A Dictionary of Law

In Scotch practice. A term applied to a ples which might have been urged by a party during the dependence of a cause, but which had been omitted. Bell.

That which the very nature of the thing to be proven requires, as the production of a writing where its contents are the subject of inquiry. 1 Greenl. Ev. § 2; 1 Lea, 504.

One whois legally qualified to be heard to testify in a cause, See COMPETENCY.

In Scotch practice. The contest among creditors claiming ou their respective dili gences, or creditors claim. ing on their securities, Bell.

To compile is to copy from various authors into one work. HKetween a compilation and an abridgment there is a clear distinction. A compilation consists of selected extracts from di

In practiee. One who applies to the courts for legal redress; one who exhibits a bill of complaint. This ‘g the proper designation of one suing in equity, though “plaintiff” is oft

In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It correspond

One who is united with others in an ill design; an associate; a confederate; an accomplice.

The ordinance of measures. ‘The title of an ancient ordinance, not printed, mentioned in the statute 23 Hen, VIII. ¢. 4; establishing astandard of measures. I Bl. Comm. 275, COMPOS

An agreement, made upon a sufficient consideration, between an insolvent or embarrassed debtor and his creditors, whereby the latter, for the sake of immediate payment, agree to ac

An agreement embodying the terms of a composition between a debtor and his creditors.

An arrangement between a bankrupt and his ereditors, whereby the amount he can be expected to pay is liquidated, and he is allowed to retain his assets, upon condition of his makin

A mixture or chemical combination of materials.

or

Sound of mind. Having use and control of one’s mental faculties,

Having the use of one’s limbs, or the power of bodily motion. Si fuit ita compos sui quod itinerare potuit de loco tr locum, if he had so far the use of his limbs as to be alle to

Several sorts of soil or earth and other matters mixed, in order to make a fine kind of mould for fertilizing lands.

In old English iaw. A party accounting. Fieta, lib. 2, ¢. 71, § 17. chirgs from a debt by the payment of a smaller sum.

In Louisiana. The maker of a composition, generally called the “amicable compouniler.”

The offense committed by a person who, having been directly injured by a felony, agrees with the criminal that he will not prosecute him, on condition of the latter's making repara

Interest upon interest, 7. e., when the interest of asum ot money is added to the principal, and then bears interest, which thus becomes a sort of secondary principal. a

In Spanish law. Purchase and sale,

A surreptitious printing of another book-seller’s copy of a work, to make gain thereby, which was contrary to common law, and is illegal. Wharton.

In the civillaw. Children by a former marriage, (individually called “privigni,” or “privigne,”) considered relatively to each other. Thus, the son of a husband by a former wife, a

An arrangement arrived at, either in court or out of court, for settling a dispute upon what appears to the parties to be equitable terms, haying regard to the uncertainty they are

In the civil law. Ant arbitrator.

A submission to arbitration. Compromissum ad similitudinem judiciorum redigitur,. A compromise is brought into affinity with judgments. 9 Cush. 571.

An officer of the court of chancery, appointed by act of eourt, and to place the same in the Bank of England for security. 12 Geo, I. ec. 32; 1 Geo. IV. c.35; 15 & 16 Vict. c. 87,

Fr. A compte arrété is an account stated in writing, and acknowledged to be correct on its face by the party against whom itis stated, 9 La. Ann, 484,

In Scotch law. An accounting party.

<A public officer of a stale or municipal corporation, charged with certain duties in relation to the fiscal affairs of the same, principally to examine and audit the accounts of c

An officer in England, whose duty it is to receive from the trustee in each bankruptcy his accounts and periodical statements showing the proceedings in the bankruptcy, and also to

Constraint; objective necessity. Forcible inducement to the commission of an act.

In ecclesiastical procedure, @ compulsory is a kind of writ to compel the attendance of a witness, to undergo examination. Phillim. Eee. Law, 1258.

