civil  law. This  word is applied to designate one
species of  contract known  in the  civil laws;   these contracts
derive their  name from  the consent  of  the  parties  which  is
required in  their formation,  as they  cannot exist without such
consent.

   2. The contract of sale, among the civilians, is an example of
a consensual  contract, because  the moment there is an agreement
between the  seller and  the buyer as to the thing and the price,
the vendor  and the  purchaser have  reciprocal  actions  On  the
contrary, on  a loan,  there  is  no  action  by  the  lender  or
borrower, although  there may  have been consent, until the thing
is delivered or the money counted. This is a real contract in the
sense of the civil law. Lec. El. Dr: Rom. §895;  Poth. Ob. pt. 1,
c. 1, s. 1, art. 2;  1 Bell's Com. (5th ed.) 435. Vide Contract.

   CONSENT. An  agreement to something proposed, and differs from
assent. (q.  v.) Wolff,  Ins. Nat. part 1, SSSS 27-30;  Pard. Dr.
Com. part  2, tit.  1, n.  1, 38  to 178.  Consent supposes, 1. a
physical power  to act;   2.  a moral  power of  acting;    3.  a
serious, determined,  and free  use of these powers. Fonb. Eq. B;
1, c.  2, s.  1;  Grot. de Jure Belli et Pacis, lib. 2, c. 11, s.
6.

   2. Consent  is either  express or implied. Express, when it is
given viva  voce, or  in writing;  implied, when it is manifested
by signs,  actions, or  facts, or  by inaction  or silence, which
raise a presumption that the consent has been given.

   3. - 1. When a legacy is given with a condition annexed to the
bequest, requiring  the consent  of executors  to the marriage of
the legatee,  and  under  such  consent  being  given,  a  mutual
attachment has  been suffered to grow up, it would be rather late
to state  terms and  conditions on  which a  marriage between the
parties should  take place;. 2 Ves. & Beames, 234;  Ambl. 264;  2
Freem. 201;  unless such consent was obtained by deceit or fraud.
1 Eden, 6;  1 Phillim. 200;  12 Ves. 19.

  4. - 2. Such a condition does not apply to a second marriage. 3
Bro. C. C. 145;  3 Ves. 239.

  5. - 3. If the consent has been substantially given, though not


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modo et  forma, the  legatee will  be held  duly entitled  to the
legacy. 1 Sim. & Stu. 172;  1 Meriv. 187;  2 Atk. 265.

  6. - 4. When trustees under a marriage settlement are empowered
to sell  "with the consent of the husband and, wife," a sale made
by the  trustees without the distinct consent of the wife, cannot
be a due execution of their power. 10 Ves. 378.

   7. - 5. Where a power of sale requires that the sale should be
with the  consent of  certain specified  individuals, the fact of
such consent having been given, ought to be evinced in the manner
pointed out  by the  creator of the power, or such power will not
be considered as properly executed. 10 Ves. 308. Vide, generally,
2 Supp.  to Ves. jr. 161, 165, 169;  Ayliffe's Pand. 117;  1 Rob.
Leg.. 345, 539.

   8. -  6. Courts of equity have established the rule, that when
the true  owner of  property stands  by, and  knowingly suffers a
stranger to  sell the  same as  his own,  without objection, this
will be  such implied consent as to render the sale valid against
the true  owner. Story  on Ag. §91 Story on Eq. Jur. §385 to 390.
And courts  of law,  unless restrained  by technical formalities,
act upon  the principles of justice;  as, for example, when a man
permitted, without  objection, the  sale of  his goods  under  an
execution against  another person. 6 Adolph. & El 11. 469 9 Barn.
& Cr. 586;  3 Barn. & Adolph. 318, note.

  9. The consent which is implied in every agreement is excluded,
1. By  error in the essentials of the contract;  ,is, if Paul, in
the city  of Philadelphia,  buy the  horse of  Peter, which is in
Boston, and promise to pay one hundred dollars for him, the horse
at the  time of  the sale,  unknown to  either party, being dead.
This decision is founded on the rule that he who consents through
error does  not consent at all;  non consentiunt qui errant. Dig.
2, 1,  15;   Dig. lib.  1, tit.  ult. 1.  116, §2.  2. Consent is
excluded by duress of the party making the agreement.

  3. Consent is never given so as to bind the parties, when it is
obtained by  fraud. 4.  It cannot be given by a person who has no
understanding, as  an idiot,  nor by one who, though possessed of
understanding, is  not in  law capable of making a contract, as a
feme covert. See Bouv. Inst. Index, h. t.

  CONSENT RULE. In the English practice, still adhered to in some
of the  states of  the American Union, the defendant in ejectment
is required  to enter  on record  that he  confesses  the  lease,
entry, and  ouster of  the plaintiff;  this is called the consent
rule.

  2. The consent rule contains the following particulars, namely:
1. The  person appearing consents to be made defendant instead of
the casual  ejector;   2. To appear at the suit of the plaintiff;
and, if  the proceedings are by bill, to file common bail;  3. To
receive a  declaration in ejectment, and plead not guilty;  4. At


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the trial  of the  case to  confess lease, entry, and ouster, and
insist upon  his title  only;  5. That if at the trial, the party
appearing shall not confess lease, entry, and ouster, whereby the
plaintiff shall  not be  able to  prosecute his  suit, such party
shall pay  to the  plaintiff the costs of the nonpros, and suffer
judgment to  be entered against the casual ejector;  6. That if a
verdict shall  be given for the defendant, or the plaintiff shall
not  prosecute   his  suit   for  any   other  cause   than   the
non-confession of  lease, entry,  and ouster,  the lessor  of the
plaintiff shall pay costs to the defendant;  7. When the landlord
appears alone,  that the  plaintiff shall  be at  liberty to sign
judgment  immediately   against  the  casual  ejector,  but  that
execution shall  be stayed  until the  court shall further order.
Adams, Ej. 233, 234 and for a form see Ad. Ej. Appx. No. 25. Vide
2 Cowen,  442;  4 John. R. 311;  Caines' Cas. 102;  12 Wend. 105,
3 Cowen,  356;  6 Cowen, 587;  1 Cowen, 166;  and Casual Ejector;
Ejectment.

   CONSEQUENTIAL DAMAGES,  torts. Those  damages or  those losses
which arise  not from  the immediate  act of  the party,  but  in
consequence of such act;  as if a man throw a log into the public
streets, and  another fall upon it and become injured by the fall
or if  a man  should erect a dam over his own ground, and by that
means overflow his neighbor's, to his injury.

   2. The  form of  action to  be  instituted  for  consequential
damages caused  without force,  is by action on the case. 3 East,
602;   1 Stran.  636;  5 T. R. 649;  5 Vin. Ab. 403;  1 Chit. Pl.
127 Kames  on Eq.  71;   3 Bouv.  Inst. n.  3484,  et  seq.  Vide
Immediate.

  CONSERVATOR. A preserver, a protector.

   2. Before  the institution  of the  office of  justices of the
peace in England, the public order was maintained by officers who
bore the name of conservators of the peace. All judges, justices,
sheriffs and  constables, are  conservators of the peace, and are
bound, ex  officio, to  be aiding  and  assisting  in  preserving
older.

  3. In Connecticut, this term is applied to designate a guardian
who has the care of the estate of an idiot. 5 Conn. R. 280.

   CONSIDERATIO CURLAE,  practice. The  judgment of the court. In
pleadings where  matters are determined by the court, it is said,
therefore it  is  considered  and  adjudged  by  the  court  ideo
consideratum est per curiam.

   CONSIDERATION, contracts. A compensation which is paid, or all
inconvenience suffered by the, party from whom it proceeds. Or it
is the reason which moves the contracting party to enter into the
contract. 2  Bl. Com.  443. Viner  defines it  to be  a cause  or
occasion meritorious, requiring a mutual recompense in deed or in
law. Abr.  tit. Consideration, A. A consideration of some sort or


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other, is so absolutely necessary to the forming a good contract,
that a nudum pactum, or an agreement to do or to pay any thing on
one side,  without any compensation to the other, is totally void
in law,  and a man cannot be compelled to perform it. Dr. & Stud.
d. 2, c. 24 3 Call, R. 439 7 Conn. 57;  1 Stew. R. 51 5 Mass. 301
4 John.  R. 235;  C. Yerg. 418;  Cooke, R. 467;  6 Halst. R. 174;
4 Munf.  R. 95.  But contracts  under seal  are valid  without  a
consideration;   or, perbaps,  more properly speaking, every bond
imports in  itself a  sufficient consideration,  though  none  be
mentioned. 11 Serg. & R. 107. Negotiable instruments, as bills of
exchange and  promissory  notes,  carry  with  them  prima  facie
evidence of consideration. 2 Bl. Com. 445.

   3. The consideration must be some benefit to the party by whom
the promise  is made,  or to  a third person at his instance;  or
some detriment  sustained at the instance of the party promising,
by the party in whose favor the promise is made. 4 East, 455;  .1
Taunt. 523 Chitty on Contr. 7 Dr. & Stu. 179;  1 Selw. N. P. 39 ,
40;   2 pet.  182 1  Litt. 123;  3 John. 100;  6 Mass. 58 2 Bibb.
30;   2 J.  J. Marsh.  222;   5 Cranch,  142, 150 2 N. H. Rep. 97
Wright, It.  660;   14 John.  R. 466 13 S. & R. 29 3 M. Gr. & Sc.
321.

   4. Considerations  are good, as when they are for natural love
and affection;   or  valuable, when  some benefit  arises to  the
party to whom they are made, or inconvenience to the party making
them. Vin.  Abr. Consideration,  B;   5 How.  U. S. 278;  4 Barr,
364;  3 McLean, 330;  17 Conn. 511;  1 Branch, 301;  8 Ala. 949.

  5. They are legal, which are sufficient to support the contract
or illegal,  which render  it void. As to illegal considerations,
see 1  Hov. Supp. to Ves. jr. 295;  2 Hov. Supp. to Ves. jr. 448;
2 Burr.  924 1  Bl. Rep.  204. If  the,  performance  be  utterly
impossible, in  fact or in law, the consideration is void. 2 Lev.
161;   Yelv. 197,  and note;  3 Bos. & Pull. 296, n. 14 Johns. R.
381.

   6. A mere moral obligation to pay a debt or perform a duty, is
a sufficient  consideration for  an express  promise, although no
legal liability existed at the time of making such promise. Cowp.
290 Bl.  Com. 445  3 Bos.  & Pull.  249, note;   2  East, 506;  3
Taunt. 311;   5 Taunt. 36;  13 Johns. R. 259;  Yelv. 41, b, note;
3 Pick.  207. But  it is to be observed, that in such cases there
must have  been a  good or  valuable consideration;  for example,
every one  is under  a moral  obligation to  relieve a  person in
distress, a promise to do so, however, is not binding in law. One
is bound  to pay  a debt  which he  owes, although  he  has  been
released;   a promise  to pay such a debt is obligatory in law on
the debtor,  and can  therefore be enforeed by action. 12 S. & R.
177;   19 John.  R. 147;   4 W. C. C. R. 86, 148;  7 John. R. 26;
14 John.  R. 178;   1 Cowen, R. 249;  8 Mass. R. 127. See 7 Conn.
R. 57;   1  Verm. R.  420;   5 Verm.  R. 173;   5. Ham. R. 58;  3
Penna. R. 172;  5 Binn. R. 33.


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   7. In  respect  of  time,  a  consideration  is  either,  1st.
Executed, or  Something done  before the  making of the obligor's
promise. Yelv. 41, a. n. In general, an executed consideration is
insufficient to  support a  contract;  7 John. R. 87;  2 Conn. R.
404;  7 Cowen, R. 358;  but an executed consideration on request;
7 John.  R. 87  1 Caines R. 584;  or by some previous duty, or if
the debt  be continuing at the time, or it is barred by some rule
of law, or some provision of a statute, as the act of limitation,
it is  sufficient to  maintain an  action. 4  W. C.  C. R. 148 14
John. R.  378 17  S. &  R. 126. 2d. Executory, or something to be
done after such promise. 3d. Concurrent, as in the case of mutual
promises;  and, 4th. A continuing consideration. Chitty on Contr.
16.

   8. As  to cases  where the  contract has been set aside on the
ground of  a total failure of the consideration, see 11 Johns. R.
50;   7 Mass.  14;  8 Johns. R. 458;  8 Mass. 46 6 Cranch, 53;  2
Caines' Rep.  246 and 1 Camp. 40, n. When the consideration turns
out to  be false  and fails,  there is  no  contract;    as,  for
example, if  my father  by his  will gives  me  all  his  estate,
charged with  the payment of a thousand dollars, and I promise to
give you  my house instead of the legacy to you, and you agree to
buy it with the legacy, and before the contract is completed, and
I make you a deed for the house, I discover that my father made a
codicil to  his will  and by  it be revoked the gift to you' I am
not bound  to complete  the contract  by making you a deed for my
house. Poth. on Oblig. part 1, c. 1, art. 3, §6. See, in general,
Obligation,, New  Promise;   Bouv. Inst.  Index. b.  t,;   Evans'
Poth. vol. ii. p. 19;  1 Fonb. Eq. 335;  Newl. Contr. 65;  1 Com.
Contr. 26;   Fell  on Guarrant. 337;  3 Chit. Com. Law, 63 to 99;
3 Bos.  & Pull.  249, n;  1 Fonb. Eq. 122, note z;  Id. 370, note
g;  5 East, 20, n.;  2 Saund. 211, note 2;  Lawes Pl. Ass. 49;  1
Com. Dig.  Action upon  the case  upon  Assumpsit,  B  Vin.  Abr.
Actions of Assumpsit, Q;  Id. tit. Consideration.

   CONSIDERATUM EST  per curiam.  It is  considered by the court.
This formula  is used  in giving  judgments. A  judgment  is  the
decision or  sentence of the law, given by a court of justice, as
the result  of proceedings instituted therein, for the redress of
an injury. The language of the judgment is not, therefore, that "
it is  decreed," or  " resolved," by the court;  but that " it is
considered by  the court,"  consideratum est per curiam, that the
plaintiff recover his debt, &c. 3 Bouv. Inst. n. 3298.

   CONSIGNATION, contracts.  In the  civil law,  it is  a deposit
which a debtor makes of the thing that he owes, into the hands of
a third  person, and  under the  authority of a court of justice.
Poth. Oblig. P. 3, c. 1, art. 8.

   2. Generally the consignation is made with a public officer it
is very similar to our practice of paying money into court.

   3. The  term to  consign, or consignation, is derived from the
Latin consignare,  which signifies  to seal,  for it was formerly


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the practice  to seal up the money thus received in a bag or box.
Aso & Man. Inst. B. 2, t. 11, c. 1, §5. See Burge on Sur. 138.

  CONSIGNEE, contracts. One to whom a consignment is made.

   2. When  the goods consigned to him are his own, and they have
been ordered  to be  sent, they  are at  his risk  the moment the
consignment is  made according to his direction;  and the persons
employed in  the transmission  of the  goods are  his  agents.  1
Liverm. on  Ag, 9.  When the  goods are not his own, if he accept
the consignment,  he is  bound to  pursue the instructions of the
consignor;   as if the goods be consigned upon condition that the
consignee will  accept the  consignor's bills,  he  is  bound  to
accept them;   Id.  139;  or if he is directed to insure, he must
do so. Id. 325.

   3. It  is usual in bills of lading to state that the goods are
to be  delivered to  the consignee  or his  assigns, he  or  they
paying freight;   in  such case  the consignee or his assigns, by
accepting the  goods, by  implication, become  bound to  pay  the
freight, Abbott on Sh. p. 3, c. 7, §4;  3 Bing. R, 383.

   4. When  a person  acts, publicly  as a consignee, there is an
implied engagement  on his  part that  he  will  be  vigilant  in
receiving goods  consigned  to  his  care,  so  as  to  make  him
responsible  for   any  loss  which  the  owner  may  sustain  in
consequence of his neglect. 9 Watts & Serg. 62.

   CONSIGINMENT. The  goods or  property sent by a common carrier
from one  or more  persons called the consignors, from one place,
to one  or more  persons,  called  the  consignees,  who  are  in
another. By  this term  ig also  understood the goods sent by one
person to  another, to  be sold  or disposed of by the latter for
and on account of the former.

  CONSIGNOR, contracts. One who makes a consignment to another.

   2. When  goods are consigned to be sold on commission, and the
property remains  in the  consignor;   or when  goods  have  been
consigned upon  a credit, and the consignee has become a bankrupt
or failed,  the consignor  has a  right to stop them in transitu.
(q. v.) Abbot on Sh. p. 3, c.

   3. The  consignor is  generally liable  for the freight or the
hire for the carriage of goods. 1 T. R. 6 5 9.

   CONSILIUM, or  dies consilii, practice. A time allowed for the
accused to make his defence, and now more commonly used for a day
appointed to  argue a  demurrer. In  civil cases, it is a special
day appointed  for the  purpose of  hearing an argument. Jer. Eq.
Jur. 296;  4 Bouv. Inst. n. 3753.

   CONSIMILI CASU. These words occur in the Stat. West. 21 C. 24,
13 Ed.  1. wbich gave authority to the clerks in chancery to form


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new writs  in consimili casu simili remedio indigente sicut prius
fit breve.  In execution  of the  powers granted by this statute,
many new writs were formed by the clerk's in chancery, especially
in real  actions, as writs of quod permittat prosternere, against
the alienee  of land  after the  erection of  a nuisance thereon,
according to  the analogy  of the  assize of  nuisance, writs  of
juris utrum,  c. &c. In respect to personal actions, it has, long
been the  practice to  issue writs in consimili casu, in the most
general form,  e. g.  in trespass  on  the  case  upon  promises,
leaving it  to the  plaintiff to  state fully,  and at large, his
case in  the declaration the sufficiency of which in point of law
is always a question for the court to consider upon the pleadings
and evidence. See Willes, Rep. 580;  2 Lord Ray. 957;  2 Durnf. &
East, 51;   2  Wils. 146 17 Serg. & R.. 195;  3 Bl. Com. 51 7 Co.
4;  F. N. B. 206;  3 Bouv. Inst. n. 3482.

   CONSISTENT. That  which agrees  with something  else;    as  a
consistent condition,  which is  one which  agrees with all other
parts of  a contract, or which can be reconciled with every other
part. 1 Bouv. Just. n. 752,

   CONSISTORY,  ecclesiastical  law.  An  assembly  of  cardinals
convoked by  the pope.  The consistory is public or secret. It is
vublic, when  the pope  receives princes  or  gives  audience  to
ambassadors;   secret, when he fills vacant sees, proceeds to the
canonization  of   saints,  or   judges   and   settles   certain
contestations submitted to him.

   2. A court which was formerly held among protestants, in which
the bishop  presided, assisted  by some of his clergy, also bears
this name.  It is now held in England, by the bishop's chancellor
or commissary,  and some other ecclesiastical officers, either in
the cathedral,  church, or  other place  in his  diocese, for the
determination of  ecclesiastical cases  arising in  that diocese.
Merl. Rep. h. t.;  Burns' Dict. h. t.

   CONSOLATO DEL  MARE, (IL).  The name  of a  code of  sea  laws
compiled by order of the ancient kings of Aragon. Its date is not
very certain,  but it  was adopted on the continent of Europe, as
the code of maritime law, in the course of the eleventh, twelfth,
and thirteenth  centuries. It comprised the ancient ordinances of
the Greek  and Roman  emperors, and  of the  kings of  France and
Spain;   and the laws of the Mediterranean islands, and of Venice
and Genoa. It was originally written in the dialect of Catalonia,
as its  title plainly  indicates, and it has been translated into
every language  of Europe.  This code  has been  reprinted in the
second volume  of the  " Collection de Lois Maritimes Anterieures
au  XVIII.  Siecle,  par  J.  M.  Pardessus,  (Paris,  1831)."  A
collection of sea laws, which is very complete.

   CONSOLIDATION, civil  law. The  union of the usufruct with the
estate out  of which  it issues, in the same person which happens
when the  usufructuary acquires  the estate,  or vice  versa.  In
either case  the usufruct  is extinct.  In the common law this is


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called a  merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions,
V.

   2. Consolidation  may take  place in  two ways:  first, by the
usufructuary surrendering  his right  to the proprietor, which in
the common  law is  called a surrender;  secondly, by the release
of the.  proprietor of  his rights  to the usufructuary, which in
our law is called a release.

   CONSOLIDATION RULE,  practice, com.  law.  When  a  number  of
actions are  brought on  the same  policy,  it  is  the  constant
practice, for  the purpose  of saving costs, to consolidate them.
by a  rule  of  court  or  judge's  order,  which  restrains  the
plaintiff from  proceeding to  trial in  more than one, and binds
the defendants  in all the others to abide the event of that one;
but this is done upon condition that the defendant shall not file
any bill inequity, or bring any writ of error for delay. 2 Marsh.
Ins. 701. For the history of this rule, vide Parke on Ins. xlix.;
Marsh. Ins.  B. 1,  c. 1  6, s.  4. And  see 1 John. Cas. 29;  19
Wend. 23;   13 Wend. 644 5 Cowen, 282,;  4 Cowen, 78;  Id. 85;  1
John. 29;  9 John. 262.

   2. The  term consolidation  seems to  be rather  misapplied in
those cases,  for in  point of  fact there  is  a  mere  stay  of
proceedings in all those cases but one. 3 Chit. Pr. 644. The rule
is now  extended to other cases: when several actions are brought
on the same bond against several obligors, an order for a stay of
proceedings in  all but one will be made. 3 Chit. Pr. 645 3 Carr.
& P.  58. See  4 Yeates,  R. 128  3 S. & R. 262;  Coleman, 62;  3
Rand. 481;   1  N. &  M. 417,  n.;   1 Cow n 89;  3 Wend. 441;  9
Wend. 451;   M.  438, 440,  n.;   5 Cowen, 282;  4 Halst. 335;  1
Dall. 145;   1  Browne, Appx.  lxvii.;  1 Ala. R. 77;  4 Hill, R.
46;  19 Wend. 23 5 Yerg. 297;  7 Miss. 477;  2 Tayl. 200.,

   3. The  plaintiff may  elect to  join in the same suit several
causes of  action, in  many cases, consistently with the rules of
pleading, but  having done  so, his  election is  determined.  He
cannot ask the court to consolidate them;  3 Serg. & R. 266;  but
the court will sometimes, at the instance of the defendant, order
it against the plaintiff. 1 Dall. Rep. 147, 355;  1 Yeates, 5;  4
Yeates, 128;  2 Arch. Pr. 180;  3 Serg. & R. 264.

   CONSOLS, Eng.  law. This  is an  abbreviation for consolidated
annuities.  Formerly   when  a   loan  was  made,  authorized  by
government, a particular part of the revenue was appropriated for
the payment of the interest and of the principal. This was called
the fund,  and every  loan had  its  fund.  In  this  manner  the
Aggregate fund  originated in 1715;  the South Sea fund, in 1717;
the General  fund, 1617  and the  Sinking fund,  into  which  the
surplus of these three funds flowed, which, although destined for
the  diminution   of  the  national  debt,  was  applied  to  the
necessities of the government. These four funds were consolidated
into one in the year 1787, under the name of consolidated fund.


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   2. The  income arises  from the receipts on account of excise,
customs, stamps,  and other,  perpetual taxes.  The charges on it
are the  interest on  and the redemption of the public debt;  the
civil list;   the  salaries of  the judges and officers of state,
and the like.

  3. The annual grants on account of the army and navy, and every
part of  the revenue  which is considered temporary, are excluded
from this fund.

  4. Those persons who lent the money to the government, or their
assigns, are  entitled to  an annuity  of three  per cent  on the
amount lent, which, however, is not to be returned, except at the
option of  the government  so that  the holders  of  consols  are
simply annuitants.

   CONSORT. A man or woman married. The man is the consort of his
wife, the woman is the consort of her husband.

   CONSPIRACY, crim. law, torts. An agreement between two or more
persons to  do an unlawful act, or an act which may become by the
combination injurious  to others.  Formerly this offence was much
more circumscribed  in its  meaning than  it is  now.  Lord  Coke
describes it  as "a consultation or agreement between two or more
to appeal  or indict  an innocent person falsely and maliciously,
whom accordingly  they cause  to  be  indicted  or  appealed  and
afterwards the party is acquitted by the verdict of twelve men."

     2.  The   crime  of  conspiracy,  according  to  its  modern
interpretation, may be of two kinds, Damely, conspiracies against
the public, or such as endanger the public health, violate public
morals, insult  public justice,  destroy  the  public  peace,  or
affect public trade or business. See 3 Burr. 1321.

   3. To remedy these evils the guilty persons may be indicted in
the name  of the  commonwealth. Conspiracies  against individuals
are such  as have  a tendency  to injure  them in  their persons,
reputation, or  property. The  remedy in these cases is either by
indictment or by a civil action.

   4. In  order to  reader the  offence  complete,  there  is  no
occasion that any act should be done in pursuance of the unlawful
agreement entered  into between  the parties,  or  that  any  one
should have  been defrauded  or injured  by it. The conspiracy is
the gist of the crane. 2 Mass. R. 337;  Id. 538 6 Mass. R. 74;  3
S. &  R. 220  4 Wend. R. 259;  Halst. R. 293 2 Stew. Rep. 360;  5
Harr. & John. 317 8 S. & R. 420. But see 10 Verm. 353.

   5. By  the laws of the United State's, St. 1825, c. 76, §23, 3
Story's L.  U. S.,  2006, a wilful and corrupt conspiracy to cast
away, burn  or otherwise  destroy any ship or vessel. with intent
to injure any underwriter thereon, or the goods on board thereof,
or  any   lender  of   money  on  such  vessel,  on  bottomry  or
respondentia, is,  by the laws of the United States, made felony,


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and the  offender punishable  by fine  not exceeding ten thousand
dollars, and  by imprisonment  and confinement at hard labor, not
exceeding ten years.

  6. By the Revised Statutes of New York, vol. 2, p. 691, 692, it
is enacted,  that if  any two  or more  persons  shall  conspire,
either, 1. To commit any offence;  or, 2. Falsely and maliciously
to indict  another for  any offence;   or,  3. Falsely to move or
maintain any suit;  or, 4. To cheat and defraud any person of any
property, by  any means which are in themselves criminal;  or, 5.
To cheat  and defraud any person of any property, by means which,
if executed, would amount to a cheat, or to obtaining property by
false pretences;   or,  6. To  commit any  act injurious  to  the
public health, to public morals, or to trade and commerce, or for
the  perversion   or  obstruction   of  justice,   or   the   due
administration of  the laws;   they  shall be  deemed guilty of a
misdemeanor.  No   other  conspiracies   are   there   punishable
criminally. And  no agreement, except to commit a felony upon the
person of  another, or  to commit  arson or  burglary,  shall  be
deemed a  conspiracy, unless  some act  besides such agreement be
done to  effect the object thereof, by one or more of the parties
to such agreement.

   7. When  a  felony  has  been  committed  in  pursuance  of  a
conspiracy, the latter, which is only a misdemeanor, is merged in
the former;   but  when a  misdemeanor only has been committed in
pursuance of  such conspiracy,  the two  crimes  being  of  equal
degree, there  can be  no legal technical merger. 4 Wend. R. 265.
Vide 1  Hawk. 444  to 454;  3 Chit. Cr. Law, 1138 to 1193 3 Inst.
143 Com.  Dig. Justices  of the  Peace, B  107;   Burn's Justice,
Conspiracy;   Williams' Justice, Conspiracy;  4 Chit. Blacks. 92;
Dick. Justice Conspiracy, Bac. Ab. Actions on the Case, G 2 Russ.
on Cr.  553 to  574 2  Mass. 329  Id. 536 5 Mass. 106 2 D R. 205;
Whart. Dig.  Conspiracy;  3 Serg. & Rawle, 220;  7 Serg. & Rawle,
469 4  Halst. R. 293;  5 Harr. & Johns. 317 4 Wend. 229;  2 Stew.
R. 360;1 Saund. 230, u. 4. For the French law, see Merl. Rep. mot
Conspiration Code Penal, art. 89.

   CONSPIRATORS. Persons  guilty of  a conspiracy. See 3 Bl. Com.
126-71 Wils. Rep. 210-11. See Conspiracy.

  CONSTABLE. An officer, who is generally elected by the people.

   2. He  possess power, virture officii, as a conservator of the
peace at  common  law,  and  by  virtue  of  various  legislative
enactments;   he. may  therefore apprehend  a  supposed  offender
without a  warrant, as  treason, felony, breach of the peace, and
for some  misdemeanors Iess  than felony,  when committed  in his
view. 1 Hale, 587;  1 East, P. C. 303 8 Serg. & Rawle, 47. He may
also arrest  a supposed  offender upon  the informatiou of others
but he does so at his peril, unless he can show that a felony has
been committed  by some  person, as well as the reasonableness of
the suspicion  that the  party arrested is guilty. 1 Chit. Cr. L.
27;   6 Binn.  R. 316;   2 Hale, 91, 92 1 East, P. C. 301. He has


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power to  call others  to his  assistance;   or he  may appoint a
deputy to do ministerial acts. 3 B urr. Rep. 1262.

  3. A constable is also a ministerial officer, bound to obey the
warrants  and  precepts  of  justices,  coroners,  and  sheriffs.
Constables are  also in some states bound to execute the warrants
and process of justices of the peace in civil cases.

   4. In  England, they  have many  officers, with  more or  less
power, who  bear the name of constables;  as, lord high constable
of England,  high constable  3 Burr.  1262 head constables, petty
constables, constables  of  castles,  constables  of  the  tower,
constables of  the fees, constable of the exchequer, constable of
the staple, &c.

   5. In  some of  the cities  of the  United  States  there  are
officers who  are called  high constables,  who are the principal
police officers  where they  reside. Vide  the various Digests of
American Law,  h. t.;   1  Chit. Cr.  L. 20;   5 Vin. Ab. 427;  2
Phil. Ev.  253 2  Sell. Pr.  70;   Bac. Ab.  h. t.;    Com.  Dig.
Justices of the Peace, B 79;  Id. D 7;  Id, Officer, E 2;  Wille.
Off. Const.

     CONSTABLEWICK.  In  England,  by  this  word  is  meant  the
territorial jurisdiction of a constable. 5 Nev. & M. 261.

   CONSTAT, English  law. The  name of  a certificate,  which the
clerk of  the pipe  and auditors  of the  exchequer make  at  the
request of  any person  who intends to plead or move in the court
for the  discharge of  anything;   and the  effect of  it is, the
certifying what constat (appears) upon record touching the matter
in question.

  2. A constat is held to be superior to an ordinary certificate,
because  it   contains  nothing   but  what   is  on  record.  An
exemplification under  the great  seal, of  the enrolment  of any
letters-patent,  is   called  a  constat.  Co.  Litt.  225.  Vide
Exemplification;  Inspeximus.

   3. Whenever  an officer  gives a certificate that such a thing
appears of  record, it  is called a constat;  because the officer
does not  say that  the fact  is so,  but it  appears to be as he
certifies. A  certificate that  it appears  to the officer that a
judgment has been entered, &c., is insufficient. 1 Hayw. 410.

   CONSTITUENT. He who gives authority to another to act for him.
1 Bouv. Inst. n. 893.

   2. The constituent is bound with whatever his attorney does by
virtue of  his  authority.  The  electors  of  a  member  of  the
legislature are  his constituents,  to whom he is responsible for
his legislative acts.

   CONSTITUIMUS. A  Latin word  which  signifies  we  constitute.


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Whenever the king of England is vested with the right of creating
a new  office, he  must use  proper words  to do so, for example,
erigimus, constituimus, c . Bac. Ab. Offices, &c. E.

   TO CONSTITUTE,  contr. To empower, to authorize. In the common
form of  letters of  attorney, these  words  occur,  I  nominate,
constitute and appoint."

  CONSTITUTED AUTHORITIES. Those powers which the constitution of
each people has established to govern them, to cause their rights
to be respected, and to maintain tliose of eacli of its members.

   2. They  arc called  constituted, to distinguish them from the
constituting authority  which has  created or  organized them, or
has delegated  to an  authority, which it has itself created, the
right of establishing or regulating their movements. The officers
appointed under the constitution are also collectively called the
constituted authorities.  Dall. Dict.  mots Contrainte par corps,
n. 526.

   CONSTITUTION, government.  The fundamental  law of  the state,
containing the  principles upon  which the government is founded,
and regulating  the divisions  of the sovereign powers, directing
to what  persons each of these powers is to be confided, and the,
manner it  is to  be exercised as, the Constitution of the United
States. See Story on the Constitution;  Rawle on the Const.

   2. The words constitution and government (q. v.) are sometimes
employed  to   express  the   same  idea,  the  manner  in  which
sovereignty is  exercised in each state. Constitution is also the
name of  the instrument  containing the  fundamental laws  of the
state.

   3. By  constitution, the civilians, and, from them, the common
law writers,  mean some  particular law;  as the constitutions of
the emperors contained in the Code.

