A Dictionary of Law

See Parol; Rebut.

Against; in opposition to; to the contrary effect; contraiy. Standing alone (1) denotes opposition ot counsel to matters urged in argument, as " A. B., contra; " (2) indicates case

To conflict, oppose. Whence contravention. A right which militates with another right is sometimes called a " contravening equity." s

The share provided by or due from one of several persons to assist in discharging a common obligation or in advancing a'common enterprise.* Contributive; eontributory. Helping to b

See Prohibition; Regulate. In a contract by a railroad company concerning the roads which it might '* control," held to refer to the immediate or executive control which it exercis

Any issue, whether of a civil or criminal nature; a case, q. v. A dispute arising between two or more persons.' A civil proceeding; as, that the judicial power of the United States

io Refusal or neglect to appear or to answer in a court; contempt for ■ White, Ld. Cas. CO; 1 Ld. Cas. Eq. 100; 13 Am. Law Reg. 539. 2 Bailey v. Bussing, 28 Conn.'468-61 (1S59), ca

See Cognizance.

See Recognizance.

See Soon. Whatever it is the duty of an ofiicer to do. in the performance of service enjoined by law, and which may be accomplished by the exercise of reasonable diligence, that he

A coming togefher: agreement, engagement. ^ Conventio vinoit legem. Agreecient takes the place of the. law: the express vjnderstanding of parties supersedes such understanding as t

A general term for any mutual engagement, formal or informal. See CoNVENTio. Conventional. Agreed upon; created by act of parties — by agreement; opposed to legal — created by cons

1. The etymological meaning (which see, below) seems to be preserved in the offense termed criminal conversation: adultery regarded as an injury to the husband, entitling him to da

2 1, V. To find guilty of a ci-iminal offense, by verdict of a jury. 2, n. One who has been found guilty of a crime; in particular, one who is serving a sentence for the commission

To overcome or subdue: to satisfy the mind by proof, i See Doubt, Reasonable. COOLnSTG TIME. Time for passion to subside and reason prevail; time for reflection. A man, when assail

See Association; Trades-union.

See Jurisdiction, 3.

The estate held where lands of inheritance descend from the ancestor to two or more persons. Coparceners. Co-heirs are called coparceners, and parceners: they may be compelled to m

See Partner.

A true transcript of an original writing.* A reproduction or transcript of language, 1 Evans v. Eugee, 57 Wis. 636 (1883). = Commonwealth v. Webster, 5 Gush. 308 (1850), Shaw, C. J

Before; in the presence of. Coram nobis. Before us. Coram vobis. Before you. Designate, the first, a writ of error designed to review proceedings before the same court which is all

See Grain. COEIfER. In the language of gambling speculation, when an article of commerce is so engrossed or manipulated as to make it scarce or plenty in the market at the will of

See Pension, 3.

' 1. An officer who has prin-' cipally to do with pleas of the crown, or such wherein the king is more immediately concei-ned.i 2. A county officer who inquires into the causes of

1. Relating to the body of a* person; bodily: as, corporal punishment, q. v.; corporal seizure or touching. See Arrest, 2; Corpus. 3. Affecting a thing externally; as, a corporal o

See Corporation, Corporate.

See Burial.

A body; also, the principal thing, the essential part, the substance. In several phrases it means the body or person of an individual, as see under Capere; Haberk. 1 [Gulliver v. E

See Communication, Privileged, 3; Letter, 3.

See Circumstances; Evidence.

1. To taint, vitiate: as, to corrupt the blood, q. v. 3. To do an act for unlawful gain. Corruption. An act done with intent to gain an advantage not consistent with official duty

2 Of an article purchased for exportation: the price given for it, with every incidental chai-ge, paid or supposed to be paid, at the place where the article is exported.* Cost pri

One or more persons to whom a matter is referred for examination, deliberation, superintendence, action, or recommendation. An individual or a body to which others have committed o

\,v. In the sense of to compute, see Account; Discount. 2. In the sense of to refer to a statute, compare Recite. 3. n. In the sense of earl or comes, see Sheriff. 4. In pleading,

Contrary, in opposition to. See CoNTEA. As a' prefix, denotes that one thing is, or is placed, in antagonism to some other: as, a counter-afiidavit, counter-bond, counter-claim, co

One of the parts of an indenture which lay opposite or counter to each other.' A duplicate copy. Indentures were originally written twice on the same sheet of parchment with a spac

1. To sign on the opposite side. 2. To sign in addition to another, as the superior officer, and in attestation of authenticity.5 See Sign, Countersign.