One of severa neighbors of a person aceused of a crime, o1 charged as a defendant in a civil action, whe appeared and swore that they believed him on his oath, 3 BJ. Comm. 341. acc

A writ to compel a guardian, bailiff, receiver, or accountant to yiekl up his accounts. It is founded on the statute Westm. 2, c. 12; Reg, Orig. 135.

In Irish practice. The payment of wages: in land, the rent: being worked out in labor at a money valuation. Wharton. Conatus quid sit, non definitur in jure. 2 Bulst. 277. What an

[n Spanish law. With (or in) good faith.

To hide; secrete; withhold from the knowledge of others. The word “conceal,” according to the best lexicographers, signifies to withhold or keep secret mental facts from another’s

The term “concealed” fg not synonymous with “lying in wait.” If & persun conceals himself for the purpose of shooting another unawares, he is lying in wail; but a persun may, while

Igrant. A word used in old Anglo-Saxon grants, and in statutes merchant.

Lat. Ihave granted. At common law, in a feoffment or estate of inheritance, this word dees not imply a warranty; it only creates a covenant in a lease for years. Co. Lilt. s84a,; 2

In the civil law. A G theft (furtum) was called “eonceptum,” when the thing stolen was searched for, and found upon some person in the presence of witnesses. Inst. 4, 1, 4. H

When a policy of insurance expresses that the insurance is made “on account of whom it may concern,” it will cover ail persons having an insurable interest in the subject-matter at

Lat. We have granted. A term used in conveyances, the effect of which was to create a joint covenant on the jiart of the grantors.

In old English law. A grant. One ofthe old common assurances, or forms of conveyance. Concessio per regem fleri debet do certitudine. 9 Coke, 46. <A grant by the king ought to be m

A grant; ordinarily apgovernment; French and Spanish grants in Louisiana.

(He granted and agreed to pay.) In English law. An action of debt upon a simple contract. It lies by custom in the mayor’s.court, London, and Bristol city court..

In old English Jaw. A grantor.

Accorded: conceded. This term, frequently used in the old reports, signifies that the court admitted’ or assented to a point or proposition made on the argument.

A grantee.

In old English law. Such as find out concealed lands; that is, lands privily kept from the king by common persons having nothing to show for them, They are called “a troublesome, d

In French law. The formality to which intending litigants are subjected in cases brought before the juge de pais. The judge couvenes the parties and endeavors to reconcile them. Sh

A council. Also argument in a cause, or the sitting of the court to hear argument; a day allowed to a defendant to present his argument; an imparlance.

In Anglo-Norman times. An executive and residuary jadicial committee of the Aude Regis, (g- ¥-)

Anancient English tribunal, existing during the reigns of Edward L. and Edward II., to which was referred cases of extraordinary difficulty. Co. Litt. 304.

To finish; determine; to estop; to prevent.

Ended; determined; estopped; prevented from.

The end; the termination; the act of finishing or bringing to a closes. The conclusion of a declaration or complaint is all that part which follows the statement of the plaintiff's

Evidence which, in its nature, does not admit of explanation or contradiction; such as what is called "certain circumstantial" evidence. Burrill, Circ. Ev. 89. Evidence which, of i

A rule of law determining the quantity of evidence requisite for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherwise,

Lat. In old English law, an agreement, or concord. Fleta, lib. 5, c. 3, § 5. The agreement or unanimity of a jury. Compellere ad concordiam. Fleta, lib. 4, c. 9, § 2.

A fold, pen, or place where cattle lie. Cowell.

Lying together, as eattle,

A species of loose or informal marriage which took place among the ancients, and which is yetin use in some countries. See-CONCUBINATUS. The act or practice of cohabiting, in sexua

In Romanlaw. An informal, unsanctioned, or “natural” ware Tiage, as contradistinguislied from the juste nuptie, or justum matrimonium, the civil Marriage.

(1) A woman who cohabits with a man to whom she is not married. (2) A sort of inferior wife, among the iomans, upon whom the husband did not confer his rank or quality.