  CONSTITUTION, contracts. The constitution of a contract, is the
making of  the contract as, the written constitution of a debt. 1
Bell's Com. 332, 5th ed.

   CONSTITUTION OF  THE UNITED STATES OF AMERICA. The fundamental
law of the United States.

   2. It was framed by a convention of the representatives of the
people, who  met at  Philadelphia, and  finally adopted it on the
17th day of September, 1787. It became the law of the land on the
first Wednesday in March, 1789. 5 Wheat. 420.

   3. A  short analysis  of  this  instrument,  so  replete  with
salutary provisions for insuring liberty and  private rights, and
public peace and prosperity, will here be given.


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   4. The preamble declares that the people of the United States,
in order  to form a more perfect union, establish justice, insure
public tranquillity,  provide for the common defence, promote the
general  welfare,   and  secure   the  blessings  of  liberty  to
themselves and  their posterity,  do ordain  and  establish  this
constitution for the United States of America.

   5. - 1. The first article is divided into ten sections. By the
first the  legislative power  is vested  in congress.  The second
regulates the  formation of  the house  of  representatives,  and
declares who  shall be  electors.  The  third  provides  for  the
organization of  the senate,  and bestows  on it the power to try
impeachments. The  fourth directs the times and places of holding
elections  and  the  time  of  meeting  of  congress.  The  fifth
determines the power of the respective houses. The sixth provides
for a  compensation to  members of congress, and for their safety
from arrests  and disqualifies them from holding certain offices.
The seventh  directs the  manner of  passing  bills.  The  eighth
defines the  powers vested  in congress.  The ninth  contains the
following provisions:  1st. That  the migration or importation of
persons shall  not be prohibited prior to the year 1808. 2d. That
the writ  of habeas  corpus shall  not be  suspended,  except  in
particular cases. 3d. That no bill of attainder, or ex post facto
law, shall  be passed.  4th. The manner of laying taxes. 5th. The
manner of  drawing money  out of the treasury. 6th. That no title
of nobility  shall be granted. 7th. That no officer shall receive
a present  from a  foreign  government.  The  tenth  forbids  the
respective states to exercise certain powers there enumerated.

   6. -  2. The second article is divided into four sections. The
first vests  the executive  power in  the president of the United
States of America, and provides for his election, and that of the
vice-president. The  second section confers various powers on the
president. The  third defines his duties. The fourth provides for
the impeachment  of the  president, vice-president, and all civil
officers of the United States.

   7. -  3. The  third article contains three sections. The first
vests the  judicial power  in sundry  courts,  provides  for  the
tenure of  office by  the judges, and for their compensation. The
second provides  for the  extent of  the judicial power, vests in
the supreme  court original  jurisdiction in  certain cases,  and
directs the  manner of  trying crimes. The third defines treason,
and vests in congress the power to declare its punishment.

   8. -  4. The fourth article is composed of four sections.  The
first relates  to the  faith which state records, &c., shall have
in other states. The second secures the rights of citizens in the
several states for the delivery of fugitives from justice or from
labor. The  third for  the  admission  of  new  states,  and  the
government of  the territories.  The fourth  guaranties to  every
state in  the  Union  the  republican  form  of  government,  and
protection from invasion or domestic violence.

   9. -  5. The  Fifth Article  provides for  amendments  to  the
constitution.


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   10. -  6. The  sixth article declares that the debts due under
the confederation shall be valid against the United States;  that
the constitution  and treaties made under its powers shall be the
supreme law of the land that public officers shall be required by
oath or  affirmation to  support the  Constitution of  the United
States  that   no  religious   test  shall   be  required   as  a
qualification for office.

  11. - 7. The seventh article directs what shall be a sufficient
ratification of this constitution by the states.

   12. In  pursuance of  the fifth  article of  the constitution,
articles in addition to, and amendment of, the constitution, were
proposed by  congress, and  ratified by  the legislatures  of the
several states.  These additional  articles are  to the following
import:

   13. -  1. Relates  to religious  freedom;   the liberty of the
press;  the right of the people to assemble and petition.

  14. - 2. Secures to the people the right to bear arms.

  15. - 3. Provides for the quartering of soldiers.

   16. -  4. Regulates  the right  of search,  and of  arrest  on
criminal charges.

  17. - 5. Directs the manner of being held to answer for crimes,
and provides  for the  security of the life, liberty and property
of the citizens.

   18. -  6. Secures  to the accused the right to a fair trial by
jury.

  19. - 7. Provides for a trial by jury in civil cases.

   20. -  8. Directs  that excessive  bail shall not be required;
nor excessive  fines imposed  nor cruel  and unusual  punishments
inflicted.

  21. - 9. Secures to the people the rights retained by them.

  22.- 10. Secures the rights to the states, or to the people the
rights they have not granted.

   23. -  11. Limits the powers of the courts as to suits against
one of the United States.

   24. -  12. Points out the manner of electing the president and
vice-president.


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  CONSTITUTIONAL. That which is consonant to, and agrees with the
constitution.

   2. When  laws are  made in violation of the constitution, they
are null  and void:  but the  courts will  not declare such a law
void unless there appears to be a clear and unequivocal breach of
the constitution.  4 Dall.  R. 14;  3 Dall. R. 399;  1 Cranch, R.
137;   1 Binn.  R. 415 6 Cranch, R. 87, 136;  2 Hall's Law Journ.
96, 255,  262;   3 Hall's  Law Journ.  267;    Wheat.  Dig.  tit.
Constitutional Law;   2  Pet. R. 522;  2 Dall. 309;  12 Wheat. R.
270;   Charlt. R. 175, .235;  1 Breese, R. 70, 209;  1 Blackf. R.
206 2  Porter, R.  303;  5 Binn. 355;  3 S. & R. 169;  2 Penn. R.
184;  19 John. R. 58;  1 Cowen, R. 550;  1 Marsb. R. 290 Pr. Dec.
64, 89  2 Litt.  R. 90;  4 Monr R. 43;  1 South. R. 192;  7 Pick.
R. 466;   13  Pick. R.  60 11  Mass. R. 396;  9 Greenl. R. 60;  5
Hayw. R.  271;   1 Harr. & J. 236;  1 Gill & J. 473;  7 Gill & J.
7;   9 Yerg.  490;   1 Rep. Const. Ct. 267;  3 Desaus. R. 476;  6
Rand. 245;   1  Chip. R.  237, 257;  1 Aik. R. 314;  3 N. H. Rep.
473;   4 N.  H. Rep. 16;  7 N. H. Rep. 65;  1 Murph. R. 58. See 8
Law Intell. 65, for a list of decisions made by the supreme court
of the United States, declaring laws to be unconstitutional.

  CONSTITUTOR, civil law. He who promised by a simple pact to pay
the debt  of another;  and this is always a principal obligation.
Inst. 4, 6, 9.

   CONSTRAINT. In  the civil  and Scottish  law, by  this term is
understood what,  in the  common law,  is known  by the  name  of
duress.

   2. It  is a  general rule,  that when  one is compelled into a
contract, there  is no  effectual  consent,  thougb,  ostensibly,
there is  the form  of it.  In such  case the  contract  will  be
declared void.

  3. The constraint requisite thus to annul a contract, must be a
vis aut  me us qui cadet in constantem virum, such as would shake
a man of firmness and resolution. 3 Ersk. 1, §16;  and 4, 1, §26;
1 Bell's Conn. B. 3, part 1, o. 1, s. 1, art. 1, page 295.

   CONSTRUCTION, practice. It is defined by Mr. Powell to be "the
drawing in inference by the act of reason, as to the intent of an
instrument, from  given circumstances,  upon  principles  deduced
from men's  general motives, conduct and action." This definition
may, perbaps,  not be sufficiently complete, inasmuch as the term
instrument generally  implies  something  reduced  into  writing,
whereas construction,  is  equally  necessary  to  ascertain  the
meaning of  engagements  merely  verbal.  In  other  respects  it
appears to be perfectly accurate. The Treatise of Equity, defines
interpretation to  be the  collection of the meaning out of signs
the most probable. 1 Powell on Con . 370.

  2. There are two kinds of constructions;  the first, is literal
or strict;   this  is uniformly  the construction  given to penal


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statutes. 1  Bl. Com.  88;   6 Watt's & Serg. 276;  3 Taunt. 377.
2d. The other is liberal, and applied, usually, to remedial laws,
in order to enforce them according to their spirit.

   3. In  the supreme  court of the United States, the rule which
has been uniformly observed " in construing statutes, is to adopt
the construction  made by  the courts  of the  country  by  whose
legislature the statute was enacted. This rule may be susceptible
of some  modification when  applied to British statutes which are
adopted in any of these states. By adopting them, they become our
own, as  entirely as  if they had been enacted by the legislature
of the state.

   4. The received construction, in England, at the time they are
admitted to  operate in this couutry - indeed, to the time of our
separation from  the  British  empire  -  may  very  properly  be
considered as  accompanying the  statutes themselves, and forming
an integral  part of  them.  But,  however  we  may  respect  the
subsequent decisions  (and certainly  they are  entitled to great
respect,) we  do not  admit  their  absolute  authority.  If  the
English courts  vary their  construction of  a statute,  which is
common to  the two  countries, we  do not hold ourselves bound to
fluctuate with them. 5 Pet. R. 280.

   5. The  great object  which the  law  has  in  all  cases,  in
contemplation, as  furnishing the  leading principle of the rules
to be observed in the construction of contracts, is, that justice
is to  be done  between the parties, by enforcing the performance
of their  agreement, according  to the  sense  in  which  it  was
mutually understood and relied upon at the time of making it.

  6. When the contract is in writing, the difficulty lies only in
the construction  of the  words;   when it  is to  be made out by
parol testimony,  that difficulty  is augmented  by the  possible
mistakes of  the witnesses  as to  the words used by the parties;
but still,  when the  evidence is received, it must be assumed as
correct, when  a construction is to be put upon it. The following
are the  principal rules  to be  observed in  the construction of
contracts. When.  the words  used are  of precise and unambiguous
meaning, leading  to no absurdity, that meaning is to be taken as
conveying the  intention of  the parties.  But  should  there  be
manifest absurdity  in the  application of  such meaning,  to the
particular occasion,  this will  let in  construction to discover
the true  intention of the parties: for example;  1st. When words
are manifestly  inconsistent with the declared purpose and object
of the  contract, they will be rejected;  as if, in a contract of
sale, the  price of  the thing  sold should  be  acknowledged  as
received, while  the obligation  of the seller was not to deliver
the commodity.  2 Atk. R. 32. 2d. When words are omitted so as to
defeat the  effect of  the contract, they will be supplied by the
obvious sense  and inference  from  the  context;    as,  if  the
contract stated  that the  seller, for  the consideration  of one
hundred dollars,  sold a horse, and the buyer promised to pay him
for the  said horse  one  hundred,  the  word  dollars  would  be


          Bouvier's Law Dictionary : C2 : Page 27 of 101


supplied. 1  3d. When the words, taken in one sense, go to defeat
the contract,  while they are susceptible of another construction
which will  give effect  to the  design of  the parties,  and not
destroy it, the latter will be preferred. Cowp. 714.

  8. - 2. The plain, ordinary, and popular sense of the words, is
to be  preferred to the more unusual, etymological, and recondite
meaning  or   even  to  the  literal,  and  strictly  grammatical
construction of  the words,  where these  last would  lead to any
inefficacy or inconsistency.

  9. - 3. When a peculiar meaning has been stamped upon the words
by the usage of a particular trade or place in which the contract
occurs, such  technical or peculiar meaning will prevail. 4 East,
R. 135.  It is  as if  the parties  in framing their contract had
made use  of a  foreign language, which the court is not bound to
understand, but which on evidence of its import, must be applied.
7 Taunt.  R. 272;   1  Stark. R.  504. But the expression so made
technical and  appropriate, and  the usage by which it has become
so, must be so clear that the court cannot entertain a doubt upon
the subject.  2 Bos.  & P.  164;  3 Stark. Ev. 1036: 6 T. R. 320.
Technical words  are to  be taken according to their approved and
known use  in the trade in which the contract is entered into, or
to wbich  it relates, unless they have manifestly been understood
in another sense by the parties. Vide 16 Serg. & R. 126.

   10. -  4. The  place where a contract has been made, is a most
material  consideration   in  its   construction.  Generally  its
validity is  to be  decided by  the law  of the place where it is
made;   if valid  there, it  is considered  valid every  where. 2
Mass. R.  88;  1 Pet. R. 317 Story, Confl. of Laws, 2;  4 Cowen's
R. 410,  note;  2 Kent, p. 39, 457, in the notes 3 Conn. R. 253 ,
472;   4 Conn. R. 517. Its construction is to be according to the
laws of  the place where it is made for example, where a note was
given in  China, payable  eighteen months after date, without any
stipulation as  to the  amount of interest, the court allowed the
Chinese interest  of one per centum per month from the expiration
of the  eighteen mouths. 1 Wash. C. C. R. 253 see 12. Mass. R. 4,
and the article Interest for noney.

   11. -  5. Previous  conversations, and  all that passes in the
course of  correspondence or negotiation leading to the contract,
are entirely  superseded by  the written  agreement. The  parties
having agreed  to reduce  the terms of their contract to writing,
the document is constituted as the only true and final exposition
of their  admissions and  intentions;  and nothing which does not
appear in  the written  agreement will be considered as a part of
the contract.  5 Co. R. 26;  2 B. & C. 634;  4 Taunt. R. 779. But
this rule  admits of some exceptions;  as, where a declaration is
made before  a deed is executed, showing the design with which it
was to  be executed, in cases of frauds;  1 S. & R. 464;  10 S. &
R. 292;  and trusts, though no trust was declared in the writing.
1 Dall. R. 426;  7 S. & R. 114.


          Bouvier's Law Dictionary : C2 : Page 28 of 101


   12. -  6. All contracts made in general terms, in the ordinary
course of trade, are presumed to incorporate the usage and custom
of the  trade to  which they  relate. The parties are presumed to
know such  usages, and  not to  intend to  exclude them. But when
there is  a special stipulation in opposition to, or inconsistent
with the custom, that will of course prevail. Holt's R. 95.

   13. -  7 .  When there  is  an  ambiguity  which  impedes  the
execution of  the contract,  it is  first,  if  possible,  to  be
resolved, on a view of the whole contract or instrument, aided by
the admitted  views of  the parties, and, if indispensable, parol
evidence may  be admitted  to clear  it,  consistently  with  the
words. 1 Dall. R. 426;  4 Dall. R. 34 0;  8 S. & R. 609.

   14. -  8.  When  the  words  cannot  be  reconciled  with  any
practicable  or   consistent  interpretation,   they  are  to  be
considered as  not made  use of  " perinde sunt ac si scripts non
essent."

   15. It  is the duty of the court to give a construction to all
written instruments;  3 Binn. R. 337;  7 S. & R. 372;  15 S. & R.
100 4  S. &  R. 279 8 S. & R. 381;  1 Watts. R. 425;  10 Mass. R.
384;   3 Cranch,  R. 180  3 Rand.  R. 586  to written  evidence 2
Watts, R.  347 and  to foreign laws, 1 Penna. R. 388. For general
rules respecting  the construction  of contracts,  see 2 Bl. Com.
379;   1 Bouv.  Inst. n.  658, 669;   2  Com. on Cont. 23 to 28 3
Chit. Com.  Law, 106  to 118  Poth. Oblig. P. 1, c. 1, art. 7;  2
Evans' Poth.  Ob. 35;  Long on Sales, 106;  1 Fonb. Eq. 145, n. b
Id. 440,  n. 1;  Whart. Dig. Contract, F;  1 Powell on Contr. 370
Shepp. Touchst.  c. 5 Louis. Code, art. 1940 to 1957;  Corn. Dig.
Merchant, (E 2,) n. j.;  8 Com. Dig. tit. Contract, iv.;  Lilly's
Reg. 794;   18  Vin. Abr.  272, tit. Reference to Words;  16 Vin.
Abr. 199,  tit. Parols;   Hall's  Dig. 33, 339;  1 Ves. Jun. 210,
n.;   Vattel, B.  2, c. 17;  Chit. Contr. 19 to 22;  4 Kent. Com.
419;   Story's Const. §397-456;  Ayl. Pa d. B. 1, t. 4;  Rutherf.
Inst. B.  2, c.  7, §4-11;   20 Pick. 150;  1 Bell's Com. 5th ed.
431;   and the  articles, Communings;  Evidence;  Interpretation;
Parol;   Pourparler. As to the construction of wills, see 1 Supp.
to Ves.  Jr. 21,  39, 56,  63, 228,  260, 273,  275, 364, 399;  1
United States  Law Journ.  583;   2 Fonb.  Eq. 309;    Com.  Dig.
Estates by  Devise. N  1;  6 Cruise's Dig. 171 Whart. Dig. Wills,
D. As  to the  construction, of Laws, see Louis. Code, art. 13 to
21;   Bac. Ab. Statutes, J;  1 Bouv. Inst. n. 86-90;  3 Bin. 858;
4 Bin  . 169, 172;  2 S. & R. 195;  2 Bin. 347 Rob. Digest, Brit.
Stat. 370;   7 Term. Rep. 8 2 Inst. 11, 136;  3 Bin. 284-5;  3 S.
& R.  129;   1 Peere  Wms. 207;   3 Burr. Rep. 1755-6;  3 Yeates,
108;   11 Co.  56, b;   1 Jones 26;  3 Yeates, 113 117, 118, 120;
Dwarris on Statutes.

   16. The  following words  and phrases  have received  judicial
construction in  the cases  referred to.  The references  may  be
useful to the student and convenient to the practitioner.

A and his associates. 2 Nott.& M'Cord, 400.


          Bouvier's Law Dictionary : C2 : Page 29 of 101


A B, agent. 1 Breese's R. 172.
A B, (seal) agent for C D. 1 Blackf. R. 242.
A case. 9 Wheat. 738.
A piece of land. Moor. 702;  S. C. Owen, 18.
A place called the vestry. 3 Lev. R. 96;  2 Ld. Raym. 1471.
A slave set at liberty. 3 Conn. R. 467.
A true bill. I Meigs, 109.
A two penny bleeder. 3 Whart. R. 138.
Abbreviations. 4 C. & P. 51;  S. C. 19 Engl. C. L. R. 268.
Abide. 6 N. H. Rep. 162.
About. 2  Barn. &  Adol. 106;   22  E. C. L. R. 36;  5 Greenl. R.
482. See  4 Greenl.  286. About  _____ dollars. 5 Serg. & Rawles,
402. About $150. 9 Shep. 121.
Absolute disposal.  2 Eden,  87;   1 Bro. P. C. 476;  2 Johns. R.
391;  12 Johns. R. 389.
Absolutely. 2 Pa. St. R. 133.
Accept. 4 Gill & Johns. 5, 129
Acceptance. There  is your  bill, it  is all right. 1 Esp. 17. If
you will  send it  to  the  counting-house  again,  I  will  give
directions for  its  being  accepted.  3  Camp.  179.  What,  not
accepted ?  We have  had the  money, and  they ought to have been
paid;   but I  do not  interfere;   you should  see my partner. 3
Bing. R.  625;  S. C. 13 Eng. C. L. R. 78. The bill shall be duly
honored, and  placed to  the drawer's  credit. 1  Atk. 611.  Vide
Leigh's N. P. 420.
Accepted. 2 Hill, R. 582.
According  to   the  bill  delivered  by  the  plaintiff  to  the
defendant. 3 T. R. 575.
According to their discretion. 5 Co. 100;  8 How,. St. Tr. 55 n.
Account. 5  Cowen, 587, 593. Account closed. 8 Pick. 191. Account
stated. 8 Pick. 193. Account dealings. 5 Mann. & Gr. 392, 398.
Account and risk. 4 East, R. 211;  Holt on Sh. 376.
Accounts. 2 Conn. R. 433.
Across. 1 Fairf. 391.
Across a country. 3 Mann. & Gr. 759.
Act of  God. 1 Cranch, 345;  22 E. C. L. R. 36;  12 Johns. R. 44;
4 Add. Eccl. R. 490.
Acts. Platt on Cov. 334.
Actual cost. 2 Mason, R. 48, 393, 2 Story's C. C. R. 422.
Actual damagei. 1 Gall. R. 429.
Adhere. 4 Mod. 153.
Adjacent. Cooke, 129.
Adjoining. 1 Turn. R. 21.
Administer. 1 Litt. R. 93, 100.
Ad tunc et indem. I Ld. Raym. 576.
Advantage, priority or preference. 4 W. C. C. R. 447.
Adverse possession.  3 Watts, 70, 77, 205, 345;  3 Penna. R. 134;
2 Rawle's  R. 305;   17  Serg. & Rawle, 104;  2 Penna. R. 183;  3
Wend. 337, 357;  4 Wend. 507;  7 Wend. 62;  8 Wend. 440;  9 Wend.
523;   15 Wend.  597;  4 Paige, 178;  2 Gill & John. 173;  6 Pet.
R. 61, 291 11 Pet. R. 41;  4 Verm. 155;  14 Pick. 461.
Advice. As per advice. Chit. Bills, 185.
Affecting. 9 Wheat. 855.
Aforesaid. Ld. Baym. 256;  Id. 405.


          Bouvier's Law Dictionary : C2 : Page 30 of 101


After paying debts. 1 Ves. jr. 440;  3 Ves. 738;  2 Johns. Ch. R.
614;  1 Bro. C. C. 34;  2 Sch. & Lef. 188.
Afterwards to wit. 1 Chit. Cr. Laws, 174.
Against all risks. 1 John. Cas. 337.
Aged, impotent, and poor people. Preamble to Stat. 43 Eliz. c. 4;
17 Ves.  @)73, in  notes;   Amb. 595;   7 Ves. 423;  Scho. & Lef.
111;  1 P. Wims. 674;  S. C. Eq. Cas. Ab. 192, pl. 9;  4 Vin. Ab.
485;   7 Ves.  98, note;   16  Ves.  206:  Duke's  Ch.  Uses,  by
Bridgman, 361;  17 Ves. 371;  Boyle on Charities, 31.
Agreed. 1 Roll's Ab. 519,
Agreement. 7  E. C. L. R. 331;  3 B. & B. 14;  Fell on Guar. 262.
Of a  good quality and mode rate price. 1 Mo. & Malk. 483;  S. C.
22 E. C. L. R. 363.
Aiding and  abetting. Act  of Congress  of 1818,  c. 86,  §3;  12
Wheat. 460.
Aliments. Dig. 34, 1, 1.
All. 1  Vern. 3;   3 P. Wms. 56;  1 Vern. 341;  Dane's Ab. Index,
h. t. All debts due to me.;  1 Meriv. 541, n.;  3 Meriv. 434. All
I am worth. 1 Bro. C. C. 487;  8 Ves. 604. All I am possessed of.
5 Ves.  816. All  my clothes  and linen  whatsoever. 3 Bro. C. C.
311. All  my household  goods and  furniture, except my plate and
watch. 2 Munf. 234. All my estate. Cows, 299;  9 Ves. 604. All my
real property.  18 Ves.  193. All  my freehold lands. 6 Ves. 642.
All and  every other  my lands,  tenements, and  hereditaments. 8
Ves. 256;   2  Mass. 56;  2 Caines' R. 345;  4 Johns. R. 398. All
the inhabitants.  2 Conn.  R. 20. All sorts of. 1 Holt's N. P. R.
69. All  business. 8 Wendell. 498;  23 E. C. L. R. 398;  1 Taunt.
R. 349;   7  B. &  Cr. 278,  283, 284.  All  claims  and  demands
whatsoever. 1 Edw. Ch. R. 34. All baggage is at the owner's risk.
13 Wend.  R. 611;   5 Rawle's R. 179;  1 Pick. R. 53;  3 Fairf R.
422;   4 Har.  & John.  317. All  civil suits.  4 S. & R. 76. All
demands. 2  Caines' R.  320, 327;   15  John R. 197;  1 Ld. Raym.
114. All  lots I  own in  the town  of F. 4 Bibb, R, 288. All the
buildings thereon. 4 Mass. R. 110;  7 John. R. 217. All my rents.
Cro. Jac.  104. All  I am  worth. 1 Bro. C. C. 437. All and every
other my  lands, tenements,  and hereditaments.  8 Ves.  246;   2
Mass. 56;  2 Caines' R. 345;  4 John. Ch. 388.
All other articles perishable in their own nature. 7 Cowen, 202.
All and every. Ward on Leg. 105;  Cox, R. 213.
All minerals, or magnesia of any kind. 5 Watts, 34.
All my notes. 2 Dev. Eq. R. 489.
All that I possess, in doors and out of doors. 3 Hawks, R. 74.
All timber  trees and  other trees,  but  not  the  annual  fruit
thereof. 8 D. & R. 657;  S. ic. 5 B. & C, R. 942.
All two lots. 7 Gill & Johns. 227.
All action. 5 Binn. 457.
Also. 4 Rawle, R. 69;  2 Bayw. 161
Amongst. 9 Ves. 445;  9 Wheat. R. 164;  6 Munf. 352.
And, construed  or. 3 Ves. 450;  7 Ves. 454;  1 Supp. to Ves. jr.
435;   2 Supp.  to Ves.  jr. 9,  43, 114;   1 Yeates, 41, 319;  1
Serg. & Rawle, 141. Vide Disjunction, Or.
And all the buildings thereon. 4 Mass. R. 110;  7 John R. 217.
And also. 1 Hayw. 161.
And so  on, from  year to  year, until the tenancy hereby created


          Bouvier's Law Dictionary : C2 : Page 31 of 101


shall be determined as hereinafter mentioned. 1 P. & D. 454;  and
see 2 Campb. R. 573;  3 Campb. 510;  1 T. R. 378.
And the plaintiff doth the like. 1 Breese's R. 125.
Annual interest. 16 Verm. 44.
Annually, or in any way he may wish. 2 M'Cord's Ch. R. 281.
Any person or persons. 11 Wheat. R. 392;  3 Wheat. R. 631.
Any court of record. 6 Co. 19.
Any goods. 3 Campb. 321.
Any creditor. 5 B. & A. 869.
Any other fund. 1 Colly. R. 693.
Any other  matter or  thing from  the beginning  of the  world. 4
Mason, 227.
Apartment. 10 Pick. 293.
Apparel. Goods and wearing apparel, in a will. 3 Atk. 61.
apparatus. 9 Law Rep. 207.
Appeals. 1 Breese's R. 261.
Appear. 2 Bailey's R. 513.
Appellate. 1 Breese's R. 261
Appropriation. 1 Scam. R. 344.
Approved paper.  4 Serg.  & Rawle, 1;  20 Wend. R. 431;  2 Campb.
532.
Appurtenances. 1  Serg. &  Rawle, 169;  8 Johns. R. 47, 2d edit.;
Com. Dig. Grant, E 9;  5 Serg. & Rawle, 110;  Holt on Shipp. 404;
9 Pick. 293;  7 Mass. 6;  12 Pick. 436.
Are. 2 B. & B. 223.
Arrears. Ward on Leg. 219;  2 Ves. 430.
Arrive. 17 Mass. 188.
Articles perishable in their own nature. 7 Cowen, 202.
As appears by the bond or by the books. 1 Wils. 339, 279, 121;  2
Str. 1157, 1209, 1219.
As appears by the master's allocator. 2 T. R. 55.
As executors are bound in law to do. 2 Ohio R. 346.
As follows. 1 Chit. Cr. Law 233.
As this deponent believes. 2 M. & S. 563.
Ass. 2 Moody, C. C. 3.
Asses-Cattle. 1 R. & M. C. C. 3;  2 Russ. Cr. & M. 498.
Assent to. 4 Gill & Johns. 5, 129.
Assignment, actual or potential. 5 M. & S. 228.
Assings. 5 Co. 77 b.
At. 2 Caines' Err. 158.
At and  from. 1 Marsh. Ins. 358, 261, a;  1 Caines' R. 75, 79;  1
New Rep. 23;  4 East, R. 130.
At any port or places. 1 Marsh. Ins. 191.
At his  will. Roll's  Ab. 845;   Bac.  Ab. Estate  for  life  and
occupancy, A.
At least. 8 W. & S. 470.
At such time and manner. 19 Ves. 387.
At twenty-one.  Payable at  twenty-one. 6 Ves. 245.;  7 ves. 412;
9 Ves. 225;  1 Bro. C. C. 91.
At the trial of the cause. 9 E. C. L. R. 202, 186.
At the wholesale factory price. 2 Conn. R. 69.
Attention, shall meet. 3 E. C. L. R. 407;  13 Id. 329.
Attest. 9 Mees. & W. 404.
Authority - Jurisdiction. 2 Bl. R. 1141.


          Bouvier's Law Dictionary : C2 : Page 32 of 101



Baggage. 6 Hill, N.Y. 586.
Baggage of  Passengers at  the risk  of the owners. 19 Wend. 234,
251;  21 Wend. 153;  26 Wend. 591;  17 Verm. 151.
Bank money. 5 Humph. R. 140.
Bank notes. 5 Mason's R. 549;  6 Wend. 346, 354.
Bankruptcy. 6 T. R. 684.
Bar-keeper. 3 S. & R. 351.
Bargain and sell. 4 Monr. R. 463.
Barley. 4 C. & P. 548.
Barrels. 7 Cowen, R. 681.
Beans. Bac. Ab. Merchant, &c. I. 1 Mood. C. C. 323.
Bearing Interest. 1 Stark. r. 452;  2 E.C. L.R. 466.
Beast. 1  Russ. C.  & M.  568;   1 Russ.  on Cr.  568;   Bac. Ab.
Sodomy.
Beef. 6 W. & S. 279.
Before the next term. 1 Binn. 76;  4 Yeates, 511.
Before the  first day  of the  term after  the  action  has  been
commenced. 4 Dall. 433.
Before the sitting of the court. 5 Mass. R. 197.
Beginning to keep house. 6 Bing. R. 363;  19 Ves. 543.
Begotten. To be begotten. Co. Litt. 20 b, and n. 3;  3 Leon. 5.
Belongs -  Belonging. 3 Conn. R. 467;  2 Bing. 76;  Chit. Pr. 475
n.;  11 Conn. R. 240;  1 Coxe's R. 255.
Believe. 2 Wend. 298.
Belong. 3 Conn. R. 467.
Benefits of my real estate, construed, 4 Yates, 23.
Benevolent purposes. 3 Mer. 17;  Amb. 585, n. (Blunt's Edit.)
Best of his knowledge and belief. 1 Paige, 404;  3 Id. 107, 212.
Between. 2 Saund. 158 b. n. 6;  1 Shipl. R. 201;  1 Mass. 91.
Between them. 2 Mer. R. 70.
Beyond sea.  3 Wheat. R. 541;  3 Cranch, R. 177;  14 Pet. C. 141;
I Harr.  & McHen.  89;   1 Har.  & J.  350;  2 McCord, R. 331;  3
Mass. R.  271;   1 Pick.  R. 263;  9 Serg. & Rawle, 288;  2 Dall.
217;  1 Yeates, 329. Vide Beyond 8ea, in the body of the work.
Beyond seas. 3 Wheat. 343;  9 S. & R. 291.
Bien. 2 Ves. 163.
Big. 2 Dev. R. 115.
Blubber. 1 Story, R. 603.
Board, boarding. 2 Miles, R. 323.
Bag. Cro. Car. 511.
Boiler. Wright, 143.
Book. 2 Campb. 25, 28, n.;  11 East, 244.
Book debt-Book  entries. 2  Miles, R.  101, 102;   3 Ired. R. 77,
443;  4 Ired. 110.
Bona fide. 1 Leigh. N. P. 326.
Boons. Sugd. Pow. 633, 671.
Bound by surety. 5 Serg. & Rawle, 329.
Bound with surety, 6 Binn. 53.
Bounded on the margin. 6 Cowen, 526.
Bounded on the road. 13 Mass. 259.
Breach of good-behaviour. 2 Mart. N. S. 683.
Brick factory. 21 Pick. R. 25.
Building. 16  John. R.  14;   13 John.  R. 346;   9 Bing. 305;  5


          Bouvier's Law Dictionary : C2 : Page 33 of 101


Mann. & Gr. 9, 33.
Business. 1 M. & Selw. 95.
Butcher. 1 Barn. & A. 617;  6 Watts & Serg. 269, 277.
By act and operalion of law. 3 Caines' R. 64.
By surety. 5 Serg. & Rawle, 329.
By a certain time. Penna. R. 48.
By any other means. 2 Co. 46
By virtue of his office. 3 E. C. L. R. 425.
By a stream. 3 Sumn. R. 170.
By next November. 3 Pa. 48.
By the year. 2 Miles, R. 302.

