Compensatio Criminis

The compensation or set-off of one crime against another. For example, in questions of divorce, where one party claims the divorce on the ground of adultery of his or her companion, the latter may show that the complainant has been guilty of the same offense, and, having himself violated the contract, cannot complain of its violation on the other side. This principle is incorporated in the codes of most civilized nations. See 1 Hagg. Consist. 144; 1 Hagg. Ecc. 714; 2 Paige Ch. (N. y.) 108; 2 Dev. & B. (N. C.) 64; Bish. Mar. & Div. §1 393, 394. COMPENSATION (Lat. compendere, to balance). Indemnification; recompense. Something to be done for or paid to another of equal value with something of which he has been deprived by the act or negligence of the party so doing or pajring. That which constitutes or is regarded as an equivalent. 161 111. 251; 154 111. 662. As compared with "consideration" and "damages," "compensation," in its ' most careful_ use, seems to be between them. Consideration is amends for something given by consent, or by the owner's choice. Damages is amends exacted from a wrongdoer for a tort. Compensation is amends for something which was taken without the owner's choice, yet without commission of a tort. Thus, one should say, consideration for land sold; compensatipn for land taken for a railway; damages for a trespass. But such distinctions are not uniform. "Land damages" is a common expression for compensation for lands taken for public use. Abbott. In a statute providing for compensation for property taken for public use, compensation means an equivalent for the value of the land. 17 N. J. Law, 47. It is applied to the remuneration of officers, fiduciaries, etc., but is not synonymous with "salary." 76 111. 548. In Civil Law. A reciprocal liberation between two persons who are both creditors It resembles in many respects the common-law set-off. The principal difference is that a set-off must be pleaded to be effectual; whereas compensation is effectual without any such plea. See 2 Bouv. Inst, note 1407. It may be legal, by way of exception, or by reconvention. 8 La. 158; Dig. 16. 2; Code, 4. 31; Inst. 4. 6. 30; Burge, Sur. bk. 2, c. 6, p. 181. It takes place by mere operation of law, and extinguishes reciprocally the two debts as soon as they exist simultaneously, to the amount of their respective sums. It takes place only between two debts having equally for their object a sum of money, or a certain quantity of consumable things of one and the same kind, and which are equally liquidated and demandable. It takes place, whatever be the cause of the debts, except in case, first, of a demand of restitution of a thing of which the owner has been unjustly deprived; second, of a demand of restitution of a deposit and a loan for use; third, of a debt which has for its cause aliments declared not liable to seizure. Civ. Code La. arts. 2203-2208. In Old Criminal Law. Recrimination (q. V.) COIVIPENSATORY DAiVIAGES. Damages in amount legally sufficient to indemnify the injured person for the loss sustained. The term is sometimes taken to be equivalent to actual damages. The term "compensatory damages" is, like "actual damages," very generally said to mean something different from "punitive damages" or "exemplary damages." Damages is intended not merely to compensate the injured person but to punish the wrongdoer.

(Set-off 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 offense with which the respondent is charged. Defined under Compensatio in Black's Law Dictionary.

(Set-off of crime or guilt.) Inpractice. ‘The plea of recrimination in a suit for a divorce; that is, that the complainant is guilty of the same kind of offense with which the respondent ia charged.

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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 or she charges the defendant. Shelford, Mart, ik Div. 440. 2 Kent's Cam. 100. See Becrimination.