To operate with equal effect: to deserve equal consideration. An equitable right which is as important or well founded as another which is being pressed for the more favorable reco

6 1. In its primary meaning, signifies place; in a larger sense, the territory or dominions occupied by a community, or even waste and unpeopled sections or regions of the earth; b

See Interest, 3(3), Coupled. COUPOH".6 Something "cut off "from another thing: a distinct part of a document or instrument, intended to be separated from the body thereof and used

1. The direction of a line with reference to a meridian. See Boundary; Hearsay, 3; Monument, 1. 3, Routine; practice; procedure. Compare CURSUS. Course of an action. Progressive ac

United States Circuit, p. S81. An act approved August 13, 1888 (25 St. L. 433), corrects the enrollment of the act of March 3, 1887 (24 id. 552). as follows: Page 281, column 2, li

Sometimes means a cousin bymarriage. A similar usage obtains as to the words " nephew " and " niece." A person spealdng of another by his name and relationship is likely to be most

1. An advisory body selected to assist the governor of a State in his official determinations. King's councils. To assist him in the discharge of his duties, the maintenance of his

* 1. Covered, protected: as, a pound covert. See Pound, 2. 3. Implied, inferred: as, a covert condition. 3. Under the disability of marriage; married. Discovert. Unmai-ried, whethe

'' "A contrivance between two to defraud or cheat a third." ' ' ' A secret assent determined in the hearts of two or more to the prejudice of another." ^ 1 3 Bl. Com. 156-B7. = 1 C

* 1. Putting together, ready for use; building; erecting: applied to houses, vessels,^ railroads,* machines.'' See Build; Erect; Conteactok. 2. Drawing conclusions respecting subje

See Vessel.

Has no necessary defamatory meaning, any more than to say of one that he is capricious or subject to vagaries or whims. 3 Does not necessarily imply that a man has been guilty of a

See Oyer.

See Charter, 3. CRiEDIBLE.'' 1. Worthy of belief; deserving of confidence. See Credit, 1. 3. Entitled to be heard as a witness; competent. Competent to give evidence, and worthy of

1. In its primary sense, as a noun and a verb, imports reliance upon something said or done as the truth: belief or faith in testimony. Discredit. To diminish the reliance to be pl

s A company or bank formed for advancing money on personal eistate, generally with the declared ob- > 1 Story, Eq. §§ 546^9; Richmond v. Irons, 121 tJ. S. 44 (1867), cases. 2 Kenne

That which is cropped, cut, or gathered; 3 the valuable part of what is planted in the earth; fruit; harvest. Compare Cultivation; Fructus. Crop-time. That portion of the year whic

1, V. To intersect, q. v. Crossing. Before a person enters upon a railroad crossing he must use aU his senses, take all the precaution he reasonably can, to ascertain that he may c

Any voyage for a given purpose. Imports a definite place, as well as time of commencement and termination.''

See Auction; Ceieii; Pais.

See Scold.

Fr. The bottom of a bag. A street open at one end; a blind alley.

A fault; negligence; guilt. Lata culpa. Gross negligence. Levis culpa. Ordinary negligence. Levissima 1 Massachusetts Society, &c. v. Boston, 142 Mass. 87- 23 (1886), Devens, J. 2

Censurable; criminal. See Culpa. Applied to an omission to preserve the means of enforcing a right, " censurable " is more nearly an equivalent than ''criminal."'' See Negligence,

A water-way or passage, whether of wood or stone, square or arched.^

See Curia.

A guardian; a committee, q. V. The guardian of the estate of a wai'd, as distinguished from the guardian of his person.' Curator ad hoe. A guardian for this — special purpose. Cura

Was given the meaning at the residence (Memphis, Tenn.) of a purchaser, when that differed from the meaning at the residence (Atchison, Kan.) of the seller.*

A court of justice; a court, or the court. Compare Forum. Curia advisari vult. The court desires to deliberate — over the matter: the court reserves its decision, for the present.

