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.
Bouvier's Law Dictionary : C2 : Page 1 of 101
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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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 œ51 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
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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.
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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.
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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
Bouvier's Law Dictionary : C2 : Page 56 of 101
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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