A New Law Dictionary and Glossary

Counter, Countour, L. Fr. and Eng. [L. Fr. contour, from counter or conter, to relate, recite or state orally; L. Lat. narrator. 1 In old English practice. An advocate or professio

Fr. To counterfeit. Britt, c. 4.

Fr. A controller. Britt. c I.

[h. LB,t, patria; L. Fr. pais.] In pleading and practice. The inhabitants of a district from which a jury is summoned in a cause.* " To make a certain jury of the country,'* were w

[L. Fr. counie; L. Lat. comitatus.] A civil division of a state or kingdom, for political and judicial purposes, formerly governed in England by the earl or count, from whom it der

A city or town, with more or less territory annexed, having the privilege to be a county of itself, and not to be comprised in any other county: such as London, York, Bristol, Norw

[L. Lat. curia comitatiis, or comitatus; L. Fr. counte.] A court of high antiquity in England, incident to the jurisdiction of the sheriif. 2 Bl, Com, 35. 3 Steph, Com, 395. 4 Co,

[L. Lat. comitatus palatinus.] A county in England distinguished by peculiar privileges; and so called from palatium, (a palace,) because its owner, whether duke or earl, had in su

In England, are the general quarter sessions of the peace for each county, which are held four times a year. Wharton's Lex. Warrens Law Studies, 367.

Fr. Fault; blame. Britt c. 28, 100. Coupable; guilty. Kelham, L, Fr. Diet,

in old English practice, was when the tenant in a real action, after once appearing and being present in court, failed to appear upon demand. For being in contemplation of law actu

[L. Lat. curia haronis.Ji An inferior court of civil jurisdiction in England, attached to a manor, being an inseparable incident thereto, and holden by the steward within the manor

In old English practice. The peculiar hand in which the records of courts were written from the earliest period down to the reign of George II. Its characteristics were ^at stren^f

Fr. and Eng. [L. Lat. curia, Curtis, placitum, judicium.] A tribunal established for the public administration of justice, [forum judiciale veljaridicum;) and composed of one or mo

Fr. From time whereof memory runneth not; time out of memory of man. Litt. sect. 143, 145, 170. DE TEMPORE IN TEMPUS ET AD

Fr. From time whereof memory runneth not. Britt. c. 86.

[L. Lat. eurti Ue terroB.] In English law. Demains, or lands kept in demesne, i. e. in the lord's own hands, to serve his family. A term derived from the feudal law in which ierrce

[L. Lat. curia leta; the court of the leet.] A court of record in England, held once or twice in every year within a particular hundred, lordship, or manor before the steward of th

A court held m the military and naval service, for the trial and punishment of offences against the regulations of the service.* 1 BL Com, 416. Crahb'e Hist. Eng. Law, 653. The cou

See Admiralty.

See Arches. COURTS OF ASSIZE AND NISI

See Atia/ihments.

See Chancery.

A court formerly held before the lord high constable and earl marshal of England jointly, and afterwards before the latter only, having cognizance of contracts and other matters to

See Common Plecu. COURT OF COMMISSIONERS OF

The great court of appeal in England in all ecclesiastical causes, consisting of delegates (judices delegati,) appointed by the king's commission, under his great seal, and issuing

See Equity, Chancery.

See Exchequer.

The county court of London, held before the mayor, recorder and sheriflF, but of which the recorder is, in effect, the sole judge. No actions can be brought in this court that are

See ]i£ar9hahea.

A spiritual court in England, being a branch of, and annexed to the court of Arches. It has a jurisdiction over all those parishes dispersed through the province of Canterbury, in

A court where the acts and judicial proceedings are enrolled in parchment [or paper] for a perpetual memorial and testimony; and which has power to fine and imprison for contempt o

One of the forest courts, held every third year for the lawing or expeditation of dogs. 3 Bl, Com, 72. Crabb's Hist, Eng. Law, 156.

A court, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts. The ordinary constitution of these courts, which a

[L. Lat. curia camercB stellatce.] A court of very ancient original in England, but new modelled by statutes 3 Hen. VII. c. 1, and 21 Hen. VIII. c. 20; having jurisdiction over rio

[L. Lat. curice christianitatis.] The ecclesiastical courts in England are often so called, as distinguished from the civil courts. 1 BL Com. 83. 3 Id. 64. 3 Steph, Com. 430. 2 Ins

See Ecclesiastical courts.

