From: Subject: Bouvier's Law Dictionary, 1856 Edition - Letter C Date: Tue, 1 May 2007 22:05:27 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_000A_01C78C3C.D3C296A0" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 This is a multi-part message in MIME format. ------=_NextPart_000_000A_01C78C3C.D3C296A0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Bouvier's Law Dictionary, 1856 Edition - Letter = C

Bouvier's Law Dictionary
1856 Edition

C

CABALLERIA, Spanish law. A measure of land, which is different = in=20 different provinces. Diccionario por la Real Academia. In those parts of = the=20 United States, which formerly belonged to Spain, the caballeria is a lot = of one=20 hundred feet front and two hundred feet deep, and equal, in all = respects, to=20 five peonias. (q. v.) 2 White's Coll. 49; 12 Pet. 444. note. See = Fanegas.

CABINET. Certain officers who taken collectively make a board; = as, the=20 president's, cabinet, which is usually composed of the secretary of = state,=20 secretary of the treasury, the attorney general, and some others.

2. These officers are the advisers of the president.

CADASTRE. A term derived from the French, which has been = adopted in=20 Louisiana, and which signifies the official statement of the quantity = and value=20 of real property in any district, made for the purpose of justly = apportioning=20 the taxes payable on such property. 3 Am. St. Pap. 679; 12 Pet. 428, = n.

CADET. A younger brother, one trained up for the army or = navy.

CADI. The name of a civil magistrate among the Turks.

CALENDER. An almanac. Julius Caesar ordained that the Roman = year=20 should consist of 365 days, except every fourth year, which should = contain 366,=20 the additional day to be reckoned by counting the twenty-fourth day of = February=20 (which was the 6th of the calends of March) twice. See Bissextile is = period of=20 time exceeds the solar year by eleven minutes or there abouts, which = amounts to=20 the error of a day in about 131 years. In 1582, the error amounted to = eleven=20 days or more, which was corrected by Pope Gregory. Out of this = correction grew=20 the distinction between Old and New Style. The Gregorian or New Style = was=20 introduced into England in 1752, the 2d day of September (0. S.) of that = year=20 being reckoned as the 14th day of September, (N. S.) glee Almanac.

CALENDER, crim. law. A list of prisoners, containing their = names, the=20 time when they were committed, and by whom, and the cause of their=20 commitments.

CALIFORNIA. The name of one of the states of the United = States. It was=20 admitted into the Union, by-an Act of Congress, passed the 9th = September, 1850,=20 entitled "An act for the admission of the state of California into the=20 Union."

1. This section enacts and declares that the state of California = shall be one=20 of the United States, and admitted into the Union on an equal footing = with the=20 original states, in all respects whatever.

2. Enacts that the state of California shall be entitled to two=20 representatives, until the representatives in Congress shall be = apportioned=20 according to the actual enumeration of the inhabitants, of the United=20 States.

3. By this section a condition is expressly imposed on the said state = that=20 the people thereof shall never interfere with the primary disposal of = the public=20 lands within its limits, nor pass any law, nor do any act, whereby the = title of=20 the United States to, and right to dispose of the same, shall be = impaired or=20 questioned. It also provides that they shall never lay any tax, or = assessment of=20 any description whatever, upon the public domain of the United States; = and that=20 in no case shall non-resident proprietors, who are citizens of the = United=20 States, be taxed higher than residents; that all navigable waters within = the=20 said state shall be common highways, forever free, as well to the = inhabitants of=20 said state, as to citizens of the United States, without any tax, impost = or duty=20 therefor; with this proviso, viz., that nothing contained in the act = shall be=20 construed as recognizing or rejecting the propositions tendered by the = people of=20 California, as articles of compact in the ordinance adopted by the = convention=20 whicb formed the constitution of that state.

2. The principal features of the constitution, of California, are = similar to=20 those of most, of the recently formed state constitutions. It = establishes an=20 elective judiciary, and: confers on the executive a qualified veto. It = prohibits=20 the creation of a state debt exceeding $300,000. It provides for the = protection=20 of the homestead from execution, and secures the property of married = females=20 separate from that of their husbands. It makes a liberal provision for = the=20 support of schools, prohibits the legislature from granting divorces,=20 autborizing lotteries, and creating corporations, except by general = laws, and=20 from establishing any bank's of issue or circulation. It provides also = that=20 every stockholder of a corporation or joint-stock association, shall be=20 individually and personally liable for his proportion of all its, debts = or=20 liabilities. There is also a clause prohibiting slavery, which, it is = said, was=20 inserted by the unanimous vote of the delegates.

CALLING THE PLAINTIFF, practice. When a plaintiff perceives = that he=20 has not given evidence to maintain his issue, and intends to become = nonsuited,=20 he withdraws himself, when the cryer is ordered to call the plaintiff, = and on=20 his failing to appear, he becomes nonsuited. 3 Bl. Com. 376.

CALUMNIATORS, civil law. Persons who accuse others, whom they = know to=20 be innocent, of having committed crimes. Code 9, 46, 9.

CAMBIST. A person skilled in exchange; one who deals or trades = in=20 promissory notes or bills of exchange.

CAMERA STELLATA, Eng. law. The court of the Star Chamber, now=20 abolished.

CAMPARTUM. A part or portion of a larger field or ground, = which would=20 otherwise be in gross or common. Vide Champerty.

CANAL. A trench dug for leading water in a particular = direction, and=20 confin- ing it.

2. Public canals are generally protected by the law which authorizes = their=20 being made. Various points have arisen under numerous laws authorizing = the=20 construction of canals, which have been decided in cases reported in 1 = Yeates,=20 430; 1 Binn. 70; 1 Pennsyl. 462; 2 Pennsyl. 517; 7 Mass. 169; 1 Sumu. = 46; 20=20 Johns. 103, 735; 2 Johns. 283; 7 John. Ch. 315; 1 Wend. 474; 5 Wend. = 166; 8=20 Wend. 469; 4 Wend. 667; 6 Cowen, 698; 7 Cowen, 526 4 Hamm. 253; 5 Hamm. = 141,=20 391; 6 Hamm. 126; 1 N. H. Rep. 339; See River.

CANCELLARIA CURIA. The name formerly given to the court of=20 chancery.

CANCELLATION. Its general acceptation, is the act of crossing = a=20 writing; it is used sometimes to signify the manual operation of tearing = or=20 destroying the instrument itself. Hyde v. Hyde, 1 Eq. Cas. Abr. 409; = Rob. on=20 Wills, 367, n.

2. Cancelling a will, animo revocandi, is a revocation of it, and it = is=20 unnecessary to show a complete destruction or obliteration. 2 B. & = B. 650; 3=20 B. & A. 489; 2 Bl. R. 1043; 2 Nott & M'Cord, 272; Whart. Dig. = Wills, c.;=20 4 Mass. 462. When a duplicate has been cancelled, animo revocandi, it is = the=20 cancellation of both parts. 2 Lee, Ecc. R. 532.

3. But the mere act of cancelling a will is nothing, unless it be = done animo=20 revocandi, and evidence is admissible to show, quo animo, the testator = cancelled=20 it., 7 Johns. 394 2 Dall. 266; S. C. 2 Yeates, 170; 4 Serg. & Rawle, = 297;=20 cited 2 Dall. 267, n.; 3 Hen. & Munf. 502; Rob. on Wills, 365; = Lovel, 178;=20 Toll. on Ex'rs, Index, h. t.; 3 Stark. Ev. 1714; 1 Adams' Rep. 529 Mass. = 307; 5=20 Conn. 262; 4 Wend. 474; 4 Wend. 585; 1 Harr. & M'H. 162; 4 Conn. = 550; 8=20 Verm. 373; 1 N. H. Rep. 1; 4 N. H. Rep. 191; 2 Eccl. Rep. 23.

4. As to the effect of cancelling a deed, which has not been = recorded, see 1=20 Adams' Rep. 1; Palm. 403; Latch. 226; Gilb. Law, Ev. 109, 110; 2 H . Bl. = 263: 2=20 Johns. 87 1 Greenl. R. 78; 10 Mass. 403; 9 Pick. 105; 4 N. H. Rep. 191; = Greenl.=20 Ev. 265; 5 Conn. 262; 4 Conn. 450; 5 Conn. 86; 2 John. R. 84; 4 Yerg. = 375; 6=20 Mass. 24; 11 Mass. 337; 2 Curt. Ecc. R. 458.

5. As to when a court of equity will order an agreement or other = instrument=20 to be cancelled and delivered up, see 4 Bouv. Inst. n. 3917-22.

CANDIDATE. One who offers himself or is offered by others for = an=20 office.

CANON, eccl. law. This word is taken from the Greek, and = signifies a=20 rule or law. In ecelesiastical law, it is also used to designate an = order of=20 religious persons. Francis Duaren says, the reason why the ecclesiastics = called=20 the rules they established canons or rules, (canones id est regulas) and = not=20 laws, was modesty. They did not dare to call them (leges) laws, lest = they should=20 seem to arrogate to themselves the authority of princes and magistrates. = De=20 Sacris Ecclesiae Ministeriis, p. 2, in pref. See Law, Canon.

CANONIST. One well versed in canon or ecclesiastical law.

CANNON SHOT, war. The distance which a cannon will throw a = ball. 2.=20 The whole space of the sea, within cannon shot of the coast, is = considered as=20 making a part of the territory; and for that reason, a vessel taken = under the=20 cannon of a neutral fortress, is not a lawful prize. Vatt. b. 1, c. 23, = s. 289,=20 in finem Chitt. Law of Nat. 113; Mart. Law of Nat. b. 8, c. 6, s. 6; 3 = Rob. Adm.=20 Rep. 102, 336; 5 Id. 373; 3 Hagg. Adm. R. 257. This part of the sea = being=20 considered as part of the adjacent territory, (q. v.) it follows that=20 magistrates can cause the orders of their governments to be executed = there.=20 Three miles is considered as the greatest distance that the force of = gunpowder=20 can carry a bomb or a ball. Azun. far. Law, part 2, c. 2, art. 2, 15; = Bouch.=20 Inst. n. 1848. The anonymous author of the poem, Della Natura, lib. 5, = expresses=20 this idea in the following lines: Tanto slavanza in mar questo dominio, = Quant=20 esser puo d'antemurale e guardia, Fin dove puo da terra in mar = vibrandosi Correr=20 di cavo bronzo acceso fulinine. Far as the sovereign can defend his = sway,=20 Extends his empire o'er the watery way; The shot sent thundering to the = liquid=20 plain, Assigns the limits of his just domain. Vide League.

CAPACITY. This word, in the law sense, denotes some ability, = power,=20 qualifi- cation, or competency of persons, natural, or artificial, for = the=20 performance of civil acts, depending on their state or condition, as = defined or=20 fixed by law; as, the capacity to devise, to bequeath, to grant or = convey lands;=20 to take; or to take. and hold lands to make a contract, and the like. 2 = Com.=20 Dig. 294; Dane's Abr. h. t.

2. The constitution requires that the president, senators, and=20 representatives should have attained certain ages; and in the case of = the=20 senators and representatives, that out these they have no capacity to = serve in=20 these offices.

3. All laws which regulate the capacity of persons to contract, are=20 considered personal laws; such are the laws which relate to minority and = majority; to the powers of guardians or parents, or the disabilities of=20 coverture. The law of the domicil generally governs in cases of this = kind.=20 Burge. on Sureties, 89.

CAPAX DOLI. Capable of committing crime. This is said of one = who has=20 sufficient mind and understanding to be made responsible for his = actions. See,=20 Discretion.

CAPE, English law. A judicial writ touching a plea of lands = and=20 tenements. The writs which bear this name are of two kinds, namely, cape = magnum,=20 or grand, cape, and cape parvum, or petit cape. The petit cape, is so = called,=20 not so much on account of the smallness of the writ, as of the letter. = Fleta ,=20 lib. 6, c. 55, 40. For the difference between the form and the use of = these=20 writs, see 2 Wms. Saund. Rep. 45, c, d; and Fleta, ubi sup.

CAPERS. Vessels of war owned by private persons, and different = from=20 ordinary privateers (q. v.) only in size, being smaller. Bea. Lex. Mer. = 230.

CAPIAS, practice. This word, the signification of which is " = that you=20 take," is applicable to many heads of practice. Several writs and = processes,=20 commanding the sheriff to take the person of the defendant, are known by = the=20 name of capias. For example: there are writs of capias ad respondendum, = writs of=20 capias ad computandum, writs of capias ad satisfaciendum, &c., each=20 especially adapted to the purposes indicated by the words used for its=20 designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.

CAPIAS AD AUDIENDUM JUDICIUM, practice. A writ issued in a = case of=20 misdemeanor, after the defendant has appeared and found guilty, and is = not=20 present when called. This writ is to bring him to judgment. 4 BI. Com. = 368.

CAPIAS AD COMPUTANDUM, practice. A writ issued in the action = of=20 account render, upon the judgment quod computet, when the defendant = refuses to=20 appear, in his proper person, before the auditors, and enter into his = account.=20 According to the ancient practice, the defendant, after arrest upon this = process, might be delivered on main-prize, or in default of finding = mainpernors,=20 he was committed to the Fleet prison, where the auditors attended upon = him to=20 hear and receive his account. As the object of this process is to compel = the=20 defendant to render an account, it does not appear to be within the = scope of=20 acts abolishing imprisonment for debt. For precedents, see Thesaurus = Brevium,=20 38, 39, 40; 3 Leon. 149; 1 Lutw. 47, 51 Co. Ent. 46, 47; Rast. Ent. 14, = b,=20 15.

CAPIAS AD RESPONDENDUM, practice. A writ commanding the = sheriff, or=20 other proper officer, to "take the body of the defendant and to keep the = same to=20 answer, ad respondendum, the plaintiff in a plea," &c. The amount of = bail=20 demanded ought to, be indorsed on the writ.

2. A defendant arrested upon this writ must be committed to prison, = unless he=20 give a bail bond (q. v.) to the sheriff. In some states, (as, until = lately, in=20 Pennsylvania,) it is the practice, when the defendant is liable to this = process,=20 to indorse on the writ, No bail required in which case he need only give = the=20 sheriff, in writing, an authority to the prothonotary to enter his = appearance to=20 the action, to be discharged from the arrest. If the writ has been = served, and=20 the defendant have not given bail, but remains in custody, it is = returned C. C.,=20 cepi corpus; if he have given bail, it is returned C. C. B. B., cepi = corpus,=20 bail bond; if the defendant's appearance have been accepted, the return = is, " C.=20 C. and defendant's appearance accepted." According to the course of the = practice=20 at common law, the writ bears teste, in the name of the chief justice, = or=20 presiding judge of the court, on some day in term time, when the judge = is=20 supposed to be present, not being Sunday, and is made returnable on a = regular=20 return day. 1 Penna. Pr. 36; 1 Arch. Pr. 67.

CAPIAS AD SATISFACIENDUM, practice. A writ of execution issued = upon a=20 judgment in a personal action, for the recovery of money, directed to = the=20 sheriff or coroner, commanding him to take the defendant, and him safely = keep,=20 so that he may have his body in court on the return day, to satisfy, ad=20 satisfaciendum, the plaintiff. This writ is tested on a general teste = day, and=20 returnable on a regular return day.

2. It lies after judgment in most instances in which the defendant = was=20 subject to a capias ad respondendum before, and plaintiffs are subject = to it,=20 when judgment has been given against them for costs. Members of congress = and of=20 the legislature, (eundo, morando, et redezzndo,) going to, remaining at, = and=20 returning from the places of sitting of congress, or of the legislature, = are not=20 liable to this process, on account of their public capacity; nor are=20 ambassadors, (q. v.) and other public ministers, and their ,servants. = Act of=20 Congress of April 30, 1790, s. 25 and 26, Story's Laws United States, = 88; 1=20 Dunl. Pr. 95, 96; Com. Dig. Ambassador, B; 4 Dall. 321. In Pennsylvania, = women=20 are not subject to this writ except in actions founded upon tort, or = claims=20 arising otherwise than ex contractu. 7 Reed's Laws of Pa. 150. In = several of the=20 United States, the use of this writ, as well as of the capias ad = respondendum,=20 has been prohibited in all actions instituted for the recovery of money = due upon=20 any contract, express or implied, or upon any judgment or decree, = founded on any=20 contract, or for the recovery of damages for the breach of any contract, = with a=20 few exceptions. See Arrest.

3. It is executed by arresting the body of the defendant, and keeping = him in=20 custody. Discharging him upon his giving security for the payment of the = debt,=20 or upon his promise to return into custody again before the return day, = is an=20 escape, although he do return; 13 Johns. R. 366 8 Johns. R. 98; and the = sheriff=20 is liable for the debt. In England, a payment to the sheriff or other = officer=20 having the ca. sa., is no payment to the plaintiff. Freem. 842 Lutw. = 587; 2 Lev.=20 203; 1 Arch. Pr. 278. The law is different in Pennsylvania. 3 Serg. = & Rawle,=20 467. The return made by the officer is either C. C. & C., cepi = corpus et=20 comittitur, if the defendant have been arrested and held in custody; or = N. E.=20 I., non est inventus, if the officer has not been able to find him. This = writ=20 is, in common language, called a ca. sa.

CAPIAS PRO FINE, practice, crim. law. The name of a writ which = issues=20 against a defendant who has been fined, and who does not discharge it = according=20 to the judgment. This writ commands the sheriff to arrest the defendant = and=20 commit him to prison, there to remain till he pay the fine, or be = otherwise=20 discharged according to law.

CAPIAS UTLAGATUM English practice. A capias utlagatum is = general or=20 special; the former against the person only, the latter against the = person,=20 lands and goods.

2. This writ issues upon the judgment of outlawry being returned by = the=20 sheriff upon the exigent, and it takes its name from the words of the = mandatory=20 part of the writ, which states the defendant being outlawed utlagatum, = which=20 word comes from the Saxon utlagh, Latinized utlagatus, and signifies = bannitus,=20 extra legem. Cowel.

3. The general writ of capias utlagatum commands the sheriff to take = the=20 defendant, so that he have him before the king on a general return day,=20 wheresoever, &c., to do and receive what the court shall consider of = him.

4. The special capias utlagatum, like the general writ, commands the = sheriff=20 to take the defendant. The defendant is discharged upon an attorney's=20 undertaking, or upon giving bond to the sheriff, in the same manner as = when the=20 writ is general. But the special writ also commands the sheriff to = inquire by a=20 jury, of the defendant's goods and lands, to extend and appraise the = same, and=20 to take them in the king's hands and safely keep them, so that he may = answer to=20 the king for the value and issue's of the same. 2 Arch. Pr. 161. See=20 Outlawry.

CAPIAS IN WITHERNAM, practice. A writ issued after a return of = elongata or eloigned has been made to a writ of retorno habendo, = commanding the=20 sheriff to take so many of the distrainer's goods by way of reprisal, as = will=20 equal the goods mentioned in the retorno habendo. 2 Inst. 140; F. N. B. = 68; and=20 see form in 2 Sell. Pr. 169.

CAPIATUR, pro fine. The name of a writ which was issued to = levy a fine=20 due to the king. Bac. Ab. Fines and Amercements, in prin. See Judgment = of=20 Capiatur.

CAPITA, or PER CAPITA. By heads. An expression of frequent = occurrence=20 in laws regulating the distribution of the estates of persons dying = intestate.=20 When all the persons entitled to shares in the distribution are of the = same=20 degree of kindred to the deceased person, (e.g. when all are = grandchildren,) and=20 claim directly from him in their own right and not through an = intermediate=20 relation, they take per capita, that is, equal shares, or share and = share alike.=20 But when they are of different degrees of kindred, (e. g. some tho = children,=20 others the grandchildren or the great grandchildren of the, deceased,) = those=20 more remote take er stirpem or per stirpes, that is, they take = respectively the=20 shares their parents (or other relation standing in the same degree with = them of=20 the surviving kindred entitled) who are in the nearest degree of kindred = to the=20 intestate,) would have taken had they respectively survived the = intestate.=20 Reeves' Law of Descent, Introd. xxvii.; also 1 Rop. on Leg. 126, 130. = See Per=20 Capita; Per Stirpes; Stirpes;

CAPITAL, political economy, commerce. In political economy, it = is that=20 portion of the produce of a country, which may be made directly = available either=20 to support the human species or to the facilitating of production.

2. In commerce, as applied to individuals, it is those objects, = whether=20 consisting of money or other property, which a merchant, trader, or = other person=20 adventures in an undertaking, or which he contributes to the common = stock of a=20 partnership. 2 Bouv. Inst. n. 1458.

3. It signifies money put out at interest.

4. The fund of a trading company or corporation is also called = capital, but=20 in this sense the word stock is generally added to it; thus we say the = capital=20 stock of the Bank of North America.

CAPITAL CRIME. One for the punishment of which death is = inflicted,=20 which punishment is called capital punishment. Dane's Ab. Index, h. = t.

2. The subject of capital punishment has occupied the attention of=20 enlightened men for a long time, particularly since the middle of the = last=20 century; and none deserves to be more carefully investigated. The right = of=20 punishing its members by society cannot be denied; but how far this = right=20 extends, by the laws of nature or of God, has been much disputed by = theoretical=20 writers, although it cannot be denied, that most nations, ancient and = modern,=20 have deemed capital punishment to be within the scope of the legitimate = powers=20 of government. Beccaria contends with zeal that the punishment of death = ought=20 not to be inflicted in times of peace, nor at other times, except in = cases where=20 the laws can be maintained in no other way. Bee. Chap. 28.

3. It is not within the plan of this work to examine the question, = whether=20 the punishment is allowed by the natural law. The principal arguments = for and=20 against it are here given.

4.- 1. The arguments used in favor of the abolition of capital = punishment,=20 are;

5. - 1st. That existence is a right which men hold from God, and = which=20 society in body can, no more than a member of that society, deprive them = of,=20 because society is governed by the immutable laws of humanity.

6. - 2d. That, even should the right be admitted, this is a restraint = badly=20 selected, which does not attain its end, death being less dreaded than = either=20 solitary confinement for life, or the performance of hard labor and = disgrace for=20 life.

7. - 3d. That the infliction of the punishment does not prevent = crimes, any=20 more thau, other less severe but longer punishments.

8. - 4th. That as a public example, this punishment is only a = barbarous show,=20 better calculated to accustom mankind to the contemplation of bloodshed, = than to=20 restrain them.

9. - 5th. That the law by taking life, when it is unnecessary for the = safety=20 of society, must act by some other motive this can be no other than = revenge. To=20 the extent the law punishes an individual beyond what is requisite for = the=20 preservation of society, and the restoration of the offender, is cruel = and=20 barbarous. The law) to prevent a barbarous act, commits one of the same = kind,;=20 it kills one of the members of society, to convince the others that = killing is=20 unlawful.

10. - 6th. That by depriving a man of life, society is deprived of = the=20 benefits which he is able to confer upon it; for, according to the = vulgar=20 phrase, a man hanged is good for nothing.

11. - 7th. That experience has proved that offences which were = formerly=20 punished with death, have not increased since the punishment has been = changed to=20 a milder one.

12. - 2. The arguments which have been urged on the other side, = are,

13. - 1st. That all that humanity commands to legislators is, that = they=20 should inflict only necessary and useful punisliments; and that if they = keep=20 within these bounds, the law may permit an extreme remedy, even the = punishment=20 of death, when it is requisite for the safety of society.

14. - 2d. That, whatever be said to the contrary, this punishment is = more=20 repulsive than any other, as life is esteemed above all things, and = death is=20 considered as the greatest of evils, particularly when it is accompanied = by=20 infamy.

15. - 3d. That restrained, as this punishment ought to be, to the = greatest=20 crimes, it can never lose its efficacy as an example, nor harden the = multitude=20 by the frequency of executions.

16. - 4th. That unless this punishment be placed at the top of the = scale of=20 punishment, criminals will always kill, when they can, while committing = an=20 inferior crime, as the punishment will be increased only by a more = protracted=20 imprisonment, where they still will hope for a pardon or an escape.

17th. - 5th. The essays which have been made by two countries at = least;=20 Russia, under the reign of Elizabeth, and Tuscany, under the reign of = Leopold,=20 where the punishment of death was abolished, have proved unsuccessful, = as that=20 punishment has been restored in both.

18. Arguments on theological grounds have also been advanced on both = sides.=20 See Candlish's Contributions towards the Exposition of the Book of = Genesis, pp.=20 203-7. Vide Beccaria on Crimes and Punishments; Voltaire, h. t.; = Livingston's=20 Report on a Plan of a Penal Code; Liv. Syst. Pen. Law, 22; Bentham on=20 Legislation, part 3, c. 9; Report to the N. Y. Legislature; 18 Am. Jur. = 334.

CAPITATION. A poll tax; an imposition which is yearly laid on = each=20 person according to his estate and ability.

2. The Constitution of the United States provides that "no = capitation, or=20 other direct tax, shall be laid, unless in proportion to the census, or=20 enumeration, therein before directed to be taken." Art. 1, s. 9, n. 4. = See 3=20 Dall. 171; 5 Wheat. 317.

CAPITE, descents. By the head. Distribution or succession per = capita,=20 is said to take place when every one of the kindred in equal degree, and = not=20 jure representationis, receive an equal part of an estate.

CAPITULARIES.The Capitularia or Capitularies, was a code of = laws=20 promulgated by Childebert, Clotaire, Carloman, Pepin, Charlemague, and = other=20 kings. It was so called from the small chapters or heads into which they = were=20 divided. The edition by Baluze, published in 1677, is said to be the = best.

CAPITULATION, war. The treaty which determines the conditions = under=20 which a fortified place is abandoned to the commanding officer of the = army which=20 besieges it.

2. On surrender by capitulation, all the property of the inhabitants=20 protected by the articles, is considered by the law of nations as = neutral, and=20 not subject to capture on the high seas, by the belligerent or its ally. = 2=20 Dall.

CAPITULATION, civ.law. An agreement by which the prince and = the=20 people, or those who have the right of. the people, regulate the manner = in which=20 the government is to be administered. Wolff, 989.

CAPTAIN or SEA CAPTAIN, mar. law. The name given to the master = or=20 commander of a vessel. He is known in this country very generally by the = name of=20 master. (q. v.) He is also frequently denominated patron in foreign laws = and=20 books.

2. The captains in the navy of the United States, are officers = appointed by=20 government. Those who are employed in the mercantile service, have not = strictly=20 an official character. They are appointed or employed by the owners on = the=20 vessels they command.

3. It is proposed to consider the duty of the latter. Towards the = owner of=20 the vessel he is bound by his personal attention and care, to take all = the=20 necessary precautions for her safety; to, proceed on the voyage in which = such=20 vessel may be engaged, and to obey faithfully his instructions; and by = all means=20 in his power to promote the interest of his owner. But he is not = required to=20 violate good faith, nor employ fraud even with an enemy. 3 Cranch, = 242.

4. Towards others, it is the policy of the law to hold him = responsible for=20 all losses or damages that may happen to the goods committed to his = charge;=20 whether they arise from negligence, ignorance, or wilful misconduct of = himself=20 or his mariners, or any other person on board the ship. As soon, = therefore, as=20 goods are put on board, they are in the master's charge, and he is bound = to=20 deliver them again in the same state in which they were shipped, and he = is=20 answerable for all losses or damages they may sustain, unless it proceed = from au=20 inherent defect in the article, or from some accident or misfortune = which could=20 not be prevented.

5. It may be laid down as a general rule, that the captain is = responsible=20 when any loss occurs in consequence of his doing what he ought not to = do, unless=20 he was forced by the act of God,. the enemies of the United States, or = the=20 perils of the sea.1 Marsh. Ins. 241; Pard. n. 658.

6. The rights of the captain are, to choose his crew as he is = responsible for=20 their acts, this seems but just, but a reasonable deference to the = rights of the=20 owner require that he should be consulted, as he, as well as the = captain, is=20 responsible for the acts of the crew. On board, the captain is invested = with=20 almost arbitrary power overthe crew, being responsible for the abuse of = his=20 authority. Ab. on Sbipp.162. He may repair the ship, and, if he is not = in funds=20 to pay the expenses of such repairs, he may borrow money, when abroad, = on the=20 credit of his owners or of the ship. Abb. on Sh. 127-8. In such cases, = although=20 contracting within the ordinary scope of his owers and duties, he is = generally=20 responsible as well as the owner. This is the established rule of the = maritime=20 law, introduced in favor of commerce it has been recognized and adopted = by the=20 commercial nations of, Europe, and is derived from the civil or Roman = law.=20 Abbott, Ship. 90; Story, Ag. 11 6 to 123, 294; Paley, Ag. by Lloyd, 244; = 1=20 Liverm. Ag. 70; Poth. Ob. n. 82; Ersk. Inst. 3, 3, 43; Dig. 4, 9, 1; = Poth. Pand.=20 lib. 14, tit. 1; 3 Summ. R. 228. See Bell's Com. 505, 6th ed; Bouv. = Inst. Index,=20 h. t.

CAPTATION, French law. The act of one who succeeds in = controlling the=20 will of another, so as to become master of it. It is generally taken in = a bad=20 sense.

2. Captation takes place by those demonstrations of attachment and=20 friendship, by those assiduous attentions, by those services and = officious=20 little presents which are usual among friends, and by all those means = which=20 ordinarily render us agreeable to others. When those attentions are = unattended=20 by deceit or fraud, they are perfectly fair, and the captation is = lawful; but=20 if, under the mask of friendship, fraud is the object, and means are = used to=20 deceive the person with whom you are connected, then the captation is=20 fraudulent, and the acts procured by the captator are void. See = Influence.

CAPTATOR, French law. The name which is sometimes given, to = him who by=20 flattery and artifice endeavors to surprise testators, and induce them = to. give=20 legacies or devices, or to make him some other gift. Diet. de Jur.

CAPTION, practice. That part of a legal instrument, as a = 'Commission,=20 indictment, &c., which shows where, when, and by what authority it = was=20 taken, found or executed. As to the forms and requisites of captions, = see 1=20 Murph. 281; 8 Yerg. 514; 4 Iredell, 113; 6 Miss,. 469; 1 Scam. 456; 5 = How. Mis.=20 20; 6 Blackf. 299; 1 Hawks, 354; 1 Brev. 169.

2. In the English practice, when an in ferior court in obedience to = the writ=20 of certiorari, returns an indictment into the K. B. , it is annexed to = the=20 caption, then called a schedule, and the caption concludes with stating, = that "=20 it is presented in manner and form as appears in a certain indictment = thereto=20 annexed, " and the caption and indictment are returned on separate parch = ments.=20 1 Saund. 309, n. 2. Vide Dane's Ab. Index, h. t.

3. Caption is another name for arrest.

CAPTIVE. By this term is understood one who has been taken; it = is=20 usually applied to prisoners of war. (q.v.) Although he bas lost his = liberty, a=20 captive does not by his captivity lose his civil rights.

CAPTOR, war. One who has talken property from an enemy; this = term is=20 also employed to designate one who has taken an enemy.

2. Formerly, goods taken in war were adjudged to belong to the = captor; they=20 are now considered to vest primarily, in the state or sovereign, and = belong to=20 the individual captors only to the extent that the municipal laws = provide.

3. Captors are responsible to the owners of the property for all = losses and=20 damages, when the capture is tortious and without reasonable cause in = the=20 exercise of belligerent rights. But if the capture is originally = justifiable,=20 the captors will not be responsible, unless by subsequent misconduct = they become=20 trespassers ab initio. i Rob. R. 93, 96. See 2 Gall. 374; 1 Gall. 274; 1 = Pet.=20 Adm. Dee. 116; 1 Mason, R. 14.

CAPTURE, war. The taking of property by one belligerent from=20 another.

2. To make a good capture of a ship, it must be subdued and taken by = an enemy=20 in open war, or by way of reprisals, or by a pirate, and with intent to = deprive=20 the owner of it.

3. Capture may be with intent to possess both ship and cargo, or only = to=20 seize the goods of the enemy, or contraband goods which are on board: = The former=20 is the capture of the ship in the proper sense of the word; the latter = is only=20 an arrest and detention, witbout any design to deprive the owner of it. = Capture=20 is deemed lawful, when made by a declared enemy, lawfully commissioned = and=20 according to the laws of war; and unlawful, when it is against the rules = established by the law of nations. Marsh. Ins. B. 1, c. 12, s. 4.See, = generally,=20 Lee on Captures, passim; 1 Chitty's Com. Law, 377 to 512; 2 Woddes. 435 = to 457;=20 2 Caines' C. Err 158; 7 Johns. R. 449; 3 Caines' R. 155; 11 Johns. R. = 241; 13=20 Johns. R.161; 14 Johns. R. 227; 3 Wheat. 183; 4 Cranch, 436 Mass. 197; = Bouv.=20 Inst. Index, h. t.

CAPUT LUPINUM, Eng. law. Having the head of a wolf. An = outlawed felon=20 was said to have the head of a wolf, and might have been killed by any = one=20 legally. Now, such killing would be murder. 1. Hale, Pl. C. 497. The = rules of=20 the common law on this subject are rauch more severe in their = consequences, than=20 the doctrine of the civil law relating to civil death. See 1 Toull. = Droit Civil,=20 n. 280, and pp. 254-5, note 3.

CARAT, weights. A carat is a weight equal to three and = one-sixth=20 grains, in diamonds, and the like. Jac. L. Dict. See Weight.

CARCAN, French law. A French word, which is applied to an = instrument=20 of punishment somewhat resembling a pillory. It sometimes signifies the=20 punishment itself. Biret Vocab.

CARDINAL, eccl. law. The title given to one of tho highest = dignitaries=20 of the court of Rome. Cardinals are next to the pope in dignity; he is = elected=20 by them and out of their body. There are cardinal bishops, cardinal = priests, and=20 cardinal deacons. See Fleury, Hist. Eccles. liv. xxxv. n. 17, Ii. n. 19=20 Thomassin, part ii. liv. i. oh. 53, part iv. liv. i. c. 79, 80 Loiseau, = Traite=20 des Ordres, c. 3, n. 31; Andre, Droit Canon, au mot.

CARDS, crim. law. Small square pasteboards, generally of a = fine=20 quality, on which are painted figures of various colors, and used for = playing=20 different games. The playing of cards for amusement is not forbidden, = but gaming=20 for money is unlawful. Vide Faro bank, and Gaming.

CARGO, mar. law. The entire load of a ship or other vessel. = Abb. on=20 Sh. Index, h. t.; 1 Dall. 197; Merl. Rep. h. t.; 2 Gill & John. 136. = This=20 term is usually applied to goods only, and does not include human = beings. 1=20 Phill. Ins. 185; 4 Pick. 429. But in a more extensive and less technical = sense,=20 it includes persons; thus we say a cargo of emigrants. See 7 Mann. Gr. = 729,=20 744.

CARNAL KNOWLEDGE, crim. law. This phrase is used to signify a = sexual=20 connexion; as, rape is the carnal knowledge of a woman, &c. See = Rape.

CARNALLY KNEW, pleadings. This is a technical phrase, = essential in an=20 indictment to charge the defendant with the crime of rape; no other word = or=20 circumlocution will answer the same purpose as these word's. Vide = Ravished, and=20 Bac. Ab. Indictment, G 1; Com. Dig. Indictment, G 6; 1 Hale, 632; 3 = Inst. 60;=20 Co. Litt. 137; ) 1 Chit. Cr. Law, *243. It has been doubted whether = these words=20 were indispensible. 1 East, P. C. 448. But it would be unsafe to omit = them.

CARRIERS, contracts. There are two kinds of carriers, namely, = common=20 carriers, (q. v.) who have been considered under another head; and = private=20 carriers. These latter are persons who, although they do not undertake = to=20 transport the goods of such as choose to employ them, yet agree to carry = the=20 goods of some particular person for hire, from one place to another.

2. In such case the carrier incurs no responsibility beyond that of = any other=20 ordinary bailee for hire, that is to say, the responsibility of ordinary = diligence. 2 Bos. & Pull. 417; 4 Taunt. 787; Selw. N. P. 382 n.; 1 = Wend. R.=20 272; 1 Hayw. R. 14; 2 Dana, R. 430; 6 Taunt. 577; Jones, Bailm. 121; = Story on=20 Bailm, 495. But in Gordon v. Hutchinson, 1 Watts & Serg. 285, it was = holden=20 that a Wagoner Who carries goods for hire, contracts,the responsibility = of a=20 common carrier, whether transportation be his principal and direct = business, or=20 only an occasional and incidental employment.

