A Dictionary of Law

A person related by blood; a person descended from the same common stock. Consanguineus est quasi eodem sanguine natus. Co, Lilt. 157. A person reluted by consanguinity is, as 1t w

The connection or relation of persons descended from the same stock or common ancestor. It iseither lineal or collateral. Lineal is that which subsists between persons of whom one

This term is not synonymous with “principle.” An “objection on principle” is not the same thing as a “conscientious scruple” or opinion. 7 Cal. 140.

COURTS OF. Courts, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; otherwise and more commonly called “Cour

In Scotch law. Knowledge of another's property; Knowledge that a thing is not one’s own, but belongs to another. He who has this knowledge, and retains possession, is chargeable wi

Drafting into the military services of the state; compulsory service falling upon all male subjects evenly, within or under certain specified ages.

In ecclesiastical law. To dedicate to sacred purposes, as a bishop by imposition of hands, or a church or cebhurehyard by prayers, etc. Consecration is performed by a bishop or arc

A term derived from the civillaw, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to f

A concurrence of wills. Hepress consent is that directly given, either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or si

In Scotch law. Implied powers or authorities. Things which follow, usually by implication of law. A eomniission being given to execute any work, avery power necessary to carry it o

A guardian; protector; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the district in which he resid

Commissioners or trustees in whom the control of a certain river is vested, in England, by act of parliament.

The judgment of the court.

The inducement fo a contract. The canse, motive, price, or impelling influence which induces a contracting party to enter into a contract. The ferred, upon the promisor, by any oth

One who sends or makes aconsignment. A shipper of goods, Consilia multorum queeruntur in magnis, 4 Inst. 1. The counsels of many are required in great things.

In the civil law. To deposit in the custody of a third persona thing belonging to the debtor, for the benelit of the creditor, under the authority of a court of justice. Poth. Obl.

Inmercantilelaw. One to whom a consignment is made. The person to whom goods are shipped for sale.

Theact or process of consigning goods; the transportation of goods consigned; an article or collection of goods sent to a factor to be sald; goods or property sent, by the aid of a

In the civil law. A counsellor, as distinguished from a pleader or advocate. An assistant judge. One who participates in the decisions. Du Cange.

Lat. Destitute of hout legal counsel. A term api@ acls or condition of one aeting advice, as a testator drafting

A day appointed to hear the counsel of both parties. A caseset down for argument. It is commonly used for the day appointed for the argument of ademurrer, or errors assigned. 1 Tid

In practice. A e, 24, which lay for the benefit of the rever. sioner, where a tenant by the curtesy aliene in fee or for life.

Being composed or made up of, This word is not synonymous with “ineluding;” for the latter, when used ia connection with a number of specified objects, always implies that there ma

The state council of the Roman emperors. Mackeld. Rom. Luw, § 58.

[In ecciesiastical law. An assembly of cardinals convoked by the pope.

Courts held by diocesan bishops within their several cathedrals, for the trial of ecclesiastical cause es arising within their respective dioceses, The bishop’s chancellor, or his

In the civil law. Cousins-german, in general; brothers’ and sisters’ children, considered in their relation tu each other.

The name of a code of sea-laws, said to have been compiled by order of the kings of Arragon (or, according to other authorities, af Pisa or Bureelona) in the fourteenth century, wh

To consolidate means something more than rearrange or redivide. In a general sense, it means to unite into one mass or body, as to consolidate the forces of an army, or various fun

In England A fund for the payment of the public debt.

The orders regulating the practice of the English court of chancery, which were issued, in 1860, in substitution for the various orders

The act or process of uniting two or more of them into one.

In practice. Arule or order of court requiring a plaintiff who has instituted separate suits pon several claims against the same defendant, to consolidate them in one action, where

An abbreviation of the expression “consolidated annuities,” and used in modern times as a name of various funds united in one for the payment of the British. Consortio malorum me q

In the elvil law. A union of fortunes; a lawful Roman marriage. Also, the joining of several persons us parties to one action, In old English law, the term signified company or soc

In criminal law. A combination or confederacy between two or more persons formed for the purpose of committing, by their joint efforts, some unlawful or criminal act, or some act w

An ancient writ that lay against conspirators. Keg. Orig. 134; Fitzh. Nat. Brev. 114.

