The Cyclopedic Law Dictionary

In French law. The civil process of arrest of the person, which is imposed upon vendors falsely representing their property to be unincumbered, or upon persons mortgaging property

Against common right or law; contrary to the rule of the common law. Bracton, fol. 48b. CONTRA LEGEM FACIT QUI ID FACIT quod lex prohibet; in fraudem vero qui, salvia verbis legiis

Against the law of the land. Mag. Ch. Johan. c. 65. CONTRA NEGANTEM PRINCIPIA NON est disputandum. There is no disputing against one who denies principles. Co. Litt. 43; Grounds &

In old English law. Counter obligation. Literally, counter binding. Est enim obligatio quasi contraligatio. Fleta, lib. 2, c. 56, § 1.

A countermanding. Contramandatio placiti, in old English law, was the respiting of a defendant, or giving him further time to answer, by countermanding the day fixed for him to ple

A lawful excuse, which a defendant in a suit by attorney alleges for himself to show that the plaintiff has no cause of complaint. Blount.

Against all people; formal words in old covenants of warranty. Fleta, lib. 3, c. 14, § 11. CONTRA PACEM (Lat. against the peace). In pleading. An allegation in an action of trespas

In old English law. A counter plea. Towns. PI. 61.

In old English law. A plea or answer. Blount. A counter position.

This word was used in the time of Edw. II. to signify those who were opposed to the government, but were neither rebels nor traitors. Jacob. CONTRARIORUM CONTRARIA EST RAtlo. The r

An officer of the exchequer that writeth out summons twice every year to the sheriffs to levy the farms (rents) and debts of the pipe. Blount. • CONTRAT. In French law. Contracts.

In civil law. Against the will (testament). Dig. 37. 4.

In old English law, A counter tally. A term used in the exchequer. Mem. in Scacc. M. 26 Edw. I.

To hold against; to withhold. Whishaw.

In old English law. Against gage and pledge. Bracton, fol. 15b; Fleta, lib. 1, c 42, § 2. CONTRA VERITATEM LEX NUNQUAM aliquid permittit. The law never suffers anything contrary to

In French law. An act which violates the law, a treaty, or an agreement which the party has made. That infraction of the law punished by a fine which does not exceed fifteen francs

In civil law. The removal of a thing from its place, amounting to a theft. The offense is purged by a restoration of the thing taken. Bowyer, Comm. 268. CONTRECTATIO REI ALIENAE AN

In French law. The offense of those who print or cause to be printed, without lawful authority, a book of which the author or his assigns have a copyright. Merlin, Repert.

In French law. The second ofiicer in command of a ship; the officer next in command to the master, and under him. His business is said to relate to providing fit things for the nav

At Common Law. The payment by each or any one of several parties who are liable, in company with others, of his proportionate part of the whole liability or loss, to one or more of

Failure of one injured by the negligence of another to use ordinary care, which failure is a concurrent cause with that of such other person in producing the injury.

A comptroller (g. v.)

In old English law. The controlling or checking of another officer's account; the keeping of a counter roll. Sometimes called "contra ro Ument."

One who Invents false news. Coke, 2d Inst. 227.

' A dispute arising between two or more persons. It differs from case, which includes all suits, criminal as well as civil; whereas controversy is a civil, and not a criminal, proc

In civil law. A marriage between persons of whom one or both were slaves. Poth. Cent. pt. 1, c. 2, § 4. CONTUMACY (Lat. contumacia, disobedience). The refusal or neglect of a party

One accused of a crime who refuses to appear and answer to the charge; an outlaw.

In medical jurisprudence. An injury or lesion, arising from the shock of a body with a large surface, which presents no loss of substance, and no apparent wound. If the skin be div

CLAIM OF. See "Cognizance."

One who knows; as, if a party knowing of an agreement in which he has an interest makes no objection to it, he is said to be conusant. Co. Litt. 157.

A cognizor.

In old English law. Suit-

In civil law. To bring an action,

The fraternity of a religious house, as of an abbey or priory. The word though in common usage restricted to companies of women, properly embraces companies of either men or women

A private assembly of a few folks under pretense of exercise of religion. The name was first given to the meetings of Wickliffe, but afterwards applied to the meetings of the nonco

In Civil Law. A general term which comprehends all kinds of contracts, treaties, pacts, or agreements. The consent of two or more persons to form with each other an engagement, or

Those estates for life which are expressly created by the act of the parties, as distinguished from legal estates, or those which are created by operation of law. 2 Bl. Comm. 120.

