A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
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A condition annexed to the rent reserved out of the land whereof the estate is made; or rather to the estate in the land, in respect of reat, etc. Shep. Touch. 118.
A condition which consists in not doing a thing; aa provided that the lessee shall not alien, ete. Shep. Touch. 118.
One which requires that an eventshall happen or an act be done.;
A con. dition precedent is one which is to be performed before some right dependent thereon accrues, or someact dependent thereon is performed. Civil Code Cal. § 1436, A condition
Acondition for notdoingathing; as that the lessee shall not alien or do waste, or the like. Shep. Touch. 118.
Conditions concurrent are those Which are mutually depenilent, and are to be performed at the same time, Civil Code Cal. § 1437.
A condition to do one thingonly. Shop. Touch. 118.
- Conditions Of Saledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The terms upon which sales are made at anction; usually written or printed and exposed in tle auction room at the time of sale.
A condition subsequent is one referring to afuture event, tipon the happening of whieh the obligation becomes no longer binding upon the other party, if he chooses to avail himself
In thecivillaw. Coownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypalheca, ususfructus, usus, and habitatio. These were more than mere jura in re alie
In Spanishlaw, The remission of a debt, either expressly or tacil- We
- Condonationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
The conditional remission or forgiveness, by one of the married parties, of a matrimonial offense committed by the other, and which would constitute a cause of divorce; the conditi
To make condonation of,
In the civil law. An action which the hirer (conductor) of a thing might haveaguinst the letter, (ecador.) Inst. 3, 25, pr. 2.
- Conductiodefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
In thecivillaw. A bir ing. Used generally in connection with the term locatio, a letting. Loeatio et condue- M Inst. 3, 25; Braet. fol. 62, ¢.28; Story, Bailm. B8 8, 368.
- Conduct Moneydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In English practice. Money paid to a witness who has been subpoenaed on a trisl, sufficient to defray the reasonable expenses of going to, slaying at, and returning from the place
In the civil law. A hirer.
1n the civillaw. A person who engages to perform a piece of work for another, at a stated price.
A thing hired.
- Cone And Keydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
In old English law. A women at fourteen or fifteen years of age m Inay take charge of her house and receive cone and ey; that is, keep the accounts and keys. Cowell. Said by Lord C
In Roman law. A sacrificial rite resorted to by marrying persons of high patrician or priestly degree, for the purpose of clothing the husband with the manus over his wife; the civ
The making and completion of a written instrument. 5 Coke, 1.
- Confederationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
A league or compact for mutual support, particularly of princes, nations, or states. Such was the colonial government during the Revolution,
A meeting of several persons for deliberation, for the interchange of opinion, or for the removal of differences er disputes. Thus, a meeting between a counsel and solicitor to adv
Toadmit the truth of a charge or accusation. Usually spoken of charges of tortious or criminal conduct.
A plea to an assignment of error, admitting the same.
Lat. A confession. Con- Sessio in judicio, a confession made in or before a court. Confessio facta in judicio omni probatione major est. A confession made in court is of greater ef
- Confessiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)
In criminal law. A voluntary statement made by a person charged with the conimission of a crime or misdemeanor, communicated to another person, wherein he acknowledges himself to b
- Confession And Avoidancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)
A plea in confession and avoidance is one which avows and confesses the truth of the averments of fact in the declaration, cither expressly or by impliertion, but then proceeds to
In English practice. Where defendant alleges a ground of defense arising since the commencement of the action, the plaintiff may deliver confession of such defense and sign judgmen
The act of a debtor in permitting judgment to ba enlered against him by his creditor, for a stipulated sum, by a written statement to that effect or by warrant of attorney, without
Bill taken pro. In equity practice. An order which the court of chancery makes when the defendant does not file an answer, that the plaintiff may take such a decree as the case mad
Lat. Inthe civil law. An action for enforcing a servitude Mackeld. Rom. Law, § 324. Confessus in judicio pro judicato habetur, et qnodamimodo sua sententia damnatur, 11 Coke, 80. A
Trust; reliance; ground of trust. In the construction of wills, this word is considered peculiarly appropriate to create atrast. “It is as applicable to the subject of a trust, as
A fiduciary relation. These phrases are used as convertible terms. It is a peculiar relation which exists between client and attorney, principal and agent, principal and surety, la
Confinement may be by either a moral or a physical restraint, by threats of violence with a present force, or by physieal restraint of the person. 1Sum. Tal
To complete or establish that which was imperfect or uncertain; to ratify what has been done without authority or insufficiently. K Confirmare est id firmum facere quod prius infir
The conveyanes of an estate, or the communication of a right that one hath in or unte lands or tenements, to anotber that hath the possession thereof, or some other estate therein,
Lat. Confirmation of the charters. <A statule passed in the 25 Edw. 1., whereby the Great Charter is declared to be allowed as the common law; all judgments contrary to it are decl
Anenlarging confirmation; one which enlarges a riglitful estate. Shep. ‘Toueh, 311.