Cabinet of curiosities. 1 Cox, R. 77;  1 Bro. C. C. 467.
Came by descent, gift, or devise. 2 Pet. 58.
Cargo. 4 Pick. 433;  2 Gill & John. 134, 162.
Case-suit. 2 Murph. 320.
Catchings. 1 Story, R. 603.
Cattle. 1  R. &  M. C. C. 3;  2 Russ. C. & M. 498;  R. & R. C. C.
77;  2 East, P. C. 1074;  1 Leach, C, C. 72;  2 W. Black. 721;  2
Moody, C: C. 3.
Cause. 1 Supp. to Ves. jr. 510.
Cause of action. Wilk. on Lim. [49).
Cease. Coop. Ch. R. 14.5.
Cede. 1 liar. (N. J.) 181.
Certificate of deposit. 6 Watts & Sero,. 227.
Chamber or rooms. 3 Leon. 210.
Chambres. 5 Watts, R. 243,
Charged in execution. 4 T. R. 367.
Charges, costs, and expenses, 2 Wils. 267;  13 Serg. & Rawle, 79.
Charitable uses. Boyle on Charities, 281;  7 Ves. 79;  1 Mer. 86,
92, 93;   1  Sim. & Stu. 69;  1 Myl. & Craig, 286;  4 Wheat. App.
p. 6.
Charity. 9 Ves. 399.,
Cheat. 2 Hale's Hist. P. C. 183: Bac. Ab. Indictment, G 3.
Chiefest and discreetest. 13 Ves. 13.
Child, grandchild,  issue, son;   see  Legatee;  1 Ves. 290;  Id.
335;   Ambl. 397;   Id. 701;  5 Burr. 2703;  Cowp. 314;  3 Anstr.
684;   Lofft, 19;   7  T. R.  322;  1 East, 120;  2 Eden, 194;  2
Bro. C.  C. 33:  2 Ves.  jr. 673;   3 Ves. 232;  Id. 421;  4 Ves.
437;  Id. 692;  5 Ves. 530;  6 Ves. 43, Id. 345;  7 Ves. 522;  10
Ves. 160, Id. 176;  Id. 195;  13 Ves. 340;  1 Cox, 248;  Id. 327;
2 Cox,  184;  1 Ves. & Bea. 422, 462, 469;  2 Ves. & Bea. 213;  3
Ves. & Bea. 59, 67, 69, 113;  1 Meriv. 654;  2 Meriv. 382;  Dick.
344;   1 Eden, 64;  1 Bro. C. C. 530;  2 Bro. C. C. 68, 230, 658;
3 Bro.  C. C.  148, 347, 352, 434: 1 Bro. C. C. 55;  19 Ves. 125;
1 Ball  & B. 486;  Com. Dig. App., Devise of real property, x. 5,
6, 7, 8, 9;  Id. Devise of personal property, viii. 13.
Child's part.  2 Roll. R. 104;  Poph. 148;  1 Roll. R. 193;  Cro.
Jac. 417.
Children. 3  Paige, 10;   5 Ves. 530;  1 Ves. & Bea. 434;  4 Eng.
Ch. R. 565;  5 Conn. R. 228.
To such  child or children, if more than one, as may happen to be
enceinte by me. 17 Ves. 528.
To the  children which  I may  have by A, living at my decease. 1


          Bouvier's Law Dictionary : C2 : Page 34 of 101


Ves. & Bea. 422.
Chromate of iron. 5 Watts, 34.
Civil action. 6 Binn. 5;  1 Binn. 197.
Civil suit. 4 S. & R. 76.
Chuck-a-luck. 3 J. J. Marsh. 133.
Claim. 16 Pet. 538, 575, 576, 604, 615.
Clear. Ambl. 273;  2 Ves. 500. Ward on Leg. 222;  2 Atk. 376.
Clear of all charges and assessments whatever. 4 Yeates, 386.
Clear deed. 3 W. & S. 563, 565.
Closing an account. 7 Serg. & Rawle, 128;  8 Pick. 187.
Clothes. All my clothes and linen whatsoever. 3 Bro. C. C. 311.
Coal mine.  Cro. Jac.  150;   Noy, 121;   Gilb.  Ej. 61,  2d ed.;
Rosc. R. Act. 486.
Coasting trade. 3 Cowen, R. 713,
Coffer. 2 Hale's Hist. P. C. 3;  Bac. Ab. Indictment, G 3.
Cohabitation. 1  Add. R. 476;  3 Add. R. 277;  2 Tyrw. 76;  2 Cr.
& J. 66;  Rogers' Eccl. Law, tit. Marriage.
Collateral. Sugd. Pow. 76.
Collectable. 8 Watts, R. 361.
Come to. 1 Serg. & Rawle, 224;  2 Pet. R. 69, 94.
Commenced. 14 East, 539.
Commerce - Navigation. 9 Wheat. 1.
Commission and guaranty. 3 Whart. 288.
Commit. 3 Man. Gr. & Scott, 465, 477.
Commit suicide. 3 Man. Gr. & Scott, 477.
Commodities. 12 Mass 256.
Common law. 3 Pet. 447;  1 Gall. R. 19.
Complete Steam engine. 2 Hall, 3128.
Concealed. 12 Wheat. 493;  12 Wheat. R. 486.
Conclusive. 5 Binn. 387;  6 Binn. 128;  4 Yeates, 551.
Conditions performed. 1 Call. 567.
Confidence. Boyle on Char. 319;  2 Pa. St. R. 133.
Consent-Submission. 9 C. & P. 722.
Consentable lines. 10 Serg. & Rawles 110.
Construction. 3 Mont. 166.
Containing. 1 Murph. 348.
Contents unknown. 3 Taunt. R. 303.
Contrary to law. 1 Blackf. R. 318.
Convenieid speed,  or as  soon as  convenient. 19  Ves. 336, 390,
notes;  1 Ves. jr. 366.
Convey. 3 A. K. Marsh, 618.
Conveyance. 2 Serg. & Rawle, 498;  3 Mass. 487.
Convicted. 1  Wheat. 461;   15  East, R. 570;  7 Mann. & Gr. 481,
508.
Copper-fastened. 24 E. C. L. IR. 415.
Coppered, ship. 8 Pet. 557.
Corrupt. 1 Benth. Ev. 351.
Correcting-revising. 2 Shepl. 205.
Cost. 2 Wash. C. C. R. 498.
Costs. Wright, 121. Pay his own costs. 1 Hayw. 485.
Cotton in bales. 2 C. & P. 525.
Counly aforesaid. 2 Bl. R. 847.
Court of record. 5 Ohio R. 546. Vide 3 Wend. 267.
Cousins. 2 Bro. R. 125;  Ward on Leg. 121.


          Bouvier's Law Dictionary : C2 : Page 35 of 101


Covenants. Provided  always, and  it is  agreed that  the  lessor
shall find  great timber, Bac. Ab Covenant, A. I oblige myself to
pay so  much money.  Hard. 178. I am content to give A ten pounds
at Michaelmas, and ten pounds at Ladyday. 3 Leon. 119. With usual
covenants. 15 Ves. 528;  3 Anstr. 700.
Covenants Performed absque hoc. 6 Penn. St. Rep. 398.
Credible. Com. R. 91;  S. C. 1 Freem. 510.
Credible witness.  5 Mass.  219;  12 Mass. 358;  17 Pick. 134;  2
Bailey, R. 24;  8 Conn. 254.
Credit. Mutual  credit. 1  Atk. 228;   7  T. R.  378;  Montag. on
Set-off, 48;   8  Taunt. 22;   S.  C. 4  Eng. Com. Law Rep. 4;  1
Marsh. R. 190;  S. C. 4 Eng. C. L. 335.
Creditors and subsequent purchasers. 5  Cranch, 165.
Criminal proceeding. 2 Q. B. 1.
Cross. 5 Pick. 163.
Cruise of three months. 2 Gallis. 526.
Cultivation. 2 N. H. Rep. 56.
Curby hock. Oliph. on Horses, .10.
Currency. 1 Ohio R. 119.
Current money. 1 Dall. 126, 176.
Current rate of exchange to be added. 2 Miles, R. 442, 443.
Current lawful money. 1 Dall 175.
Current bank  notes. 1  Hamm. R. 178. See also 1 Hamm. R. 531;  1
Breese, R.  152;  3 Litt. R. 245;  19 John. R. 146;  1 Dall. 126,
176;  1 Ohio R. 119.
Current bank money. 5 Humph. R. 140.
Curricle. Anthon, 114.
Cutting. Russ. & Ry. Cr. Cas. 104.

Damages. 5 Cowen, 161.
Damna. Bac. Ab. Costs, (L.)
Dangerous weapon. 1 Baldw. 78.
Dangers of the navigation. 9 Watts, R. 87.
Date. Co.  Litt. 46,  b, note (8);  Bulstr. n. 177;  Stiles, 382;
Com. Dig.  Estates, G  8;  Id. Bargain and Sale, B 8;  Id. Temps,
A;  Vin. A.b. Estates, Z a;  Id. Time, A.
Day. (fraction  of,) 1  Cowen, 594;  6 Cowen, 611;  I Nott & McC.
405;  3 Penna. R. 245.
Day of  the date.  Co. Litt.  46 b, note, (8);  Powell on Powers,
498, et seq. to 533. Vide Dale, above.
Day time. 9 Mass. 154.
Days. Running days. Working days. 1 Bell's Com. 577, 5th ed.
Dealings. M. & M. 137;  3 C. & P. 85;  S. C. 14 E. C. L. R. 219.
Death. Swanst. 161.
Debt, contracted. 2 B. & C. 762;  9 E. C. L. R. 236.
Debts due to me at my decease. 9 Sim. 16.
Debts now due. 3 Leigh, R. 389. See 4 Rawle, R. 307.
Declare. 3 Co. 82, b i Co. Litt. 76, a, 290, b;  3 T. R. 546.
Deed. A  good and  sufficient deed.  Wright's R. 644.  A good and
sufficient warranty deed. 15 Pick. R. 546.
Default. Platt on Cov. 335.
Definitive. 1 Watts, 257.
Delivered. 7 D. & R. 131;  16 E. C. L. R. 277.
Demands in full. 9 S. & R. 123.


          Bouvier's Law Dictionary : C2 : Page 36 of 101


Demise. 2  Caines' R.  188;   8 Cowan's  R. 36;  4 Taunt. 329;  8
Mass. R. 201;  8 Cowen, 36.
Depart (To). 3 M. & S. 461.
Depending. 5 Co. 47, 48;  7 Co. 30;  9 B. & C. 755;  4 Bing. 561;
8 B. & C. 635.
Deponent believes. 2 Str. 1209, 1226;  2 Burr. 655;  1 Wils. 231.
Descendants. 3 Bro. C. C. 367.
Descent. 2 Pet. R. 94;  1 S. & R. 224;  11 S. & R. 232.
Desire. 1 Caines' R. 84;  1 Bro. C. C. 489.
Deviation. 3 Ch. Com. L. 471.
Devise. All messuages, lands. 17 Ves. 64.
Devolve. 1 M. & K. 647.
Die by his own hands. 5 Mann. & Gr. 639.
Diligent inquiry. 1 Meigs, R. 70.
Discharge. Her receipt to be a sufficient discharge. 3 Bro. C. C.
362.
Discharge of  all demands.  Ward on  Leo. 222;   2  Vern. 114, by
Raithb.
Discount-Discounted. 15 Johns. 168;  8 Wheat. 338;  4 Yeates 223;
2 Cowen, 376;  19 Johns. 332.
Discounting. 5 Mann. & Gr. 590.
Disguring. Cheves, 157.
Disparagement. I lred. Eq. R. 232.
Dispose of.  1 Watts,  386;  3 Atk. 287;  Rob. on Wills, 3, Appx.
note 3;  14 Pet. R. 529.
Disposing mind and memory. 2 South. 454.
Distiller. Pet. C. C. R. 180;  2 Wheat. 248.
Distribute. 11 S. & R. 232.
Divide. Boyle on Charities, 291.
Division. 4 T. R. 224, 459.
Do the needful. 4 Esp. 65;  4 Esp. R. 66.
Doctor. 2 Campb. 441.
Domus. 4 Leon. 16.
Doth bargain and sell. 4 Mont. R. 463.
Down the  said creek with the several meanders thereof. 2 Ohio R.
309.
Due. 3 Leigb, 389;  4 Rawle, 307.
Due A B. 2 Penn. R. 67.
Due A B $94 on demand. 5 Day, R. 337;  and see 2 Cowen, R. 536.
Due course of law. 3 Cranch, 300;  5 Cranch, 363;  1 Wheat. 447.
Due security. Sax. Ch. R. 259.
Duly honored. 7 Taunt. 167;  2 E. C. L. R. 63;  7 Taunt. R. 164.
Dunce. Cro. Car. 382;  1 Roll. Ab. 55;  Bac. Ab. Slander, I.
Dying without children. 5 Day, 617.
Dying by his own hands. 5 Mann. & Gr. 639.
Dying without issue. 12 East, 253;  3 East, 303, 491;  1 Ves. Jr.
562;  10 Ves. 562;  17 Ves. 482.
Dying without  lawful issue. 10 Johns. R. 12;  5 Day, 20;  2 Bro.
C. C. 553.

Each. 1  B. &  C. 682;  8 C. & R. 184;  Watts, 51;  10 Serg. & R.
33.
Eadem. Co. Litt. 20 b.
Effects. 13  Ves. 39;   15 Ves. 326, 507;  Cowp. 299;  1 Hill, S.


          Bouvier's Law Dictionary : C2 : Page 37 of 101


C. 155.  Estates and effects. 1 Ves. & Beam. 406;  1 East. R. 53;
11 East, 290;  Russ. & Ry. Cr. Cas. 66.
Emigrant laborers.  2 Man.  & Gr.  574, 589;  40 E. C. L. R. 520,
528.
Ended. 10 S. & R. 391.
Engagement. 15 John. 395, 390.
Entreat. 2 Madd. 458;  2 Ves. & Bea. 378.
Equally. Cowp. 657;  3 Ves. 260;  Dougl. 760;  9 East, 276.
Equally to be divided, this phrase construed. 1 Rop. Leg. 266;  1
Atk. 494;   3 Bro. C. C. 25;  5 Ves. 510;  Addis. 310;  3 S. & R.
135;  1 Wils. R. 341;  1 Desaus. 329.
Erect. 8  Ves. 191;   3 Mad. R. 306;  2 Ves. 181;  2 Ves. 247;  1
Bro. C. C. 444;  Amb. 751.
Erection. 9 Car. & P. 233.
Erection and improvements. 2 Man. & Gr. 756, 757;  40 E. C. L. R.
612.
Errors excepted. Gow an Partn. 136;  3 Bro. C. C. 266.
Establishing. 3  Madd. R.  306;   Boyle on Char. 93;  2 Cox, 387;
S. C. 4 Bro. C. C. 326.
Estate. 3  Cranch, 97;   3 Yeates, 187;  6 Binn. 97;  2 Binn. 20;
6 Johns.  R. 185;   1 Wash. R. 96;  1 Call, 127;  3 Call, 306;  2
Nott &  M'Cord, 380;   1  Dall. 226;   12  Serg. &  Rawle, 54;  1
Yeates, 250,  380;   1 Salk. 236;  6 T. R. 610;  11 East, 246;  2
Ves. &  Bea. 222;   2  Atk. 38;  3 Atk. 486;  Ambl. 155, 216;  12
Mod 592;  1 T. R. 659, n.;  8 Ves. 604;  9 Veg. 137;  1 Cox, 362;
2 Ves. & Bea. 225;  19 Ves. 195;  3 Ves. & Bea. 160.
Estates and  effects. 1  Ves. & Bea. 406. Temporal estate. 8 Ves.
617. All  the residue  of my estate of every name and kind. 4 Law
Rep. 256.
Every of them. 12 S. & R. 158.
Evidence. Conclusive Evidence. 1 Leigh's N. P. 307.
Except what shall be mentioned hereafter. Monr. 399.
Excepting. Perk. S. 439;  Crabb on R. P. §157.
Execute. 2 Green's R. 350.
Exclusive of costs. 1 Edw. R. 483.
Expectation. Boyle on Char. 319.
Expenes. 15 Serg. & Rawle, 55.
Extend. 1 Paine's R. 385.

Fac similes. 7 Mann. & Gr. 399
Factory prices. 2 Conn. R. 69;  2 Mason, 89, 90.
Factum. 1 Leon. 310.
Faithful. 12 Pick. 303.
Falsely. 2 M. & Selw. 379;  Noy. 35;  Owen, 51.
Farcy. Oliph. on Horses, 42.
Family. Cooper's R. 317;  8 Ves. 604.
Farm. 6 T. R. 345.
Father, on the part of the. 1 Serg. & Rawle, 224.
Feeder. 13 Pick. 50.
Fifty pounds. (50 l) Sid. 151.
Filled. 1 Breese's R. 70.
Final. Final and conclusive. 5 Binn. 387;  6 Binn. 128.
Final judgment. 2 Pet. R. 264, 464.
Final decree. 8 Wend. 242.


          Bouvier's Law Dictionary : C2 : Page 38 of 101


Final settlement  and decree.  4 Am. Dig. 283;  1 Halst. 195;  17
Serg. &  Rawle, 59, 340;  14 Serg. & Rawle, 396;  1 Penn. R. 282;
2 Pet. R. 464.
Final process. 16 Pet. 313.
Fine. 5 M. & W. 535.
Firmly. 4 S. & R. 135;  1 Browne, R. 258.
First born son. 1 Ves. 290.
First cousin or cousins german. 4 M. & C. 56.
First had and obtained. 1 Serg. & Rawle, 89.
First or sterling cost. 1 Stuart's (L. C.) R. 215.
Fixed furniture. 6 C. & P. 653.
Flats. 8 W. & S. 442.
Flock. Inst. 4, 3, 1.
Flock of sheep. Inst. 2, 20, 18.
Fold course. Touchs, 93;  Co. Litt. 6.
For. Dougl. 688;  1 Saund. 320, n. 4;  Willes, 157.
For and in consideration of dollars. 7 Verm. 522;  6 Verm. 411.
For such times as we think fit. 1 Chit. Com. Law. 495.
For value received. 18 John. 60;  8 D. & R. 163;  S. C. 5 B. & C.
501.
For which he has not accounted. 4 Burr. 2126;  1 T. R. 716.
For whom it may concern. 1 Pet. R. 151.
Foreign bills. 19 John. R. 146.
Foreign part, place. 2 Gall. R. 4;  19 John. 375.
Foreign voyage. 1 Gall. R. 55, 142.
Foreign part. 19 Johns. 375;  4 Am. Law Journ. 101.
Foreign state. 5 Pet. 1.
Foreign vessel. 1 Gall. R. 58.
Foreigner. 1 Pet. R. 349.
Forever. 6 Cruise, 281;  4 Dane's Ab. c. 129, art. 2, §14.
Forthwith. I  Mo. & Malk. 300;  S. C. 22 E. C. L. R. 313;  9 C. &
P. 706;   S.  C. 38 E. C. L. R. 299, 801;  12 Ad. & Ell. 672;  S.
C. 40 E. C. L. R. 158, 160, 161, 162;  7 Mann. & Gr. 493.
Forards and backward. 2 New Rep. 434.
Four mills. 1 Mod. 90.
Fourth part of house in N. Cro. Eliz. 286;  1 Str. 695.
Fowl. 1 Russ. C. & M. 568.
Frame house filled with bricks. 7 Wend. 270.
Fraudulently. Willes, 584;  1 Chit. Pl. 376.
Free. 1 Wh. 335;  2 Salk. 637.
Free of average. 16 East, R. 214.
Free of  particular average.  16 East,  R. 14;   15 East, R. 559;
Code de Commerce, art. 409.
Free on board a foreign ship. 3 Campb. R. 270.
Freely to be enjoyed. Cows. 352;  3 Burr. 1895;  11 East, R. 220.
Freight. 1 Mason, R. 11, 12.
From. 1 Marsh. Ins. 261, a;  2 Cowen, 605, 606, n. 518;  15 Mass.
193;  1 S. & R. 411;  8 S. & R. 496;  5 T. R. 283;  2 Saund. 158,
b, n.  6;  5 Com. Dig. 335;  4 Cruise, 72;  Greenl. Cas. 9;  6 W.
& S. 328.
From and after. 9 Cranch, 104;  2 Cowen, 606 n.;  4 T. R. 659.
From the day of the date. Cowper, 717, 725.
From the date, 15 S. & R. 135.
From 1000 to 3000 bushels of potatoes. 4 Greenl. 497.


          Bouvier's Law Dictionary : C2 : Page 39 of 101


From thenceforth. 2 Mer. R. 431.
From and after the passing of the act. 4 T. R. 660.
Front to  the river.  6 M. R. 19, 228,229;  8 N. S. 576;  9 M. R.
656.
Full and free. 1 Wh. 335.
Full cargo. 7 Taunt. 272.
Fully. Pow. on Morts. 83, 858.
Fur. 7 Cowen, 202.
Furniture. Amb. 605;  3 Ves. 311;  1 John. Ch R. 3@9,
Furniture at ___  3 Madd. 276.
Future. 7 W. & S. 305;  2 Pa. St. R. 146.
Future increase.  3 Yerg.  546. See  2 Bibb,  76;  4 Hen. & Munf.
283.
Future conveyances. 2 P. St. R. 146.

Gamble. 2 Yerger, 472.
Geldings, cattle. 1 Leach, C. C. 73, n.
Gentlemen. 21Y. & C. 683;  21 Jurist, 152
Gift. I give thir, note to A. 4 Ves. 565. I return to A his bond.
3 Ves. 231.
Gelding-horse. 3 Humph. 323.
Give. 2  Caines' Rep.  188;  7 John. R. 255;  11 John. R. 122;  5
Greenl. R. 227.
Give and grant. 1 Hayw. R. 251.
Given. I Harr. (N. J.) R. 286.
Giving testimony in a suit. 3 Harr. Cond. Lo. R. 157.
Giving way. 10 (Eng.) Jur. 1065.
Glass with care, this side up. 11 Pick. R. 41.
Glass eye. Oliph. on Horses, 44.
Good. 5 M. & W. 535.
Good and lawful men. 1 Blackf. R. 396..
Good note. 7 Verm. 67.
Good custom cowhide. Brayt. 77.
Good and sufficient deed. Wright, 644.
Good and  sufficient warranty  deed. 15 Pick. 546;  20 John. 130;
4 Paige R. 628. Good merchantable goods. 3 Campb. R. 462.
Good work. Wright, R. 47 1.
Goods. 2  Ves. Jr.  163;   3 Atk.  63;  1 P. Wms. 267;  2 P. Wms.
302;   1 Atk.  171, 177, 180, 182;  1 Ves. Jr. 237;  1 Bro. C. C.
127;   11 Ves. 666;  1 Marsh. Ins. 319;  7 Taunt. 191;  2 B. & A.
327;  4 B. & A. 206;  9 East, 215;  5 Mason's R. 544.
Goods and  chattels. 2  B. &  A. 335;   1  Leigh's N.  P. 244;  1
Yeates, 101;   2  Watts, 61;   8 Co. 33;  2 East, P. C. C  16, s.
37;   2 B.  & A.  259, 327;  6 Bing. 363;  4 Mo. & P. 36;  1 Ves.
sen. 363;  1 Atk. 165.
Goods and movables. 1 Yeates, R. 101.
Government security. 3 Younge & C. 397.
Government or other securities. 9 Sim. 104.
Grange. Co. Litt. 5;  Plowd. 197;  Touch. 93.
Grant, bargain,  sell, alien,  and confirm.  2 Caines' R. 188;  7
Johns. R. 258;  Com. Dig. Guaranty, A.
Grant, bargain, sell. 4 Dall. 441;  2 Binn. 09;  1 Rawle, 377;  1
Serg. & R. 50, 438;  4 Kent's Com. 460.
Grant and demise. 4 Wend. 502;  8 Cowen, 36;  9 Ves. 330.


          Bouvier's Law Dictionary : C2 : Page 40 of 101


Grantee. 1 Cowen, 509.
Ground. 1 Supp. to Ves. jr. 510.
Ground-rents. I Meriv. 26;  2 Str. 1020;  1 Bro. C. C. 76.
Growi?tg. 4 Leon. 36.
Gutta serena. Oliph. on Horses, 44.

Habitable repair. 2 Mo. & Rob. 186
Half mile. 9 B. & C. 774.
Has bargained and sold. 4 Cowen, 225.
Have. 2 Bendl. 34.
Having. 2 Ves. 427;  11 Ad. & El. 273;  39 E. C. L. R. 80.
Having children. 7 T. R. 322;  7 Ves. 453.
He has re7wved la?id-7iiarks. 10 S. & R. 18. See Minor, 138.
He is perjured. 1 Caines, 347. 2 Caines, 91.
He is forsworn. 1 Caines, 347.
He is a corrupt old tory. 2 Port. 212.
He keeps  false books, and I can prove it. 17 John. 217;  5 John.
476.
He paying thereout. Dick. 444;  3 East, 590.
He shall be well satisfied. 2 John. Rep. 395.
He swore  a lie  before the church session, and I can prove it. 1
Penna. 12.
He swore  a false  oath, and I can prove it. 2 Binn. 60;  4 Bibb,
99;  2 Dall. 58.
Heir male. 4 Ves. 794;  Id. 326.
Heirs. 1 Car. Law Rep. 484.
Heirs at law. 4 Rand. R. 95.
Heirs of  the body, 2 Bligh, 49. Vide 4 T. R. 300;  Id. 88;  8 T.
R. 373;  3 Ves. jr. 257;  13 Ves. jr. 340.
Heirs female.  Co. Litt.  24 b,  n. 3;   5  Bro. Parl.  Rep.  93;
Goodtitle v. Burtenshaw, Fearne, Rem. Appx. No. 1.
Heirs of the wife. 6 Yerg. R. 96.
Henceforth. 9 Serg. & Rawle, 133.
Her. 1 Desaus. R. 353.
Her increase. 1 Iredell, 460.
Her part aforesaid. 4 Dowl. & R. 387.
Hereinafter - Hereinbefore. 1 Sim. Rep. 173.
Hereditament. 1  Salk. 238 ,Mos. 242;  3 T. R. 358;  7 T. R. 558;
8 N. R. 505;  2 B. & P. 247, 251;  6 Nev. & M. 441;  4 Ad. & Ell.
805.
Head of a family. 2 How. S. C. Rep. 581, 590.
Hides. 7 Cowen, 202.
High seas. Russ. & Ry. 243;  2 Leich, 109;  3 Mason's R. 290.
Him or His. 2 Ves. 213.
Hiring. 6 T. R. 452.
Holiday. 4 Clark & Fin. 234.
Homestead-Homestead farms. 7 N. H. Rep. 241;  15 John. R. 471.
Hope. Boyle on Char. 319.
Horse. 1 Scam. R. 304.
Horse-Gelding. 3 Humph. 323.
Horse, Mares and Colts - Cattle. 2 East, P. C. 1074;  1 Leach, C.
C. 72.
Hotel keeper. 1 Carr. & Marsh. 458.
House. 7 Mann. & Gr.. 66, 122.


          Bouvier's Law Dictionary : C2 : Page 41 of 101


House I live in and garden to B. 2 T. R. 298.
Household goods.  3 Ves. jr. 310;  1 John. Ch. R. 329;  3 P. Wms.
335.
Household furniture. 2 Hall, R. 490.

I guaranty  the payment  of the  within note at the insolvency of
the drawers. 5 Humph. 476.
I return A his bonds. 3 Ves. 231.
I warrant this note good. 14 Wend. 231.
If. Touchs. 123;  Co, Lit. 204;  Id. 214 b
Immediate. 2 Lev. 77;  7 Mann. & Gr. 493.
Immediately. 4 Younge & Col. 511.
Immovables. Ward on Leg. 210.
Impedimentum. Bac. Tr. 211.
Impelitio. Bac. Tr. 211.
Implements. 9 Law Reporter, 207.
Improvement. 4 Pick. 204.
In all the month of May. 3 W. C. C. R. 140.
In actual military service. 3 Curt. R. 522;  7 Eng. Eccl. R. 496.
In current  bank notes. 1 Ham. R. 178. See also 1 Ham. R. 531;  1
Breese, R.  152, Litt.  R. 245;   1 Ohio R. 119;  1 Dall. R. 126,
176;  19 John. R. 146.
In default of such issue. 7 East, R. 521;  3 T. R. 484.
In fullest confidence. T. & R. 143
In like manner. Ward on Leg. 246;  4 Ves. 732;  1 Sim. & St. 517.
In manner aforesaid. Ward on Leg. 246;  5 Ves. 465.
In the fullest confidence. Turn. & Russ. 157.
In money or negroes. 4 Bibb, R. 97.
In the occupation of. 2 Bing. R. 456. 1 B. & C. 350.
In case of the death. Swanst. 162.
Income. 9 Mass. R. 372;  1 Metc. 75.
Inde. Co. Litt. 82 b.
Indebted. 15  Serg. &  Rawle, 142;. 3 Caines' R. 323;  17 S. & R.
285.
lndefeasible title. 3 Bibb, R. 317.
Indirect. 2 Gill & John. 382.
Indorse. 7 Pick. 117.
Infamous crime. 1 Moody, Cr. Cas. 34, 38.
Inferior tradesmen. 1 Lord Raym. 149;  Com. Rep. 26;  5 Mod. 307;
Bac. Ab. Costs, B.
Inhabitants of a neighborhood. 10 Pick. R. 367.
Insolvent circumstances.  2 Harr. Dig. 202;  Chit. on Bills, 120;
McClel. & Yo. 407.
Istantly. 3 Perr. & Dav. 52;  8 Dowl. 157.
Intended to be recorded. 2 Rawle, 14.
Intent to  defraud-Intent to deceive. Rob. Fr. Cony. 30;  and see
8 John.  R. 446;   12 John. 120;  2 John. Ch. R. 35;  4 Wheat. R.
466.
Intents and purposes. To all intents and purposes. 11 Ves. 530.
Investment. 15 Johns. 384, 392
Irregularly. 1 Cowen, 73@'S, b.
Irreparable. 3 Mart. N. S. 25.
Is indebted to the plaintiff in trover. 1 H. Bl- 218.
Is indebted  to the  plaintiff upon  promises. 2 Dougl. 467;  and


          Bouvier's Law Dictionary : C2 : Page 42 of 101


see Say, R. 109.
Issue. 3  Ves. & Bea. 67;  13 Ves. 340;  3 Ves. 421;  7 Ves. 522;
1 Dall.  47;   1 Yeates, 332;  3 Ves. 257;  1 Cox, 38. Failure of
issue. 1 B. B. 1. Die without issue. 17 Ves. 482.
Issuably. 3 Chit. Pr. 705.
It shall and may be lawful. 1 Edw. R. 84.
It shall be lawful. 8 N. S. 539.
It shall be lawful for the court. 1 John. Ch. R. 491.
Ita quod. Ld. Raym. 760.

Jewels. Ward on Leg. 221;  Mos. 112.
Jewelry. 14 Pick. 370. Vide infra Trinkets.
Jockey. 8 Scott, N. S. 5S4. ,
Joint and  equal proportions.  Jointly. Ambl.  656;  1 Bro. C. C.
118;   2 Rop. Leg. 267. Joint and several. 2 Day, 442;  1 Caines'
Cas. 122;   1  Consts. R.  486;   1 Cox,  200;  4 Desaus. 148;  7
Serg. & Rawle, 356.
Judicial proceedings. 5 Ohio, 547;  3 M. R. 248;  4 M. R. 451;  6
M. R.  668;   7 M. R. 325;  9 M. R. 204, 325;  10 M. R. 1;  L. R.
438;  3 N. S. 551;  5 N. S. 519.
Junior. 8 John. 549;  8 Conn. R. 293.
Just debts. 1 Binn. 209;  9 Mass. 62.
Justafiable cause. 1 Sumn. 194.

Kept. 4 Scamm. 168.
Kin. Next  of kin. 15 Ves. 109;  Id. 583;  3 Bro. C. C. 355. Next
of kin  or heir at law. 4 Ves. 469. Next of kin, in equal degree.
12 Ves. 433.
King's enemies. 1 Leigh's N. P. 509.
King and being privy to. Platt on Cov. 338.

