A New Law Dictionary and Glossary

Fraud inferred by law, as distinguished from positive, actual or intentional fraud: fraud in law, as distinguished from fraud in fact. 2 Kent's Com. 615, et seq. See Fraud. By cons

Larceny made out by construction, or inferred from the acts of a party, where the taking itself was not apparently felonious; as where he obtained the delivery of the goods animo f

Notice inferred by law, as distinguished from actual or formal notice; notice in law; that which is held by law to amount to notice. Actual notice to a party's attorney is construc

A trust raised by construction of law, or arising by operation of law, as distinguished from an express trust; a trust implied or inferred from circumstances; otherwise called an i

Lat. [from consuetudo, q. v.] In old English law. A ritual or book, containing the rites and form of divine offices, or the customs of abbies and monasteries. Whishaw.

Lat. [pi. of consttetudo, q.v.] Customs. Magna Charta, c. 29.

Lat. (The customs or customary laws of fiefs.) The title of the Book of Fiefs; usually annexed to the Corpus Juris Ci* vilis. 3 Kent's Com. 496. CONSUETUDINIBUS ET SERVI-

Lat. [from consu Ure, to consult.] In old English law. An ancient title of an earl. Comites — qui etiam did possuni consules, a consulendo, reges enim tales sibi assodant ad consul

In commercial and international law. A public agent, appointed by a government to reside in a foreign country, (and usually in sea ports,) to watch over its own commercial rights a

Lat. [L.Yr. counseille.] In old English law. Provided for. Applied to a church that was full. Cowell.

In English practice. A writ, in the nature of a procedendo, whereby a cause, being removed by prohibition out of the ecclesiastical court to the king's court, [i. e. to one of the

Completed; as distinguished from initiate, or that which is merely begun. The husband of a woman seised of an estate of inheritance becomes, by the birth of a child, tenant by the

Fr. A contest, dispute, disturbance, opposition. Britt, c. 42. Kelham, Conteckours; brawlers; disturbers of the peace. Britt. c. 29.

Lat. Contemporaneous exposition, or construction; a construction drawn from the time when, and the circumstances under which the subject matter to be construed, as a statute or cus

[Lat. contemptus.l In practice. A disobedience to the rules, orders or process of a court of justice, or a disturbance or interruption of its proceedings.* 4 Bl, Com. 285. Contempt

See Con Unementum,

Lat. [from con, together, and tenementum, a tenement* or thing holden; L. Fr. contenance.] In old English law. A contenement; that which is held together with another thing; that w

In English ecclesiastical law. That branch of the jurisdiction of the ecclesiastical courts, which is exercised upon matters in controversy between parties, as brought before the c

Lat. In the civil law. Contestation of suit. A narrative of the controversy made by both the parties to a suit before the praetor, including the plaintiff's statement of his claim,

Lat. [from cantinere, to hold together.] In old English practice. Continuance or connexion. Applied to the proceedings in a cause. Bract, fol. 362 b.

[from Lat. conlingere, to happen.] An event that may or may not happen; a possibility. CONTINGENCY WITH A DOUBLE

An estate which depends for its effect upon an event which may or may not happen; as an estate limited to a person not in esse, or not yet born. 2 Crabb's Real Prop. 4, § 946.

A legacy given to a person at a future uncertain time, that may or may not arrive; as "at his age of twenty-one," or "if," or "when he attains twenty-one." 2 Bl. Com. 513. 2 Steph.

A remainder limited to take effect either to a dubious and uncertain person, or upon a dubious and uncertain event, (and by which no present interest passes,) so that the particula

A use limited to take effect upon the happening of some future contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them. 2

Lat. To touch; to be connected with, or akin to. Qui sese non contingunt; who are not of kin to each pther. Bract, fol. 28 b.

[L. Lat. eontinu.um clameum,'] In old English law. A formal claim made by a party entitled to enter upon any lands or tenements, but deterred from such entry by menaces, or bodily

Lat. (By continning.) In old pleading. A word formerly used in a special declaration of trespass, where the plaintiff would recover damages for several trespasses in the same actio

Lat. [L. Fr. eantre, conter,'\ Against, in opposition to, contrary to; on the opposite side; the contrary. A term constantly used in the reports to denote the opposition of counsel

[from Lat. contra, against, and L. Lat. bannum, Ital. bando, an edict or proclamation.] Against law or treaty; prohibited.* Goods exported from, or imported into a country against

In international law. Goods which neutrals are prohibited from carrying during war to the belligerent parties; or which a belligerent has, by the law of nations, the right of preve

Lat. Against good morals. Hob, 167.