3. To bring a person within the description of a common carrier, he = must=20 exercise his business as a public employment; he must undertake to carry = goods=20 for persons generally; and he must hold himself out as ready to engage = in the=20 transportation of goods for hire, as a business; not as a casual = occupation pro=20 hac vice. 1 Salk. 249; 1 Bell's Com. 467; 1 Hayw. R. 14; 1 Wend. 272; 2, = Dana,=20 R. 430. See Bouv. Inst. Index, b. t.

CARRYING AWAY, crim. law. To complete the crime of larceny, = the thief=20 must not only feloniously tale the thing stolen, but carry it away. The=20 slightest carrying away will be sufficient; thus to snatch a diamond = from a=20 lady's ear, which is instantly dropped among the curls of her hair. 1 = Leach,=20 320. To remove sheets from a bed and carry them into an adjoining room. = 1 Leach,=20 222 n. To take plate from a trunk, and lay it on the floor with intent = to carry=20 it away. Ib. And to remove a package from one part of a wagon to = another, with a=20 view to steal it; 1 Leach, 286; have respectively been holden to be = felonies. 2=20 Chit. Cr. Law, 919. Vide 3 Inst. 108, 109 1 Hale, 507; Kel. 31 Ry. & = Moody,=20 14 Bac. Ab. Felony, D 4 Bl. Com. 231 Hawk. c.32, s. 25. Where, however, = there=20 has not been a complete severance of the possession, it is not a = complete=20 carrying away. 2 East, P. C. 556; 1 Hale, 508; 2 Russ. on Cr. 96. Vide = Invito=20 Domino; Larceny; Robbery; Taking.

CART BOTE. An allowance to the tenant of wood, sufficient for = carts=20 and other instruments of husbandry.

CARTE BLANCHE. The signature of an individual or more, on a = while.=20 paper, with a sufficient space left above it to write a note or other=20 writing.

2. In the course of business, it not unfrequently occurs that for the = sake of=20 convenience, signatures in blank are given with authority to fill them = up..=20 These are binding upon the parties. But the blank must be filled up by = the very=20 person authorized. 6 Mart. L. R. 707. Vide Ch. on Bills, 702 Penna. R. = 200. Vide=20 Blank.

CARTEL,war. An agreement between two belligerent powers for = the=20 delivery of prisoners or deserters, and also a written challenge to a = duel.

2. Cartel ship, is a ship commissioned in time of war, to exchange = prisoners,=20 or to carry any proposals between hostile powers; she must carry no = cargo,=20 ammunitions, or implements of war, except a single gun for signals. The = conduct=20 of ships of this description cannot be too narrowly watched. The service = on=20 which they are sent is so highly important to the interests of humanity, = that it=20 is peculiarly incumbent on all parties to take care that it should be = conducted=20 in such a manner as not to become a subject of jealousy and distrust = between the=20 two nations. 4 Rob. R. 357. Vide Merl. Rep. b. t.; Dane's Ab. c. 40, a. = 6, 7;=20 Pet. C. C. R. 106; 3 C. Rob. 141 C. Rob. 336; 1 Dods. R. 60.

CARTMEN. Persons who carry goods and merchandise in carts, = either for=20 great or short distances, for hire. 2. Cartmen who undertake to carry = goods for=20 hire as a common employment, are common carriers. Story on Bailm. 496; = and see 2=20 Wend. 327 2 N. & M. 88; 1 Murph. 41 7; 2 Bailey, 421 2 Verm. 92; 1 = M'Cord,=20 444; Bac. Ab. Carriers, A.

CASE practice. A contested question before a court of justicea = suit or=20 action a cause. 9 Wheat. 738.

CASE, remedies. This is the name of an action in very general = use,=20 which lies where a party sues for damages for any wrong or cause of = complaint=20 towhich covenant or trespass will not lie. Steph. Pl. 153 Wodd. 167 Ham. = N. P.=20 1. Vide Writ of trespass on the case. In its most comprehensive = signification,=20 case includes assumpsit as well as an action in form ex delicto; but = when simply=20 mentioned, it is usually understood to mean an action in form ex = delicto. 7 T.=20 R. 36. It is a liberal action; Burr, 906, 1011 1 Bl. Rep. 199; bailable = at=20 common law. 2 Barr 927-8; founded on the justice and conscience of the = Tiff's=20 case, and is in the nature of a bill in equity 3 Burr, 1353, 1357 and = the=20 substance of a count in case is the damage assigned. 1 Bl. Rep. 200.

2. An action on the case lies to recover damages for torts not = committed with=20 force actual or implied, or having been occasioned by force, where the = matter=20 affected was not tangible, or where the injury was not immediate but=20 consequential; 11 Mass. 59, 137 1 Yeates, 586; 6 S. & R. 348; 12 S. = & R.=20 210 ; 18 John. 257 19 John. 381; 6 Call, 44; 2 Dana, 378 1 Marsh. 194; 2 = H.=20 & M. 423; Harper, 113; Coxe, 339; or where the interest in the = property was=20 only in reversion. 8 Pick. 235; 7 Conn. 3282 Green, 8 1 John. 511; 3 = Hawks, 2462=20 Murph. 61; 2 N. H. Rep. 430. In these several cases trespass cannot be=20 sustained. 4 T. 11. 489 7 T. R. 9. Case is also the proper remedy for a = wrongful=20 act done under legal process regularly issuing from a court of competent = jurisdiction. 2 Conn. 700 11 Mass. 500 6 Greenl. 421; 1 Bailey, 441, = 457; 9=20 Conn. 141; 2 Litt. 234; 3 Conn. 5373 Gill & John. 377. Vide Regular = and=20 irregular process.

3. It will be proper to consider, 1. in what cases the action of = trespass on=20 the case lies; 2. the pleadings 3. the evidence; 4. the judgment.

4. 1. This action lies for injuries, 1. to the absolute rights of = persons 2.=20 to the relative rights of persons; 3. to personal property; 4. to real=20 property.

5. - 1. When the injury has been done to the absolute rights of = persons by an=20 act not immediate but consequential, as in the case of special damages = Irising=20 from a public nuisance Willes, 71 to 74 or where an incumbrance had been = placed=20 in a public street, and the plaintiff passing there received an injury; = or for a=20 malicious prosecution. See malicious prosecution.

6. - 2. For injuries to the relative rights, as for enticing away an = infant=20 child, per quod servitium amisit, 4 Litt. 25; for criminal conversation, = seducing or harboring wives; debauching daughters, but in this case the = daughter=20 must live with her father as his servant, see Seduction; or enticing = away or=20 harboring apprentices or servants. 1 Chit. Pl. 137 2 Chit. Plead. 313, = 319. When=20 the seduction takes place in the husband's or father's house, he may, at = his=20 election, have trespass or case; 6 Munf. 587; Gilmer, 33but when the = injury is=20 done in the house of another, case is the proper remedy. 5 Greenl. = 546.

7. - 3. When the injury to personal property is without force and. = not=20 immediate, but consequential, or when the plaintiff Is right to it is in = reversion, as, where property is injured by a third person while in the = hands of=20 a hirer; 3 Camp. 187; 2 Murph. 62; 3 Hawks, 246, case is the proper = remedy. 8=20 East, 693; Ld. Raym. 1399; Str. 634; 1 Chit. Pl. 138.

8. - 4. When the real property which has been injured is corporeal, = and the=20 injury is not immediate but consequential, as for example, putting a = spout so=20 near the plaintiff's land that the water runs upon it; 1 Chit. Pl. 126, = 141;=20 Str. 634; or where the plaintiff's property is only in reversion. When = the=20 injury has been done to, incorporeal rights, as for obstructing a = private way,=20 or disturbing a party in the use of a pew, or for injury to a franchise, = as a=20 ferry, and the like, case is the proper remedy. l Chit. Pl. 143.

9. - 2. The declaration in case, technically so called, differs from = a=20 declaration in trespass, chiefly in this, that in case, it must not, in = general,=20 state the injury to have been committed vi et armis; 3 Conn. 64; see 2 = Ham. 169;=20 11 Mass. 57; Coxe, 339; yet after verdict, the words " with force and = arms"=20 will, be rejected as surplusage; Harp. 122; and it ought not to conclude = contra=20 pacem. Com. Dig. Action on the Case, C 3. The plea is usually the = general issue,=20 not guilty.

l0. - 3. Any matter may, in general, be given in evidence, under the = plea of=20 not guilty, except the statute of limitations. In cases of slander and a = few=20 other instances, however, this cannot be done. 1 Saund. 130, n. 1; = Wilies, 20.=20 When the plaintiff declares in case, with averments appropriate to that = form of=20 action and the evidence shows that the injury was trespass; or when he = declares=20 in trespass, and the evidence proves an injury for which case will lie, = and not=20 trespass, the defendant should be acquitted by the jury, or the = plaintiff should=20 be nonsuited. 5 Mass. 560; 16 Mass. 451; Coxe, 339; 3 John. 468.

11. - 4. The judgment is, that the plaintiff recover a sum of money,=20 ascertained by a jury, for his damages sustained by the committing of = the=20 grievances complained of in the declaration, and costs.

12. In the civil law, an action was given in all cases of nominate = contracts,=20 which was always of the same name. But in innominate contracts, which = had always=20 the same consideration, but not the same name, there could be no action = of the=20 same denomination, but an action which arose from the fact, in factum, = or an=20 action with a form which arose from the particular circumstance, = praescriptis=20 verbis actio. Lec. Elem. 779. Vide, generally, Bouv. Inst. Index, h. = t.

CASE, STATED, practice. An agreement in writing, between a = plaintiff=20 and defendant, that the facts in dispute between them are as there = agreed upon=20 and mentioned, 3 Whart. 143.

2. The facts being thus ascertained, it is left for the court to = decide for=20 which party is the law. As no writ of error lies on a judgment rendered = on a=20 case stated, Dane's Ab. c. 137, art. 4, n. 7, it is usual in the = agreement to=20 insert a clause that the case stated shall be considered in the nature = of=20 special verdict.

3. In that case, a writ of error lies on the judgment which may be = rendered=20 upon it. And a writ of error will also lie on a judgment on a case = stated, when=20 the parties have agreed to it. 8 Serg. & Rawle, 529.

4. In another sense, by a case stated is understood a statement of = all the=20 facts of a case, together with the names of the witnesses, and, a detail = of the=20 documents which are to support them. In other words, it is a brief. (q. = v.)

CASH, commerce. Money on hand, which a merchant, trader or = other=20 person has to do business with.

2. Cash price, in contracts, is the price of articles paid for in = cash, in=20 contradistinction to the credit price. Pard. n. 85; Chipm. Contr. 110. = In common=20 parlance, bank notes are considered as cash; but bills receivable are = not.

CASH-BOOK, Commerce, accounts. One in which a merchant or = trader=20 enters an account of all the money, or paper moneys he receives or pays. = An=20 entry of the same thing ought to be made under the proper dates, in the = journal.=20 The object of the cash-book is to afford a constant facility to = ascertain the=20 true state of a man's cash. Pard. n. 87.

CASHIER. An officer of a moneyed institution, who is entitled = by=20 virtue of his office to take care of the cash or money of such = institution.

2. The cashier of a bank is usually entrusted with all the funds of = the bank,=20 its notes, bills, and other choses in action, to be used from time to = time for=20 the ordinary and extraordinary exigencies of the bank. He usually = receives=20 directly, or tbrough subordinate officers, all moneys and notes of the=20 bankdelivers up all discounted notes and other securities, when they = have been=20 paid draws checks to withdraw the funds of the bank where they have been = deposited; and, as the executive officer of the bank, transacts much of = the=20 business of the institution. In general, the bank is bound by the acts = of the=20 cashier within the scope of his authority, expressed or implied. 1 Pet. = R. 46,=20 70Wheat. R. 300, 361 5 Wheat. R. 326; 3 Mason's R. 505; 1 Breese, R. 45; = 1 Monr.=20 Rep. 179. But the bank is not bound by a declaration of the cashier, not = within=20 the scope of his authority; as when a note is about to be discountedby = the bank,=20 he tells a person that he will incur no risk nor responsibility by = becoming an=20 indorser upon such note. 6 Pet. R. 51; 8 Pet. R. 12.Vide 17 Mass. R. 1 = Story on=20 Ag. 114, 115; 3 Halst. R. 1; 12 Wheat. R. 183; 1 Watts & Serg. = 161.

To CASHIER, punishment. To break; to deprive a military man of = his=20 office. Example: every officer who shall be convicted, before a general = court=20 martial, of leaving signed a false certificate relating to the absence = of either=20 officer or private soldier, or relative to his daily pay, shall be, = cashiered.=20 Articles of war, art. 14.

CASSATION, French law. A decision which emanates from the = sovereign=20 authority, and by which a sentence or judgment in the last resort is = annulled.,=20 Merl. Rep. h. t. This jurisdiction is now given to the Cour de = Cassation.

2. This court is composed of fifty-two judges, including four = presidents, an=20 attorney-general, and six substitutes, bearing the title of advocates = general; a=20 chief clerk, four subordinate clerks, and eight huissiers. Its = jurisdiction=20 extends to the examination and superintendence of the judgments and = decrees of=20 the inferior court, both in civil and criminal cases. It is divided into = three=20 sections, namely, the section des requetes, the section civile, and the = section=20 criminelle. Merl. Rep. mots Cour de Cassation.

CASSETUR BREVE, practice. That the writ be quashed. This is = the name=20 of a judgment sometime sentered against a plaintiff when he cannot = prosecute his=20 writ with effect, in consequence of some allegation on the defendant's = part. The=20 plaintiff, in order to put an end to any further proceeding in the = action,enters=20 on the roll cassetur breve, the effect of which is to quash his own = writ,which=20 exonerates him from the liability to any future costs, and allows him to = sue out=20 new process. A cassetur bill a may be entered with like effect. 3 Bl. = Com. 340;=20 and vide 5 T. R. 634; Gould's Plead. c. 5, 139; 3 Bouv. Inst. n. = 2913-14. Vide=20 To quash.

CASTIGATORY, punishments. An engine used to punishwomen who = have been=20 convicted of being common scolds it is sometimes called the trebucket, = tumbrel,=20 ducking stool, or cucking stool. This barbarous punishment has perhaps = never=20 been inflicted in the United States. 12 S. & It. 225. Vide Common = Scold.

CASTING VOTE, legislation. The vote given by the president or = speaker=20 of a deliberate assembly; when the votes of the other members are equal = on both=20 sides, the casting vote then decides the question. Dane's Ab. h. t.

CASTRATION, crim. law. The act of gelding. When this act is=20 maliciously performed upon a man, it is a mayhem, and punishable as = such,=20 although the sufferer consented to it.

2. By the ancient law of England this crime was punished by = retaliation,=20 membrum pro membro. 3 Inst. 118. It is punished in the United States = generally=20 by fine and imprisonment. The civil law punished it with death. Dig. 48, = 8, 4,=20 2. For the French law, vide Code Penal, art. 316. 3. The consequences=20 ofcastration, when complete, are impotence and sterility. 1 Beck's Med. = Jur.=20 72.

CASUPROVISO, practice. A writ of entry given by the statute of = Gloucester, c. 7, when a tenant in dower aliens in fee or for life. It = might=20 have been brought by the reversioner against the alienee. This, is = perhaps an=20 obsolete remedy, having yielded to the writ of ejectment. F. N. B. 205 = Dane's=20 Ab. Index, h. t.

CASUAL. What happens fortuitously what is accidental as, the = casual=20 revenue's of the government, are those which are contingeut or = uncertain.

CASUAL EJECTOR, pratice, ejectment. A person, supposed to come = upon-land casually, (although usually by previous agreement,) who turns = out the=20 lessee of the person claiming the possession against the actual tenant = or=20 occupier of the land. 3 Bl. Com. 201, 202.

2. Originally, in order to try the right by ejectment, Several things = were=20 necessary to be made out before the court first, a title to the land, in = question, upon which the owner was to make a formal entry; and being so = in=20 possession he executed a lease to some third person or lessee, leaving = him in=20 possession then the prior tenant or some other person, called the casual = ejector, either by accident or by agreement beforehand, came upon the = land and=20 turned him out, and for this ouster or turning out, the action was = brought. But=20 these formalities are now dispensed with, and the trial relates merely = to the=20 title, the defendant being bound to acknowledge the lease, entry, and = ouster. 3=20 Bl. Com. 202;.Dane's Ab. Index, h. t.

CASUS FOEDORIS. When two nations have formed a treaty of = alliance, in=20 anticipation of a war or other difficulty with another, and it is = required to=20 determine the case in which the parties must act in consequence of the = alliance,=20 this is called the casus foederis, or case of alliance. Vattel, liv. 3, = c. 6,=20 88.

CASUS FORTUITUS. A fortuitous case; an uncontrollable accident = an act=20 of God. See Act of God; Cas fortuit; Fortuitous event.

CASUS OMISSUS. An omitted case.

2. When a statute or an instrument of writing undertakes to foresee = and to=20 provide for certain contingencies, and through mistake, or some other = cause, a=20 case remains to be provided for, it is said to be a casus omissus.For = example,=20 when a statute provides for the descent of intestates estates, and omits = a case,=20 the estate descends as it did before the statute, whenever that, case = occurs,=20 although it appear to be within the general scope and intent of the = statute. 2=20 Binn. R. 279.

3. When there has been a casus omissus in a statute, the subject is = ruled by=20 the common law: casus omissuset oblivioni datus dispositioni juris = communis=20 relinquitur. 5 Co. 38. Vide Dig. 38, 1, 44 and 55 Id. 38, 2, 10; Code, = 6, 52, 21=20 and 30.

CATCHING BARGAIN, contracts, fraud. An agreement made with an = heir=20 expectant, for the purchase of his expectancy, at an inadequate = price.

2. In such case, the heir is, in general, entitled to relief in = equity, and=20 way have the contract rescinded upon terms of redemption. 1 Vern. 167; 2 = Cox,=20 80; 2 Cli. Ca. 136; 2 Vern., 121; 2 Freem. 111; 2 Vent. 329; 2 Rep. in = Ch. 396;=20 1 P.Wms. 312; 3 PWms. 290, 293, n.; 1Cro. C. C. 7; 2 Atk. 133; 2 Swanst. = 147,=20 and the cases cited in the note; 1 Fonb.140 1 Supp. to Ves. Jr. 66 Id. = 361 1=20 Vern. 320, n. It has been said that all persons dealing for a = reversionary=20 interest are subject to this rule, but it may be doubted whether the = course of=20 decisions authorizes so extensive a conclusion and whether, in order to=20 constitute a title to relief, the reversioner must not combine the = character of=20 heir. 2 Swanst. 148, n. Vide 1 Ch. Pr. 112, 113, n., 458, 826, 838, 839. = A mere=20 hard bargain is not sufficient ground for relief.

3. The French law is in unison with these principles. An agreement, = which has=20 for its object the succession of aman yet alive, is generally void.Merl. = Rep.=20 mots Succession Future. Vide also Dig. 14,6, and Lesion.

CATCHPOLE, officer. A name formerly given to a sheriff's = deputy, or to=20 a constable, or other officer whose duty it is to arrest persons. He was = a sort=20 of serjeant. The word is not now in use as an official designation. = Minshew ad=20 verb.

CAUSA MATRIMONII PRAELOCUTI, Engl. law. An obsolete writ, = which lies=20 when a woman gives land to a man in fee simple, or for a less estate, to = the=20 intent that he should marry her and he refuses upon request. New. Nat. = Bre.=20 455.

CAUSE, civ. law. This word has two meanings. 1. It signifies = the=20 delivery of the thing, or the accomplishment of the act which is the = object of a=20 convention. Datio vel factum, quibus ab una parte conventio, impleri = caepta est.=20 6 Toull. n. 13, 166. 2. it is the consideration or motive formakinga = contract.=20 An obligation without a cause, or with a false or unlawful cause, has no = effect;=20 but an engagement is not the less valid, though the cause be not = expressed. The=20 cause is illicit, when it is forbidden by law, when it is contra bones = mores, or=20 public order. Dig. 2, 14, 7, 4; Civ. Code of Lo. a. 1887-1894 Code = Civil, liv.=20 3, c. 2, s. 4, art. 1131-1133; Toull. liv. 3, tit. 3, c. 2, s. 4.

CAUSE, contra torts, crim. That which produces an effect.

2. In considering a contract, an injury, or a crime, the law for many = purposes looks to the immediate, and not to any remote cause. Bac. Max. = Reg. 1;=20 Bac. Ab. Damages, E; Sid. 433; 2 Taunt. 314. If the cause be lawful, the = party=20 will be justified; if unlawful, he will be condemned. The following is = an=20 example in criminal law of an immediate and remote cause. If Peter, of = malice=20 prepense, should discharge a pistol at Paul, and miss him, and then cast = away=20 the pistol and fly and, being pursued by Paul, he turn round, and kill = him with=20 a dagger, the law considers the first as the impulsive cause, and Peter = would be=20 guilty of murder. But if Peter, with his dagger drawn, had fallen down, = and Paul=20 in his haste had fallen upon it and killed himself, the cause of Paul's = death=20 would have been too remote to charge Peter as the murderer. Id.

3. In cases of insurance, the general rule is that the immediate and = not the=20 remote cause of the loss is to be considered; causa proximo non remota s = pedatur. This rule may, in some cases, apply to carriers. Story, Bailm. = 515.

4. For the reach of contracts, the contractor is liable for the = immediate=20 effects of such breach, but not for any remote cause, as the failure of = a party=20 who was to receive money, and did not receive it, in consequence of = which he was=20 compelled to stop payment. 1 Brock. Cir. C. Rep. 103. See Remote; and = also=20 Domat, liv. 3, t. 5, s. 2, n. 4; Toull. liv. 3, n. 286; 6 Bing. R. 716; = 6 Ves.=20 496; Pal. Ag. by Lloyd, 10; Story, Ag. 200; 3 Sumn. R. 38.

CAUSE, pleading.The reason; the motive.

2. In a replication de injuria, for example, the plaintiff alleges = that the=20 defendant of his own wrong, and without the cause by him in his plea = alleged,=20 did, &c. The word cause here means without the matter of excuse = alleged, and=20 though in the singular number, it puts in issue all the facts in the = plea, which=20 constitute but one cause. 8 Co. 67; 11 East, 451; 1 Chit. Pl. 585.

CAUSE, practice. A Contested question before a court of = justice; it is=20 a Suit or action. Causes are civil or criminal. Wood's Civ. Law, 302; = Code, 2,=20 416. 20

CAUSE OF ACTION. By this phrase is understood the right to = bring an=20 action, which implies, that there is some person in existence who can = assert,=20 and also a person who can lawfully be sued; for example, where the payee = of a=20 bill was dead at the time when it fell due, it was held the cause of = action did=20 not accrue, and consequently the statute of limitations did not begin to = run=20 until letters of administration had been obtained by some one. 4 Bing. = 686.

2. There is no cause of action till the claimant can legally sue, = therefore=20 the statute of limitations does not run from the making of a promise, if = it were=20 to perform something at a future time, but only from the expiration of = that=20 time, though, when the obligor promises to pay on demand, or generally, = without=20 specifying day, he may be sued immediately, and then the cause of action = has=20 accrued. 5 Bar. & Cr. 860; 8 Dowl. & R. 346.When a wrong has = been=20 committed, or a breach of duty has occurred, the cause of action has = accrued,=20 though the claimant may be ignorant of it. 3 Barn. & Ald. 288, 626 5 = B.=20 & C. 259; 4 C. & P. 127.

CAUTIO PRO EXPENSIS. Security for costs or expenses.

2. This term is used among the civilians, Nov. 112, c. 2, and = generally on=20 the continent of Europe. In nearly all the countries of Europe, a = foreign=20 plaintiff, whether resident there or not, is required to give caution = pro=20 expenses; that is, security for costs. In some states this requisition = is=20 modified, and, when such plaintiff has real estate, or a commercial or=20 manufacturing establishent within the state, he is not required to give = such=20 caution. Faelix, Droit. Intern. Prive, n. 106.

CAUTION. A term of the Roman civil law, which is used in = various=20 senses. It signifies, sometimes, security, or security promised. = Generally every=20 writing is called cautio, a caution by which any object is provided for. = Vicat,=20 ad verb. In the common law a distinction is made between a contract and = the=20 security. The contract may be good and the security void. The contract = may be=20 divisible, and the security entire and indivisible. 2 Burr, 1082. The = securities=20 or cautions judicially required of the defendant, are, judicio sisti, to = attend=20 and appear during the pendency of the suit; de rato, to confirm the acts = of his=20 attorney or proctor; judicium solvi, to pay the sum adjudged against = him. Coop.=20 Just. 647; Hall's Admiralty Practice, 12; 2 Brown, Civ. Law, 356.

CAUTION, TURATORY, Scotch law. Juratory caution is that which = a=20 suspender swears is the best he can offer in order to obtain a = suspension. Where=20 the suspender cannot, from his low or suspected circumstances, procure=20 unquestionable security, juratory caution is admitted. Ersk. Pr. L. = Scot. 4, 3,=20 6.

CAUTIONER, Scotch law, contracts. One who becomes bound as = caution or=20 surety for another, for the performance of any obligation or contract = contained=20 in a deed.

CAVEAT, practice. That hebeware. Caveat is the name of a = notice given=20 by a party having an interest, to some officer, not to do an act, till = the party=20 giving the notice shall have been heard; as, a caveat to the register of = wills,=20 or judge of probate, not to permit a will to be proved, or not to grant = letters=20 of administration, until the party shall have been heard. A caveat is = also=20 frequently made to prevent a patent for inventions being issued. 1 Bouv. = Inst.=20 71, 534; 1 Burn's Ecc. Law, 19, 263; Bac. Abr. Executors and = Administrators, E=20 8; 3 Bl. Com. 246; Proctor's Pract. 68; 3 Bin. Rep. 314; 1 Siderf. 371 = Poph.=20 133; Godolph. Orph. Leg. 258; 2 Brownl. 119; 2 Fonbl. Eq. book 4, pt. 2, = c. 1,=20 3; Ayl. Parer. 145 Nelson's Ab. h. t.; Dane's Ab. c. 223, a. 15, 2, and = a. 8,=20 22. See 2 Chit. Pr. 502, note b, for a form.

CAVEAT EMPTOR. Let the purchaser take heed; that is, let him = see to=20 it, that the title he is buying is good. This is a rule of the common = law,=20 applicable to the sale and purchase of lands and other real estate. If = the=20 purchaser pay the consideration money, he cannot, as a general rule, = recover it=20 back after the deed has been executed; except in cases of fraud, or by = force of=20 some covenant in the deed which has been broken. The purchaser,if he = fears a=20 defect of title, has it in his power to protect himself by proper = covenants, and=20 if he fails to do so, the law provides for him no remedy. Cro. Jac. 197; = 1 Salk.=20 211 Doug. 630, 654; 1 Serg. & R. 52, 53 , 445. This rule is = discussed with=20 ability in Rawle on Covenants for Title, p. 458, et seq. c. 13, and the = leading=20 authorities collected. See also 2 Kent, Com. Lect. 39, p. 478; 2 Bl. = Com. 451; 1=20 Stor , Eq. 212 6 Ves. 678; 10 Ves. 505; 3 Cranch, 270; 2 Day, R. 128; = Sugd.=20 Vend. 221 1 Bouv. Inst. n. 954-5.

2. This rule has been severely assailed, as being the instrument of = falsehood=20 and fraud; but it is too well established to be disregarded. Coop., = Just. 611,=20 n. See 8 Watts, 308, 309.

CAVIL. Sophism, subtlety. Cavilis a captious argument, by = which a=20 conclusion evidently false, is drawn from a principle evidently true: Ea = est=20 natura cavillationis ut ab evidenter veris, per brevissimas mutationes=20 disputatio, ad ea quce evidentur falsa sunt perducatur. Dig. 60, 16, 177 = et 233;=20 Id. 17, 65; Id. 33, 2, 88 .

CAESARIAN OPERATION, med. juris. An incision made through the = parietes=20 of the abdomen and uterus to extract the foetus. It is said that Julius = Caesar=20 was born in this manner. When the child is cut out after the death of = the=20 mother, his coming into being in this way confers on other persons none = of the=20 rights to which they would have been entitled if he had been born, in = the usual=20 course of nature, during her life. For example, his father would not be = tenant=20 by the curtesy; for to create that title, it ought to begin by the birth = of=20 issue arive, and be consummated by the death of the wife. 8 Co. Rep. 35; = 2 Bl.=20 Com. 128 Co. Litt. 29 b.; 1 Beck's Med. Jur. 264 Coop. Med. Jur. 7; 1 = Fodere,=20 Med. Leg. 334. The rule of the civil law on this subject will be found = in Dig.=20 lib. 50, t. 16, 1. 132 et 141; lib. 5, t. 2, 1. 6; lib. 28, t. 2, 1. = 12.

C2ETERORUM. The name of a kind of administration, which, after = an=20 administration has been granted for a limited purpose, is granted for = the rest=20 of the estate. 1 Will. on Ex. 357; 2 Hagg. 62; 4 Hagg. Eccl. R. 382, = 386; 4=20 Mann. & Gr. 398. For example, where a wife had a right to devise or = bequeath=20 certain stock, and she made a will of the same, but there were = accumulations=20 that did not pass, the husband might take out letters of administration=20 caeterorum. 4 Mann. & Grang.398;1 Curteis, 286.

TO CEDE, civil law. To assign; to transfer; as, France ceded = Louisiana=20 to the United States.

CEDENT, civil law, Scotch law. An assignor. The term is = usually=20 applied to the assignor of a chose in action. Kames on Eq. 43.

CELEBRATION, contracts. This word is usually applied, in law, = to the=20 celebration of marriage, which is the solemn act by which a man and = woman take=20 each other for husband and wife, conformably to the rules prescribed by = law.=20 Diet. de Juris. h. t.

CELL. A small room in a prison. See Dungeon.

CENOTAPH. An empty tomb. Dig. 11, 7, 42.

CENSUS. An enumeration of the inhabitants of a country.

2. For the purpose of keeping the reeresentation of the several = states in=20 congress equal, the constitution provides, that " representatives and = direct=20 taxes shall be apportioned among the several states, which may be = included in=20 this Union, according to their respective numbers; which shall be = determined by=20 adding to the whole number of free persons, including those bound to = service for=20 a term of years, and excluding Idians not taxed, three-fifths of all = other=20 persons. The actual enumeration shall be made within three years after = the first=20 meeting of the congress of the United States, and within every = subsequent term=20 of ten years, in such a manner as they shall by law direct." Art. 1, s. = 2; vide=20 1 Story, L. U. S., 73, 722, 751; 2 Id. 1134, 1139, 1169, 1194; 3 Id. = 1776; 4=20 Sharsw. continuation, 2179.

CENT, money. A copper coin of the United States of the value = of ten=20 mills; ten of them are equal to a dime, and one hundred, to one dollar. = Each=20 cent is required to contain one hundred and sixty-eight grains. Act of = January=20 18th, 1837, 4 Sharsw. cont. of Story',s L. U. S. 2524.

CENTIME. The name of a French money; the one hundredth part of = a=20 franc.

CENTRAL. Relating to the centre, or placed in the centre; as, = the=20 central courts of the United States, are those located in the city of=20 Washington, whose jurisdiction extends over the whole country. These = are, first,=20 the Senate of the United States, when organized to try impeachments; = secondly,=20 the Supreme Court of the United States.

2. The government of the United States is the central government.

CENTUMVIRI, civil law. the citizens of Rome were distributed = into=20 thirty-five tribes, and three persons out of each tribe were elected = judges, who=20 were called centumviri, although they were one hundred and five in = number. They=20 were distributed into four different tribunals, but in certain causes = called=20 centumvirales causas, the judgments of the four tribunals were = necessary.=20 Vicat,.ad verb.; 3 Bl. Com. 315.

CENTURY, civil law. One hundred. The Roman people were = dividedinto=20 centu ries. In England they were divided into hundreds. Vide Hundred. = Century=20 also means one hundred years.

CEPI. A Latin word signifying I have taken. Cepicorpus, I have = taken=20 the body; cepiand B. B., I have taken the body and discharged him on = bail bond;=20 cepi corpus et est in custodia, I have taken the body and it is in = custody; cepi=20 corpus, et est languidus, I have taken the body of, &c. and he is = sick.=20 These are some of the various returns made by the sheriff to a writ of=20 capias.

CEPI CORPUS, practice. The return which the sheriff, or = otherproper=20 officer, makes when he has arrested a defendant by virtue of a capias. 3 = Bouv.=20 Inst. n. 2804. See Capias. F. N. B. 26.

CEPIT. Took. This is a technical word, which cannot be = supplied by any=20 other in an indictment for larceny. The charge against the defendant = must be=20 that he took the thing stolen with a felonious design. Bac. Ab. = Indictment, G=20 1.

CEPIT ET ABDUXIT. He took and led away. These words are = applied to=20 cases of trespass or larceny, where the defendant took a living chattel, = and led=20 it away. It is used in contradistinction to took and carried away, cepit = et=20 asportavit. (q. v.)

CEPIT ET ASPORTAVIT. Took and carried away. (q. v.)

CEPIT IN ALIO LOCO, pleadings. He took in another place. This = is a=20 plea in replevin, by which the defendant alleges, that he took the thing = replevied in another place than that mentioned in the plaintiff's = declaration. 1=20 Chit. Pl. 490, 4 Bouv. Inst. n. 3569 2 Chit. Pl. 558; Rast. 554, 555; = Clift. 636=20 Willes, R. 475; Tidd's App. 686.

CERTAINTY, UNCERTAINTY, contracts. In matters of obligation, a = thing=20 is certain, when its essence, quality, and quantity, are described, = distinctly=20 set forth, Dig. 12, 1, 6. It is uncertain, when the description is not = that of=20 one individual object, but designates only the kind. Louis. Code, art. = 3522, No.=20 8 5 Co. 121. Certainty is the mother of repose, and therefore the law = aims at=20 certainty. 1 Dick. 245. Act of the 27th of July, 1789, ii. 2, 1 Story's = Laws, 6.=20 His compensation for his servicer, shall not exceed two thousand dollars = per=20 annum. Gordon's Dig. art. 211.

2. If a contract be so vague in its terms, that its meaning cannot be = certainly collected, and the statute of frauds preclude the = admissibility of=20 parol evidence to clear up the difficulty; 5 Barn. & Cr. 588; S. C. = 12 Eng.=20 Com. L. R. 827; or parol evidence cannot supply the defect, then neither = at law,=20 nor in equity, can effect be given to it. 1 Russ. & M. 116; 1 Ch. = Pr.=20 123.

3. It is a maxim of law, that, that is certain which may be made = certain;=20 certum est quod certum reddi potest Co. Litt. 43; for example, when a = man sells=20 the oil he has in his store at so much a gallon, although there is = uncertainty=20 as to the quantity of oil, yet inasmuch as it can be ascertained, the = maxim=20 applies, and the sale is good. Vide generaly, Story, Eq. El. 240 to 256; = Mitf.=20 Pl. by Jeremy, 41; Coop. Eq. Pl. 5; Wigr. on Disc. 77.

CERTAINTY, pleading. By certainty is understood a clear and = distinct=20 statement of the facts which constitute the cause of action, or ground = of=20 defence, so that they may be understood by the party who is to answer = them, by=20 the jury who are to ascertain the truth of the allegations, and by the = court who=20 are to give the judgment. Cowp. 682; Co. Litt. 308; 2 Bos. & Pull. = 267; 13=20 East, R. 107; Com. Dig. Pleader, C 17; Hob. 295. Certainty has been = stated by=20 Lord Coke, Co. Litt. 303, a, to be of three sorts namely, 1. certainty = to a=20 common intent 2. to a certain intent in general; and, 3. to a certain = intent in=20 every particular. In the case of Dovaston.v. Paine Buller, J. said he = remembered=20 to have heard Mr. Justice Ashton treat these distinctions as a jargon of = words=20 without meaning; 2 H. Bl. 530. They have, however, long been made, and = ought not=20 altogether to be departed from.

2. - 1. Certainty to a common intent is simply a rule of = construction. It=20 occurs when words are used which will bear a natural sense, and also an=20 artificial one, or one to be made out by argument or inference. Upon the = ground=20 of this rule the natural sense of words is adopted, without addition. 2 = H. Bl.=20 530.