Laborer. 1 Lo. Rep. 268.
Lamb-Mutton. 1 Moody, Cr. Cas. 242;  and see Russ. & Ry. 497.
Lampooner. 3 Lev. 248.
Last past-August last past. 3 Cowen, 70.
Last sickness. 20 John. 502.
Last will. 7 T. R. 138.
Law charges. 3 Mart. Lo. R. 282.
Law of  the land. 2 Yerg. 554;  6 Penna. St. Rep. 87, 91;  4 Dev.
1.
Lawful. Lawful heir. 2 T. R. 720.
Lawful deed of conveyance. 2 Serg. & R. 499.
Lawful money. 1 Yeates, 349;  1 Dall. 126, 176.
Lawful, Shall  be. 2  D. & R. 172;  4 B. & A. 271;  1 B. & C. 35,
8.
Lawful title. 1 Blackf. 380;  2 Greenl. R. 22;  10 John. R. 266.
Lawful deed. 2 S. & R. 498;  Coxe, 106.
Lawful current money of Pennsylvania. 1 Dall. 124.
Lawfully demanded. 2 M. & S. 525.
Leaving children.  7 T.  R. 332, and see 7 Ves. 453;  9 Ves. 204;
6 T. R. 307. Vide Having Children.
Leasehold ground rents. Ward on Leg. 222;  1 Bro. 76.
Legal representatives.  3 Ves.  486;  3 Bro. C. C. 224;  1 Yeates
213;   2 Yeates,  585;   2 Dall.  205;   6 Serg.  & Rawle, 83;  1


          Bouvier's Law Dictionary : C2 : Page 43 of 101


Anstr. 128.
Lend. 1 Hill's Ch. 37.
Lent.. Bac. Ab. Assumpsit F;  2 Wils. 141.
Let. 5 Whart. R. 278.
Level. 5 Ad. & El. 302;  4 Nev. & Man. 602.
Life estate.  500 to  the sole  use of  N, or  of  her  children,
forever. 1  Cox, 341;   vide  12 Ves. 295;  1 Rose, 200;  13 Ves.
486;  13 Ves. 445;  2 Eden, 323;  Amb. 499;  4 Bro. C. C. 541;  1
Bay, 447.
Limit and appoint. 5 D. & E. 124.
Limn. 3 Bro. C. C. 311.
Literary composition. Eden, Inj. 324.
Live and dead stock. Ward on Leg. 220;  3 Ves. 311.
Livelihood. 3 Atk. 399.
Living together.  1 Add.  R. 476;  3 Add. R. 277;  2 Tyrw. 76;  2
Cr. & J. 66;  Rogers' Eccl. Law, tit. Marriages.
Loaded arm. 1 Carr. & Kirw. 530;  S. C. 47 Eng. C. L. R. 530.
Lost or  not lost.  1 Marsh.  Ins. 332;   Park, Ins. 25;  5 Burr.
2803;  Wesk. 345.
Loaf sugar. 1 Sumn. R. 159.
Lot No. 54. 1 Verm. R. 336;  18 John. R. 107;  5 N. R. Rep. 58.
Lots. 4 Ohio, 5.
Lying at the wharf. 2 McCord, 105.

Made. 1 Cranch, 239. @
Made his note to the plaintiff for $760. 1 Breese's R. 122.
Magistrate. 13 Pick. 523.
Make over and grant. 18 John. 60;  3 John. R. 484.
Maintenance. 4  Conn. R.  558;   2 Conn. R. 155;  2 Sandf. Ch. R.
91. See Support.
Mange. Oliph. on Horses, 46.
Mankind. Fortescue. 91.
Mare. 1 Leach, 72;  2 W. Bl. 721;  2 East, P. C. 1074.
Manner or Seaman. 2 Curt. Eccl. R. 336.
Mark. Trade mark. See 19 Pick. 214.
Married. Dying  unmarried;   without being  married,  and  having
children. 1 Rop. Leg. 412;  3 Ves. 450, 454;  C, 7 Ves. 454.
Matter in  controversy. 2  Yeates, 276;  1 Serg. & Rawle, 269;  5
Binn. 522;  3 Dall. 404;  2 Dall. 260, n.
Matter in dispute. 3 Cranch, 159.
Matters in difference. 5 Mass. 334.
May. 1  Saund. 58, n. 1;  5 Johns. Ch. R. 101;  5 Cowen, 195;  14
Serg. & Rawle, 429;  1 E. C. L. R. 46;  1 Pet. R. 46.
May assign. May suggest. Ib.;  St 8 and 9 W. 3, c. 11, s. 8.
Meadows. 5 Cowen's R. 216;  Co. Litt. 4, b.
Means. Platt. on Cov. 334-5.
Medals. Ward. on Leg. 221;  3 Atk. 201.
Merchandise. 8 Pet. 277.
Merchantable. 3 Campb. R. 462.
Merchantable quality. 20 Wend. R. 61.
Merits. 3 Watts & Serg. 273.
Mess. 2 Russ. C. & M. 360.
Mess Pork of Scott & Co. 2 Bing. N. C. 668.
Messuage and  house. Cro. Eliz. 89;  2 Ch. Cas. 27;  2 T. R. 498;


          Bouvier's Law Dictionary : C2 : Page 44 of 101


1 Boss. & Pull. 53.
Mill. 5 Serg. & Rawle, 107.
Mill privilege. 4 Shepl. R. 63.
Mill saw. 1 Fairf. R. 135.
Mill site. 15 Pick. 57;  6 Cowen, R. 677;  11 John. R. 191.
Minerals. 5 Watts, 34.
Misapply. 12 Ad. & Ell. 140;  40 E. C. L. R. 140.
Misnomer. 16 East, 110;  2 Stark. N. P. C. 29;  Dunl. Pr. 238;  3
Camp. 29;  2 Caines' R. 362;  13 John. 486.
Mobilier. 3 Harr. Cond. R. 430.
Molest. Mo. 402;  S. C. Cro. Eliz. 421.
Money. 15 Ves. 319;  3 Meriv. 691;  1 John. Ch. R. 231.
Money only. 7 T. R. 539, 549.
Money - Moneys. 14 John. R. 12.
Money deposited in court. 2 Gall. R. 146.
Money in the funds. 5 Price, R. 217.
Moneys. 1 John. Ch. R. 231.
More or less. 2 Pow. Mortg. 445, a, note;  2 Hen. & Munf. 164;  1
Ves. & B. 376;  2 Barn. & Adol. 106;  S. C. 22 E. C. L. R. 36;  1
Yeates, 309;  6 Binn. 102;  4 Serg. & Rawle, 493;  1 Serg. Rawle,
166;   5 Serg.  & Rawle, 260;  1 Munf. 336;  2 Saund. 305, b, n.;
4 Mason's R. 418;  Sudg. Vend. 231-2;  Ow. 133;  1 Campb. 337.
Mountain. 1 Str. 71;  1 Burr. 629.
Movables. Ward. on Leg. 210;  Off. Ex. 252;  Sir W. Jo. 225.
Mr. 3 C. & P. 59;  S. C. 1 M. & M. 118.
Mrs. 3 C. & P. 59;  S. C. 1 M. & M. 118.
Mutual credit. 8 Taunt. 499;  4 Burr. 2222;  Cooke's Bankr. Laws,
536;  4 T. R. 211;  2 Smith's Lead. Cas. 178, and the cases there
cited.
My fishing place. 1 Whart. R. 1.37.
My half part. 11 East, R. 163.
My inheritance. Hob. 2;  7 East, R. 97.
My seven children, naming only six. 2 Coxe, R. 164.
My property. 17 John. R. 281.
My house,  and all  that shall be in it at my death. 1 Bro. C. C.
129, n.;  11 Ves. 662,
My right heirs on the part of my mother. 4 Ves. 766.

Name and blood. 15 Ves. 92.
Navicular disease. Oliph. on Horses, 47.
Navigable river. 6 Cowen, 528;  21 Pick. R. 344.
Necessary. 4 Wheat. 413, 418;  7 Cowen, 606 2 A. K. Marsh. R. 84.
Necessary charges. 3 Greenl. 191.
Necessary implication. 1 Ves. & B. 466.
Necessary tools of a tradesman. 2 Whart. 26.
Needful. 4 Esp. R. 66.
Nerving. Oliph. on Law of Horses, 47;  R. & M. 290.
Neurotomy. Oliph. on Horses, 47;  R. & M. 290.
Never. 2  Atk. 32;   Bayl.  Bills, 4;   Chit. Bills, 54;  3 Q. B.
239, 242.
New Manufacture. 4 Mann. & Gr. 580.
Next. Stra.  394;  Cro. Jac. 646, 677: Bac. Ab. Conditions, P. 3;
2 John. 190;  9 Cowen, 255.
Next of  kin. 15  Ves. 109;  15 Ves. 536;  3 Bro. C. C. 355;  Id.


          Bouvier's Law Dictionary : C2 : Page 45 of 101


64;  14 Ves. 372.
Next of kin, or heir at law. 4 Ves. 469.
Next of kin, equal in degree. 12 Ves. 433.
Non-arrival. 2 B. & C. 564.
Non-resident. 4 L. R. 11.
Northerly. 1 John. 156. See 3 Caines, 293.
Northward. 3 Caines' R. 293;  1 John. R. 158.
Not liable for any damage to or from her sheathing. 20 Pick. 389.
Note or Notes. 7 Serg. & Rawle, 465.
Notes current in the city of New York. 19 John. R. 14 6.
Notice of action. 1 Holt's N. P. R. 27.
Now. 3 Penna. R. 288, 9;  4 Mann. & Gr. 99, 100.

Occupation. 7 W. & S. 330.
Occupied. 1 Breese's R. 70.
Of. 2 T. R. 431.
Of and concerning. 4 M. & Selw. 169;  3 Caines' R. 329;  5 Johns.
R. 211;  7 Johns. R. 264;  Id. 359;  3 Binn. 517;  1 Binn. 337. 5
Binn. 218.
Offence. 9 Car. & P. 525;  S. C. 38 E. C. L. R. 222.
Office, or public trust. 2 Cowen, 29 n.;  20 Johns. 492;  1 Munf.
468.
Office of trust. 6 Blackf. 529.
On. 2 T. R. 431.
On arrival. 2 Campb. R. 532;  Id. 327.
On condition. 4 Watts & Serg. 302.
On shore. 1 Bos. & Pull. 187.
On a stream. 3 Sumn. R. 170.
On the trial. 2 Whart. 159.
On payment of costs. 6 Cowen, R. 582;  5 J. J. Marsh. 243.
One day after date. 2 P. S. R. 496.
One pair of boots. 3 Harring. 559.
One whole year. 12 Mass. 262.
Once a week. 4 Peters' R. 361;  2 Miles, R. 150, 151.
One thousand dollars to the children of. 9 Verm. R. 41.
Openly. 2 Inst. 57;  Bac. Ab. Merchant, &c.
Or, construed  and. 2 Rop. Leg. 290;  1 P. Wms. 483;  2 Cox, 213;
2 P. Wms. 383;  2 Atk. 643;  6 Ves. 341;  2 Ves. Sen. 67;  2 Str.
1175;  Cro. Eliz. 525;  Pollexf. 645;  1 Bing. 500;  3 T. R. 470;
1 Ves. Sen. 409;  3 Atk. 88, 85;  1 Supp. to Ves. Jr. 485;  2 Id.
9, 43,  114;   1 Yeates, 41, 319;  1 Serg. & Rawle, 141;  1 Wend.
396;  6 Toull. n. 703 and 704. Vide Disjunctive.
Or any other person. 15 Wend. 147.
Or by any other person. 3 Marrh. 720.
Or elsewhere. 2 Gall. R. 477.
Or otherwise. 1 Chit. R. 205, 6;  Hawk. c. 2 5, s. 4. 1
Orchard. Cro. Eliz. 854.
Ordained minister. 4 Conn. 134.
Order, in chancery pleading. 7 Sim. R. 17.
Original. 6 Wheat. 396;  5 Serg. & Rawle, 549. Vide Courts of the
United States.
Orphan. 3 Mer. 48;  2 Sim. & Stu. 93.
Other. 1 Brock. R. 187.
Other offices.  1 B.  & C.  237. See 5 T. R. 375, 379;  5 B. & C.


          Bouvier's Law Dictionary : C2 : Page 46 of 101


640;  8 D. &, R. 393.
Other writing. 1 Rawle, 231.
Otherwise. 1 Gall. R. 39.
Out of the State. 1 Johns. Cas. 76.
Out of the country. 3 Bibb, 510.
Out  of   their  joint   funds,  according  to  the  articles  of
association. 4 S. & R. 356.
Outfits. 1 Story, R. 603.
Out-house. 5 Day, 151;  4 Conn. 446.
Over the sea. Kirby, 299.
Overseers. 7 Mann. & Gr. 481,
Own use. 4 Rawle, R. 68.
Owned by them. 5 Cowen, 509.
Owner. 6 Nev. & M. 340.
Oxgang. Touchs. 93;  Co. Litt. 5.
Oyster spat. 12 Ad. & Ell. 13;  S. C. 40 E. C. L. R. 15.

Passage room. 2 Ld. Raym. 1470.
Passing through the town. 6 Ohio, R. 142.
Payable. 14  Ves. 470;  16 Ves. 172;  2 Supp to Ves. jr. 296;  13
Ves. 113;  3 Ves. 13;  2 C. 305.
Paying. Roll. Ab. 411;  Bac. Ab. Conditions, A;  Lane, 56, 78.
Paying thereout. Pick. 444.
Paying yearly ard every year. 3 Lom. Dig. 187.
Pearls. Dig. 34, 2, 18.
Peas. Bac. Ab. Merchant, &c. 1.
Pencil, writing. 1 Eccl. R. 406, 7;  5 B. & C. 234;  7 Dowl. & R.
653;  1 Stark. R. 267;  1 Phillim. R. 52, 53;  2 Phillim. R. 173.
Per annum. Bac. Ab. Covenant, F
Percussit. 2 Virg. Car. 111.
Perishable articles. 7 Cowen, 202.
Permitting and  suffering. 6  Barn. &  Cres. 295;   Platt on Cov.
338.
Perpetual. 2 Bro. & B. 27;  S. C. 6 B. Moo. 159.
Person liable. Eden's Bankr. Law, 146.
Personal estate.  1 Ves.  & Bea. 415;  4 Ves. 76;  1 M'Cord, 349;
1 Dall. 403;  2 Rawle, 162;  5 Mason, 544.
Personal ornaments. 1 Beav. R. 189.
Personal representatives. 1 Anst. 128.
Person of color. 3 Iredell, 455.
Pigs - Cattle. Russ. & Ry. Cr. Cas. 76.
Pilfering. 4 Blackf. 499.
Piratical. 2 How. S. C. 210.
Place. Office. 1 Munf. 468.
Places. 5 T. R. 375,379;  5 B. & C. 640;  8 D. & R. 393. See 1 B.
& B. C. 237.
Pladtum. Skin. 550, 554.
Plant. 1 Mo. & Malk. 341;  S. C. 22 E. C. L. R. 330.
Plantation. 2 Humph. 315.
Planting. 7 Conn., 186.
Pleasure. At her pleasure. Boyle on Char. 307.
Pleasure carriage. 9 Conn. 371;  11 Conn. 185;  18 John. 128;  19
John. 442.
Plow land. Co. Litt. 5;  Plowd. 167;  Touchs. 93.


          Bouvier's Law Dictionary : C2 : Page 47 of 101


Plundered. 16 Pick. 1.
Poll-evil. Oliph. on Law of Horses, 49.
Poor. Poor  kindred. Boyle  on Char. 31;  17 Ves. 371;  1 Caines'
R. 59.
Poor inhabilants. Ambl. 422.
Port. 2 B. & Ad. 43;  S. C. 22 E. C - L. R. 23.
Port of destination. Port of discharge. 5 Mason, 404.
Possess 3. 1 Dev. & Bat. 452.
Posession. Coming into possession. 3 Br. C C. 180.
Postea. 1 Saund. 287.
Power coupled with an interest. 8 Wheat. 203;  2 Cowen, 196.
Power of attorney. 8 Pick. 490.
Praedict. Co. Litt. 20 b.
Preference. 1 Paine, 630.
Premises. AlI the premises. 17 Ves. 75;  1 East, R. 456.
Presented. 2 Hill, R. 582.
Price. A price clear of all expenses. 2 V. & B. 341.
Prime cost. 2 Mason, 53, 55.
Prior in date. 3 Day, 66.
Prison charges. 4 Greenl. 82.
Private charity. Turn. & Russ. 260.
Privileges and appurtenances. 14 Mass. 49;  17 Mass. 443.
Pro. A B, C D. 11 Mass. R. 97.
Proceed to tea. 9 Serg. & Rawle, 154;  2 Pet. Adm. Dec. 97, 93.
Procecding. 2  East, R. 213;  3 Com. Dig. 49, note;  1 Hall, 166;
8 Wend. 167.
Proceedings thereupon. 16 Pet. 303, 313.
Proceeds. 4 Mason, 529.
Procreatis-Procreandis. 1 M. & S. 124.
Procure. 1 Car. & Marsh. 458.
Procurement. Platt. on Cov. 337.
Produce of a farm. 6 Watts & Serg. 269, 280.
Profesion.  7 W. & S. 330.
Promise. "I  don't consider the land as yours prove your right to
it, and  I'll pay you for it." 9. Dow.. & R. 480;  S. C. 22 E. C.
L. R. 394. " I promise never to pay." 2 Atk. 32;  Bayl. Bills, 4;
Chit, Bills, 54.
Promise to pay out of the proceeds of the next crop. 2 L. R. 259.
Prommisory note.  Due A  B three hundred and twenty-five dollars,
payable on  demand. 10  Wend. 675.  To pay P D, or plaintiffs, or
his or  their order.  2 B.  & A. 417. "I, B C, promise to pay E F
the sum  of 51  or his order," signed, "B C or else H B." 4 B. &
A. 679;  6 E. C. L. R. 563.
Proper county. 2 Yeates, 152;  7 Watts, 245.
Property. 6  Serg. &  Rawle, 452;  17 Johns. R. 281;  6 Binn. 94;
18 Ves. 193;  14 East, R. 370;  2 N. R. 214.
Property, personal and real. 1 Speers, Eq. Cas. 51, 56.
Property on board, 2 Metc. 1.
Proportion. Charge  on estates  in equal proportions. 3 Br. C. C.
286. In just and equal proportion. 7 Serg. & Rawle, 514.
Propietor. 6 Nev. & M. 340;  Wordsw. Jo. St. Co. 338.
Prosecute with effect. 12 Mod. 380;  2 Selw. N. P. 1013, note.
Proviso. Com.  Dig. Condition, A 2;  Lit. s. 329;  Id. 203, b;  2
Co. 71, b;  1 Roll. Ab. 410, l. 30


          Bouvier's Law Dictionary : C2 : Page 48 of 101


Public house. 4 Leigh, 680.
Public policy. 9 E. C. L. R. 452.
Public sale. 4 Watts, R. 258.
Public trust. 20 John. 492;  2 Cowen, 29, n.
Public trade. 3 Q. B. 39.
Publish. 2 Dev. 115.
Published. 3 M. & W. 461;  9 Bing. 605;  5 B. & Adol. 518: 6 M. &
W. 473;  8 D. P. C. 392.
Purchasing. 6 Ves. 404.

Quamdiu. Orl. Bridg. 202.
Quantity and boundary. 2 Caines' Rep. 146.
Quit. 2 N. H. Rep. 402.
Quotation. Eden. Inj. 327, 328.

Race-field. 9 Leigh, 648.
Raffie. 2 Rep. Const. Conn. 128.
Raise. 1 Atk. 421;  2 Vern. 153.
Rascal. 2 Rep. Const. Ct. 235.
Real action.  10 Pick.  473;  and see 16 Mass. 448;  7 Mass. 476;
4 Pick. 169;  8 Greenl. 106, 138.
Real cost. 2 Mason, 53, 55.
Realm. 1 Taunt. 270;  4 Campb. 289;  Rose, 387.
Reasonable Notice.  1 Penn.  R. 466. Vide Reasonable time, in the
body of this work.
Rebuild. 3 Rawle, 482.
Receipts. 2 Gill & Johns. 511.
Received for  record. 3  Conn. 544;   1 Root, R. 500;  2 Root, R.
298;  Kirb. 72.
Received note in payment. 2 Gill & John. 511.
Recollect. 1 Dana, R. 56.
Recomm@ation. 2  Ves. jun.  333, 529;   3  Ves. 150;  9 Ves. 546;
Jacob's R. 317;  1 Sim. & Stu. 387.
Record and Docket. 1 Watts, 395.
Recovered in a suit. 5 Wend. R. 620.
Recovery. 2 Caines' R. 214;  1 Paine, 230,238.
Rectifier of spirits. 1 Pet. C. C. R. 180.
Refine. 1 Pet. C. C,. R. 113.
Refuse. Retounce. 3 Rawle, 398.
Refuse to execute. 10 E. C. L. R. 65;  1 Har. Dig. 442.
Relations, see  Legatee. 2 Ch. Rep. 146, 394;  Pr. Ch. 401;  Cas.
Temp. Talb. 215;  1 P. Wms. 327;  2 Ves. jr. 527;  Ambl. 70, 507,
595, 636;   Dick.  50, 380;   1  Bro. C. C. 31;  3 Bro. C. C. 64,
234;   2 Vern.  381;  3 Ves. 231;  19 Ves. 323;  1 Taunt. 163;  3
Meriv. 689;   5 Ves. 529;  16 Ves. 206;  Coop. R. 275;  Com. Dig.
App. Devise  of personal property, viii. 30, 31, 32;  9 Ves. 323;
3 Mer.  689. Next  relations, as  sisters, nephews  and nieces. 1
Cox, 264. Poor relations. Dick. 380.
Release and forever quit claim. 10 Johns. R. 456.
Remaining untried. 5 Binn. 390.
Rents. 2 Penn. St. R. 165.
Rents and  profits. 2  Ves. &  Bea. 67;   6  Johns. Ch. R. 73;  1
Sand. Uses and Trusts, 318;  1 Ves. 171;  2 Atk. 358.
Repairs. 1 M 'Cord, 517.


          Bouvier's Law Dictionary : C2 : Page 49 of 101


Reprises. 1 Yeates, 477;  3 Penna. 477
Request. 2  Bro. C.  C. 38;  3 Ver. & Bea. 198;  5 Madd. 118;  18
Ves. 41;  1 Moody Cr. Cas. 300.
Resident. 20  John. R. 211;  2 Pet. Adm. R. 450;  2 Scam. R. 377;
20 John. 208;  7 Mann. & Gr. 9.
Reidence. 8 Wend. 45.
Residuary. 11 Ves. 92.
Residue. surplus, &c. 2 Atk. 168;  11 Ves. 330;  14 Ves. 364;  15
Ves. 406;  18 Ves. 466;  Dick. 477;  1 Bro. C. C. 189;  4 Bro. C.
C. 207;   1  Ves. jr.  63;  1 Wash. 45, 262;  3 Cal. 507;  3 Munf
76;   2 Des.  Ch. R. 573;  Prec. Ch. 264;  2 Vern. 690;  Boyle on
Char. 399, 8 Ves. 25-6.
Respective, Respectively. 2 Atk. 121;  3 Bro. C C. 404;  1 Meriv.
358;  2 East, 41;  Cowd. 34.
Rest. Alleyn, 28;  3. P. Wms. 63, n.
Rest and  Residue. 2  Lee's Eccl. R. 270;  6 Eng. Eccl. Rep. 122;
11 East, R. 164.
Retained. 5 D. & E. 143,
Reversion. If the reversion should never fall to the testator. 10
Ves. 453.
Revising-correcting. 2 Shepl. 205.
Revoked. 1 Cowen, R. 335;  16 John. R. 205.
Rice. 5 B. & P. 213.
Right. 2 Caines' R. 345.
Right and title in the deed. 2 Ham. 221.
Right, title, and interest. 4 Pick. 179.
Ringbone. Oliph. on Law of Horses, 48, 50.
River-feeder. 13 Pick. 50.
Rolling-mill. 2 Watts & Serg. 390.
Roots. 7 John. R. 385.
Running days. 1 Bell's Com. 577, 5th ed.

Said-saith. 3 Dowl. P. C. 455;  5 Tyr. 391 1 Gale, 47.
Said 1 Chit. Cr. Law, *174;  2 Car. Law Rep. 75.
To sail. 3 M. & S. 461,
Sail from. 3 B. & C. 501.
Same. Cro. Eliz. 838.
Sand crack. Oliph. on Law of Horses, 13.
Sanguini Suo. Bac. Ab. Legacies and Devises, c 1.
Sans recourt. Chit. Bills, 266;  1 Leigh's N. P. 405.
Sarsaparilla. 7 John. R. 385.
Satisfied. 1 M'Cord, Ch. 53;  2 John. 395.
Satisfactory proof. 10 John. R. 167.
Saving. 2 Roll. Ab. 449.
School. 1 M. & S. 9.5;  Vin. Ab. h. t.
Schools of  learning. Wilm.  Opin. & Judgm. 14;  2 Vern. 387;  14
Ves. 7;  Sim. 109;  Jac. 474.
Sea stores. 1 Baldw. R. 504.
Sealed. Harp. R. 1.
Security. 13 John. 481;  3 Blackf. 431.
Secured to be paid. 1 Paine's R. 518;  12 Wheat. 487.
See him  paid. Fell  on Guar. 36-7;  1 Ld. Raym. 224;  Cows. 227;
2 T. R. 86.
Seised. Bac. Ab. Uses and Trusts, part 1, D.


          Bouvier's Law Dictionary : C2 : Page 50 of 101


Sell. To sell. Boyle on Char. 307;  9 Greenl. 128.
Sell and convey. 3 Fairf. 460. See also 2 Greenl. 22.
Sell for at the pits mouth. 7 T. R. 676;  S. C. 1 B. & P. 524;  5
T. R. 564.
Seen. 2 Hill, R, 582. ,
Semini suo. Bac. Ab. Legacies and Devises, C 1.
Servant. 5 Lo. Rep. 15.
Served. 6 S. & R. 281.
Settled. 2 Leach, 910.
Setting fire. 2 East, P. C. 1020.
Seventh child. 3 Bro. C. C. 148;  S. C. 2 Cox, 258.
Seventy acres,  being  and  lying  in  the  southwest  corner  of
section. 2 Ham. 327;  see 4 Monr. 63.
Shall. 1 Vern. 153.
Shall be  lawful. 2  D. R. 172;  4 B. & A. 271;  1 B. & C. 35;  2
T. R. 172;  1 B. & C. 85;  4 B. & A. 271;  3 N. S. 532.
Shall and  may. 1  E. C. L. R. 46;  5 John. Ch. R. 101;  5 Cowen,
193;  1 Cr. & Mees. 355;  3 Tyrrw. 272.
Shall sell at the pit's mouth. 7 T. R. 676.
Share. 3 Mer. 348.
Share and share alike. 3 Desaus. 143.
Ship damage. Abbott on Shipm. 204;  Bac. Ab Merchant, &c. H.
Shop. 5 Day, 131;  4 Conn. 446.
Shovel plough. 3 Brev. 5.
Should be secured. 5 Binn 496.
Signing. I, A B, do make this my will. 18 Ves. 183.
Silks. 1 Carr. & Marsh. 45.
Silver dollars - Good, wares, and mercandise 2 Mason, R. 407.
Sitfasts. Oliph. on Law of Horses, 53;  9 M. & W. 670
Six handkerchief. 1 Moody, Cr. Cas. 25.
Sixty pounds  in specie, or tobacco at specie specie. Mart. S. C.
R. 20.
Skins. 7 John. R. 385;  7 Cowen, R. 202.
So long as wood grows or water runs. 1 Verm. 303.
Sold. 3 Wend. R. 112.
Sold and conveyed. 2 Serg. & Rawle, 473.
Sole. 1 Madd. R. 207;  1 Supp. to Ves. jr. 410;  4 Rawle, 66;  10
Serg. & Rawle, 209;  4 W. C. C. R. 241;  3 Penna. R. 64, 201.
Solvent. 10 Ves. 100;  Gow on Partn. 409.
Soon as convenient. 1 Ves. jr. 366;  19 Ves. 387.
Southwest corner of _________ section. 2 Ham. 327.
Spawn. 12 Add. & Ell. 13;  S. C. 40 E. C. L. R. 15.
Specially. 1 Dall. 208;  1 Binn. 254.
Specifically. 16 Ves. 451.
Splint. Oliph. on Law of Horses, 55;  1 M. & Sco. 622.
Stab, stick and thrust. 2 Virg. Cas. 111.
Stable. 1 Lev. R. 58;  3 M. & R. 475.
Stage. Stage,  coach. 8 Adol. & Ell. 386;  35 E. C. L. R. 409;  9
Con. 371;  11 Conn. 385.
Steam boiler. Wright, R. 143.
Sterling. 1 Carr. & P. 286.
Stock in the funds. 5 Price, R. 217.
Stock in trade. Bunb. 28.
Store. 10  Mass. 153.  See 4  John. 424;  1 N. & M. 583;  2 N. H.


          Bouvier's Law Dictionary : C2 : Page 51 of 101


Rep. 9.
Straw. 4 C. & P. 245;  S. C. 19 Eng. Com. Law Rep. 367;  1 Moody,
C. C. 239.
Stretching along the bay. 2 John. R. 357;  Harg. Law Tracts, 12.
Strict settlement. 4 Bing. N. C. 1.
Stringhalt. Oliph. on Law of Horses, 56.
Subject to the payment of rent. 5 Penn. St. Reps. 204.
Subject to  incumbrancs. 2  P. Wms.  385;  1 Atk. 487;  2 P. Wms.
659, note by Cox.
Submission - consent. 9 C. & P. 722;  S. C. 38 E. C. L. R. 306.
Subscriber. 6 B. & Cr. 341.
Subscription list. 2 Watts, 112.
Substantial inhabitants. 2 M. & R. 98;  S. C. 8 B. & Cr. 62.
Such. 2 Atk. 292.
Suit at law. 23 Pick. 10
Sum in controverty. 9 Serg. & Rawle, 301.
Summit of a mountain. 3 Watts & Serg. 379.
Superfine flour. 9 Watts, R. 121.
Supersede. 1 Pick. R. 261.
Superstitious use. 1 Watts, 224.
Support. A  decent and comfortable support and maintenance out of
my estate,  in sickness  and in  health during my natural life. 2
Sandf. Ch. R. 91.
Surety. 1 Scam. R. 35.
Surplus. 18 Ves. 466;  3 Bac. Ab. 67;  2 Pa. St. R. 129.
Survivors. 17 Ves. 482;  5 Ves. 465.
Survivor and survivors. 3 Burr. 1881;  8 B. & Cr. 231.
Suine. 15 Mass. 205.

Take. 2 Pet. R. 538.
Take and fill shares. 1 Fairf. 478.
Taken out of the state. 1 Hill, 150.
Tapering. 2 Stark. N. P,. C. 249.
Taxes and other public dues. 2 Leigh, R. 178.
Tea kettle  and appurtenances. Ward on Leg. 222;  Mos. 47;  1 Eq.
Ab. 201.
Ten acres of pease. 1 Brownl. 149.
Terra. Cro. Jac. 573;  Palm. 102;  4 Mod. 98;  Cowp. 349.
Testamentary estate.  2 H. Bl. 444;  Vide 6 B. Moo. 268;  S. C. 3
Bro. & B. 85.
That is to say. 1 Serg. & Rawle, 141.
The county aforesaid. 2 Bl. R. 847.
The dangers  of the river excepted. 1 Miss. R. 81;  2 Bailey's R.
157.
The said defendant. 2 Marsh. R. 101;  S. C. 6 Taunt. R. 122, 406.
The said E. R. 9 C. & P. 215;  S. C. 38 E. C. L. R. 87.
The said N. 2 Car. Law Repos. 75.
The said property. 3 Mann & Gr. 356.
The parties shall abide by the award of arbitrators, 6 N. H. Rep.
162.
The said plaintiff. 2 Marsh. R. 101;  S. C. 6 Taunt. R. 122, 406.
The same  rents and  covenants. 1  Bro. P.  C. 522;   3  Atk. 83;
Cowp. 819;  2 Bro. Ch. R. 639, note.
Them. 9 Watts, R. 346;  Orl. Bridg. 214.