Persong guilty of a conspiracy. Those who bind themselves by oath, covenant, or other alliance that each of them shall aid the other falsely and maliciously to indict persons; or f

In medievallaw. The nameé given to a very high functionary under the French and English kings, the dignity and importance of whose office was only second to that of the monarch. He

In Enviish law. An officer having charge of a castle; a warden, or keeper; otherwise called a “castellain.”

(Called, also, “Marshal.”) ITis ottice consisted in the tare of the common peace of the realm in deeds of arms anid matters of war. Lamb. Oonst. 4.

An uflicer who was formerly entitled to command all the king’s armies in the absence of the king, and to take cognizance of all crimes somimitted within four miles of the king’s pe

In English law, The territorial jurisdiction of a constabie; ag bailiwick is of a bailiff or sheriff. 5 Ney. & M. 261.

An officer of horse; an officer having charge of foot or horse; a naval commander; an officer having charge of military affairs generally. Spelman.

It is clear or evident; it appears; it is certain; there is no doubt. Non constat, it does not appear. A certificate which the clerk of the pipe and auditors of the exchequer made,

In French law. An allidavit made by a hwissier, set ting forth the appearance, form, quality, color, etc., of any article upon which a suit depends, Arg. Ir. Mere. Law, 554,

To appoint, constitute, establish, ordain, or undertake. Used principally in ancient powers of attorney, and now supplanted by the English word “constitute.”

A Latin term, signifying we constitute or appoint.

Officers properly appointed under the constition for the government of the people.

In thecivil law. An imperial ordinance or constitution, distinguished from Lex, Senatus-Consultum, and lishment or settlement. Used of ettled by the parties withouta ¥ i] paid acco

Consistent with the constitution; authorized by the constitution; not conflicting with any provision of the constitution or fundamental law of the state. Dependent upon a constitut

1. That branch of the public law of a state which treats of the organization and frame of government, theorgans and powers of sovereignty, the distribution of political and governm

Laws promulgated, i. e., enacted, by the Roman Emperor. They were of various kinds, namely, the following: (1) edicta; (2) decreta; (3) rescripta, called also "epistolae." Sometime

In the civil law. One who, by a simple agreement, becomes responsible fur the payment of another’s debt.

In thecivillaw. An agreement to pay a subsisting debt which exists without any stipulation, whether of the promisor or another party. It differs froma stipulation in that it must b

This term is held to ba exactly equivalent with “restraint.” 2 Tenn, Ch. 427, In Scotch law. Constraint means duress.

To build; erect; put togethor; make ready for use. made by the law} works no injury. Co. Litt. 183; Broom, Max. 603. The law will make such a construction of an instrament as not t

The process, or the art, of determining the sense, real meaning, or proper explanation of obscure or ambiguous terms or provisions in a statute, written instrument, or oral agreeme

COURT OF. A court of equity or of common law, as the case may be, is called the court of construetion with regard to wills, as opposed to the court of probate, whose duty is to dec

That which is established by the mind of the law in its ack of consiruing facts, conduct, circumstances, or instruments; that which has not the character assigned to it in its own

An asyent or consent imputed to a party from a consiruction or interpretation of his conduet; as distinguished from one which he actually expresses. CONSTRUCTIVE BREAKING INTO

Conintent, gains an advantage to the personi fault, or any one claiming under him, by misleading another to his prejudice, or tothe prejudice of any one claiming under him; or (2)

One where the felonious intent to appropriate the goods to his own use, at the time of the asportation, is made out by construction from the defendant’s conduct, although, original

Implied malice; malice inferred from acts; malica imputed by law; malice which is not shown by direct proof of an intention to do injury, (express malice,) but which is inferential

Information or knowledge of a fact imputed by law to a person, (although he may not actually have it,) because he could wave discovered the fact by proper diligence, and his situat

