A Law Dictionary, Adapted to the Constitution and Laws of the United States

maritime law. Takes place when two ships or other vessels run foul of each other, or when one runs foul of the other. In such cases there is almost always a loss or damage incurred

French law. The act by which the creditors of; an estate are arranged m the order in which they are to be paid according to law. ‘Che order in which the creditors are placed, is al

pleading, a discourse, a conversation or conference. In actions of slander it is generally true that an action does not hie for words, on account of their being merely disgraceful

fraud, is an son of his rights by the forms of law, or to obtain an object forbidden by law; as, for example, where the husband and wife collude to obtain a divorce for a cause not

pleading, is of several kinds, namely, express colour, and implied colour.

EXPRESS, pleading, is defined to be a feigned matter, pleaded by the defendant, in an action of trespass, from which the plaintiff seems to have a good cause of action, whereas he

criminal luw, is a wrong committed by an officer under the pretended authority of his office. In some cases the act amounts to a misdemeanor, and the party may then be indicted; in

An animal of the horse species, whether male or female, not more than four years‘old. Russ. & Ry. 416. ) COMBUSTIO § DOMORUM, burmng of houses;-arson. Vide 4 BI. Com. 372.

pleading. Ina plea the defendant says, *‘ And the said C D, by E F, his attorney comes, and defends,” &c. The word comes, venit, expresses the appearance of the defendant in court.

a county. Most of the states are divided into counties; some, as Louisiana, are divided into ‘parishes.

: This word has several meanings. 1. It signifies an order; an apprentice 1s bound to obey the lawful command of his master; a constable may command rioters to keep the peace.—2. A

in conan te is undertakes without reward, something foranother in respect bailed. This term is freused synonymously with (q. v-) Ruth. Inst. 106; Analysis of the Civil Law, the ser

office. Persons to act in a certain matter; a matter was submitted to commission; there were several before the commission. 4 Cr. 850; 10 E. C. L. R,

crim. law, is the of an offence; as there of commission and crimes:

officer. One place of imprisonment, and not who has a lawful commission to exe- merely direct that the party be taken cute a public office; but in a more to prison. 2 Str. 934; 1 L

legislation. One or more members of a legislative body to whom is specially referred some matter before that body, in order that they may investigate and examine into it and report

civil law. This term is used to signify the act by The matters which are mixed are dry or liquid. In the eommixtion of the former, the matter retains its substance and individualit

contracts. A term used in the Scotch law, which is synonymous to the latin commodatum, or loan for use. Ersk. Inst. B. 3, t. 1, § 20; 1 Bell's Com. 225; Ersk. Pr. Laws of Scotl. B.

or right of common, in the English law, is an incorporeal hereditament which consists in «@ profit which a man has in the lands of another. Common is of four sorts j of pasture, pi

TENANTS IN, vide Tenant in common; Estate in common.

bancus communis. The court of common pleas was anciently called common bench, because the pleas and controversies there determined were between common persons.

construetion. The natural sense given to words. It isa rule that when words are used which will bear a natural sense andan artificial one, or one to be made out by argument and inf

The name of a court having jurisdiction generally of civil actions. Vide Common Bench.

ede Recovery.

persons, an abiding dwelling, or continuing as an inhabitant in any place. It consists properly m sleeping usually in any lace. COMMUNICATION contracts. Information;. consultation;

punishments, is the change of a punishment to which a person has been condemned fora less rigorous one. This can be granted only by the executive authority in which the pardoning p

contracts; inits more a contract between parties, which creates obligations and rights capable of being enforced, and contemplated as such between the parties, in their distinct an

French law. This is a general term, comprehending all persons who compose. the crew of a ship or vessel. Poth. Mar. Contr. n. 163.

chancery practice, is the performance of that which a court of chancery order to be done on relieving a party who has broken a condition, which is to place the opposite party in no

contracts, a ‘reward for services rendered.

contracts, in the civil law. When two persons are indebted to each other, there takes place a compensation between them, which extinguishes both debts. Compensation takes place of

evidence, is the legal ability of a witness to be heard on the trial of a cause. This term is also applied to written or other account books, and the like. Prima facie every person

crim. law, is the allegation made to a proper officer, that some person, whether known or unknown, has been guilty of a designated offence, with an offer to prove the fact, and a r

contracts. An agreement, made upon a sufficient consideration, between a debtor and creditor, by which the creditor accepts part of the debt due to him in satisfaction of the whole

of sound mind. These words are seldom used, they are the opposite to the words non compos mentis, (q- V-)

crimes, is the act of a party immediately aggrieved, who agrees with he return te him the goods stolen, or who takes a reward not to prosecute. This is an offence punishable by fin

