Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Commune consilium the realm [Parhament]. Complea, a civil action. Commune Communia: common things, turbariae, pasturae: comwhich see. Communia plato placita coronae, criminal Commu

Beasts of the the land.

v. Commons, 2.

Exchequer, Pleas at Lancaster, Pleas Except, however, the apin Chancery (Court, court of appeal in bank- Appeal in Chancery of jurisdiction, whether

1. Land set apart for ple have rights of common of England not peers of the realm.

I. Dwe Uing;

I. Persons dying in an accident.

/. To common.

/. Community Communitas regni Angliae, /. Communiter usitata et approbata, and approved. Commutation of tithes. Their ment. Comparatio literarum, I.

commune, I. regni: the common council of mune placitum: a common vinculum: a mutual bond. common. Communia piscariae, mon of piscary, turbary, pasture, cita: common pleas, as oppos

/. To appear. at the day, a plea to the action

I. (Set-off hence, they hold under different accruing at different times; or words importing that the grantees There is no right of survivorship, to both dower and courtesy. plough

I. To manure.

/. To be proper, available. Competit assiaa: an assize lies.

I. To settle, compromise suits.

An agreement, compromise., A real composition: an agreement made between the parson and land-owner, with consent of the ordinary and patron, that certain lands shall be discharged

/. Sound in miud.

computus, I, An account. De computo: the old action of account.

v. Lareem/.

/. The eleven,persons who swore with the defendant, in a trial by wager of law, that he was not guilty, or did not owe the plaintiff anything; the twelve persons who swore with the

/. To grant. Concede: I grant. Concessi: I granted.

/. A grant by deed, one of the common assurances.

To end, determiue; to estop, bonclusion to the country: the tender of issue to be tried by jury, at the end of a plea of traverse.

Concordia, I. An agreement, accord, v. Fine.

I. He trampled and destroyed.

/. To make, establish. Condidit (he made): a plea on a suit attacking a w Ul, that the testator made it and was o£ sound mind.

/. A condition. Affirmative condition: which requires something to happen, or be done, like positive condition; negative or restrictive, one which requires something not to be done

/. Condonation, the forgiveness, either breach of marital duty, repeated. Conduct-money. Money penses and maintenance.

I. A hiring,

(Accounts to receive cone and key keeping — at fourteen Condition compulsory or single: one some special thing to be done. Condition in fact: one made by special words, paropposed

fr., Confectio, /. The making or execution of a written instrument or deed. Confessio in judicio omni probatione major est, /. A confession made in court is greater than all proof.

Pleas are so termed which impliedly admit the facts alleged iu the declaration, but aver more facts which obviate their legal effect; the ordinary special plea; v. Plea.

pro, /. v. Pro. Confirmare nemo potest prius quam jus ei acciderit, I. No one can confirm [release] a right before it has fallen to him. v. Confirmation. Confirmat usum qui tollit

I. The Stat. 25 Ed. I., confirming Magna Charta and the Carta de Foresta.

A deed of confirmation may be either by way of ratification, or perfecting grant, of a previous estate.

v. Sill, I. 2.

I. The mixing of goods (properly liquid) belonging to different persons, v. Commixtio. Cong^ d'accorder,/r. Leave to, accord; v. Fine. Cong6 d'emparler: leave to imparl; v. Imparla

or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the government of the. United States, and all claims which may be referred to it

I. Jointly; ^ — et divisim, and severally. Conquerer,^. To gain, acquire; couquereur, the conqueror, or first purchaser of an estate.

conquisitio, I. Conquest writ of cosinage. Prater consanguineus: a half-brother on the father's side.

Relationship by blood, as opposed to Affinity.

courts of. v. Court, 63.

I. ^ooteh law.) Knowledge that property held by one belongs to another. If the possessor knows thi Sj he is liable for violent profits, being in mala fide.

v. Contract.

Consent makes law. Consensus, non concubitus, facit matrimonium: consent (agreement of marriage), not consummation, makes marriage. Consensus tollit errorem: consent removes error

/. Silence gives consent. Consentire matrimonio non possunt infra annos nubiles: they cannot consent to marriage under the age of twelve.

A proceeding iiled by the defendant in an action of ejectment, by which he bound himself to admit all the necessary fictions. Consentientes et agentes pari poena plectentur, /. Tho

I. The judgment of the court.

Compensation; a jazW^ro yao. Good consideration: one founded on natural affection, blood relationship, as opposed to valuable consideration: a profit or loss capable of being estim

I. It is adjudged by the court.

in, I. v. Cam consimili.

v. Court, 80.

A code of sea laws in force about the Mediterranean from the eleventh century.