The name of a writ for the breach of any covenant in writing, whether real or personal. Keg. Orig. 115; Fitzh. Nat. Brev. 145.

The agreement of the parties overcomes or prevails against the law. Story, Ag. § 368; 6 Taunt. 430. See Dig. 16. 3. 1. 6.

In ecclesiastical law. That which consists of regular clerks, professing some order or religion; or of dean and chapter; or other societies of spiritual men.

Religious men united in a convent or religious house. Cowell. CONVENTUS (Lat. convenire). An assembly; conventus magnatum vel procenim, an assemblage of the chief men or nobility;

A Roman provincial court for the determination of civil causes.

One who is in the habit of being in a particular place is said to be conversant there. Barnes, 162, Acquainted; familiar.

In old English law. Conversant or dwelling; commorant. 2 Inst. 122. CONVERSION (Lat. eon, with, together, vertere, to turn; conversio, a turning to, with, together). In Equity. The

"Convertible coupon bonds" have been defined as coupon bonds which expressly provide that they may, at the option of the holder, be converted into registered bonds. However, bonds

The use of the word "convey" is equivalent to a grant at common law, and passes the title, importing a transfer of title from one person to another. 153 111. 510.

The transfer of the title of land from one person or class of persons to another. The instrument for effecting such transfer. It is a general term, and comprehends the several mode

The transfer of the title to vessels.

One who makes it his business to draw deeds of conveyance of lands for others. 1 Bouv. Inst, note 2422. They frequently act as brokers for the sale of estates and obtaining loans o

A term including both the science and act of transferring titles to real estate from one man to another. It includes the examination of the title of the alienor, and also the prepa

By Ax!t 15 6 16 Vict. c. 80, § 41, the lord chancellor is empowered to appoint not less than six barristers, who have practiced as conveyancing counsel for ten years at least, to b

In civil law. The name of a species of slander or injury uttered in public, and which charged some one with some act contra bonos mores. Vicat: Bac. Abr. "Slander."

One who has been condemned by a competent court; one who has been convicted of a crime or misdemeanor. To condemn; to find guilty of a crime or misdemeanor. 4 Bl, Comm. 362.

A Statute relative to the disqualification of those "convicted" of certain crimes, refers to the judgment of the court in a criminal case on the verdict of guilty, and not merely t

Overcoming by reason, argument, evidence; causing to believe. When one is convinced he cannot be more convinced. If evidence is convincing, it is sufficient in any case, and to say

A lay tenure, whereby a tenant is bound to provide meat and drink for his lord once or oftener in the year. The same as procn/ratio with the clergy. -Blount, CONVOCATION (Lat. eon,

A naval force, under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to

One who Is bound together with one or more others to fulfill an obligation. As to suing co-obligors, see "Parties;" "Joinder, etc."

A name given in the grain markets and among grain dealers to a certain grade of oats for which it was required only that the grain be sound and arrive at its destination "cool" and

Tranquillity, or calmness; the condition of one who has the calm and undisturbed use of his reason. In cases of homicide, it frequently becomes necessary to ascertain whether the a

In criminal law. Time for passion to subside and reason to interpose. Cooling time destroys the effect of provocation, leaving homicide murder, the same as if no provocation had be

The act of working together to a common end or for a certain purpose. The word is used in this sense in the law of maritime capture. "Co-operation," which will give a title to boot

or CO-OPERTURA (Law Lat. from co-operire, to cover). In forest law. A covert; a thicket (dumetum) or shelter for wild beasts in a forest. Cart. de Foresta, c. 12; Reg. Orig. 258; S

ESTATES IN. Estates of which two or more persons form one heir. 1 Washb. Real Prop. 414. The title to such an estate is always by descent. The shares of the tenants need not be equ

Persons to whom an estate of inheritance descends jointly, and by whom it is held as an entire estate. 2 Bl. Comm. 187. In the old English and the American sense, the term includes

In old English law. A coparcener. Co. Entr. 377, 711.