The forcible inducement to do an act. Coercion, q: V.-)

Formerly when a person was accused of a crime, or sued in a civil action, he might purge himself upon oath of the accusation made against him, whenever the proof was not the most c

counting, calculation. It is used in the common law for the true and indifferent account and construction of time. For the computation of a year, see Com. Dig. Ann; of a month, Com

contracts, is the unlawful suppression of any fact or circumstance, by one of the parties toa contract, from the other, and which in justice ought to be made known. - _ Fraud clear

conveyancing; this is a latin word signifying I have granted. It was frequently used when deeds and other conveyances were written in latin; it had the effect of creating a covenan

practice. Making the last address to the, court or jury. The party on whom the onus proband: is cast has the conclusion.

remedies, an estopel; a bar; the act of a man by which he has confessed a matter or thing which he can no longer deny; as, for example, the sheriff is concluded by his return to a

estates, conveyances, practice, is an agreement or supposed agreement between the parties in levying a fine of lands, in which the detorenat (or he who keeps the other out of posse

This term has two different significations; sometimes it means a species of marriage which took place among the ancients, and which is yet in use in some countries. In this country

French law. It is the equality,of rights, or privie lege which several persons have over the same thing; as, for example, the right which two judgment creditors, whose judgments we

civil law, is a sentence or judgment which condemns some one to do, to give, or to pay something; or which declares that his claim or pretensions are unfounded. This word is also u

contracts, is a clause in an agreement, the validity of which depends upon a future or uncertain event. Dict. de Jurisp. Condition; Poth. Obl. p. 2, c.. 3, art. 1,§1. See 1 Bac. Ab

(POSITIVE,) zn contracts. A positive condition consists in the case where a thing that may or may not happen shall happen, as, if I marry. Poth. Obl. P. 5 Ce 3, art. 1; § 1.

(POTESTA-

(NEGATIVE,) contracts. A negative condition is that which consists in the case where something that may or may not happen, shall, as, if J do not marry. Poth. Obl. Pt. 2, c. 3, art

a term used in the canon law. It is a forgiveness by the husband of his wife, or by a wife of her husband, of adultery committed, with an implied shall be treated with conjugal kin

intern. law, is an agreement between two or more states or nations, by which they unite for their mutual protection and good. This term is applied to such agreement between two ind

crim. law, is an agreement between two or more persons to do an unlawful act, or an act, which though not unlawful in itself, becomes so by the confederacy. The technical term usua

gorernment, is the name given to that form of government which the American colonies, on shaking off the British yoke, devised for their mutual safety and government. The articles

practice, legislation. In practice, it is the meeting of the parties or their attorneys in a cause, for the purpose of endeavouring to settle the same. In legislation, when the sen

evid. A priest of some christian sects, who receives an account of the sins of his people, and undertakes to give them absolution of theirsins. The general rule on the subject of g

contracts, conveyancing. 1. A contract by which that which was voidable, is made firm and unavoidable. 2. A species of conveyance. ' 1. When a contract has been entered into by a s

A French word which signifies permission, and is understood in that sense in law. Cunn. Dict. h. t.

English law. This word is nearly obsolete. It is from the French congé, permission, leave; it signifies that a thing is done lawfully or with permission; as entry congeable, and th

contracts, wills, instruments. A term in gramor one proposition to another proposition. There are many cases in law, where the conjunctive and is used for the disjunctive or, and v

swearing together. It signifies a plot, bargain, or compact made by a number of persons under oath, to do some publicharm. In times of ignorance this word was used to signify the p

feudallaw. This term was used by the feudists to signify purchase.

