A Dictionary of Law

A speaking together: a conversation. An averment, in an action for slander, that the defendant spoke the words in a certain conversation {in quodam colloquio) he had with another p

^ An agreement between persons to defraud another of his rights by the forms of law or to obtain an object forbidden by law. 3 Whence collusive. See Fraud.

See Independence; Law, Common; Religion; State, 2 (3, b); Tax, 2; Wreck.

1. Darkness of skin from presence of African blood. The phrase " persons of color " embraces, universally, not only all persons descended wholly from African ancestors, but also th

See Horse.

See CouRTS.United States; District, Of Columbia,

See CuM.

A combat in which both parties enter willingly is " mutual." A person who enters into a combat armed with a concealed deadly weapon may use it to protect his life, if his adversary

1. In the law of patents, the union of different elements. A combination is patentableonlj when the several elements of which it is composed produce by their joint action a new and

See Appearance, 3; Reside; Venirb.

Whatever is necessary to give security from want, and furnish reasonable physical, mental, and spiritual enjoyment. So held where an executor was directed to pay the testator's wid

See' County, Power of.

i Courtesy: deference, from good feeling or feeling of equality. Comity of nations, or between States. Expresses the basis upon which one independent sovereignty applies -within it

See Mandate; Peohibere; Ratihabitio.

page 20(). An act approved October 1, 1888 (35 St. L. 501), autnorizes the creation of boards of arbitration or commission tor settling controversies and differences between railro

In several uses has a somewhat technical import: Commencement of a building. Work done on the ground the effect of which is apparent. See further Building. Commencement of an actio

Commending; recommending. Simplex eommendatio non otaligat. A mere recommendation does not bind: the expression of an opinion does not constitute a warranty. Abridged, Simplex eomm

^ Doing, performing; execution. 1. An undertaking, without recompense, to do a thing for another person; a gratuitous bailment, q. v. 2. (1) Formal written authority from a court t

To intrust to; to confide in. 1. To delegate a duty to a person or persons. See Commission; Committee. 3. To send to a place of confinement a person found to be a lunatic. May cont

See Accommoda-

i Convenience, privilege, profit, gain; popularly, goods, wares, merchandise. Within the meaning of the constitution of Massachusetts "commodities" embraces everything which may be

Convenience, benefit, advantage..Wullus commodum capere potest de injuria sua propria. No one advantage shall take of his own wrong-doing — as a cause of action or of defense. Appl

3 Inhabiting, dwelling, residing; as, in saying that a person is or is not commorant in a particular place. Whence commorancy.*

Those who die at the same time, from the same accident or calamity. See Sxjrvive, 3.

1, adj. (1) Belo Dging to, or participated in, by several or more persons; mutual: as, a common — ancestor, benefit, labor or service, mastei-, property, recovery, tenants iu commo

HOUSE OP. See Parliament.

The common or public weal: the republic; the state, or a State; the people, gg. v. " The commonwealth or public polity of the kingdom." ' Blackstone also wrote it "commonwealth.""

A "civil commotion" is an insurrection of the people for general purposes, though it may not amount to a rebellion, in which there is usurped power.'

See Communism.

See Error, 1, Communis.

A name given to schemes of social innovation which have for their common starting-point the overthrow of absolute rights of ownership in private property as an institution. Most th

s 1. Unity; mutuality; as, community of interest or of intention. See Partnership.- 2. In Louisiana, Texas, California, and perhaps in New Mexico and Arizona, a sj)ecies of partner

i Putting one thing for another; substitution. As, of a tax, for a personal service; an annuity to a tribe of Indians, for goods; rations to a soldier, for money; * an artificial l

An agreement or contract — between independent sovereignties.! Original or social compact. The implied contract of association of individuals in a community, by which, in return fo

See Jurisprudence; Negligence. COMPARISOlf. See Handwriting.

That return which is given for something else — a consideration: as, the conlpensation of an office, i Compensatory. Serving as an equivalent; making amends: as, compensatory damag

Answering the requirement of the law; legally able, fit, or qualified: also, proper or admissible as evidence. Whence compet-ency; incompetent, incompetency. A judge is said to be

See Monopoly; Policy, 3; Trade, Restraints. Competitive examinationa. See Service, 3, Civil.