One who is a partner with one or more other persons; a member of a partnership {q. v.)

A partnership (q. v.)

In Scotch law. The contract of copartnership; a contract by which the several partners agree concerning the communication (sharing) of loss or gain, arising from the subject of the

or COPPE (Saxon). A hill. Co. Litt. 4b. The top or summit of a thing, as of a house. Cowell. A tribute paid out of lead mines in England. Blount.

or COPESMAN. A chapman (q. V.)

A merchant; a partner In merchandise. COPIA (Lat.) In civU and old Etaglish law. Opportunity or means of access.

In Scotch practice. A true copy; words written at the top of copies of instruments. 3 How. St. Tr. 427, 430, 432.

In English law. A crop or cock of grass, hay, or corn, divided into titheable portions, that it may be more fairly and justly tithed. Wharton.

or COPSE. A small wood, consisting of underwood, which may be cut at twelve or fifteen years' growth for fuel.

Sexual intercourse; the consummation of marriage. COPULATIO VERBORUM INDICAT ACceptatlonem in eodem sensu. Coupling words together shows that they ought to be understood in the sam

One which Is placed between two or more others to join them together.

A true transcript of an original writing. Exemplifications are copies verified by the Examined copies are those which have been compared with the original, or with an ofiicial reco

A tenure by copy of courtroll; any species of holding by particular custom of the manor; the estate so held.

A tenant by copyhold tenure (by copy of court roll). 2 Bl. Comm. 95.

The exclusive privilege, secured according to certain legal forms, of printing, publishing, and vending copies of writings or drawings. 14 How. (U. S.) 530. Literally the word "cop

Measures of com. An unusual and extraordinary tribute, arising only on special occasions. They are thus distinguished from services. Mentioned in connection with hidage and carvage

A cause is "coram Judice" whenever a case is presented which brings into action the power of jurisdiction. 139 111. 516.

A writ of error on a judgment in the king's bench is called a coram nobis, before us. So called because the record and proceedings were stated in the writ to remain "before us." 1

Acts done by a court which has no jurisdiction either over the person, the cause, or the process, are said to be coram, non judice. 1 Conn. 40. Such acts have no validity. If an ac

Before the peers or freeholders. The attestation of deeds, like all other solemn transactions, was originally done only coram pa Hbiis. 2 Bl. Comm. 307.

Before the suitors. Cro. Jac. 582.

A writ of error on judgments of other courts than the king's bench. 2 Tidd, Prac. 1056, 1137. So called because the record was stated to remain "before you," i. e., before the just

In England, where a husband brings a suit against his wife charging her vdth adultery, the alleged adulterer must, as a rule, be made a party to the petition as a co-respondent. If

A species of tenure in England, by which the tenant was bound to blow a horn for the sake of alarming the country on the approach of an enemy. Bac. Abr. "Tenure" (N).

A term used in the stock market, meaning cases where a purchaser succeeds in buying for future delivery more property of a given kind than is possible for the seller to deliver bef

A commissioned ofiacer in a regiment of calvary.

Laws regulating the trade in breadstuffs. The object of corn laws is to secure a regular and steady supply of the great staples of food; and for this object the means adopted in di

Rents reserved in corn, — that is, in wheat or malt. Proportions of rents on college leases (being one-third), directed by St. 18 Eliz. c. 6, to be reserved in wheat or malt. 3 Ste

An allowance of meat, drink, money, clothing, lodging, and such like necessaries for sustenance. 1 Bl. Comm. 282; 1 Chit. Prac. 225. An allowance from an abbey or house of religion

In old English law. The clergy who abuse their character were so called. Blount.

In old records. To give the tonsure, which was done on the crown, or in the form of a crown; to make a man a priest. Cowell.

To make one's son a priest. Homo coronatus was one who had received the first tonsure, as preparatory to superior orders, and the tonsure was in form of a corona, or crown of thorn

An officer whose principal duty it is to hold an inquisition, with the assistance of a jury, over the body of any person who may have come to a violent death, or who has died in pr

In old English law. A corporal oath. CORPORALIS INJURIA NON RECIPIT aestimationem de futuro. A personal injury does not receive satisfaction from a future course of proceeding. Bac