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Them or any of them. 3 Serg. & Rawle, 393.
Then. Then  and there. 2 Atk. 398;  4 Ves. 698, 1 P. Wms. 594;  1
Brown's C. C. 190;  Ld. Raym. 577;  Id. 1,23.
Then next. 9 Cowen, 255.
Thereabouts. Moll. 232.
Thereafter. 13 L. R. 556.
Thereafter built. 2 Leigh, 721.
Thereinbefore mentioned. Ward. on Leg. 105, 344;  7 Ves. 391.
Thereafterwards continuing his said assault. 2 Mass. 50.
Therefore the defendant is indebted. 1 T. R. 716;  2 B. & P. 48.
Thing patented. 1 How. U. S. 202.
Thereunto belonging. 22 E. C. L. R. 171.
This indenture. 2 Wash. 58.
Things. 11 Ves. 666.
Third parties. 1 N. S. 884.
This demise. 2 Bl. R. 973.
Thrush. Oliph. on Law of Horses, 59.
Thousand. 3 B. & Ad. 728.
Through. 7 Pick. R. 274.
To be kept by the secretary. 1 Scott's N. R. 215.
Timber. 7 Johns. R. 234;  1 Madd. Ch. 140, n.
Time. Till she arrives. From her beginning to load. On the ship's
arrival. And  is there moored twenty-four hours in good safety. 8
Chit. Com. Law, 462. Within four days. 15 Serg. & Rawle, 43. Time
being. Ang. Corp. 284.
Title. An  indefeasable title  in fee  simple, such  as the state
makes. 3 Bibb, R. 317;  4 Shepl. R. 164.
To a stream. 3 Sumn. R. 170.
To be begotten. 1 M. & S. 124.
To be  by her freely possessed and enjoyed. 12 S. & R. 56;  Cows.
352.
To be  signed and published by her, in the presence of, and to be
attested by two or more credible witnesses. Curt. Eccl. R. 1.
To be paid when in funds. Minor's R. 173;  7 Greenl. R. 126.'
To them. 9 Watts, 351, 352.
To do the needful. 4 Esp. R. 66.
To, from or by. 1 Shepley's R. 198.
To settle. 2 Miles, R. 1.
To his knowledge and belief. 1 H. Bl. 245.
To the  best of  his knowledge  and belief. 8 T. R. 418;  1 Wils.
232.
To the legatees above named. 17 S. & R. 61.
To the order. 1 Watts. & Serg. 418.
To render  a fair  and perfect  account, in  writing, of all sums
received. 1 Dougl. R. 382
To sue. 3 B. & C. 178, 1083.
To wait awhile. 1 Penna. R. 385.
Toll. 2 Show,. 34.
Took the  oath in  such case  required by  the act of congress. 5
Leigh's R. 743.
Tools. 2 Whart. 26.
Touch and stay. 1 Marsh. Ins. 188;  1 Esp. N. R. 610;  Wesk. Ins.
548.
Transact all  business. 22  E. C. L. R. 397;  1 Taunt. R. 349;  5


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B. & Ald. 204, 210, 211;  1 Yo. & Col. 394.
Transaction. 7 Mann. & Gr. 538.
Treasonable practices. 1 Stuart's L. C. R. 4.
Tree. 2 Dev. 162.
Trees, woods,  coppice -  wood grounds,  of what  kind or  growth
soever. 4 Taunt. 316.
True value. 17 Wheat. R. 419;  1 Stuart's L. C. R. 419.
Trifling. 1 W. & S. 328;  14 S. & R. 349.
Trinkets. 1 Carr. & Marsh. 45.
Truly. 2 Brock. R. 484, 5.
Tunc. 5 Mann. & Gr. 696.
Turnpike Road. 20 Johns. R. 742.
Two years after demand. 8 D. & R. 347.

Unavoidable accident. 1 Brock. R. 187.
Understood. 2 Cox's Ch. R. 16.
Underwood. 2 Rolle's R. 485.
Unexecuted writ. 1 Barr. N. J. Rep. 154.
Unless. Boyle  on Char. 291;  1 Mer. 102;  3 Id. 65, 79;  3 Burr.
1550.
Unmarried. 2  Supp. to  Ves. jr. 43;  2 Barn. & Ald. 452. Without
being married. 7 Ves. 458.
Until. Cows.  571;   5 East,  250;   Cas. t. Hard. 116. Until she
hath moored  at anchor  twenty-four hours  in good  safety. Park,
Ins. 35;  1 Marsh. Ins. 262;  2 Str. 1248;  1 Esp. Rep. 412.
Unto and amongst. 9 Ves. 445.
Up the creek. 1 Wilc. R. 508.
Used. 1 Chit. Pr. 214.
Use till paid. Kirb. 145.
Useful invention. 1 Mason, R. 302;  4 Wash. C. C. R. 9.
Usque. 2 Mod. 280.
Usual clauses. 2 Chit. Com. Law, 227;  1 Mer. R. 459.
Usual covenants. Platt on Cov. 430.
Usual terms. 8 Mod. 308;  Barnes, 330;  3 Chit. Pr. 705.
Usurped power. 2 Marsh. Ins. 700;  2 Wils. 363.
Usury. Vide  2 Rick. (2d ed.) 152, n. 1;  5 Mass. R. 53;  7 Mass.
R. 36;  10 Mass. R. 121;  13 Mass. R. 443;  4 Day, R. 37;  2 Com.
R. 341;   7  Johns. R.  402;   S. C. 8 Johns. R. 218;  4 Dall. R.
216;   2 Dall.  R. 92;   6  Munf. R.  430, 433;  3 Ohio R. 18;  1
Blackford's R. 336;  1 Fairfield, R. 315;  2 Chit. Cr. Law, *549;
3 Ld.  Raym. 36;   Trem.  P. C.  269;  Co. Entr. 394, 435;  Rast.
Entr. 689;  Cro. C. C. 743;  Com. Dig. Usury, C;  4 Bl. Com. 158;
Hard. 420.

Vacancies. 2 Wend. 273.
Vacancy. 1 Breese's R. 70.
Valuable things. 1 Cox, t7;  1 Bro. C. C. 467.
Value received. 3 M. & S. 351;  5 M. & S. 65;  5 B. & C. 360;  S.
C. 11  Engl. C.  L. R.  252;  3 Kent, Com. 50;  Maxw. L. Dict. h.
t.;   1 Hall,  201;   1 Blackf.  R. 41;   2  M'Lean, R. 213. True
value. 11 Wheat. 419.
Vegetable production. 1 Mo. & Mal. 341.
Victual. 3  Inst. 195;  Hale's P. C. 152;  Cro. Car. 231 Bac. Ab.
Forestalling, B;  1 East, R. 169.


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Victualler. 9 E. & E. 406;  6 Watts & Serg. 278.
Videlicet. 8 Ves. 194.
Village or town. Co. Litt. 5;  Plowd. 168;  Touchst. 92.
Voluntary assignment. 3 Sumn. R. 345.

Wantonness. 1  Wheel. Cr.  Cas. 365;  4 W. C. C. R. 534;  1 Hill,
46, 363.
Warbles. Oliph. on Law of Horses, 53;  9 M. & W. 670.
Warehouse. Cro. Car. 554;  Gilb. Ej. 57;  2 Rosc. R. Act. 484;  8
Mass. 490. Waste. 1 Ves. 461;  2 Ves. 71.
Watch. Ward on Leg. 221;  Mos. 112.
Water lots. 14 Pet. R. 302.
Way. In, through, and along. 1 T. R. 560.
Well and truly execules the duties of his office. 1 Pet. R. 69.
Well and  truly to  administer. 9  Mass. 114, 119, 370;  13 John.
441;  1 Bay, 328.
Well and  truly to  administer according  to law.  1 Litt. R. 93,
100.
What I may die possessed of. 8 Ves. 604;  3 Call, 225.
What remains. 11 Ves. 330.
Wharf. 6 Mass. 332.
Wheat. An  unthrashed parcel  of wheat. 1 Leach, 494;  2 East, P.
C. 1018;  2 T. R. 255.
Wheezing. Oliph. on Law of Horses, 61.
When. 6 Ves. 239;  11 Ves. 489;  3 Bro. C. C. 471.
When able. 3 Esp. 159;  3 E. C. L. R. 264, note;  4 Esp. 36.
When received. 13 Ves. 325.
When the same shall be recovered. lb.
When or if. 1 Hare, R. 10.
When paid. 15 S. & R. 114.
Wherefore he prays judgment, &c. 2 John. Cas. 312.
Whereupon. 6 T. R. 573.
Whilst. 7 Fast, 116.
Wholesale factory prices. 2 Conn. R. 69.
Widows and Orphans. 2 Sim. & Stu. 93.
Wife. 3 Ves. 570.
Wilful. 1 Benth. Ev. 351.
Wilful and corrupt. 1 Benth. Rat. Jud. Ev. 351.
Wilfully. 8 Law Rep. 78.
Will. He will change. 2 B. & B. 223.
With. 2  Vern. 466;   Prec.  Ch. 200;  1 Atk. 469;  2 Sch. & Lef.
189;  3 Mer. 437;  2 B. & Ald. 710;  2 B. & P. 443.
With all faults. 5 B. & A. 240;  7 E. C. L. R. 82;  3 E. C. L. R.
475.
With surety. 6 Binn. 53;  12 Serg. & Rawle, 112.
With the prothonotary. 5 Binn. 461.
With all  usual and  reasonable covenauts.  12 Ves.  179, 186;  3
Bro. C. C. 632;  15 Ves. 528;  3 Anstr. 700.
With sureties. 2 Bos. & Pull. 443.
With effect. 2 Watts & Serg. 33.
With liberty. 8 Gill & John. 190.
Within four days. 15 Serg. & Rawle, 43.
Within ___ days after. 3 Serg. & Rawle, 395.
Without fraud, deceit or oppression. 6 Wend. 454.


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Without prejudice. 2 Chit. Pr. 24, note (x);  3 Mann. & Gr. 903.
Without recourse.  1 Cowen,  538;  3 Cranch, 193;  7 Cranch, 159;
12 Mass.  172;   14 Serg.  & Rawle, 325;  8 W. & S. 353;  2 Penn.
St. R. 200. Vide article Sans Recours, in the body of this work.
Without reserve. 5 Mass. R. 34.
Wm. William. 1 Scam. R. 451.
Wood. Cro. Jac. 166.
Wood-land. 1 Serg. & Rawle, 169.
Woods. 4 Mass. 268.
Working days. 1 Bell's Com. 577, 5th ed
Worldly labor. 4 Bing. 84;  S. C. 13 R. 351.
Worth and value. 3 B. & C. 516.
Writing. 14 John. 484;  8 Ves. 504;  2 M. & S. 286;  17 Ves. 459.
Writing in pencil. 1 Eng. Eccl. Rep. 406.

Yard lane. Touchs. 93;  Co. Litt. 5.
Yearly meeting of Quakers. 6 Conn. 393.
Yearly meeting. 6 Conn. 292.
You. 2 Dowl. R. 145;  S. C. 6 Leg. Obs. 138.


  CONSTRUCTIVE. That which is interpreted.

   2. Constructive presence. The commission of crimes, is, when a
party is  not actually  present, an eye-witness to its commission
but, acting  with others,  watching  while  another  commits  the
crime. 1 Russ. Cr. 22.

    3.  Constructive  larceny.  One  where  the  taking  was  not
apparently felonious,  but by construction of the prisoner's acts
it is  just to  presume he  intended at  the time  of  taking  to
appropriate the  property feloniously to his own use;  2 East, P.
C. 685;   1  Leach, 212;  as when he obtained the delivery of the
goods animo  furandi. 2  N. &  M. 90. See 15 S. & R. 93;  4 Mass.
580;  I Bay, 242.

   4. Constructive  breaking into  a house.  In order to commit a
burglary, there  must be  a breaking  of the  house;  this may be
actual or  constructive. A  constructive  breaking  is  when  the
burglar gains  an entry  into the  house by fraud, conspiracy, or
threat.  See   Burglary,  A  familiar  instance  of  constructive
breaking is  the case  of a burglar who coming to the house under
pretence  of   business,  gains   adiuittance,  and  after  being
admitted, commits  such acts  as, if  there had  been  an  actual
brooking, would have amounted to a burglary Bac. Ab. Burglary, A.
See 1 Moody Cr. Cas. 87, 250.

   5. Constructive notice. Such a notice, that although it be not
actual, is  sufficient in  law;    an  example  of  this  is  the
recording of  a deed, which is notice to all the world, and so is
the pendancy  of a  suit a  general notice  of an equity. 4 Bouv.
Inst. n. 3874. See Lis pendens.

   6. Constructive  annexation. The annexation to the inheritance


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by the  law, of certain things which are not actually attached to
it;   for example,  the keys  of a  house;   and heir  looms  are
constructively annexed.  Shep.  Touch.  90;    Poth-  Traits  des
Choses, §1.

     7.  Constructive  fraud.  A  contract  or  act,  which,  not
originating in  evil  design  and  contrivance  to  perpetuate  a
positive  fraud  or  injury  upon  other  persons,  yet,  by  its
necessary tendency  to deceive  or mislead  them, or to violate a
public or  private confidence,  or to  impair  or  injure  public
interest, is  deemed equally  reprehensible with  positive fraud,
and therefore is prohibited by law, as within the same reason and
mischief as contracts and acts done malo animo. 1 Story, Eq. §258
to 440.

   CONSUETUDINES FEUDORUM. The name of an institute of the feudal
system and  usages, compiled about the year 1170, by authority of
the emperor  Frederic, surnamed  Barbarossa. Ersk. Inst. B. 2, t.
3, n. 5.

   CONSUL, government,  commerce. Consuls  are commercial agent's
appointed by  a government to reside in the seaports of a foreign
country, and commissioned to watch over the commercial rights an@
privileges of  the nation  deputing them.  A vice-consul  is  one
acting in the place of a consul.

   2. Consuls  have been  greatly multiplied.  Their  duties  and
privileges are  now generally  limited, defined  and  secured  by
commercial treaties,  or  by  the  laws  of  the  countries  they
represent. As  a general  rule, it  may be  laid down  that  they
represent the  subjects or  citizens of  their  own  nation,  not
otherwise represented.  Bee, R.  209 3  Wheat. R. 435;  6. Wheat.
R., 152;  10 Wheat. 66;  1 Mason's R. 14.

   3. This  subject will  be considered  by a view, first, of the
appointment, duties,  powers, rights, and liabilities of American
consuls;   and secondly,  of the recognition, duties, rights, and
liabilities of foreign consuls.

  4. - 1. Of American consuls. First. The president authorized by
the Constitution  of the  United States,  art. 2, s. 2, el. 3, to
nominate, and,  by and with the advice and consent of the senate,
appoint consuls.

   5. - Secondly. Each consul and vice-consul is required, before
he enters on the execution of his office, to give bond, with such
sureties as shall be approved by the secretary of state, in a sum
not less  than two  thousand nor  more than ten thousand dollars,
conditioned for  the true and faithful discharge of the duties of
his office,  and also  for truly accounting for all moneys, goods
and effects  which may  come into his possession by virtue of the
act of 14th April, 1792, which bond is to be lodged in the office
of the secretary of State. Act of April 14, 1792, sect. 6.


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   6. -  Thirdly. They have the power and are required to perform
many duties  in relation to the commerce of the United States and
towards masters  of ships,  mariners, and  other citizens  of the
United States;  among these are the authority to receive protests
or  declarations  which  captains,  masters,  crews,  passengers,
merchants, and  others make  relating to American commerce;  they
are required  to administer  on the  estate of American citizens,
dying   within    their   consulate,   and   leaving   no   legal
representatives, when  the laws of the country permit it;  [see 2
Curt. Ecc.  R. 241]  to take  charge and  secure the  effects  of
stranded American  vessels in the absence of the master, owner or
consignee;  to settle disputes between masters of vessels and the
mariners;     to  provide   for  destitute  seamen  within  their
consulate, and  send them  to the  United States,  at the  public
expense. See  Act of  14th April,  1792;   Act of  28th February,
1803, ch.  62;   Act of  20th July, 1840, Ch. 23. The consuls are
also authorized  to make certificates of certain facts in certain
cases, which receive faith and credit in the courts of the United
States. But those consular certificates are not to be received in
evidence, unless  they are given in the performance of a consular
function;   2 Cranch,  R. 187;   Paine, R. 594;  2 Wash. C. C. R.
478;   1 Litt. R. 71;  nor are they evidence, between persons not
parties or  privies to  the transaction,  of  any  fact,  unless,
either expressly  or impliedly,  made so  by statute.  2 Sumn. R.
355.

   7. -  Fourthly. Their  rights are to be protected agreeably to
the laws  of nations, and of the treaties made between the nation
to which they are sent, and the United States. They are entitled,
by the  act of  14th April,  1792, s. 4, to receive certain fees,
which are there enumerated. And the consuls in certain places, as
London, Paris,  and  the  Barbary  states,  receive,  besides,  a
salary.

   8. - Fifthly. A consul is liable for negligence or omission to
perform, seasonably,  the duties  imposed upon  him, or  for  any
malversation or  abuse of  power, to  any injured person, for all
damages occasioned thereby;  and for all malversation and corrupt
conduct in  office, a  consul is  liable to  indictment, and,  on
conviction by any court of competent jurisdiction, shall be fined
not less  than one,  nor more  than ten thousand dollars;  and be
imprisoned not  less than  one nor  more than  five years. Act of
July 20,  1840, ch. 23, cl. 18. The act of February 28, 1803, ss.
7 and  8, imposes  heavy  penalties  for  falsely  and  knowingly
certifying that  property belonging to foreigners is the property
of citizens of the United States;  or for granting a passport, or
other paper,  certifying that any alien, knowing him or her to be
such, is a citizen of the United States.

   9. The  duties of  consuls residing  on the  Barbary coast are
prescribed by a particular statute. Act of May 1, 1810, S. 4.

  10. - 2. Of foreign consuls. First. Before a consul can perform
any duties  in the  United States,  he must  be recognized by the


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president of  the United States, and have received his exequatur.
(q. v.)

   11. -  Secondly. A  consul is  clothed only with authority for
commercial purposes,  and he  has a right to interpose claims for
the restitution of property belonging to the citizens or subjects
of the  country he  represents;  10 Wheat. R. 66;  1 Mason R. 14;
See, R. 209;  6 Wheat. R. 152;  but he is not to be considered as
a minister or diplomatic Agent, entrusted by virtue of his office
to represent his sovereign in negotiations with foreign states. 3
Wheat, R. 435.

   12. -  Thirdly. Consuls  are generally  invested with  special
privileges by local laws and usages, or by international compact;
but by  the laws of nations they are not entitled to the peculiar
immunities of  ambassadors. In civil and criminal cases, they are
subject to  the local  laws in the same manner with other foreign
residents owing  a temporary allegiance to the state. Wicquefort,
De l'Ambassadeur,  liv. 1,  §5;  Bynk. cap. 10 Martens, Droit des
Gens, liv.  4, c.  3, §148.  In the  United States,  the  act  of
September 24th,  1789, s. 13 gives to the supreme court original,
but not  exclusive jurisdiction of all suits in which a consul or
vice-consul shall  be a  party. The  act last  cited, section  9,
gives to  the district  courts of the United States, jurisdiction
exclusively of  the courts  of the  several states,  of all suits
against  consuls  or  vice-consuls,  except  for  offences  where
whipping exceeding  thirty stripes,  a fine exceeding one hundred
dollars, or  a term  of imprisonment  exceeding  six  months,  is
inflicted. For  offences punishable  beyond these  penalties, the
circuit has  jurisdiction in  the case of consuls. 5 S. & R. 545.
See 1 Binn. 143;  2 Dall. 299;  2 N. & M. 217;  3 Pick. R. 80;  1
Green, R.  107;   17 Johns. 10;  6 Pet. R. 41;  7 Pet. R. 276;  6
Wend. 327.

   13. -  Fourthly. His functions may be suspended at any time by
the government to which he is sent, and his exequatur revoked. In
general, a  consul is  not liable, personally, on a contract made
in his  official capacity  on account  of his government. 3 Dall.
384.

   14. During  the middle  ages, the  term consul  was  sometimes
applied to  ordinary judges;  and, in the Levant, maritime judges
are yet  called consuls.  1 Boul. Paty, Dr. Mar. Tit. Prel. s. 2,
p. 57.

   15. Among  the Romans, consuls were chief magistrates who were
annually elected by the people, and were invested with powers and
functions similar  to those  of kings.  See, generally, Abbott on
Ship. 210;   2  Bro. Civ.  Law, 503;   Merl. Repert. h. t.;  Ayl.
Pand. 160;   Warden  on Consuls;   Marten  on Consuls;  Borel, de
l'Origine, et  des Fonctions  des Consuls;   Rawle  on the Const.
222, 223;   Story  on the  Const. §1654  Serg. Const.  Law,  225;
Azuni, Mar. Law, part 1, c. 4, art. 8, §7.


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   CONSULTATION, practice.  A conference  between the  counsel or
attorneys engaged on the same side of a cause, for the purpose of
examining their  case, arranging  their proofs,  and removing any
difficulties there may be in their way.

   2. This should be had sufficiently early to enable the counsel
to obtain  an amendment of the pleadings, or further evidence. At
these consultations the exact course to be taken by the plaintiff
in exhibiting  his proofs  should be adopted, in consultation, by
the plaintiff's counsel. In a consultation on a defendant's case,
it is  important to  ascertain the  statement of the defence, and
the evidence  which may  be depended  upon to  support  it;    to
arrange the  exact course  of defence,  and to  determine on  the
cross-examination of  the plaintiff's witnesses;  and, above all,
whether or  not evidence  shall be  given  on  the  part  of  the
defendant, or withheld, so as to avoid a reply on the part of the
plaintiff. The  wishes of  the client  should, in  all cases,  be
consulted. 3 Chit. Pr. 864.

   CONSULTATION, Eng.  law. The  name of  a writ whereby a cause,
being formerly  removed by  prohibition out  of an inferior court
into some  of the  king's  courts  in  Westminster,  is  returned
thither again  for if the judges of the superior court, comparing
the proceedings  with the  suggestion  of  the  party,  find  the
suggestion false  or not proved, and that therefore the cause was
wrongfully  called   from  the   inferior   court,   then,   upon
consultation and  deliberation, they  decree it  to be  returned,
where upon this writ issues. T. de la Ley.

  CONSULTATION, French law. The opinion of counsel, on a point of
law submitted to them. Dict. de Jur. h. t.

   CONSUMATE. What  is completed. A right is said to be initiate,
when it  is not  complete;   and when  it  is  perfected,  it  is
consummated.

   CONSUMMATION. The  completion of a thing;  as the consummation
of marriage;   (q.  v.) the  consummation of  a contract, and the
like.

   2. A contract is said to be consummated, when everything to be
done in  relation to  it, has been accomplished. It is frequently
of great importance to know when a contract has been consummated,
in order  to ascertain the rights of the parties, particularly in
the contract  of sale.  Vide Delivery,  where the subject is more
fully examined.  It is also sometimes of consequence to ascertain
where the  consummation of  the contract  took place, in order to
decide by what law it is to be governed.

   3. It  has been established as a rule, that when a contract is
made by  persons absent  from each  other, it  is  considered  as
consummated in,  and is governed by the law of, the country where
the final  assent is  given. If,  therefore, Paul in New Orleans,
order goods from Peter in London, the contract is governed by the


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laws of the latter place. 8 M. R. 135;  Plowd. 843. Vide Conflict
of Laws;, Inception;  Lex Loci Contractus;  Lex Fori;  Offer.

   CONSUMMATION OF  MARRIAGE. The first time that the husband and
wife cobabit  together, after  the ceremony  of marriage has been
performed, is thus called.

   2. The  marriage, when  otherwise legal,  is complete  without
this;   for it  is a  maxim of law, borrowed from the civil, law,
that consensus,  non concubitus,  facit nuptias.  Co.  Litt.  33;
Dig. 50, 17, 30;  1 Black. Com. 434.

   CONTAGIOUS DISORDERS,  police, crim.  law. Diseases  which are
capable of being transmitted by mediate or immediate contact.

   2. Unlawfully  and injuriously to expose persons infected with
the smallpox  or other  contagious disease  in the public streets
where persons  are passing, or near the habitations of others, to
their great danger, is indictable at common law. 1 Russ. Cr. 114.
Lord Hale  seems to  doubt whether  if a person infected with the
plague, should  go abroad  with intent  to  infect  another,  and
another should  be infected and die, it would not be murder;  and
he thinks  it clear  that though  there should be no such intent,
yet  if   another  should  be  infected,  it  would  be  a  great
misdemeanor. 1  Pl. Cor. 422. Vide 4 M. & S. 73, 272;  Dane's Ab.
h. t.

   CONTEMPORANEOUS EXPOSITION.  The construction  of a  law, made
shortly after  its enactment,  when the  reasons for  its passage
were then  fresh in  the minds of the judges, is considered as of
great weight: contemporanea expositio est optima et fortissima in
lege. 1 Cranch, 299.

   CONTEMPT, crim.  law. A  wilful disregard or disobedience of a
public authoritoy.

   2. By  the Constitution  of the  United States,  each house of
congress may  determine the rules of its proceeding's, punish its
members for  disorderly behaviour,  and, with  the concurrence of
two-thirds, expel  a member.  The same provision is substantially
contained in the constitutions of the several states.

   3. The power to make rules carries that of enforcing them, and
to  attach   persons  who  violate  them,  and  punish  them  for
contempts. This  power of punishing for contempts, is confined to
punishment during  the session  of the  legislature,  and  cannot
extend beyond  it;   6 Wheat. R. 204, 230, 231 and, it seems this
power cannot be exerted beyond imprisonment.

   4. Courts  of justice  have an  inherent power  to punish  all
persons for  contempt of their rules and orders, for disobedience
of their  process, and  for disturbing them in their proceedings.
Bac. Ab.  Courts and  their jurisdiction  in general, E;  Rolle's
Ab. 219;  8 Co. 38 11 Co. 43 b.;  8 Shepl. 550;  5 Ired. R. 199.


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   5. In some states, as in Pennsylvania, the power to punish for
contempts is  restricted to offences committed by the officers of
the court,  or  in  its  presence,  or  in  disobedience  of  its
mandates, orders,  or rules;   but no one is guilty of a contempt
for any  publication made  or act done out of court, which is not
in violation  of such  lawful rules or orders, or disobedience of
its process. Similar provisions, limiting the power of the courts
of the United States to punish for contempts, are incorporated in
the Act  March 2,  1831. 4  Sharsw. cont. of Stor. L. U. S. 2256.
See Oswald's Case, 4 Lloyd's Debates, 141,. et seq.

   6. When  a person  is in  prison for  a contempt,  it has been
decided in  New York  that he  cannot be  discharged  by  another
judge, when  brought  before  him  on  a  habeas  corpus;    and,
according to  Chancellor Kent,  3 Com. 27, it belongs exclusively
to the  court offended to judge of contempts, and what amounts to
them;  and no other court or judge can, or ought to undertake, in
a collateral  way, to  question or  review an  adjudication of  a
contempt made by another competent jurisdiction.

   This way  be considered as the establisbed doctrine equally in
England as  in this  country. 3  Wils. 188 14 East, R. 12 Bay, R.
182 6  Wheat. R.  204 7  Wheat. R.  38;  1 Breese, R. 266 1 J. J.
Marsh. 575;   Charlt.  R. 136;  1 Blackf. 1669 Johns. 395 6 John.
337.

  CONTENTIOUS JURISDICTION, eccl. law. In those cases where there
is an  action or judicial process, and it consists in hearing and
determining the  matter between party and party, it is said there
is contentious  jurisdiction, in  contradistinction to  voluntary
jurisdiction, which  is exercised  in  matters  that  require  no
judicial proceeding,  as in  taking probate  of  wills,  granting
letters of administration, and the like. 3 Bl. Com. 66.

   CONTESTATIO LITIS, civil law. The joinder of issue in a cause.
Code of Pr. of Lo. art. 357.

   CONTESTATION. The  act by which two parties to an action claim
the same  right, or  when one claims a right to a thing which the
other denies;  a controversy. Wolff, Dr. de la Nat. 762.

   CONTEXT. The general series or composition of a law, contract,
covenant, or  agreement.

  2. When, there is any obscurity in the words of an agreement or
law, the  context must  be considered in its construction, for it
must be  performed according  to the  intention of its framers. 2
Cowen, 781,;  3 Miss. 447 1 Harringt. 154;  6 John. 43;  5 Gill &
John. 239;  3 B. & P. 565;  8 East, 80 1 Dall. 426;  4 Dall. 340;
3 S. & R. 609 See Construction;  Interpretation.

   CONTINGENT. What  may or  may not happen;. what depends upon a
doubtful event;  as, a contingent debt, which is a debt depending


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upon some uncertain event. 9 Ves. It. 110;  Co. Bankr. Laws, 245;
7 Ves.  It. 301;   1 Ves. & Bea. 176;  8 Ves. R. 334;  1 Rose, R.
523;  3 T. R. 539;  4 T. R. 570. A contingent legacy is one which
is  not   vested.  Will.  on  Executors,  h.  t.  See  Contingent
Remainder;  Contingent Use.

  CONTINGENT DAMAGES. Those given where the issues upon counts to
which no  demurrer has  been filed, are tried, before demurrer to
one or  more counts  in the  same declaration has been decided. 1
Str. 431.

   CONTINGENT ESTATE.  A contingent estate depends for its effect
upon an  event which  may or may not happen: as an estate limited
to a  person not in esse or not yet born. Crabb on Real Property,
b. 3, c. 1, sect. 2. §946.

   CONTINGENT REMAINDER, estates. An estate in remainder which is
limited to take effect, either to a dubious and uncertain person,
or upon  a dubious  and uncertain  event, by, which no present or
particular interest  passes to  the remainder-man,  so  that  the
particular estate  may chance  to be determined and the remainder
never take effect. 2, Bouv. Inst. n. 1832. Vide Remainder.

   CONTINGENT USE, estates. A use limited in a deed or conveyance
of land  which may  or may  not happen  to vest, according to the
contingency expressed in the limitation of such use. A contingent
use is such as by possibility may happen in possession, reversion
or remainder. 1 Rep. 121 Com. Dig. Uses, K. 6.

   CONTINUAL CLAIM,  English law.  When the  feoffee of  land  is
prevented from  taking possession  by fear  of menaces  or bodily
harm, he  may make  a claim  -to the  land in the presence of the
vares, and  if this claim is regularly made once every year and a
day, which  is then called a continual claim, it preserves to the
feoffee his  rights, and  is equal  to a  legal entry. 3 Bl. Com.
175;   2 Bl.  Com. 320;   1  Chit. Pr. 278 (a) in note;  Crabbe's
Inst. E. L. 403.

   CONTINUANCE, practice. The adjournment of a cause from one day
to another  is called  a continuance,  an entry  of which is made
upon the record.

   2. If  these continuances  are omitted,  the cause  is thereby
discontinued, and  the defendant  is discharged sine die, (q. v.)
without a day, for this term. By his appearance he has obeyed the
command of  the writ,  and, unless  he be  adjourned  over  to  a
certain day, he is no longer bound to attend upon that summons. 3
Bl. Com. 316.

   3. Continuances  may, however,  be entered at any time, and if
not entered, the want of them is aided or cured by the appearance
of the parties;  and Is a discontinuance can never be objected to
pendente placito,  so after  the judgment  it  is  cured  by  the
statute of jeofails. Tidd's Pr. 628, 835.


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   4. Before  the declaration  the continuance  is by  dies datus
prece partium;  after the declaration and before issue joined, by
imparlance;   after issue joined and before verdict, by vicecomes
non misit breve;  and after verdict or demurrer by curia advisare
vult. 1  Chit. Pl.  421, n.  (p);   see Vin. Abr. 454;  Bac. Abr.
Pleas, &c.  P;   Bac. Abr. Trial, H.;  Com. Dig. Pleader, V. See,
as to  the origin of continuances, Steph. Pl. 31;  1 Ch. Pr. 778,
779.

  CONTINUANDO, plead. The Dame of an averment sometimes contained
in a  declaration in  trespass, that  the injury  or trespass has
been continued. For example, if Paul turns up the ground of Peter
and tramples  upon his  grass, for three days together, and Peter
desires to  recover damages,  as well  for the subsequent acts of
treading down  the grass  and subverting  the soil,  as  for  the
first, he  must complain  of such  subsequent trespasses  in  his
actions brought  to compensate  the former.  This he  may  do  by
averring that  Paul, on such a day, trampled upon the herbage and
turned up  the ground, " continuing the said trespasses for three
days following."  This averment seems to impart a continuation of
the same  identical act  of trespass;  it has, however, received,
by continued  usage, another  interpretation, and is taken, also,
to denote  a repetition  of the  same kind  of injury.  When  the
trespass is  not of  the same  kind, it  cannot be  averred in  a
continuando;   for example,  when the  injury consists in killing
and carrying  away an  animal, there  remains nothing  to which a
similar injury may again be offered. 1 Wms. Saund. 24, n. 1.

   2. There  is a  difference  between  he  continuando  and  the
averment diversis diebus et temporibus, on divers days and times.
In the  former, the  injuries complained  of have  been committed
upon one  and the  same  occasion;    in  the  latter,  the  acts
complained  of,  though  of  the  same  kind,  are  distinct  and
unconnected, See  Gould, Pl. ch. 3, §86, et seq.;  Ham. N. P. 90,
91 Bac. A. Trespass, I 2, n. 2.

   CONTINUING CONSIDERATION.  A continuing  consideration is  one
which in  point of time remains good and binding, although it may
have served  before to  Support a contract. 1 Bouv. Inst. n. 628;
1 Saund. 320 e, note (5.)

   CONTINUING DAMAGES.  Those which  are continued  at  different
times, or which endure from one time to another. If a person goes
upon successive day's and tramples the grass of the plaintiff, he
commits continuing  damages;   or if one commit a trespass to the
possession, and  it is  in fact  injurious to  him  who  has  the
reversion or  remainder, this will be continuing damages. In this
last case the person in possession may have an action of trespass
against the wrong doer to his possession, and the reversioner has
an action against him for an injury to the reversion. 1 Chit. Pr.
266, 268, 385;  4 Burr. 2141 , 3 Car. & P. 817.

   CONTRA. Over;  against;  opposite to anything: as, such a case


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lays down a certain principle;  such other case, contra.

  CONTRA BONOS MORES. Against good morals.

