compensation

The thrust of the provision dealing with compensation is that bargained-for payments, given only as a 'quo' in return for the quid of services rendered—whether past, present, or future—should not be excludable from income as 'scholarship' funds.

+ 28 more definitions — see all 36 over time

In Chancery Practice. Something to be done for or paid to a person of equal value with something of which he has been deprived by the acts or negligence of the party so doing or paying. When a simple mistake, not a fraud, effects a contract, but does not change its essence, a court of equity will enforce it, upon making compensation for the error. "The principle upon which courts of equity act," says Lord Chancellor Eldon, "is by all the authorities brought to the true standard, that though the party had not a title at law, (as to time, for instance), yet if the time, though introduced (as some time must be fixed, where something is to be done on one side, as a consideration for something to be done on the other), is not of the essence of the contract, a material object, to which they looked in the first conception of it, even though the lapse of time has not arisen from accident, a court of equity will compel the execution of the contract upon this ground, that one party is ready to perform, and that the other may have a performance in substance if he will permit it;" 13 Ves. Ch. 287. See 10 id. 505; 13 id. 73, 81, 426; 6 id. 575; 1 Cox, Ch. 59. In Civil Law. A reciprocal liberation between two persons who are both creditors and debtors of each other. Est debiti et crediti inter se contributio. Dig. 16. 2. 1. 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 Bouvier, Inst. n. 1407. It may be legal, by way of exception, or by reconvention; Blanchard v. Cole, 8 La. 158; 8 Dig. 16. 2; Code, 4. 31; Inst. 4. 6. 30; Burge, Suret, b. 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. La. Civ. Code 2203- 2208. See Dorvin v. Wiltz, 11 La. Ann. 520; Stewart v. Harper, 16 La. Ann. 181. As to taking property, see Eminent Domain. In Criminal Law. Recrimination, which see. C0MPERT0RIUM. In the Civil Law. A judicial inquest by delegates or commissioners to find out and relate the truth of a cause. Wharton. COMPERUIT AD DIEM (Lat. he appeared at the day). A plea in bar to an action of debt on a bail bond. The usual replication of this plea is, nul tiel record: that there is not any such record of appearance of the said. For forms of this plea, see 5 Wentworth 470; Lilly, Entr. 114; 2 Chit. PI. 527. When the issue is joined on this plea, the trial is by the record. See 1 Taunt. 23;

Indemnification; payment of damages; making amends; that which is necessary to restore an injured party to his former position. An act which a court orders to be done or money which a court orders to be paid, by a person whose acts or omissions have caused loss or injury to another, in order that thereby the person damnified may receive equal value for his loss or be made whole in respect of his injury. Railroad Co. v. Denman, 10 Minn. 280 (Gil. 208). Also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected by the operations of companies exercising the power of eminent domain. In the constitutional provision for "just compensation" for property taken under the power of eminent domain, this term means a payment in money. Any benefit to the remaining property of the owner, arising from public works for which a part has been taken, cannot be considered as compensation. Railroad Co., v. Burkett, 42 Ala. 83. 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 wrong-doer for a tort. Co.mpensation 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; compensation 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. The word also signifies the remuneration or wages given to an employe or officer. But it is not exactly synonymous with "salary." See People v. Wemple, 115 N. Y. 302, 22 N. E. 272;'Com. v. Carter, 55 S. W. 701, 21 Ky. Law Rep. 1500; Crawford County v. Lindsay, 11 111. App. 261; Kllgore v. People, 76 111. 548. In the civil, Scotch, and French law. Recoupment; set-off. The meeting of two debts due by two parties, where the debtor in the one debt is the creditor in the other; that is to say, where one person is both debtor and creditor to another, and therefore, to the extent of what is due to him, claims allowance out of the sum that he is due. Bell; 1 Karnes, Eq. 395, 396. Compensation is of three kinds,—legal, or by operation of law; compensation by way of exception; and by reconvention. Stewart v. Harper, 16 La. Ann. 181.

— Compensatory damages. See Damages.

Eemuneration, recompense, as for attorney or oflficer; remuneration for disability, by express agreement property. for tithes, or of a of one punishment for a greater. contract in which each or an equivalent for learning; familiar assemblage. Properly the more formal or nations, or states, purpose of carrying on other legitimate busi- Comparison of writings, Comparison of hands. Comparet: (he) apad diem: he apbail-bond. Comperue- Comparebit: (he) shall handwriting or signature, ascertain whether both Common, spiritual relationship appearance for a dedispendia: abridgor set-oflf; a proceedcrime or guilt; a plea Recrimination. services by an agent, expense, loss of caused negligejj*^ something of which one has been deprived; amends for privation of something, as of property taken by right of eminent domain.