In Louisiana. To join with other claimants in presenting a demand against an insolvent estate.

In the civil law. A joint or co-curator, or guardian,

In Frenchlaw. The possession, by two or more persons, of equal rights or privileges over the same subjectmatter.

Having the same authority; acting in conjunction; agreeing in the same act; contributing to the same event; contemporaneous.

The jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor.

Duplicate originals, or several writs running at the same time for the same purpose, for service on or arrest of a person, when it is not known where he is to be found; or for serv

In the civillaw. (1) A running together; a collision, as concursus creditorum, a conflict among creditors. (2) A concurrence, or meeting, ns concursus actiontwn, concurrence of act

In Secoteh law, To coerce.

Inthe civil law. The offense of extortion by threata of violence. Dig. 47, 13.

Inthe civil law. The unlawful forcing of another by threats of violence to give something of value. It differs from robvery, in this: that in robbery the thing is taken by force, w

In geeclesiastical law. it is pleaded that the deceased made the will which is the subject of the suit, and that he was of sound mind. 2 Eng. Ecc. R. 438; 6 Eng. Lee. K. 431.

To find or adjudge guilty. 3 Leon. 68. Toadjudge or sentence. 3 Bl. Comm, 29]. ‘To adjndge (as an admiralty court) that a vessel is a prize, or that she is unfit for service. 1 Ken

In admiralty law. The judgment or sentence of a court having jurisdiction and acting in rem, by which (1) it is declared that a vessel which has been captured at sea as a prize was

In practice. The damages which the party failing in an action is adjudged or eondemned to pay; sometimes simply called the “condemnation.” As used in an appeal-bond, this phrase me

In the Scotch law. <A part of the proceedings in a cause, setting fortii the facts of the case on the part of the pursuer or plaintiff.

In Ronan law. A general term ior actions of a personal nature, founded upon an obligation to give or doa certain and defined thing or service. It is distinguished from vindicatio r

In the civil law. An action arising where the law gaya a remedy, but provided no appropriate forin of action. Calvin.

In the civillaw. An action which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fa

Inthe civillaw. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.

In the civiliaw. An action which lay in favor ofa person who had given or promised a thing without consideration, (causa.) Dig. 12, 7; Cod. 4, 9.

That which is dependent upon or granted subject to a condition.

Inthe civil law. A creditor having a future right of action, or having a right of action in expectancy. Dig. 50, 16, 54. the occurrence of some uncertuin event, by which it is eith

One which is liable tu take effect or to be defeated according to the occurrence or non-oceurrence of some uncertain event.

An obligation is conditional when the rights or duties of any party thereto depend upon the oecurrence of an uncertain event. Civil Caile Cal, § 1484. The Lonisiana Code defines co

In the civillaw. A stipulation to do a thing Conditiones quxelibet odicsze#; maxima autem contra matrimonium et commercium. Any conditions are odious, but especially those which ar

A condition which consists in doing a thing; as provided that the lessee shall pay rent, etc. Shep, Touch. 118.

<A condition where the act to be done is a collateral act. Shep. Touch. 118.

Acondition expressly requiring a thing to be done; as that a lessee shall pay £10 such a day, or his lease shall be void. Shep. Touch. 118.

A condition to do divers things. Shep. Touch, 118,

Acondition requiring one of several things to be done. Shep. Touch. 118.

A condition expressed in the deed by which it is ereated, (conditio expressa.) 2 Crabb, Real Prop. p. 792, § 2127; Bract. fol. 47. A condition annexed, by express words, to any feo

One which the law infers or presumes, from the nature of the transaction or the conduct of the parties, to have been tacitly understood bet ween them as a part of ibe agreement, al

Fr. conditien en faith. A condition expressed in a deed. (a3 a feoifment, lease, or grant,) in Plain words, or legal terms of Jaw. Cowell; Co. Litt. 20le. See Conprrion EXPRESSED.