To copy from various authors into one work. Implies the exercise of judgment in selecting and combining the extracts.* A compiler may take existing materials from sources common to

1. A formal charge that a person named has committed an offense, preferred before a magistrate or a tribunal authorized to inquire into the probable truth of the accusation. Refers

See Cause, 3, Of action; Inchoate; Perfect. 1 Bullinger v. Mackey, 15 Blatch. 556, 5S8 (1879), cases. = Hanson v. Jaccard Jewelry Co., 33 F. B.:03 (1887), Thayer, J.; Drone, Copyr.

1. In the law of copyright, the invention or combination of the parts of a work ^ literary, musical, or dramatic: as, in the case of a letter, discourse, or book; or of an opera; b

Having control of; possessing power over. Compos mentis. Having capacity of mind; sound in mental faculties; of sound mind. Ifon compos m.entis. Not of sound mind; lunatic; insane.

* An agreement in settlement of a controverted matter. The yielding of something by each of two parties.^ A mutual yielding of opposing claims; the surrender of some right or claim

Involuntary; constrained.: as, a compulsory — arbitration, assignment, condition, nonsuit, payment, process, qq. V. See Voluntary. Compulsion. Coercion; duress, qq. v. Compare Boyc

or CONTROLLER. One who keeps a counter-roll, a duplicate register, of accounts: anofi Scer charged with the duty of -verifying accounts in the fiscal department of government. In t

Neighbors of a person, made a defendant in a criminal or a civil action, who testified under oath that they believed he swore to the truth.5 gee further Wager, 1, Of law.

See under Cebtum; Computare; Day: Time.

To hide, keep from view, cover up, secrete; to prevent discovery of; to withdraw from reach; to withhold information. 1. To hide or secrete a physical object from sight or observat

1. To go along together; to co-exist: as, in saying that in malicious prosecution malice and want of probable cause must concur. Concurrent. Co-existing; having effect, operation,

To pronounce wrong. 1. To sentence; to adjudge. Condemnation. A sentence or judgment which condemns a person to do, give, or pay something; or which declares that his claim or pret

A stipulation, proviso, condition, q. v. Conditio sine qua non. A condition without which (a thing can) not (exist); an indispensable prerequisite. Melior est conditio. See Delictu

See Behavior; Disorder, 2; Estoppel, Equitable. A declaration of the result ot a popular election may be included in power conferred upon the managers to " conduct" the election. ^

5 A compact. An agreement between states or nations by which they unite for mutual welfare. Confederation, Articles of. The instrument under which the compact between the Thirteen

Acknowledgment; admission; confession. Confessio facti. Admission of a fact. Confessio juris. Admission of the law — of the effect of a thing in law/ The latter is not received in

See Communication; Credit; Faith; Fiduciart; Trust, 1; Use, 3.

See Prison.

Making firm what was before infirm.'' 1. Affirmation; ratifipation, q. v. 2. A secondary or derivative conveyance, defined by Coke to be "a conveyance of an estate or right in esse

See Fiee, Department; Necessity; Take, 8.

Striking together; meeting in collision; opposition, as of authority, interest, jurisdiction, titles. Conflict of laws. Opposition of laws upon the same object; whether of the same

Agreement; adjustment. A bill in equity filed by an executor or administrator, when he finds the affairs of the estate so much involved that he cannot safely administer the estate

To bring face to face. The constitutional provision that the accused shall be " confronted with the witnesses against him " means that the witnesses on the part of the State shall

Mixing, intermixture; intermingling, blending; confounding. Confusion of boundaries. Where the boundary lines of different titles are conflicting, disputed, or uncertain; also, tha

3 Permissible; done lawfully. " If his entry were congeable, it will be considered as limited by his right." *

An assemblage or union of persons for a religious purpose.' A volimtaiy association of individuals or families, united for the purpose of having a common place of worship, and to p

See CoNSTiTUTiorr. "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Eepresentatives." ' " The

See Disjunctive. CONJUEATIOlf. See Witchcraft.

1. "Railroad connection " means either such a union of teacks as to admit the passage of cars from one road to another, or such intersection of roads as to admit the convenient int

5 Intentional failure or forbearance to see or actually know that a tort or offense is being committed; willful neglect to oppose or prevent; specifically, assent or indifference,

See Communication, Privileged, 1.

