A New Law Dictionary and Glossary

Lat. [from conducere, to hire.] In the civil law. A hirer. Inst. 8. 25. pr. & 5, 6. 2 Kent's Com. 686, note. Conductor militum; a presser of soldiers. Cro, Car. 71.

Lat. [horn conducere, to hire.] Hired. Res conducta; conductum; a thing hu-ed. Bract, fol. 62.

[Cone or colne, Sax. an account.] A phrase (partly Saxon, or early English,^ used by Bracton in describing the privileges which a certain age gave a female in his time. Femina in t

Confexi(m. L.Fr. In old English law. A, or the making or execution of a written instrument. Britt. c. 28. Confeccion d'la chartr'; the making of the charter. Id, c. 93.

Lat. [from conficere, to make; L. Fr. confeccion.] In old English law. A, or the making or execution of a charter, deed or other written instrument. Bract, fol 39 b, 398. Plowd, 10

[Lat. confederatio.l A combination between two or more persons to do any hurt or damage to another, or to do any unlawful thing.* Termes de la ley.

Lat. A confession. Confessio injudicio; a confession made in, or before a court. €o Dressi« facta in jadici« oami pr«batione najor cat. A confession made in court is of greater eff

In pleading. The admission of the truth of a statement of fact contained in the pleading of the opposite party, coupled with the allegation of a new fact, which obviates or repels

Lat. In the civil law. An action for enforcing a servitude. 1 Macheld, Civ, Law, 852, § 821. Hemecc. El, Jut, Civ, lib. 4, tit. 6, § 1185. See Actio confessoria,

Lat. [from con, together, wadfacere, to make.] In old English law. To make or execute, as a deed or other written instrument. Confidendus; to be made. Towns. PI, 97. Confectus; mad

See Privileged communication,

See Confirmare, Confirma- Hon,

Lat. [from con, together, and firmare, to strengthen.] In old English law and conveyancing. To confirm; to make firm, or strong, (Jirmum facere; Liti, sect. 520); to give additiona

Lat. [from confirmare, q. v.] A confirmation. Confirmatio est prioris juris et dominii adeptifirmatio, cum prima firmitate donationis; nihil enim novi attribuit, sed jus vetus cons

[Lat. confirmatio, q. v.] A conveyance of an estate or right in esse, whereby a voidable estate is made sure and unavoidable, or whereby a particular estate is increased [and enlar

Lat. [from con, with, and fiscus, treasury; properly used only in the passive, confiscariT] To confiscate; to claim for, or bring into the fisc, or treasury, {fisco vendicare.) Bra

[Lat. confiscatum, confiscata.] Confiscated; forfeited to the treasury or exchequer of the king or state; seized as forfeited. Termes de la ley. Staundf. Pl. Cor. lib. 3, c. 24. Co

The act of condemning and adjudging to the public treasury. Webster. — The appropriation (usually by formal sentence of condemnation,) of private property to the use of the state;

[Lat confiictus legum.] In international law. The opposition between the municipal laws of difllerent countries or states, in the case of an individual who may have acquired rights

Fr. In old English law. A fraternity, brotherhood or society. Comll

[Lat. co»/ra<m.] Brethren in a religious house; fellows of one and the same society. Stat, 32 Hen, YIII. c. 24. Cowell.

Lat. [from confundere, to poor together.] In the civil law. Confusion; a pouring or fusing together; a mixture of liquids or metals. Inst, 2. 1. 27. One of the modes of acquiring p

In the common law. The intermixture of the goods of two persons, so that the several portions can be no longer distinguished. 2 BL Com. 405. The term and, in a great degree, the do

In the civil and common law. The blending or union of the characters of debtor and creditor in the same person; the union of the obligation of the debtor with the right of the cred

Fr. [from conge, leave, or permission.] In old English law. That which is done with leave; lawfully done; lawful. L'entry est congeable; the entry is lawful. Litt. sect. 693 — 695.

