The Cyclopedic Law Dictionary

In French law. When a person has been subjected to an interdiction on the ground of his insane extravagance, but the interdiction is not absolute, but limited only, the court of fi

In civil law. A contract completed by the consent of the parties merely, without any further act. The contract of sale, among the civilians, is an example of a consensual contract,

NON CONCUBITUS, FACIT inatrlmonium. Consent, not coition, constitutes marriage. Co. Litt. 33a; Dig. 50. 17. 30. See 10 Clark & F. 534; 1 Bouv. Inst. 103; Broom, Leg. Max. (3d Londo

NON CONCUBITUS, FAcit nuptias vel matrimonium, et consentire non possunt ante annos nublles. Consent, and not cohabitation, constitutes nuptials or marriage, and persons cannot con

Consent removes or obviates a mistake. Co. Litt. 126; Coke, 2d Inst. 123; Broom, Leg. Max. (3d London Ed.) 129; 1 Bing. N. C. 68; 6 EL & Bl. 338; 7 Johns. (N. Y.) 611. CONSENSUS VO

A decree based upon the consent or agreement of the parties, which may supersede both pleading and evidence and even go to the length of pointing out and limiting the relief to be

AJi eptry of record by the defendant, confessing the lease, entry, and ouster by the plaintiff, in an action of ejectment. This was, until recently, used in England and in those of

That which follows something on which it depends; that which is produced by a cause; connection of cause and effect; that.which follows from, or grows out of any act, cause or seri

Contempts which without gross insolence or direct opposition plainly tend to create a universal disregard of the authority of the courts. 72 111. App. 176.

Those damages or those losses which arise not from the immediate act of the party, but in consequence of such act. Those produced naturally, but not directly. CONSERVATOR (Lat. eon

He who hath an especial charge, by virtue of his office, to see that the king's peace be kept. Before the reign of Edward III., who created justices of the peace, there were sundry

In English law. Commissioners who are, by act of Parliament, given the control of a certain river.

The consideration of the court; that is, the judgment of the court implying consideration or study. CONSIDERATION (Law Lat. comideratio). The material cause which moves a contracti

To send goods to a factor or agent. To deposit with another to be sold, disposed of or cared for, as merchandise or movable property; to send goods to an agent, commission merchant

See "Consign."

From co Tisignare, to seal up. In Scotch Law. The payment of money into the hands of a third party, when the creditor refuses to accept of it. The person to whom the money is given

One to whom a consignment is made.

The goods or property sent by means of a common carrier by one or more persons, called the "consignors," in one place, to one or more persons, called the "consignees," who are in a

or DIES CONSILII. A day appointed to hear the counsel of both parties. A case set down for argument. It is commonly used for the day appointed for the argument of a demurrer, or er

The state council of the Roman emperors. Mackeld. Civ. Law, § 58.

In ecclesiastical law. An assembly of cardinals convoked by the pope. The consistory is either public or secret. It is public when the pope receives princes or gives audience to am

In English law. The courts of diocesan bishops held in their several cathedrals before the bishops' chancellor, or commissary, who is the judge, for the trial of all ecclesiastical

A code of sea laws, compiled by order of the ancient kings of Arragon. It comprised the ancient ordinances of the Greek and Roman emperors, and of the kings of France and Spain, an

In England. Usually abbreviated to consols. A fund for the payment of the public debt.

The orders regulating the practice of the English court of chancery, which were issued, in 1860, in substitution for the various orders which had previously been promulgated from t

In Civil Law. The union of the usufruct with the estate out of which it issues, in the same person, which happens when the usufructuary acquires the estate, or vice versa. In eithe

In practice. An order of the court requiring the plaintiff to join in one suit several causes of action against the same defendant which may be so joined consistently with the rule

Funds formed by the consolidation (of which word it is an abbreviation) of different annuities, which had been severally formed into a capital. See "Consolidated Fund." CONSORTIO M

Under the term "consortium," as applied to the relations of husband In Civil Law. A union of fortunes; one of the names of lawful marriage among the Romans. Tayl. Civ. Law, 284, A

An ancient writ that lay against conspirators. Reg. Orig. 134; Fitzh. Nat. Brev. 114.

Persons guilty of a conspiracy.