See Conscience,

[Fr. cosin; L. Lat. consanguineus.] A kinsman or blood relation. Applied in the old books to a brother, sister, or uncle. Litt. sect. 108, 123, 389. Co. Litt. 80 b, 81 b. Cousin an

See Cosinage.

Fr. Cost, charge. Eelham.

Coustumier, Coutumier. Fr. A collection of customs, usages and forms of proceeding in the old law of France. The most celebrated of these were the Coutumier of France, called the G

Coutum. L. Fr. [from coust, price, charge.] Toll or tribute. 1 Bl. Com. 314, note.

Sax. [from couth, knowmg, and utlaugh, an outlaw.] In Saxon and early English law. A person who willingly and knovnngly received an outlaw, and cherished or concealed him; for whic

Fr. Curfew. Eelham. See Curfew.

Fr. and Eng. [Lat. rationabilis.] Convenient, becoming, fit or suitable. Stat. Westm. 1, pr. Stat. 4 Hen. VIII. c. 12. Also written convenable. Stat. 27 Edw. III. st. 2, c. 17. Cow

[from L. Fr. convenant, from convenir, to agree; L. Lat. conventio.] In conveyancing. The agreement or consent of two or more by deed in writing, sealed and delivered, whereby eith

In practice. The name of a writ, or action (L. Lat. hreve de conventions,) that anciently lay for non-performance of any covenant in writing. Reg. On^. 165— 167. i^. iV^. ^. 146. f

In practice. The name of one of the modern forms of actions ex contractu, which lies for the recovery of damages for breach of a covenant, or contract under seal. 1 Arckb. Nisi Pri

A covenant which is conversant about some collateral thing that doth nothing at all, or not so immediately concern the thing granted; as to u&y a sum of money in gross, d^c. Shep.

The party to whom a covenant is made. Skep. Touch. 160.

called also Covenant in fact (Ft. covenant en fait), and covenant expressed. A covenant expressed in words, or inserted in a deed in specific terms.* Termes de la ley. Shep. Touch.

A covenant which is conversant about the land, and knit to the estate in the land; as that the thing demised shall be quietly enjoyed, shall be kept in reparations, shall not be al

or Implied covenant. A covenant implied by law from certain words in a deed which do not express it. 1 Archb. Nisi Prius, 250. Thus, from the words concessi (have granted) or demis

The party who makes a covenant. Shep, Touch. 160.

A covenant in a deed binding the heirs of the covenantor, and passing to assignees, or to the purchaser. 2 Bl. Com. 304. 4 Een Vs Com. 471, 472. A covenant which runs in the realty

Used in the old books for convefit, Litt. sect. 133. Co. Litt. 94 a, b. Cowell. The omission of the letter n after the vowel o was a very common mode of contraction both in Latin a

The English statute 22 (& 23 Car. II. c. 1, enacted for the punishment of the offence of cutting off or disabhng a limb or member, with intent to maim or disfigure. It was so calle

Fr. & Eng. [Fr. couvert, from couvrir, to cover; L. Lat. co-opertus.] Covered, protected, sheltered. A pound covert is one that is close or covered over, as distinguished from poun

or COVERT DE

[from covert, q. v.] A covering; a state of being covered or protected; or, according to Lord Coke, a state of subjection or dependence. Co. Litt, 112 a. The condition of a woman d

[L. Lat. covtna.] A secret assent or agreement determined in the hearts of two or more, to the prejudice of another. Moantague, C. J., Plowd, 54. Tmif Ms de la ley. Cb. Litt 357 b.

Deceitful, fraudulent. CRAIRK See Ch-eier.

[L. Lat. cranagiumJ] In English law. A liberty to use a crane for drawing up wares or goods out of any vessel at any creek or wharf, and to make profit of it. Termes de la ley, Cow

Crassa, Lat. [Fr. grosse.] Large, gross. Crassus piscis; (craspice;) large fish. Bract. fol. 55 b. Called in another place, grossus piscis; sicut balaena, sturgio et alii pisces re

Lat. In old English practice. On the morrow. A title formerly given to the return days of writs, days in bank, or appearance days in the courts at Westminster. 3 Bl. Com. 277. 2 Re

Lat. [from cras, tomorrow.] The morrow; the day after. See Crastino.

Craventy Cravant, [from Sax. crafian^ to crave, beg or implorej In old English law. A word of obloquy and disgrace, in the ancient trial by battel, on the uttering of which by eith

Lat. [from creare, to create.] We create. One of the words by which a corporation in England was formerly created by the king. 1 Bl. Com, 473.

