The Cyclopedic Law Dictionary

Agreement in a design or plan; union formed by mutual communication of opinions and views. 192 111. 196. CONCESSI (Lat. I have granted). A term formerly used in deeds. It is a word

In old English law. A grant; one of the old common assurances, or forms of conveyance, being properly of things incorporeal which cannot pass by deed. 2 Bl. Comm. 317. CONCESSIO PE

A grant. The word Is frequently used in this sense when applied to grants made by the French and Spanish governments in Louisiana.

A form of action of debt on simple contract which lies by custom in the mayor's courts of London and Bristol. The declaration is to the effect that the defendant on a fictitious da

A grantor.

A grantee.

A council house. Towns. PI. 184.

A council. Concilium Ordinarlum. In Anglo-Norman times, an executive and residuary judicial committee of the aula regis {q. v.) Concilium Regis. A tribunal which existed in England

In pleading. The tender of an issue for trial by a jury. When the issue is tendered by the defendant, it is as follows: "And of this the said C. D. puts himself upon the country."

That which cannot be controlled or contradicted by any other evidence.

A rule of law determining the quantity of evidence requisite for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherfor a

An agreement, or supposed agreement, between the parties in levying a fine of lands, in which the deforciant (or he who keeps the- other out of possession) acknowledges that the la

A convention; a pact; an agreement. The term is generally confined to the agreements made between independent governments, and most usually applied to those between the pope and so

A fold, pen, or place where cattle lie. Cowell.

Lying together.

A species of marriage which took place among the ancients, and which is yet in use in some countries. See "Concubinatus." The act or practice of cohabiting, in sexual commerce, wit

A natural marriage, as contradistinguished from the justae nuptiae, or justum matrimonium, the civil marriage. The concubinatus was the only marriage which those who did not enjoy

A woman who cohabits with a man as his wife without being married. When a single woman consents unlawfully to cohabit with a man generally, as though the marriage relation existed

In Louisiana. To claim a part of the estate of an insolvent along with other claimants (6 Mart. [La.; N. S.] 460): as "the wife concurs with her husband's creditors, and claims a p

In French law. The equality of rights, or privilege which several persons have over the same thing; as, for example, the right which two judgment creditors, whose judgments were re

Running together; having the same authority. Thus, we say, a concurrent consideration occurs in the case of mutual promises; such and such courts have concurrent jurisdiction, — th

That which is possessed over the same parties or subject matter at the same time by two or more separate tribunals. 120 111. 81. That jurisdiction exercised by different courts at

Such as, being passed on a conviction for several crimes, are computed as beginning simultaneously and running concurrently. See "Cumulative Sentences."

In English practice. A copy of the original writ of summons issued in an action, the very date being the same, the seal bears the word "concurrent" on it, and shows the date when t

In Scotch law. To coerce. Shaw, 322.

In civil law. The offense of extortion by threats of violence. Dig. 47. 13.

In civil law. The unlawful forcing of another by threats of violence to give something of value. It differs from robbery in this, that in robbery the thing is taken by force, while

To sentence; to adjudge. 3 Bl. Comm. 291. To declare a vessel a prize; to declare a vessel unfit for service. 1 Kent, Comm. 102; 5 Esp. 65. To take by exercise of the power of emin

Sometimes used to indicate proceedingsj for taking property by right of 'eminent domain. In Admiralty. The sentence of a competent tribunal which declares a ship unfit for service.

In ecclesiastical law. The name of a plea entered by a party to a libel filed in the ecclesiastical court, in which it is pleaded that the deceased made the will which is the subje

In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff. CONDICTIO (Lat. from condicere.) In civil law.

An action arising where the law gave a remedy, but provided no appropriate form of action. Calv. Lex. Condictio Indebitati. An action which lies to recover that which the plaintiff

QUAE STATum construit, benigne, secundum verborum intentionem est interpretanda; odiosa autem, quae statum destruit, strlcte, secundum verborum proprietatem, aocipienda. A benefici

In Civil Law, The situation of every person in some one of the different orders of persons which compose the general order of society, and allot to each person therein a distinct,

A fee which, at the common law, was restrained to some particular heirs, exclusive of others. It was called a conditional fee by reason of the condition, expressed or implied in th

A bequest whose existence depends upon the happenor to be defeated. 1 Rop. Leg. (3d Ed.) 645.