The moral sense; the sense of right and justice. There are many cases against natural justice which are left wholly to the conscience of the party, and are without redress, equitab

See Consent.

Perceiving or feeling alike: agi-eement; consent. Consensus facit legem. Consent makes the law: the terms of a contract, lawful in 1 Brown v. Commonwealth, T8 Pa. 128 (1876). 2 Wat

Agreement of mind; concurrence of wills; approval. Compare Assent; Consensus. An agreement of the mind to what is proposed or stated by another.6 The synonym of assent, acquiescenc

Persons of sound mind are held to intend whatever are the natural and necessary consequences of their acts: they are supposed to know what these consequences will be. Experience ha

* 1. Incivillaw, foradebtor, under the direction of a court, to deposit with a third person an article of property for the benefit of a creditor. Consignation. A deposit which a de

See Inops.

See Condition; Custom; Repeal.

Is not synonymous with "including," which implies that there may be other objects in the same category, though > Jones V. N. T. Guaranty, &o. Co., 101 U. S. 627 (1879). "Seel Green

To unite or merge into one; to combine; to amalgamate. To unite into one mass or body, as, to consolidate various funds; to unite in one, as, to consolidate legislative bills. 3 Co

1. A companion. Consortsliip. Fellowship, companionship, consortium, q. v. S. A vessel that keeps company with another vessel. Consort-s Mp. A contract between owners of wrecking v

Union of lots or chances: companionship; society; conjugal fellowship and assistance. The right which a husband has to the conjugal fellowship of the wife, to her company, co Spera

1, v; It appears: literally, it^is established, certain, made manifest. Compare Constate. ' Spies V. People, ib. 237-^9; State v. Winner, 17 Kan. 293(1876); 1 Greenl. Ev. § 111; Eo

' To establish, ascertain? to evidence, testify, prove. "Unless there has been some violation of the charter or the constating instruments " of the corporation, the directors will

Determined by construction: inferred or implied, presumed or imputed; opposed to actual: as, Constructive — annexation, appropriation, assent or consent, attachment, breaking, clos

i " Consul," " consul-general," and " commercial agent," in the Revised Statutes, denote full, principal and permanent consular officers, as distinguished from subordinates and sub

See Premises, 3. Buggies insured as " contained in " a livery-stable were destroyed while in a factory for repairs. Held, that the words quoted were a warranty as to property whose

5 Contrary to a ban — a public proclamation. Contraband of war. Prohibited by the laws of war. Describes goods which a neutral may not furnish to a belligerent. Articles manufactur

5 A league, or compact; a combination. 1. An improper agreement or combination alleged against defendants in equity: whence "clause of confederacy" in a biU in equity. 2. A (crimin

Bankrupt and insolvent laws provide that acts done " in contemplation " of bankruptcy or iiisolvency shall be void. > Coppell u Hall, 7WaU. 553 (1868), cases; The Anne, 3 Wheat. 44

' To make the subject of litigation; to litigate; to dispute or resist. Contestable. Disputable; subject to resistance in a court; opposed to non-contestable. Contestant. A litigan

Non-continuous. A grant of a right or easement (g. v.) in lapdis " non-continuous" when the use of the premises by the grantee wiU be Only intermittent and occasional, and not embr

See Construction.

In actual close contact; touching; near. A relative term; referring to a building, means in close proximity to the same.* A building any particular number of feet, as twentyfive, f

! An event which may happen; a possibility. A fortuitous event which comes without design, foresight, or expectation. A remainder which depends upon an uncertainty is a "contingent

1. After an issue or demurrer has been joined, as well as in previous stages of a proceeding, a day is given, and entered upon the record, on which the parties are to appear from t

By continuing; by continuance. In trespasses of a permanent nature, where the injury is continually renewed, the declaration may allege that the injury has been committed by contin

A verdict " contrary to law " is contrary to the principles of law applicable to the facts which the jury were to try. 2 See Against.

The primary meaning is one who contracts; one of the parties to a bargain; he who agrees to do anything for another. One who contracts with a government to furnish provisions or su

A drawing together: a meeting of minds; a contract. See Forum; Locus. ' Ex contractu. By virtu'j of a contract. Applied to a right or a duty founded upon a contract relation. Oppos