A New Law Dictionary and Glossary

Lat. The common council of the realm. One of the names of the English parliament. 1^^. Com, 148.

Lat. A common or mutual bond. Applied to the common stock of consanguinity, and to the feodal bond of fealty, as the common bond of union between lord and tenant. 2 Bl. Com. 250. 3

[plur. of communis, q. v.] Lat. In old English law. Common things, res communes. Such as running water, the air, the sea and sea shores. Bract, fol. 7 b.

Lat. In old European law. Communities. Towns enfranchised by the crown, in most of the feudal kingdoms of Europe, about the twelfth century, and formed into free corporations, by w

Lat. [from communis, common, or according to Bracton, from cum, with, and una, together; una cum aliis.^ Common. Brctct. fol. 222. Communia pastures, common of pasture. Id. ibid. R

Lat. In old English law. Common pleas or actions; those between common persons, i. e. between one subject and another, as distinguished from placita coronae, pleas of the crown, or

Lat. In ordinary years; one year with another; on the annual average. 2 BL Com, 322.

Lat. In old English law. To common; to enjoy the right of common. Cowell, voc. Communance,

Lat. In old English law. To common. Bract, fol. 229 b. Communicantes; commoners. Id. ibid.

Lat. In the civil law. The name of an action brought for dividing a common property. Inst. 4. 17. 5. Big. 10. 3. Story on Fartn. § 352.

Lat. Common. Communis rixatrix; a common scold. 4 Bl. Com. 168. Communis scriptura; a common writing, or writing common to both parties; a chirograph. Olanv. lib. 8, c. 1. Communis

Lat. A common error; an opinion or practice which has commonly been held or observed, though originally perhaps without adequate foundation in law.* Cowma Bis error facit ja«. Comm

Lat. Common opinion; general professional opinion. According to Lord Coke, common opinion is good authority inlaw. Co. Litt. 186 a. See Acom Hiaiii •bserramia mod est rccedendnm. B

Lat. [from communis.] In old English law. A community, company or society. Towns. Pl. 18.

Lat. The general assembly of the kingdom of England. One of the ancient names of the English parliament. 1 Bl. Com. 148. Accordmg to Cowell, it signified the barons and tenants in

[from commutare, to change or exchange.] In the civil law. A contract in which the intention of each of the parties is to receive as much as he gives, [or an equivalent for what he

[L. Lat. companagium, from cum, with, and pants, bread.] In old English law. Any meat, or other edibles, to be eaten with bread. Cowell. Quicquid ci^i cum pane ^tfmtfur. Spelman, y

Lat. Companage, (q.v.) Spelman.

Lat. Comparison of writings, or handwritings. Bel Vs Contr. of Sale, 69. See Collaiio signorum, Comparison of Jvands.

Lat. \L.¥x. comparer, compoir.] In old English practice. To appear; closely rendered in the Scotch law, to compear, Comparet; he appears. Bract. fol. 334 b. Comperuit; he appeared.

In the law of evidence. A mode of proving a handwriting or signature, by comparing it with another, in order to ascertain whether both were written by the same person.* In England,

Lat. [from compasci, to feed together.] Belonging to commonage. Jus compascuum; the right of common of pasture. See Common,

Lat. In the canon law. A kind of spiritual relationship (cognatio sjnritualis) contracted by baptism. Heinecc. Elem. Jur. Civ. lib. 1,.tit. 10, § 161, note. Bract, fol. 298 b. One

In Scotch law. To appear. 1 Forbes* Inst, part 4, b. 2, ch. 2. tit. 2. Very literally formed from the L. Lat. comparere, (q. v.)

Lat. [from compellare, to accuse.] An accuser or adversary. Whishaw.

In the civil law. Compensation, or set-off. A proceeding resembling a set-off in the common law, being a claim on the part of the defendant to have an amount due to him from the pl

Lat. (Setoff of crime or guilt.) In practice. The plea of recrimination in a suit for a divorce; that is, that the complainant is guilty of the same kind of offence with which he o

In the Scotch law. Set-off. I Kam£s' Equity, 395,396. 2 Id. 101.

Lat. [from comperire, to discover.] In the civil law. A judicial inquest made by delegates or commissioners, to find out and relate the truth of a cause. Kennett's Par. Ant. 575. C

Lat. (He appeared at the day.) In practice. A plea in an action of debt on a bail bond, that the defendant appeared at the day required, by putting in bail, according to the condit

[L. Lat. campostare.] To manure. Co. Litt. 122 a.

Lat. In the civil and common law. To be proper, as a legal remedy; to lie, as an action. Actio ei competit; an action lies for [may be maintained by] him. Inst. 4. 1. 13. Bract, fo

Capability, admissibility. Applied to witnesses, to signify legal ability to be received and examined on the trial of a cause. 3 Bl. Com. 869. Propriety or sufficiency as a legal r

[LaI. querens.] In practice. One who complains of another by mstituting legal proceedings against him. The actor, or party suing in equity, answering to the plaintiff (which has th

Lat. In old practice. Fullness of justice; full justice. Beg. Grig. 88, 89.