A condition followed by a limitation over to a third person in case the condition be not fulfilled, or there be a breach of it. A condition determines an estate after breach, upon

An obligation subject to a condition. In Louisiana. An implied obligation. See 2 La. Ann. 989, 991.

A stipulation on condition. CONDITIONES QUAELIBET ODIOSAE; maxime autem contra matrimonlum et commercium. Any conditions are odious, but especially those against matrimony and comm

The terms upon which the vendor of property by auction proposes to sell it. The instrument containing these terms, when reduced to writing or printing.

In civil law. Co-ownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypotheca, ususfructus, usus and habitatio. These were more than mere jura in re aliena

A Spanish law term, signifying the remission of a debt.

The conditional forgiveness or remission, by a husband or vidfe, of a matrimonial offense which the other has committed. Condonation is the remission by one of the named parties of

See "Actio ex Conducto." CONDUCTIO (Lat.) A hiring; a bailment for hire. It is the correlative of locatio, ^ letting for hire. Condueti actio, in the civil law, is an action which

In English' practice. Money paid to a witness who has been subpoenaetf on a trial, sufficient to defray the reasonable expenses of going to, staying at, and returning from the plac

One who conducts or escorts. In the law and usage of railways, a trainman who directs the movements of the train and is responsible for the execution of orders in respect to the sa

A method or means of conveying; a channel for passage or transmission, especially of water or other fluid. "Conduit" is a general word which applies to any channel or structure by

A woman at fourteen or fifteen years of age may take charge of her house, and receive cone and key, — that is, keep the accounts and keys. Cowell. Said by Lord Coke to be "cover an

In Roman law. A sacrificial rite resorted to by marrying persons of high patrician or priestly degree, for the purpose of clothing the husband with the manus over his wife; the civ

In Criminal Law. An agreement between two or more persons to do an unlaw- The technical term usually employed to signify this oflfense is "conspiracy." In Equity Pleading. An impro

The name given to that form of government which the American colonies during the Revolution devised for their mutual safety and government.

^^In French Law. A similarity between two laws or two systems of laws. In International Law. Verbal explanations between the representatives of at least two nations, for the purpos

In criminal law. The voluntary declaration, made by a person who has committed a crime or misdemeanor, to another, of the agency or participation which he had in the same. An admis

In pleading. The admission in a pleading of the truth of the facts as stated in the pleading to which it is an answer, and the allegation of new and related matter of fact which de

A priest of some Christian sect, who receives an account of the sins of his people, and undertakes to give them absolution of their sins. The common law does not recognize any such

See "Actio Confessoria." CONFESSUS IN JUDICIO PRO JUDIcato habetur et quodammodo sua sententia damnatur. A person who 'has confessed in court is deemed as having had judgment passe

A method of swindling. 265 111. 283. Any swindling operation in which advantage is taken of the confidence reposed by the victim in the swindler. 261 111. 322.

Those statements with regard to any transaction made by one person to another during the continuance of some relation between them which calls for or warrants such communications.

To make firm, or more firm; to give more strength to. The word is held not to impart a warranty in a conveyance of real estate. Used in a conveyance of real estate "confirm" does n

UBI DONum praecedens est Invalidum. A confirmation is null where the preceding gift is invalid. Co. Litt. 295; F. Moore, 764. CONFIRMATIO OMNES SUPPLET DEfectus, licet id quod actu

A contract by which that which was voidable is made firm and unavoidable. A conveyance, whereby a voidable estate previously granted is made firm. Ratification of an official act b

He to whom a confirmation is made.

He who makes a confirmation to another.

To confiscate.

To appropriate to the use of the state. Especially used of the goods and property of alien enemies found in a state in time of war. 1 Kent, Comm. 52 et seq. Bona confiscata and for

An old form of confiscate. Finch, Law, bk. 3, c. 17.

A contrariety or opposition in the laws of states in those cases where, from their relations to each other, or to the subject-matter in dispute, the rights of the parties are liabl

In this conflict, certain rules are applicable, viz.: (1) Special take precedence of general presumptions; (2) constant of casual ones; (3) presume in favor of innocence; (4) of le

In English ecclesiastical law. Adherence to the doctrines and usages of the Church of England.