An ofilcer whose duty it is to keep the peace in the district which is assigned to bin). The most satisfactory derivation of the term and history of the origin of this office is th

The warden or keeper of a castle; the castellan. St. Westminster I. e. 7 (3 Edw. I.); Spelman. The constable of Dover Castle was also warden of the Cinque Ports. There was besides

An officer who was formerly entitled to command all the king's armies, in the absence of the king, and to take cognizance of all crimes committed within four miles of the king's pe

The territorial Jurisdiction of a constable. 5 Nev. & M. 261. CONSTABULARIUS (Lat.) An officer of horse; an officer having charge of foot or horse; a naval commander; an officer ha

A police force of a county, state or country. CONSTAT (Lat. it appears). A certificate by an officer that certain matters therein stated appear of record. See 1 Hayw. (N. C.) 410.

To constitute or establish. "Constating instruments" is used to denote the charter, etc., of a corporation. See 37 N. J. Eq. 363. CONSTITUENT (Lat. constituo, to appoint). He who g

In old English law. To establish; to appoint; to ordain. Used in letters of attorney, and translated "constitute." Applied generally, also, to denote "appointment." Reg. Orig. 172;

The officers properly appointed under the constitution for the government of the people. Those powers which the constitution of each people has established to govern them, to cause

In Civil Law. An establishment or settlement. Used of controversies settled by the parties without a trial. Calv. Lex. A sum paid according to agreement. Du Cange. An ordinance or

Establishment of dower.

The form of government instituted by the people in their sovereign capacity, in which first principles and fundamental law are established. The supreme, permanent and fixed will of

That which Is consonant to, and agrees with, the constitution.

Constitutional provisions are self-executing when it appears they shall take immediate effect, and ancillary legislation is not necessary to the enjoyment of the right thus given,

Laws promulgated, i. e., enacted, by the Roman emperor. They were of the following kinds: (1) Edicta; (2) decreta; (3) rescripta, called, also, "epistolae." Sometimes they were gen

See "Clarendon, Constitutions of."

In civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation. Inst. 4. 6. 9. CONSTITUTUM (Lat.) An agreement to pay a subsis

In Scotch law. Duress. It is a general rule that when one is compelled into a contract there is no effectual consent, though, ostensibly, there is the form of it. In such case, the

COURT OF. A court of equity or of common law, as the case may be, is called the "court of construction" with regard to wills, as opposed to the "court of probate," whose duty is to

Contracts for works of permanent improvement to realty, whether by the erection of

That which amounts, in the view of the law, to an act, although the act itself is not really performed. For words under this head, such as "constructive fraud," etc., see the vario

Customary or traditional law. CONSUETUDINES FEUDORUM (Lat. feudal customs). A compilation of the law of feuds or fiefs in Lombardy, made A. D. 1170. It is called, also, the "Book o

LICET SIT MAGNAE auctoritatis, nunquam tamen praejudicat manifestae veritati. A custom though it be of great authority, should never, however, be prejudicial to manifest truth. 4 C

A custom ought to be certain. Dav. 33.

Cu Btom Is another law. 4 Coke, 21. CONSUETUDO EST OPTIMUS INTERpres legum. Custom is the best expounder of the law. Coke, 2d Inst. 18; Dig. 1. 3. 37; Jenks. Cent. Cas. 273. CONSUE

neque tolli potest. A custom can neither arise nor be abolished by a wrong. Lofft, 340. CONSUETUDO NON HABITUR IN CONsequentiam. Custom is not to be drawn into a precedent. 3 Keb.

A commercial agent of a country residing in a foreign seaport, whose duty is to promote the commerce of the state commissioning him. 83 Tex. 88. He is not a diplomatic agent, and h

Courts wherein, pursuant to treaty, the consul exercises judicial powers in cases involving the rights of citizens of the country by which he is commissioned. 1 Kent, Comm. 42.

In eccleslas Ucal law. A church full or provided for. Cowell.

The opinion of a court of law on a special case. Wharton.

The name of a writ whereby a cause, being formerly removed by prohibition out of an inferior court into some of the king's courts in Westminster, is returned thither again; for, if

Complete; finished; entire. A marriage is said to be consummate. A right of dower is inchoate when coverture and seisin concur, consummate upon the husband's death. 1 Washb. Real P

In English law. The commission received for carrying over or putting off the time of execution of a contract to deliver stocks or pay for them at a certain time. Wharton. CONTEK (L

A person guilty of contempt of court.

As applied to transfers of property by an insolvent. In contemplation of committing an act in bankruptcy (q. v.), or of applying for the benefits of the bankrupt law. 13 How. (U. S

A willful disregard or disobedience of a public authority, whether judicial or legislative. Contempts are either (1) civil or (2) criminal. (1) Civil contempts are those quasi cont

Contemptuously. CONTENEMENTUM (Law Lat. from eon, together, and tenementum, a tenement, or thing holden). Countenance; appearance; credit or reputation.