Lat. [from componere, to put together, or frame.] A putting together, or making up; an agreement, composition or satisfaction. See Composition. A statute or ordinance. See infra.

Lat. The ordinance of measures. The title of an ancient ordinance, not printed, mentioned in the statute 23 JJ<?». VlII. c. 4; establishing a standard of measures. 1 BL Com. 275. C

An agreement between debtor and creditor, by which the latter agrees to discharge the former oa payment of a certain sum.* See C S. Dig. dt Supplement, Composition. In English eccl

In old European law. A sum of money paid among the early barbarous nations of Europe, as satisfaction for an injury, either to the person offended, when capable of receiving it, or

[plur. compotes mentis.] Lat. In possession of one's mind, or mental faculties; of sound mind. 4 Bl. Com. 25. 2 Kent's Com. 451.

Lat. Having the use of one's limbs, or the power of bodily motion. Si fait ita compos sui quod itinerare potuit de loco in locum; if he had so far the use of his limbs as to be abl

Incriminal law. The offence of taking a reward for forbearing to prosecute a felony. As where a party robbed takes his goods again, or other amends upon an agreement not to prosecu

In old English law. The surreptitious printing by one bookseller of another's copy, to make gain thereby, and which is not only contrary to the common law, but is also forbidden by

Lat. In the civil law. Children by a former marriage, (individually called privigni, or privignat,) considered relatively to each other. Thus, the son of a husband by a former wife

[Lat. compromissum, q. v.] A mutual agreement between two or more persons at difference, to put an end to such difference upon certain terms agreed upon. Whishaw. A mutual agreemen

Lat. [quasi wnpromissum, a mutual promise.] In the civil and canon law. A submission to arbitrators. 4 Reeves' Hist. Eng. Xaw, 13, and note (p). Hence the modem term compromise, (q

Properly CON-

[L. Lat. contrarotulator: L. Fr. contrerouleur,'] In old English law. An officer who took notes of any other officer's accounts or receipts, to the intent to discover him if he dea

Lat. [from con, together, and purgare, to purge or clear.] In old European law. One who purged another from an accusation or charge, by swearing with, or after him, that he believe

[Lat. computatic] The account and construction of time by rule of law, as distinguished from any arbitrary construction of parties; as of how many days a month shall consist; on wh

See Cwnpuius.

(sometimes written COM-

Fr. [Lat. comes.] Count. A title of office in the ancient law of France, denoting a governor of a particular territory or district, who united the characters of a military leader a

[L. Lat. concelatores; from concelando, says Cowell, by antiphrasis; because they did the reverse bf concealing.] In old English law. Detectors or discoverers of concealed landa Pe

The suppression or keeping back of a fact or circumstance privately known to one of the parties to a contract, either through inadvertence or mistake, or intentionally in order to

Lat. To grant. Cuicunque aliquid conceditur, conceditur et id sine quo res ipsa non esse potuit. To whomsoever any thing is granted, that also is granted without which the thing it

Lat. I grant. An emphatic word in Anglo-Saxon grants of land. ireminff,l5S, 215, 228.

Lat. To conceal. Concelata; concealed. Bract, fol. 70 b. Concelamentum; concealment. Stat Westm. 2, c. 39.

Lat. (Found.) In the civil law. A theft (furtum) was called conceptum, when the thing stolen was searched for, and found upon some person in the presence of witnesses. Inst, 3. 1.

CONCESSIT. Lat. (I have granted — he has granted; from concedere, to grant.) Words anciently of frequent use in conveyances, being the emphatic and essential words in grants, prope

Lat. [from concedere, to grant.] A grant. One of the old common assurances, or forms of conveyance, being properly of things incorporeal, which cannot pass without deed. Co. Litt.

Lat. [from concedere, to grant.] A grantor. Toums. PI, 35.

Lat. [from concedere, to grant.] Granted, or allowed. A term of frequent occurrence in the old reports, denoting the assent of the court to a doctrine or position laid down on the

Lat. [from concedere, to grant.] A grantee. Towns, PL 85. ConcessuB per literae patentee; a patentee. Id, 40.

Lat. [from concilium.'] A council house. Toums, PI, 184.

Lat. In old English law. A council. Concilium regis privatum; the king's privy council; called also concilium continuum^ (perpetual council) and concilium secretum regis, (the king

CONSILIUM. L. Lat. In English practice. Argument; or the sitting of a court to hear argument. Dies concilii; a day to hear the counsel of both parties in court. Ulterius concilium;

Lat. A discourse or sermon. Towns, PI, 212.