[Lat. contractus, from contrahere, to draw together.] An agreement, upon sufficient consideration, to do or not to do a particular thing. 2 Bl, Com, 442. Otherwise variously define

The shortening or drawing together of a word by the omission of one or more letters, and sometimes of a syllable. This was a peculiar feature of the ancient court hand (q. v.) in w

A contract by which one of the contracting parties, called the seller, enters into an obligation to the other, to cause him to have freely by a title of proprietor, a thing, for th

Lat. [from contrahere, q. v.] A contract. See Contract. Coatracta* ex Carpi caasa, rel coacra baaaa aiorea aalla* est. A contract founded on a base consideration, or against good m

Lat. In old English law. To oppose; to refuse; to contradict. Reddere contradidt; refuses to return. Reg. Orig. 92 b.

Lat. [L. Fr. contrefaire.] In old English law. To counterfeit, or imitate. 2 Ld. Raym. 1469. Usually written contrafacere, (q. v.)

Lat. A counterfeiting. Cowell. Blount. Properly controfactio. See Controfacere, Controfactura.

L. Lat. (Contrary to the form of the feoffment.) In old English law. A writ that formerly lay for a tenant, or his heir, enfeoffed of certain lands or tenements by charter of feoff

Lat. (Against the form of the statute.) In old pleading. A phrase used at the conclusion of indictments laid on an offence created by statute, and of declarations on penal statutes

Lat. [from con, together, and trahere, to draw.] To contract, to draw together; to engage or assume a liability to or with another. Qui cum alio contrahit vel est vel debet esse no

Lat Against common right or law; contrary to the rule of the common law. Bract, fol. 48 b. Contra non valentem agere nnlla cnrrlt prMMrlptio. Against one who is unable to act no pr

Lat. [from contra, against, and mandare, to command.] In old English law. To command against; to make an order contrary to a former order; to countermand.* St dies placiti sit cont

Lat. [from contramandare, q. v.] A countermanding. Contramandatio placiti, in old English law, was the respiting of a defendant, or giving him further time to answer, [by counterma

Lat. Against the peace. Contra pacem domini regis; against the peace of the lord the king. Phrases used in indictments, and in civil actions of trespass to signify that the acts co

Lat. Inold English law. A counter plea. Tavms, PI, 61, See Counterplea.

Lat. In old English law. A plea or answer. Blount. A counterposition.

Lat. In old English law. A controller. Reg, Orifjf. 192. Contrarotu Uztor cttstumarum; controller of the customs. Id, ibid. Contrarotulator hoapitii domini regis; controller of the

Lat. Inold English law. A counter roll. Towns, PI 61.

Lat. To hold against; to withhold. Whis Mw.

L. Lat. Against gage and pledge. Bract, foL 15 b. Covtra reritateiB lex Baa^naai ■ll^nM Fcv Mictit. The law never suffers anythmg contrary to truth. 2 Inst, 262.

In Scotch law. The act of breaking through any restraint imposed by deed, by covenant, or by a court. 1 Karnes* Equity, Pref, The action founded on the breach of law burrows. Ersk,

Lat. A handling or meddling with; the improper or unauthorized use of a thing. This term is employed in the civil law in the definition of theft, (furtum.) Inst. 4. 1. 1, 6, 8. See

Fr. To imitate; to counterfeit. Kelham,

Contremount, L. Fr. Ascending; uppermost. Id.

[Lat. contributio,] The making up by several parties jointly interested or indebted, to one of their number, of a loss sustained, or payment made by him for the benefit of them all

See De contributione facienda,

Lat. To counterfeit. Reg, Orig, 42. Sigillum controfecisset; he had counterfeited the seal. Id, ibid. Controfacta. Id. ibid,

Lat. Acomiterfeiting. Towns, PI, 61,

erroneously written

[L. Fr. controveur.] In old English law. An inventer or deviser of false news. 2 Inst. 227.

Fr. To contrive. Controvee; contrived. Kelham.

Lat. In the Roman law. The marriage of slaves; a permitted cohabitation. Cooper's Justin, Inst, Notes,* 420. Adam's Rom. Ant. 50.

See De conium4Ke capiendo.

[Lat. contumacia, contumacitas.] In practice. Disobedience to the rules or orders of a court, especially a refusal to appear in court when legally summoned. Wharton's Lex. Used as

Lat. In the civU law. A co-tutor, or co-guardian. Inst. 1. 24. 1.

Cognirance or jurisdiction. Conusance of pleas. Termes de la ley. See Cognizance.

Fr. Acknowlcdgment. i/t/^. sect. 499. Conusant; knowing, understanding; privy to.

Fr. To acknowledge. Utt. sect. 499.