Lat. Fellow members of a gild. Spelman, yoc. Geldum. See Gild.

Lat. An ancient measure containing about a gallon and a pint. CoioelL Blount Cart Edmundi Begis, A. D. 046, cited ibid.

In American law. The national legislature of the United States, consisting of the Senate and House of Representatives. 1 Kent's Com. 221, et seq.

Lat. In the Roman law. The statement of a cause or case. The introductory part of an advocate's argument; answering nearly to the modem term opening.^ Adam's Bom. Ant. 265.

Lat. In the civil law of evidence. A slight degree of credence, arising from evidence too weak or too remote to produce belief. Best cm Presumptions, 13, note. Bationabile vestigiu

Lat. [from con, together, and judex, a judge.] In old English law. An associate judge. Bex tali et conjudxcibus suis salutem; the king to such a judge and his associates, greeting.

See Bestitu- Hon of conjugal rights.

[from Lat. conjunctus.^ In Scotch law. Joint. Ersk. Inst b. 8, tit. 8, § 34, et seq.

Lat. Jomtiy. Inst 2. 20. 8. Bract fol. 10. More closely rendered by the Scotch conjunctly. 2 Karnes' Equity, 202. Conjunctim tenens; a jomt tenant. Beg. Jud. 12 b. •

Lat. Jointly and severally. Braetfol. 19. Dyer, 62 a. Yelver Um, 203. 2 Crahb's Beal Prop. 692, § 1974.

Lat [from con, together, and jurare, to swear.] To swear together; to combine or confederate under oath.

Lat. {{lom eot^u Tean, q. y.] In old English law. A swearing together; an oath administered to several together; a combination or confederacy under oath. Cowelt Blount. Tomlins.

[Lat. conjuratio.] In old English law. A plot or compact made by persons combining by oath to do any public harm. Cowcll. The offence of having conference or commerce with evil spi

CONJURATUS. Lat. grom cof^urare, q.v.] In old English law. ne who swears or is sworn with others; one bound by oath with others; a compurgator; (L. Fr. conjurour.) Britt. cc. 27, 1

Fr. [Lat. Kter« recognitionis,'] In French maritime law. A bill of lading. Jacobsen's Sea Laws, 172.

Lat. [from con, together, and nubere, to marry.] In the civil law. Marriage; a mutual submission to the marriage ceremony. Cooper's Justin. Inst. Notes, *420. One of the names of l

Lat. Jn modem civil law. A; 1 Mackeldey's Civ. Law,2ib^ §236.

Fr. In Norman and old English law. The first purchaser of an estate; he who first brought an estate into his family. Grand Const. Gloss. c. 26, p. 40. 2 Bl. Com. 243. Id. 48. Le pr

[L. Fr. conquereur; L. l Ai. conguastor, conqui8itor,f]i\\^ In old English law. The first purchaser of an estate; he who brought it into the family owninff it. 2 BL Com. 242, 243.

Lat. In old pleading. I complain. Conqueror quod talis mihi injuste detinet — ialem rem; 1 complain that such a one unjustly detains from me such a thing. An old form of declaring.

[L. Lat. eonquastus, conqut Mtio.l In feudal and Scotch law. Purchase or acquisition; any means of acquiring an estate out of the common course of inheritance. Craig de Jur, Feod.

Lat. [from conquaerere, q. v.] In feudal law. Acquisition. 2 Bl. Com. 242. See Conquaestus, Conquest.

Lat [from conqucsrere, q. v.] In feudal law. A purchaser, acquirer or conqueror. 2 BL Com. 242, 248. C0NSANGUINEU8. Lat [from con, together, and sanguis, blood.] In old English law

Lat. [from con, together, and qucerere, to seek or gain.] To acquire. In classical Latin, conquirers. CONQU^STOR. L. Lat. [from conquarere, q.v.] Conqueror. The title of William I.