3. - 2. Certainty to, a certain intent in general, is a greater = degree of=20 certainty than the last, and means what upon a fair and reasonable = construction=20 may be called certain, without recurring to possible facts which do not = appear;=20 9 Johns. R. 317; and is what is required in declarations, replications, = and=20 indictments, in the charge or accusation, and in returns to writs of = mandamus.=20 See 1 Saund. 49, n. 1; 1 Dougl. 159; 2 Johns. Cas. 339; Cowp. 682; 2 = Mass. R.=20 363 by some of which authorities, it would seem, certainty to a common = intent is=20 sufficient in a declaration.

4. - 3. The third degree of certainty, is that which precludes all = argument,=20 inference, or presumption against the party, pleading, and is that = technical=20 accuracy which is not liable to the most subtle and scrupulous = objections, so=20 that it is not merely a rule of construction, but of addition; for where = this=20 certainty is necessary, the party must not only state the facts of his = case in=20 the most precise way, but add to them such as show that they are not to = be=20 controverted, and, as it were, anticipate the case of his adversary. = Lawes on=20 Pl. 54, 55. See 1 Chitty on Pl. 235 to 241.

CERTIFICATE, practice. A writing made in any court, and = properly=20 authenticated, to give notice to another court of anything done therein; = or it=20 is a writing by which an officer or other person bears testimony that a = fact has=20 or has not taken place.

2. There are two kinds of certificates; those required by the law, = and those=20 which are merely voluntary. Of the first kind are certificates given to = an=20 insolvent of his discharge, and those given to aliens, that they have = been=20 naturalized. Voluntary certificates are those which are not required by = law, but=20 which are given of the mere motion of the party. The former are evidence = of the=20 facts therein mentioned, while the latter are not entitled to any = credit,=20 because the factscertified, may be proved in the usual way under the = solemnity=20 of an oath or affirmation. 2 Com. Dig. 306; Ayl. Parerg. 157; Greenl. = Ev.=20 498.

CERTIFICATE, JUDGE'S, English practice. The judge who tries = the cause=20 is authorized by several statutes in certain cases to certify, so as to = decide=20 when the party or parties shall or shall not be entitled to costs. It is = of=20 great importance in many cases, that these certificates should be = obtained at=20 the time of trial. See 3 Camp. R. 316; 5 B. & A. 796; Tidd's Pr. = 879; 3 Ch.=20 Pr. 458, 486.

2. The Lord Chancellor often requires the opinion of the judges upon = a=20 question of law; to obtain this, a case is trained, containing the = admissions on=20 both sides, and upon these the legal question is stated; the case is = then=20 submitted to the judges, who, after hearing counsel, transmit to the = chancellor=20 their opinion. This opinion, signed by the judges of the court, is = called their=20 certificate. See 3 Bl. Com. 453.

CERTIFICATE, ATTORNEY'S, Practice, English law. By statute 37 = Geo.=20 III., c. 90, s. 26, 28, attorneys are required to deliver to the = commissioners=20 of stamp duties, a paper or note-in writing, containing the name and = usual place=20 of residence of such person, and thereupon, on paying certain duties, = such=20 person is entitled to a certificate attesting the payment of such = duties, which=20 must be renewed yearly. And by the 30th section, an attorney is liable = to the=20 penalty of fifty pounds for practising without.

CERTIFICATION or CERTIFICATE OF ASSISE. A term used in the old = English=20 law, applicable to a writ granted for the reexamination or re-trial of a = matter=20 passed by assise before justices. F. N. B. 181 3 Bl. Com. 389. The = summary=20 motion for a new trial has entirely superseded the use of this writ, = which was=20 one of the means devised by the judges to prevent a resort to the remedy = by=20 attaint for a wrong verdict.

CERTIORARI, practice. To be certified of; to be informed of. = This is=20 the name of a writ issued from a superior court directed to one of = inferior=20 jurisdiction, commanding the latter to certify and return to the former, = the=20 record in the particular case. Bac. Ab. h. t.; 4 Vin. Ab. 330; Nels. Ab. = h. t.;=20 Dane's Ab. Index, h. t.; 3 Penna. R. 24. A certiorari differs from a = writ of=20 error. There is a distinction also between a hab. corp. and a = certiorari. The=20 certiorari removes the cause; the hab. corp. only supersedes the = proceedings in=20 below. 2 Lord Ray. 1102.

2. By the common law, a supreme court has power to review the = proceedings of=20 all inferior tribunals, and to pass upon their jurisdiction and = decisions on=20 questions of law. But in general, the determination of such inferior = courts on=20 questions of fact are conclusive, and cannot be reversed on certiorari, = unless=20 some statute confers the power on such supreme court. 6 Wend. 564; 10 = Pick. 358;=20 4 Halst. 209. When any error has occurred in the proceedings of the = court below,=20 different from the course of the common law, in any stage of the cause, = either=20 civil or criminal cases, the writ of certiorari is the only remedy to = correct=20 such error, unless some other statutory remedy has been given. 5 Binn. = 27; 1=20 Gill & John. 196; 2 Mass. R. 245; 11 Mass. R. 466; 2 Virg. Cas. 270; = 3=20 Halst. 123; 3 Pick. 194 4 Hayw. 100; 2 Greenl. 165; 8 Greenl. 293. A = certiorari,=20 for example, is the correct process to remove the proceedings of a court = of=20 sessions, or of county commissioners in laying out highways. 2 Binn. 250 = 2 Mass.=20 249; 7 Mass. 158; 8 Pick. 440 13 Pick. 195; 1 Overt. 131; 2 Overt. 109; = 2 Pen.=20 1038; 8 Verm. 271 3 Ham. 383; 2 Caines, 179.

3. Sometimes the writ of certiorari is used as auxiliary process, in = order to=20 obtain a full return to some other process. When, for example, the = record of an=20 inferior court is brought before a superior court by appeal, writ of = error, or=20 other lawful mode, and there is a manifest defect, or a suggestion of=20 diminution, a certiorari is awarded requiring a perfect transcript and = all=20 papers. 3 Dall. R. 413; 3 John. R. 23; 7 Cranch, R. 288; 2 South. R. = 270, 551; 1=20 Blackf. R. 32; 9 Wheat. R. 526; 7 Halst. R. 85; 3 Dev. R. 117; 1 Dev. = & Bat.=20 382; 11 Mass. 414; 2 Munf. R. 229; 2 Cowen, R. 38. Vide Bouv. Inst. = Index, h.=20 t.

CESSET EXECUTIO. The staying of an execution.

2. When a judgment has been entered, there is sometimes, by the = agreement of=20 the parties, a cesset executio for a period of time fixed upon and when = the=20 defendant enters security for the amount of the judgment, there is a = cesset=20 executio until the time allowed by law has expired.

CESSET PROCESSUS, practice. An entry made on the record that = there be=20 a stay of the procas or proceedings.

2. This is made in cases where the plaintiff has become insolvent = after=20 action brought. 2 Dougl. 627.

CESSAVIT, Eng. law. An obsolete writ, which could formerly = have been=20 sued out when the defendant had for two years ceased or neglected to = perform=20 such service or to pay such rent as he was bound to do by his tenure, = and had=20 not upon his lands sufficient goods or cbattels to be distrained. F. N. = B.=20 208.

CESSIO BONORUM, civil law. The relinquishment which a debtor = made of=20 his property for the benefit of his creditors.

2. This exempted the debtor from imprisonment, not, however, without = leaving=20 an ignominious stain on his reputation. Dig. 2, 4, 25; Id. 48, 19, 1; = Nov. 4, c.=20 3, and Nov. 135. By the latter Novel, an honest unfortunate debtor might = be=20 discharged, by simply affirming that he was insolvent, without having = recourse=20 to the benefit of cession. By the cession the creditors acquired title = to all=20 the property of the insolvent debtor.

3. The cession discharged the debtor only to the extent of the = property=20 ceded, and he remained responsible for the difference. Dom. Lois Civ. = liv. 4,=20 tit. 5., s. 1, n. 2. Vide, for the law of Louisiana, Code, art. 2166, et = seq. 2=20 M. R. 112; 2 L. R. 354; 11 L. R. 531; 5 N. S. 299; 2 L. R. 39; 2 N. S. = 108; 3 M.=20 R. 232; 4 Wheat. 122; and Abandonment.

CESSION, contracts. Yielding up; release.

2. France ceded Louisiana to the United States, by the treaty of = Paris, of=20 April 30, 1803 Spain made a cession of East and West Florida, by the = treaty of=20 February 22, 1819. Cessions have been severally made of a part of their=20 territory, by New York, Virginia, Massachusetts, Connecticut) South = Carolina,=20 North Carolina, and Georgia. Vide Gord. Dig. art. 2236 to 2250.

CESSION, civil law. The, act by which a party assigns or = transfers=20 property to a other; an assignment.

CESSION, eccl. law. When an ecclesiastic is created bishop, or = when a=20 parson takes another benefice, without dispensation, the first benefice = becomes=20 void by a legal cession, or surrender. Cowel, h. t.

CESTUI. He. This word is frequently used in composition as, = cestui que=20 trust, cestui que vie, &c.

CESTUI QUE TRUST, A barbarous phrase, to signify the = beneficiary of an=20 estate held in trust. He for whose benefit another person is enfeoffed = or seised=20 of land or tenements, or is possessed of personal property. The cestui = que trust=20 is entitled to receive the rents and profits of the land; he may direct = such=20 conveyances, consistent with the trust, deed or will, as he shall = choose, and=20 the trustee (q. v.) is bound to execute them: he may defend his title in = the=20 name of the trustee. 1 Cruise, Dig. tit. 12, c. 4, s. 4; vide Vin. Ab. = Trust, U,=20 W, X, and Y 1 Vern. 14; Dane's Ab. Index, h. t.: 1 Story, Eq. Jur. 321, = note 1;=20 Bouv. Inst. Index, h. t.

CESTUI QUE VIE. He for whose life land is holden by another = person;=20 the latter is called tenant per auter vie, or tenant for another's life. = Vide=20 Dane's Ab. Index, h. t.

CESTUI QUE USE. He to whose use land is granted to another = person the=20 latter is called the terre-tenant, having in himself the legal property = and=20 possession; yet not to his own use, but to dispose of it according to = the=20 directions of the cestui que use, and to suffer him to take the profits. = Vide=20 Bac. Read. on Stat. of Uses, 303, 309, 310. 335, 349; 7 Com. Dig. = 593.

CHAFEWAX , Eng, law. An officer in chancery who fits the wax = for=20 sealing, to the writs, commissions and other. instruments then made to = be issued=20 out. He is probably so called because he warms (chaufe) the wax.

CHAFFERS. Anciently signified wares and merchandise; hence the = word=20 chaffering, which is yet used for buying and selling, or beating down = the price=20 of an article. The word is used in stat. 3 Ed. III. c. 4.

CHAIRMAN. The presiding officer of a committee; as, chairman = of the=20 committee of ways and means. The person selected to preside over a = popular=20 meeting, is also called a chairman or moderator.

CHALDRON. A measure of capacity, equal to fifty-eight and = two-third=20 cubic feet nearly. Vide Measure.

CHALLENGE. This word has several significations. 1. It is an = exception=20 or objection to a juror. 2. A call by one person upon another to a = single=20 combat, which is said to be a challenge to fight.

CHALLENGE, criminal law. A request by one person to another, = to fight=20 a duel.

2. It is a high offence at common law, and indictable, as tending to = a breach=20 of the peace. It may be in writing or verbally. Vide Hawk. P. C. b. 1, = c. 63, s.=20 3; 6 East, R. 464; 8 East, R. 581; 1 Dana, R. 524; 1 South.. R. 40; 3 = Wheel. Cr.=20 C. 245 3 Rogers' Rec. 133; 2 M'Cord, R. 334 1 Hawks. R. 487; 1 Const. R. = 107. He=20 who carries a challenge is also punishable by indictment. In most of the = states,=20 this barbarous practice is punishable by special laws.

3. In most of the civilized nations challenging another to fight. is = a crime,=20 as calculated to destroy the public peace; and those who partake in the = offence=20 are generally liable to punishment. In Spain it is punished by loss of = offices,=20 rents, and horrors received from the king, and the delinquent is = incapable to=20 hold them in future. Aso & Man. Inst. B. 2, t. 19, c. 2, 6. See, = generally,=20 6 J. J. @larsh. 120; 1 Munf. 468; 1 Russ. on Cr. 275; 6 J. J. Marsh. 1 = 19;=20 Coust. Rep. 10 7; Joy on Chal. passim.

CHALLENGE, practice. An exception made to jurors who are to = pass on a=20 trial; to a judge; or to a sheriff.

2. It will be proper here to consider, 1. the several kinds of = challenges; 2.=20 by whom they are to be made; 3. the time and manner of making them.

3. - 1. The several kinds of challenges may be divided into those = which are=20 peremptory, and those which are for cause. 1. Peremptory challenges are = those=20 'which are made without assigning any reason, and which the court must = allow.=20 The number of these which the prisoner was allowed at common law, in all = cases=20 of felony, was thirty-five, or one under three full juries. This is = regulated by=20 the local statutes of the different states, and the number except in = capital=20 cases, has been probably reduced.

4. - 2. Challenges for cause are to the array or to the polls. 1. A = challenge=20 to the array is made on account of some defect in making the return to = the=20 venire, and is at once an objection to all the jurors in the panel. It = is either=20 a principal challenge, that is, one founded on some manifest partiality, = or=20 error committed in selecting, depositing, drawing or summoning the = jurors, by=20 not pursuing the directions of the acts of the legislature; or a = challenge for=20 favor.

5. - 2. A challenge to the polls is objection made separately to each = juror=20 as he is about to be sworn. Challenges to the polls, like those to the = array,=20 are either principal or to the favor.

6. First, principal challenges may be made on various grounds: 1st. = propter=20 defectum, on account of some personal objection, as alienage, infancy, = old age,=20 or the want of those qualifications required by legislative enactment. = 2d.=20 Propter affectum, because of some presumed or actual partiality in the = juryman=20 who is made the subject of the objection; on this ground a juror may be = objected=20 to, if he is related to either within the ninth degree, or is so = connected by=20 affinity; this is supposed to bias the juror's mind, and is only a = presumption=20 of partiality. Coxe, 446; 6 Greenl. 307; 3 Day, 491. A juror who has=20 conscientious scruples in finding a verdict in a capital case, may be=20 challenged. 1 Bald. 78. Much stronger is the reason for this challenge, = where=20 the juryman has expressed his wishes as to the result of the trial, or = his=20 opinion of the guilt or innocence of the defendant. 4 Harg. St. Tr. 748; = Hawk.=20 b. 2, c. 43, s. 28; Bac. Ab. Juries, E 5. And the smallest degree of = interest in=20 the matter to be tried is a decisive objection against a juror. 1 Bay, = 229; 8 S.=20 & R. 444; 2 Tyler, 401. But see 5 Mass. 90. 3d. The third ground of=20 principal challenge to the polls, is propter delictum, or the legal = incompetency=20 of the juror on the ground of infamy. The court, when satisfied from = their own=20 examination, decide as to the principal challenges to the polls, without = any=20 further investigation and there is no occasion for the appointment of = triers.=20 Co. Litt. 157, b; Bac. Ab. Juries, E 12; 8 Watts. R. 304.

7. - Secondly. Challenges to the poll for favor may be made, when, = although=20 the juror is not so evidently partial that his supposed bias will be = sufficient=20 to authorize. a principal challenge, yet there are reasonable grounds to = suspect=20 that he will act under some undue influence or prejudice. The causes for = such=20 cballenge are manifestly very numerous, and depend, on a variety of=20 circumstances. The fact to be ascertained is, whether the juryman is = altogether=20 indifferent as he stands unsworn, because, even unconsciously to = himself, be may=20 be swayed to one side. The line whicb separates the causes for principal = challenges, and for challenge to the favor, is not very distinctly = marked. That=20 the juror has acted as godfather to the child of the prosecutor or = defendant, is=20 cause for a principal cballenge; Co. Litt. 157, a; while the fact that = the party=20 and the juryman are fellow servants, and that the latter has been = entertained at=20 the house of the former, is only cause for challenge to the favor. Co. = Litt.=20 147; Bac. Ab. Juries, E 5. Challenges to the favor are not decided upon = by the=20 court, but are settled by triers. (q. v.)

8. - 2. The challenges may be made by the government, or those who = represent=20 it, or by the defendant, in criminal cases; or they may be made by = either party=20 in civil cases.

9. - 3. As to the time of making the challenge, it is to be observed = that it=20 is a general rule, that no challenge can be made either to the array or = to the=20 polls, until a full jury have made their appearance, because if that = should be=20 the case, the issue will remain pro defectu juratorum; and on this = account, the=20 party who intends to challenge the array, may, under such a contingency, = pray a=20 tales to complete the number, and then object to the panel. The proper = time, of=20 challenging, is between the appearance and the swearing of the jurors. = The order=20 of making challenges is to the array first, and should not that be = supported,=20 then to the polls; challenging any one juror, waives the right of = challenging=20 the array. Co. Litt. 158, a; Bac. Ab. Juries, E 11. The proper manner of = making=20 the challenge, is to state all the objections against the jurors at one = time;=20 and the party will not be allowed to make a second objection to the same = juror,=20 when the first has been over-ruled. But when a juror has been challenged = on one=20 side, and found indifferent, he may still be challenged on the other. = When the=20 juror has been cliallenged for cause, and been pronounced impartial, he = may=20 still be challenged peremptorily. 6 T. R. 531; 4 Bl. Com. 356; Hawk. b. = 2, c.=20 46, s. 10.

10. As to the mode of making the challenge, the rule is, that a = challenge to=20 the array must be in writing; but when it is only to a single = individual, the=20 words " I challenge him " are sufficient in a civil case, or on the part = of the=20 defendant, in a criminal case when the challenge is made for the = prosecution,=20 the attorney-general says, We challenge him." 4 Harg. St. Tr. 740 Tr. = per Pais,=20 172; and see Cro. C. 105; 2 Lil. Entr. 472; 10 Wentw. 474; 1 Chit. Cr. = Law, 533=20 to 551.

11. Interest forms the only ground at common law for challenging a = judge. It=20 is no ground of challenge that he has given an opinion in the case = before. 4=20 Bin. 349; 2 Bin. 454. By statute, there are in some states several other = grounds=20 of challenge. See Courts of the U. S., 633 64.

12. The sheriff may be challenged for favor as well as affinity. Co. = Litt.=20 158, a; 10 Serg. &. R. 336-7. And the challenge need not be made to = the=20 court, but only to the prothonotary. Yet the Sheriff cannot be passed by = in the=20 direction of process without cause, as he is the proper officer to = execute=20 writs, except in case of partiality. Yet if process be directed to the = coroner=20 without cause, it is not void. He cannot dispute the authority of the = court, but=20 must execute it at his peril, and the misdirection is aided by thc = statutes of=20 amendment. 11 Serg. & R. 303.

CHAMBER. A room in a house.

2. It was formerly hold that no freehold estate could be had in a = chamber,=20 but it was afterwards ruled otherwise. When a chamber belongs to one = person, and=20 the rest of the house with the land is owned by another the two estates = are=20 considered as two separate but adjoining dwelling house's. Co. Litt. 48, = b; Bro.=20 Ab. Demand, 20; 4 Mass. 575; 6 N. H. Rep. 555; 9 Pick. R. 297; vide 3 = Leon. 210;=20 3 Watts. R. 243.

3 . By chamber is also understood the place where an assembly is = held; and,=20 by the use of a figure, the assembly itself is called a chamber.

CHAMBER OF COMMERCE. A society of the principal merchants and = traders=20 of a city, who meet to promote the general trade and commerce of the = place. Some=20 of these are incorporated, as in Philadelphia.

CHAMBERS, practice. When a judge decides some interlocutory = matter,=20 which has arisen in the course of the cause, out of court, he is said to = make=20 such decision at his chambers. The most usual applications at chambers = take=20 place in relation to taking bail, and staying proceedings on = process.

CHAMPART, French law. By this name was formerly understood the = grant=20 of a piece of land by the owner to another, on condition that the latter = would=20 deliver to him a portion of the crops. IS Toull. n. 182.

CHAMPERTOR, crim. law. One who makes pleas or suits, or causes = them to=20 be moved, either directly or indirectly, and sues them at his proper = costs, upon=20 condition of having a part of the gain.

CHAMPERTY, crimes. A bargain with a plaintiff or defendant, = campum=20 partire, to divide the land or other matter sued for between them, if = they=20 prevail at law, the champertor undertaking to carry on the suit at his = own=20 expense. 1 Pick. 416; 1 Ham. 132; 5 Monr. 416; 4 Litt. 117; 5 John. Ch. = R. 44; 7=20 Port. R. 488.

2. This offence differs from maintenance, in this, that in the latter = the=20 person assisting the suitor receives no benefit, while in the former he = receives=20 one half, or other portion, of the thing sued for. See Punishment; Fine; = Imprisonment; 4 Bl. Com. 135.

3. This was an offence in the civil law. Poth. Pand. lib. 3, t. 1; = App. n. 1,=20 tom. 3, p. 104; 15 Ves. 139; 7 Bligh's R. 369; S. C. 20 E. C. L. R. 165; = 5 Moore=20 & P. 193; 6 Carr. & P. 749; S. C. 25 E. C. L. R. 631; 1 -Russ. = Cr. 179=20 Hawk. P. C. b. 1 c. 84, s. 5.

4. To maintan a defendant may be champerty. Hawk. P. C. b. 1, c. 84, = s. 8 3=20 Ham. 541; 6 Monr. 392; 8 Yerg. 484; 8 John. 479; 1 John. Ch. R. 444;, 7 = Wend.=20 152; 3 Cowen, 624; 6 Coaven, 90.

CHAMPION. He who fights for another, or takes his place in a = quarrel;=20 it also includes him who fights his own battles. Bract. lib. 4, t. 2, c. = 12.

CHANCE, accident. As the law punishes a crime only when there = is an=20 intention to commit it, it follows that when those acts are done in a = lawful=20 business or pursuit by mere chance or accident, which would have been = criminal=20 if there had been an intention, express or implied, to commit them, = there is no=20 crime. For example, if workmen were employed in blasting rocks in a = retired=20 field, and a person not knowing of the circumstance should enter the = field, and=20 be killed by a piece of the rock, there would be no guilt in the = workmen. 1=20 East, P. C. 262 Poster, 262; 1 Hale's P. C. 472; 4 Bl. Com. 192. Vide=20 Accident.

CHANCE-MEDLEY, criminal law. A sudden affray. This word is = sometimes=20 applied to any kind of homicide by misadventure, but in strictness it is = applicable to such killing only as happens se defendendo. (q. v.) 4 Bl. = Com.=20 184.

CHANCELLOR. An officer appointed to preside over a court of = chancery,=20 invested with various powers in the several states.

2. The office of chancellor is of Roman origin. He appears, at first, = to have=20 been a chief scribe or secretary, but he was afterwards invested with = judicial=20 power, and had superintendence over the other officers of the empire. = From the=20 Romans, the title and office passed to the church, and therefore every = bishop of=20 the catholic church has, to this day, his chancellor, the principal = judge of his=20 consistory. When the modern kingdoms of Europe were established upon the = ruins=20 of the empire, almost every state preserved its chancellor, with = different=20 jurisdictions and dignities, according to their different constitutions. = In all=20 he seems to have had a supervision of all charters, letters, and such = other=20 public instruments of the crown, as were authenticated in the most = solemn=20 manner; and when seals came into use, he had the custody of the public = seal.

3. An officer bearing this title is to be found in most countries of = Europe,=20 and is generally invested with extensive authority. The title and office = of=20 chancellor came to us from England. Many of our state constitutions = provide for=20 the appointment of this officer, who is by them, and by the law of the = several=20 states, invested with power as they provide. Vide Encyclopedie, b. t.; = Encycl..=20 Amer. h. t.; Dict. de Jur. h. t.; Merl. Rep. h. t.; 4 Vin. Ab. 374; = Blake's Ch.=20 Index, h. t.; Woodes. Lect. 95.

CHANCERY. The name of a court exercising jurisdiction at law, = but=20 mainly in equity.

2. It is not easy to determine how courts of equity originally = obtained the=20 jurisdiction they now exercise. Their authority, and the extent of it, = have been=20 subjects of much question, but time has firmly established them; and the = limits=20 of their jurisdiction seem to be in a great degree fixed and = ascertained. 1=20 Story on Eq. ch. 2; Mitf. Pl. Introd.; Coop. Eq. Pl. Introd. See also = Butler's=20 Reminiscences, 38, 40; 3 Bl. Com. 435; 2 Bin. 135; 4 Bin. 50; 6 Bin. = 162; 2=20 Serg. & R. 356; 9 Serg. & R. 315; for the necessity, origin and = use of=20 courts of chancery.

3. The judge of the court of chancery, often called a court of = equity, bears=20 the title of chancellor. The equity jurisdiction, in England, is vested, = principally, in the high court of chancery. This court is distinct from = courts=20 of law. " American courts of equity are, in some instances, distinct = from those=20 of law, in others, the same tribunals exercise the jurisdiction both of = courts=20 of law and equity, though their forms of proceeding are different in = their two=20 capacities. The supreme court of the United States, and the circuit = courts, are=20 invested with general equity powers, and act either as court's of law or = equity,=20 according to the form of the process and the subject of adjudication. In = some of=20 the states, as New York, Virginia, and South Carolina, the equity court = is a=20 distinct tribunal, having its appropriate judge, or chancellor, and = officers. In=20 most of the states, the two jurisdictions centre in the same judicial = officers,=20 as in the courts of the United States; and the extent of equity = jurisdiction and=20 proceedings is very various in the different states, being very ample in = Connecticut, New York, New Jersey, Maryland, Virginia, and South = Carolina, and=20 more restricted in Maine, Massachusetts, Rhode Island, and Pennsylvania. = But the=20 salutary influence of these powers on the judicial administration = generally, by=20 the adaptation of cbancery forms and modes of proceeding to many cases = in which=20 a court of law affords but an imperfect remedy, or no remedy at all, is=20 producing a gradual extension of them in those states where they have = been,=20 heretofore, very limited."

4. The jurisdiction of a court of equity differs essentially from = that of a=20 court of law. The remedies for wrongs, or for the enforcement of rights, = may be=20 distinguished into two classes those which are administered in courts of = law,=20 and those which are administered in courts of equity. The rights secured = by the=20 former are called legal; those secured by the latter are called = equitable. The=20 former are said to be rights and remedies at common law, because = recognized and=20 enforced in courts of common law. The latter are said to be rights and = remedies=20 in equity, because they are administered in courts of equity or = chancery, or by=20 proceedings in other courts analogous to those in courts of equity or = chancery.=20 Now, in England and America, courts of common law proceed by certain = prescribed=20 forms, and give a general judgment for or against the defendant. They = entertain=20 jurisdiction only in certain actions, and give remedies according to the = particular exigency of such actions. But there are many cases in which a = simple=20 judgment for either party, without qualifications and conditions, and = particular=20 arrangements, will not. do entire justice, ex aequo et bono, to either = party.=20 Some modification of the rights of both parties is required; some = restraints on=20 one side or the other; and some peculiar adjustments, either present or = future,=20 temporary or perpetual. Now, in all these cases, courts of common law = have no=20 methods of proceeding, which can accomplish such objects. Their forms of = actions=20 and judgment are not adapted to them. The proper remedy cannot be found, = or=20 cannot be administered to the full extent of the relative rights of all = parties.=20 Such prescribed forms of actions are not confined to our law. They were = known in=20 the civil law; and the party could apply them only to their original = purposes.=20 In other cases, he had a special remedy. In such cases, where the courts = of=20 common law cannot grant the proper remedy or relief, the law of England = and of=20 the United States (in those states where equity is administered) = authorizes an=20 application to the courts of equity or chancery, which are not confined = or=20 limited in their modes of relief by such narrow regulations, but which = grant=20 relief to all parties, in cases where they have rights, ex aequo et = bono, and=20 modify and fashion that relief according to circumstances. The most = general=20 description of a court of equity is, that it has jurisdiction in cases = where a=20 plain, adequate and complete remedy cannot be had at law that is, in = common law=20 courts. The remedy must be plain; for, if it be doubtful and obscure at = law,=20 equity will assert a jurisdiction. So it must be adequate at law; for, = if it=20 fall short of what the party is entitled to, that founds a jurisdiction = in=20 equity. And it must be complete; that is, it must attain its full end at = law it=20 must reach the whole mischief and secure the whole right of the party, = now and=20 for the future otherwise equity will interpose, and give relief. The=20 jurisdiction of a court of equity is sometimes concurrent with that of = courts=20 of, law and sometimes it is exclusive. It exercises concurrent = jurisdiction in=20 cases where the rights are purely of a legal nature, but where other and = more=20 efficient aid is required than a court of law can afford, to meet the=20 difficulties of the case, and ensure full redress. In some of these = cases courts=20 of law formerly refused all redress but now will grant it. But the = jurisdiction=20 having been once justly acquired at a time when there was no such = redress at=20 law, it is not now relinquished. The most common exercise of concurrent=20 jurisdiction is in cases of account, accident, dower, fraud, mistake,=20 partnership, and partition. The remedy is here often more complete and = effectual=20 than it can be at law. In many cases falling under these heads, and = especially=20 in some cases of fraud, mistake and accident, courts of law cannot and = do not=20 afford any redress; in others they do, but not always in so perfect a = manner. A=20 court of equity also is assistant to the jurisdiction of courts of law, = in many=20 cases, where the latter have no like authority. It will remove legal = impediments=20 to the fair decisiou of a question depending at law. It will prevent a = party=20 from improperly setting up, at a trial, some title or claim, which would = be=20 inequitable. It will compel him to discover, on his own oath, facts = which he=20 knows are material to the rights of the other party, but which a court = of law=20 cannot compel the party to discover. It will perpetuate the testmony of=20 witnesses to rights and titles, which are in danger of being lost, = before the,=20 matter can be tried. It will provide for the safety of property in = dispute=20 pending litigation. It will counteract and control, or set aside, = fraudulent=20 judgments. It will exercise, in many cases, an exclusive jurisdiction. = This it=20 does in all cases of morely equitable rights, that is, such rights as = are not=20 recognized in courts of law. Most cases of trust and confidence fall = under this=20 head. Its exclusive jurisdiction is also extensively exercised in = granting=20 special relief beyond the reach of the common law. It will grant = injunctions to=20 prevent waste, or irreparable injury, or to secure a settled right, or = to=20 prevent vexatious litigations, or to compel the restitution of title = deeds; it=20 will appoint receivers of property, where it is in danger of = misapplication it=20 will compel the surrender of securities improperly obtained; it will = prohibit a=20 party from leaving the country in order to avoid a suit it will restrain = any=20 undue exercise of a legal right, against conscience and equity; it will = decree a=20 specific performance of contracts respecting real estates; it will, in = many=20 cases, supply the imperfect execution of instruments, and reform and = alter them=20 according to the real intention of the parties; it will grant relief in = cases of=20 lost deeds or securities; and, in all cases in which its interference is = asked,=20 its general rule is, that he who asks equity must do equity. If a party, = therefore, should ask to have a bond for a usurious debt given up, = equity could=20 not decree it, unless he could bring into court the money honestly due = without=20 usury. This is a very general and imperfect outline of the jurisdiction = of a=20 court of equity; in respect to which it has been justly remarked, that, = in=20 matters within its exclusive jurisdiction, where substantial justice = entitles=20 the party to relief, but the positive law is silent, it is impossible to = define=20 the boundaries of that jurisdiction, or to enumerate, with precision, = its=20 various principles." Ency. Am. art. Equity. Vide Fonb. Eq.; Story on = Eq.; Madd.=20 Ch. Pr.; 10 Amer. Jur. 227; Coop. Eq. Pl.; Redesd. Pl.; Newl. Cb. = Practice;=20 Beame's Pl. Eq.; Jeremy on Eq.; Encycl. Amer. article Equity, Court.

CHANGE. The exchange of money for money. The giving, for = example,=20 dollars for eagles, dimes for dollars, cents for dimes. This is a = contract which=20 always takes place in the same place. By change is also understood small = money.=20 Poth. Contr. de Change, n. 1.

CHANGE TICKET. The name given in Arkansas to a species of = promissory=20 notes issued for the purpose of making change in small transactions. = Ark. Rev.=20 Stat. cb. 24.

CHAPLAIN. A clergyman appointed to say prayers and perform = divine=20 service. Each house of congress usually appoints it own cbaplain.

CHAPMAN. One whose business is to buy and sell goods or other = things.=20 2 Bl. Com. 476.

CHAPTER, eccl. law. A congregation of clergymen. Such an = assembly is=20 termed capitulum, which signifies a little head it being a kind of head, = not=20 only to govern the diocese in the vacation of the bishopric, but also = for other=20 purposes. Co. Litt. 103.

CHARACTER, evidence. The opinion generally entertained of a = person=20 derived from the common re 'port of the people who are acquainted with = him. 3=20 Serg. & R. 336; 3 Mass. 192; 3 Esp. C. 236.

2. There are three classes of cases on which the moral character and = conduct=20 of a person in society may be used in proof before a jury, each resting = upon=20 particular and distinct grounds. Such evidence is admissible, 1st. To = afford a=20 presumption that a particular party has not been guilty of a criminal = act. 2d.=20 To affect the damages in particular cases, where their amount depends on = the=20 character and conduct of any individual; and, 3d. To impeach or confirm = the=20 veracity of a witness.

3. - 1. Where the guilt of an accused party is doubtful, and the = character of=20 the supposed agent is involved in the question, a presumption of = innocence=20 arises from his former conduct in society, as evidenced by his general=20 character, since it is not probable that a person of known probity and = humanity,=20 would commit a dislionest or outrageous act in the particular instance. = Such=20 presumptions, however, are so remote from fact, and it is frequently so=20 difficult to estimate a person's real character, that they20are entitled = to=20 little-weight, except in doubtful cases. Since the law considers a = presumption=20 of this nature to be admissible, it is in principle admissible 'Whenever = a=20 reasonable presumption arises from it, as to the fact in question; in = practice=20 it is admitted whenever the character of the party is involved in the = issue. See=20 2 St. Tr. 1038 1 Coxes Rep. 424; 5 Serg. & R. 352 3 Bibb, R. 195; 2 = Bibb, R.=20 286; 5 Day, R. 260; 5 Esp. C. 13; 3 Camp. C. 519; 1 Camp. C. 460; Str. = R. 925.=20 Tha. Cr. Cas. 230; 5 Port. 382.

4. - 2. In some instances evidence in disparagement of character is=20 admissible, not in order to prove or disprove the commission of a = particular=20 fact, but with a view to damages. In actions for criminal conversation = with the=20 plaintiff's wife, evidence may be given of the wife's general bad = character, for=20 want of chastity, and even of particular acts of adultery committed by = her,=20 previous to her intercourse with the defendant. B. N. P. 27, 296; 12 = Mod. 232; 3=20 Esp. C. 236. See 5 Munf. 10. In actions for slander and libel, when the=20 defendant has not justified, evidence of the plaintiff's bad character = has also=20 been admitted. 3 Camp. C. 251; 1 M. & S. 284; 2 Esp. C. 720; 2 Nott = &=20 M'Cord, 511; 1 Nott & M'Cord, 268; and see 11 Johns. R. 38; 1 Root, = R. 449;=20 1 Johns. R. 46; 6 Penna. St. Rep. 170. The ground of admitting such = evidence is,=20 that a person of disparaged fame is not entitled to the same measure of = damages=20 with one whose character is uublemished. When, however, the defendant = justifies=20 the slander, it seems to be doubtful whether the evidence of reports as = to the=20 conduct and character of the plaintiff can be received. See 1 M. & = S. 286, n=20 (a) 3 Mass. R. 553 1 Pick. R. 19. When evidence is admitted touching the = general=20 character of a party, it is manifest that it is to be confined to = matters in=20 reference to the nature of the, charge against him. 2 Wend. 352.