   2. All  contracts contra  bonos mores,  are illegal. These are
reducible  to  Several  classes,  namely,  those  which  are,  1.
lncentive to crime. A claim cannot be sustained, therefore, on. a
bond for compounding a crime;  as, for example, a prosecution for
perjury;   2 Wils.  R. 341,  447;   or for  procuring a pardon. A
distinction has been made between a contract made as a reparation
for an  injury to  the honor  of a female, and one which is to be
the reward  of future  illicit cohabitation;   the former is good
and valid, and the latter is illegal. 3 Burr. 1568;  1 Bligh's R.
269.

  3. - 2. Indecent or mischievous consideration. An obligation or
engagement prejudicial  to the  feelings of  a third  party;   or
offensive to  decency or  morality;   or which  has a tendency to
mischievous or  pernicious consequences,  is void.  Cowp. 729;  4
Campb. R.  152;   Rawle's R. 42;  1 B. & A. 683;  4 Esp. Cas. 97;
16 East R. 150;  Vide Wagers.

   4. -  3.  Gaming.  The  statutes  against  gaming  render  all
contracts made  for the  purpose of  gaming, void.  Vide  Gaming;
Unlawful;  Void.

  CONTRA FORMAM STATUTI. Contrary to the form of the statute.

  2.- 1. When one statute prohibits a thing and another gives the
penalty, in  an action  for the  penalty, the  declaration should
conclude contra  fornam statutorum.  Plowd. 206;  2 East, R. 333;
Esp. on  Pen. Act.  111;  1 Gallis. R. 268. The same rule applies
to informations  and indictments.  2 Hale, P. C. 172;  2 Hawk. c.
25, §117 Owen, 135.

   3. - 2. But where a statute refers to a former one, and adopts
and,  continues   the  provisions   of  it,  the  declaration  or
indictment should conclude contraformam statuti. Hale, P. C, 172;
1 Lutw. 212.

  4. - 3. Where a thing is prohibited by several statutes, if one
only gives  the  action,  and  the  others  are  explanatory  and
restrictive, the  conclusion should  be  contra  formam  statuti.
Yelv. 116;   Cro. Jac. 187 Noy, 125, S. C.;  Rep. temp. Hard. 409
Andr. 115, S. C.;  2 Saund. 377.

  5. - 4. When the act prohibited was not an offence or ground of
action at  common law, it is necessary both in criminal and civil
cases to  conclude against the form of the statute or statutes. 1
Saund, 135, c.;  2 East, 333;  1 Chit. Pl. 358;  1 Saund. 249;  7
East, 516;  2 Mass. 116;  7 Mass. 9;  11 Mass. 280;  10 Mass. 36;
1 M'Cord, 121;  1 Gallis. 30.

   6. - 5. But if the act prohibited by the statute is an offence


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or ground  of action  at common law, the indictment or action may
be in  the common  law form, and the statute need not be noticed,
even though  it prescribe  a form of prosecution or of action-the
statute  remedy   being  merely  cumulative.  2  Inst.  200;    2
Burr.-803;   4 Burr.  2351;  3 Burr. 1418;  2 Wils. 146;  3 Mass.
515.

  7. - 6. When a statute only inflicts a punishment on that which
was an  offence at  common law,  the offence  prescribed  may  be
inflicted, though the statute is not noticed in the indictment. 2
Binn. 332.

   8. -  7. If  an indictment  for an offence at common law only,
conclude "against  the form  of the statute in such case made and
provided;"  or   "  the  form  of  the  statute"  generally,  the
conclusion will  be rejected  as surplusage,  and the  indictment
maintained as at common. law. 1 Saund. 135, 3.

   9. -  8. But  it will  be otherwise if it conclude against the
form  of  "the  statute  aforesaid,"  when  a  statute  has  been
previously recited.  1 Chit. Cr. Law, 266, 289. See further, Com.
Dig. Pleader  C 76;   5  Vin. Abr. 552, 556 1 Gallis. 26, 257;  9
Pick. 162  5 Pick.  128 2 Yerg. 390;  1 Hawks. 192;  3 Conn. 1 11
Mass. 280;  5 Greenl. 79.

  CONTRA PACEM, pleadings. Against the peace.

   2. In  actions of  trespass, the  words  contra  pacem  should
uniformly accompany  the allegation of the injury;  in some cases
they are  material to  the foundation  of the action. Trespass to
lands in a foreign country cannot be sustained. 4 T. R. 503 2 Bl.
Rep.. 1O58.

  3. The conclusion of the declaration, in trespass or ejectment,
should be contra pacem , though these are now mere words of form,
and not  traversable, and the omission of that allegation will be
aided, if  not specially  demurred to.  1 Chit.  Pl. 375,  6 vide
Arch. Civ.  Pl. 169;   5  Vin. Ab.  557 Com. Dig. Action upon the
case, C 4 Pleader, 3, M 8;  Prohibition, F 7.

   CONTRABAND, mar.  law. Its  most extensive  sense,  means  all
commerce which  is carried  on contrary to the laws of the state.
This term  is also  used to  designate all  kinds of  merchandise
which  are   used,  or  transported,  against  the  interdictions
published by a ban or solemn cry.

   2. The term is usually applied to that unlawful commerce which
is  so  carried  on  in  time  of  war.  Merlin,  Repert.  h.  t.
Commodities particularly  useful in  war are  contraband as arms,
ammunition, horses,  timber for  ship building, and every kind of
naval stores.  When articles  come into use as implements of war,
which  were   before  innocent,   they  may  be  declared  to  be
contraband. The  greatest difficulty to decide what is contraband
seems to  have occurred in the instance of provisions, which have


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not been  held to be universally contraband, though Vattel admits
that they  become so  on certain  occasions,  when  there  is  an
expectation of reducing an enemy by famine.

  3. In modern times one of the principal criteria adopted by the
courts for  the decision  of the question, whether any particular
cargo of  provisions be  confiscable as contraband, is to examine
whether tbose provisions be in a rude or manufactured state;  for
all articles,  in such  examinations, are  treated  with  greater
indulgence in  their natural  condition than when wrought tip for
the convenience of the enemy's immediate use. Iron, unwrought, is
therefore treated  with indulgence,  though  anchors,  and  other
instruments fabricated out of it, are directly contraband. 1 Rob.
Rep. 1  89. See  Vattel, b.  3, c.  7 Chitty's  L. of  Nat.  120;
Marsh. Ins. 78;  2 Bro. Civ., Law, 311;  1 Kent. Com. 135;  3 Id.
215.

   4. Contraband  of war, is the act by which, in times of war, a
neutral vessel  introduces, or  attempts to  introduce  into  the
territory of,  one of  the belligerent parties, arms, ammunition,
or other  effects intended  for,  or  which  may  serve,  hostile
operations. Merlin,  Repert. h. t. 1 Kent, Com. 135;  Mann. Comm.
B. 3,  c. 7;  6 Mass. 102;  1 Wheat. 382;  1 Cowen, 56 John. Cas.
77, 120.

   CONTRACT. This  term, in  its more  extensive sense,  includes
every description  of agreement, or obligation, whereby one party
becomes bound  to another to pay a sum of money, or to do or omit
to do  a certain  act;  or, a contract is an act which contains a
perfect  obligation.  In  its  more  confined  sense,  it  is  an
agreement between  two or  more persons,  concerning something to
be, done,  whereby both  parties are hound to each other, *or one
is bound  to the  other. 1  Pow. Contr. 6;  Civ. Code of Lo. art.
1754;   Code Civ.  1101;   Poth. Oblig.  pt. i.  c. 1,  S. 1, §1;
Blackstone, (2  Comm. 442,) defines it to be an agreement, upon a
sufficient consideration,  to do or not to do a particular thing.
A contract  has also  been defined to be a compact between two or
more persons. 6 Cranch, R. 136.

   2. Contracts  are divided  into express or implied. An express
contract is  one where  the terms  of the  agreement  are  openly
uttered and  avowed at  the time  of making,  as to  pay a stated
price for certain goods. 2 BI . Com. 443.

   3. Express  contracts are  of three  sorts 1.  BI parol, or in
writing, as contradistinguished from specialties. 2. By specialty
or under seal. 3. Of record.

   4. -  l. A  parol contract  is defined  to  be  a  bargain  or
voluntary agreement  made, either orally or in writing not under,
seal, upon  a good  consideration, between  two or  more  persons
capable of  contracting, to,  do a  lawful act,  or to omit to do
something, the performance whereof is not enjoined by law. 1 Com.
Contr. 2 Chit. Contr. 2.


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   5. From  this definition  it appears,  that  to  constitute  a
sufficient parol agreement, there must be, 1st. The reciprocal or
mutual assent of two or more persons competent to contract. Every
agreement ought  to be  so certain  and complete, that each party
may have  an  action  upon  it;    and  the  agreement  would  be
incomplete if  either party  withheld his  assent to  any of  its
terms. Peake's  R. 227;   3  T. R. 653;  1 B. & A. 681 1 Pick. R.
278. The  agreement must,  in  general,  be  obligatory  on  both
parties, or  it binds  neither. To  this rule there are, however,
some exceptions,  as in  the case of an infant's contract. He may
always sue, though he cannot be sued, on his contract. Stra. 937.
See other  instances;  6 East, 307;  3 Taunt. 169;  5 Taunt. 788;
3 B. & C. 232.

   6. -  2d. There must be a good and valid consideration, motive
or inducement to make the promise, upon which a party is charged,
for this  is of  the very  essence of  a contract under seal, and
must exist,  although the contract be reduced to writing. 7 T. R.
350, note  (a);   2 Bl.  Coin. 444. See this Dict. Consideration;
Fonb. Tr. Eq. 335, n. (a) Chit. Bills. 68.

   7. -  3d. There  must be  a thing  to be  done, wbicb  is  not
forbidden;  or a thing to be omitted, the performance of which is
not enjoined  by law.  A fraudulent  or immoral  contract, or one
contrary to public policy is void Chit. Contr. 215, 217, 222: and
it is  also void  if contrary  to a  statute. Id.  228 to 250;  1
Binn. 118;  4 Dall. 298 4 Yeates, 24, 84;  6 Binn. 321;  4 Serg &
Rawle, 159;   4  Dall. 269;   1 Binn. 110 2 Browne's R. 48. As to
contracts which  are void  for want  of  a  compliance  with  the
statutes of frauds, see Frauds, Statute of.

   8. -  2. The second kind of express contracts are specialties,
or those  which are  made under  seal, as  deeds, bonds,  and the
like;   they are  not merely  written, but  delivered over by the
party bound.  The  solemnity  and  deliberation  with  whicb,  on
account of  the ceremonies  to be  observed, a  deed or  bond  is
presumed to  be entered  into, attach  to it  an  importance  and
character which  do not  belong to a simple contract. In the case
of  a  specially,  no  consideration  is  necessary  to  give  it
validity, even in a court of equity. Plowd. 308;  7 T. R. 477;  4
B. &  A. 652;  3 T. R. 438;  3 Bingh. 111, 112;  1 Fonb. Eq, 342,
note When,  a contract  by specialty  has been changed by a parol
agreement, the  whole of  it becomes  a parol  contract. 2 Watts,
451;  9 Pick. 298;  see 13 Wend. 71.

   9. -  3. The  highest kind  of express  contracts are those of
record, such as judgments, recognizances of bail, and in England,
statutes merchant  and staple,  and other  securities of the same
nature,  cutered  into  with  the  intervention  of  some  public
authority. 2 Bl. Com. 465 . See Authentic Facts.

   10. Implied contracts are such as reason and justice dictates,
and which,  therefore, the  law presumes  every man undertakes to


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perform;  as if a man employs another to do any business for him,
or perform  any work,  the law implies that the former contracted
or undertook  to pay  the latter  as much  as his labor is worth;
see Quantum  merwit;   or if one takes up goods from a tradesman,
without any  agreement  of  price,  the  law  concludes  that  he
contracts to  pay their  value.  2  Bl.  Com.  443.  See  Quantum
valebant;  Assumpsit. Com. Dig. Action
 upon the case upon assumpsit, A 1;  Id. Agreement.

   11. By  the laws  of Louisiana,  when  considered  as  to  the
obligation of  the parties,  contracts are  either unilateral  or
reciprocal. When  the party to whom the engagement is made, makes
no  express  agreement  on  his  part,  the  contract  is  called
unilateral,  even   in  cases  where  the  law  attaches  certain
obligations to his acceptance. Civ. Code of Lo. art. 1758. A loan
for use,  and a  loan of money, are of this kind. Poth. Ob. P. 1,
c. 1,  s. 1,  art. 2.  A reciprocal contract is where the parties
expressly enter  into mutual  engagements such as sale, hire, and
the like. Id.

   12. Contracts,  considered in relation to their substance, are
either commutative or independent, principal or accessory.

   13. Commutative  contracts, are  those in  which what is done,
given or  promised by  one party, is considered as equivalent to,
or in  consideration of  what is  done, given  or promised by the
other. Civ. Code of Lo. art. 17GI.

  14. Independent contracts are those in which the mutual acts or
proniises have  no relation to each other, either as ecluivalents
or as considerations. Id. art. 1762.

   15. A  principal contract is one entered into by both parties,
on their accounts, or in the several qualities they assume.

   16. An accessory contract is made for assuring the performance
of a  prior contract,  either by  the same  parties or by others,
such as  suretyship, mortgage,  and pledges. Id. art. 1764. Poth.
Obl. p. 1, c. 1, s. 1, art. 2, n. 14.

   17. Contracts, considered inrelation to the motive for. making
them, are  either gratuitous  or onerous.  To be  gratuitous, the
object of  a contract  must be to benefit the person with whom it
is made,  without any  profit or advantage, received or promised,
as  a  consideration  for  it.  It  is  not,  however,  the  less
gratuitous, if  it proceed  either from  gratitude for  a benefit
before received,  or from  the hope  of receiving  one hereafter,
although such  benefits be  of a pecuniary nature. Id. art. 1766.
Any  thing   given  or  promised,  as  a  consideration  for  the
engagement or gift;  any service, interest, or condition, imposed
on what  is given  or promised,  although unequal to it in value,
makes a contract onerous in its nature. Id. art. 1767.

   18. Considered  in relation  to their  effects, contracts  are


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either certain  or hazardous.  A contract  is certain,  when  the
thing to  be done is supposed to depend on the will of the party,
or when,  in the  usual course  of events,  it must happen in the
manner stipulated.  It is hazardous, when the performance.of that
which is  one of  its objects, depends on an uncertain event. Id.
art. 1769.

  19. Pothier, in his excellent treatise on Obligations, p. 1, c.
1, s.  1, art.  2, divides  contracts under  the  five  following
heads:

  20.- 1. Into reciprocal and unilateral.

  21. - 2. Into consensual, or those which are formed by the mere
consent of  the parties,  such as  sale, hiring and mandate;  and
those in  which it  is necessary  there should  be something more
than mere  consent, such  as loan  of money,  deposite or pledge,
which from  their nature  require a delivery of the thing, (rei);
whence they are called real contracts. See Real Contracts.

  22.-3. Into-first, contracts of mutual interest, which are such
as are  entered into  for the  reciprocal interest and utility of
each of  the parties,  as sales  exchange, partnership,  and  the
like.

  23.-2d. Contracts of beneficence, which are those by which only
one of  the contracting  parties is  benefited, as loans, deposit
and mandate. 3d. Mixed contracts, which are those by which one of
the parties  confers a  benefit on the other, receiving something
of inferior  value in  return, such  as a  donation subject  to a
charge,

  24. - 4. Into principal and accessory.

   25. -  5. Into  those which  are subjected by the civil law to
certain rules  and forms,  and those  which ate regulated by mere
natural justice.  See, generally,  as to  contracts, Bouv.  Inst.
Index, h. t.;  Chitty on Contracts;  Comyn on Contracts;  Newland
on Contracts;  Com. Dig. titles Abatement, E 12, F 8;  Admiralty,
E 10,  11;   Action upon  the Case  upon Assumpsit;    Agreement;
Bargain and  Sale;  Baron and Feme, Q;  Condition;  Dett, A 8, 9;
Enfant, B  5;   Idiot, D  1 Merchant, E 1;  Pleader, 2 W, 11, 43;
Trade D  3;  War, B 2;  Bac. Abr. tit. Agreement;  Id. Assumpsit;
Condition;   Obligation;   Vin. Abr.  Condition;   Contracts  and
Agreements;   Covenants;  Vendor, Vendee;  Supp. to Ves. jr. vol.
2, p.  260, 295,  376, 441;   Yelv.  47;   4 Ves.  jr., 497, 671;
Archb. Civ. Pl. 22;  Code Civ. L. 3, tit. 3 to 18;  Pothier's Tr.
of  Obligations  Sugden  on  Vendors  and  Purchasers;    Story's
excellent treatise  on Bailments;  Jones on Bailments;  Toullier,
Droit Civil Francais, tomes 6 et 7;  Ham. Parties to Actions, Ch.
1;   Chit. Pr.  Index,  h.  t.;    and  the  articles  Agreement;
Apportionment;   Appropriation;  Assent;  Assignment;  Assumpsit;
Attestation;   Bailment;   Bargain and  sale;  Bidder;  Bilateral
contract;   Bill of  Exchange;   Buyer;   Commodate;   Condition;


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Consensual contract;   Conjunctive;  Consummation;  Construction;
Contracto of  benevolence;    Covenant;    Cumulative  contracts;
Debt;   Deed;   Delegation. Delivery;   Discharge  Of a contract;
Disjunctive;   Equity of  a redemption;    Exchange;    Guaranty;
Impairing the  obligation of  contracts;   Insurance;  Interested
contracts;  Item;  Misrepresentation;  Mortgage;  Mixed contract;
Negociorum gestor;   Novation;   Obligation;  Pactum constitutae,
pecuniae;  Partners;  Partnership;  Pledge;  Promise;  Purchaser;
Quasi contract;   Representatian;   Sale;   Seller;   Settlement;
Simple contract;   Synallagmatic  contract;  Subrogation;  Title;
Unilateral contract.

   CONTRACT or  BENEVOLENCE, Civil law. One which is made for the
benefit of only one of the contracting parties;  such as loan for
use, deposit, and mandate. Poth. Obl. n. 12. See Contracts.

  CONTRACTION. An abbreviation;  a mode of writing or printing by
which  some   of  the   letters  of   a  word  are  omitted.  See
Abbreviations.

  CONTRACTOR. One who enters into a contract this term is usually
applied to  persons who  undertake to do public work, or the work
for a company or corporation on a large scale, at a certain fixed
price, or  to furnish  goods to another at a fixed or ascertained
price. 2 Pardess. n. 300. Vide 5 Whart. 366.

   CONTRADICTION. The  incompatibility, contrariety,  and evident
opposition of  two ideas,  which are  the subject  of one and the
same proposition.

   2. In  general, when  a party  accused of  a crime contradicts
himself, it is presumed he does so because he is guilty for truth
does not  contradict itself,  and is  always consistent,  whereas
falsehood is  in general inconsistent and the truth of some known
facts will  contradict the  falsehood of  those which are falsely
alleged to  be true. But there must still be much caution used by
the judge,  as there  may be  sometimes  apparent  contradictions
which arise  either from  the timidity,  the  ignorance,  or  the
inability of  the party to explain himself, when in fact he tells
the truth.

   3. When a witness contradicts himself as to something which is
important in the case, his testimony will be much weakened, or it
may be  entirely discredited and when he relates a story of facts
which  he  alleges  passed  only  in  his  presence,  and  he  is
contradicted as  to other  facts which  are known  to others, his
credit will be much impaired.

   4. When two witnesses, or other persons, state things directly
opposed to  each other,  it is  the duty  of the judge or jury to
reconcile these apparent contradictions;  but when this cannot be
done, the  more improbable  statement must  be rejected;   or, if
both are entitled to the same credit, then the matter is as if no
proof had been given. See Circumstances.


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   CONTRAFACTION, crim.  law. Counterfeiting,  imitating. In  the
French law  contrafaction (contrefacon) is the illegal reprinting
of a  took for which the author or his assignee has a copyriglit,
to the prejudice of the latter. Merl' Repert. mot Contrefacon.

   CONTRAVENTION, French  law. An  act which  violates the law, a
treaty or  an agreement which the party has made. The Penal Code,
art. 1,  denominates a  contravention, that infraction of the law
punished by  a fine, which does not exceed fifteen francs, and an
imprisonment not exceeding three days.

   CONTRECTATION. The ability to be removed. In order to commit a
larceny, the  property must  have been  removed. When,  from  its
nature, it  is incapable  of contrectation, as real estate, there
can be  no larceny.  Bowy. Mod. Civ. Law, 268. See Larceny Furtum
est contrectatio rei fraudulosa. Dig. 47, 2. See Taking.

   CONTREFACON, French  law. Counterfeit.  This is a bookseller's
term, which  signifies the offence of those who print or cause to
be printed,  without lawful authority, a book of which the author
or his assigns have a copyright. Merl. Rep. h. t.

   CONTRIBUTION, civil law. A partition by which the creditors of
an insolvent  debtor divide, among themselves the proceeds of his
property,  proportionably  to  the  amount  of  their  respective
credits. Civ.  Code of Lo. art. 2522, n. 10. It is a division pro
rata. Merl. Rep. h. t.

  CONTRIBUTION, contracts. When two or more persons jointly owe a
debt, and one is compelled to pay the whole of it, the others are
bound to  indemnify him  for the  payment of  their shares;  this
indemnity is  called a contribution. 1 Bibb. R. 562;  4 John. Ch.
R. 545;  4 Bouv. Inst. n. 3935-6.

  2. The subject will be considered by taking a view, 1. Of right
of the creditors where there are several debtors. 2. Of the right
of the  debtor who  pays the whole debt. 3. Of the liabilities of
the debtors  who are  liable to contribution. 4. Of the liability
of land  owned by several owners, when it is subject to a charge.
5. Of  the liability of owners of goods in a vessel, when part is
thrown overboard to save the rest.

   3. - 1. The creditor of several debtors, jointly bound to him,
has a  right to  compel the  payment by  any he  may choose;  but
hecannot sue them severally, unless they are severally bound.

   4. -  2. When one of several debtors pays a debt, the creditor
is bound  in conscience, if not by contract, to give to the party
paying the  debt all  his remedies  against the  other debtors. 1
Cox, R.  318 S. C. 2 B. & P. 270 2 Swanst. R. 189, 192;  3 Bligh,
59 14  Ves. 160;  1 Ves. 31 12 Wheat. 596 1 Hill, Ch. R. 844, 351
1 Term.  St. It.  512, 517;   1 Ala. R. 23, 28;  11 Ohio It. 444,
449 8 Misso. It. 169, 175.


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   5.- 3. A debtor liable to contribution is not responsible upon
a contract,  but is  so in  equity. But  courts of common law, in
modern times,  have assumed a jurisdiction to compel contribution
among sureties,  in the  absence of any positive contract, on the
ground of  an implied  assumpsit, and each of the sureties may be
sued for his respective quota or proportion. White's L. C. in Eq.
66. The  remedy in  equity is,  however, much more effective. For
example, a surety who pays an entire debt, can, in equity, compel
the solvent  sureties to  contribute towards  the payment  of the
entire debt.  1 Chan. R. 34 1 Chan. Cas. 246;  Finch, R. 15, 203.
But at  law he  can recover  no more  than an aliquot part of the
whole, regard  being had  to the number of co-sureties. 2 B. & P.
268;  6 B. & C. 697.

   6. -  4. When land is charged with the payment of a legacy, or
an estate  with the  portion of a posthumous child, every part is
bound to  make contribution. 3 Munf. R. 29;  1 John. Ch. R. 425 2
Bouv. Inst. n. 1301.

  7. - 5. Contribution takes place in another case;  namely, when
in order  to save  a ship  or cargo, a part of the goods are cast
overboard, the ship and cargo are liable to contribution in order
to indemnify  the owner  of  the  goods  lost,  except  his  just
proportion. No  contribution can  be claimed  between joint wrong
doers. Bac.  Ab. Assumpsit A;  Vide 3 Com. Dig. 143;  8 Com. Dig.
373;   5 Vin. Ab. 561;  2 Supp. to Ves. jr. 159, 343;  3 Ves. jr.
64;  Wesk. Ins. 130;  10 S. & R. 75;  5 B. & Ad. 936;  S. C. 3 N.
& M.  258;  Rast. Entr. 161;  2 Ventr. 348;  2 Vern. 592;  2 B. &
P. 268;   3  B. &  P 235;  5 East, 225;  1 J. P. Smith 411 5 Esp.
194;   3 Campb. 480;  Gow, N. P. C. 13;  2 A. & E. 57;  4 N. & M.
64;  6 N. & M. 494.

   CONTRIBUTIONS, public  law. Taxes  or money contributed to the
support of the
 government.

  2. Contributions are of three kinds, namely: first, those which
arise  from  persons  on  account  of  their  property,  real  or
personal, or  which are imposed upon their industry - those which
are laid  on and paid by real estate without regard to its owner;
and -  those to  which  personal  property  is  subject,  in  its
transmission from  hand to hand, without regard to the owner. See
Domat, Dr. Publ. 1. 1, t. 5, s. 2, n. 2.

   3. this  is  a  generic  term  which  includes  all  kinds  of
impositions for the public benefit. See Duties;  Imports;  Taxes.

   4. By  contributions is  also meant  forced levy  of money  or
property by a belligerent in a hostile country which he occupies,
by which  means the  country is made to contribute to the support
of the  army of occupation. These contributions are usually taken
instead of  pillage. Vatt.  Dr. des  Gens, liv.  3, 9, §165;  Id.
liv. 4, c. 3, §29.


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   CONTROLLERS.  Officers  who  are  appointed,  to  examine  the
accounts of  other officers.  More usually  written comptrollers.
(q. v.)

  CONTROVER, obsolete. One who invents false news. 2 Inst. 227.

   CONTROVERSY. A dispute arising between two or more persons. It
differs from  case, which  includes all suits criminal as well as
civil;   whereas controversy  is  a  civil  and  not  a  criminal
proceeding. 2 Dall. R. 419, 431, 432;  1 Tuck. Bl. Com. App. 420,
421;  Story, Const. §1668.

   2. By the constitution of the United States the judicial power
shall extend to controversies to which the United States shall be
a party.  Art. 2,  1. The  meaning to  be attached  to  the  word
controversy in the constitution , is that above given.

   CONTUBERNIUM, civ.  law. As  among the  Romans, slaves  had no
civil state, their marriages, although valid according to natural
law, when contr acted with the consent of their masters, and when
there was  no legal  bar to them, yet were without civil effects;
they having  none except what arose from natural law;  a marriage
of this  kind was  called contubernium.  It was so called whether
both or  only one  of the  parties was  a slave.  Poth. Contr. de
Mariage, part 1, c. 2, §4. Vicat, ad verb.

  CONTUMACY, civil law. The refusal or neglect of a party accused
to appear and answer to a charge preferred against him in a court
of justice.  This word  is derived  from  the  Latin  contumacia,
disobedience. 1  Bro. Civ.  Law, 455;  Ayl. Parer. 196;  Dig. 50,
17, 52;  Code Nap. art. 22.

   2. Contumacy  is of  two kinds,  actual and  presumed:  actual
contumacy is when the party before the court refuses to obey some
order of the court;  presumed contumacy is the act of refusing or
declining to appear upon being cited. 3 Curt. Ecc. R. 1.

   CONTUMAX, civ.  law. One  accused of  a crime  who refuses  to
appear and answer to the charge. An outlaw.

   CONTUSION, med.  jurisp. An injury or lesion, arising from the
shock of  a body  with a large surface, which presents no loss of
substance, and  no apparent  wound. If  the skin  be divided, the
injury takes  the name of a contused wound. Vide 1 Ch. Pr, 38;  4
Carr. &  P. 381, 487, 558, 565;  6 Carr. & P. 684;  2 Beck's Med.
Jur. 178.

   CONUSANCE, CLAIM  OF, English  law. This  is defined  to be an
intervention by a third person, demanding judicature in the cause
against the  plaintiff, who has chosen to commence his action out
of claimant's court. 2 Wilson's R. 409.

   2. It  is a  question of  jurisdiction between  the two courts


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Fortesc. R. 157;  5 Vin. Abr. 588;  and not between the plaintiff
and defendant,  as in  the case  of plea to the jurisdiction, and
therefore it must be demanded by the party entitled to conusance,
or by  his representative,  and  not  by  the  defendant  or  his
attorney. Id. ibid. A plea to the jurisdiction must be pleaded in
person, but a claim of conusance may be made by attorney. 1 Chit.
Pl. 403.

   3. There  are three  sorts of  conusance. 1.  Tentere placita,
which does  not oust  another court of its jurisdiction, but only
creates a  concurrent one.  2. Cognitio placitorum, when the plea
is commenced in one court, of which conusance belongs to another.
3. A conusance of exclusive jurisdiction;  as that no other court
shall hold pica, &c. Hard. 509 Bac. Ab. Courts, D.

   CONUSANT. One  who knows as if a party knowing of an agreement
in which he has an interest, makes no objection to it, he is said
to be conusant. Co. Litt. 157.

   CONUSOR. The same as cognizor;  one who passes or acknowledges
a fine of lands or tenements to another. See Consignor.

   CONVENE, civil  law. This  is a  technical term, signifying to
bring an action.

   CONVENTIO, canon law. The act of convening or calling together
the parties,  by summoning the defendant. Vide Reconvention. When
the defendant  was brought to answer, he was said to be convened,
which the  canonists called  conventio, because the plaintiff and
defendant met  to contest.  Sto. Eq.  Pl. §402;  4 Bouv. Inst. n.
4117.

    CONVENTION,  contracts,  civil  law.  A  general  term  which
comprehends  all   kinds  of   contracts,  treaties,   pacts,  or
agreements. It  is defined  to be  the consent  of  two  or  more
persons to  form with each other an engagement, or to dissolve or
change one  which they had previously formed. Domat, Lois Civ. 1.
1, t.  1, s. 1 Dig. lib. 2, t. 14, 1. 1 Lib. 1, t. 1, 1. 1, 4 and
5;  1 Bouv. Inst. n. 100.

  CONVENTION, legislation. This term is applied to a selecting of
the delegates elected by the people for other purposes than usual
legislation. It  is mostly used to denote all assembly to make or
amend the constitution of, a state, but it sometimes indicates an
assembly of  the delegates  of the people to nominate officers to
be supported at an election.

   CONVERSANT. One  who is  in the habit of being in a particular
place, is said to be conversant there. Barnes, 162.

   CONVERSION.  torts.  the  uulawful  turning  or  applying  the
personal goods  of another  to the  use of  the taker, or of some
other person  than the,  owner;   or the  unlawful destroying  or
altering their  nature. Bull.  N. P.  44;   6 Mass. 20;  14 Pick.


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356;   3 Brod.  & Bing.  2;  Cro. Eliz. 219 12 Mod. 519;  5 Mass.
104;   6 Shepl. 382;  Story, Bailm. §188, 269, 306;  6 Mass. 422;
2 B.  & P. 488;  3 B. & Ald. 702;  11 M. & W. 363;  8 Taunt. 237;
4 Taunt. 24.

   2. When  a party takes away or wrongfully assumes the right to
goods which  belong to  another, it will in general be sufficient
evidence of  a conversion  but  when  the  original  taking  was,
lawful, as when the party found the goods, and the detention only
is illegal,  it is  absolutely necessary  to male a demand of the
goods, and  there must  be a  refusal to  deliver them before the
conversion will, be complete. 1 Ch. Pr. 566;  2 Saund. 47 e, note
1 Ch.  Pl. 179;  Bac. Ab. Trover, B 1 Com. Dig. 439;  3 Com. Dig.
142;   1 Vin.  Ab. 236;  Yelv. 174, n.;  2 East, R. 405;  6 East,
R. 540;   4  Taunt. 799  5 Barn.  & Cr. 146;  S. C. 11 Eng. C. L.
Rep. 185;   3  Bl. Com.  152;  3 Bouv. Inst. n. 3522, et seq. The
refusal by a servant to deliver the goods entrusted to him by his
master, is  not evidence  of a  conversion by his master. 5 Hill,
455.

   3. The tortious taking of property is, of itself, a conversion
15 John. R. 431 and any intermeddling with it, or any exercise of
dominion over it, subversive of the dominion of the owner, or the
nature of  the bailment,  if it  be bailed,  is,  evidence  of  a
conversion. 1  Nott &  McCord, R. 592;  2 Mass. R. 398;  1 Har. &
John. 519;   7  John. R.  254;   10 John. R. 172 14 John. R. 128;
Cro. Eliz. 219;  2 John. Cas. 411. Vide Trover.