BILL OF. See "Bill of Conformity." CONFRAIRIE (Fr.) A fraternity, brotherhood, or society. Cowell.

In practice. The act by which a witness is brought into the presence of the accused, so that the latter may object to him, if he can, and the former may know and identify the accus

In Common Law. The intermixture of the goods of two persons, so that the several portions can be no longer distinguished. 2 Bl, Comm. 405. The term, and, in a great degree, the doc

A union of the qualities of debtor and creditor in the same person. The effect of such a union is generally to extinguish the debt. 1 Salk. 306; Cro. Car. 551; 1 Ld. Raym. 515. See

In Saxon law. Fellow members of a guild. Spelman, voc. "Geldum."

A society of a number of persons who compose an ecclesiastical body. ■ In the ecclesiastical law, this term is used to designate certain bureaus at Rome, where ecclesiastical matte

An assembly of deputies convened from different governments to treat of peace or of other international affairs. The name of the legislative body of the United States, composed of

In the civil law of evidence. A throwing together; presumption; the putting of things together, with the inference drawn therefrom. Matt. Pr. c. 1, note 43.

In civil law. A statement of the case; a brief synopsis of the case given by the advocate to the judge in opening the trial. Calv. Lex.

A slight degree of credence, arising from evidence too weak or too remote to cause belief. 1 Mascardus de Prob. quaest. 14, note 14. An idea or notion founded on a probability, wit

Persons married to each other. Story, Confl. Laws, § 71. Wolff. Dr. Nat. § 858.

Rights arising from the relation of husband and wife. In England, a writ lies for restitution to conjugal rights in case of intentional desertion, including, perhaps, a refusal to

One of the names of marriage, among the Romans. Tayl. Civ. Law, 284.

In Scotch law. Joint, as applied to rights. Ersk. Inst. bk. 3, tit. 8, § 34; Bell, Diet. Connected, as applied to persons. Bell, Diet.

In civil law. Things joined together or united; as distinguished from disjuncta; things disjoined or separated. Dig. 50. 16. 53.

In civil law. Conjunotion; connection of words in a sentence. See Dig. 50. 16. 29. 142. CONJUNCTIO MARITI ET FEMINAE est de jure naturae. The union of a man and a woman is of the l

Connecting in a manner denoting union.

In Old English Law. A swearing together; an. oath administered to several together; a combination or confederacy under oath. Cowell; Blount; Tomlin. In Old European Law. A compact

In old English law. One who swears or is sworn with others; one bound by oath with others; a compurgator; a conspirator. Britt. 27, 120; Fleta, lib. 2, c. 47, § 6.

An agreement or consent, indirectly given, that something unlawful shall be done by another. A married party's corrupt consenting to evil conduct, of which afterwards he complains.

In French law. An instrument, signed by the master of a ship or his agent, containing a description of the goods, loaded on a ship, the persons who have sent them, the persons to w

In Spanish law. A recognizance. White, New Recop. bk. 3, tit. 7, c. 5, § 3.

In Spanish law. A bill of lading. In the Mediterranean ports it is called poliza de cargamiento. For the requisites of this instrument, see Code Comm. Spain, arts. 799-811. CdNPOSS

In Norman and old l English law. The first purchaser of an estate; he who first brought an estate into his family. 2 Bl. Comm. 243.

In old English and Scotch law. Same as "conquereur." CONQUEST (Lat. conquiro, to seek for), In Feudal Law. Purchase; any means of obtaining an estate out of the usual course of inh

In French law. The name given to every acquisition which the husband and wife, jointly or severally, make during the conjugal community. Thus, whatever is acquired by the husband a

In feudal law. A purchaser, acquirer, or conqueror. 2 Bl. Comm. 242, 243.

A brother who has the same father. 2 Bl. Comm. 231.

One within the degrees of consanguinity. CONSANGUINEUS EST QUASI EODEM sanguine natus. A person related by con- CONSANGUINITY (Lat. eonsanguis, blood together). The relation subsis

COURTS OF. Courts, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; otherwise and more commonly Called "Cour

A council of the family. In French law, certain acts require the sanction of this body. For example, a ^ardian can neither accept nor reject an inheritance to which the minor has s