5. - 3. The party against whom a witness is called, may disprove the=20 fact& stated by him, or may examine other witnesses as to his = general=20 character; but they will not be allowed to speak of particular facts or = parts of=20 his conduct. B. N. P. 296. For example, evidence of the general = character of a=20 prosecutrix for a rape, may be given, as that she was a street walker; = but=20 evidence of specific acts of criminality cannot be admitted. 3 Carr. = & P.=20 589. The regular mode is to inquire whether the witness under = examination has=20 the means of knowing the former witness general character, and whether = from such=20 knowledge he would believe, him on his oath. 4 St. Tr. 693; 4 Esp. C. = 102. In=20 answer to such evidence against character, the other party may = cross-examine the=20 witness as to his means of knowledge, and the grounds of his opinion; or = he may=20 attack such witness general character, and by fresh evidence support the = character of his own. 2 Stark. C. 151; Id. 241; St. Ev. pt. 4, 1753 to = 1758; 1=20 Phil. Ev. 229. A party cannot give evidence to confirm the good = character of a=20 witness, unless his general character has been impugned by his = antagonist. 9=20 Watts, R. 124. See, in general, as to character, Phil. Ev. Index, tit.=20 Character; Stark. Ev. pl. 4, 364 Swift's Ev. 140 to 144 5 Ohio R. 227; = Greenl.=20 Ev. 54; 3 Hill, R. 178 Bouv. Inst. Index, h. t.

CHARGE, practice. The opinion expressed by the court to the = jury, on=20 the law arising out of a case before them.

2. It should contain a clear and explicit exposition of the law, when = the=20 points of the law in dispute arise out of the facts proved on the trial = of the=20 cause; 10 Pet. 657; but the court ought at no time to undertake to = decide the=20 facts, for these are to be decided by the jury. 4 Rawle's R. 195; 2 = Penna. R.=20 27; 4 Rawle's R. 356 Id. 100; 2 Serg. & Rawle, 464; 1 Serg. & = Rawle,=20 515; 8 Serg. & Rawle, 150. See 3 Cranch, 298; 6 Pet. 622 1 Gall. R. = 53; 5=20 Cranch, 187; 2 Pet. 625; 9 Pet. 541.

CHARGE, contracts. An obligation entered into by the owner of = an=20 estate which makes the estate responsible for its performance. Vide 2 = Ball &=20 Beatty, 223; 8 Com. Dig. 306, Appendix, h. t. Any obligation binding = upon him=20 who enters into it, which may be removed or taken away by a discharge. = T. de la=20 Ley, h. t.

2. That particular kind of commission which one undertakes to perform = for=20 another, in keeping the custody of his goods, is called a charge.

CHARGE. wills, devises. An obligation which a testator imposes = on his=20 devisee; as, if the testator give Peter, Blackacre, and direct that he = shall pay=20 to John during his life an annuity of one hundred dollars, which shall = be a=20 charge" on said land; or if a legacy be and directed to be paid out of = the real=20 property. 1 Rop. Leg. 446. Vide 4 Vin. Ab. 449; 1 Supp. to Ves. jr. 309; = 2 Id.=20 31; 1 Vern. 45, 411; 1 Swanst. 28; 4 East, R. 501; 4 Ves. jr. 815; = Domat, Loix=20 Civ. liv. 3, t. 1, s. 8, n.

CHARGE' DES AFFAIRES or CHARGE' D'AFFAIRES, internationat law. = These=20 phrases, the first of which is used in the acts of congress, are = synonymous.

2. The officer who bear; this title is a diplomatic representative or = minister of an inferior grade, to whose care are confided the affairs of = his=20 nation. He has not the title of minister, and is generally introduced = and=20 admitted through a verbal presentation of the minister, at his = departure, or=20 through letters of credence addressed to the minister of state of the = court to=20 which they are sent. He has the essential rights of a minister. Mart. = Law of=20 Nat. 206; 1 Kent, Com. 39, n.; 4 Dall. 321.

3. The president is authorized to allow to any, charge des affaires a = sum not=20 greater than at the rate of four thousand five hundred dollars per = annum, as a=20 compensation for his personal services and expenses. Act of May 1, 1810, = 2=20 Story's Laws U. S. 1171.

CHARGER, Scotch law. He in whose favor a decree suspended is=20 pronounced; vet a decree may be suspended before a charge is given on = it. Ersk.=20 Pr. L. Scot. 4, 3, 7.

CHARGES. The term charges signifies the expenses which have = been=20 incurred in relation either to a transaction or to a suit; as the = charges=20 incurred for his benefit must be paid by a hirer; the defendant must pay = the=20 charges of a suit. The term charges, in relation to actions, includes = something=20 more than the costs, technically called.

CHARITY. In its widest sense it denotes all the good = affections which=20 men ought to bear towards each other; 1 Epistle to Cor. c. xiii.; in its = most=20 restricted and usual sense, it signifies relief to the poor. This = species of=20 charity is a mere moral duty, which cannot be enforced by the law. Kames = on Eq.=20 17. But it is not employed in either of these senses in law; its = signification=20 is derived chiefly from the statute of 43 Eliz. c. 4. Those purposes are = considered charitable which are enumerated in that act, or which by = analogy are=20 deemed within its spirit and intendment. 9 Ves. 405; 10 Ves, 541; 2 = Vern. 387;=20 Shelf. Mortm. 59. Lord Chancellor Camden describes a charity to be a = gift to a=20 general public use, which extends to the rich as well as to the poor. = Ambl. 651;=20 Boyle on Charities, 51; 2 Ves. sen. 52; Ambl. 713; 2 Ves. jr. 272; 6 = Ves. 404; 3=20 Rawle, 170; 1 Penna. R. 49 2 Dana, 170; 2 Pet. 584; 3 Pet. 99, 498 9 = Cow. 481; 1=20 Hawks, 96; 12 Mass. 537; 17 S. & R. 88; 7 Verm. 241; 5 Harr. & = John.=20 392; 6 Harr. & John. 1; 9 Pet. 566; 6 Pet. 435; 9 C-ranch, 331; 4 = Wheat. 1;=20 9 Wend. 394; 2 N. H. Rep. 21, 510; 9 Cow. 437; 7 John. Cb. R. 292; 3 = Leigh. 450;=20 1 Dev. Eq. Rep. 276; 4 Bouv. Inst. n. 3976, et seq.

CHARRE OF LEAD, Eng. law, commerce. A quantity of lead = consisting of=20 thirty pigs, each pig containing six stones wanting two pounds, and = every stone=20 being twelve pounds. Jacob.

CHARTA. An ancient word which signified not only a charter or = deed in=20 writing, but any signal or token by which an estate was held.

CHARTA CHYROGRAPIHATA VEL COMMUNIS. Signifies an indenture. = Shep.=20 Touch. 50; Beames, Glanv. 197-8; Fleta, lib. 3, c. 14, 3. It was so = called,=20 because each party had a part.

CHARTA DE UNA PARTE. A deed of one part; a deed poll.

2. Formerly, this phrase was used to distinguish, a deed poll, which = is an=20 agreement made by one party only, that is, only one of the parties does = any act=20 which is binding upon him, from a deed inter partes. Co. Litt. 229. Vide = Deed=20 poll; Indenture; Inter partes.

CHARTER. A grant made by the sovereign either to the whole = people or=20 to a portion of them, securing to them the enjoyment of certain rights. = Of the=20 former kind is the late charter of France, which extended to the whole = country;=20 the charters which were granted to the different American colonies by = the=20 British government were charters of the latter species. 1 Story, Const. = L. 161;=20 1 Bl. Com. 108 Encycl. Amer. Charte Constitutionelle.

2. A charter differs from a CONSTITUTION in this, that the former is = granted=20 by the sovereign, while the latter is established by the people = themselves: both=20 are the fundamental law of the land.

3. This term is susceptible of another signification. During the = middle ages=20 almost every document was called carta, charta, or chartula. In this = sense the=20 term is nearly synonymous with deed. Co. Litt. 6; 1 Co. 1; Moor. Cas. = 687.

4. The act of the legislature creating a corporation, is called its = charter.=20 Vide 3 Bro. Civ. and Adm. Law, 188; Dane's Ab. h. t.

CHARTER, mar. contr. An agreement by which a vessel is hired = by the=20 owner to another; as A B chartered the ship Benjamin Franklin to C = D.

CHARTER-LAND, Eng. law. Land formerly held by deed under = certain rents=20 and free services, and it differed in nothing from free socage land. It = was also=20 called bookland. 2 Bl. Com. 90.

CHARTER-PARTY, contracts. A contract of affreightment in = writing, by=20 which the owner of a ship or other vessel lets the whole, or a part of = her, to a=20 merchant or other person for the conveyance of goods, on a particular = voyage, in=20 consideration of the payment of freight. This term is derived from the = fact,=20 that the contract which bears this name, was formerly written on a card, = and=20 afterwards the card was cut into two parts from top to bottom, and one = part was=20 delivered to each of the parties, which was produced when required, and = by this=20 means counterfeits were prevented.

2. This instrument ought to contain, 1. the name and tonnage of the = vessel;=20 2. the name of the captain; 3. the names of the letter to freight and = the=20 freighter; 4. the place and time agreed upon for the loading and = discharge; 5.=20 the price of the freight; 6. the demurrage or indemnity in case of = delay; 7.=20 such other conditions as the parties may agree upon. Abbott on Ship. pt. = 3, c.=20 1, s. 1 to 6; Poth. h. t. n. 4; Pardessus, Dr. Coin. pt. 4, t. 4, c. 1, = n.=20 708.

3. When a ship is chartered, this instrument serves to authenticate = many of=20 the facts on which the proof of her neutrality must rest, and should = therefore=20 be always found on board chartered ships. 1 Marsh. Ins. 407 . When the = goods of=20 several merchants unconnected with each other, are laden on board = without may=20 particular contract of affreightment with any individual for the entire = ship;=20 the vessel is called a general ship, (q. v.) because open to all = merchauts. but=20 where one Or more merchants contract for the ship exclusively, it is = said to be=20 a chartered ship. 3 Kent, Com. 158. Abbott, Ship. pt. 2, c. 2, S. 1 = Harr. Dig.=20 Ship and Shipping, iv.

CHARTERED SHIP. When a ship is hired or freighted by one or = more=20 merchants for a particular voyage or on time, it is called a chartered = ship. It=20 is freighted by a special contract of affreightment, executed between = the=20 owners, ship's husband, or master on the one hand, and the merchants on = the=20 other. It differs, from a general ship. (q. v.)

CHARTIS REDDENDIS, Eng. law. An ancient writ, now obsolete, = which lays=20 against one who had charters of feoffment entrusted to his keeping, and = who=20 refused to deliver them. Reg. Orig. 159. CHASE, Eng. law. The liberty of = keeping=20 beasts of chase, or royal gaine, on another man's ground as well as on = one's own=20 ground, protected even from the owner of the land, with a power of = hunting them=20 thereon. It differs from a park, because it may be on another's ground, = and=20 because it is not enclosed. 2 Bl. Com. 38.

CHASE, property. The act of acquiring possession of animals = ferae=20 naturae by force, cunning or address. The hunter acquires a right to = such=20 animals by occupancy, and they become his property. 4 Toull. n. 7. No = man has a=20 right to enter on the lands of another for the purpose of hunting, = without his=20 consent. Vide 14 East, R. 249 Poth. Tr. du Dr. de Propriete, part 1, c. = 2, art.=20 2.

CHASTITY. That virtue which prevents the unlawful commerce of = the=20 sexes.

2. A woman may defend her chastity by killing her assailant. See=20 Self-defence. And even the solicitation of her chastity is indictable in = some of=20 the states; 7 Conn. 267; though in England, and perhaps elsewhere, such = act is=20 not indictable. 2 Chit. Pr. 478. Words charging a woman with a violation = of=20 chastity are actionable in themselves. 2 Conn. 707.

CHATTELS, property. A term which includes all hinds of = property,=20 except the freehold or things which are parcel of it. It is a more = extensive=20 term than goods or effects. Debtors taken in execution, captives, = apprentices,=20 are accounted chattels. Godol. Orph. Leg. part 3, chap. 6, 1.

2. Chattels are personal or real. Personal, are such as belong = immediately to=20 the person of a man; chattels real, are such as either appertain not = immediately=20 to the person, but to something by way of dependency, as a box with the = title=20 deeds of lands; or such as are issuing out of some real estate, as a = lease of=20 lands, or term of years, which pass like personally to the executor of = the=20 owner. Co. Litt. 118; 1 Chit. Pr. 90; 8 Vin. Ab. 296; 11 Vin. Ab. 166; = 14 Vin.=20 Ab. 109; Bac. Ab. Baron, &c. C 2; 2 Kent, Com. 278; Dane's Ab. = Index, h. t.;=20 Com. Dig. Biens, A; Bouv. Inst. Index, h. t.

CHEAT, criminal law, torts. A cheat is a deceitful practice, = of a=20 public nature, in defrauding another of a known right, by some artful = device,=20 contrary to the plain rules of common honesty. 1 Hawk. 343.

2. To constitute a cheat, the offence must be, lst. of a public = nature for=20 every species of fraud and dishonesty in transactions between = individuals is not=20 the subject-matter of a criminal charge at common law; it must be such = as is=20 calculated to defraud numbers, and to deceive the people in general. 2 = East, P.=20 C. 816; 7 John. R. 201; 14 John. R. 371; 1 Greenl. R. 387; 6 .Mass. R. = 72; 9=20 Cowen, R. 588; 9 Wend. R. 187; 1 Yerg. R. 76; 1 Mass. 137. 2. The = cheating must=20 be done by false weights, false measures, false tokens, or the like, = calculated=20 to deceive numbers. 2 Burr, 1125; 1 W. Bl. R. 273; Holt, R. 354.

3. That the object of the defendant in defrauding the prosecutor was=20 successful. If unsuccessful, it is a mere attempt. (q. v.) 2 Mass. 139. = When two=20 or more enter into an agreement to cheat, the offence is a conspiracy. = (q. v.)=20 To call a man a cheat is slanderous. Hetl. 167; 1 Roll's Ab. 53; 2 Lev. = 62. Vide=20 Illiterate; Token.

CHECK, contracts. A written order or request, addressed to a = bank or=20 persons carrying on the banking business, and drawn upon them by a party = having=20 money in their hands, requesting them to pay on presentment to a person = therein=20 named or to bearer, a named sum of money.

2. It is said that checks are uniformly payable to bearer Chit. on = Bills,=20 411; but that is not so in practice in the United States. they are = generally=20 payable to bearer, but sometimes they are payable to order.

3. Cheeks are negotiable instruments, as bills of exchange; though, = strictly=20 speaking, they are due before payment has been demanded, i$n which = respect they=20 differ from promissory notes and bills of exchange payable on a = particular day.=20 7 T. R. 430.

4. The differences between a common check and a bill of exchange, = are, First,=20 that a check may be taken after it is overdue, and still the holder is = not=20 subject to the equities wbich may exist between the drawer and the party = 'from=20 whom he receives it; in the case of bills of exchange, the holder is = subject to=20 such equity. 3 John. Cas. 5, 9; 9 B. & Cr. 388. Secondly, the drawer = of a=20 bill of exchange is liable only on the condition that it be presented in = due=20 time, and, if it be dishonored, that he has had notice; but such is not = the case=20 with a check, no delay will excuse the drawer of it, unless he has = suffered some=20 loss or injury on that account, and then only pro tanto. 3 Kent, Com. = 104 n. 5th=20 ed.; 8 John. Cas. 2; Story, Prom. Notes, 492.

5. There is a kind of check known by the name of memorandum cheeks; = these are=20 given in general with an understanding that they are not to be presented = at the=20 bank on which they are drawn for payment; and, as between the parties, = they have=20 no other effect than an IOU, or common due bill; but third persons who = become=20 the holders of them, for a valuable consideration, without notice, have = all the=20 rights which the holders of ordinary cheeks can lawfully claim. Story, = Prom.=20 Notes, 499.

6. Giving a creditor a cheek on a bank does not constitute payment of = a debt.=20 1 Hall, 56, 78; 7 S. & R. 116; 2 Pick. 204; 4 John. 296. See 3 Rand. = 481.=20 But a tender was held good when made by a check contained in a letter,=20 requesting a receipt in return, which the plaintiff sent back, demanding = a=20 larger sum, without objecting to the nature of the tender. 3 Bouv. Inst. = n.=20 2436.

7. A cheek delivered by a testator in his lifetime to a person as a = gift, and=20 not presented till after his death, was considered as a part of his = will, and=20 allowed to be proved as such. 3 Curt. Ecc. R. 650. Vide, generally,4 = John. R.=20 304; 7 John. R. 26; 2 Ves. jr. 111; Yelv. 4, b, note; 7 Serg. & = Rawle, 116;=20 3 John. Cas. 5, 259; 6 Wend. R. 445; 2 N. & M. 251; 1 Blackf. R. = 104; 1=20 Litt. R. 194; 2 Litt. R. 299; 6 Cowen, R. 484; 4 Har. & J. 276; 13 = Wend. R.=20 133; 10 Wend. R. 304; 7 Har. & J. 381; 1 Hall, R. 78; 15 Mass. R. = 74; 4=20 Yerg. R. 210; 9 S. & R. 125; 2 Story, R. 502; 4 Whart. R. 252.

CHECK BOOK, commerce. One kept by persons who have accounts in = bank,=20 in which are printed blank forms of cheeks, or orders upon the bank to = pay=20 money.

CHEMISTRY med. jur. The science which teaches the nature and = property=20 of all bodies by their analysis and combination. In considering cases of = poison,=20 the lawyer will find a knowledge of chemistry, even very limited in de = ree, to=20 be greatly useful. 2 Cbit. Pr. 42, n.

CHEVISANCE, contracts, torts. This is a French word, which = signifies=20 in that language, accord, agreement, compact. In the English statutes it = is used=20 to denote a bargain or contract in general. In a legal sense it is taken = for an=20 unlawful bargain or contract.

CHIEF, principal. One who is put above the rest; as, chief = magistrate=20 chief justice : it also signifies the best of a number of things. It is=20 frequently used in composition.

CHIEF CLERK OF THE DEPARTMENT OF STATE. This officer is = appointed by=20 the secretary of state; his duties are to attend to the business of the = ofFice=20 under the superintendence of the secretary; and when the secretary shall = be=20 removed from office, by the president, or in any other case of vacancy, = shall,=20 during such vacancy, have the charge and custody of all records, books = and=20 papers appertaining to such department,

CHIEF JUSTICE, officer. The president of a supreme court; as = the chief=20 justice of the United States, the chief justice of Pennsylvania, and the = -like.=20 Vide 15 Vin. Ab. 3.

CHIEF JUSTICIARY. An officer among the English, established = soon after=20 the conquest.

2. He had judicial power, and sat as a judge in the Curia Regis. (q. = v.) In=20 the absence of the king, he governed the kingdom. In the course of time, = the=20 power and distinction of this officer gradually diminished, until the = reign of=20 Henry III, when the office was abolished.

CHILD, CHILDREN, domestic relations. A child is the son or = daughter in=20 relation to the father or mother.

2. We will here consider the law, in general terms, as it relates to = the=20 condition, duties, and rights of children; and, afterwards, the extent = which has=20 been given to the word child or children by dispositions in wills and=20 testaments.

3. - 1. Children born in lawful wedlock, or within a competent time=20 afterwards, are presumed to be the issue of the father, and follow his=20 condition; thoseborn out of lawful wedlock, follow the condition of the = mother.=20 The father is bound to maintain his children and to educate them, and to = protect=20 them from injuries. Childrenare, on their part, bound to maintain their = fathers=20 and mothers, when in need, and they are of ability so to do. Poth. Du = Marriage,=20 n. 384, 389. The father in general is entitled to the custody of minor = children,=20 but, under certain circumstances, the mother will be entitled to them, = when the=20 father and mother have separated. 5 Binn. 520. Children are liable to = the=20 reasonable correction of their parents. Vide Correction

4. - 2 The term children does not ordinarily and properly speaking = comprehend=20 grandchildren, or issue generally; yet sometimes that meaning is, = affixed to it,=20 in cases of necessity; 6 Co. 16; and it has been held to signify the = same as=20 issue, in cases where the testator, by using the terms children and = issue=20 indiscriminately, showed his intention to use the former term in the = sense of=20 issue, so as to entitle grandchildren, & c., to take under it. 1 = Ves. sen.=20 196; Ambl. 555; 3 Ves. 258; Ambl. 661; 3 Ves. & Bea. 69. When = legally=20 construed, the term children is confined to legitimate children. 7 Ves. = 458. The=20 civil code of Louisiana, art. 2522, n. 14, enacts, that "under the, name = of=20 children are comprehended, not only children of the first degree, but = the=20 grandchildren, great-grand-children, and all other descendants in the = direct=20 line."

5. Children are divided into legitimate children, or those born in = lawful=20 wedlock; and natural or illegitimate children, who are born bastards. = (q. v.)=20 Vide Natural Children. Illegitimate children are incestuous bastards, or = those=20 which are not incestuous.

6. Posthumous children are those who are born after the death of = their=20 fathers. Domat, Lois Civ. liv. prel. t. 2, s. 1, 7 L. 3, 1, ff de inj. = rupt.

7. In Pennsylvania, the will of their fathers, in, which no provision = is made=20 for them, is revoked, as far as regards them, by operation of law. 3 = Binn. R.=20 498. See, as to the law of Virginia on this subject, 3 Munf. 20, and = article In=20 ventre sa mere. Vide, generally, 8 Vin. Ab. 318; 8 Com. Dig. 470; Bouv. = Inst.=20 Index, h. t.; 2 Kent, Com. 172; 4 Kent, Com. 408, 9; 1 Rop. on Leg. 45 = to 76; 1=20 Supp. to Ves. jr. 442 Id. 158; Natural children.

CHILDISHNESS. Weakness of intellect, such as that of a = child.

2. When the childishness is so great that a man has lost his memory, = or is=20 incapable to plan a proper disposition of his property, he is unable to = make a=20 will. Swinb. part. 11, 1; 6 Co. 23. See 9 Conn. 102; 9 Phil. R. 57.

CHIMIN. This is a corruption of the French word chemin, a = highway. It=20 is used by old writers. Com. Dig. Chimin.

CHINESE INTEREST. Interest for money charged in China. In a = case where=20 a note was given in China, payable eighteen months after date, without, = any=20 stipulation respecting interest, the court allowed the Chinese interest = of one=20 per cent. per month, from the expiration of the eighteen months. 2 Watts = &=20 Serg. 227, 264.

CHIROGRAPH, conveyancing. Signifies a deed or public = instrument in=20 writing. Chirographs were anciently attested by the subscription and = crosses of=20 witnesses; afterwards, to prevent frauds and concealments, deeds of = mutual=20 covenant were made in a script and rescript, or in a part and = counterpart; and=20 in the middle, between the two copies, they drew the capital letters of = the=20 alphabet, and then tallied, or cut asunder in an indented manner, the = sheet or=20 skin of parchment, oneof which parts being delivered to each of the = parties,=20 were proved authentic by matching with and answering to one another. = Deeds thus=20 made were denominated syngrapha, by the canonists, because that word, = instead of=20 the letters of the alphabet, or the word chirographum, was used. 2 Bl. = Com. 296.=20 This method of preventing counterfeiting, or of detecting counterfeits, = is now=20 used by having some ornament or some word engraved or printed at one end = of=20 certificates of stocks, checks, and a variety of other instruments, = which are=20 bound up in a book, and after they are executed, are cut asunder through = such=20 ornament or word.

2. Chirograph is also the last part of, a fine of land, commonly = called the=20 foot of the fine. It is an instrument of writing beginning with these. = words: "=20 This is the final agreement," &c. It includes the whole matter, = reciting the=20 parties, day, year and place, and before Whom the fine was acknowledged = and=20 levied. Cruise, Dig. tit. 35, c. 2, s. 52. Vide Chambers' Diet. h. t.;=20 Encyclopaedia Americana, Charter; Encyclopedie de D'Alembert, h. t.; = Pothier,=20 Pand. tom. xxii. p. 73.

CHIROGRAPHER. A word derived from the Greek, which signifies = "a=20 writing with a man's hand." A chirographer is an officer of the English = court of=20 C. P.who engrosses the fines, and delivers the indentures of them to the = parties, &c.

CHIVALRY, ancient Eng. law. This word is derived from the = French=20 chevelier, a horseman. It is. the name of a tenure of land by knight's = service.=20 Chivalry was of two kinds: the first; which was regal, or held only of = the king;=20 or common, which was held of a common person. Co. Litt. h. t.

CHOICE. Preference either of a person or thing, to one of = several=20 other persons or things. Election. (q. v.)

CHOSE, property. This is a French word, signifying thing. In = law, it=20 is applied to personal property; as choses in possession, are such = personal=20 things of which one has possession; choses in action, are such as the = owner has=20 not the possession, but merely a right of action for their possession. 2 = Bl.=20 Com. 889, 397; 1 Chit. Pract. 99; 1 Supp. to Ves. Jr. 26, 59. Chitty = defines=20 choses in actions to be rights to receive or recover a debt, or money, = or=20 damages for breach of contract, or for a tort connected with contract, = but which=20 cannot be enforced without action, and therefore termed choses, or = things in=20 action. Com. Dig. Biens; Harr. Dig. Chose in ActionChitty's Eq. Dig. b. = t. Vide=20 1 Ch. Pr. 140.

2. It is one of the qualities of a chose in action, that, at common = law, it=20 is not assignable. 2 John. 1; 15 Mass. 388; 1 Crancb, 367. But bills of = >=20

Transfer interrupted!

choses in action, may be assigned by = indorsement,=20 when payable to order, or by delivery when payable to bearer. See Bills = of=20 Exchange.

3. Bonds are assignable in Pennsylvania, and perhaps some other = states, by=20 virtue of statutory provisions.Inequity, however, all choses in action = are=20 assignable and the assignee has an equitable right to enforce the = fulfilment of=20 the obligation in the name of the assignor. 4 Mass. 511; 3 Day. 364; 1 = Wheat.=20 236; 6 Pick. 316 9 ow. 34; 10 Mass. 316; 11 Mass. 157, n. 9 S. & R. = 2441; 3=20 Yeates, 327; 1 Binn. 429; 5 Stew. & Port. 60; 4 Rand. 266; 7 Conn. = 399; 2=20 Green, 510; Harp. 17; Vide, generally, Bouv. Inst. Index, h. t.

4. Rights arising ex delicto are not assignable either at law or in=20 equity.

CHRISTIANITY. The religion established by Jesus Christ.

2. Christianity has been judicially declared to be a part of the = common law=20 of Pennsylvania; 11 Serg. & Rawle, 394; 5 Binn. R.555; of New York, = 8 Johns.=20 R. 291; of Connecticut, 2 Swift's System, 321; of Massachusetts, Dane's = Ab. vol.=20 7, c. 219, a. 2, 19. To write or speak contemptuously and maliciously = against=20 it, is an indictable offence. Vide Cooper on the Law of Libel, 59 and = 114, et=20 seq.; and generally, 1 Russ. on Cr. 217; 1 Hawk, c. 5; 1 Vent. 293; 3 = Keb. 607;=20 1 Barn. & Cress. 26. S. C. 8 Eng. Com. Law R. 14; Barnard. 162; = Fitzgib. 66;=20 Roscoe, Cr. Ev. 524; 2 Str. 834; 3 Barn. & Ald. 161; S. C. 5 Eng. = Com. Law=20 R. 249 Jeff. Rep. Appx. See 1 Cro. Jac. 421 Vent. 293; 3 Keb. 607; Cooke = on Def.=20 74; 2 How. S. C. 11-ep. 127, 197 to 201.

CHURCH. In a moral or spiritual sense this word signifies a = society of=20 persons who profess the Christian religion; and in a physical or = material sense,=20 the place where such. persons assemble. The term church is nomen = collectivum; it=20 comprehends the chancel, aisles, and body of the churcb. Ham. N. P. = 204.

2. By the English law, the terms church or chapel, and church-yard, = are=20 expressly recognized as in themselves correct and technical descriptions = of the=20 building and place, even in criminal proceedings. 8 B. & C. *25; 1 = Salk.=20 256; 11 Co. 25 b; 2 Esp. 5, 28.

3. It is not within the plan of this work to give an account of the = different=20 local regulations in the United States respecting churches. References = are here=20 given to enable the inquirer to ascertain what they are, where such = regulations=20 are known to exist. 2 Mass. 500; 3 Mass. 166; 8 Mass. 96; 9 Mass. 277; = Id. 254;=20 10 Mass. 323; 15 Mass. 296 16 Mass. 488; 6 Mass. 401; 10 Pick. 172 4 = Day, C.=20 361; 1 Root 3, 440; Kirby, 45; 2 Caines' Cas. 336; 10 John. 217; 6 John. = 85; 7=20 John. 112; 8 John. 464; 9 John. 147; 4 Desaus. 578; 5 Serg. & Rawle, = 510; 11=20 Serg. & Rawle, 35; Metc. & Perk. Dig. h. t.; 4 Whart. 531.

CHURCH-WARDEN. An officer whose duties are, as the name = implies, to=20 take care of, or guard the church.

2. These officers are created in some ecclesiastical corporations by = the=20 charter, and their rights and duties are definitely explained.In = England, it is=20 said, their principal duties are to take care of, 1. the church or = building; 2.=20 the utensils and furniture; 3. the church-yard; 4. - matters of good = order=20 concerning the church and church-yard; 5. the endowments of the church. = Bac. Ab.=20 h. t. By the common law, the capacity of church-wardens to hold property = for the=20 church, is limited to personal property. 9 Cranch, 43.

CINQUE PORTS, Eng. law. Literally, five ports. The name by = which tho=20 five ports of Hastings, Ramenhale, Hetha or Hethe, Dover, and Sandwich, = are=20 known. 2. These ports have peculiar charges and services imposed upon = them, and=20 were entitled to certain privileges and liberties. See Harg. L. Tr. = 106-113.

CIPHER. An arithmetical character, used for numerical = notation. Vide=20 Figures, and 13 Vin. Ab. 210; 18 Eng. C. L. R. 95; 1 Ch. Cr. Law, = 176.

2. By cipher is also understood a mode of secret writing. Public = ministers=20 and other public agents frequently use ciphers in their correspondence, = and it=20 is sometimes very useful so to correspond in times of war. A key is = given to=20 each minister before his departure, namely, the cipher for writing = ciphers,=20 (chiffre chiffrant,) and the cipher for deciphering (chiffre = dechiffrant.)=20 Besides these, it is usual to give him a common cipher, (chiffre banal,) = -which=20 is known to all the ministers of the same power, who occasionally use it = in=20 their correspondence with each other.

3. When it is suspected that, a cipher becomes known to the cabinet = where the=20 minister is residing, recourse is had to a preconcerted sign in order to = annul,=20 entirely or in part, what has been written in cipher, or rather to = indicate that=20 the contents are to be understood in an inverted or contrary sense. A = cipher of=20 reserve is also employed in extraordinary cases.

CIRCUIT COURT. The name of a court of the United States, which = has=20 both civil and criminal jurisdiction. In several of the states there are = courts=20 which bear this name. Vide Courts of the United States.

CIRCUITY OFACTION, practice, remedies. It is where a party, by = bringing an action, gives an action to the defendant against him.

2. As, supposing the obligee of a bond covenanted that he would not = sue on=20 it; if he were to sue he would give an. action against himself to the = defendant=20 for a breach of his covenant. The courts prevent such circuitous = actions, for it=20 is a maxim of law, so to judge of contracts as to prevent a multiplicity = of=20 actions; and in the case just put, they would hold that the covenant not = to sue=20 operated as a release. 1 T. R. 441. It is a favorite object of courts of = equity=20 to prevent a multiplicity of actions. 4 Cowen, 682.

CIRCUITS. Certain divisions of the country, appointed for = particular=20 judges to visit for the trial of causes, or for the administration of = justice.=20 See 3 Bl. Com. 58; 3 Bouv. Inst. n. 2532.

CIRCULATING MEDIUM. By this term is understood whatever is = used in=20 making payments, as money, bank notes, or paper which passes from hand = to hand=20 in payment of goods, or debts.

CIRCUMDUCTION, Scotch law. A term applied to the time allowed = for=20 bringing proof of allegiance, which being elapsed, if either party sue = for=20 circumduction of the time of proving, it has the effect that no proof = can=20 afterwards be brought; and the cause must be determined as it stood when = circumduction was obtained. Tech. Dict.

CIRCUMSTANCES, evidence. The particulars which accompany a = fact.

2. The facts proved are either possible or impossible, ordinary and = probable,=20 or extraordinary and improbable, recent or ancient; they may have = happened near=20 us, or afar off; they are public or private, permanent or transitory, = clear and=20 simple, or complicated; they are always accompanied by circumstances = which more=20 or less influence the mind in forming a judgment. And in some instances = these=20 circumstances assume the character of irresistible evidence; where, for = example,=20 a woman was found dead in a room, with every mark of having met with a = violent=20 death, the presence of another person at thescene of action was made = manifest by=20 the bloody mark of a left hand visible on her left arm. 14 How. St. Tr. = 1324.=20 These points ought to be carefully examined, in order to form a correct = opinion.=20 The first question ought to be, is the fact possible ? If so, are there = any=20 circumstances which render it impossible ? If the facts are impossible, = the=20 witness ought not to be credited. If, for example, a man should swear = that he=20 saw the deceased shoot himself with his own pistol, and upon an = examination of=20 the ball which killed him, it should be found too large to enter into = the=20 pistol, the witness ought not to be credited. 1 Stark. Ev. 505; or if = one should=20 swear that another had been guilty of an impossible crime.

3. Toullier mentions a case, which, were it not for the ingenuity of = the=20 counsel, would require an apology for its introducion here, on account = of its=20 length. The case was this: La Veuve Veron brought an action against M. = de=20 Morangies on some notes, which the defendant alleged were fraudulently = obtained,=20 for the purpose of recovering 300,000 francs, and the question was, = whether the=20 defendant had received the money. Dujonquai, the grandson of the = plaintiff,=20 pretended he had himself, alone and on foot, carried this sum in gold to = the=20 defendant, at his hotel at the upper end of the rue Saint Jacques, in = thirteen=20 trips, between half-past seven and about one o'clock, that is, in about = five=20 hours and a half, or, at most, six hours. The fact was improbable; = Linquet, the=20 counsel of the defendant, proved it was impossible; and this is his=20 argument:

4. Dujonquai said that he had divided the sum in thirteen bags, each=20 containing six hundred louis d'ors, and in twenty-three other bags, each = containing two hundred. There remained twenty-five louis to complete the = whole=20 sum, which, Dujonquai said, he received from the defendant as a = gratuity. At=20 each of 'these trips, he says, he put a bag, containing two hundred = louis, that=20 is, about three pounds four ounces, in each of his coat pockets, which, = being=20 made in the fashion of those times, hung about the thighs, and in = walking must=20 have incommoded him and obstructed his speed; he took, besides, a bag = containing=20 six hundred louis in his arms; by this means his movements were impeded = by a=20 weight of near ten pounds.

5. The measured distance between the house where Dujonquai took the = bags to=20 the foot of the stairs of the defendant, "as five hundred and sixteen = toises,=20 which, multiplied by twenty-six, the thirteen trips going and returning, = make=20 thirteen thousand four hundred and sixteen toises, that is, more than = five=20 leagues and a half (near seventeen miles), of two thousand four hundred = toises,=20 which latter distance is considered sufficient for an hour's walk, of a = good=20 walker. Thus, if Dujonquai had been unimpeded by any obstacle, he would = barely=20 have had time to perform the task in five or six hours, even without = taking any=20 rest orrefreshment. However strikingly improbable this may have been, it = was not=20 physically impossible. But

6.- 1. Dujonquai, in going to the defendant's, had to descend = sixty-three=20 steps from his grandmother's, the plaintiff's chamber, and to ascend=20 twenty-seven to that of the defendant, in the whole, ninety steps. In = return=20 ing, the ascent and descent were changed, but the steps were the same; = so that=20 by multiplying, by twenty-six, the number of trips going and returning, = it would=20 be seen tbere were two thousand three hundred and forty steps. = Experience had=20 proved that in ascending to the top of the tower of Notre Dame (a church = in=20 Paris), where there are three hundred and eighty-nine steps, it occupied = from=20 eight to nine minutes of time. It must then have taken an hour out of = the five=20 or six which had been employed in making the thirteen trips.

7.-2. Dujonquai had to go up the rue Saint Jacques, which is very = steep; its=20 ascent would necessarily decrease the speed of a man, burdened and=20 encumberedwith the bags which he carried in his pockets and in his = arms.

8.-3. This street, which is very public, is usually, particularly in = the=20 morning, encumbered by a multitude of persons going in every direction, = so that=20 a person going along must make an infinite number of deviations from a = direct=20 line; each by itself, is almost imperceptible, but at the end of five or = six=20 hours, they make a considerable sum, which may be estimated at a tenth = part of=20 the whole course in a straight line; this would make about half a = league, to be=20 added to the five and a half leagues, which is the distance in a direct=20 line.