Lat. In feudal law. A brother by the father's side, as distinguished from frater uterinus, a brother by the mother's side. 2 Bl, Com, 231.

[Lat. consanguinitas, from consanguineus, (q. v.); cognatio, from con, together, and natus, born.] Connexion of blood. Kindred or alliance in blood. 2 Bl. Com. 202. Relation by blo

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

Fr. In old English law. A counsellor. Conseillers ou countours; counsellors or countors. Britt, c. 52.

In civU law. A contract formed by the mere consent {consensu St) of the contracting parties; such as marriage. Potkier Contr. of Sale, part 1, sect. 1. Hallifax Anal, b. 2, ch. 18.

Lat. [from consentire, to think together, to be of the same mind.] Consent. Bract, fol. 15 b, 16. Consensus est voluntas multorum ad quos res pertinet, simul juncta^ Consent is the

[Lat. consensus, from consentire, to think together.] A concurrence of wills. Pothier, Contr. of Sale, part 2, sect. 1, art. 3. See Consensus. Consent is an act of reason, accompan

Lat. [from con, together, and sentire, to think.] To consent; to think with another; to have, or be of the same mind; to agree to, or with.* lT«a e«B«entlt %u% errat. He who errs d

In practice. A stipulation in the form of a rule, which a defendant in an action of ejectment enters into at the time he enters an appearance, in which he specifies for what premis

Damages following an act, but not the direct and immediate result of it.* 3 Bl. Com, 1 68. 3 Steph. Com, 462.

In Scotch law. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry it on is implied. 1 Kames' Equity, 2

Lat. [from cmservare, to preserve.] A protector, preserver or maintainor. Whishaw, Se6 infra. An arbitrator, or umpire. Kennett's Par, Ant, 513. Cowell.

[Lat. conservator vel custos pads."] A preserver or keeper of the public peace. There were formerly, in England, two kinds of conservators of the peace; (1), those who had this pow

[h Bi.consideratio, causa; Fr. cause.'] In the law of contracts. The material cause of a contract, without which no contract is binding. Termes de la ley. Cowell. Dyer, 336 b. Plow

Lat. (It is considered.) In practice. The style of judgments in actions at law, [or the emphatic words in which they were entered on record,] implying that the judgment is not that

Lat. It is considered. Held to mean the same with consideratum est. 2 Stra. 874. CONSIGN [from Lat. consignors, to seal.] In mercantile law. To send or transmit goods to a merchant

In mercantile law. The person to whom goods are consigned, shipped or otherwise transmitted for sale.* 2 ICenfs Com. 640. 3 Id. 207, 216, 221. Tomlins.

In mercantile law. The transmission of goods to a consignee for sale. 3 Ken Cs Com. 216. In mercantile usage, the goods themselves.*

In mercantile law. The person by whom goods or merchandise are consigned or shipped; the shipper. 2 Kent's Com. 643. 3 Id. 207, 215. Abbott on Ship. [326] 403.

Lat. [from consilium, q. v.] A counsellor or councillor. Consiliarius vel advocatus; counsellor or advocate. Bract, fol. 185. Consiliarius et peritus in lege; counsellor and learne

Lat. Counsel; advice. Pro consilio impendendo; for counsel to be given. Dyer, 162 a. Pro consilio impen- 9o; for counsel given. Id. 65 a. Conailia multorwn requiruntur in magnis; t

Lftt. (In a like case.) In old English practice. The name of a writ of entry which lay where a tenant by the curtesy, or tenant for life, aliened in fee, or in tul, or for another'

Lat. The state council of the Roman emperors. 1 Macheld. Civ, Law, 39, § 49. A consistory, (q. v.)