Lat. To gain or acquire strength, force or validity; to become valid. Convalescit donatio facta a furioso; a gift made by a lunatic becomes valid, &c. Bract. fol. 11 b. Ex ratihabi

CovenahU. L. Fr. A Eng. Suitable; agreeable; convenient; fitting. LitU sect. 103. Stat. 27 JSdw, IIL St. 2, c. 21. Stat. 2 Hen. VI. c. 2. CoweU.

\LB.i. conveniens.] Proper, just, suitable. 7 Man. dt Gr, 41, arg.

Lat In the civil law. To sue. Conveniri; to be sued. Inst. 2. 6.9. /rf.4.8.8. /rf.4.11.pr.2. Hence the Scotch convene and convener.

Lat. To covenant. Convenit, promisit et agreavit; he covenanted, promised and agreed. Hob. 34 b.

Lat. It is agreed; it was agreed. Mme serra Mnir ^■•di initl* c««Teait« That shall be observed which was originally agreed to. Dig. 50. 17. 23. Scias quod convenit inter A. peiente

[Lat. conventus, from convenire, to assemble together.] The fraternity of a religious house, as of an abbey or priory. Bract. fol. 16, 347. Frequently written covent. Litt. sect. 1

[Lat. conventiculum, dim. of conventus; a little assembly.] A private assembly or meeting for religious worship. First applied, as a term of reproach, to the religious assemblies o

Lat. [from convenire, to come together.] In the civil law. A coming together of parties; a convention; an agreement. This was a term of the most general description, applying to al

Lat. In old English law. A covenant; an agreement. Breve de conventione; a writ of covenant. Reg. Orig. 165, 166. Si quis a conventione recedat, succurritur alteri parti per action

In English law. An assembled parliament, before any act is patoed, or bill signed. Jacob. More properly, an extraordinary assembly of both houses, without being convoked by the sov

[from Lat. conventio, q. v.] That which is produced by, or depends upon the agreement or mutual arrangement of parties. Conventional estates are those estates for life, which are e

Lat. [from cofwenire, to come together.] In old English law. An assembly. Conventus magnatum vel procerum; an assembly of the great men or nobles. One of the ancient names of the E

Lat. In old English law. Conversant or dwelling; commorant. Stat. Marlbr. c. 10. 2 Inst. 122.

[Lat. conversio, from convertere, to turn towards.] An appropriation of property; one of the grounds of the action of trover. 3 Bl. Com. 152. 3 Steph. Com. 525. See Trover.

[from L. Fr. conveier, conveer; L. Lat. convehere.] To pass or transmit from one to another; to transfer property or the title to property by an instrument in writing. In a stricte

An instrument in writing by which property or the title to property is transferred from one person to another. In a stricter sense, an instrument in writing under seal, (anciently

Members of the legal profession who employ themselves ^sometimes, as in England, solely,) in the oirawing and preparation of deeds or assurances of property. Wharton's Lex. 1 Woodd

Conveyances which presuppose some other conveyance precedenty and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest granted by such original convey

The business or practice of preparing conveyances, especially of real estate; including the investigation of titles, the preparation of abstracts, S:c. Conveyancing may be consider

Conveier. L. Fr. To derive title; to derive by descent. Litt. sect. 703, 705, 706. To CONVICT. [L. Lat. convincere.] In practice. To condemn; to find guilty of an offence [usually]

[L. Lat. convictus.] In practice. One who is found guilty of an offence by the verdict of a jury, or other legal decision. Staundf. Pl. Cor. 186. Termes de la ley. Cowell. Wharton'

[L. Lat. cowvtc^io.] In practice. The finding of a person guilty of an offence with which he has been charged, either by the verdict of a jury, [the decision of any other competent

In English law. An assembly of all the clergy, for the purpose of consulting on ecclesiastical matters. Termes de la ley. 2 Steph. Com. 641. It is in the nature of a parliament, be

[from Fr. convoyer, to escort; Lat. convehere, to convey or conduct safely.] In commercial and international law. A naval force under the command of an officer appointed by the gov

Lat. [from cooperire, to cover.] In old English law. A covering, or exterior coat, as the bark of a tree. Cowell. Quercus discooperta; an oak stripped of its bark, or debarked. Id.

Lat. A covering. Cowell. See Coopertio.

Lat. [from cooperire, to cover.] In forest law. A covert; a thicket (dumetum) or shelter for wild beasts in a forest. Cart, de Foresta, c. 12. Reg. Grig. 268. Spelman.

Lat. In forest law. A thicket, or covert of wood. Blount. See Coopertum,

Cooperta, L. Lat. In old English law. Covered, covert. Femina viro cooperta; a feme covert. See Covert,