French lax. The or severally make, during the conju, gal community. Thus whatever is acquired by the husband and wife, either by his or her industry or good fortune, enures to the

is an agreement to something proposed, and differs from assent, (q. v-) Wolff, Ins. Nat. part 3, § 1054. Consent is either express or implied. Express when it ig given viva voce, o

a preserver, a protector. Before the institution of the office of justices of the peace in England, the public order was maintained by officers who bore the name of conservators of

practice,is the judgment of the court. In pleadings where matters are determined by the court it is said, therefore it is considered and adjudged by the court, ideo consideratum es

contracts, in the civil law, is a deposit which a debtor makes of the thing that he owes into the hands of a third person, and under the authority of a court of justice. Poth. Obli

contracts, one to whom a consignment is made. When the goods consigned to him are his own, and they have been ordered to be sent, they are at his risk the moment the consignment is

contracts, is one who makes a consignment to another. When goods are consigned to be sold on commissions, and the property remains in the consignor; or when goods have been consign

or dies consilit, practice, a time allowed for the accused to make his defence, and now more commonly used for a day appointed to argue a demurrer.

ecclesiastical law. - A court which was formerly held among protestants, in some church in which the bishop presided, assisted by some of his clergy. It is now held in England, by

civil law, is the union of the usufruct with the estate out of which it issues, in the same person; which happens when the usufructuary acquires the estate, or vice versa. In eithe

oleate com. law. When a nume r of actions are brought on the same policy, it is the constant praccourt or a judge’s order, which restrains the plaintiff from proceeding to trial in

crim. law, torts. An agreement between two or more persons todo an unlawful act, or any of those acts which become by the combination injurious to others. Formerly this offence was

U.S. art.1,s.3,cl. 5. Vide 1 Kent, Com. 224; Story on the Const. § 726 to 730.

is an officer, enerally elected by the people. Fle possesses power, virtute officil, as a conservator of the peace at common law and by virtue of various legislative enactments; he

English law. The name of a certificate, which the clerk of the pipe and auditors of the exchequer make at the request of any person who intends to plead or move in the court for th

he who gives authority to another to act for him. The constituent is bound with whatever his attorney does by virtue of his authority. The electors of a member of the legislature a

in government, is the fundamental law of the state, containing the principles upon which the government is founded, persons each of these powers is to be confided, and the manner i

that which is consonant to, and agrees with the constitution. When laws are made in violation of the constitution, they are null and void: but the courts will not declare such a la

That which is interpreted. Constructive presence, in the commission of crimes, is when a party is not actually present, an eye-witness to its commission, but acting with others, is

government, commerce. Consuls are commercial agents, appointed to reside in the sea-ports of foreign countries, with a commission to watch over the commercial rights and privileges

practice, is a conference between the counsel or attorneys engaged on the same side of a cause, for the purpose of examining their case, and, if possible, removing the difficulties

Engl. law, is the name of a writ whereby a cause being formerly removed by prohibition out of an inferior court into some of the king’s courts in Westminster, is returned thither a

crim. law, are diseases which are capable of being transmitted by mediate or immediate contact. It is indictable at common law unlawfully and injuriously to expose persons infected

estates, is a use limited in a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use. A contingent us

practice. The adjournment of a cause from one day to another is called a continuance, an entry of which is made upon the record. If these continuances are omitted, the cause is dis

mar. law, in its most extensive sense means all commerce which is carried on contrary to the laws of the state. The term is usually applied to that commerce which is so carried on

One who enters into a contract: this term is usually applied to persons who undertake to do public work, or the work for a company or corporation ona large scale, at a certain fixe

crim. law, counterfeiting, imitating. In the French law contrafaction (contrefacon) is the illegal reprinting of a book for which the author or his assignee has a copy-right, to th

pleadings. Against the peace. In actions of trespass, the words contra pacem should uniformly accompany the allegation of the injury; in some cases a foreign country cannot be sust

French luw, is the act which violates the law, a treaty or an agreement which the party has made. The Penal Code, art. 1, denominates a contravention that infraction of the law whi

civil law, is said of the partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his property, proportionably to the amount of their respec

contracts. When two or more persons jointly owe a debt, and one is compelled to pay the whole of it, the others are bound to indemnify him for the payment of their shares, the inde

obsolete. One who invents false news. 2 Inst. 227.

civ. law, As among the Romans slaves had no civil state, their marriages although valid according to natura] law, when contracted with the consent of their masters, and when there

civ. law, one accused of a crime who refuses to appear and answer to the charge. An outlaw.

med. jurisp. An injury or lesion, arising from the shock of a body with a large surface, which presents no loss of substance, and no apparent wound. If the skin be divided the inju

one who knows, as if a party knowing of an agreement in which he has an interest, he makes no objection to it, he is said to be conusant. Co. Litt. 159.