A diminishing confirmation, A confirmation which tends and serves to diminish and abridge the services whereby a tenant doth hold, operating as a release of part of the ) services.
A confirmation which makes valid a wrongful and defeasible title, or makes a conditional estate absolute. Shep. Touch. dil.
Lat. Lhave confrr The emphatic word in the ancient deeds confirmation. Fleta, lib. 3, ¢. 14, § 5.
The grantee in a deed of confirmation.
The grantor in a deed of confirmation.
Inciviland old English law. To confiscate; to claim for or bring intw the fisc, or treasury. Bract. fol. 150.
- Confiscatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Toappropriate property to the use of the state. ‘lo adjudge property to be forfeited to the public treasury; to seize and condemn private forfeited property to public use. Hormerly
Theaci of confiscating; or of condemning and adjudging to the public treasury.
An old form of confiscate,
An accused person who admits his guilt.
- Conflict Of Lawsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
1. An opnosition, conilict, or antagonism between diiferent laws of the same state or sovereignty upon the same subject-matter. 2. Asimilarinconsistency between the manicipal laws
In this conflict certain rules are applicable, viz.: (1) Special take precedence of general presumptions; (2) constant of casual ones; (3) presume in favor of innocence; (4) of leg
- Conformitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
In English eeclesiastical law. Adherence to the doctrines and usages of the Church of England,
BILL OF, See Bini oF CONTORMITY.
Brethren in a religious house; fellows of one and the same socicty, Cowell.
- Confrontationdefined inCase LawCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
In criminal law, The act of setting a witness face to face with {he prisoner, in order that the latter may make any objection he has to the witness, or that the witness may identif
In the civil law. The inseparable intermixture of property belonging to different owners; it is properly confined to the pouring together of fluids, but is sometimes also used of a
- Confusiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Burrill (1850)
In Roman and French law. A mode of extinguishing a debt, by the concurrence in the sume person of two qualities which mutually destroy one another. This may occur in several ways,
The tifle of that branch of equity jurisdiction which relates to the discovery and settlement of conilicting, disputed, or vocertain boundaries.
The inseparable intermixture of property belonging to different owners; properly confined to the pouring together of fluids, but used in a wider sense to designate any indistinguis
- Confusion Of Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
A union of the qualities of debtor and cre Jitorin the same person, The effect of such a union is, generally, to extinguish the debt. 1 Salk. 306; Cre. Car, 551.
Leave to accord. <A permission granted by the court, in the old process of levying a fine, to the dafendant to agree with the plaintiff.
Fr. Leave foimparl. ‘The privilege of an imparilance, (licentia loguendé.) 3 Bl. Comm. 299.
A permission or license from the British sovereign to a dean and chapter to elect a bishop, in time of vacation; or to an abbey or priory which is of royal foundation, to elect an
In the French law. Permission, leave, license; a passport or clearance to a vessel; a permission to arm, equip, or havigate a vessal.
In Saxon law. Fellow-members of a guild.