[Lat. consistorium.] A session, assembly or council of ecclesiastical persons. Blount. The highest council of state in the papal government. Encycl. Amer. A spiritual court; otherw

In English ecclesiastical law. A court held by every diocesan bishop in their several cathedrals, for the trial of all ecclesiastical causes arising within their respective diocese

Consobrinct. Lat. In the civil law. Cousins german, in general; brothers' and sisters' children, considered in their relation to each other. Consobrinue, a male cousin. Coneohrina,

Ital. [Fr. consulat de la mer.] The consulate of the sea. The title of a collection of European sea laws, now generally considered the most ancient extant. As to its origin, differ

The great public fund of the United Kingdom of ureat Britain and Ireland, comprising the produce of customs, excise, stamps, and several other taxes, added to some small receipts f

\ha,i. consolidatioA In ecclesiastical law. The combination and union of two benefices in one. Stat 37 Hen. VIII. c. 21. Cowell, voc. Union. In the civil law. The union in the same

In practice. The combination of several actions into one; or of several causes of action of the same nature in one declaration.* If two or more actions at law be brought by the sam

In practice. A rule made, on application of the defendants, and with the consent of the plaintiff, where several actions are brought on the same policy of insurance, by which the p

Lat. [from consors, a partner, from con, together, and sors, a lot.] In the civil law. A union of fortunes; one of the names of lawful marriage. Cooper's Justin. Inst. Notes, *420.

[Lat. conspiratio.] In criminal law. An agreement or combination between two or more persons, falsely to indict, or procure the indictment of another. This is the meaning of the te

See De Conspiratione.

Persons guilty of the offence of conspiracy. Defined by the statute 88 Udw. I. st. 2. 2 Reeves' Hist. Eng, Law, 242. See Conspiracy.

22, C. 4. 35 — that is, the 22d constitution Code, book 4, tit. 35. Sometimes more simply:—CW. 4.35. 22.

[Fr. connestable; L. Lat. constahularius, constabulus, conestabulus, q. v.] A public civil ofl&cer, whose proper and general duty is to keep the peace within his district, though h

A hiffh officer of state, established in England on the Norman Conquest, whose duties partook both of a military and civil character. He was at the same time commander in chief of

[L. Lat. constabularius castelli.] In English law. An officer having charge of a castle; a warden, or keeper; otherwise called a castellain. Spelman, voc. Constabularius. Bract. fo

[L. Lat. constabularius Anglice; L. Fr. constable d'Ang Uterre,] Called also LORD HIGH

Lat. In English law. 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 that court for the di

Fr. The constitution or appointment of an attorney. Britt, c. 126.

[L. Lat. constituens.] One who appoints or constitutes. The person appointing an attorney in fact is called his constituent. See Reg. Orig. 20, 21.

Lat. To constitute or appoint. Constituimus (we have constituted, or appointed,) was the emphatic word in the ancient commissions of the Djes in England. Bract, fol. 109 — 111. To

Lat. [from constituere, to establish.] In the civil law. An imperial ordinance or constitution, distinguished from Lex, Senatus-consultum, and other kinds of law, and having its ef

Lat. In old English law. An act, ordinance or statute; an establishment. Stat. Marlbr. c. 11. Stat. Westm. 1, pr. Stat, de Bigamis, pr. Bracton calls the statute of Merton, constit

[Lat. constitutio.] Establishment; appointment. See Constituere. An established form of government. 1 Bl. Com. 50. 1 Sleph. Com. 32. A system of fundamental rules, principles and o

Lat. [from constituere, to undertake or engage.] In the civil law. A promise or undertaking, (called pactum praetorium,) without any preceding stipulation, to pay money due either

Lat. Construction, (q. v.) Constructio legis non facit injuriam. The construction of the law [a construction made by the law] works no injury. Co. Litt. 183. Broom's Max. 259. The

[Lat. constructio, from construere, to frame or put together.] Interpretation; explanation; the manner of understanding the arrangement of words or of understanding facts. Webster.

Made out or deduced by construction; implied, inferred, construed or interpreted by law; as constructive fraud, constructive notice, <fec. The opposite of formal, actual, positive