Fr. [from creier, to believe.] Belief; persuasion; trust; credit; faith. L.Fr, Diet,

Creansor, Creaunsour. L. Fr. [from creance, q. v.] One who trusts or gives credit; a creditor. Britt. c. 28, 78.

[Lat. credibilis, from credere, to believe, or trust.] In the law of evidence. To be believed; entitled to credit; worthy of belief. A term applied to a witness after his evidence

Lat. & Eng. [from credere, to trust.] One who gives or has given cred^it to anotner; one who trusts another; one to whom a debt is due.* In a larger sense, one to whom any oblifati

Lat. Believed; trusted. Male creditus; ill thought of; in bad repute or credit. j Broc^ fol. 116.

Creyer, Crere, Crier, Craire. L. Fr. To believe, to give credit to; to confide in; to trust; to entrust with. Kelham, L. Fr. Diet. Britt. c. 4.

Lat. In old English law. The increase of the county. The sheriffs of counties anciently answered in their accounts for the improvement of the king's rents above the ancient viconti

Lat. In Saxon law. To put out an eye; which had a pecuniary punishment of fifty shillings annexed to it. Wkarton^a Lex.

Lat. A creek. Towns. PI 195.

Lat. Daylight or twilight; the light which continues after the setting, or precedes the rising of the sun.* 4 Bl Com. 224. 4 SUph. C<m. 147.

Lat. A sudden stream or torrent. CowelL

In maritime law. A ship's company, embracing all the officers, as well as the common seamen. Story, J., 3 Sumner's R. 209, 213, 214. This is the ordinary sense of the word. Id. 216

In maritime law. A list of the crew of a vessel; one of a ship's papers. This instrument is required by act of Congress, and sometimes by treaties. Act of Congress, March 3, 1813.

[L. Fr. criour.l An officer of a court, whose duty is to make proclamation of the opening and adjournment of the court; to call parties, jurors and witnesses in causes; to assist i

Fr. To proclaim; to make proclamation. Kelham. To read or recite aloud. See Criez la peet.

Fr. Rehearse the concord, or peace. A phrase used in the ancient proceedings for levying fines. It was the form of words by which the justice before whom the parties appeared, dire

[Lat. crimen.'] An act committed or omitted, in violation of a public law, either forbidding or commanding it. 4 Bl. Com. 5. — A breach or violation of some public right or duty du

Lat. (plur. crimina.) A crime. See Crime. In the civil law. An accusation. Inst. 1. 26, pr. Cooper's Notes in loc. Hei' necc. El. Jur. Civ. lib. 1, tit 26, § 802, CRIMEN FALSL Lat.

Lat. In old criminal law. The crime of burning, (Sax. hemei,) which included not only the modem crime of arson, (or burning of a house,) but also the burning of a man, beast or oth

Adultery; unlawful intercourse with a wife.

In English criminal law. A proceeding at the suit of the king, without a previous indictment or presentment by a grand jury. 4 Bl. Com. 308. Cole on Criminal Informations.

Lat. [from crimen, q. v.] Criminal. Placitorum aliud est criminale, aliud civile. Glanv. lib. 1, c. 1. Placitorum alia criminalia, et alia civilia; of actions some are criminal and

Lat. [from criminalis.] Criminally. Inst. 4. 4. 10. Bract fol. 101 b, 102.

Crocards. A foreign coin of base metal, prohibited by statute 27 Edw. I. St. '^, from being brought into the realm. 4 BL Com. 98. Cr(^b's Hist Eng. Law, 176.

[L. Lat. croftum, croftus, crofta, cruftum, crufta.] In old English conveyancing. A small piece of ground adjoining a dwelling house, and enclosed for pasture or arable, or any par

Croyses. L. Fr. [L. Lat. cruce signati.] Pilgrims; so called as wearing the sign of the cross on their upper garments. Britt. c. 122. The knights of the order of St. John of Jerusa

In practice. An action brought by a party sued against the party who has sued him, upon the same subject matter, as upon the same contract.* This is necessary whenever the subject

In equity pleading. A bill filed by a defendant in a suit in equity, against the plaintiff or complainant, in order to obtain some relief against him. 3 Bl. Com. 448. A defendant c

In practice. The examination of a witness by the party opposed to the party who has first examined him, in order to test the truth of such first or direct examination, which is als

A species of remainder created out of a tenancy in common. When lands are given to two or more, as tenants in common, it frequently happens that a particular estate is limited to e

[Lat. corona, Fr. corone.l The sovereign power is a monarchy.