In the civil and Scots law. Set-oflf; an extension of debts by operation of law where they are reciprocally due and equally liquidated and demandable.

indemnificatien; payment of damages; making amends; that which is necessary to restore an injured party to his former position. Anact which a court orders to be done, or money which a court orders to be paid, by a person whose acts or aified may receive equal vatue for his loss, or be made whole in respect of his injury. Also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected by the operations of companies exercising the power of eminent domain. ¢ In the constitutional provision for “just compensation” for property taken under the power of eminent domain, this term meansa payment in money. Any benefit to the remaining property of the owner, arising from public works for which a part has been taken, cannot be considered as compensation. 42 Ala. 88. As compared with consideration and damages, compensation, in its most careful use, seems to be between them. Consideration is amends for somevhing given by consent, or by the owner's choice. Damages is amends exacted from a wrong-doer for 8 tort. Compensation is amends for something which was taken without the owner’s choice, yet without commission of a tort. Thus, one should say, consideralionu for land sold; compensation for land taken for arailway; damages for a trespass. But such distinctions are notuniform, Land damages is a common expression for compensation for lands taken for public use. Abbott. The word also signifies the remuneration or wages given to an employe or officer. But it is not exactly synonymous with “salary.” See 76 Il]. 548. In the civil, Scotch, and French law. Recoupment; set-off. The meeting of two debts due by two parties, where the debtor in the one debt is the creditor in the other; that is to say, where one person is both debtor and credilur to another, and therefore, to the extent of what is due to him, claims allowance out of the sum that he is due. Bell; 1 Kames, Eq. 895, 396. Compensation is of three kinds,—legal, or by operation of law; compensation by way of exception, and by reconvention. 16 La. Aun. 181.

That return which is given for something else — a consideration: as, the conlpensation of an office, i Compensatory. Serving as an equivalent; making amends: as, compensatory damages, g. v. 1. Recompense; remuneration: as, for services rendered by an officer, agent, attorney, trustee. When not fixed by agreement, e\4dence of the amount ordinarily charged in like cases is admissible. The service, however, must be lawful. An agreement to pay a contingent compensation for professional services in prosecuting a claim against the government, pending in a department, is not unlawful.'^ In a constitutional provision that the " compensation" of any public officer shall not be increased or diminished during his term of office, applies to officers who receive a fixed salary from the public treasury, not to such minor officers as are paid by fees taxed, or allowed for each item of service as it is rendered.' When Congress has said that a sum appropriated shall be "in full compensation" of the services of a public officer, the courts cannot allow him a greater sum. The appropriation of a fixed sum as compensation, followed by the appropriation of a round sum as " additional " pay, evinces an intention not to allow further compensation during the period specified. So, a statute which fixes the annual salary of an officer at a designated sum without limitation as to time, is not abrogated by subsequent enactments appropriating a less amount for his services for a particular fiscal year, but containing no words which expressly or impliedly modify or repeal it.* See Commission, 3; Continuance, 3; Count, 4 (1), Common; Expert; Impair; Legal; Salary. 2. Remuneration for loss of time, necessary expenditures, and for permanent disability, if such be the result. 5 As, compensation for personal" injuries caused by another's negligence. See Damages. 3. Amends for privation of a thing; an equivalent for property taken for a public use. Just compensation. Private property cannot be taken for a public use without just compensation being made or secured. This 1 Searcy v. Grow, 16 Cal. 123 (1860). 2 Stanton v. Embrey, 93 U. S. 548 (1876). 2 Supervisors of Milwaukee «.. Hackett, 21 Wis. *617-18 (1837), Dixon, C. J. < United States v. Fisher, 109 U. S. 143 (1883); United States V. Mitchell, ib. 146 (1883); United States v. Langmeans pecuniary recompense equivalent in value to that of the property, i "Just" intensifies the meaning of "compensation " — imports that the equivalent shall be real, substantial, full, ample.'' Nearly all of the authorities agree that " just compensation " consists in making the owner good, by an equivalent in money, for the loss he sustains in the value of his property by being deprived of a portion of it.' In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in the sale of property between private persons. The inquiry is. What is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference 'to the uses to which it Is plainly adapted; that is to say, what] is it worth from its availability for vg.luable purposes... So many and varied are the circumstances to be taken into the account that it is perhaps impossible to formulate a rule to govern its appraisement in all cases. Exceptional circumstances will modify the most carefully guarded rule. As a' general thing, the compensation is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.* When an incorporated company appropriates land, the measure of compensation is the difference between the value of the property before and after the taking, and as affected by the taking. ^ See Domain, Eminent;. Police, 2; Street; Take, 8. 4. In equity, something to be done for, or money to be paid to, a person, equal In value or amount to the right or. thing of which he has been deprived. Ordinarily decreed as incidental to other relief sought by the bill, or where there is no adequate remedy at law, or where a peculiar equity intervenes.^' Compensation may be decreed where. the court cannot grant the specific relief prayed for. Thus, if a plaintiff was originally entitled to specific performance of a contract of sale, but it so happens that before the final decree it becomes impracticable for the defendant to make a conveyance, so that the specific relief sought for cannot be decreed, the court will not 1 Council Bluffs E. Co. v. County of Otoe,,16 Wall. 674 (1874). Strong, J. 'i ■V^irginia, &c. E. po. u. Henry, 8 Nev. 171 (1873), Whitman, C. J. 'Bigelow V. West Wisconsin E. Co., 27 Wis. 487 (1871), cases, Lyon, J. < Mississippi, &c. Boom Co. v. Patterson, 98 U. S. 407-8 (1878), Field, J. » See Lake Erie, &c. E. Co. v. Kinsey. 87 Ind. 516-81 (1883), cases; Shenango, &c. R. Co. v. Braham, 79 Pa. 453 (1875), cases; 39 Ala. 171-72; 42 id. 8;.!6 id. 679; 69 Ga. 323; 133 Mass. 265, 4.33; 84 Miss. 227; 86 id. 300; 17

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

chancery practice, is the performance of that which a court of chancery order to be done on relieving a party who has broken a condition, which is to place the opposite party in no worse situation than if the condition had not been broken. Courts of equity will not relieve from the consequences of a broken condition unless compensation can be made to the oppo-