9. - 4. On the morning that Dujonquai made these trips, the daily and = usual=20 incumbrances of this street were increased by sixty or eighty workmen, = who were=20 employed in removing by hand and with machine, an enormous stone, = intended for=20 the church of Saint Genevieve, now the pantheon, and by the immense = crowd which=20 this attracted; this was a remarkable eircumstance, which, supposing = that=20 Dujonquai had not yielded to the temptation of stopping a few moments to = see=20 what was doing, must necessarily have impeded his way, and made him lose = seven=20 or eight minutes each trip, which, multiplied by twenty-six would make = about two=20 hours and a half.

10. - 5. The, witness was obliged to open and shut the doors at the=20 defendant's house; it required time to take up the bags and place them = in his=20 pockets, to take them out and put them on the defendant's table, who, by = an=20 improbable supposition, counted the money in the intervals between the = trips,=20 and not in the presence of the witness. Dujonquai, too, must have taken = receipts=20 or acknowledgments at each trip, he must read them, and on arriving at = home,=20 deposited them in some place of safety all these distractions would = necessarily=20 occasion the loss of a few minutes. By adding these with scrupulous = nicety, and=20 by further adding the time employed in taking and depositing the bags, = the=20 opening and shutting of the doors, the reception of the receipts, the = time=20 occupied in reading and putting them away, the time consumed in several=20 conversations, which he admitted he had with persons in the street; all = these=20 joined to the obstacles above mentioned, made it evident that it was = physically=20 impossible that Dujonquai should have carried the 300,000 francs to the = house of=20 the defendant, as he affirmed he had done. Toull. tom. 9, n. 241, p. = 384. Vide,=20 gencrally, 1 Stark. Ev. 502; 1 Phil. Ev. 116. See some curious cases of=20 circumstantial evidence in Alis. Pr. Cr. Law, 313, 314; and 2 Theorie = des Lois=20 Criminelles, 147, n.; 3 Benth. Jud. Ev. 94, 223; Harvey's Meditations on = the=20 Night, note 35; 1 Taylor's Med. Jur. 372; 14 How. St. Tr. 1324; Theory = of=20 Presumptive Proof, passim; Best on Pres. SSSS 187, 188, 197. See Death;=20 Presumption; Sonnambulism.

CIRCUMSTANDIBUS, persons, practice. Bystanders from whom = jurors are to=20 be selected when the panel has been exhausted. Vide Tales de=20 circumstandibus.

CIRCUMVENTION, torts, Scotch law. Any act of fraud whereby a = person is=20 reduced to a deed by decreet. Tech. Dict. It has the same sense in the = civil=20 law. Dig. 50, 17, 49 et 155; Id. 12, 6, 6, 2; Id. 41, 2, 34. Vide=20 Parphrasis.

CITATIO AD REASSUMENDAM CAUSAM, civil law. The name of a = citation,=20 which issued when a party died pending a suit, against the heir of the=20 defendant, or when the plaintiff died, for the heir of the plaintiff. = Our bill=20 of revivor is probably borrowed from this proceeding.

CITATION, practice. A writ issued out of a court of competent, = jurisdiction, commanding a person therein named to appear and do = something=20 therein mentioned, or to show cause why he should not, on a day named. = Proct.=20 Pr. h. t. In the ecclesiastical law, the citation is the beginning and=20 foundation of the whole cause; it is said to have six requisites, = namely.: the=20 insertion of the name of the judge; of the promovert; of the impugnant; = of the=20 cause of suit; of the place; and of the time of appearance; to which may = be=20 added the affixing the seal of the court, and the name of the register = or his=20 deputy. 1 Bro. Civ. Law, 453-4; Ayl. Parer. xliii. 175; Hall's Adm. Pr. = 5; Merl.=20 Rep. h. t. By, citation is also understood the act by which a person is=20 summoned, or cited.

CITATION OF AUTHORITIES. The production or reference to the = text of=20 acts of legislatures and of treatises, and decided cases, in order to = support=20 what is advanced.

2. Works are sometimes surcharged with useless and misplaced = citations; when=20 they are judiciously made, they assist the reader in his researches. = Citations=20 ought not to be made to prove what is not doubted; but when a = controverted point=20 is mooted, it is highly proper to cite the laws and cases, or other = authorities=20 in support of the controverted proposition.

3. The mode of citing statutes varies in the United States; the laws = of the=20 United States are generally cited by their date, as the act of Sept. 24, = 1789,=20 s. 35; or act of 1819, eh. 170, 3 Story's U. S. Laws, 1722. In = Pennsylvania,=20 acts of assembly are cited as follows: act of 14th of April, 1834; in=20 Massachusetts, stat. of 1808, c. 92. Treatises and books of reports, are = generally cited by the volume and page, as, 2 Powell on Morts. 600; 3 = Binn. R.=20 60. Judge Story and some others, following the examples of the = civilians, have=20 written their works and numbered the paragraphs; these are cited as = follows:=20 Story's Bailm. 494; Gould on Pl. c. 5, 30. For other citaions the reader = is=20 referred to the article Abbreviations.

4. It is usual among the civilians on the continent of Europe, in = imitation=20 of those in the darker ages, in their references to the Institutes, the = Code and=20 the Pandects or Digest, to mention the number, not of the book, but of = the law,=20 and the first word of the title to which it belongs; and as there are = more than=20 a thousand of these, it is no easy task for one not thoroughly = acquainted with=20 those collections, to find the place to which reference is made. The = American=20 writers generally follow the natural mode of reference, by putting down = the name=20 of the collection, and then the number of the book, title, law, and = section. For=20 example, Inst. 4, 15, 2, signifies Institutes, book four, title fifteen, = and=20 section two; Dig. 41, 9, 1, 3, means Digest, book 41, title 9, law 1, = section 3;=20 Dig. pro dote, or ff pro dote, that is, section 3, law 1, of the book = and title=20 of the Digest or Pandects, entitled pro dote. It is proper to remark, = that Dig.=20 and ff are equivalent; the former signifies Digest, and the latter, = which is a=20 careless mode of writing the Greek letter it, the first letter of the = word=20 pavdectai, Pandects, and the Digest and Pandects are different names for = one and=20 the same thing. The Code is cited in the same way. The Novels are cited = by their=20 number, with tbat of the chapter and paragraph; for example, Nov. 185, = 2, 4; for=20 Novella Justiniani 185, capite 2, paragrapho 4. Novels are also quoted = by the=20 Collation, the title, chapter, and paragraph as follows: in Authentics,=20 Collatione 1 titulo 1, cap. 281. The Authentics are quoted by their = first words,=20 after which is set down the title of the Code under which they are = placed for=20 example, Authentica cum testator, Codice ad legem fascidiam Sele Mackel. = Man.=20 Intro. 66. Modus Legendi Abbreviaturas passim in jure tam civili quam = pontificii=20 occurrentes, 1577.

CITIZEN, persons. One who, under the constitution and laws of = the=20 United States, has a right to vote for representatives in congress, and = other=20 public officers, and who is qualified to fill offices in the gift of the = people.=20 In a more extended sense, under the word citizen, are included all white = persons=20 born in the United States, and naturalized persons born out of the same, = who=20 have not lost their right as such. This includes men, women, and = children.

2. Citizens are either native born or naturalized. Native citizens = may fill=20 any office; naturalized citizens may be elected or appointed to any = office under=20 the constitution of the United States, except the office of president = and=20 vice-president. The constitution provides, that " the citizens of each = state=20 shall be entitled to all the privileges and immunities of citizens in = the=20 several states." Art. 4, s. 2.

3. All natives are not citizens of the United States; the descendants = of the=20 aborigines, and those of African origin, are not entitled to the rights = of=20 citizens. Anterior to the adoption of the constitution of the United = States,=20 each state had the right to make citizens of such persons as it pleased. = That=20 constitution does not authorize any but white persons to become citizens = of the=20 United States; and it must therefore be presumed that no one is a = citizen who is=20 not white. 1 Litt. R. 334; 10 Conn. R. 340; 1 Meigs, R. 331.

4. A citizen of the United States, residing in any state of the = Union, is a=20 citizen of that state. 6 Pet. 761 Paine, 594;1 Brock. 391; 1 Paige, 183 = Metc.=20 & Perk. Dig. h. t.; vide 3 Story's Const. 1687 Bouv. Inst. Index, b. = t.; 2=20 Kent, Com. 258; 4 Johns. Ch. R. 430; Vatt. B. 1, c. Id, 212; Poth. Des=20 Personnes, tit. 2, s. 1. Vide Body Politic; Inhabitant.

CITY, government. A town incorporated by that name. = Originally, this=20 word did not signify a town, but a portion of mankind who lived under = the same=20 government: what the Romans called civitas, and, the Greeks polis; = whence the=20 word politeia, civitas seu reipublicae status et administratio. Toull. = Dr. Civ.=20 Fr. 1. 1, t. 1, n. 202; Henrion de Pansey, Pouvoir Municipal, pp. 36, = 37.

CIVIL. This word has various significations. 1. It is used in=20 contradistinction to barbarous or savage, to indicate a state of society = reduced=20 to order and regular government; thus we speak of civil life, civil = society,=20 civil government, and civil liberty

2. It is sometimes used in contradistinction to criminal, to indicate = the=20 private rights and remedies of men, as members of the community, in = contrast to=20 those which are public and relate to the government; thus we speak of = civil=20 process and criminal process, civil jurisdiction and criminal = jurisdiction.

3. It is also used in contradistinction to military or = ecclesiastical, to=20 natural or foreign; thus we speak of a civil station, as opposed to a = military=20 or ecclesiastical stationa civil death as opposed to a natural death; a = civil=20 warasopposed to a foreign war. Story on the Const. 789; 1 Bl. Coin. 6, = 125, 251;=20 Montesq. Sp. of Laws, B 1, c. 3; Ruth. Inst. B. 2, c. 2; Id. ch. 3Id. = ch. 8, p.=20 359; Hein. Elem. Jurisp. Nat. B. 2, ch. 6.

CIVIL ACTION. In New York, actions are divided only into two = kinds,=20 namely, criminal and civil. A criminal action is prosecuted by the = state, as a=20 party, against a person charged with a public offence, for the = punishment=20 thereof. Every other action is a civil action. Code of Procedure, s. 4, = 5, 6; 3=20 Bouv. Inst. n. 2638. In common parlance, however, writs of mandamus, = certiorari,=20 habeas corpus, &c., are not comprised by the expression, civil = actions. 6=20 Bin. Rep. 9.

CIVIL COMMOTION. Lord Mansfield defines a civil commotion to = be "an=20 insurrection of the people for general purposes, though it may not = amount to=20 rebellion where there is an usurped power." 2 Marsh. lnsur. 793. In the = printed=20 proposals which are considered as making a part of the contract of = insurance=20 against fire, it is declared that the insurance company will not make = good any=20 loss happening by any civil commotion.

CIVIL DEATH, persons. The change of the state (q. v.) of a = person who=20 is declared civilly dead by judgment of a competent tribunal. In such = case, the=20 person against whom such sentence is pronounced is considered dead. 2 = John. R.=20 218. See Gilb. Uses, 150; 2 Bulst. 188; Co. tit. 132; Jenk. Cent. 250; 1 = Keble,=20 398; Prest. on Convey. 140. Vide Death, civil.

CIVIL LAW. The municipal code of the Romans is so called. It = is a rule=20 of action, adopted by mankind in a state of society. It denotes also the = municipal law of the land. 1 Bouv. Inst. n. 11. See Law, civil.

CIVIL LIST. The sum which is yearly paid by the state to its = monarch,=20 and the domains of which he is suffered to have the enjoyment.

CIVIL OBLIGATION, Civil law. One which binds in law, vinculum = juris,=20 and which may be enforeed in a court of justice. Poth. Obl. 173, and = 191. See=20 Obligation.

CIVIL OFFICER. The constitution of the United States, art. 2, = s. 4,=20 provides, that the president, vice-president, and civil officers of the = United=20 States, shall be removed from office on impeachment for, and conviction = of=20 treason, bribery, or other high crimes and misdemeanors. By this term=20 areincluded all officers of the United States who hold their = appointments under=20 the national government, whether their duties are executive or judicial, = in the=20 highest or the lowest departments; of the government, with the exception = of=20 officers of the army and navy. Rawle on the Const. 213; 2 Story, Const. = 790; a=20 senator of the United States, it was decided, was not a civil officer, = within=20 the meaning of this clause in the constitution. Senate Journals, 10th = January,=20 1799; 4 Tuck. Bl. Com. Appx. 57, 58; Rawle, Const. 213; Serg. on Const. = Law,=20 376; Story, Const. 791.

CIVIL REMEDY, practice. This term is used in opposition to the = remedy=20 given by indictment in a criminal case, and signifies the remedy which = the law=20 gives to the party against the offender.

2. In cases of treason and felony, the law,, for wise purposes, = suspends this=20 remedy in order to promote the public interest, until the wrongdoer = shall have=20 been prosecuted for the public wrong. 1 Miles, Rep. 316-17; 12 East, = 409; R. T.=20 H. 359; 1 Hale's P. C. 546; 2 T. R. 751, 756; 17 Ves. 329; 4 Bl. Com. = 363; Bac.=20 Ab. Trepass, E 2; and Trover, D. This principle has been adopted in New=20 Hampshire N. H. R. 239; but changed in New York by statutory provision; = 2 Rev.=20 Stat. 292, 2 and by decisions in Massachusetts, except perhaps in = felonies=20 punishable with death; 15 Mass. R. 333; in Ohio; 4 Ohio R. 377; in North = Carolina; 1 Tayl. R. 58. By the common law, in cases of homicide, the = civil=20 remedy is merged in the felony. 1 Chit. Pr. 10. Vide art. Injuries; = Merger.

CIVIL STATE. The union of individual men in civil society = under a=20 system of laws and a magistracy, or magistracies, charged with the=20 administration of the laws. It is a fundamental law of the civil state, = that no=20 member of it shall undertake to redress or avenge any violation of his = rights,=20 by another person, but appeal to the constituted authorities for that = purpose,=20 in all cases in which is is possible for him to do so. Hence the = citizens are=20 justly considered as being under the safeguard of the law. 1 Toull. n. = 201. Vide=20 Self-defence.

CIVILIAN. A doctor, professor, or student of the civil = law.

CIVILITER. Civilly; opposed to criminaliter or criminally.

2. When a person does an unlawful act injurious to another, whether = with or=20 without an intention to commit a tort, he is responsible civiliter. In = order to=20 make him liable criminaliter, he must have intended to do the wrong; for = it is a=20 maxim, actus non facit reum nisi mens sit rea. 2 East, 104.

CIVILITER MORTUUS. Civilly dead; one who is considered as if = he were=20 naturally dead, go far as his rights are concerned.

CLAIM. A claim is a challenge of the ownership of a thing = which a man=20 has not in possession, and is wrongfully withheld by another. Plowd. = 359; Wee i=20 Dall.444; 12 S. & R. 179.

2. In Pennsylvania, the entry on of the demand of a mechanic or = materialman=20 for work done or material furnished in the erection of a building, in = those=20 counties to which the lien laws extend, is called a claim.

3. A continual c1aim is a claim made in a particular way, to preserve = the'=20 rights of a feoffee. See Continual claim.

4. Claim of conusance is defined to be an intervention by a third = person,=20 demanding jurisdiction of a cause against a plaintiff, who has chosen to = commence his action out of the claimant's court. 2 Wils. 409; 1 Cit. Pb. = 403;=20 Vin. Ab. Conusance; Com. Dig. Courts, P; Bac. Ab. Courts, D 3; 3 Bl. = Com.=20 298.

CLAIMANT. In the courts of admiralty, when the suit is in rem, = the=20 cause is entitled in the Dame of the libellant against the thing = libelled, as A=20 B v. Ten cases of calico and it preserves that title through the whole = progress=20 of the suit.When a person is authorized and admitted to defend the = libel, he is=20 called the claimant. The United States v. 1960 bags of coffee; 8 Cranch, = R. 398;=20 United States v. The Mars; 8 Cranch, R. 417; 30 hhds. of sugar, = (Brentzon,=20 claimant, v. Boyle. 9 Cranch, R. 191.

CLANDESTINE. That which is done in secret and contrary to = law.

2.Generally a clandestine act in case of the limitation of actions = will=20 prevent the act from running. A clandestine marriage is one which has = been=20 contracted without the form which the law has prescribed for this = important=20 contract. Alis. Princ. 543

CLARENDON. The constitutions of Clarendon were certain = statutes made=20 in the reign of Henry H., of England, in a parliament holden at = Clarendon, by=20 which the king cheeked the power of the pope and his clergy. 4 Bl. Com. = 415.

CLASS. The order according to which are arranged or = distributed, or=20 are supposed to be arranged or distributed, divers persons or things; = thus we=20 say, a class of legatees.

2. When a legacy is given to a class of individuals, all who answer = the=20 description at the time the will takes effect, are entitled; and though = the=20 expression be in the plural, yet if there be but one, he shall take the = whole. 3=20 M'Cord, Ch. R. 440.

3. When a bond is given to a class of persons, it is good, and all = composing=20 that class are entitled to sue upon it; but if the obligor be a member = of such=20 class, the bond is void, because a man cannot be obligor and obligee at = the=20 same-time; as, if a bond be given to the justices of the county court, = and at=20 the time the obligor is himself one of said justices. 3 Dev. 284, = 287,289; 4=20 Dev. 882.

4. When a charge is made against a class of society, a profession, an = order=20 or body of men, and cannot possibly import a personal application to = private=20 injury, no action lies; but if any one of the class have sustained = special=20 damages inconsequence of such charge, he may maintain an action. 17 = Wend. 52,=20 23, 186. See 12 John. 475. When the charge is against one of a class, = without=20 designating which, no action lies; as, where three persons had been = examined as=20 witnesses, and the defendant said in addressing himself to them, " one = of you=20 three is perjured." 1 Roll. Ab. 81; Cro. Jac. 107; 16 Pick. 132.

CLAUSE, contracts. A particular disposition which makes part = of a=20 treaty; of an act of the legislature; of a deed, written agreement, or = other=20 written contract or will. When a clause is obscurely written, it ought = to be=20 construed in such a way as to agree with what precedes and what follows, = if=20 possible. Vide Dig. 50, 17, 77; Construction; Interpretation.

CLAUSUM FREGIT, torts, remedies. He broke the close. These = words are=20 used in a writ for an action of trespass to real estate, the defendant = being=20 summonedto answer quare clausum fregit, that is, why he broke the close = of the=20 plaintiff. 3 Bl. Com. 209.

2. Trespass quare clausum fregit lies for every unlawful intrusion = into land,=20 whether enclosed or not, though only grass may be trodden. 1 Dev. & = Bat.=20 371. And to maintain this action there must be a possession in the = plaintiff,=20 and a right to that possession.9 Cowen 39; 4 Yeates, 418; 11 Conn. 60, = 10 Conn.=20 225; 1 John. 511; 12 John. 1834 Watts, 377; 4 Bibb, 218; 15 Pick. 32; 6 = Rand.=20 556; 2 Yeates, 210; 1 Har. & John. 295; 8 Mass. 411.

CLEARANCE, com. law. The name of a certificate given by the = collector=20 of a port, in which is stated the master or commander (naming him) of a = ship or=20 vessel named and described, bound for a port, named, and having on board = goods=20 described, has entered and cleared his ship or vessel according to = law.

2. The Act of Congress of 2d March, 1790, section 93, directs, that = the=20 master of any vessel bound to a foreign place, shall deliver to the = collector of=20 the dis ot from which such vessel shall be about to depart, a manifest = of all=20 the cargo on board, and the value thereof, by him subscribed, and shall = swear or=20 affirm to the truth thereof; whereupon the collector shall grant a = clearance for=20 such vessel and her cargo; but without specifying the particulars = thereof in=20 such clearance, unless required by the master so to do. And if any = vessel bound=20 to any foreign place shall depart on her voyage to such foreign place, = without=20 delivering such a manifest and obtaining a clearance, the master shall = forfeit=20 and pay the sum of five hundred dollars for every such offence. = Provided,=20 anything to the contrary notwithstanding, the collectors and other = officers of=20 the customs shall pay due regard to the inspection laws of the states in = which=20 they respectively act, in such manner, that no vessel having on board = goods=20 liable to inspection, shall be cleared out, until the master or other = person=20 shall have produced such certificate, that all such goods have been duly = inspected, as the laws of the respective states do or may require, to be = produced to the collector or other officer of the customs. And provided, = that=20 receipts for the payment of all legal fees which shall have accrued on = any=20 vessel, shall, before any clearance is granted, be produced to the = collector or=20 other officer aforesaid .

3. According to Boulay-Paty, Dr. Com. tome 2, p. 19, the clearance is = imperiously demanded for the safety of the vessel; for if a vessel = should be=20 found without it at sea, it may be legally taken and brought into some = port for=20 adjudication, on a charge of priacy. Vide Ship's papers.

CLEARING HOUSE, com. law. Among the English bankers, the = clearing=20 house is a place in Lombard street, in London, where the bankers of that = city=20 daily settle with each other the balances which they owe, or to which = they are=20 entitled. Desks are placed around the room, one of which is appropriated = to each=20 bankiug house, and they are: occupied in alphabetical order. Each clerk = has a=20 box or drawer along side of him, and the name of the house he represents = is=20 inscribed over his head. A clerk of each house comes in about half-past = three=20 o'clock in the afternoon, and brings the drafts or cheeks on the other = bankers,=20 which have been paid by his house that day, and deposits thein in their = proper=20 drawers. The clerk at the desk credits their accounts separately which = they have=20 against him, as found in the drawer. Balances are thus struck from all = the=20 accounts, and the claims transferred from one to another, until they are = so=20 wound up and cancelled, that each clerk has only to settle with two or = three=20 others, and the balances are immediately paid. When drafts are paid at = so late=20 an hour that they cannot be cleared that day, they are sent to the = houses on=20 which they are drawn, to be marked, that is, a memorandum is made on = them, and=20 they are to be cleared the next day. See Gilbert's Practical Treatise on = Banking, pp. 16-20, Babbage on the Economy of Machines, n. 173, 174; = Kelly's=20 Cambist; Byles, on Bills, 106, 110; Pulling's Laws and Customs of = London,=20 437.

CLEMENCY. The disposition to treat with leniency. See Mercy;=20 Pardon.

CLEMENTINES, eccl. law. The name usually given to the = collection of=20 decretals or constitutious of Pope Clement V., which was made by order = of John=20 XXII. his successor, who published it in 1317. The death of Clement V., = which=20 happened in 1314, prevented him from publishing this collection, which = is=20 properly a compilation, as well of the epistles and constitutions of = this pope,=20 as of the decrees of the council of Vienna, over which he presided. The=20 Clementines are divided in five books, in which the matter is = distributed nearly=20 upon the same plan as the Decretals of Gregory IX. VideLa Bibliotheque = des=20 auteurs ecclesiastiques, par Dupin.

CLERGY. All who are attached to the ecclesiastical ministry = are called=20 the clergy; a clergyman is therefore an ecclesiastical minister.

2. Clergymen were exempted by the emperor Constantine from all civil = burdens.=20 Baronius ad ann. 319, 30. Lord Coke says, 2 Inst. 3, ecclesiastical = persons have=20 more and greater liberties than other of the king's subjects, wherein to = set=20 down all, would take up a whole volume of itself.

3. In the United States the clergy is not established by law, but = each=20 congregation or church may choose its own clergyman.

CLERICAL ERROR. An error made by a clerk in transcribing or = otherwise.=20 This is always readily corrected by the court. 2. An error, for example, = in the=20 teste of a fi. fa.; 4 Yeates, 185, 205; or in the teste and return of a = vend.=20 exp.; 1 Dall. 197 or in writing Dowell forMcDowell. 1 Serg. & R. = 120; 8 Rep.=20 162 a; 9 Serg. & R. 284, 5. An error is amendable where there is = something=20 to amend by, and this even in a criminal case. 2 Bin. 5-16; 5 Burr. = 2667; 1 Bin.=20 367-9; Dougl. 377; Cowp. 408. For the party ought not to be harmed by = the=20 omission of the clerk; 3 Bin. 102; even of his signature, if he affixes = the=20 seal. 1 Serg. & R. 97.

CLERK, commerce, contract. A person in the employ of a = merchant, who=20 attends only to a part of his business, while the merchant himself = superintends=20 the whole. He differs from a factor in this, that the latter wholly = supplies the=20 place of his principal in respect to the property consigned to him. = Pard. Dr.=20 Com. n. 38, 1 Chit. Pract. 80; 2 Bouv. Inst. n. 1287.

CLERK, officer. A person employed in an office, public or = private, for=20 keeping records or accounts. His business is to write or register, in = proper=20 form, the transactions of the tribunal or body to which he belongs. Some = clerks,=20 however, have little or no writing to do in their offices, as, the clerk = of the=20 market, whose duties are confined chiefly to superintending the markets. = In the=20 English law, clerk also signifies a clergyman.

CLERK, eccl. law. Every individual, who is attached to the=20 ecclesiastical state, and who has submitted to the ceremony of the = tonsure, is a=20 clerk.

CLIENT, practice. One who employs and retains an attorney or=20 counsellor to manage or defend a suit or action in which he is a party, = or to=20 advise him about some legal matters.

2. The duties of the client towards his counsel are, 1st. to give him = a=20 written authority, 1 Ch. Pr. l9; 2. to disclose his case with perfect = candor3.=20 to offer spontaneously, advances of money to his attorney; 2 Ch. Pr. 27; = 4. he=20 should, at the end of the suit, promptly pay his attorney his fees. Ib. = His=20 rights are, 1. to be diligently served in the management of his business = 2. to=20 be informed of its progress and, 3. that his counsel shall not disclose = what has=20 been professionally confided to him. See Attorney at law; Confidential=20 communication.

CLOSE. Signifies the interest in the soil, and not merely a = close or=20 enclosure in the common acceptation of the term. Doct. & Stud. 307 = East, 207=20 2 Stra. 1004; 6 East, 1541 Burr. 133 1 Ch. R. 160.

2. In every case where one man has a right to exclude another from = his land,=20 the law encircles it, if not already enclosed, with an imaginary fence; = and=20 entitles him to a compensation in damages for the injury he sustains by = the act=20 of another passing through his boundary, denominating the injurious act = a breach=20 of the enclosure. Hamm. N. P. 151; Doct. & Stud. dial. 1, c. 8, p. = 30; 2=20 Whart. 430.

3. An ejectment will not lie for a close. 11 Rep. 55; 1 Rolle's R. 55 = Salk.=20 254 Cro. Eliz. 235; Adams on Eject. 24.

CLOSE ROLLS, or close writs, Eng. law. Writs containing, = grants from=20 the crown, to particular persons, and for particular purposes, and, not = being=20 intended for public inspection, are closed up and sealed on the outside, = and for=20 that reason called close writs ,in contradistinction. to grants relating = to the=20 public in general, which are left open and not sealed up, and are called = letters=20 patent. (q. v.) 2 Bl. Com. 346.

CLOSED DOORS. Signifies that something is done privately. The = senate=20 sits with closed doors on executive business.

2. In general the legislative business of the country is transacted = openly.=20 And the constitution and laws require that courts of justice shall be = open to=20 the public.

CLUB. An association of persons.It differs from a partnersbip = in this,=20 that the members of a club have no authority to bind each other further = than=20 they are authorized, either expressly or by implication, as each other's = agents=20 in the particular transaction; whereas in trading associations, or = common=20 partnerships, one partner may bind his co-partners, as each has a right = of=20 property in the whole. 2 Mees. & Welsb. 172; Colly, Partn. 31; = Story, Partn.=20 144; Wordsworth on Joint Stock Companies, 154, et seq.; 6 W. & S. = 67; 3, W.=20 & S. 118.

CO. A prefix or particle in the nature of an inseparable = proposition,=20 signifying with or in conjunction. Con and the Latin cum are equivalent, = as,=20 co-executors, co-obligor. It is also used as an abbreviation for company = as,=20 John Smith & Co.

COADJUTOR, eccl. law. A fellow helper or assistant; = particularly=20 applied to the assistant of a bishop.

COAL NOTE, Eng. law. A species of promissory note authorized = by the=20 st. 3 Geo. H., c. 26, SSSS 7 and 8, which, having these words expressed = therein,=20 namely, " value received in coals," are to be protected and noted as = inland=20 bills of exchange.

COALITION, French law. By this word is understood an unlawful=20 agreement among several persons, not to do a thing except on some = conditions=20 agreed upon.

2. The most usual coalitions are, 1st. those which take place among = master=20 workmen, to reduce, diminish or fix at a low rate the wages of = journeymen and=20 other workmen; 2d. those among workmen or journeymen, not to work except = at a=20 certain price. These offences are punished by fine and imprisonment. = Dict. de=20 Police, h. t. In our law this offence is known by the name of = conspiracy. (q.=20 v.)

CO-ADMINISTRATOR. One of several administrators. In general, = they=20 have, like executors, the power to act singly to the personal estate of = the=20 intestate. Vide Administrator.

CO-ASSIGNEE. One who is assignee with another.

2. In general, the rights and duties of co-assignees are equal.

CO-EXECUTOR. One who is executor of a will in company with = another. In=20 general each co-executor has the full power over the personal estate of = the=20 testator, that all the executors have jointly. Vide Joint Executors. But = one=20 cannot bring suit without joining with the others.

COAST. The margin of a country bounded by the sea. This term = includes=20 the natural appendages of the territory which rise out of the water, = although=20 they are not of sufficient firmness to be inhabited or fortified. Shoals = perpetually covered with water are not, however, comprehended under the = name of=20 coast. The small islands, situate at the mouth of the Mississippi, = composed of=20 earth and trees drifted down by the river, which are not of consistency = enough=20 to support the purposes of life, and are uninhabited, though resorted to = for=20 shooting birds, were held to form a part of the coast. 5 Rob. Adm. R. = 385.=20 (c).

COCKET, commerce. In England the office at the custom house, = where the=20 goods to be exported are entered, is so called, also the custom house = seal, or=20 the parchment sealed and delivered by the officers of customs to = merchants, as a=20 warrant that their goods are customed. Crabbe's Tech. Dict.

COCKETTUM, commerce. In the English law this word signifies, = 1. the=20 custom- house seal; 2. the office at the custom where cockers are to be=20 procured. Crabbe's Tech. Dict.

CODE, legislation. Signifies in general a collection of laws. = It is a=20 name given by way of eminence to a collection of such laws made by the=20 legislature. Among the most noted may be mentioned the following:

CODES, Les Cing Codes; French law. The five codes.

2. These codes are, 1st. Code Civil, which is divided into three = books; book=20 1, treats of persons, and of the enjoyment and privation of civil = rights; book=20 2, of property and its different modifications; book 3, of the different = ways of=20 acquiring property. One of the most perspicuous and able, commentators = on this=20 code is Toullier, frequently citedin this work.

3. - 2d. Code de procedure civille, which is divided into two parts. = Part 1,=20 is divided into five books; 1. of justices of the. peace; 2. of inferior = tribunals; 3. of royal courts; 4. of extraordinary means of proceeding; = 5. of=20 execution and judgment. Part 2, is divided into three books; 1. of = tender and=20 consignation; 2. of process in relation to the opening of a succession; = 3. of=20 arbitration.

4. - 3d. Code de Commerce, in four books; 1. of commerce in general; = 2. of=20 maritime comraerce; 3. of failures and bankruptcy; 4. of commercial=20 jurisdiction. Pardessus is one of the ablest commentators on this = code.

5. - 4th. Code d'Instructions Criminelle, in two books; 1. of = judiciary=20 police, and its officers; 2. of the administration of justice.

6.-5th. Code Penal, in four books; 1. of punishment in criminal and=20 correctional cases, and their effects; 2. of the persons punishable, = excusable=20 or responsible, for their crimes or misdemeanors; 3. of crimes, = misdemeanors,=20 (delits,) and their punishment; 4. of contraventions of police, and = their=20 punishment. For the history of these codes, vide Merl. Rep. h. t.; = Motifs,=20 Rapports, Opinions et Discours sur les Codes; Encyclop. Amer. h. t.

7. Henrion de Pansey, late a president of the Court of Cassation, = remarks in=20 reference to these codes: "In the midst of the innovations of these = later times,=20 a system of uniformity has suddenly engrossed all minds, and we have had = imposed=20 upon us the same weights, the same measures, the same laws, civil, = criminal,=20 rural and commercial. These new codes, like everything which comes from = the hand=20 of man, have imperfections and obscurities. The administration of them = is=20 committed to nearly thirty sovereign courts and a multitude of petty = tribunals,=20 composed of only three judges, and yet are invested with the right of=20 determining in the last resort, under many circumstances. Each tribunal, = the=20 natural interpreter of these laws, applies them according to its own = view, and=20 the new codes were scarcely in operation before this beautiful system of = uniformity became nothing more than a vain theory. Authorite Judiciaire, = c. 31,=20 s. 10.

CODE HENRI. A digest of the laws of Hayti, enacted by Henri, = king of=20 Hayti. It is based upon the Code Napoleon, but not servilely copied. It = is said=20 to be judiciously adapted to the situation of Hayti. A collection of = laws made=20 by order of Henry III of France, is also known by the name of Code = Henri.

CODE, JUSTINIAN, civil law. A collection of the constitutions = of the=20 emperors, from Adrian to Justinian; the greater part of those from = Adrian to=20 Constantine are mere rescripts; those from Constantine to Justinian are = edicts=20 or laws, properly speaking.

2. The code is divided into twelve books, which are subdivided into = titles,=20 in which the constitutions are collected under proper heads. They are = placed in=20 chronological order, but often disjointed. At the head of each = constitution is=20 placed the name of the emperor who is the author, and that of the person = to whom=20 it is addressed. The date is at the end. Several of these constitutions, = which=20 were formerly in the code were lost, it is supposed by the neglect of = "copyists.=20 Some of them have been restored by modern authors, among whom may be = mentioned=20 Charondas, Cugas, and Contius, who translated them from Greek, = versions.

CODE, OF LOUISIANA. In 1822, Peter Derbigny, Edward = Livingston, and=20 Moreau Lislet, were selected by the legislature to revise and amend the = civil=20 code, and to add to it sucb laws still in force as were not included = therein.=20 They were authorized to add a system of commercial law, and a code of = practice.=20 The code they prepared having been adopted, was promulgated in 1824, = under the=20 title of the " Civil Code of the State of Louisiana."

2. The code is based on the Code Napoleon, with proper and judicious=20 modifications, suitable for the state of Louisiana. It is composed of = three=20 books: 1. the first treats of persons; 2. the second of tbings, and of = the=20 different modifications of property; 3. and the third of the different = modes of=20 acquiring the property of tbings. It contains 3522 articles, numbered = from the=20 beginning, for the convenience of reference.

3. This code, it is said, contains many inaccurate definitions. The=20 legislature modified and changed many of the provisions relating to the = positive=20 legislation, but adopted the definitions and abstract doctrines of the = code=20 without material alterations. From this circumstance, as well as from = the=20 inherent difficulty of the subject, the positive provisions of the code = are=20 often at variance with the theoretical part, which was intended to = elucidate=20 them. 13 L. R. 237.

4. This code went into operation on the 20th day of May,. 1825. 11 L. = R. 60.=20 It is in both the French and English languages; and in construing it, it = is a=20 rule that when the expressions used in the French text of the code are = more=20 comprehensive than those used in English, or vice versa, the more = enlarged sense=20 will be taken, as thus full effect will be given to both clauses. 2 N. = S.=20 582.

CODE, NAPOLEON. The Code Civil of France, enacted into law = during the=20 reign of Napoleon, bore his name until the restoration of the Bourbons = when it=20 was deprived of that name, and it is now cited Code Civil.

CODE PAPIRIAN. The name of a collection of the Roman laws, = promulgated=20 by Romulus, Numa, and other kings who governed. Rome till the time of = Tarquin,=20 the Proud. It was so called in honor if Sextus Parrius, the compiler. = Dig. 1, 2,=20 2.

CODE PRUSSIAN. Allgemeines Landrecht. This code is also known = by the=20 name of Codex Fredericianus, or Frederician code. It was compiled by = order of=20 Frederic H., by the minister of justice, Samuel V. Cocceji, who = completed, a=20 part of it before his death, in 1755. In 1780, the work was renewed = under the=20 superintendence of the minister Von Carmer, and prosecuted with = unceasing=20 activity and was published from 1784 to 1788, in six parts. The opinions = of=20 those who understood the subject were requested, and prizes offered on = the best=20 commentaries on it; and the whole was completed in June, 1791, under the = title "=20 General Prussian Code."