   CONVERSION, in equity, The considering of one thing as changed
into another;   for example, land will be considered as converted
into money,  and treated  as such  by a court of equity, when the
owner has  contracted to sell his estate in which case, if he die
before the  conveyance, his  executors and  not his heirs will be
entitled to the money. 2 Vern. 52;  S., C. 3 Chan. R. 217;  1 B1.
Rep. 129.  On the  other hand,  money is converted into land in a
variety of  ways as  for example,  when a man agrees to buy land,
and dies  before he has received the conveyance, the money he was
to pay  for it  will be  considered as  converted into lands, and
descend to  the heir.  1 P.  Wms. 176  2 Vern.  227 10  Pet. 563;
Bouv. Inst. Index, h. t.

  CONVEYANCE, contracts. The transfer of the title to land by one
or more persons to another or others. By the term persons is here
understood  not   only  natural  persons  but  corporations.  The
instrument  which   conveys  the   property  is   also  called  a
conveyance. For  the several kinds of conveyances see Deed. Vide,
generally, Roberts  on Fraud.  Conv. passim;   16  Vin. Ab.  138;
Com. Dig. Chancery, 2 T 1;  3 M 2;  4 S 2;  Id. Discontinuance, C
3, 4,  5;   Id. Guaranty, D;  Id. Pleader, C 37;  Id. Poiar, C 5;
Bouv. Inst.  Index, h.  t. The  whole of  a conveyance,  when  it
consists  of  different  parts  or  instruments,  must  be  taken
together, and  the  several  parts  of  it  relate  back  to  the
principal part;   4 Burr. Rep. 1962;  as a fine;  2 Burr. R. 704;
or a  recovery;   2 Burr.  Rep. 135.  2. When there is no express


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agreement to  the contrary,  the expense  of the conveyance falls
upon the  purchaser;  2 Ves. Jr. 155, note;  who must prepare and
tender the  conveyance but see contra, 2 Rand. 20. The expense of
the execution of the conveyance is, on the contrary, always borne
by the  vendor. Sugd.  Vend. 296;  contra, 2 Rand. 20;  2 McLean,
495. Vide  5 Mass.  R. 472;   3  Mass. 487;   Eunom. Dial. 2, 12;
Voluntary Conveyance.

   CONVEYANCE OF  VESSELS. The act of congress, approved the 29th
July, 1850,   entitled  an  act  to  provide  for  recording  the
conveyances of  vessels and  for other  purposes, enacts  that no
bill of  sale, moortgage,  hypothecation  or  conveyance  of  any
vessel, or  part of  any vessel  of the  United States,  shall be
valid against  any person,  other than  the grantor or mortgagor,
his heirs and devisees, and persons having actual notice thereof,
unless such,  bill of sale, mortgage, hypothecation or conveyance
be recorded  in the office of the collector of the customs, where
such vessel is registered or enrolled. Provided, that the lien by
bottomry on  any vessel,  created during her voyage, by a loan of
money or  materials necessary  to repair or enable such vessel to
prosecute a  voyage, shall not lose its priority or be in any way
affected by  the provisions  of the  act. See. 2 enacts, that the
collectors of  the customs  shall record  all such bills of sale,
mortgages,  hypothecations   or   conveyances,   and   also   all
certificates for discharging and cancelling any such conveyances,
in a  book or  books to be kept for that purpose, in the order of
their reception;   noting  in said book or books, and also on the
bill of  sale, mortgage,  hypothecation or  conveyance, the  time
when the  same was  received;   and shall  certify on the bill of
sale, mortgage,  hypothecation or  conveyance, or  certificate of
discharge or  cancellation, the number of the book and page where
recorded and  shall receive,  for so recording such instrument of
conveyance or  certificate of  discharge,  fifty  cents.  Sec.  3
enacts, that the collectors of the customs shall keep an index of
such records, inserting alphabetically the names of the vendor or
mortgagor, and  of the vendee or mortgagee, and shall permit said
index and  books of 'records to be inspected during office hours,
under such  reasonable regulations  as  they  may  establish  and
shall, when required, furnish to any person a certificate setting
forth the  names of  the  owners  of  any  vessel  registered  or
enrolled, the  parts or proportions owned by each, if inserted in
the register  or enrollment,  and also  the material facts of any
existing  bill   of  sale,   mortgage,  hypothecation,  or  other
incumbrance upon  such vessel,  recorded since the issuing of the
last register  or enrollment;   viz.  the date,  amount  of  such
incumbrance, and  from and  to whom  or in  whose favor made. The
collector shall  receive for  each such  certificate one  dollar.
Sec. 4. By this section it is enacted, that the collectors of the
customs shall  furnish certified  copies of  such records, on the
receipt of  fifty cents for each bill of sale, mortgage, or other
conveyance. Sect.  5. This  section provides  that the  owner  or
agent of  the owner  of any vessel of the United States, applying
to a  collector of  the customs for a register or enrollment of a
vessel, shall, in addition to the oath now prescribed by law, set


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forth, in  the oath  of ownership, the part or proportion of such
vessel belonging to each owner, and the same shall be inserted in
the register  of enrollment;   and  that all  bills  of  sale  of
vessels registered  or enrolled  shall set  forth the part of the
vessel owned  by each  person selling,  and the  part conveyed to
each person purchasing.

   CONVEYANCER. One  who makes  it his  business to draw deeds of
conveyance of lands for others., 3 Bouv. Inst. n. 2422.

   2. It is usual also for conveyancers to act as brokers for the
seller. In  these  cases  the  conveyancer  should  examine  with
scrupulous exactness  into the  title  of  the  lands  which  are
conveyed by his agency, and, if this be good, to be very cautious
that the  estate be,  not encumbered. In cases of doubt he should
invariably propose  to his  employer to  take the  advice of  his
counsel.

   3. Conveyancers  also act  as brokers for the loan of money on
real estate,  Secured  by  mortgage.  The  same  care  should  be
observed in these cases.

   CONVICIUM, civil law. The name of a species of slander, or, in
the meaning of the civil law, injury, uttered in pubic, and which
charged some  one with  some act  contra bonos  mores. Vicat,  ad
verb;  Bac. Ab. Slander.

   CONVICT. One who has been condemned by a competent court. This
term is  wore commonly applied to one who has been convicted of a
crime or  misdemeanor. There  are various local acts which punish
the importation of convicts.

   CONVICTION, practice.  A condemnation.  In its  most extensive
sense  this   word  signifies   the  giving  judgment  against  a
defendant, whether criminal or civil. In a more limited sense, it
means, the  judgment given  against the criminal. And in its most
restricted sense  it is  a record of the summary proceedings upon
any penal  statute before  one or  more justices of the peace, or
other persons  duly authorized,  in a case where the offender has
been convicted  and sentenced:  this last  is  usually  termed  a
summary conviction.

   2. As  summary. convictions have been introduced in derogation
of the common law, and operate to the exclusion of trial by jury,
the courts  have required  that the  strict letter of the statute
should be  observed 1  Burr. Rep.  613 and  that the  magistrates
should have  been guided by rules similar to those adopted by the
common law,  in criminal  prosecution,  and  founded  in  natural
justice;   unless when  the statute  dispenses with  the form  of
stating them.

   3. The general rules in relation to convictions are, first, it
must be  under the hand and seal of the magistrate before whom it
is taken;   secondly,  it must be in the present tense, but this,


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perhaps, ought  to extend only to the judgment;  thirdly, it must
be certain;   fourthly, although it is well to lay the offence to
be  contra   pacem,  this  is  not  indispensable;    fifthly,  a
conviction cannot be good in part and bad in part.

   4. A  conviction usually  consists of  six parts;   first, the
information;  which should contain, 1. The day when it was taken.
2. The place where it was taken.  3. The name of the informer. 4.
The name  and style  of the  justice or  justices to  whom it was
given. 5. The name of the offender. 6. The time of committing the
offence. 7.  The place  where the  offence was  committed. 8.  An
exact decription of the offence.

  5. Secondly, the summons.

  6. Thirdly, the appearance or non-appearance of the defendant.

  7. Fourthly, his defence or confessions.

   8. Fifthly,  the evidence. Dougl. 469;  2 Burr. 1163;  4 Burr.
2064.

   9. Sixthly,  the judgment or adjudication, which should state,
1. That the defendant is convicted. 2. The forfeiture or penalty.
Vide Bosc.  on Conviction;   Espinasse on Penal Actions;  4 Dall.
266;   3 Yeates,  475;   1 Yeates,  471. As  to the  effect of  a
conviction as  evidence in  a civil case, see 1 Phil. Ev. 259;  8
Bouv. Inst. 3183.

   CONVOCATION, eccles. law. This word literally signifies called
together. The  assembly of  the representatives of the clergy. As
to the  powers of  convocations, see  Shelf. on  M. & D. 23., See
Court of Convocation.

  CONVOY, mar. law. A naval force under the command of an officer
appointed by government, for the protection of merchant ships and
others, during  the whole  voyage, or such part of it as is known
to require  such protection.  Marsh. Ins.  B. 1, c. 9, s. 5 Park.
Ins. 388.

   2. Warranties  are sometimes inserted in policies of insurance
that the  ship shall  sail  with  convoy.  To  comply  with  this
warranty, five  things are  essential;  first, the ship must sail
with the  regular convoy  appointed by the government;  secondly,
she  must   sail  from  the  place  of  rendezvous  appointed  by
government;    thirdly,  the  convoy  must  be  for  the  Voyage;
fourthly,  the  ship  insured  must  have  sailing  instructions;
fifthly, she  must depart  and continue  with the convoy till the
end of  the voyage, unless separated by necessity. Marsh. Ins. B.
1, c. 9, s. 5.

   CO-OBLIGOR, contracts.  One who  is bound together with one or
more others to fulfil an obligation. As to what will constitute a
joint obligation,  see 5  Bin. 199;   Windham's Case, 5 Co. 7;  2


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Ev. Poth.  63;   Ham.  Parties,  29,  20,  24;    1  Saund.  155;
Saunders, Arguendo  and note  2;   5 Co.  18 b,  19 a, Slingsly's
Case. He may be jointly, or severally bound.

   2. When  obligors are jointly and not severally bound to pay a
joint debt,  they must  be sued jointly during their joint lives,
and after  the death  of some of them, the survivors alone can be
sued;   each is  bound to  pay the whole debt, having recourse to
the others  for contribution.  See 1 Saund. 291, n. 4;  Hardress,
198;   2 Ev.  Poth. 63, 64, 66. Yet an infant co-obligor need not
be  joined,  for  his  infancy  may  be  replied  to  a  plea  of
non-joinder in  abatement. 3  Esp. 76;   5  Esp. 47;  also, see 5
Bac. Abr. 163-4;  2 Vern. 99;  2 Moss. Rep. 577;  1 Saund. 291 b,
n. 2;  6 Serg. & R. 265, 266;  1 Caines' Cases in Err. 122.

   3. When  co-obligors are  severally bound,  each may  be  sued
separately;   and in  case of  the death  of any one of them, his
executors or administrators may be sued.

  4. On payment of the obligation by any one of them, when it was
for a  joint debt, the payer is entitled to contribution from the
other co-obligors.

  COOL BLOOD. A phrase sometimes used to signify tranquillity, or
calmness;   that is,  the condition  of one  who has the calm and
undisturbed  use   of  his  reason.  In  cases  of  homicide,  it
frequently becomes necessary to. ascertain whether the act of the
person killing  was done  in cool  blood  or  not,  in  order  to
ascertain the  degree of  his guilt. Bac. Ab. Murder, B;  Kiel 56
Sid. 177 Lev. 180. Vide Intention;  Murder;  Manslaughter;  Will.

   CO-OPTATION. A concurring choice. Sometimes applied to the act
of the members of a corporation, in choosing a person to supply a
vacancy. in their body.

   COPARCENERS, estates.  Persons on  whom lands  of  inheritance
descend from  their ancestor. According to the English law, there
must be  no males;   that  is no  the rule  in this country. Vide
Estates in  Coparcenary, and  4 Kent, Com. 262;  2 Bouv. Inst. n.
187 L-2.

  COPARTNER. One who is a partner with one or more other persons;
a member of a partnership.

   COPARTNERSHIP. This  word is  frequently used  in the sense of
partnership. (q. v.)

  CO-PLAINTIFF. One who is plaintiff in an action with another.

  COPULATIVE TERM. One which is placed between two or more others
to join  them together:  the word and is frequently used for this
purpose. For example, a man promises to pay another a certain sum
of money,  and to  give his note for another sum: in this case he
must perform both.


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   2. But  the copulative  may  sometimes  be  construed  into  a
disjunctive, (q.  v.) as,  when things are copulated which cannot
possibly be  so;   for example,  " to die testate and intestate."
For examples  of construction of disjunctive terms, see the cases
cited at the word Disjunctive, and Ayl. Pand. 55;  5 Com. Dig.
 338;   Bac.  Ab. Conditions,  P 5;  Owen, 52;  Leon. 74;  Golds.
71;  Roll. Ab. 444;  Cro. Jac. 594.

  COPY. A copy is a true transcript of an original writing.

   2. Copies  cannot be  given in  evidence, unless proof is made
that the  originals, from  which they  are taken, are lost, or in
the power  of the  opposite party;   and in the latter case, that
notice has  been given  him to  produce the original. See 12 Vin.
Abr. 97;   Phil.  Ev. Index, h. t.;  Poth. Obl. Pt. 4, c. 1, art.
33 Bouv.  Inst. n.  3055. 3.  To prove  a copy  of a  record, the
witness must  be able  to swear that he has examined it, line for
line, with  the original, or has examined the copy, while another
person read  the original.  1 Campb.  R. 469. It is not requisite
that the persons examining should exchange, papers, and read them
alternately. 2  Taunt. R.  470. Vide, generally, 3 Bouv. Inst. n.
3106-10;   1 Stark.  R. 183;  2 E. C. L. Rep. 183;  4 Campb. 372;
2 Burr.1179;   B.N.P.129;   1 Carr. & P. 578. An examined copy of
the books  of unincorporated  banks are not, per se, evidence. 12
S. & R. 256. See 13 S. & R. 135, 334;  2 N. & McC. 299.

  COPYRIGHT. The property which has been secured to the author of
a book,  map,  chart,  or  musical  composition,  print,  cut  or
engraving, for  a limited  time, by  the constitution and laws of
the United  States. Lord  Mansfield defines copy, or as it is now
termed copyright,  as  follows:  I  use  the  word  copy  in  the
technical sense  in which  that name  or term  has been  used for
ages, to  signify an  incorporeal right  to the sole printing and
publishing of  something intellectual, communicated by letters. 4
Burr. 3296;  Merl. Repert. mot Contrefacon.

   2. This subject will be considered by taking a view of, 1. The
legislation of the United States. 2. Of the persons entitled to a
copyright. 3.  For what it is granted. 4. Nature of the right. 5.
Its duration.  6. Proceedings to obtain Such right. 7. Requisites
after the grant. 8. Remedies. 9. Former grants.

  3. - §1. The legislation of the United States. The Constitution
of the  United States,  art. 1, s. 8, gives power to congress "to
promote  the  progress  of  science,  and  the  useful  arts,  by
securing, for  limited  times,  to  authors  and  inventors,  the
exclusive right  to their respective writings and discoveries. In
pursuance of  this constitutional  autbority, congress passed the
act of May 31, 1790;  1 Story's L. U. S. 94, and the act of April
29, 1802, 2 Story's L.  U. S. 866, but now repealed by the act of
February 3,  1831, 4  Shars. Cont. of Story, 2221, saving, always
such rights  as may  have been  obtained in  conformity to  their
provision. By this last mentioned act, entitled " An act to amend


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the several  acts respecting  copyrights,"  the  subject  is  now
regulated.

   4.- §2.  Of the persons entitled to a copyright. Any person or
persons, being  a citizen  or citizens  of the  United States, or
resident therein,  who is  the author  or authors  of any book or
books, map,  chart, or  musical composition, or who has designed,
etched, engraved,  worked, or  caused to  be engraved,  etched or
worked from  his own  design, any  print or  engraving,  and  the
executors,  administrators,  or  legal  representatives  of  such
person or persons. Sect. 1, and sect. 8.

   5. - §3. For what work the copyright is granted. The copyright
is granted  for  any  book  or  books,  map,  chart,  or  musical
composition, which may be now, (February 3, 1831, the date of the
act,) made  or composed,  and not  printed or published, or shall
hereafter be  made or  composed, or any print or engraving, which
the author has invented, designed, etched, engraved or worked, or
caused to  be engraved,  etched or  worked from  his own  design.
Sect. 1.

   6.- §4.  Nature of  the right. The person or persons to whom a
copyrigbt has  been lawfully  granted, have  the sole  right  and
liberty of printing, reprinting, publishing and vending such book
or  books,   map,  chart,  musical  composition,  print,  out  or
engraving, in whole or in part. Sect. 1.

   7.- §5.  Duration of  the copyright. The right extends for the
term of  twenty-eight Years  from the time of recording the title
of the  book, &c.,  in the  office of  the clerk of the court, as
directed by law. Sect. 1.

  8. But this time may be extended by the following provisions of
the act.

   9. Sect.  2. If,  at the  expiration of  the aforesaid term of
years, such author, inventor, designer, engraver, or any of them,
where the work had been originally composed and made by wore than
one person,  be still  living, and  a citizen  or citizens of the
United States,  or resident  therein, or  being dead,  shall have
left a  widow, or  child, or children, either or all then living,
the same  exclusive right  shall be  continued  to  such  author,
designer, or  engraver, or if dead, then to such widow and child,
or children,  for the  further term  of fourteen years: Provided,
that the  title of  the work  so secured  shall be  a second time
recorded, and  all such  other regulations as are herein required
in regard  to original copyrights, be complied with in respect to
such renewed  copyright, and  that within  six months  before the
expiration of the first term.

   10. Sect.  3. In  all cases of renewal of copyright under this
act, such  author or proprietor shall, within two months from the
date of,  said renewal,  cause a copy of the record thereof to be
published in  one or more of the newspapers printed in the United


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States, for the space of four weeks.

   11. -  Sect. 16.  Whenever a  copyright  has  been  heretofore
obtained  by   an  author  or  authors,  inventor,  designer,  or
engraver, of  any book,  map, chart, print, cut, or engraving, or
by a  proprietor of  the same;   if  such author  or authors,  or
either of  them such  inventor, desiginer, or engraver, be living
at the  passage of this act, then, such author or authors, or the
survivor of  them, such  inventor, engraver,  or designer,  shall
continue to  have tbe  same exclusive  right to  his book, chart,
map, print,  cut or  engraving, with  the benefit of each and all
the provisions  of this  act, for  the security thereof, for such
additional period  of time  as will, together with the tune which
shall have  elapsed from  the first entry of such copyright, make
up the  term of  twenty-eight years,  with the  same right to his
widow, child,  or  children,  to  renew  the  copyright,  at  the
expiration thereof,  as is  provided in  relation  to  copyrights
originally secured under this act. And if such author or authors,
inventor, designer,  or engraver,  shall not  be  living  at  the
passage of  this act,  then, his  or their  heirs, executors  and
administrators, shall be entitled to the like exclusive enjoyment
of  said  copyright,  with  the  benefit  of  each  and  all  the
provisions of  this act  for the security thereof, for the period
of twenty-eight years from the first entry of said copyright with
the like  privilege of  renewal to the widow, child, or children,
of author  or authors,  designer, inventor,  or engraver,  as  is
provided in  relation to copyrights originally secured under this
act.

  12. - §6. Proceedings to obtain a copyright. No person shall be
entitled to  the benefit  of this  act, unless  he shall,  before
publication, deposit a printed copy of the title of such book, or
books, map, chart, musical composition, print, out, or engraving,
in the  clerk's office  of the  district court  of  the  district
wherein the  author or  proprietor shall reside, and the clerk of
such court  is hereby  directed and  required to  record the same
therein forthwith,  in a book to be kept for that purpose, in the
words following (giving a copy of the title under the seal of the
court, to  the said  author  or  proprietor,  whenever  he  shall
require the  same:) "  District of_____to  wit: Be it remembered,
that on  the _____  day of  ______ Anno Domini, A. B. of the said
district, hath  deposited in  this office  the title  of a  book,
(map, chart,  or otherwise,  as the  case may  be,) the  title of
which is  in the  words following,  to wit;    (here  insert  the
title;) the  right whereof he claims as author (or proprietor, as
the case  may be  in conformity with an act of congress, entitled
'An act  to amend  the several acts respecting copyrights.' C. D.
clerk of  the district."  For which  record, the  clerk shall  be
entitled to  receive from  the  person  claiming  such  right  as
aforesaid, fifty  cents;   and the like sum for every copy, under
seal, actually  given to  such person  or his assigns. The act to
establish the  Smithsonian  Institution,  for  the  increase  and
diffusion of  knowledge among  men, enacts,  section 10, that the
author  or   proprietor  of   any  book,   map,  chart,   musical


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composition, print,  cut, or  engraving, for,  which a  copyright
shall be  secured under  the existing  acts of congress, or those
'which shall  hereafter be  enacted respecting copyrights, shall,
within three  months from  the publication  of said  book,  etc.,
deliver or  cause to  be delivered,  one copy  of the same to the
librarian of  the Smithsonian  Institution, and  one copy  to the
librarian,  of   Congress  Library,  for  the  use  of  the  said
libraries.

   13.- §7.  Requisites after  the  grant.  No  person  shall  be
entitled to  the benefit  of  this  act,  unless  he  shall  give
information  of   copyright  being   secured,  by-causing  to  be
inserted, in  the  several  copies  of  each  and  every  edition
published during the term secured, on the title page, or the page
immediately following,  if it  be a  book, or,  if a  map, chart,
musical composition,  print, cut,  or engraving, by causing to be
impressed on  the face  thereof, or  if a volume of maps, charts,
music or  engravings, upon  the title or frontispice thereof, the
following words,  viz: " Entered according to act of congress, in
the year by A. B., in the clerk's office of the district court of
___________________" (as the case may be.)

   14. The  author or  proprietor of  any such  book, map, chart,
musical composition,  print, cut,  or  engraving,  shall,  within
three months  from the  publication of  said  book,  map,  chart,
musical composition,  print, cut,  or engraving, deliver or cause
to be  delivered a  copy. of  the  same  to  the  clerk  of  said
district. And  it shall be the duty of the clerk of each district
court, at  least once in every year, to transmit a certified list
of all  such  records  of  copyright,  including  the  titles  so
recorded, and the date of record, and also all the several copies
of books  or other  works deposited  in his  office, according to
this act,  to the  secretary of  state, to  be preserved  in  his
office.

   15.- §8. The remedies may be considered with regard, 1. To the
penalties wbich  may be  incurred. 2.  The issue in actions under
this act. 3. The costs. 4. The Iimitation.

   16. -  1. The  penalties imposed by this act relate, first, to
the violation  of the  copyright of books secondly, the violation
of the  copyright of prints, outs or engravings, maps, charts, or
musical compositions  thirdly, the  printing or publishing of any
manuscripts  without   the  consent   of  the   author  or  legal
proprietor;   fourthly, for  inserting in any book, &c., that the
copyright has been secured contrary to truth.

   17. -  First. If  any other  person or persons, from and after
recording the  title of any book or books, according to this act,
shall, within  the term  or terms herein limited, print, publish,
or import,  or cause  to be  printed, published, or imported, any
copy of  such book  or books,  without the  consent of the person
legally entitled to the copyright thereof, first had and obtained
in writing, signed in presence of two or more credible witnesses,


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or shall, knowing the same to be so printed or imported, publish,
sell, or  expose to  sale, or  cause to  be published,  sold,  or
exposed to  sale, any  copy of such book, without such consent in
writing, then such offender Shall forfeit every copy of such book
to the  person legally,  at the  time, entitled  to the copyright
thereof and shall also forfeit and pay fifty cents for every such
sheet which  may be  found in  his possession,  either printed or
printing, published,  imported, or  exposed to sale, contrary tor
the intent  of this  act;   the one  moiety thereof to such legal
owner of  the copyright as aforesaid, and the other to the use of
the United  States;   to be  recovered by  action of  debt in any
court having competent jurisdiction thereof.

   18. -  Secondly. If any person or persons, after the recording
the title  of any print, cut or engraving, map, chart, or musical
composition, according  to the  provisions of  this  act,  shall,
within the  term or  terms limited by this act, engrave, etch, or
work, sell,  or Copy, or cause to be engraved, etched, worked, or
sold, or  copied, either  on the whole, or by varying, adding to,
or diminisbing  the main design, with intent to evade the law, or
shall print  or import  for sale,  or  cause  to  be  printed  or
imported for  sale, any  such map,  cbart,  musical  composition,
print, cut,  or engraving,  or any  parts  thereof,  without  the
consent  of  the  proprietor  or  proprietors  of  the  copyright
thereof, first obtained in writing, signed in the presense of two
credible witnesses;   or,  knowing the  same to  be so printed or
imported, without such consent, shall publish, sell, or expose to
sale, or  in any  manner dispose  of any such map, chart, musical
composition, engraving,  cut, or  print, without such consent, as
foresaid;   then such offenders shall forfeit the plate or plates
on which such map, chart, musical composition, engraving, cut, or
print, shall  be copied,  and also all and every sheet thereof so
copied or printed, as aforesaid, to the proprietor or proprietors
of the  copyright thereof;   and shall further forfeit one dollar
for every  sheet of  such map, chart, musical composition, print,
cut, or engraving, which may be found in his or their possession,
printed or  published, or  exposed to  sale, contrary to the true
intent and  meaning of  this act;   the one moiety thereof to the
proprietor or proprietors, and the other moiety to the use of the
United States,  to be  recovered in  any court  having  competent
jurisdiction thereof.

   19. Nothing  in this  act shall  be  construed  to  extend  to
prohibit the  importation or  vending, printing or publishing, of
any map,  chart, book,  musical composition, print, or engraving,
written, composed,  or made  by any person not being a citizen of
the United States, nor resident within the jurisdiction thereof.

   20. Thirdly. Any person or persons, who shall print or publish
any manuscript  whatever, without  the consent  of the  author or
legal proprietor  first obtained as aforesaid, (if such author or
proprietor be  a  citizen  of  the  United  States,  or  resident
therein,) shall  be liable  to suffer  and pay  to the  author or
proprietor all damages occasioned by such injury, to be recovered


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by a  special action  on the  case founded  upon this act, in any
court having  cognizance thereof;   and the several courts of the
United States  empowered to  grant  injunctions  to  prevent  the
violation of  the rights  of authors  and inventors,  are  hereby
empowered to  grant injunctions, in like manner, according to the
principles  of  equity,  to  restrain  such  publication  of  any
manuscript, as aforesaid.

   21.-Fourthly. If  any person  or persons,  from and  after the
passing of this act, shall print or publish any book, map, chart,
musical composition, print, cut, or engraving, not having legally
acquired the  copyright thereof, and shall insert or impress that
the same hath been entered according to act of congress, or words
purporting the  same, every person so offending shall forfeit and
pay one  hundred dollars;   one  moiety thereof to the person who
shall sue  for the  same, and  the other to the use of the United
States, to  be re-covered  by action  of debt,  in any  court  of
record leaving cognizance thereof.

   22. -  2. The issue. If any person or persons shall be sued or
prosecuted, for  any matter, act or thing done under or by virtue
of this act, he or they may plead the general issue, and give the
special matter in evidence.

   23. -  3. The  costs. In all recoveries under this act, either
for damages,  forfeitures, or  penalties,  full  costs  shall  be
allowed thereon,  anything in  any former  act  to  the  contrary
notwithstanding.

   24. - 4. The limitation of actions is regulated as follows. No
action  or  prosecution  shall  be  maintained  in  any  case  of
forfeiture or  penalty under this act, unless the same shall have
been commenced  within two  years after the cause of action shall
have arisen.

  25. - §9. Former grants. All and several the provisions of this
act, intended for the protection and security of. copyrights, and
providing  remedies,   penalties,  and  forfeitures  in  case  of
violation thereof,  shall be  held and construed to extend to the
benefit of  the legal proprietor or proprietors of each and every
copyright heretofore  obtained, according to law, during the term
thereof, in the same manner as if such copyright had been entered
and secured  according to  the directions of this act. And by the
16th section it is provided that this act shall not extend to any
copyright heretofore  secured, the  term  of  which  has  already
expired.

   26. Copyrights  are secured  in most  countries of  Europe. In
Great Britain,  an author  has a copyright in his work absolutely
for twenty-eight  years, and  if he  be living at the end of that
period, for  the residue of his life. In France, the copyright of
an author  extends to  twenty years  after his death. In most, if
not in  all the  German states, it is perpetual;  it extends only
over the state in which it is granted. In Russia, the right of an


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author or  translator continues  during his  life, and  his heirs
enjoy the  privilege twenty-five  years afterwards. No manuscript
or printed  work of  an author  can be  sold for his debts. 2 Am.
Jur. 253, 4. Vide, generally, 2 Am. Jur. 248;  10 Am. Jur. 62;  1
Law Intell. 66;  and the articles Literary property;  Manuscript.

   COPYHOLD, estate  in the  English law.  A copyhold estate is a
parcel of a manor, held at the will of the lord, according to the
custom of  the manor, by a grant from the lord, and admittance of
the tenant, entered on the rolls of the manor court. Cruise, Dig.
t. 10, c. 1, s. 3. Vide Ch. Pr. Index, h. t.

   CORAM. In  the presence  of;   before. Coram nobis, before us;
coram vobis, before you;  coram non judice, is said of those acts
of a  court which  has no  jurisdiction, either  over the person,
the, cause,  or the  process.  1  Con.  40.  Such  acts  have  no
validity.  Where  a  thing  is  required  to  be  done  before  a
particular person, it would not be considered as done before him,
if he  were asleep  or non compos. Vide Dig. 4, 8, 27, 5;  Dane's
Ab. Index,  h. t.;  5 Harr. & John. 42;  8 Cranch, 9;  Paine's R.
55;  Bouv. Inst. Index, h. t.

   CORD, measures.  A cord  of wood  must, when the wood is piled
close, measure eight feet by four, and the wood must be four feet
long. There are various local regulations in our principal cities
as to the manner in which wood shall be measured and sold.

   CORN. In  its most  comprehensive sense,  this term  signifies
every sort  of grain,  as well  as peas  and beans,  this is  its
meaning in  the  memorandum  usually  contained  in  policies  of
insurance. But  it does  not include  rice.  1  Park.  Ins.  112;
Marsh. Ins. 223, note;  Stev. on Av. part 4, art. 2;  Ben. on Av.
eh. 10;   1  Marsh. Ins. 223;  Park on Ins. 112;  Wesk. Ins. 145.
Vide Com. Dig. Biens, G 1.

  CORNAGE. The name of a species of tenure in England. The tenant
by cornage  was bound to blow a horn for the sake of alarming the
country on the approach of an enemy. Bac. Ab. Tenure, N.

  CORNET. A commissioned officer in a regiment of cavalry.

  CORODY, incorporeal hereditaments. An allowance of meat, drink,
money,  clothing,   lodging,  and   such  like   necessaries  for
sustenance. 1 Bl. Com. 282;  1 Ch. Pr. 225.

   CORONER. An  officer whose  principal duty  it is  to hold  an
inquisition, with  the assistance of a jury, over the body of any
person who  may have  come to a violent death, or who has died in
prison. It is his duty also, in case of the death of the sheriff,
or when  a vacancy happens in that office, to serve all the writs
and process  which the  sheriff is  usually bound  to serve.  The
chief justice  of the  King's Bench  is the  sovereign  or  chief
coroner of  all England, although it is not to be understood that
he performs  the active duties of that office in any one count. 4


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Rep. 57,  b. Vide  Bac. Ab.  h. t.;   6 Vin. Ab.242;  3 Com. Dig.
242;  5 Com. Dig. 212;  and the articles Death;  Inquisition.

  2. The duties of the coroner are of the greatest consequence to
society, both for the purpose of bringing to punishment murderers
and other  offenders against  the lives  of the  citizens, and of
protecting  innocent   persons  from  criminal  accusations.  His
office, it  is  to  be  regretted,  is  regarded  with  too  much
indifference. This officer should be properly acquainted with the
medical and  legal knowledge  so absolutely  indispensable in the
faithful discharge  of his  office. It  not unfrequently  happens
that the  public mind  is deeply  impressed with the guilt of the
accused,  and   when  probably   he  is   guilty,  and   yet  the
imperfections of  the early  examinations leave no alternative to
the jury but to acquit. It is proper in most cases to procure the
examination to  be made  by a physician, and in some cases, it is
his duty. 4 Car. & P. 571.

   CORPORAL. An  epithet for  anything belonging to the body, as,
corporal punishment, for punishment inflictedon the person of the
criminal;  corporal oath, which is an oath by the party who takes
it being obliged to lay his hand on the Bible.

   CORPORAL,  in  the  army.  A  non-commissioned  officer  in  a
battalion of infantry.

   CORPORAL TOUCH.  It was  once decided  that before a seller of
personal property  could be  said to have stopped it in transitu,
so as  to regain  the possession  of it, it was necessary that it
should come  to his  corporal touch. 3 T. R. 466 5 East, 184. But
the contrary  is now  settled. These  words were used merely as a
figurative expression. 3 T. R. 464 5 East, 184.