An ancient measure containing about a gallon and a pint. Cowell.
An assembly or society of persons who together constitute the principal supporters of a particular parish, or habitually meet at the same church for religlous exercises. In the ecc
- Congressdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
In international law. An assembly of envoys, commissioners, deputies, etc., froin different sovereignties who meet to concert measures for their common good, or to adjust their mut
In the civil law of evidence. A throwing together. Presumption; the putting of things together, with the inference drawn therefrom.
In the civil law. A statementof thecase. A brief synopsis of the case given by the advocate to the judge in opening the trial. Calvin.
- Conjecturedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
A slight degree of credence, arising from evidence too weak or too remote to cause belief. supposition or surmise. The idea of a fact, suggested by another fact; as a poussible cau
Persons married to each other. Story, Confi, Laws, § 71.
In old English law. An associate judge, Bract. 403.
- Conjugal Rightsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Matrimonial rights; the right which husband and wife huve to each other’s society, comfort, and arfection.
One of the names of marriage, among the Romans. ‘Tayl. Civil
Intheeivillaw. Things joined together or united; as distinguished from disjuncta, things disjoined or separated, Dig. 50, 16, 53.
- Conjunctimdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Lat. In old English law. Jointly. Inst. 2, 20, 8.
Lat. In old English law. Jointly and severally.
In thecivil law. Conajunction; connection of words in a sentence. See Dig. 50, 16, 29, 142. Conjunctio mariti et femine est de jure nature. The union of husband and wife is of the
- Conjunctivedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
<A grammatical term for particles which serve for joiniug or connecting together. Thus, the conjunction “and” is called a “conjunctive,” aud “or” a “disjunctive,” conjunction.
A conjunctive obligation is one in which the several objects in it are connected by a copulative, or in any other manner which shows that all of them are severally comprised in the
- Conjuratiodefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
In old English law. A swearing Logether; an oath administered to several together; a combination or coafederacy under oath. Cowell. In old European law. A compact of the inhabitant
- Conjurationdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In old English law. A plot or compact made by persons combining by oath to do any public harm, Cowell. The oiiense of having conference or coinmerce with evil spirits, in order to
In old English law. One who swears or ia sworn with others; one
Relations by blood or marriage, but more commonly the relations of a person with whom one is connected by marriage. In this sense, the relations of a wife are "connections" of her
In French law. This exists when two actions are pending which, although not identical as in dis pendens, are so nearly similar in object that it is expedient to have them both adju
- Connivancedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The secret or indirect consent or permission of one person to the commission of an unlawful or criminal act by another. Literally, a winking at; intentional forbearance to see a fa
- Connoissementdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)
In French law. An instrument similar to our bill of lading.
Inthe civillaw. Marriage. Among the Romans, a lawful muarriage as distinguished from “coneubinage,” {q. ®.,) which was an inferior marriage.
In Spanishlaw, A recognizance. White, New Reevp. b. 3d, tit. 7, ¢. 5, § 3.
In Spanishlaw. A billof lading, In the Mediterranean ports it is called “poliza de cargamiento.”
In modern civil law. A joint possession. Mackeld. Rom. Law, § 245, ’
In Norman and old English law, The first purchaser of an es- ' tale; he who Arst brouglit an estate into his family. he who brought it into the family owning it. 2 Bl. Comm. 242, 2
- Conquestdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In fendal law. Conquest; acquisition by purchase; any method of acquiring the ownership of an estate other than by descent. Also an astate acquired otherwise than by inheritance. I
Conqueror. The title given to William of Normandy.
In French law. The nime given to every acquisition which the husband and wife, jointly or severally, make during the conjugal eommunity. Thus, whatever is acquired by the husband a
In feudal and old Znglish law. Acquisition, 2 Bl, Comm. 242.
- Conquisitordefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Infeudal law. <A purchaser, acquirer, or conqueror. 2 BI. Comin. 242, 243,
In civil and feudal law. <A half-brother by the father’s side, as distinguished from /rater uterinus, a brother by the mother’s side.