Compensation

contracts, in the civil law. When two persons are indebted to each other, there takes place a compensation between them, which extinguishes both debts. Compensation takes place of course by the meré operation of law, even unknown to the debtors; the two debts are reciprocally extinguished, as soon as they exist simultaneously, to the amount of their respective sums. Compensation 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 dsmandable. Compensation takes place, whatever be the cause of either of the debts, except in case, Ist, of a demand of restitution of a thing of which the owner has been unjustly deprived; 2dly, of a demand of restitution of a deposit and a loan for use; 3dly, of a debt which has for its cause, of aliments declared not liable to seisure. Civil Code of Louis. 2203 to 2208; Dig. lib. 16, t. 2; Code, lib. 4, t. 31; Inst. lib. 4, t. 6, s. 30. Compensation very nearly resembles the set-off (q. v.) of the common law. COMPERUIT AD _ DIEM, pleading. He appeared at the day. This is the name of a plea in bar to an action of debt on a bail bond. For forms of this plea, vide 5 Wentw. 470; Lil. Entr. 114; 2 Chit. PI. 527. When the issue is joined on this plea, the trial is by the record. Vide 1 Taunt. 23; Tidd, 239. And see generally, Com. Dig. Pleader, 2 W 31;7B.&C. 478.