  CORPORATION. An aggregate corporation is an ideal body, created
by law,  composed of  individuals united under a common name, the
members of  which succeed  each other, so that the body continues
the same,  notwithstanding the  changes of  the  individuals  who
compose it,  and which  for certain  purposes is  considered as a
natural person.  Browne's Civ.  Law, 99;   Civ.  Code of Lo. art.
418;   2 Kent's  Com. 215.  Mr. Kyd,  (Corpor. vol.  1,  p.  13,)
defines a  corporation as  follows:  "  A  corporation,  or  body
politic,  or   body  incorporate,   is  a   collection  of  many;
individuals united  in one  body, under  a special  denomination,
having perpetual  succession under an artificial form, and vested
by the  policy of  the law,  with a capacity of acting in several
respects as  an individual,  particularly of  taking and granting
property, contracting  obligations, and  of suing and being sued;
of  enjoying   privileges  and   immunities  in  common,  and  of
exercising a variety of political rights, more or less extensive,
according to  the  design  of  its  institution,  or  the  powers
conferred upon  it, either at the time of its creation, or at any
subsequent period  of its  existence." In  the case  of Dartmouth
College against  Woodward,  4  Wheat.  Rep.  626,  Chief  Justice
Marshall describes  a corporation  to be  "an  artificial  being,


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invisible, intangible, and existing only in contemplation of law.
Being the  mere  creature  of  law,"  continues  the  judge,  "it
possesses only those properties which the charter of its creation
confers upon  it, either  expressly or as incidental to  its very
existence. These  are such  as are  supposed best  calculated  to
effect the  object for  which it  was  created.  Among  the  most
important are  immortality, and if the expression may be allowed,
individuality properties  by which a perpetual succession of many
persons are  considered, as  the same,  and may act as the single
individual, They  enable a corporation to manage its own affairs,
and to  hold property  without the  perplexing  intricacies,  the
hazardous and  endless necessity  of perpetual conveyance for the
purpose of  transmitting it  from hand to hand. It is chiefly for
the purpose  of clothing bodies of men, in succession, with these
qualities and  capacities, that  corporations were  invented, and
are in use." See 2 Bl. Corn. 37.

   2. The  words corporation  and  incorporation  are  frequently
confounded,  particularly  in  the  old  books.  The  distinction
between them  is, however,  obvious;   the one is the institution
itself, the other the act by which the institution is created.

  3. Corporations are divided into public and private.

   4. Public  corporations, which  are also called political, and
sometimes municipal  corporations, are those which have for their
object the  government of 'a portion of the state;  Civil Code of
Lo. art.  420 and  although in such case it involves some private
interests, yet,  as it  is endowed  with a  portion of  political
power, the term public has been deemed appropriate.

   5. Another  class of  public corporations  are those which are
founded  for  public,  though  not  for  political  or  municipal
purposes, and  the,  whole  interest  in  which  belongs  to  the
government. The  Bank of  Philadelphia, for example, if the whole
stock belonged  exclusively to  the government, would be a public
corporation;   but inasmuch  as there  are other  owners  of  the
stock, it  is a  private corporation.  Domat's Civil  Law,- 452 4
Wheat. R. 668;  9 Wheat. R. 907 8 M'Cord's R. 377 1 Hawk's R. 36;
2 Kent's Corn. 222.

   6. Nations  or states,  are denominated  by publicists, bodies
politic, and are said to have their affairs and interests, and to
deliberate and  resolve, in  common. They  thus become  as  moral
persons, having an understanding and will peculiar to themselves,
and are  susceptible of obligations and laws. Vattel, 49. In this
extensive sense  the United  States may  be termed a corporation;
and so may each state singly. Per Iredell, J. 3 Dall. 447.

   7. Private  corporations. In  the popular meaning of the term,
nearly every  corporation is public, inasmuch as they are created
for the  public benefit;   but  if the  whole interest  does  not
belong to  the government,  or if  the corporation is not created
for the  administration of  political  or  municipal  power,  the


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corporation is  private. A  bank, for instance, may be created by
the government  for its  own uses;   but if the stock is owned by
private persons,  it is  a private  corporation, although  it  is
created by  the government,  and  its  operations  partake  of  a
private nature. 9 Wheat. R. 907. The rule is the same in the case
of canal,  bridge, turnpike,  insurance companies,  and the like.
Charitable  or   literary  corporations,   founded   by   private
benefaction, are  in point  of law  private corporations,  though
dedicated to  public charity,  or for  the general  promotion  of
learning. Ang. & Ames on Corp. 22.

   8. Private  corporations are  divided into  ecclesiastical and
lay.

   9. Ecclesiastical  corporations, in  the  United  States,  are
commonly called religious corporations they are created to enable
religious societies  to manage  with more facility and advantage,
the temporalities belonging to the church or congregation.

   10. Lay  corporations are divided into civil and eleemosynary.
Civil  corporations  are  created  for  an  infinite  variety  of
temporal purposes,  such as  affording facilities  for  obtaining
loans of  money;   the making  of canals, turnpike roads, and the
like. And  also such  as are  established for  the advancement of
learning. 1 Bl. Com. 471.

  11. Eleemosynary corporations are such as are instituted upon a
principle  of   charity,  their   object  being   the   perpetual
distribution of  the bounty  of the  founder  of  them,  to  such
persons as  he has  directed. Of  this kind are hospitals for the
relief of  the impotent,  indigent and  sick, or deaf and dumb. 1
Kyd on Corp. 26;  4 Conn. R. 272;  Angell & A. on Corp. 26.

   12. Corporations,  considered in  another point  of view,  are
either sole or agregate.

   13. A  sole corporation, as its name implies, consists of only
one person,  to  whom  and  his  successors  belongs  that  legal
perpetuity, the  enjoyment of  which is  denied  to  all  natural
persons. 1  Black Com.  469. Those corporations are not common in
the United  States. In those states, however, where the religious
establishment of  the church  of England  was adopted,  when they
were colonies,  together with the common law on that subject, the
minister of  the parish  was seised  of the  freehold, as persona
ecclesiae, in  the same  manner as  in England;  and the right of
his successors  to the  freehold being  thus established  was not
destroyed by the abolition of the regal government, nor can it be
divested even by an act of the state legislature. 9 Cranch, 828.

   14. A  sole  corporation  cannot  take  personal  property  in
succession;    its  corporate  capacity  of  taking  property  is
confined altogether to real estate. 9 Crancb, 43.

   15. An  aggregate corporation cousists of several persons, who


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are' united in one society, which is continued by a succession of
members. Of this kind are the mayor or commonalty of a city;  the
heads  and  fellows  of  a  college;    the  members  of  trading
companies, and  the like.  1 Kyd  on Corp. 76;  2 Kent's Com. 221
Ang. & A. on Corp. 20. See, generally, Bouv. Inst. Index, h. t.

  CORPORATOR. One who is a member of a corporation.

   2. In  general, a  corporator is  entitled to  enjoy  all  the
benefits and  rights which  belong to  any other  member  of  the
corporation as  such. But  in some corporations, where the rights
are of  a pecuniary  nature, each corporator is entitles to those
rights in  proportion to  his interest;   he  will  therefore  be
entitled to  vote only  in proportion to the amount of his stock,
and be entitled to dividends in the same proportion.

  3. A corporator is not in general liable personally for any act
of the  corporation, unless  he has  been made  so by the charter
creating the corporation.

   CORPOREAL PROPERTY,  civil law.  That which  consists of  such
subjects as  are palpable. In the common law, the term to signify
the same  thing  is  properly  in  possession.  It  differs  from
incorporeal property,  (q. v.) which consists of choses in action
and easements, as a right of way, and the like.

   CORPSE. The  dead body  (q. v.)  of a human being. Russ. & Ry.
366, n.;   2 T. R. 733;  1 Leach, 497;  16 Eng. Com. L. Rep. 413;
8 Pick. 370;  Dig. 47, 12, 3, 7 Id. 11, 7, 38;  Code, 3, 441.

   2. As a corpse is considered as nullius bonis, or the property
of no  one, it follows that stealing it, is not, at common law, a
larceny. 3 Inst. 203.

   CORPUS. A  Latin word,  which  signifies  body;    as,  corpus
delicti, the  body of  the offence,  the essence  of  the  crime;
corpus juris  canonis, the  body of  the canon law;  corpus juris
civilis, the body of the Civil law.

   CORPUS COMITATUS.  The body of the county;  the inhabitants or
citizens of  a whole  county, used in contradistinction to a part
of a county, or a part of its citizens. See 5 Mason, R. 290.

   CORPUS JURIS  CIVILIS. The body of the civil law. This, is the
name given  to a  collection of  the  civil  law,  consisting  of
Justinian's Institutes, the Pandects or Digest, the Code, and the
Novels.

  CORPUS CUM CAUSA, practice. The writ of habeas corpus cum causa
(q. v.)  is a writ commanding -the person to whom it is directed,
to have  the body,  together with  the  cause  for  which  he  is
committed, before the court or judge issuing the same.

   CORPUS DELICTI.  The body  of the offence;  the essence of the


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crime

   2. It  is a  general rule  not to  convict unless  the  corpus
delicti can be established, that is, until the dead body has been
found. Best  on Pres. §201;  1 Stark. Ev. 575, See 6 C. & P. 176;
2 Hale,  P. C.  290. Instances  have occurred  of a  person being
convicted of  having killed  another,  who,  after  the  supposed
criminal has been put to death for the supposed offence, has made
his appearance  - alive. The wisdom of the rule is apparent;  but
it has  been questioned  whether, in extreme cases, it may not be
competent to prove the basis of the corpus delicti by presumptive
evidence. 3 Benth. Jud. Ev. 234;  Wills on Circum. Ev. 105;  Best
on Pres. §204. See Death.

  CORPUS JURIS CANONICI. The body of the canon law. A compilation
of the canon law bears this name. See Law, canon.

   CORRECTION,punishment. Chastisement by one having authority of
a person  who has  committed some  offence, for  the  purpose  of
bringing him to legal subjection.

  2. It is chiefly exercised in a parental manner, by parents, or
those who  are placed  in loco  parentis. A  parent may therefore
justify the  correction of  the child  either  corporally  or  by
confinement;     and  a   schoolmaster,  under   whose  care  and
instruction a  parent has  placed his  child, may equally justify
similar correction;   but  the correction  in both, cases must be
moderate, and  in proper  manner. Com.  Dig. Pleader,  3  M.  19;
Hawk. c. 60, s. 23, and c. 62, s. 2 c. 29, s. 5.

   3. The  master of an apprentice, for disobedience, may correct
him moderately 1 Barn. & Cres. 469 Cro. Car. 179 2 Show. 289;  10
Mart. Lo.  It. 38;   but  he cannot  delegate  the  authority  to
another. 9 Co. 96.

   4. A  master has no riglit to correct his servants who are not
apprentices.

   5. Soldiers  are liable  to  moderate  correction  from  their
superiors. For  the sake of maintaining their discipline on board
of the  navy, the  captain of  a vessel,  either belonging to the
United States,  or to  private individuals,  may inflict moderate
correction on  a sailor  for disobedience  or disorderly conduct.
Abbott on  Shipp. 160;   1  Ch .  Pr. 73;   14  John. R. 119;  15
)lass. 365;  1 Bay, 3;  Bee, 161;  1 Pet. Adm. Dec. 168;  Molloy,
209;   1 Ware's  R. 83.  Such has been the general rule. But by a
proviso to  an act  of congress,  approved the 28th of September,
l850, flogging  in the  navy and on board vessels of commerce was
abolished.

   6. Any excess of correction by the parent, master, officer, or
captain, may  render the  party guilty of an assault and battery,
and liable  to all its consequences. In some prisons, the keepers
have the right to correct the prisoners.


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   CORREGIDOR, Spanish  law. A  magistrate who took cognizance of
'various misdemeanors, and of civil matters. 2 White's Coll. 53.

   CORRELATIVE. This  term is used to designate those things, one
of which  cannot exist  without another;  for example, father and
child;   mountain and  valley, &c.  Law, obligation,  right,  and
duty, are therefore correlative to each other.

   CORRESPONDENCE. The letters written by one to another, and the
answers thereto,  make wbat  is called  the correspondence of the
partie's.

   2. In  general, the correspondence of the parties contains the
best evidence  of the  facts to  which it  relates.  See  Letter,
contracts;  Proposal.

   3. When  an offer  to contract  is made  by letter, it must be
accepted unconditionally  for if  the precise  terms are changed,
even in the slightest degree, there is no contract. 1 Bouv. Inst.
n. 904. See, as to the power of revoking an offer made by letter,
1 Bouv. Inst. n. 933.

   CORRUPTION. An  act done with an intent to give some advantage
inconsistent with  official duty  and the  rights of  others.  It
includes bribery,  but is more comprehensive;  because an act may
be corruptly  done, though the advantage to be derived from it be
not offered by another. Merl. Rep. h. t.

   2. By  corruption, sometimes,  is understood something against
law;   as, a  contract by  which the  borrower agreed  to pay the
lender usurious  interest. It  is said, in such case, that it was
corruptly agreed, &c.

   CORRUPTION OF  BLOOD,, English  crim. law.  The incapacity  to
inherit, or  pass an  inheritance, in consequence of an attainder
to which the party has been subject

   2. When this consequence flows from an attainder, the party is
stripped of  all honors  and dignities  he possessed, and becomes
ignoble.

   3. The  Constitution of  the United  States, Amendm.  art.  5,
provides, that  no person  shall be held to answer for a capital,
or  otherwise   infamous  crime,   unless  on  a  presentment  or
indictment of  a grand  jury, except in cases arising in the land
or naval,  forces, or  in the  militia, when in actual service in
time of  war or  public danger"  and by art. 3, s. 3, n. 2, it is
declared tbat " no attainder of treason shall work. corruption of
blood, or  forfeiture, except  during  the  life  of  the  person
attainted."

   4. The  Constitution of  Pennsylvania, art.  9, s. 19, directs
that "  no attainder  shall work  corruption of blood." 3 Cruise,


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240, 378  to 381,  473 1  Cruise, 52 1 Chit. Cr. Law, 740;  4 Bl.
Com. 388.

   CORSNED, ancient Eng. law. This was a piece of accursed bread,
which  a  person  accused  of  a  crime  swallowed  to  test  his
innocence. It was supposed that, if he was guilty, it would choke
him.

   CORTES. The  name of  the legislative  assemblies of Spain and
Portugal.

   COSENAGE, torts. Deceit, fraud: that kind of circumvention and
wrong, which  has no  other specific  name. Vide  Ayl. Pand.  103
Dane's Ab. Index, h. t.

   COSMOPOLITE. A  citizen of  the world;   one who has no fixed.
residence.
 Vide Citizen.

   COSTS, practice. The expenses of a suit or action which may be
recovered by law from the losing party.

  2. At common law, neither the plaintiff nor the defendant could
recover costs eonomine;  but in all actions in which damages were
recoverable, the  plaintiff, in  effect, recovered his costs when
he obtained  a verdict,  for the jury always computed them in the
damages. When  the defendant obtained a verdict, or the plaintiff
became non-suit,  the former  was wholly  without remedy  for any
expenses he  had incurred.  It is true, the plaintiff was amerced
pro falso  clamore suo, but the amercement was given to the king.
Hull on Costs, 2 2 Arch. Pr. 281.

   3. This  defect was  afterwards corrected  by the  statute  of
Gloucester, 6  Ed. I,  c. 1,  by which  it is  enacted that  "the
demandant  in  assise  of  novel  disseisin,  in  writs  of  mort
d'ancestor, cosinage,  aiel and  be sail, shall have damages. And
the demandant  shall  have  the  costs  of  the  writ  purchased,
together with damages, and this act shall hold place in all cases
where the  parly recovers  damages, and every person shall render
damages  where  land  is  recovered  against  him  upon  his  own
intrusion, or  his own  act." About  forty-six  years  after  the
passing of this statute, costs were for the first time allowed in
France, by  an ordinance  of Charles le Bel, (January, 1324.) See
Hardw. Cas. 356;  2 Inst. 283, 288 2 Loisel, Coutumes, 328-9.

   4. The  statute of Gloucester has been adopted, substantially,
in all  the United  States. Though  it speaks of the costs of the
writ only, it bas, by construction, been extended to the costs of
the suit  generally. The  costs which  are recovered under it are
such as  shall be  allowed by  the master  or  prothonotary  upon
taxation, and  not those  expenses which the. plaintiff may have.
incurred for  himself, or the extraordinary fees he may have paid
counsel, or for the loss of his time. 2 Sell. Pr. 429.


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  5. Costs are single, when the party receives the same amount he
has expended, to be ascertained by taxation;  double, vide Double
costs. and  treble, vide  Treble costs.  Vide,  generally,  Bouv.
Inst. Index,  h. t.;   Hullock  on Costs;   Sayer's Law of Costs;
Tidd's Pr.  c. 40;   2 Sell. Pr. c. 19;  Archb. Pr. Index, h. t.;
Bac. Ab.  h. t.;  Com. Dig. h. t.;  6 Vin. Ab. 321;  Grah. Pr. c.
23 Chit.  Pr. h.  t. 1  Salk. 207 1 Supp. to Ves. jr. 109;  Amer.
Dig. h.  t.;   Dane's Ab.  h. t.;   Harr.  Dig. h.  t. As  to the
liability of executors and administrators for costs, see 1, Chit.
R. 628, note;  18 E. C. L. R. 185;  2 Bay's R. 166, 399;  1 Wash.
R. 138;   2  Hen. &  Munf. 361, 369;  4 John. R. 190;  8 John. R.
389;   2 John.  Ca. 209. As to costs in actions qui tam, see Esp.
on Pen. Act. 154 to 165.

   COTTAGE, estates. A small dwelling house. See 1 Tho. Co. Litt.
216;  Sheph. Touchst. 94;  2 Bouv. Inst. n. 1571, note.

   2. The  grant of  a  cottage,  it  is  said,  passes  a  small
dwelling-house, which has no land belonging to it. Shep. To. 94.

   COUCHANT. Lying down. Animals are said to have been levant and
couchant, when  they have been upon another person's land, damage
feasant, one night at least. 3 Bl. Com. 9.

  COUNCIL, legislation. This word signifies an assembly.

   2. It was used among the Romans to express the meeting of only
a  part  of  the  people,  and  that  the  most  respectable,  in
opposition to the assemblies of the whole people.

   3. It  is now  usually applied  to the  legislative bodies  of
cities and boroughs.

   4. In  some states,  as in Massachusetts, a body of men called
the council, are elected, whose duties are to advise the governor
in the  executive part of the government. Const. of Mass. part 2,
c. 2,  s. 3,  art. 1  and 2.  See 14  Mass. 470;  3 Pick. 517;  4
Pick. 25  19 John.  R. 58. In England, the king's council are the
king's judges  of his courts of justice. 3 Inst. 125;  1 Bl. Com.
229.

   COUNSEL. Advice  given to another as to what he ought to do or
not to do.

   2. To  counsel another  to do  an unlawful  act, is  to become
accessory to  it, if  it be  a felony,  or principal,  if  it  be
treason, or a misdemeanor. By the term counsel is also understood
counsellor at law. Vide To open;  Opening.

   COUNSEL, an  officer of  court. One  who undertakes to conduct
suits and actions in court. The same as counsellor.

   COUNSEL, practice, crim. law. In the oath of the grand jurors,
there is  a  provision  requiring  them  to  keep  secret  "  the


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commonwealth's counsel,  their fellows,  and their  own." In this
sense this word is synonymous with knowledge;  therefore, all the
knowledge acquired  by grand  jurors,  in  consequence  of  their
office, either  from the officers of the commonwealth, from their
fellow-jurors, or  which they  have obtained  in any  manner,  in
relation to cases which come officially before them, must be kept
secret. See Grand Jury.

   COUNSELLOR, government. A counsellor is a member of a council.
In some  of the  states  the  executive  power  is  vested  in  a
governor, or a governor and lieutenant governor, and council. The
members of  such council are called counsellors. See the names of
the several states.

   COUNSELLOR AT LAW, offices. An officer in the supreme court of
the United States, and in some other courts, who is employed by a
party in a cause, to conduct the same on its trial on his behalf.
He differs from an attorney at law. (q. v.)

   2. In  the supreme court of the United States, the two degrees
of attorney  and counsel  are kept  separate, and  no  person  is
permitted to  practise both.  It is  the duty  of the  counsel to
draft or  review and correct the special pleadings, to manage the
cause on  trial, and,  during the  whole course  of the  suit, to
apply established  principles of  law to  the exigencies  of  the
case. 1 Kent, Com. 307.

   3. Generally in the other courts of the United States, as well
as in  the courts  of Pennsylvania, the same person perform's the
duty of counsellor and attorney at law.

  4. In giving their advice to their clients, counsel and others,
professional men  have duties to perform to their clients, to the
public, and  to themselves.  In such  cases they have thrown upon
them something  which they  owe to  the  fair  administration  of
justice, as  well as to the private interests of their employers.
The  interests   propounded  for   them  ought,   in  their   own
apprehension, to  be just,  or at  least fairly  disputable;  and
when such  interests are propounded, they ought not to be pursued
per fas et nefas . Hag. R. 22.

   5. A  counsellor is  not a  hired person, but a mandatory;  he
does not  render his  services for  a price,  but an  honorarium,
which may  in some  degree recompense  his care,  is his  reward.
Doubtless, he is not indifferent to this remuneration, but nobler
motives influence  his conduct.  Follow him  in his study when he
examines his  cause, and in court on the trial;  see him identify
himself with  the idea  of his client, and observe the excitement
he  feels   on  his  account;    proud  when  he  is,  conqueror,
discouraged, sorrowful,  if  vanquished;    see  his  whole  soul
devoted to  the cause he has undertaken, and which he believes to
be just,  then you  perceive the  elevated man,  ennobled by  the
spirit of  his profession, full of sympathy for his cause and his
client. He may receive a reward for his services, but such things


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cannot be  paid for  with money.  No treasures  can purcbase  the
sympathy and  devotedness of  a noble  mind to  benefit humanity;
these things are given, not sold. See Honorarium. 6. Ridley says,
that the law has appointed no stipend to philosophers and lawyers
not because  they are  not reverend services and worthy of reward
or stipend,  but  because  either  of  them  are  most  honorable
professions, whose  worthiness is  not to be valued or dishonored
by money.  Yet, in  these cases  many things  are honestly taken,
which are not bonestly asked, and the judge may, according to the
quality of  the cause,  and the  still of  the advocate,  and the
custom of  the court,  and, the  worth of  the matter  that is in
hand, appoint  them a  fee answerable to their place. View of the
Civil and Eccles. Law, 38, 39.

   COUNT, pleading.  This word,  derived from the French conte, a
narrative, is  in  our  old  law  books  used  synonymously  with
declaration   but   practice   has   introduced   the   following
distinction: when  the  plaintiff's  complaint  embraces  only  a
single cause  of action,  and he  makes only one statement of it,
that statement  is called, indifferently, a declaration or count;
though the former is the more usual term.

   2. But  when the  suit embraces  two or more causes of action,
(each of which of course requires a different statement;) or when
the plaintiff  makes two  or more different statements of one and
the same  cause of  action, each  several statement  is called  a
count, and all of them, collectively, constitute the declaration.

   3. In  all cases,  however, in  which there  are two  or  more
counts, whether  there is  actually but  one cause  of action  or
several, each  count purports, upon the face of it, to disclose a
distinct right  of action, unconnected with that stated in any of
the other counts.

   4. One object proposed, in inserting two or more counts in one
declaration, when  there is  in fact but one cause of action, is,
in some  cases, to  guard against  the danger  of an insufficient
statement of  the cause,  where a  doubt exists  as to  the legal
sufficiency  of   one  or  another  of  two  different  modes  of
declaring;   but the  more usual  end proposed  in inserting more
than one  count in  such case, is to accommodate the statement to
the cause,  as far  as may be, to the possible state of the proof
to be  exhibited on trial;  or to guard, if possible, against the
hazard of the proofs varying materially from the statement of the
cause of action;  so that if one or more or several counts be not
adapted to  the evidence,  some other of them may be so. Gould on
Pl. c.  4, s.  2, 3, 4;  Steph. Pl. 279;  Doct. Pl. 1 78;  8 Com.
Dig. 291;   Dane's Ab. Index, h. t.;  Bouv. Inst. Index, h. t. In
real actions,  the declaration  is most  usually called  a count.
Steph. Pl. 36, See Common count;  Money count.

  COUNTER, Eng. law. The name of an ancient prison in the city of
London, which has now been demolished.


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   COUNTER AFFIDAVIT.  An affidavit  made in  opposition  to  one
already made;   this is allowed in the preliminary examination of
some cases.

  COUNTER SECURITY. Security given to one who has become security
for another, the condition of which is, that if the one who first
became surety  shall be  damnified, the one who gives the counter
security will indemnity him.

   TO COUNTERFEIT,  criminal law. To make something false, in the
semblance of  that which is true;  it always implies a fraudulent
intent. Vide Vin. Ab. h. t. Forgery.

   COUNTERMAND. This word signifies a. change or recall of orders
previously
 given.

   2. It may be express or implied. Express, when contrary orders
are given and a revocation. of the former order is made. Implied,
when a  new order  is given which is inconsistent with the former
order: as,  if a  man should  order a  merchant to  ship him in a
particular vessel -certain goods which belonged to him, and then,
before the  goods were  shipped, he  directed him to ship them in
another vessel;  this would be a countermand of the first order.

   3. While  the first command is unrecalled, the person who gave
it would  be liable  to all the consequences in case he should be
obeyed;   but if,  for example,  a man  should command another to
commit a crime and, before its perpetration, he should repent and
countermand it,  he would  not be  liable for the consequences if
the crime should afterwards be committed.

   4. When  a command  or order  has  been  given,  and  property
delivered, by  which a  right vests  in a third person, the party
giving the order cannot countermand it;  for example, if a debtor
should deliver to A a sum of money to be paid to B, his creditor,
B has  a vested  right in  the money,  and unless he abandon that
right, and refuse to take the money, the debtor cannot recover it
from A. 1 Roll. Ab. 32, pl. 13;  Yelv. 164 Sty. 296. See 3 Co. 26
b.;   2 Vent.  298 10 Mod. 432;  Vin. Ab. Countermand, A 1;  Vin.
Ab. Bailment, D;  9 East, 49;  Roll. Ab. 606;  Bac. Ab. Bailment,
D;   Com. Dig.  Attorney, B  9, c.  8;   Dane's Ab.  h. t.;   and
Command.

   COUNTERPART, contracts.  Formerly each  party to  an indenture
executed a  separate deed;   that  part which was executed by the
grantor was  called the  original, and the rest the counterparts.
It is  now usual  for all  the parties to execute every part, and
this makes them all originals. 2 Bl. Com. 296.

   2. In  granting lots  subject to a ground rent reserved to the
grantor, both  parties execute  the deeds, of which there are two
copies;   although both  are original,  one of  them is sometimes
called the  counterpart. Vide 12 Vin. Ab. 104;  Dane's Ab. Index,


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h. t.;  7 Com. Dig. 443;  Merl. Repert. mots Double Ecrit.

  COUNTERPLEA, pleading. When a tenant in any real action, tenant
by the  curtesy, or  tenant in  dower, in  his answer  and  plea,
vouches any one to warrant his title, or prays in aid another who
has a  larger estate,  as of  the remainder-man or reversioner or
when a  stranger to  the action comes and prays to be received to
save his  estate;   then that which the defendant alleges against
it, why it should not be admitted, is called a counterplea. T. de
la Ley;  Doct. Placit. 300 Com. Dig. h. t.;  Dane's Ab. Index, h.
t.

   COUNTERS, English  law. -  Formerly there  were in  London two
prisons belonging  to the  sheriffs courts, which bore this name.
They are now demolished. 4 Inst. 248.

   COUNTERSIGN. To countersign is to sign on the opposite side of
an instrument  already signed by some other person or officer, in
order to secure its character of a genuine paper;  as a bank note
is signed by the president and countersigned by the cashier.

   COUNTRY. By  country is  meant the  state of  which one  is  a
member.

   2. Every  man's country  is in  general the  state in which he
happens to  have been born, though there are some exceptions. See
Domicil;   Inhabitant.  But  a  man  has  the  natural  right  to
expatriate himself, i. e. to abandon his country, or his right of
citizenship acquired by means of naturalization in any country in
which he  may  have  taken  up  his  residence.  See  Allegiance;
Citizen;   Expatriation. in another sense, country is the same as
pais. (q. v.)

  COUNTY. A district into which a state is divided.

   2. The  United States  are generally  divided  into  counties;
counties are divided into townships or towns.

   3. In  Pennsylvania the  division of  the province  into three
Counties, viz.  Philadelphia, Bucks  and Chester,  was one of the
earliest acts of William Penn, the original proprietary. There is
no printed record of this division, or of the original boundaries
of these  counties. Proud  says it  was made about the year 1682.
Proud's Hist. vol. 1) p. 234 vol. 2, p. 258.

  4. In some states, as Illinois;  1 Breese, R. 115;  a county is
considered as  a corporation,  in  others  it  is  only  a  quasi
corporation. 16  Mass. R.  87;  2 Mass. R. 644 7 Mass. R. 461;  1
Greenl. R.  125;  3 Greenl. R. 131;  9 Greenl. R. 88;  8 John. R.
385;  3 Munf. R. 102. Frequent difficulties arise on the division
of a  county. On  this subject, see 16 Mass. R. 86 6 J. J. Marsh.
147;  4 Halst. R. 357;  5 Watts, R. 87 1 Cowen, R. 550;  6 Cowen,
R. 642;   Cowen, R. 640;  4 Yeates, R. 399 10 Mass. Rep. 290;  11
Mass. Rep. 339.


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   5. In  the English  law this word signifies the same as shire,
county being  derived from  the French  and shire from the Saxon.
Both these  words signify a circuit or portion of the realm, into
which the  whole land  is  divided,  for  the  better  government
thereof, and the more easy administration of justice. There is no
part  of  England  that  is  not  within  some  county,  and  the
shire-reve,  (sheriff)  originally  a  yearly  officer,  was  the
governor of  the county.  Four of  the counties  of England, viz.
Lancaster,  Chester,   Durham  and   Ely,  were  called  counties
Palatine, which were jurisdictions of a peculiar nature, and held
by, especial charter from the king. See stat. 27 H. VIII. c. 25.

  COUNTY COMMISSIONERS. Certain officers generally entrusted with
the superintendence  of the  collection of  the county taxes, and
the disbursements  made. for  the county. They are administrative
officers, invested by the local laws with various powers.

  2. In Pennsylvania the office of county commissioner originated
in the  act of  1717, which  was modified by the act of 1721, and
afterwards enlarged  by the  act of  1724. Before  the office  of
county commissioner  was established,  assessors were elected who
performed-similar duties.  See Act  of 1700, 4 Votes of Assembly,
205, 209.

   COUPONS. Those  parts of a commercial instrument which are. to
be cut,  and which  are evidence  of something connected with the
contract mentioned in-the instrument. They are generally attached
to certificates  of  loan,  where  the  interest  is  payable  at
particular periods,  and, when the interest is paid, they are cut
off and delivered to the payor.

  COURIER. One who is sent on some public occasion as an express,
to bear despatches, letters, and other papers.

   2. Couriers  sent. by  an ambassador or other public minister,
are protected  from arrest  or molestation. Vattel, liv. 4, c. 9,
§123.

  COURSE. The direction in which a line runs in surveying.

   2. When  there are  no monuments,  (q. v.)  the land  must  be
bounded by  the courses  and distances mentioned in the patent or
deed. 4  Wheat. 444;   3  Pet. 96;   3 Murph. 82;  2 Har. & John.
267;   5 Har.  & John.  254. When  the lines are actually marked,
they must  be adhered  to,  though  they  vary  from  the  course
mentioned in  the deeds. 2 Overt. 304;  7 Wheat. 7. 1 See 3 Call,
239 7 Mont. 333. Vide Boundary;  Line.

   COURSE OF  TRADE. What  is usually  done in  the management of
trade or business.

   2. Men  are presumed  to act  for their  own interest,  and to
pursue the  way usually  adopted by  men generally;   hence it is


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presumed in  law, that men in their actions will pursue the usual
course of  trade. For this reason it is presumed that a bank note
was signed  before it  was issued,  though the  signature be torn
off. 2  Rob. Lo.  R. 112. That one having possession of a bill of
exchange upon  him, has  paid it;   that one who pays an order or
draft upon him, pays out of the funds of the drawer in his hands.
But the  case is different where the order is for the delivery of
goods, they being presumed to have been sold by the drawee to the
drawer. 9 Wend. 323;  1 Greenl. Ev. §38.

   COURSE OF  THE VOYAGE.  By this term is understood the regular
and customary  track, if  such there  be, which  a ship  takes in
going from  one port  to another, and the shortest way. Marsh. on
Ins. 185.


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