A rule for uniting several actions brought by the same parties on the same cause, whereby the parties are bound in all the actions according to the verdict in one. Consortium I. A

An unlawful sons to accomplish an means. Constat,;. It is clear, no doubt as to the person.

l. An act, Clarendon. Constructio legis non law works [must so be

(v. Trmt.) inferred, construed, or

To explain stronger word than ligible. Consuetude, pi. practice. Consuetudinibus tude debet esse tur: a custom should held as naught. another law. Consuetude Custom is the best oer

Litigious. upon matters disputed voluntary jurisdiction, pute. Contestatio litis, I. Contingency with a of fortunes; marriage, v. Per quod. combining together of two or more perunl

Dependent which may or may not Continual claim. A disseised, as near the entry to keep alive his

Adjournment, formerly entered on the was by dies datus, tion, by imparlance, if after issue, by not sent the writ; and the court icishes to difficult. Continuando, /. Bi/ trespass,

I. Against; good morals. Contra grant; v. Formedon. the form of the gift): lands to be held by alienated. Contra the feoffment): an old more services than his required to perform.

I., Contrat, the of on the happening of some other event, happen, v. Use, Remainder. sort of attempt at entry, made by a party land as possible. It -worked as an actual right if ma

I. (Countermand of a plea.) The respiting a defendant, giving him a longer time to answer.

/. Counter-plea.

I. A plea or answer.

I. Contro Eer. An auditor; a keeper of accounts.

animo furandi, est furtum, I. The touching another's property with intent to steal is theft.

1. A suit in equity, brought by one who has discharged a debt or liability, to compel those jointly liable to pay their share. 2. Ratable division of losses or liabilities. Contrib

A present or past member of a company now being wound who be compelled to contribute to the assets Contumace capiendo, t. Be.

Contempt of court; persistent

Conusor, Conusee, etc. t. Cognizance, sans, //•.: acknowledgment. Conusant: known. Cognustre: to acknowledge. entering into a recognizance for debt. Conusee whom it is given.

I. To gain strength; to become Convenable,/r. Suitable; agreeable; fitting.

I. To sue; to prosecute; to covenant. it is (or was) agreed. Conventio: an agreement,

I. [Express] agreement law. Conventio privatorum non potest rogare: the agreement of private persons cannot lic right.

/. Conversant; acquainted;

1. Wrongful appropriation of one's own use. 2. In equity, that change in erty by which, for certain purposes, real estate personal, and personal estate as real, and scendible as su

Conveer,/r. To transfer. Conveyance: effecting a transfer of property, usually real will, a lease for a short term, or an executory It is original or primary, if by it an estate cr

I. Covered; covert.

Land is held in coparcenary when there is " unity of title, possession, and interest." It happens when land falls to two or more persons by descent ai intestato; as to two or more

/. 1. Opportunity; means of access. 2. A copy. Copulatio verborum indicat acceptationem in eodem sensu, l. The coupling together of words shows that they are to be understood in th

Tenure of manor lands by copy of court roU, at the will of the lord, according to the custom of the manor. Originally pure villeinage, it has gradually become divested of its base

The person charged with adultery with the husband or wife in a suit for divorce.

Tenure by winding an alarm-horn; a species of grand

/. Crown. Plaoita ual actions.

/., Coroner. A cerning sudden deaths, sliipwrecks, were also conseryators of the the sheriff.

An oath taken solemn oath. Corporalis injuria non recipit A personal injury cannot course of proceedings.

An artificial legal change or succession of its contract, usually under a common by by-laws. It is a corporation son; aggregate, if of more ecclesiastical, if constituted purposes;

/. Body. The capital all the inhabitants of a county, cum causa: v. Habeas corpus. of the fault): the fact that a the subject of the crime, or num non recipit sestimationem ceptibl

v. Attainder.

A mortuary offering, generally the second-best beast of a person to be buried, taken along with the corpse and presented to the priest, v. Mortuary.

sax. The morsel of execration; a piece of barley bread given to an accused with solemn oaths and incantations. If it stuck in his throat, he was deemed guilty. Cosinage,/?-. Collat

Cotagium, /. A cot, cottage. Cotarius: a cottager.

Land held by a cottager in socage or villeinage.

A dwelling-house, with a garden. Couchant et levant,y>. Lying down and rising up; v. Levant. Coucher de soel: sunset. >

A distinct statement of the cause of action in a declaration, or of the charge in an indictment. In real action, the declaration. Counter,//-., Count. To declare; to plead orally.

A plea answering some matter incidental to the main object of the suit; as in answer to Aid-prayer, Oyer, Voucher.

A roll or account kept by one officer as a check upon another. Countez,/r. (Count ye.) A direction given by the clerk of the court to the crier to count the jury. Countour,//-., Co

The inhabitants of a district from which a jury is to be summoned. To put one's self on the country is to claim jury trial. Country cause: a cause out of London and Middlesex.

A city or town with land annexed, privileged to be a county by itself County court: v. Court, 29, 41. County Palatine: a county where the owner had royal privileges, as of pardonin