Lat. A common council man; a freeman called to [a legislative] hall or assembly. Cowell,

[Lat. concludere, from con, together, and claudere, to shut.] To determine, finish, shut up, [or close.] Co. Litt, 37 a. To estop or bar a man to plead or claim any other thmg. Id,

[Lat. conclusio, from eoncludere, to conclude.] An estoppel or bar, arising from some previous act or admission of a party. See Conclude. An inference or deduction of law. An end o

In pleading. The tender of an issue to be tried by jury. Steph. Plead. 230. The peculiar conclusion of pleadings by way of traverse or denial; expressed on the part of the defendan

[Lat. concordia; L. Fr. peez.'] In old practice. An agreement between two or more, upon a trespass committed, by way of amends or satisfaction for it. Plowd. 5, 6, 8. The more mode

Lat. In old practice. Agreed, as a jury upon their verdict. In dicendo veredictum suum, aut omnes Concordes suntf aut quidam Concordes et quidam discordes; in deliveriog their verd

Lat. An agreement or concord. See Concord. CONCORDIA DISCORDANTIUM

See Concurrence.

\IM. concubinatus.] The cohabitation of a man with a woman to whom he is not united by marriage.* A plea or exception in the old action of dower, that the claimant was not lawfully

In the civil law. A species of marriage, or rather a half, or semi-marriage, (Lat. semi-matrimonium; Gr. ^^yttfjiog,) authorized by law. Shelf ord Marr. <k Div, 10. Cooper's Justin

[Lat. concubina, from concumbere, to lie together.] A woman with whom a man cohabits without marriage, as distinguished from a lawful wife. Where a man had a bastard son, and after

In the civil law. A woman taken to cohabit in the manner, and under the character of a wife, but without being authorized thereto by a legal marriage. Shelf ord Mart. A Div. 10, an

Lat. In old English law. To trample down, or tread under foot. Conculcavit et consumpsit; he trod down and consumed. Meg. Orig, 94.

Lat. In the civil law. A co-curator, or co-guardian. Inst. 1. 24. 1.

[Lat. cancursus, q. v.] In the civil law. A term applied to actions where two or more meet in, or may be brought by one and the same person. 1 Mackeld. Civ. Law, 196, § 198. It has

Lat. [from con, together, and currere, to run.] In the civil law. To run together; to meet; to be equally available for attaining a certain object; to concur.* Traditum est, duas l

Lat. [from concurrere, q. v.] In the civil law. A running together; a meeting or concurrence. Concursus actionum; concurrence or concourse of actions. Inst. 4. 7. 5. Id. 4. 3. 11.

In international law. The sentence of a court of competent jurisdiction, that a ship or vessel taken on the high seas was liable to capture, and was legally captured. Chitty's Law

In practice. The damages which the party failing in an action is adjudged or condemned to pay; sometimes simply called the condemnation. 8 BL Com. 291. It answers to ihejudicatum o

Lat. An old form of condemnare, to condemn. Bract, foL 128.

Lat. To make or establish. Testamentum condere; to make a will. Bract. fol. 60 b. Condidit; he made (a will). The name of a plea in the English ecclesiastical courts.

Lat. [from condicere, to summon; denuntiare,] In the civil law. A personal action; an action against the person, in which the plaintiff complains that something ought to be given t

Lat. In the civil law. An action which lies upon a promise to do a thing, where such promise or stipulation is certain, (si certa sit stipulatio.) Inst, 3. 16. pr. Id. 3. 15. pr. D

Lat. In the civil law. A personal action, arising from a particular law. This had place when an obligation had been introduced by a new law, and no particular action had been expre

Lat. A condition. Bract. fol. 19, 47, et passim. See Condition, Conditio benejicialis qua sUUum construit, benigne, secundum verborum intentionem est interpretanda; odiosa autem, q

A fee restrained in its form of donation to some particular heirs, exclusive of others; as to the heirs of a man's body, by which only his lineal descendants were admitted, in excl

A species of limitation of an estate, partaking of the nature of a condition. 4 Ken Vs Com, 127. As if a condition subsequent be followed by a limitation over to a third person, in

In the civil law. A stipulation to do a thing upon condition, as the happening of any event. Sub conditione stipulatio fit, cum in aliguem casum differtur obligaiio. List. 3, 16. 4

[Lat. condonatio, from condonare, to forgive.] In ecclesiastical law. Forgiveness. The forgiveness by a husband or wife, of a breach of marital duties on the part of the other, as

Lat. In the civil law. An action which the hirer {conductor) of a thing might have against the letter, (locator.) Inst. 3. 25, pr. 2. Heinecc, Elem. Jur. Civ, lib. 3, tit. 25, § 92

Lat. [from conducere, to hire.] In the civil law. A hiring. Used generally in connexion with the term locatio, a letting. Locatio et conductio, (sometimes united as a compound word

In English practice. Money paid to a witness who has been subpcenaed on a trial, sufficient to defray the reasonable expenses of going to, staying at, and returning from the place