In ebclesiastical law. That which exists in cases where there is an action or judicial process, and matter in dispute is to be heard and determined between party and party. It is t

Adjacent or adjoining; having common boundaries. Hale, Hist. Com. Law, 98.

Struggle for superiority In legal usage, a litigation. The word "contest," in constitutions and statutes, is a word of art. It means a litigation. It implies a plaintiff and a defe

In Civil Law. The statement and answer of the plaintiff and defendant, thus bringing the case before the judge, conducted usually in the presence of ^witnesses. Calv. Lex. This sen

In an ecclesiastical cause, that stage of the suit which is reached when the defendant has answered the libel by giving in an allegation (q. V.) If he confesses the libel, he is sa

In close proximity. 69 N. Y. 191, 25 Am. Rep. 168; affirming 7 Hun. (N. Y.) 455. United or joined together. 261 111. 99. Adjacent; in actual contact; touching; near. 143 111. App.

In Spanish law. Contlnency or unity of the proceedings in a cause. White, New Eecop. bk. 3, tit. 6, c. 1.

In the Roman law. Continuing; holding together; joined together. Applied to buildings in the suburbs of Rome. Dig. 50. 16. 2.

In old English practice. Continuance or connection. Applied to the proceedings in a cause. Bracton, fol. 362b. Countenance. Pleta, lib. 1, c. 48, § 2.

An event which may or may not occur; that which is possible or probable; a fortuitous event; a chance. 82 111. App. 526. A contingency has the element of uncertainty and doubt, and

Those given where the issues upon counts to which no demurrer has been filed are tried before demurrer to one or more counts in the same declaration has been decided. 1 Strange, 43

A Contingent estate depends for its effect upon an event which may or may not happen; as, an estate limited to a person not in esse, or not yet born. Crabb, Real Prop. § 946. Disti

A legacy made dependent upon some uncertain event. 1 Rop. Leg. 506. A legacy which has not vested. Williams, Ex'rs.

An estate in remainder which is limited to take effect either to a dubious and uncertain person, or upon a dubious and un'^ertain event, by which no present or particular interest

A use limited In a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use. Such a use as by possibilit

In old English law. A formal claim made by a party entitled to enter upon any lands or tenements, but deterred from such entry by menaces, or bodily fear, for the purpose of preser

See "Consideration."

A guaranty limited as to amount but not limited as to time will in general be construed as a continuing guaranty unless the circumstances A guaranty which merely limits the amount

The expression "continuing injury," as applied to the right to maintain successive actions, means no more than that the case involves a transient injury, where the cause of such in

The failure of a levee and sanitary district to provide sufficient outlet for surface water from adjoining land outside the district, so that a tenant of such adjoining land may ha

See "Basement." CONTRA (Lat.) Over; against; opposite; per contra, in opposition.

In international law. Goods which neutrals may not carry in time of war to either of the belligerent nations without subjecting themselves to the loss of the goods, and formerly th

Against sound morals. \ Contracts which are incentive to crime, or of which the consideration is an obligation or engagement improperly prejudicial to the feelings of a third party

One who enters into a contract. Those who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed price, or to furnish goods to a

In Roman law, those contracts (e. g., emptio venditio) which admitted of equitable defenses and other equitable consideration. They were opposed to contracts stricti juris (e. g.,

In Roman law. Those contracts (e. g., venditio) which were actionable either in virtue of the old common law, or by virtue of any particular statute. They were opposed to the contr

VEL contra bonos mores nullus est. A contract founded on a base and unlawful consideration, or against good morals, is null. Hob. 167; Dig. 2, 14. 27. 4. CONTRACTUS LEGEM EX CONVEN

In practice. To prove a fact contrary to what has been asserted by a witness.

Express, patent, inconsistency between parts of a clause or of an instrument.

In Spanish law. Counter letter. An instrument, usually executed in secret, for the purpose of showing that an act of sale, or some other public instrument, has a different purpose

In old English law. A writ that issued where lands given in perpetual alms to lay houses of religion, or to an abbot and convent, or to the warden or master of an hospital and his

Against the form of the grant. See "Formedon."

A writ that lay for the heir of a tenant, enfeoffed of certain lands or tenements, by charter of feoffment from a lord to make certain services and suits to his court, who was afte