A phrase used in the Jaw to characterize an act uot amounting to an actual appropriation of chattels, but which shows an intention to convert them to his use; as if a person intrus

In marine insurance. This occura where the loss or injury to the vessel insured does not naing, the cost of repairing or recovering ‘t old amount to more than its value when 60 rep

Treason imputed to a person by law from his con- ‘duct or course of actions, though his deeds taken severally do not amount to actual treagon. This doctrine is not known in the Uni

A trust raised by construction of law, or arising by operation of law, as distinguished from an express trust. Wherever the circumstances of a transaction are such that the person

To put tegether; to arrange or marshal the words of an instrument. To ascertain the meaning of language by a process of arrangement and inference,

In ecclesiasticallaw. A ritual or book, containing the rites and forms of divine oilices, or the customs of abbeys and monasteries.

Customary law. Law derived by oral tradition from a remote antiquity, ell.

[In old Enelish law. Customs. Thus, consuetudines et assisa foreste, the customs and assise of the forest.

(Lat. feudal customs.) A compilation of the law of feuds or fiefs in Lombardy, made A. D. 1170.

Lat. A eustom; an established usage or practice. Co, Litt. 58. ee. Tolls; duties; taxes. Id. 58d.

The custom of England; the ancient common law, as distinguished from lex, the Roman or civil law. Consuetudo contra rationem introducta potius usurpatio quam consuetudo appellari d

In Roman law. During the republic, the name “consul” was given to the chief executive magistrate, two of whom were chosen aunually. The office was coutinued under the empire, but i

Courts held by the consuls of one country, within the ter ritory of another, under authority given by treaty, for the settlement of civil cases be tween citizens of the country whi

In ecclesias. tical law. A church full or provided for, Cowell.

Tha opinion of a court of law on a special case.

A writ whereby a canse which has been wrongfully removed by prohibition out of an ecclesiastical court toa temporal court is returned to the ecclesiastical court. Phillim. Eee. Law

Inthe civil law. Designedly; intentionally. Dig. 28, 41.

Completed; as distin. guished from énétiate, or that which iy merely begun. The husband of a woman seised of an estate of inheritance becomes, by the birth of a child, tenant by th

The completion of

One who has committed contempt of court.

The act of the d in considering with attention. Connued attention of the mind to a particular ‘subject. Consideration of an act or series of acts with the intention of doing or ado

Lat. Contemptuously. In old English law. Contempt, con- J tempts. Fileta, lib. 2, e. 60, § 35.

Contested; adversary; litigated between adverse or contending parties; a judicial proceeding not merely ew parte in its character, but comprising attack and defense as between oppo

CONTENEMENT. A man’s countenance or eredit, which he has together with, and by reason of, his freehold; or that which is necessary for the support and maintenance of men, agreeably

In parliamentary law. The “contents” are those who, in the house of lords, express assent to a bill; the “not” or “non contents” dissent. May, Par!. Law, cc. 12, 357. “CONTENTS UNK

Adjacent; adjoining; having a common boundary; coterminous.

To make defense to an adverse claim ina court of law; to oppose, resist, or dispute the case made by a plaintiff.

In an ecclesiastical cause, that stage of tho suit which is reached when the defendant has answered the libel by giving in an allegation.

This phrase has no technical or legally defined meaning, An election may be said to be contested whenever an objection is formally urged against it which, if found to be true in fa

The context of a particula sentence or clause in a statute, contract, wil et¢e., comprises those parts of the text whic immediately preeede and follow it. The context may sometimes

In close proximity; in actual close contact.’ 69 N. Y. 191. Touch ing; bounded or traversed by. The term ig not synonymous with “vicinal.” 32 La Ann. 405.

In Spanish law, OContinency or unity of the proceedings in a cause, White, New Recop. b. 3, tit. 6, ¢. 1.

In the Roman law. Continuing; holding together. Adjoining buildings were said to be continentia.

Inold English prac tice. Continuanee or connection. Applied to the proceedings in a cause. Bract. fol, 8625.

An event that may or may not happen, a doubtful or uncertain future event. The quality of being contingent.; A fortuitous event, which comes without design, foresight, or expectati