* 1. Now running or passing; now present; now being created or received; existing in present time. As, a current — account, balance, earnings, motion, value, year, qq. v. 1 United

A running: way, mode, practice. See De, Cursu. Cursus CTirisB lex eurise. The practice of a court is the law of the court. Established, inveterate practice will be adhered to: it i

* 1. Where a man marries a woman seized of an estate of.an inheritance (that is, of land and tenements in fee-simple or fee-tail), and has by her issue, born alive, capable of inhe

1. Originally, the land with the castle and out-houses, inclosed often with high walls, where the old barons sometimes held court in the open air. Whence court-yard, i 3. The court

Keeping, custody; literally, watch, guard, care. V In eustodia legis. In the custody of the law. See Custody.

See Custodia. 1, Care, possession, charge: as, the custody of a child,, of a lunatic, of a ward; i the custody of a deposit, or of funds. Custody of property, as contradistinguishe

8 That length of usage which has become law; a usage which has acquired the force of law. Often used synonymously with "usage." 9 A law established by long iisage. A universal cust

See Boycotting; Good "Will.

Taxes upon goods or merchandise imported or exported. The duties, toll, tribute, or tariff payable upon merchandise exported or imported. They are the inheritance of the king from

1. A wound made with an instrument having an edge.' See Battery; Mayhem; Stab; Wound. 3. An impression made upon paper or cloth from an engraved block or plate. See Copyright. ■ Co

A generic term, often used to describe razors, scissors, and sheax-s, as well as knives for table, pocket, and other uses.i '' Slieep shears " are included within the word, as used

3 As near; as near as; as near as can be. The rule of construction that the intention of a testator, who seeks to create a charity, is to be given effect as far as is consistent wi

The work or structure raised to obstruct the flow of water in a stream; also, 1 Acti 26 May, 1876: P. L. Sll. 'See Bispham, Eq. § 130 (1888); 1 Col. Law T. 8-14 (1887), cases. = Se

Detriment; deprivation; injury; loss. Etymologically, a thing taken away; the lost thing, which a party is entitled to have restored, that he may be made whole again. See Damnum; L

That which is taken away: loss; damage; legal hurt or harm. Plural, damna: legal losses. Damniflcatus, injured. Damnosa, hurtful. Ad damnuni. To the loss; " to the damage of plaint

See Deraign. DAHREIlf. See Continuance, Puis, etc.

See Chartek, 2; Corporation.

2 The primary signification is time " given " or specified, — in some way ascertained and fixed.' The time when an instrument was made, acknowledged, delivered, or recorded; the cl

De bene esse, conditionally. See De, Bene, etc.

De bonis non, of effects unadministered. See Administer, 4. D. C. District court; District of Columbia.

Cessation of life; extinction of poli^cal existence. See Life. Civil death. Extinction of civil rights. A bankrupt is regarded as civilly dead;' so is an insolvent corporation, to

See Libertt, 1, Of speech; Privilege, 4.

In French, debauche, from the shop: to entice away from work or duty; to entice and corrupt. Referring to a woman, at first meant to seduce, then to seduce and violate: in which tw

1. A custom-house certificate that an importer is entitled to a drawback.« 3. A bond in the nature of a charge on government stock, or on the stock of a public company.' See Debet.

He owes; from debere: de habere, to have a thing of some one. Compare Assumpsit. Deta.et et detinet. He owes and withholds. The form of the writ of debt is sometimes in the debet a

Whatever one owes.* See Debet. 1. A liquidated demand. A sum of money due by certain and express agreement.* As, by a bond for a determinate sum, by a bill or note.'by a special ba

See Capital, 1.

* A deceased person whose estate is being settled. See Administer, 4; Creditor, Bill; Distribution, 2; Part, 1; Probate; Residue; Will, 3.

Any device or false representation by which one man misleads another to his injury. ^ A fraudulent niisi-epresentation, by which one man deceives another, to the injury of the latt

1. In the sense of a false representation to induce credit or confidence, see' Deceit; Estoppel; Fraud, Actual. 2. In the sense of stratagem to discover crime, see Communication, P

See Oath, Decisory.

" Decoy letters " are, ordinarily, letters prepared and mailed for the purpose of detecting criminals. It is no objection to a conviction upon evidence produced by means of a decoy

5 The. decision, judgment, or sentence of a court of equity, admiralty, probate, or divorce.iurisdiction. A sentence or order of a court of equity, pronounced on hearing and unders