CODE THEODOSIAN. This code, which originated in the eastern = empire,=20 was adopted in the Western empire towards its decline. It is a = collection of the=20 legislation of the Christian emperors, from and including Constantine to = Theodosius, the Younger; it is composed of sixteen books, the edicts, = acts,=20 rescripts, and ordinances of the two empires, that of the east and that = of the=20 west.

CO-DEFENDANT. One who is made defendant in an action with = another=20 person.

CODEX. Literally, a volume or roll. It is particularly applied = to the=20 volume of the civil law, collected by the emperor Justinian, from all = pleas and=20 answers of the ancient lawyers, which were in loose scrolls or sheets of = parchment. These he compiled into a book which goes by the name of = Codex.

CODICIL, devises. An addition or supplement to a will; it must = be=20 executed with the same solemnities. A codicil is a part of the will, the = two=20 instruments making but one will. 4 Bro. C. C. 55; 2 Ves. sen. 242 4 Ves. = 610; 2=20 Ridgw. Irish P. C. 11, 43.

2. There may be several codicils to one will, and the whole will be = taken as=20 one: the codicil does not, consequently, revoke the will further than it = is in=20 opposition to some of its particular dispositions, unless there be = express words=20 of revocation. 8 Cowen, Rep. 56.,

3. Formerly, the difference between a will and a codicil consisted in = this,=20 that in the former an executor was named, while in the latter none was=20 appointed. Swinb. part 1, s. 5, pl. 2; Godolph. Leg. part 1, c. 6, s. 2. = This is=20 the distinction of the civil law, and adopted by the canon law. Vide = Williams on=20 Wills, ch. 2; Rob. on Wills, 154, n. 388, 476; Lovelass on Wills, 185, = 289 4=20 Kent, Com. 516; 1 Ves. jr. 407, 497; 3 Ves. jr. 110; 4 Ves. jr. 610; 1 = Supp. to=20 Ves. jr. 116, 140.

4. Codicils were chiefly intended to mitigate the strictness of the = ancient=20 Roman law, which required that a will should be attested by seven Roman=20 citizens, omni exceptione majores. A legacy could be bequeathed, but the = heir=20 could not be appointed by codicil, though he might be made heir = indirectly by=20 way of fidei commissum.

5. Codicils owe their origin to the following circumstances. Lucius = Lentulus,=20 dying in Africa, left. codicils, confirmed by anticipation in a will of = former=20 date, and in those codicils requested the emperor Augustus, by way of = fidei=20 commissum, or trust, to do something therein expressed. The emperor = carried this=20 will into effect, and the daughter of Lentulus paid legacies which she = would not=20 otherwise have been legally bound to pay. Other persons made similar=20 fidei-commissa, and then the emperor, by the advice of learned men whom = he=20 consulted, sanctioned the making of codicils, and thus they became = clothed with=20 legal authority. Just. 2, 25; Bowy. Com. 155, 156.

6. The form of devising by codicil is abolished in Louisiana; Code, = 1563; and=20 whether the disposition of the property be made by testament, under this = title,=20 or under that of institution of heir, of legacy, codicil, donation = mortis causa,=20 or under any other name indicating the last will, provided it be clothed = with=20 the forms required for the validity of a testament, it is, as far as = form is=20 concerned, to be considered a testament. Ib. Vide 1 Brown's Civil Law, = 292;=20 Domat, Lois Civ. liv. 4, t. 1, s. 1; Lecons Element, du Dr. Civ. Rom. = tit.=20 25.

COERCION, criminal law, contracts. Constraint; compulsion; = force.

2. It is positive or presumed. 1. Positive or direct coercion takes = place=20 when a man is by physical force compelled to do an act contrary to his = will; for=20 example, when a man falls into the hands of the enemies of his country, = and they=20 compel him, by a just fear of death, to fight against it.

3. - 2. It is presumed where a person is legally under subjection to = another,=20 and is induced, in consequence of such subjection, to do an act contrary = to his=20 win. A married woman, for example, is legally under the subjection of = her=20 husband, and if in his company she commit a crime or offence, not malum = in se,=20 (except the offence of keeping a bawdy-house, In which case she is = considered by=20 the policy of the law as a principal, she is presumed to act under this=20 coercion.

4. As will (q. v.) is necessary to the commission of a crime, or the = making=20 of a contract, a person coerced into either, has no will on the, = subject, and is=20 not responsible. Vide Roscoe's Cr. Ev. 7 85, and the cases there cited; = 2 Stark.=20 Ev. 705, as to what will, amount to coercion in criminal cases.

CO-EXECUTOR. One who is executor with another.

2. In general, the rights and duties of co-executors are equal.

COGNATION, civil law. Signifies generally the kindred which = exists=20 between two persons who are united by ties of blood or family, or = both.

2. Cognation is of -three kinds: natural, civil, or mixed. Natural = cognation=20 is that which is alone formed by ties of blood; such is the kindred of = those who=20 owe their origin to an illicit connexion, either in relation to their = ascendants=20 or collaterals.

3. Civil cognation is that which proceeds alone from the ties of = families as=20 the kindred between the adopted father and the adopted child.

4. Mixed cognation is that which unites at the same time the ties of = blood=20 and family, as that which exists between brothers, the issue of the same = lawful=20 marriage. 6; Dig. 38, 10.

COGNATI, cognates. This term occurs frequently in the Roman = civil law,=20 and denotes collateral heirs through females. It is not used in the = civil law as=20 it now prevails in France. In the common law it has no technical sense, = but as a=20 word of discourse in English it signifies, generally, allied by blood, = related=20 in origin, of the same family. See Vicat, ad verb.; also, Biret's=20 Vocabulaire.

COGNISANCE, pleading. Where the defendant in an action of = replevin=20 (not being entitled to the distress or goods which are the subject of = the=20 replevin) acknowledges the taking of the distress, and insists that such = taking=20 was legal, not because he himself had a right to distrain on his own = account,=20 but because he made the distress by the command of another, who had a = right to=20 distrain on the goods which are the subject of the suit. Lawes on Pl. = 35, 36; 4=20 Bouv. Inst. n. 3571.

COGNISANCE, practice. Sometimes signifies jurisdiction and = juudicial=20 power, an sometimes the hearing of a matter judicially. It is a term = used in the=20 acknowledgment of a fine. See Vaughan's Rep. 207.

COGNISANCE OF PLEAS, Eng. law. A privilege granted by the king = to a=20 city or town, to hold pleas within the same; and when any one is = impleaded in=20 the courts at Westminster, the owner of the franchise may demand = cognisance of=20 the plea. T. de la Ley.

COGNISEE. He to whom a fine of lands, &c. is acknowledged. = See=20 Cognisor.

COGNISOR, English law. One who passes or acknowledges,a fine = of lands=20 or tenements to another, in distinction from the cogzisee, to whom the = fine of=20 the lands, &c. is acknowledged.

COGNITIONIBUS ADMITTENDIS, English law, practice. A writ to a = justice=20 ,or other person, who has power to take a fine, and having taken the=20 acknowledgment of a fine, delays to certify it in the court of common = pleas,=20 requiring him to do it. Crabbe's Tech. Dict.

COGNOMEN. A Latin word, which signifies a family name. The = praenomen=20 among the Romans distinguished the person, the nomen, the gens, or all = the=20 kindred descended from a remote common stock through males, while the = cognomen=20 denoted the particular family. The agnomen was added on account of some=20 particular event, as a further distinction. Thus, in the designation = Publius=20 Cornelius Scipio Africanus, Publius is the proenomen, Cornelius is the = nomen,=20 Scipio the cognomen, and Africanus the agnomen. Vicat. These several = terms occur=20 frequently in the Roman laws. See Cas. temp. Hardw. 286; 1 Tayl. 148. = See Name;=20 Surname.

COGNOVIT, contr. leading. A written confession of an action by = a=20 defendant, subscribed but not sealed, and authorizing the plaintiff to = sign=20 judgment and issue execution, usually for a sum named.

2. It is given after the action is brought to save expense.

3. It differs from a warrant of attorney, which is given before the=20 commencement of any action, and is under seal. A cognovit actionem is an = acknowledgment and confession of the plaintiff's cause of action against = the=20 defendant to be just and true. Vide 3 Ch. Pr. 664; 3 Bouv. Inst. n. = 8299.

COHABITATION. Living together.

2. The law presumes that husband and wife cohabit, even after a = voluntary=20 separation has taken place between them; but where there has been a = divorce a=20 mensa et thoro, or a sentence of separation, the presumption then arises = that=20 they have obeyed the sentence or decree, and do not live together.

3. A criminal cohabitation will not be presumed by the proof of a = single act=20 of criminal intercourse between a man and woman not married. 10 Mass. R. = 153.

4. When a woman is proved to cohabit with a man and to assume his = name with=20 his consent, he will generally be responsible for her debts as if she = had been=20 his wife; 2 Esp. R. 637; 1 Campb. R. 245; this being presumptive = evidence of=20 marriage; B. N. P. 114; but this liability will continue only while they = live=20 together, unless she is actually his were. 4 Campb. R. 215.

5. In civil actions for criminal conversation with the plaintiff's = wife,=20 after the husband and wife have separated, the plaintiff will not in = general be=20 entitled to recover. 1 Esp. R. 16; S. C. 5 T. R. 357; Peake's Cas. 7, = 39; sed=20 vide 6 East, 248; 4 Esp. 39.

CO-HEIR. One of several men among whom an inheritance is to be = divided.

CO-HEIRESS. A woman who inherits an estate in common with = other women.=20 A joint heiress.

COIF. A head-dress. In England there are certain serjeants at = law, who=20 are called serjeants of the coif, from the lawn coif they wear on their = heads=20 under their thin caps when they are admitted to that order.

COIN, commerce, contracts. A piece of gold, silver or other = metal=20 stamped by authority of the government, in order to determine its value, = commonly called money. Co. Litt. 207; Rutherf. Inst. 123. For the = different=20 kinds of coins of the United States, see article Money. As to the value = of=20 foreign coins, see article Foreign Coins.

COLLATERAL, collateralis. From latus, a side; that which is = sideways,=20 and not direct.

COLLATERAL ASSURANCE, contracts. That which is made over and = above the=20 deed itself.

COLLATERAL FACTS evidence. Facts unconnected with the issue or = matter=20 in dispute.

2. As no fair and reasonable inference can be drawn from such facts, = they are=20 inadmissible in evidence, for at best they are useless, and may be = mischievous,=20 because they tend to distract the attention of the jury, and to mislead = them.=20 Stark. Ev. h. t.; 2 Bl. Rep. 1169; 1 Stark Ev. 40; 3 Bouv. Inst. n. = 3087.

3. It is frequently difficult to ascertain a priori, whether a = particular=20 fact offered in evidence, will, or will not clearly appear to be = material in the=20 progress of the cause, and in such cases it is usual in practice for the = court=20 to give credit to the assertion of the counsel who tenders such = evidence, that=20 the facts will turn out to be material; but this is always within the = sound=20 discretion of the court. It is the duty of the counsel, however, to = offer=20 evidence, if possible, in such order that each part of it will appear to = be=20 pertinent and proper at the time it is offered; and it is expedient to = do so, as=20 this method tends to the success of a good cause.

4. When a witness is cross-examined as to collateral facts, the party = cross-examining will be bound by the answer, and he cannot, in general,=20 contradict him by another witness. Rosc. Ev. l39.

COLLATERAL ISSUE, practice, pleading. Where a criminal convict = pleads=20 any matter, allowed by law, in bar of execution; as pregnancy, a pardon, = and the=20 like.

COLLATERAL KINSMEN, descent, distribution. Those who descend = from one=20 and the same common ancestor, but not from one another; thus brothers = and=20 sisters are collateral to each other; the uncle and the nephew are = collateral=20 kinmen, and cousins are the same. The term collateral is used in = opposition to=20 the phrase lineal kinsmen. (q. v.)

COLLATERAL SECURITY, contracts. A separate obligation attached = to=20 another contract, to guaranty its performance. By this term is also = meant the=20 transfer of property or of other contracts to insure the performance of = a=20 principal engagement. The property or securities thus conveyed are also = called=20 collateral securities. 1 Pow. Mortg. 393; 2 Id. 666, n. 871; 3 Id. 944,=20 1001.

COLLATERAL WARRANTY, contracts, descent. Where the heir's = title to the=20 land neither was, nor could have been, derived from the warranting = ancestor; and=20 yet barred the heir from ever claiming the land, and also imposed upon = him the=20 same obligation of giving the warrantee other lands, in case of = eviction, as if=20 the warranty were lineal, provided the heir had assets. 4 Cruise, Real = Prop.=20 436.

2. The doctrine of collateral warranty, is, according to Justice = Story, one=20 of the most unjust, oppressive and indefensible, in the whole range of = the=20 common law. 1 Sumn. R. 262.

3. By the statute of 4 & 5 Anne, c. 16, 21, all collateral = warranties of=20 any land to be made after a certain day, by any ancestor who has no = estate of=20 inheritance in possession in the same, were made void against the heir. = This=20 Statute has been reenacted in New. York; 4 Kent, Com. 460, 3d ed.; and = in New=20 Jersey. 3 Halst. R. 106. It has been adopted and is in force in Rhode = Island; 1=20 Sumn. R. 235; and in Delaware. Harring. R. 50. In Kentucky and Virginia, = it=20 seems that collateral warranty binds the heir to the extent of assets = descended.=20 1 Dana, R. 59. In Pennsylvania, collateral warranty of the ancestor, = with=20 sufficient real assets descending to the heirs, bars them from = recovering the=20 lands warranted. 4 Dall. R. 168; 2 Yeates, R. 509; 9 S. & R. 275. = See 1=20 Sumn. 262; 3 Halst. 106; Harring. 50; 3 Rand. 549; 9 S. & R. 275; 4 = Dall.=20 168; 2 Yeates, 509; 1 Dana, 50.

COLLATIO BONORUM, descent, distribution. Where a portion or = money=20 advanced to a son or daughter, is brought into botchpot, in order to = have an=20 equal distributive share of the ancestor's personal estate. The same = rule=20 obtains in the civil law. Civil Code of Louis. 1305; Diet. de Jur. mot=20 Collation; Merlin Rep. mot Collation.

COLLATION, descents. A term used in the laws of Louisiana. = Collation=20 -of goods is the supposed or real return to the mass of the succession, = which an=20 heir makes of the property he received in advance of his share or = otherwise, in=20 order that such property may be divided, together with the other effects = of the=20 succession. Civil Code of Lo. art. 1305.

2. As the object of collation is to equalize the heirs, it follows = that those=20 things are excluded from collation, which the heir acquired by an = onerous title=20 from the ancestor, that is, where he gave a valuable consideration for = them. And=20 upon the same principle, if a co-heir claims no share of the estate, he = is not=20 bound to collate. Qui non vult hereditatem, non cogitur ad collationem. = See Id.=20 art. 1305 to 1367; And Hotchpot.

COLLATION, eccl. law. The act by which the bishop, who has the = bestowing of a benefice, gives it to an incumbent. T. L.

COLLATION, practice. The comparison of a copy with its = original, in=20 order to ascertain its correctness and conformity; the report of the = officer who=20 made the comparison, is also called a collation.

COLLATION OF SEALS. Where, on the same label, one seal was set = on the=20 back or reverse of the other, this was said to be a collation of seals. = Jacob.=20 L. D. h. t.

COLLECTOR, officer. One appointed to receive taxes or other=20 impositions; as collector of taxes; collector of militia fines, &c. = A=20 collector is also a person appointed by a private person to collect the = credits=20 due him. Metc. & Perk. Dig. h. t.

COLLECTORS OF THE CUSTUMS. Officers of the United States, = appointed=20 for the term of four years, but removable at the pleasure of the = president. Act=20 of May 15, 1820, sect. 1, 3 Story's U. S. Laws, 1790.

2. The duties of a collector of customs are described in general = terms, as=20 follows: " He shall receive all reports, manifests and documents, to be = made or=20 exhibited on the entry of any ship or vessel, according to the = regulations of=20 this act shall record in books, to be kept for the purpose, all = manifests; shall=20 receive the entries of all ships or vessels, and of the goods, wares and = merchandise imported in them; shall, together with the naval officer, = where=20 there is one, or alone, where there is none, estimate the amount of = duties=20 payable thereupon, endorsing the said amounts upon the respective = entries; shall=20 receive all moneys paid for duties, and shall take bonds for securing = the=20 payment thereof; shall grant all permits for the unlading and delivery = of goods;=20 shall, with the approbation of the principal officer of the treasury = department,=20 employ proper persons as weighers, gaugers, measurers and inspectors, at = the=20 several ports within his district; and also, with the like approbation, = provide,=20 at the public expense, storehouses for the safe keeping of goods, and = such=20 scales, weights and measures, as may be necessary." Act of March 2,1799) = s. 21,=20 1 Story, U. S. Laws, 590. Vide, for other duties of collectors, 1 Story, = U. S.=20 Laws, 592, 612, 620, 632, 659, and vol. 3, 1650, 1697, 1759, 1761, 1791, = 1811,=20 1848, 1854; 10 Wheat. 246.

COLLEGE. A civil corporation, society or company, authorized = by law,=20 having in general a literary object. In some countries by college is = understood=20 the union of certain voters in *one body; such bodies are called = electoral=20 colleges; as, the college of electors or their deputies to the diet of = Ratisbon;=20 the college of cardinals. The term is used in the United States; as, the = college=20 of electors of president and vice-president, of the United States. Act = of=20 Congress of January 23, 1845.

COLLISION, maritime law. It takes place when two ships or = other=20 vessels run foul of each other, or when one runs foul of the other. In = such=20 cases there is almost. always a damage incurred.

2. There are four possibilities under which an accident of this sort = may=20 occur. 1. It may happen without blame being imputable to either party, = as when=20 the loss is occasioned by a storm, or any other vis major; in that case = the loss=20 must be borne by the party on whom it happens to light, the other not = being=20 responsible to him in, any degree.

3. - 2. Both parties may be to blame, as when there has been a want = of due=20 diligence or of skill on both sides; in such cases, the loss must be = apportioned=20 between them, as having been occasioned by the fault of both of them. 6 = Whart.=20 R. 311..

4. - 3. The suffering party may have been the cause of the injury, = then he=20 must bear the loss.

5. - 4. It may have been the fault of the ship which ran down the = other; in=20 this case the injured party would be entitled to an entire corapensation = from=20 the other. 2 Dodson's Rep. 83, 85; 3 Hagg. Adm. R. 320; 1 .How. S. C. R. = 89. The=20 same rule is applied to steamers.. Id. 414.

6. - 5. Another case has been put, namely, when there has been some = fault or=20 neglect, but on which side the blame lies, is uncertain. In this case, = it does=20 not appear to be settled whether the loss shall be apportioned or borne = by the=20 suffering party opinions on this subject are divided.

7. A collision between two ships on the high seas, whether it be the = result=20 of accident or negligence, is, in all cases, to be deemed a peril of the = seas=20 within the meaning of a policy of insurance. 2 Story, R. 176; 3 Sumn. R. = 889.=20 Vide, generally, Story, Bailm. 607 to 612; Marsh.. Ins. B. 1, c. 12, s. = 2; Wesk.=20 Ins. art. Running Foul; Jacobsen's Sea Laws, B. 4, c. 1; 4 Taunt. 126; 2 = Chit.=20 Pr. 513, 535; Code de Com. art. 407; Boulay-Paty, Cours de Dr. = Commercial, tit.=20 12, s. 6; Pard. n. 652 to 654; Pothier, Avaries, n. 155; 1 Emerig. = Assur. ch.=20 12, 14.

COLLISTRIGIUM. The pillory.

COLLOCATION, French law. The act by which the creditors of an = estate=20 are arranged in the order in which they are to be paid according to law. = The=20 order in which the creditors-are placed, is also called collocation. = Merl. Rep.=20 h. t. Vide Marshalling Assets.

COLLOQUIM, pleading. A discourse a conversation or = conference.

2. In actions of slander, it is generally true that an action does = not lie=20 for words, on account of, their being merely disgraceful to a person in = his=20 office, profession or trade; unless it be averred, that at the time of=20 publishing the words, there was a colloquium concerning the office, = profession=20 or trade of the plaintiff.

3. In its technical sense, the term colloquium signifies an averment = in a=20 declaration that there was a conversation or discourse on the part of = the=20 defendant, which connects the slander with the office, profession or = trade of=20 the plaintiff; and this colloquium must extend to the whole of the = prefatory=20 matter to render the words actionable. 3 Bulst. 83. Vide Bac. Ab. = Slander, S, n.=20 3; Dane's Ab. Index, h. t.; Com. Dig. Action upon the case for = Defamation, G 7,=20 8, &c.; Stark. on Sland. 290, et seq.

COLLUSION, fraud. An agreement between two or more persons, to = defraud=20 a person of his rights by the forms of law, or to obtain an object = forbidden by=20 law; as, for example, where the husband and wife collude to obtain a = divorce for=20 a cause not authorized by law. It is nearly synonymous with covin. (q. = v.)

2. Collusion and fraud of every kind vitiate all acts which are = infected with=20 them, and render them void. Vide Shelf. on Mar. .& Div. 416, 450; 3 = Hagg.=20 Eccl. R. 130, 133; 2 Greenl. Ev. 51; Bousq. Dict. de Dr. mot = Abordage.

COLONEL. An officer in the army, next below a brigadier = general, bears=20 this title.

COLONY. A union of citizens or subjects who have left their = country to=20 people another, and remain subject to the mother country. 3 W. C. C. R. = 287. The=20 country occupied by the colonists is also called a colony. A colony = differs from=20 a possession, or a dependency. (q. v.) For a history of the American = colonies,=20 the reader is referred to Story on the Constitution, book I.; 1 Kent, = Com. 77 to=20 80; 1 Dane's Ab. Index, b. t.

COLOR, pleading. It is of two kinds, namely, express color, = and=20 implied color. 2. Express color. This is defined to be a feigned matter, = pleaded=20 by the defendant, in an action of trespass, from which the plaintiff = seems to=20 have a good cause of action, whereas he has in truth only an appearance = or color=20 of cause. The practice of giving express color in pleas, obtained in the = mixed=20 actions of assize, the writ of entry in the nature of assize, as well as = in the=20 personal action of trespass. Steph. on Plead. 230; Bac. Ab. Trespass, = 14.

3. It is a general rule in pleading that no man shall be allowed to = plead=20 specially such plea as amounts to the general issue, or a total denial = of the=20 charges contained in the declaration, and must in such cases plead the = general=20 issue in terms, by which the whole question is referred to the jury; = yet, if the=20 defendant in an action of trespass, be desirous to refer the validity of = his=20 title to the court, rather than to the jury; he may in his plea stated = his title=20 specially, by expressly giving color of title to the plaintiff, or = supposing him=20 to have an appearance of title, had indeed in point of law, but of which = the=20 jury are not competent judges. 3 Bl. Com. 309. Suppose, for example, = that the=20 plaintiff wag in wrongful possession of the close, without any further=20 appearance of title than the possession itself, at the time of the = trespass=20 alleged, and that the defendants, entered upon him in assertion of their = title:=20 but being unable to set forth this title in the pleading, in consequence = of the=20 objection that would arise for want of color, are driven to plead the = general=20 issue of not guilty. By this plea an issue is produced whether the = defendants=20 are-guilty or not of the trespass; but upon the trial of the issue, it = will be=20 found that the question turns entirely upon a construction of law. The=20 defendants say they are not guilty of the trespasses, because they are = not=20 guilty of breaking the close of the plaintiff, as alleged in the = declaration;=20 and that they are not guilty of breaking the close of the plaintiff, = because=20 they themselves had the property in that close; and their title is. = this, that=20 the father of one of the defendants being seised of the close in fee, = gave it in=20 tail to his eldest son, remainder in tail to one of the defendants; the = eldest=20 son was disseised, but made continual claim till the death of the = disseisor;=20 after whose death, the descent being cast upon the heir, the disseisee = entered=20 upon the heir, and afterwards died, when the remainder took effect in = the said=20 defendant who demised to the other defendant . Now, this title involves = a legal=20 question; namely, whether continual claim will no preserve the right of = entry in=20 the disseisee, notwithstanding a descent cast on the heir of the = disseisor. (See=20 as to this point, Continual Claim.) The issue however is merely not = guilty, and=20 this is triable by jury; and the effect, therefore, would be, that a = jury would=20 have to decide this question of law, subject to the direction upon it, = which=20 they would receive from the court. But, let it be supposed that the = defendants,=20 in a view to the more satisfactory decision of the question, wish to = bring it=20 under the consideration of the court in bank, rather than have it = referred to a=20 jury. If they have any means of setting forth their title specially in = the plea,=20 the object will be attained; for then the plaintiff, if disposed to = question the=20 sufficiently of the title, may demur to the plea, and thus refer the = question to=20 the decision of the judges. But such plea if pleaded simply, according = to the=20 state of the fact, would be informal for want of color; and hence arises = a=20 difficulty.

4. The pleaders of former days, contrived to overcome this difficulty = in the=20 following singular manner. In such case as that supposed, the plea = wanting=20 implied color, they gave in lieu of it an express one, by inserting a = fictitious=20 allegation of some colorable title in the plaintiff, which they, at the = same=20 time avoided by the preferable title of the defendant. S Step . Pl. 225 = Brown's=20 Entr. 343, for a form of the plea. Plowd. Rep. 22 b.

5. Formerly various suggestions of apparent right, might be adopted = according=20 to the fancy of the pleader; and though the same latitude is, perhaps, = still=20 available, yet, in practice, it is unusual to resort to any except = certain known=20 fictions, which long usage has applied to the particular case for = example, in=20 trespass to land, the color universally given is that of a defective = charter of=20 the demise. See, in general, 2 Saund. 410; 10 Co. 88; Cro. Eliz. 76; 1 = East,=20 215; Doct. Pl. 17; Doct. & Stud. lib. 2, c. 53; Bac. Abr. Pleas, I = 8;=20 Trespass, I 4; 1 Chit. Pl. 500 Steph. on Pl. 220.

6. Implied color. That in pleading which admits by implication, an = apparent=20 right in the opposite party, and avoids it by pleading some new matter = by which=20 that apparent right is defeated. Steph. Pl. 225.

7. It is a rule that every pleading by way of confession and = avoidance, must=20 give color; that is, it must admit an apparent right in the opposite = party, and=20 rely, therefore, on some new matter by which that apparent right is = defeated.=20 For example, where the defendant pleads a release to an action for = breach of=20 covenant, the tendency of the plea is to admit an apparent right in the=20 plaintiff, namely, that the defendant did, as alleged in the = declaration,=20 execute the deed and break the covenant therein contained, and would = therefore,=20 prima facie, be liable on that ground; but shows new matter not before=20 disclosed, by which that apparent right is done away, namely, that the = plaintiff=20 executed to him a release. Again, if the plaintiff reply that Such = release was=20 obtained by duress, in his, replication, he impliedly admits that the = defendant=20 has, prima facie, a good defence, namely, that such release was executed = as=20 alleged in the plea; and that the defefadant therefore would be = discharged; but=20 relies on new matter by which the plea is avoided, namely, that the = release was=20 obtained by duress. The plea, in this case, therefore, gives color to = the=20 declaration, and the replication, to the plea. But let it be supposed = that the=20 plaintiff has replied, that the release was executed by him, but to = another=20 person, and not to the defendant; this would be an informal replication = wanting=20 color; because, if the release were not to the defendant there would not = exist=20 even an apparent defence, requiring the allegation of new matter to = avoid it,=20 and the plea might be sufficiently answered by a traverse, denying that = the deed=20 stated in the plea is the deed of the plaintiff. See Steph. Pl. 220; 1 = Chit. Pl.=20 498; Lawes, Civ. Pl. 126; Arch. Pl. 211; Doct. Pl. 17; 4 Vin. Abr. 552; = Bac.=20 Abr. Pleas, &e. I 8; Com. Dig. Pleader, 3 M 40, 3-M 41. See an = example of=20 giving color in pleading in the Roman law, Inst. lib. 4, tit 14, De=20 replicantionibus.

COLOR OR OFFICE, criminal law. A wrong committed by an officer = under=20 the pretended authority of his office; in some cases the act amounts to = a=20 misdemeanor, and the party may then be indicted. In other cases, the = remedy to=20 redress the wrong is by an action.

COLT. An animal of the horse species, whether male or female, = not more=20 than four years old. Russ. & Ry. 416.

COMBAT, Eng. law. The form of a forcible encounter between two = or more=20 persons or bodies of men; an engagement or battle. A duel.

COMBINATION. A union of different things. A patent may be = taken out=20 for a new combination of existing machinery, or machines. See 2 Mason, = 112; and=20 Composition of matter.

2. By combination is understood, in a bad sense, a union of men for = the=20 purpose of violating the law.

COMBUSTIO DOMORUM. Burning of houses; arson. Vide 4 Bl. Com. = 372.

COMES, pleading. In a plea, the defendant says, " And the said = C D, by=20 E F, his attorney, comes, and defends, &c. The word comes, venit, = expresses=20 the appearance of the defendant , in court. It is taken from the style = of the=20 entry of the proceedings on the record, and formed no part of the viva = voce=20 pleading. It is, accordingly, not considered as, in strictness, = constituting a=20 part of the Plea. 1 Chit. Pl. 411; Steph. Pl. 432.

COMES, offices. A Count. An officer during the middle ages, = who=20 possessed civil and military authority. Sav. Dr. Rom. Moy. age, n. = 80.

2. Vice-comes, the Latin name for sheriff, was originally the = lieutenant of=20 the comes.

COMITATUS. A county. Most of the states are divided into = counties;=20 some, as Louisiana, are divided into parishes.

COMITES. Persons who are attached to a public minister, are so = called.=20 As to their privileges, see 1 Dall. 117; Baldw. 240; and Ambassador.

COMITY. Courtesy; a disposition to accomodate.

2. Courts of justice in one state will, out of comity, enforce the = laws of=20 another state, when by such enforcement they will not violate their laws = or=20 inflict. an injury on some one of their own citizens; as, for example, = the=20 discharge of a debtor under the insolvent laws of one state, will be = respected=20 in another state, where there is a reciprocity in this respect.

3. It is a general rule that the municipal laws of a country do not = extend=20 beyond its limits, and cannot be enforced in another, except on the = principle of=20 comity. But when those laws clash and interfere with the rights of = citizens, or=20 the laws of the countries where the parties to the contract seek to = enforce it,=20 as one or the other must give way, those prevailing where the relief is = sought=20 must have the preference. 2 Mart. Lo. Rep. N. S. 93; S. C. 2 Harr. Cond. = Lo.=20 Rep. 606, 609; 2 B. & C. 448, 471; 6 Binn. 353; 5 Crancb, 299; 2 = Mass. 84; 6=20 Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci = contractus.

COMMAND. This word has several meanings. 1. It signifies an = order; an=20 apprentice is bound to obey the lawful command of his master; a = constable may=20 command rioters to keep the peace. 2. He who commands another to do an = unlawful=20 act, is accessary to it. 3 Inst. 51, 57; 2 Inst. 182; 1 Hayw.

3. Command is also equivalent to deputation or voluntary = substitution; as,=20 when a master employs one to do a thing, he is said to have Commanded = him to do=20 it; and he is responsible accordingly. Story Ag. 454, note.

COMMENCEMENT OF A SUIT OR ACTION. The suit is considered as = commenced=20 from the issuing of the writ; 3 Bl. Com. 273, 285; 7 T. R. 4; 1 Wils. = 147; 18=20 John. 14; Dunl. Pr. 120; 2 Phil. Ev. 95; 7 Verm. R. 426; 6 Monr. R. 560; = Peck's=20 R. 276; 1 Pick. R. 202; Id. 227; 2 N. H. Rep. 36; 4 Cowen, R. 158; 8 = Cowen, 203;=20 3 John. Cas. 133; 2 John. R. 342; 3 John. R. 42; 15 John. R. 42; 17 = John. R. 65;=20 11 John. R. 473; and if the teste or date of the writ be fictitious, the = true=20 time of its issuing may be a and proved, whenever the purposes of = justice=20 require it; as in cases of a plea of tender or of the statute of = limitations.=20 Bac. Ab. Tender D; 1 Stra. 638; Peake's Ev. 259; 2 Saund. 1, n. 1. In=20 Connecticut, the service of, the writ is the commencement of the action. = 1 Root,=20 R. 487; 4 Conn. 149; 6 Conn. R. 30; 9 Conn. R. 530; 7 Conn. R. 558; 21 = Pick. R.=20 241; 2 C. & M. 408, 492 1 Sim. R. 393. Vide Lis Pendens.

COMENDAM, eccles. law. When a benefice or church living is = void or=20 vacant, it is commended to the. care of some sufficient clerk to be = supplied,=20 until it can be supplied with a pastor. He to whom the church is thus = commended=20 is said to hold in commendam, and he is entitled to the profits of the = living.=20 Rob. 144; Latch, 236.

2. In Louisiana, there is a species of limited partnership called a=20 partnership in commendam. It is formed by a contract, by which one = person or=20 partnership agrees to furnish another person or partnership a certain = amount,=20 either in property or money, to be employed by the person or partnership = to whom=20 it is furnished, in his or their own name or firm, on condition of = receiving a=20 share in the profits, in the proportion determined by the contract, and = of being=20 liable to losses and expenses, to the amount furnished, and no more. = Civ. Code=20 of Lo. 2810. A similar partnership exists in France. Code de Comm. 26, = 33;=20 Sirey, tom. 12, part 2, p. 25. He who makes this contract is called in = respect=20 to those to whom he makes the advance of capital, a partner in = commendam. Civ.=20 Code of Lo. art. 2811.

COMMENDATARY. A person who holds a church living or = presentment in=20 commendam.

COMMENDATION. The act of recommending, praising. A merchant = who merely=20 commends goods he offers for sale, does not by that act warrant them, = unless=20 there is some fraud: simplex commendatio non obligat.

COMMENDATORS, eccl. law. Secular persons upon whom = ecclesiastical=20 benefices are bestowed, because they were commended and instructed to = their=20 oversight: they are merely trustees.

COMMERCE, trade, contracts. The exchange of commodities for=20 commodities; considered in a legal point of view, it consists in the = various=20 agreements which have for their object to facilitate the exchange of the = products of the earth or industry of man, with an intent to realize a = profit.=20 Pard. Dr. Coin. n. 1. In a narrower sense, commerce signifies any = reciprocal=20 agreements between two persons, by which one delivers to the other a = thing,=20 which the latter accepts, and for which he pays a consideration; if the=20 consideration be money, it is called a sale; if any other thing than = money, it=20 is called exchange or barter. Domat, Dr. Pub. liv. 1, tit. 7, s. 1, n. = 2.=20 Congress have power by the constitution to regulate commerce with = foreign=20 nations and among the several states, and with the Indian tribes. 1 = Kent. 431;=20 Story on Corst. 1052, et seq. The sense in which the word commerce is = used in=20 the constitution seems not only to include traffic, but intercourse and=20 navigation. Story, 1057; 9 Wheat. 190, 191, 215, 229; 1 Tuck. Bl. App. = 249 to=20 252. Vide 17 John. R. 488; 4 John. Ch. R. 150; 6 John. Ch. R. 300; 1 = Halst. R.=20 285; Id. 236; 3 Cowen R. 713; 12 Wheat. R. 419; 1 Brock. R. 423; 11 Pet. = R. 102;=20 6 Cowen, R. 169; 3 Dana, R. 274; 6 Pet. R. 515; 13 S. & R. 205.

COMMISSARIATE. The whole body of officers who act in the = department of=20 the commissary, are called the, commissariate.

COMMISSARY. An officer whose principal duties are to supply = the army=20 witli provisions.

2. The Act of April 14, 1818, s. 6, requires that the president, by = and with=20 the consent of the senate, shall appoint a commissary general with the = rank,=20 pay, and emoluments of colonel of ordnance, and as many assistants, to = be taken=20 from the sub-alterns of the line, as the service may require. The = commissary=20 general and his assistants shall perform such duties, in the purchasing = and=20 issuing of rations to the armies of the United States, as the president = may=20 direct. The duties of these officers are further detailed in the = subsequent=20 sections of this act,, and in the Act of March 2, 1821.

