Consanguineus

One within the degrees of consanguinity. CONSANGUINEUS EST QUASI EODEM sanguine natus. A person related by con- CONSANGUINITY (Lat. eonsanguis, blood together). The relation subsisting among all the different persons descending from the same stock or common ancestor.

Collateral Consanguinity

The relation subsisting among persons who descend from the same common ancestor, but not one from the other. It is essential, to constitute this relation, that they spring from the same common root or stock, but in different branches. The mode of computing degrees of collateral consanguinity at the common and by th^ canon law is to discover the common ancestor, to begin with him to reckon downwards, and the degree the two persons, or the more remote of them, is distant from the ancestor, is the degree of kindred subsisting between them. For instance, two brothers are related to each other in the first degree, because from the father to each of them is one degree. An uncle and a nephew are related to each other in the second degree, because the nephew is two degrees distant from the common ancestor; and the rule of computation is extended to the remotest degrees of collateral relationship. The method of computing by the civil law is to begin at either of the persons in question, and count up to the common ancestor, and then downwards to the other person, calling it a degree for each person, both ascending and descending, and the degrees they stand from each other is the degree in which they stand related. Thus, from a nephew to his father is one degree; to the grandfather, two degrees; and then to the uncle, three; which points out the relationship. The mode of the civil law is preferable for it points out the actual degree of kindred in all cases. By the mode adopted by the common law, different relations may stand in the same degree. The uncle and nephew stand related in the second degree by the common law, and so are two first cousins, or two sons of two brothers; but by the civil law the uncle and nephew are in the third degree, and the cousins are in the fourth. The mode of computation, however, is immaterial, for both will establish the same person to be the heir.

2 Bl. Comm. 202.

See "Descent"; "Line." Lineal Consanguinity. That relation which exists among persons where one is descended from the other, as between the son and the father, or the grandfather, and sc upwards in a direct ascending line, and between the father and the son, or the grandson, and so downwards in a direct descending line. In computing the degree of lineal consanguinity existing between two persons, every generation in the direct course of relationship between the two parties makes a degree, and the rule is the same by the canon, civil, and common law. not identical with "principle.'' An "objection on principle" to the death penalty is not the same as a conscientious scruple.

7 Cal. 140.