COMMISSION, contracts, civ. law. When one undertakes, without = reward,=20 to do something for another in respect to a thing bailed. This term is=20 frequently used synonymously with mandate. (q. v.) Ruth. Inst. 105; = Halifax,=20 Analysis of the Civil Law, 70. If the service the party undertakes to = perform=20 for another is the custody of his goods, this particular sort of, = commission is=20 called a charge.

2. In a commission, the obligation on his part who undertakes it, is = to=20 transact the business without wages, or any other reward, and to use the = same=20 care and diligence in it, as if it were his own.

3. By commission is also understood an act performed, opposed to = omission,=20 which is the want of performance of such an act; is, when a nuisance is = created=20 by an act of commission, it may be abated without notice; but when it = arises=20 from omission, notice to remove it must be given before it is abated. 1 = Chit.=20 Pr. 711. Vide dbatement of Nuisances; Branches; Trees.

COMMISSION, office. Persons authorized to act in a certain = matter; as,=20 such a matter was submitted, to the commission; there were several = meetings=20 before the commission. 4 B. & Cr. 850; 10 E. C. L. R. 459.

COMMISSION, crim. law. The act of perpetrating an offence. = There are=20 crimes of commission and crimes of omission.

COMMISSION, government. Letters-patent granted by the = government,=20 under the public seal, to a person appointed to an office, giving him = authority=20 to perform the duties of his office. The commission is not the = appointment, but=20 only evidence of it; and as soon as it is signed and sealed, vests the = office in=20 the appointee. 1 Cranch, 137; 2 N. & M. 357; 1 M'Cord, 233, 238. See = Pet. C.=20 C. R. 194; 2 Summ. 299; 8 Conn. 109; 1 Penn. 297; 2 Const. Rep. 696; 2 = Tyler,=20 235.

COMMISSION, practice. An instrument issued by a court of, = justice, or=20 other competent tribunal, to authorize a person to take depositions, or = do any=20 other act by authority of such court, or tribunal, is called a = commission. For a=20 form of a commission to take.depositions, see Gresley, Eq. Ev. 72.

COMMISSION OF LUNACY, A writ issued out of chancery, or such = court as=20 may have jurisdiction of the case directed to a proper officer, to = inquire=20 whether a person named therein is a lunatic or not. 1 Bouv. Inst. n. = 382, et=20 seq.

COMMISSION MERCHANT. One employed to sell goods for another on = commission; a factor. He is sometimes called. a consignee, (q. v.) and = the goods=20 he receives are a consignment. 1 Bouv. Inst. n. 1013.

COMMISSION OF REB ELLION, chan. prac. The name of a writ = issuing out=20 of chancery, generally directed to four special commissioners, named by = the=20 plaintiff, commanding them to attach the defendant wheresoever he may be = found=20 within the state, as a rebel and contemner of the law, so as to have him = in=20 chancery on a certain day therein named. This writ may be issued after = an=20 attachment with proclamation, and a return of non est inventus. Blake's = Ch. Pr.=20 102; Newl. Ch. Pr. 14.

COMMISSIONER, officer. One who has a lawful commission to = execute a=20 public office. In a more restricted sense it is one who is authorized to = execute. a particular duty, as, commissioner of the revenue, canal = commissioner.=20 The term when used in this latter sense is not applied, for example, to = a judge.=20 There are commissioners, too, who have no regular commissions and derive = their=20 author from the elections held by the people. County commissioners, in=20 Pennsylvania, are officers of the latter kind.

COMMISSIONER OF PATENTS. The name of an officer of the United = States=20 whose duties are detailed in the act to promote the useful arts, = &c., which=20 will be found under the article Patent.

COMMISSIONERS OF BAIL, practice. Officers appointed by some = courts to=20 take recognizances of bail in civil cases.

COMMISSIONERS OF SEWERS, Eng. law. Officers whose duty it is = to repair=20 sea banks aud walls, survey rivers, public streams, ditches, &c.

COMMISSlONS, contracts, practice. An allowance of compensation = to an=20 agent, factor, executor, trustee or other person who manages the affairs = of=20 others, for his services in performing the same.

2. The right of agents, factors or other contractors to commissions, = may=20 either be the subjeot of a special contract, or rest upon the quantum = meruit. 9=20 C. & P. 559; 38 E. C. L. R. 227; 3 Smith's R. 440; 7 C. & P. = 584; 32 E.=20 C. L. R. 641; Sugd. Vend. Index, tit. Auctioneer

3. This compensation is usually the allowance of a certain, per = centage upon=20 the actual amount or value of the business done. When there is a usage = of trade=20 at the particular place, or in the particular business in which the = agent is=20 engaged, the amount of commissions allowed to auctioneers, brokers and = factors,=20 is regulated by such usage. 3 Chit. Com. Law, 221; Smith on Mere. Law, = 54;=20 Story, Ag. 326; 3 Camp. R. 412; 4 Camp. R. 96; 2 Stark. 225, 294.

4. The commission of an agent is either ordinary or del credere. (q. = v.) The=20 latter is an increase of the ordinary commission, in consideration of = the=20 responsibility which the agent undertakes, by making himself answerable = for the=20 solvency of those with whom he contracts. Liverm. Agency, 3, et seq.; = Paley,=20 Agency, 88, et seq.

5. In Pennsylvania, the amount missions allowed to executors and = trustees is=20 generally fixed at five per centum on the sum received and paid out, but = this is=20 varied according to circumstances. 1 9 S. & R. 209, 223; 4 Whart. = 98; 1=20 Serg. & Rawle, 241. In England, no commissions are allowed to = executors or=20 trustees. 1 Vern. R. 316, n. and the cases there: cited. 4 Ves. 72, = n.

TO COMMIT. To send a person to prison by virtue of a warrant = or other=20 lawful writ, for the commission of a crime, offence or misdemeanor, or = for a=20 contempt, or non-payment of a debt.

COMMITMENT, criminal law, practice. The warrant. or order by = which a=20 court or magistrate directs a ministerial officer to take a person to = prison.=20 The commitment is either for further hearing, (q. v.) or it is = final.

2. The formal requisites of the commitment are, 1st. that it be in = writing,=20 under hand, and seal, and show the authority of the magistrate, and the = time and=20 place of making it. 3 Har. & McHen. 113; Charl. 280; 3 Crancb, R. = 448; see=20 Harp. R. 313. In this case it is said a seal is not indispensable.

3. - 2d. It must be made in the name of the United States, or of the=20 commonwealth, or people, as required by the constitution of the United = States=20 or, of the several states.

4. - 3d. It should be directed to the keeper of the prison, and not = generally=20 to carry the party to prison. 2 Str. 934; 1 Ld. Raym. 424.

5. - 4th. The prisoner should be described by his name and surname, = or the=20 name he gives as his.

6. - 5th. The commitment ought to state that the party has been = charged on=20 oath. 3 Cranch, R.448. But see 2 Virg. Cas. 504; 2 Bail. R. 290.

7. - 6th. The particular crime charged against the prisoner should be = mentioned with convenient certainty. 3 Cranch, R. 449; 11 St. Tr. 304. = 318;=20 Hawk. B. 2, c. 16, s. 16 Chit. Cr. Law, 110.

8. - 7th. The commitment should point out the place of imprisonment, = and not=20 merely direct that the party be taken to prison. 2 Str. 934; 1 Ld. Ray. = 424.

9. - 8th. In a final commitment, the command to the keeper of the = prison=20 should be to keep the prisoner "until he shall be discharged by due = course of=20 law," when the offence is not bailable; when it is bailable the gaoler = should=20 be, directed to keep the prisoner in his " said custody for want of = sureties, or=20 until he shall be discharged by due course of law." When the commitment = is not=20 final, it is usual to commit the prisoner " for further hearing." The = commitment=20 is also called a mittimus. (q. v.)

10. The act of sending a person to prison charged with the commission = of a=20 crime by virtue of such a warrant is also called a commitment. Vide, = generally,=20 4 Vin. Ab. 576; Bac. Ab. h. t.; 4 Cranch, R. 129; 4 Dall. R. 412; 1 = Ashm. R.=20 248; 1 Cowen, R. 144; 3 Conn. R. 502; Wright, R. 691; 2 Virg. Cas. 276; = Hardin,=20 R. 249; 4 Mass. R. 497; 14 John. R. 371 2 Virg. Cas. 594; 1 Tyler, R. = 444; U. S.=20 Dig. h. t.

COMMITTEE, practice. When a person has been found non compos, = the law=20 requires that a guardian should be appointed to take care of his person = and=20 estate; this guardian is called the committee.

2. It is usual to select the committee from the next of kin; Shelf. = on Lun.=20 137; and in case of the lunacy of the husband or wife, the one who is of = sound=20 mind is entitled, unless under very special circumstances, to be the = committee=20 of the other. Id. 140. This is the committee of the person. For = committee of the=20 estate, the heir at law is most favored. Relations are referred to = strangers,=20 but the latter may be appointed. Id. 144.

3. It is the duty of the committee of the person, to take care of the = lunatic; and the committee of the estate is bound to administer the = estate=20 faithfully, and to account for his administration. He cannot in general, = make=20 contracts in relation to the estate of the lunatic, or bind it, without = a=20 Special order of the court or authority that appointed him. Id. 179; 1 = Bouv.=20 Inst. n. 389-91.

COMMITTEE, legislation. One or more members of a legislative = body to=20 whom is specially referred some matter before that body, in order that = they may=20 investigate and examine into it and report to those who delegated this = authority=20 to them.

COMMITTITUR PIECE, Eng. law. An instrument in writing, on = paper or=20 parchment, which charges a person already in prison, in execution at the = suit=20 of, the person who arrested him.

COMMlXTION, civil law. This term is used to signify the act by = which=20 goods are mixed together.

2. The matters which are mixed are dry or liquid. In the commixtion = of the=20 former, the matter retains its substance and individuality; in the = latter, the=20 substances no longer remain distinct. The commixtion of liquids is = called=20 confusion, (q. v.) and that of solids, a mixture. Lec. Elem. du Dr. Rom. = 370,=20 371; Story, Bailm. 40; 1 Bouv. Inst. n. 506.

COMMODATE, contracts. A term used in the Scotch law, which is=20 synonymous to the Latin commodatum, or loan for use. Ersk. Inst. B. 3, = t. 1, 20;=20 1 Bell's Com. 225; Ersk. Pr. Laws of Scotl. B. 3, t. 1, 9.

2. Judge Story regrets this term has not been adopted and = naturalized, as=20 mandate has been from mandatum. Story, Com. 221. Ayliffe, in his = Pandects, has=20 gone further, and terms the bailor the commodant, and the bailee the=20 commodatory, thus avoiding those circumlocutions, which, in the common=20 phraseology of our law, have become almost indispensable. Ayl. Pand. B. = 4, t.=20 16, p. 517. Browne, in his Civil Law, vol. 1, 352, calls the property = loaned=20 "commodated property." See Borrower; Loan for use; Lender.

COMMODATUM. A contract, by which one of the parties binds = himself to=20 return to the other certain personal chattels which the latter delivers = to him,=20 to be used by him, without reward; loan -for use. Vide Loan for use.

COMMON. or right of common, English law. An encorporeal = hereditament,=20 which consists in a profit which a man has in the lands of another. 12 = S. &=20 R. 32; 10 Wend. R. 647; 11 John. R. 498; 2 Bouv. Inst. 1640, et seq.

2. Common is of four sorts; of pasture, piscary, turbary and = estovers.=20 Finch's Law, 157; Co. Litt. 122; 2 Inst. 86; 2 Bl. Com. 32.

3. - 1. Common of pasture is a right of feeding one's beasts on = another's=20 land, and is either appendant, appurtenant, or in gross.

4. Common appendant is of common right, and it may be claimed in = pleading as=20 appendant, without laying a prescription. Hargr. note to 2 Inst. 122, a=20 note.

5. Rights of common appurtenant to the claimant's land are altogether = independent of the tenure, and do not arise from any absolute necessity; = but may=20 be annexed to lands in other lordships, or extended to other beasts = besides.=20 such as are generally commonable.

6. Common in gross, or at large, is such as is neither appendant nor=20 appurtenant to land, but is annexed to a man's person. All these species = of=20 pasturable common, may be and usually are limited to number and time; = but there=20 are also commons without stint, which last all the year. 2 Bl. Com. = 34.

7. - 2. Common of piscary is the liberty of fishing in another man's = water.=20 lb. See Fishery.

8. - 3. Common of turbary is the liberty of digging turf in another = man's=20 ground. Ib.

9.-4. Common of estovers is the liberty of taking necessary wood-for = the use=20 or furniture of a house or farm from another man's estate. Ib.; 10 Wend. = R. 639.=20 See Estovers.

10. The right of common is little known in the United States, yet = there are=20 some regulations to be found in relation to this subject. The = constitution of=20 Illinois provides for the continuance of certain commons in that state. = Const.=20 art. 8, s. 8.

11. All unappropriated lands on the Chesapeake Bay, on the Shore of = the sea,=20 or of any river or creek, and the bed of any river or creek, in the = eastern=20 parts of the commonwealth, ungranted and used as common, it is declared = by=20 statute in Virginia, shall remain so, and not be subject to grant. 1 = Virg. Rev.=20 C. 142.

12. In most of the cities and towns in the United States, there are=20 considerable tracts of land appropriated to public use. These commons = were=20 generally laid out with the cities or towns where they are found, either = by the=20 original proprietors or by the early inhabitants. Vide 2 Pick. Rep. 475; = 12 S.=20 & R. 32; 2 Dane's. Ab. 610; 14 Mass. R. 440; 6 Verm. 355. See, in = general,=20 Vin. Abr. Common; Bac. Abr. Common; Com. Dig. Common; Stark. Ev. part 4, = p. 383;=20 Cruise on Real Property, h. t.; Metc. & Perk. Dig. Common, and = Common lands=20 and General fields.

COMMON APPENDANT, Eng. law. A right attached to arable land, = and is an=20 incident of tenure, and supposed to have originated by grant of the lord = or=20 owner of a manor or waste, in consideration of certain rents or = services, or=20 other value, to a freeholder or copyholder of plough land, and at the = same time=20 either expressly or by implication, and as of common right and necessity = common=20 appendant over his other wastes and commons. Co. Litt. 122 a; Willis, = 222.

COMMON APPURTENANT, Eng. law. A right granted by deed, by the = owner of=20 waste or other land, to another person, owner of other land, to have his = cattle,=20 or a particular description of cattle; levant and couchant upon the = land, at=20 certain seasons of the year, or at all times of the year. An = uninterrupted usage=20 for twenty years, is evidence of a grant. 15 East, 116.

COMMON ASSURANCES. Title by deeds are so called, because, it = is said,=20 every man ' s estate is assured to him; these deed's or instruments = operate=20 either as conveyances or as charges.

2.- 1. Deeds of conveyance are, first, at common law, and include = feoffments,=20 gifts, grants, leases, exchanges, partition's, releases, confirmations,=20 surrenders, assignments, and defeasances; secondly, deeds of conveyance = under=20 the statute of uses, as covenants to stand seised to uses, bargains and = sale,=20 lease and release, deeds to lead or declare uses, and deeds of = appointment and=20 revocation.

3. - 2. Deeds which do not convoy, but only charge or discharge = lands, are=20 obligations, recognizances, and defeasances. Vide Assurance; Deed.

COMMON BAIL. The formal entry of fictitious sureties in the = proper=20 office of the court, which is called filing common bail to the action. = See=20 Bail.

COMMON BAR, pleading. A plea to compel the plaintiff to assign = the=20 particular place where the trespass has been Committed. Steph. Pl. 256. = It i's=20 sometime's called a blank bar. (q. v.)

COMMON BENCH, bancus communis. The court of common pleas was = anciently=20 called common bench, because the pleas and controversies there = determined were=20 between common persons. See Bench.

COMMON CARRIER, contracts. One who undertakes for hire or = reward to=20 transport the goods of any who may choose to employ him, from place to = place. 1=20 Pick. 50, 53; 1 Salk. 249, 250; Story, Bailm. 495 1 Bouv. Inst. n. = 1020.

2. Common carriers are generally of two descriptions, namely, = carriers by=20 land and carriers by water. Of the former description are the = proprietors of=20 stage coaches, stage wagons or expresses, which ply between different = places,=20 and' carry goods for hire; and truckmen, teamsters, cartmen, and = porters, who=20 undertake to carry goods for hire, as a common employment, from one part = of a=20 town or city to another, are also considered as common carriers. = Carriers by=20 water are the masters and owners of ships and steamboats engaged in the=20 transportation of goods for persons generally, for hire and lightermen, = hoymen,=20 barge-owners, ferrymen, canal boatmen, and others employed in like = manner, are=20 so considered.

3. By the common law, a common carrier is generally liable for all = losses=20 which may occur to property entrusted to his charge in the course of = business,=20 unless he can prove the loss happened in consequence of the act of God, = or of=20 the enemies of the United States, or by the act of the owner of the = property. 8=20 S. & R. 533; 6 John. R. 160; 11 John. R. 107; 4 N. H. Rep. 304; = Harp. R.=20 469; Peck. R. 270; 7 Yerg. R. 340; 3 Munf. R. 239; 1 Conn. R. 487; 1 = Dev. &=20 Bat. 273; 2 Bail. Rep. 157.

4. It was attempted to relax the rigor of the common law in relation = to=20 carriers by water, in 6 Cowen, 266; but that case seems to be at = variance with=20 other decisions. 2 Kent,. Com. 471, 472; 10 Johns. 1; 11 Johns. 107.

5. In respect to carriers by land, the rule of the common law seems = every=20 where admitted in its full rigor in the states governed by the = jurisprudence of=20 the common law. Louisiana follows the doctrine of the civil law in her = code.=20 Proprietors of stage coaches or wagons, whose employment is solely% to = carry=20 passengers, as hackney coachmen, are not deemed common carriers; but if = the=20 proprietors of such vehicles for passengers, also carry goods for hire, = they=20 are, in respect of such goods, to be deemed common carriers. Bac. Ab. = Carriers,=20 A; 2 Show. Rep. 128 1 Salk. 282 Com. Rep. 25; 1 Pick. 50 5 Rawle, 1 79. = The like=20 reasoning applies to packet ships and steam-boats, which ply between = different=20 ports, and are accustomed to carry merchandise as well as passengers. 2 = Watts.=20 R. 443; 5 Day's Rep. 415; 1 Conn. R. 54; 4 Greenl. R. 411; 5 Yerg. R. = 427; 4=20 Har. & J. 291; 2 Verm. R. 92; 2 Binn. Rep. 74; 1 Bay, Rep. 99; 10 = John. R.=20 1; 11 Pick. R. 41; 8 Stew. and Port. 135; 4 Stew. & Port. 382; 3 = Misso. R.=20 264; 2 Nott. & M. 88. But see 6 Cowen, R. 266. The rule which makes = acommon=20 carrier responsible for the loss of goods, does not extend to the = carriage of=20 persons; a carrier of slaves is, therefore, answerable only for want of = care and=20 skill. 2 Pet. S. C. R. 150. 4 M'Cord, R. 223; 4 Port. R. 238.

6. A common carrier of goods is in all cases entitled to demand the = price of=20 carriage before he receives the goods, and, if not paid, he may refuse = to take=20 charge of them; if, however, he take charge of them without the hire = being paid,=20 he may afterwards recover it. The compensation which becomes due for the = carriage of goods by sea, is commonly called freight (q.v.); and see = also, Abb.=20 on Sh. part 3, c. 7. The carrier is also entitled to a lien on the goods = for his=20 hire, which, however, he may waive; but if once waived, the right cannot = be=20 resumed. 2 Kent, Com. 497. The consignor or shipper is commonly bound to = the=20 carrier for the hire or freight of goods. 1 T. R. 659. But whenever the=20 consignee engages to pay it, he also becomes responsible. It is usual in = bills=20 of lading to state, that the goods are to be delivered to the consignee = or to=20 his assigns, he or they paying freight, in which case the consignee and = his=20 assigns, by accepting the goods, impliedly become bound to pay the = freight, and=20 the fact that the consignor is also liable to pay it, will not, in such = case,=20 make any difference. Abbott on Sh. part 3, o. 7, 4.

7. What is said above, relates to common carriers of goods. The = duties,=20 liabilities, and rights of carriers of passengers, are now to be = considered.=20 These are divided into carriers of passengers on land, and carriers of=20 passengers on water.

8. First, of carriers of passengers on land. The duties of such = carriers are,=20 1st. those which arise on the commencement of the journey. 1. To carry=20 passengers whenever they offer themselves and are ready to pay for their = transportation. They have no more right to refuse a passenger, if they = have=20 sufficient room and accommodation, than an innkeeper has to refuse a = guest. 3=20 Brod. & Bing. 54; 9 Price's R. 408; 6 Moore, R. 141; 2 Chit. R. 1; 4 = Esp. R.=20 460; 1 Bell's Com. 462; Story, Bailm. 591.

9. - 2. To provide coaches reasonably strong and sufficient for the = journey,=20 with suitable horses, trappings and equipments.

10. - 3. To provide careful drivers of reasonable skill and. good = habits for=20 the journey; and to employ horses which are steady and not vicious, or = likely to=20 endanger the safety of the passengers.

11. - 4. Not to overload the coach either with passengers or = luggage.

12. - 5. To receive and take care of the usual luggage allowed to = every=20 passenger on the journey. 6 Hill, N. Y. Rep. 586.

13. - 2d. Their duties on the progress of the journey. 1. To stop at = the=20 usual places, and allow the..Usual intervals for the refreshment of the=20 passengers. 5 Petersd. Ab. Carriers, p. 48, note.

14. - 2. To use all the ordinary precautions for the safety of = passengers on=20 the road.

15. - 3d. Their duties on the termination of the journey. 1. To carry = the=20 passengers to the end of the journey.

16. - 2. To put them down at the usual place of stopping, unless = there has=20 been a special contract to the contrary, and then to put them down at = the place=20 agreed upon. 1 Esp. R. 27. ,

17. The liabilities of such carriers. They are bound to use = extraordinary=20 care and diligence to carry safely those whom they take in their = coaches. 2 Esp.=20 R. 533; 2 Camp. R. 79; Peake's R. 80. But, not being insurers, they are = not=20 responsible for accidents, when all reasonable skill and diligence have = been=20 used.

18. The rights of such carriers. 1. To demand and receive their fare = at the=20 time the passenger takes his seat. 2. They have a lien on the baggage of = the=20 passenger for his fare or passage money, but not on the person of the = passenger=20 nor the clothes he has on. Abb. on Sh. part 3, c. 3, 11; 2 Campb. R. = 631.

19. Second, carriers of passengers by water. By the act of Congress = of 2d=20 March, 1819, 3 Story's Laws U. S. 1722, it is enacted, 1. that no master = of a=20 vessel bound to or from the United States shall take more than two = passengers=20 for every five tons of the ship's custom-house measurement. 2. That the = quantity=20 of water and provisions, which shall be taken on board and secured under = deck,=20 by every Ship bound from the United States to any port on the continent = of=20 Europe, shall be sixty gallons of water, one hundred pounds of salted=20 provisions, one gallon of vinegar, and one hundred pounds of wholesome = ship=20 bread for each passenger, besides the stores of the crew. The tonnage = here=20 mentioned, is the measurement of the custom-house; and in estimating the = number=20 of passengers in a vessel, no deduction is to be made for children or = persons=20 not paying, but the crew is not to be included. Gilp. R. 334.

20. The act of Congress of February 22, 1847, section 1, provides: " = That if=20 the master of any vessel, owned in whole or in part by a citizen of the = United=20 States of America, or by a citizen of any foreign country, shall take on = board=20 such vessel, at any foreign port or place, a greater number of = passengers than=20 in the following proportion to the space occupied by them and = appropriated for=20 their use, and unoccupied by stores or other goods, not being the = personal=20 luggage of such passengers, that is to say, on the lower deck or = platform one=20 passenger for every fourteen clear superficial feet of deck, if such = vessel is=20 not to pass within the tropics during such voyage; but if such vessel is = to pass=20 within the tropics during such voyage, then one passenger for every = twenty such=20 clear superficial feet of deck, and on the orlop deck (if any) one = passenger for=20 every thirty such superficial feet in all cases, with intent to bring = such=20 passengers to the United States of America, and shall leave such port = or, place=20 with the same, and bring the same, or any number thereof, within the=20 jurisdiction of the United States aforesaid, or if any such master of a = vessel=20 shall take on board of his vessel at any port or place within the = jurisdiction=20 of the United States aforesaid, any greater number of passengers than = the=20 proportions aforesaid admit, with intent to carry the same to any = foreign port=20 or place, every such master shall be deemed guilty of a misdemeanor, = and, upon=20 conviction thereof before any circuit or district court of the United = States=20 aforesaid, shall, for each passenger taken on board beyond the above=20 proportions, be fined in the sum of fifty dollars, and may also be = imprisoned=20 for any term not exceeding one year: Provided, That this act shall not = be=20 construed to permit any ship or vessel to carry more than two passengers = to five=20 tons of such ship or vessel."

21. Children under one year of age not to be computed in counting the = passengers, and those over one year and under eight, are to be counted = as two=20 cbildren for one passenger, Sect. 4. But this section is repealed so far = as=20 authorizes shippers to estimate two children of eight years of age and = under as=20 one passenger by the act of March 2, 1847, s. 2.

22. In New York, statutory regulations have been made in relation to = their=20 canal navigation. Vide 6 Cowen's R. 698. As to the conduct of carrier = vessels on=20 the ocean, Vide Story, Bailm. 607 et seq; Marsh. Ins. B. 1, c. 12, s. 2. = And=20 see, generally, 1 Vin. Ab. 219; Bac. Ab. h. t.; 1 Com. Dig. 423; = Petersd. Ab. h.=20 t.; Dane's Ab. Index, h. t.; 2 Kent, Com. 464; 16 East, 247, note; Bouv. = Inst.=20 Index, h. t.

23. In Louisiana carriers and watermen are subject, with respect to = the=20 safe-keeping and preservation of the tbings entrusted to them, to the = same=20 obligations and duties, as are imposed on tavern keepers; Civ. Code, = art. 2722;=20 that is, they are responsible for the effects which are brought, though = they=20 were not delivered into their personal care; provided, however, they = were=20 delivered to a servant or person in their employment; art. 2937. They = are=20 responsible if any of the effects be stolen or damaged, either by their = servants=20 or agents, or even by strangers; art. 2938; but they are not responsible = for=20 what is stolen b force of arms or with exterior breaking open of doors, = or by=20 any other extraordinary violence; art. 2939. For the authorities on the = subject=20 ofCommon carriers in the civil law, the reader is referred to Dig. 4, 9, = 1 to 7;=20 Poth. Pand. lib. 4, t. 9; Domat liv. 1, t. 16, S. 1 and 2; Pard. art. = 537 to=20 555; Code Civil, art. 1782, 1786, 1952; Moreau & Carlton, Partidas = 5, t. 8,=20 1. 26; Ersk. Inst. B. 2, t. 1, 28; 1 Bell's Com. 465; Abb. on Sh. part = 3, c. 3,=20 3, note (1); 1 Voet, ad Pand. lib. 4, t. 9; Merl. Rep. mots Voiture, = Voiturier;=20 Dict. de Police, Voiture.

COMMON COUNCIL. In many cities the charter provides for their=20 government, in imitation of the national and state governments. There = are two=20 branches of the legislative assembly; the less numerous, called the = select, the=20 other, the common council.

2. In English law, the common council of the whole realm means the=20 parliament. Fleta, lib. 2, cap. 13.

COMMON COUNTS. Certain general counts, not founded on any = special=20 contract, which are introduced in a declaration, for the purpose of = preventing a=20 defeat of a just right by the accidental variance of the evidence. These = are in=20 an action of assumpsit; counts founded on express or implied promises to = pay=20 money in consideration of a precedent debt, and are of four = descriptions: 1. The=20 indebitatus assumpsit; 2. The quantum meruit; 3 . The quantum valebant; = and, 4.=20 The account stated.

COMMON FISHERY. A fishery to which all persons have a right, = such as=20 the cod fisheries off Newfoundland. A common fishery is different from a = common=20 of fishery, which is the right to fish in another's pond, pool, or = river. See=20 Fishery.

COMMON HIGHWAY. By this term is meant a road to be used by the = community at large for any purpose of transit or traffic. Hamm. N. P. = 239. See=20 Highway.

COMMON INFORMER. One who, without being specially required by = law, or=20 by virtue of his office, gives information of crimes, offences or = misdemeanors,=20 which have been committed, in order to prosecute the offenders; a = prosecutor.=20 Vide Informer; Prosecutor.

COMMON INTENT, construction. The natural sense given to = words.

2. It is a rule that when words are used which will bear a natural = sense and=20 an artificial one, or one to be made out by argument and inference, the = natural=20 sense shall prevail; it. is simply a rule of construction and not of = addition=20 common intent cannot add to a sentence words which have been omitted. 2 = H.=20 Black. 530. In pleading, certainty is required, but certainty to a = common intent=20 is sufficient; that is, what upon a reasonable construction may be = called=20 certain, without recurring to possible facts. Co. Litt. 203, a; Dougl. = 163. See=20 Certainty.

COMMON LAW. That which derives its force and authority from = the=20 universal consent and immemorial practice of the people. See Law, = common.

COMMON NUISANCE. One which affects the public in general, and = not=20 merely some particular person. 1 Hawk. P. C. 197. See Nuisance.

COMMON PLEAS. The name of a court having jurisdiction = generally of=20 civil actions. For a historical account of the origin of this court in = England,=20 see Boote's Suit at Law, 1 to 10. Vide Common Bench and Bench.

2. By common pleas, is also understood, such pleas or actions as are = brought=20 by private persons against private persons; or by the government, when = the cause=20 of action is of a civil nature. In England, whence we derived this = phrase,=20 common pleas are so called to distinguish them from pleas of the crown. = (q.=20 v.)

COMMON RECOVERY. A judgment recovered in a fictitious suit, = brought=20 against the tenant of the freehold, in consequence of a default made by = the=20 person who is last vouched to warranty in the suit., A common recovery = is a kind=20 of conveyance. 2 Bouv. Inst. n. 2088, 2092-3. Vide Recovery.

COMMON SCOLD, Crim. law, communes rixatrix. A woman, who, in=20 consequence of her boisterous, disorderly and quarrelsome tongue, is a = public=20 nuisance to the neighborhood.

2. Such a woman may be indicted, and on conviction, punished. At = common law,=20 the punishment was by being placed in a certain engine of correction = called the=20 trebucket or cocking stool.

3. This punisbment has been abolished in Pennsylvania, where the = offence may=20 be punished by fine and imprisonment.12 Serg. & Rawle, 220; vide 1 = Russ. on=20 Cr. 802 Hawk. B. 2, c. 25, s. 59 1 T. R. 756 4 Rogers' Rec. 90; Roscoe = on Cr.=20 Ev. 665.

COMMON SEAL, A seal used by a corporation. See = Corporation.

COMMON SENSE , med. jur. When a person possesses those = perceptions,=20 associations and judgments, in relation to persons and things, which = agree with=20 those of the generality of mankind, he is said to possess common sense. = On the=20 contrary, when a particular individual differs from the generality of = persons in=20 these respects, he is said not to have common sense, or not to be in his = senses.=20 1 Chit. Med. Jur. 334.

COMMON, TENANTS IN. Tenants in common are such as hold an = estate, real=20 or personal, by several distinct titles, but by a unity of possession. = Vide=20 Tenant in common; Estate in common.

COMMON TRAVERSE. This kind of traverse differs from those = called=20 technical traverses principally in this, that it is preceded by no = inducement=20 general or special; it is taken without an absque hoc, or any similar = words, and=20 is simply a direct denial of the adverse allegations, in common = language, and=20 always concludes to the country. It can be used properly only when an = inducement=20 is not requisite; that is, when the party traversing has no need to = allege any=20 new matter. 1 Saund. 103 b. ii. 1.

2. This traverse derives its name, it is presumed, from the fact that = common=20 language is used, and that it is more informal than other traverses.

COMMON VOUCHEE. In common recoveries, the person who vouched = to=20 warranty. In this fictitious proceeding, the crier of the court usually = performs=20 the office of a common vouchee. 2 Bl. Com. 358; 2 Bouv. Inst. n. = 2093.

COMMONALTY, Eng. law. This word signifies, 1st. the common = people of=20 England, as contradistinguished from the king and the nobles; 2d. the = body of a=20 society as the masters, wardens, and commonalty of such a society.

COMMONER. One who is entitled with others to the use of a = common.

COMMONS, Eng. law. Those subjects of the English nation who = are not=20 noblemen. They are represented in parliament in the house of = commons.

COMMONWEALTH, government. A commonwealth is properly a free = state, or=20 republic, having a popular or representative government. The term has = been,=20 applied to the government of Great Britain. It is not applicable to = absolute=20 governments. The states composing the United States are, properly, so = many=20 commonwealths.

2. It is a settled principle, that no sovereign power is amenable to = answer=20 suits, either in its own courts or in those of a foreign country, unless = by its=20 own consent. 4 Yeates, 494.

COMMORANCY, persons. An abiding dwelling, or continuing as an=20 inhabitant in any place. It consists, properly, in sleeping usually in = one=20 place.,

COMMORANT. One residing or inhabiting a particular place. = Barnes,=20 162.

COMMORIENTES. This Latin word signifies those wbo die at the = same=20 time, as, for example, by shipwreck.

2. When several persons die by the same accident, and there is no = evidence as=20 to who survived, the presumption of law is, they all died at the same = time. 2=20 Phillim. R. 261 Fearne on Rem. iv.; 5 B. & Adol. 91; Cro. Eliz. 503; = Bac.=20 Ab. Execution, D; 1 Mer. R. 308. See Death; Survivor.

COMMUNICATION, contracts. Information; consultation; = conference.

2. In order to make a contract, it is essential there should be an = agreement;=20 a bare communication or conference will not, therefore, amount to a = contract;=20 nor can evidence of such communication be received in order to take = from,=20 contradict, or alter a written agreement. 1 Dall. 426; 4 Dall. 340; 3 = Serg.=20 & Rawle, 609. Vide Pour-parler; Wbarton's Dig. Evid. R.

COMMUNINGS, Scotch law. This term is used to express the = negotiations=20 which have taken place before making a contract, in relation thereto. = See=20 Pourparler.

2. It is a general rule, that such communings or conversations, and = the=20 propositions then made, are no part of the contract for no parol = evidence will=20 be allowed to be given to contradict, alter, or vary a written = instrument. 1=20 Serg. & R. 464 Id. 27; Add. R. 361; 2 Dall. R. 172 1 Binn. 616; 1 = Yeates, R.=20 140; 12 John. R. 77; 20 John. R. 49; 3 Conn. R. 9; 11 Mass. R. 30; 13 = Mass. R.=20 443; 1 Bibb's R. 271; 4 Bibb's R. 473; 3 Marsh. (Kty.) R. 333; Bunb. = 175; 1 M.=20 & S. 21; 1 Esp. C. 58; 3 Campb. R. 57.

COMMUNIO BONORUM, civil law. Common goods.

2. When a person has the management of common property, owned by = himself and=20 others, not as partners, he is bound to account for the profits, and is = entitled=20 to be reimbursed for the expenses which he has sustained by virtue of = the=20 quasi-contract which is created by his act, called communio bonorum. = Vicat; 1=20 Bouv. Inst. n. 907, note.

COMMUNITY. This word has several meanings; when used in common = parlance it signifies the body of the people.

2. In the civil law, by community is understood corporations, or = bodies=20 politic. Dig. 3, 4.

3. In the French law, which has been adopted in this respect in = Louisiana,=20 Civ. Code, art. 2371, community is a species of partnership, which a man = and=20 woman contract when they are lawfully married to each other. It consists = of the=20 profits of all, the effects of which the husband has the administration = and=20 enjoyment, either of right or in fact; of the produce of the reciprocal = industry=20 and labor of both husband and wife, and of the estates which they may = acquire=20 during the marriage, either by donations made jointly to them, or by = purchase,=20 or in any other similar way, even although the purchase he made in the = name of=20 one of the two, and not of both; because in that case the period of time = when=20 the purchase is made is alone attended to, and not the person who made = the=20 purchase. 10 L. R. 146; Id. 172, 181; 1 N. S. 325; 4 N. S. 212. The = debts=20 contracted during the marriage enter into the community, and must be = acquitted=20 out of the common fund; but not the debts contracted before the = marriage.

4. The community is either, first, conventional, or that which is = formed by=20 an express agreement in the contract of marriage itself; by this = contract the=20 legal community may be modified, as to the proportions which each shall = take, or=20 as to the things which shall compose it; Civ. Code of L. art. 2393; = second,=20 legal, which takes place when the parties make no agreement on this = subject in=20 the contract of marriage; when it is regulated by the law of the domicil = they=20 had at the time of marriage.

5. The effects which compose the community of gains, are divided = *into two=20 equal portions between the heirs, at the dissolution of the marriage. = Civ. Code=20 of L. art. 2375. See Poth. h. t.; Toull. h. t.; Civ. Code of Lo. tit. 6, = c. 2,=20 s. 4.

6. In another sense, community is the right which all men have, = according to=20 the laws of nature, to use all things. Wolff, Inst. 186.

COMMUTATION, punishments. The change of a punishment to which = a person=20 has been condemned into a less severe one. This can be granted only by = the=20 executive authority in which the pardoning power resides.

COMMUTATIVE CONTRACT, civil law. One in which each of the = contracting=20 parties gives and, receives an equivalent. The contract of sale is of = this kind.=20 The seller gives the thing sold, and receives the price, which is the=20 equivalent. The buyer gives the price and receives the thing sold, which = is the=20 equivalent.

2. These contracts are usually distributed into four classes, namely; = Do ut=20 des; Facio ut facias; Facio ut des; Do ut facias. Poth. Obl. n. 13. See' = Civ.=20 Code of Lo. art. 1761.

COMMUTATIVE JUSTICE. That virtue whose object is, to render to = every=20 one what belongs to him, as nearly as may be, or that which governs=20 contracts.

2. The word commutative is derived from commutare, which signifies to = exchange. Lepage, El. du Dr. ch. 1, art. 3, 3. See Justice.

TO COMMUTE. To substitute one punishment in the place of = another. For=20 example, if a man be sentenced to be hung, the executive may, in some = states,=20 commute his punishment to that of imprisonment.

COMPACT, contracts. In its more general sense, it signifies an = agreement. In its strict sense, it imports a contract between parties, = which=20 creates obligations and rights capable of being enforeed, and = contemplated as=20 such between the parties, in their distinct and independent characters. = Story,=20 Const. B. 3, c. 3; Rutherf. Inst. B. 2, c. 6, 1. 2. The constitution of = the=20 United States declares that " no state shall, without the consent of = congress,=20 enter into agreement or compact with another state, or with a foreign = power."=20 See 11 Pet: 1; 8 Wheat. 1 Bald. R. 60; 11 Pet. 185.

COMPANION, dom. rel. By 5 Edw. III., st. 5, c. 2, 1, it is = declared to=20 be high treason in any one who " doth compass or imagine the death of = our lord=20 the king, or our lady his companion," &c. See 2 Inst. 8, 9; 1 H. H. = P. C.=20 124.

COMPANIONS, French law. This is a general term, comprehending = all=20 persons who compose the crew of a ship or vessel. Poth. Mar. Contr. n. = 163.

COMPANY. An association of a number of individuals for the = purpose of=20 carrying on some legitimate business.

2. This term is not synonymous with partnership, though every such=20 unincorporated compass is a partnership.

3. Usage has reserved this term to associations whose members are in = greater=20 number, their capital more considerable, and their enterprizes greater, = either=20 on account of their risk or importance.

4. When these companies are authorized by the government, they are = known by=20 the name of corporations. (q. v.)

5. Sometimes the word is used to represent those members of a = partnership=20 whose names do not appear in the name of the firm; as, A.B & = Company. Vide,=20 12 Toull. n, 97; Mortimer on Commerce, 128. Vide Club; Corporation; = Firm;=20 Parties to actions; Partnership.

COMPARISON OF HANDWRITING, evidence. It is a general rule that = comparison of hands is not admissible; but to this there are some = exceptions. In=20 some instances, when the antiquity of the writing makes it impossible = for any=20 living witness to swear that he ever saw the party write, comparison of=20 handwriting, with documents known to be in his handwriting, has been = admitted.=20 For the general principle, see Skin. 579, 639; 6 Mod. 167; 1 Lord Ray. = 39, 40;=20 Holt. 291; 4 T. R. 497; 1 Esp. N. P. C. 14, 351; Peake's Evid. 69; 7 = East, R.=20 282; B. N. P. 236; Anthon's N. P. 98, n.; 8 Price, 653; 11 Mass. R. 309 = 2=20 Greenl. R. 33 2 Johns. Cas. 211 1 Esp. 351; 1 Root, 307; Swift's Ev. 29; = 1=20 Whart. Dig 245; 5 Binn. R. 349; Addison's R. 33; 2 M'Cord, 518; 1 Tyler, = R. 4 6=20 Whart. R. 284; 3 Bouv. Inst. n. 3129-30. Vide Diploma.

TO COMPASS. To imagine; to contrive.

2. In England, to compass the death of the king is high treason. = Bract. 1. 3,=20 c. 2 Britt. c. 8; Mirror, c. 1, s. 4.

COMPATIBILITY. In speaking of public offices it is meant by = this term=20 to convey the idea that two of them may be held by the same person at = the same=20 time. It is the opposite of incompatibility. (q. v.)

COMPENSATIO CRIMINIS. The compensation or set-off of one crime = against=20 another; for example, in questions of divorce, where one party claims = the=20 divorce on the ground of adultery of his or her companion, the latter = may show=20 that the complainant has been guilty of the same offence, and having = himself=20 violated the contract, he cannot complain of its violation on the other = side.=20 This principle is incorporated in the codes of most civilized nations. 1 = Ought.=20 Ord. per tit. 214; 1 Hagg. Consist. R. 144; 1 Hagg. Eccl. R. 714; 2 = Paige, 108;=20 2 Dev. & Batt. 64. See Condonation.

COMPENSATION, chancery practice. The performance of tbat which = a court=20 of chancery orders to be done on relieving a party who has broken a = condition,=20 which is to place the opposite party in no worse situation than if the = condition=20 had not been broken.

2. Courts of equity will not relieve from the consequences of a = broken=20 condition, unless compensation can be made to the opposite party. Fonb. = c. 6; s.=20 51 n. (k) Newl. Contr: 251, et. seq.

3. When a simple mistake, not a fraud, affects a contract, but does = not=20 change its essence, a court of equity will enforce it, upon making = compensation=20 for the error, The principle upon wbich courts of equity act," says Lord = Chancellor Eldon, "is by all the authorities brought to the true = standard, that=20 though the party had not a title at law, because he had not strictly = complied=20 with the terms so as to entitle him to an action, (as to time for = instance,) yet=20 if the time, though introduced, as some time must be fixed, where = something is=20 to be done on one side, as a consideration for something to be done on = the=20 other, is not the essence of the contract; a material object, to which = they=20 looked in the first conception of it, even though the lapse of time has = not=20 arisen from accident, a court of equity will compel the execution of the = contract upon this ground, that one party is ready to perform, and that = the=20 other ma, have performance in substance if he will permit it." 13 Ves. = 287. See=20 10 Ves. 505; 13 Ves. 73, 81, 426; 6 Ves. 675; 1 Cox, 59.

COMPENSATION, contracts. A reward for services rendered.

COMPENSATION, contracts, civil law. When two persons are = equally=20 indebted to each other, there takes place a compensation between them, = which=20 extinguishes both debts. Compensation is, therefore, a reciprocal = liberation=20 between two persons who are creditors and debtors to each other, which=20 liberation takes place instead of payment, and prevents a circuity. Or = it may be=20 more briefly defined as follows; compensatio est debiti et crediti = intter se=20 contributio.

2. Compeasation takes places, of course, by the more operation of = law, even=20 unknown to the debtors the two debts are reciprocally extinguished, as = soon as=20 they exist simultaneously, to the, amount of their respective sums. = Compensation=20 takes place only between two debts, having equally for their object a = sum of=20 money, or a certain quantity of consumable things of one and the same = kind, and=20 which are equally liquidated and demandable. Compensation takes place, = whatever=20 be the cause of either of the debts, except in case, 1st. of a demand of = restitution of a tbing of which the owner has been unjustly deprived; = 2d. of a=20 demand of restitution of a deposit and a loan for use; 3d. of a debt = which has=20 for its cause, aliments declared not liable to seizure. Civil Code of. = Louis.=20 2203 to 2208. Compensation is of three kinds: 1. legal or by operation = of law;=20 2. compensation by way of exception; and, 3. by reconvention. 8 L. R. = 158; Dig.=20 lib. 16, t. 2; Code, lib. 4, t. 31; Inst. lib. 4, t' 6, s. 30; Poth. = Obl.=20 partie. 3eme, ch. 4eme, n. 623; Burge on Sur., Book 2, c. 6, p. 181.

3. Compensation very nearly resembles the set-off (q. v.) of the = common law.=20 The principal difference is this, that a set-off, to have any effect, = must be=20 pleaded; whereas compensation is effectual without any such plea, only = the=20 balance is a debt. .2 Bouv. Inst. n. 1407.

COMPENSATION, crim. law; Compeusatio crimiuura, or = recrimination (q.=20 v.)

2. In cases of suits for divorce on the ground of adultery, a = compensation of=20 the crime hinders its being granted; that is, if the defendant proves = that the=20 party has also committed adultery, the defendant is absolved as to the = matters=20 charged in the libel of the plaintiff. Ought. tit. 214, Pl. 1; Clarke's = Prax.=20 tit. 115; Shelf. on Mar. & Div. 439; 1 Hagg. Cons. R. 148. See = Condonation;=20 Divorce.

COMPENSATION, remedies. The damages recovered for an injury, = or the=20 violation of a contract.. See Damages.

COMPERUIT AD DIEM, pleading. He appeared at the day. This is = the name=20 of a plea in bar to an action of debt on a bail-bond. The usual = replication to=20 this plea is nul tiel record: that there is not any such record of = appearance of=20 the said. For forms of this plea, vide 5 Wentw. 470; Lil. Entr. 114; 2 = Chit. Pl.=20 527.

2. When the issue is joined on this plea, the trial is by the record. = Vide 1=20 Taunt. 23; Tidd, 239. And see, generally, Com. Dig. Pleader, 2 W. 31; 7 = B. &=20 C. 478.

COMPETENCY, evidence. The legal fitness or ability of a = witness to be=20 heard on the trial of a cause. This term is also applied to written or = other=20 evidence which may be legally given on such trial, as, depositions, = letters,=20 account-books, and the like.

2. Prima facie every person offered is a competent witness, and must = be=20 received, unless Lis incompetency (q. v.) appears. 9 State Tr. 652.

3. There is a difference between competency and credibility. A = witness may be=20 competent, and, on examination, his story may be so contradictory and = improbable=20 that he may not be believed; on the contrary he may be incompetent, and = yet be=20 perfectly credible if he were examined.

4. The court are the sole judges of the competency of a witness, and = may, for=20 the purpose of deciding whether the witness is or is not competent, = ascertain=20 all the facts necessary to form a judgment. Vide 8 Watts, R. 227; and = articles=20 Credibility; Incompetency; Interest; Witness.

5. In the French law, by competency is understood the right in a = court to=20 exercise jurisdiction in a particular case; as, where the, law gives=20 jurisdiction to the court when a thousand francs shall be in dispute, = the court=20 is competent if, the sum demanded is a thousand francs or upwards, = although the=20 plaintiff may ultimately recover less.

COMPETENT WITNESS. One who is legally qualified to be heard to = testify=20 in a cause. In Kentucky, Michigan, and Missouri, a will must be = attested, for=20 the purpose of passing lands, by competent witnesses; but if wbolly = written by=20 the testator, in Kentucky, it need not be so attested. See Attesting = witness;=20 Credible witness; Disinterested witness; Respectable witness; and = Witness.

COMPETITORS, French law. Persons who compete or aspire to the = same=20 office, rank or employment. As an English word in common use, it has a = much=20 wider application. Ferriere, Dict. de Dr. h. t.

COMPILATION. A literary production, composed of the works of = others,=20 and arranged in some methodical manner.

2. When a compilation requires in its execution taste, learning,=20 discrimination and intellectual labor, it 'is an object of copyright; = as, for=20 example, Bacon's Abridgment. Curt. on Copyr. 186.

COMPLAINANT. One who makes a complaint. A plaintiff in a suit = in=20 chancery is so called.

COMPLAINT, crim. law. The allegation made to a proper officer, = that=20 some person, whether known or unknown, has been guilty of a designated = offence,=20 with an offer to prove the fact, and a request that the offender may be=20 punished.

2. To have a legal effect, the complaint must be supported by such = evidence=20 as shows that an offence has been committed, and renders it certain or = probable=20 that it was committed by the person named or described in the = complaint.

COMPOS MENTIS. Of sound mind. See non compos mentis.

COMPOSITION, contracts. An agreement, made upon a sufficient=20 consideration, between a debtor and creditor, by which the creditor = accepts part=20 of the debt due to him in satisfaction of the whole. Montagu on Compos. = 1; 3 Co.=20 118; Co. Litt. 212, b; 4 Mod. 88; 1 Str. 426; 2 T. R. 24, 26; 2 Chit. R. = 541,=20 564; 5 D. & R. 56 3 B. & C. 242; 1 R. & M. 188; 1 B. & = A. 103,=20 440; 3 Moore's R. 11; 6 T. R. 263; 1 D. & R. 493; 2 Campb. R. 283; 2 = M.=20 & S. 120; 1 N. R. 124; Harr. Dig. Deed VIII.

2. In England, compositions were formerly allowed for crimes and=20 misdemeanors, even for murder. But these compositions are no longer = allowed, and=20 even a qui tam action cannot be lawfully compounded. Bac. Ab. Actions = qui tam,=20 See 2 John. 405; 9 John. 251; 10 John. 118; 11 John. 474; 6 N. H.-Rep. = 200.

COMPOSITION OF MATTER. In describing the subjects of patents, = the Act=20 of Congress of July 4, 1836, sect. 6, uses the words "composition of = matter;"=20 these words are usually applied to mixtures and chemical compositions, = and in=20 these cases it is enough that the compound is new. Both the composition = and the=20 mode of compounding may be considered as included in the invention, when = the=20 compound is new.

COMPOUND INTEREST. Interest allowed upon interest; for = example, when a=20 sum of money due for interest, is added to the principal, and then bears = interest. This is not, in general, allowed. See Interest for money.

COMPOUNDER, in Louisiana. He who makes a composition. An = amicable=20 compounder is one who has undertaken by the agreement of the parties to = compound=20 or settle differences. between them. Code of Pract. of Lo. art. 444.

COMPOUNDING A FELONY, The act of a party immediately = aggrieved, who=20 agrees with a thief or other felon that he will not prosecute him, on = condition=20 that he return to him the goods stolen, or who takes a reward not to = prosecute.=20 This is an offence punishable by fine and imprisonment. The mere = retaking by the=20 owner of stolen goods is no offence, unless the offender is not to be=20 prosecuted. Hale, P. C. 546 1 Chit. Cr. Law, 4.

COMPROMISE, contracts. An agreement between two or more = persons, who,=20 to avoid a lawsuit, amicably settle their differences, on such terms as = they can=20 agree upon. Vide Com. Dig. App. tit. Compromise.

2. It will be proper to consider, 1. by whom the compromise must be = made; 2.=20 its form; 3. the subject of the compromise; 4. its effects.

3. It must be made by a person having a right and capacity to enter = into the=20 contract, and carry out his part of it, or by one having lawful = authority from=20 such person.

4. The compromise may be by parol or in writing, and the writing may = be under=20 seal or not: though as a general rule a partner cannot bind his = copartner by=20 deed, unless expressly authorized, yet it would seem that a compromise = with the=20 principal is an act which a partner may do in behalf of his copartners, = and=20 that, though under seal, it would conclude the firm. 2 Swanst. 539.

5. The compromise may relate to a civil claim, either as a matter of=20 contract, or for a tort, but it must be of something uncertain; for if = the debt=20 be certain and undisputed, a payment of a part will not, of itself, = discharge=20 the whole. A claim connected with a criminal charge cannot be = compromised. 1=20 Chit. Pr. 17. See Nev. & Man. 275.

6. The compromise puts an end to the suit, if it be proceeding, and = bars any=20 Suit which may afterwards be instituted. It has the effect of res = judicata. 1=20 Bouv. Inst. n. 798-9.

7. In the civil law, a compromise is an agreement between two or more = persons, who, wishing to settle their disputes, refer the matter, in = controversy=20 to arbitrators, who are so called because those who choose them give = them full=20 powers to arbitrate and decide what shall appear just and reasonable, to = put an=20 end -to the differences of which they are made the judges. 1 Domat, Lois = Civ.=20 lib. h. t. 14. Vide Submission; Ch. Pr. Index, h. t.

COMPROMISSARIUS, civil law. A name sometimes given to an = arbitrator;=20 because the parties to the submission usually agree to fulfil his award = as a=20 compromise.

COMPTROLLERS. There are officers who bear this name, in the = treasury=20 depart ment of the United States.

2. There are two comptrollers. It is the duty of the first to examine = all=20 accounts settled by the first and fifth auditors, and certify the = balances=20 arising thereon to the register; to countersign all warrants drawn by = the=20 secretary.of the treasury, other than those drawn on the requisitions of = the sec=20 retaries of the war and navy departments, which shall be warranted by = law; to=20 report to the secretary the official forms to be issued in the different = offices=20 for collecting the public revenues, and the manner and form of stating = the=20 accounts of the several persons employed therein; and to superintend the = preservation of the public accounts, subject to his revision; and to = provide for=20 the payment of all moneys which may be collected. Act of March 3, 1817, = sect. 8;=20 Act of Sept. 2, 1789, s. 2 Act of March 7, 1822 .

3. To superintend the recovery of all debts due to the United States; = to=20 direct suits and legal proceedings, and to take such measures as may be=20 authorized by the laws, to enforce prompt payment of all such debt; Act = of March=20 3, 1817, sect. 10; Act of Sept. 2, 1789, s. 2; to lay before congress = annually,=20 during the first week of their session, a list of such officers as shall = have=20 failed in that year to make the settlement required by law; and a = statement of=20 the accounts in the treasury, war, and navy departments, which may have = remained=20 more than three years unsettled, or on which balauces appear to have = been due=20 more than three years prior to the thirteenth day of September, then = last past;=20 together with a statement of the causes which have prevented a = settlement of the=20 accounts, or the recovery of the balances due to the United States. Act = of March=20 3, 1809, sect. 2.

4. Besides these, this officer is required to perform minor duties, = which the=20 plan of this work forbids to be enumerated here.

5. His salary is three thousand five hundred dollars per annum. Act = of Feb.=20 20, 1804, s. 1.

6. The duties of the second comptroller are to examine all accounts = settled=20 by the second, third and fourth auditors, and certify the balances = arising=20 -thereon to the secretary of the department in which the expenditure has = been=20 incurred; to counter-sign all the warrants drawn by the secretary of the = treasury upon the requisition of the secretaries of the war and navy=20 departments, which shall be warranted by law; to report to the said = secretaries=20 the official forms to be issued in the different offices for disbursing = public=20 money in those departments, and the manner and form of keeping and = stating the=20 accounts of the persons employed therein, and to superintend the = preservation of=20 public accounts subject to his revision. His salary is three thousand = dollars=20 per annum. Act of March 3, 1817, s. 9 and 15; Act of May 7, 1822.

7. A similar officer exists in several of the states, whose official = title is=20 comptroller of the public accounts, auditor general, or other title = descriptive=20 of the duties of the office.

COMPULSION. The forcible inducement to au act.

2. Compulsion may be lawful or unlawful. 1. When a man is compelled = by lawful=20 authority to do that which be ought to do, that compulsion does not = affect the=20 validity of theact; as for example, when a court of competent = jurisdiction=20 compels a party to execute a deed, under the pain of attachment for = contempt,=20 the grantor cannot object to it on the ground of compulsion. 2. But if = the court=20 compelled a party to do an act forbidden by law, or not having = jurisdiction over=20 the parties or the subject-matter, the act done by such compulsion would = be=20 void. Bowy. Mod. C. L. 305.

3. Compulsion is never presumed. Coercion. (q. v.)

COMPURGATOR. Formerly, when a person was accused of a crime, = or sued=20 in a civil action, he might purge himself upon oath of the accusation = made=20 against him, whenever the proof was not the most clear and positive; and = if upon=20 his oath he declared himself innocent, he was absolved.

2. This usage, so eminently calculated to encourage perjury by = impunity, was=20 soon found to be dangerous to the public safety. To remove this evil the = laws=20 were changed, by requiring that the oath should be administered with the = greatest solemnity; but the form was soon disregarded, for the mind = became.=20 easily familiarized to those ceremonies which at first imposed on the=20 imagination, and those who cared not to violate the truth did not = hesitate to=20 treat the form with contempt. In order to give a greater weight to the = oath of=20 the accused, the law was again altered so as to require that the accused = should=20 appear before the judge with a certain number of his neighbors, = relations or=20 friends, who should swear that they believed the accused had sworn = truly. This=20 new species of witnesses were called compurgators.

3. The number of compurgators varied according to the nature of the = charge=20 and other circumstances. Encyclopedie, h. t.. Vide Du Cange, Gloss. voc. = Juramentum; Spelman's Gloss. voc. Assarth; Merl. Rep. mot = Conjurateurs.

4. By the English law, when a party was sued in debt or simple = contract,=20 detinue, and perhaps some other forms of action, the defendant might = wage his=20 law, by producing eleven compurgators who would swear they believed him = on his=20 oath, by which he discharged himself from the action in certain cases. = Vide 3=20 Bl. Com. 341-848; Barr. on the Stat. 344; 2 Inst. 25; Terms de la Ley; = Mansel on=20 Demurrer, 130, 131 Wager of Law.

COMPUTATION counting, calculation. It is a reckoning or = ascertaining=20 the number of any thing.

2. It is sometimes used in the common law for the true reckoning or = account=20 of time. Time is computed in two ways; first, naturally, counting years, = days=20 and hours; and secondly, civilly, that is, that when the last part of = the time=20 has once commenced, it is considered as accomplished. Savig. Dr. Rom. = 182. See=20 Infant; Fraction. For the computation of a year, see Com. Dig. Ann; of a = mouth,=20 Com. Dig. Temps. A; 1 John. Cas. 100 15 John. R. 120; 2 Mass. 170, n.; 4 = Mass.=20 460; 4 Dall. 144; 3 S. & R. 169; of a day, vide Day.; and 3, Burr = 1434; 11=20 Mass. 204; 2 Browne, 18; Dig. 3, 4, 5; Salk. 625; 3 Wils. 274.

3. It is a general rule that when an act is to be done within a = certain time,=20 one day is to be taken inclusively, and one exclusively. Vide Lofft, = 276; Dougl.=20 463; 2 Chit. Pr. 69; 3 Id. 108, 9; 3 T. R. 623; 2 Campb. R. 294; 4 Man. = and Ryl.=20 300, n. (b) 5 Bingh. R. 339; S. C. 15, E. C. L. R. 462; 3 East, R. 407; = Hob.=20 139; 4 Moore, R. 465; Har. Dig. Time, computation of; 3 T. R. 623; 5 T. = R. 283;=20 2 Marsh. R. 41; 22 E. C. L. R. 270; 13 , E, C. L. R. 238; 24 E. C. L. R. = 53; 4=20 Wasb. C. C. R. 232; 1 Ma-son, 176; 1 Pet. 60; 4 Pet. 349; 9 Cranch, 104; = 9=20 Wheat. 581. Vide Day; Hour; Month; Year.

CONCEALMENT, contracts. The unlawful suppression of any fact = or=20 circumstance, by one of the partis to a contract, from the other, which = in=20 justice ought to be made known. 1 Bro. Ch. R. 420; 1 Fonbl. Eq. B. 1, c. = 3, 4,=20 note (n); 1 Story, Eq. Jur. 207.

2. Fraud occurs when one person substantially misrepresents or = conceals a=20 material fact peculiarly within his own knowledge, in consequence of = which a=20 delusion exists; or uses a device naturally calculated to lull the = suspicions of=20 a careful man, and induce him to forego inquiry into a matter upon which = the=20 other party has information, although such information be not = exclusively within=20 his reach. 2 Bl. Com. 451; 3 Id. 166; Sugd. Vend. 1 to 10; 1 Com. Contr. = 38; 3=20 B. & C. 623; 5 D. & R. 490; 2 Wheat. 183; 11 Id. 59; 1 Pet. Sup. = C. R.=20 15, 16. The party is not bound, however, to disclose patent defects. = Sugd. Vend.=20 2.

3. A distinction has been made between the concealment of latent = defects in=20 real and personal property. For example, the concealment by an agent = that a=20 nuisance existed in connexion with a house the owner had to hire, did = not render=20 the lease void. 6 IV. & M. 358. 1 Smith, 400. The rule with regard = to=20 personalty is different. 3 Camp. 508; 3 T. R. 759.

4. In insurances, where fairness is so essential to, the contract, a=20 concealment which is only the effect of accident, negligence, = inadvertence, or=20 mistake, if material, is equally fatal to the contract as if it were = intentional=20 and fraudulent. 1 Bl. R. 594; 3 Burr. 1909. The insured is required to = disclose=20 all the circumstances within his own knowledge only, which increase the = risk. He=20 is not, however, bound to disclose general circumstances which apply to = all=20 policies of a particular description, notwithstanding they may greatly = increase=20 the risk. Under this rule, it has been decided that a policy is void, = which was=20 obtaineed by the concealment by the assured of the fact that he had = heard that a=20 vessel like his was taken. 2 P. Wms. 170. And in a case where the = assured had=20 information of "a violent storm" about eleven hours after his vessel had = sailed,=20 and had stated only that "there had been blowing weather and severe = storms on=20 the coast after the vessel had sailed" but without any reference to the=20 particular storm it was decided that this was a concealment, which = vitiated the=20 policy. 2 Caines R. 57. Vide 1 Marsh. Ins: 468; Park, Ins. 276; 14 East, = R. 494;=20 1 John. R. 522; 2 Cowen, 56; 1 Caines, 276; 3 Wash. C. C. Rep. 138; 2 = Gallis.=20 353; 12 John. 128.

5. Fraudulent concealment avoids the contract. See, generally, Verpl. = on=20 Contr. passim; Bouv. Inst. Index, h. t.; Marsh. Ins. B. 1, c. 9; 1 = Bell's Com.=20 B. 2, pt. 3, c. 15 s. 3, 1; 1 M. & S. 517; 2 Marsh. R. 336.

CONCESSI, conveyancing. This is a Latin word, signifying, I = have=20 granted. It was frequently used when deeds and other conveyances were = written in=20 Latin.. It is a word of general extent, and is said to amount to a = grant,=20 feoffment, lease, release, and the like. 2 Saund. 96; Co. Lift. 301, = 302; Dane's=20 Ab. Index, h. t.; 5 Whart. R. 278.

2. It has been held that this word in a feoffment or fine implies no=20 -warranty. Co. Lit. 384 Noke's Case, 4 Rep. 80; Vaughan's Argument in = Hayes v.=20 Bickoxsteth, Vaughan, 126; Butler"s Note, Co. Lit. 3 84. But see 1 = Freem. 339,=20 414.

CONCESSION. A grant. This word is frequently used in this = sense when=20 applied to grants made by the French and Spanish governments in = Louisiana.

CONCESSIMUS. A Latin word, which signifies, we have granted. = This word=20 creates a covenant in law, for the breach of which the grantors may be = jointly=20 sued. It imports no warranty of a freehold, but as in case of a lease = for years.=20 Spencer's Case, 5 Co. Rep. 16 Brown v. Heywood, 3 Keble, Rep. 617 Bac. = Ab.=20 Covenant, B. See Bac. Ab. officers, &c. E.

CONCESSOR. A grantor; one who makes a concession to = another.

CONCILIUM. A day allowed to a defendant to make his defence; = an=20 imparlance, 4 Bl. Com. 356, n.; 3 T. R. 530.

CONCILIUM REGIS. The name of a tribunal which existed in = England=20 during the times of Edward I. and Edward H., composed of the judges and = sages of=20 the law. To them were referred cases of great difficulty. Co. Litt. = 804.

CONCLAVE. An assembly of cardinals for the purpose of electing = a pope;=20 the place where the assembly is held is also called a conclave. It = derives this=20 name from the fact that all the windows and doors are looked, with the = exception=20 of a single panel, which admits a gloomy light.

CONCLUSION, practice. Making the last argument or address to = the court=20 or jury. The party on whom the onus probandi is cast, in general has the = conclusion.

CONCLUSION, remedies. An estoppel; a bar; the act of a man by = which he=20 has confessed a matter or thing which he can no longer deny; as, for = example,=20 the sheriff is concluded by his return to a writ, and therefore, if upon = a=20 capias he return cepi corpus, he cannot afterwards show that he did not = arrest=20 the defendant, but is concluded by his return. Vide Plowd. 276, b; 3 = Tho. Co.=20 Litt. 600.

CONCLUSION TO THE COUNTRY, pleading. The tender of. an issue = to be=20 tried by a jury is called the conclusion to the country.

2. This conclusion is in the following words, when the issue is = tendered by=20 the defendant: " And of this the said C D puts himself upon the = country." When=20 it is tendered by the plaintiff, the formula is as follows: " And this = the said=20 A B prays may be inquired of by the country." It held, however, that = there is no=20 material difference between these two modes of expression, and that, if = ponit=20 se, be substituted for petit quod inquiratur, or vice versa, the mistake = is=20 unimportant. 10 Mod. 166.

3. When there is an affirmative on one side, and a negative on the = other, or=20 vice versa, the conclusion should be to the country. T. Raym. 98; Carth. = 87; 2=20 Saund. 189; 2 Burr. 1022. So it is, though the affirmative and negative = be not=20 in express words, but only tantamount thereto. Co. Litt. 126, a; Yelv. = 137; 1=20 Saund. 103; 1 Chit. Pl. 592; Com. Dig. Pleader, E 32.

CONCLUSIVE. What puts an end to a thing. A conclusive = presumption of=20 law, is one which cannot be contradicted even by direct and positive = proof.=20 Take, for example, the presumption that an infant is incapable of = judging=20 whether it is or is not against his interest; When infancy is pleaded = and=20 proved, the plaintiff cannot show that the defendant was within one day = of being=20 of age when the contract was made, and perfectly competent to make a = contract. 3=20 Bouv. Inst. n. 3061.

CONCLUSIVE EVIDENCE. That which cannot be contradicted by any = other=20 evidence,; for example, a record, unless impeached for fraud, is = conclusive=20 evidence between the parties. 3 Bouv. Inst. n. 3061-62.

CONCLUSUM, intern. law. The form of an acceptance or = conclusion of a=20 treaty; as, the treaty was ratified purely and simply by a conclusum. It = is the=20 name of a decree of the Germanic diet, or of the aulic council.

CONCORD, estates, conveyances, practice. An agreement or = supposed=20 agreement between the parties in levying a fine of lands, in which the=20 deforciant (or he who keeps the other out of possession,) acknowledges = that the=20 lands in question, are the right of the complainant;. and from the=20 acknowledgment or recognition of right thus made, the party who levies = the fine=20 is called the cognisor, and the person to whom it is levied, the = cognisee. 2 Bl.=20 Com. 350; Cruise, Dig. tit. 35, c. 2, s. 33; Com. Dig. Fine, E 9.

CONCORDATE. A convention; a pact; an agreement. The term is = generally=20 confined to the agreements made between independent government's; and, = most=20 usually applied to those between the pope and some prince.

CONCUBINAGE. This term has two different significations; = sometimes it=20 means a species of marriage which took place among the ancients, and = which is=20 yet in use in some countries. In this country it means the act or = practice of=20 cobabiting as man and woman, in sexual commerce, without the authority = of law,=20 or a legal marriage. Vide 1 Bro. Civ. Law, 80; Merl. Rep. b. t.; Dig. = 32, 49, 4;=20 Id. 7, 1, 1; Code, 5, 27, 12.

CONCUBINE. A woman who cohabits with a man as his wife, = without being=20 married.

TO CONCUR. In Louisiana, to concur, signifies, to claim a = part, of the=20 estate of an insolvent along with other claimants; 6 N. S. 460; as " the = wife=20 concurs with her husband's creditors, and claims a privilege over = them."

CONCURRENCE, French law. The equality of rights, or privilege = which=20 several persons-have over the same thing; as, for example, the right = which two=20 judgment creditors, Whose judgments were rendered at the same time, have = to be=20 paid out of the proceeds of real estate bound by them. Dict. de Jur. h. = t.

CONCURRENT. Running together; having the same authority; thus = we say a=20 concurrent consideration occurs in the case of mutual promises; such and = such a=20 court have concurrent jurisdiction; that is, each has the same = jurisdiction.

CONCUSSION, civ. law. The unlawful forcing of another by = threats of=20 violence to give something of value. It differs from robbery in this, = that in=20 robbery the thing is taken by force, while in concussion it is obtained = by=20 threatened violence. Hein. Lec. El, 1071

CONDEDIT, eccl. law. The name of a plea, entered by a party to = a libel=20 filed in the ecclesiastical court, in which it is pleaded that the = deceased made=20 the will which is the subject of the suit, and that he was of sound = mind. 2 Eng.=20 Eccl. Rep. 438; 6 Eng. Eccl. Rep. 431.

CONDELEGATES. Advocates who have been appointed judges of the = bigh=20 court of delegates are so called. Shelf. on Lun. 310.

CONDEMNATION, mar. law. The sentence or judgment of a court of = competent jurisdiction that a ship or vessel taken as a prize on the = high seas,=20 was liable to capture, and was properly and legally captured.

2. By the general practice of the law of nations, a sentence of = condemnation=20 is, at present, generally deemed necessary in order to divest the title = of a=20 vessel taken as a prize. Until this has been done the original owner may = regain=20 his property, although the ship may have been in possession of the enemy = twenty-four hours, or carried infra praesidia. 1 Rob. Rep. 134; 3 Rob. = Rep. 97,=20 n.; Carth. 423; Chit. Law of Nat. 99, 100; 10 Mod. 79; Abb. on Sh. 14; = Wesk. on=20 Ins. h. t.; Marsh. on Ins. 402. A sentence of condemnation is generally = binding=20 everywhere. Marsh. on Ins. 402.

3. The term condemnation is also applied to the sentence which = declares a=20 ship to be unfit for service; this sentence and the grounds of it may, = however,=20 be re-examined and litigated by parties interested in disputing it. 5 = Esp. N. P.=20 C. 65; Abb. on Shipp. 4.

CONDEMNATION, civil law. A sentence of judgment which condemns = some=20 one to do, to give, or to pay something; or which declares that his = claim or=20 pretensions are unfounded. This word is also used by common lawyers, = though it=20 is more usual to say conviction, both in civil and criminal cases. It is = a maxim=20 that no man ought to be condemned unheard, and without the opportunity = of being=20 heard.

CONDICTIO INDEBITI, civil law. When the plaintiff has paid to = the=20 defendant by mistake what he was not bound to pay either in fact or in = law, he=20 may recover it back by an action called condictio indebiti. This action = does not=20 lie, 1. if the sum was due ex cequitate, or by a natural obligation; 2. = if he=20 who made the payment knew that nothing was due, for qui consulto dat = quod non=20 debetat, prcesumitur donare. Vide Quasi contract.

CONDICTION, Lat. condictio. This term is used in the civil law = in the=20 same sense as action. Condictio certi, is an action for the recovery of = a=20 certain thing, as our action of replevin, condictio incerti, is an = action given=20 for the recovery of an uncertain thing. Dig. 12 , 1.

CONDITION, contracts, wills. In its most extended = signification, a=20 condition is a clause in a contract or agreement which has for its = object to=20 suspend, to rescind, or to modify the principal obligation; or in case = of a=20 will, to suspend, revoke, or modify the devise or bequest. 1 Bouv. Inst. = n. 730.=20 It ii in fact by itself, in many cases, an agreement; and a sufficient=20 foundation as an agreement in writing, for a bill in equity, praying for = a=20 specific performance. 2 Burr. 826. In pleading, according to the course = of the=20 common Iaw, the bond and its condition are to some intents and purposes, = regarded as distinct things. 1 Saund. Rep. by Wms. 9 b. Domat has given = a=20 definition of a condition, quoted by Hargrave, in these words: "A = condition is=20 any portion or agreement which regulates what the parties have a mind = should be=20 done, if a case they foresee should come to pass." Co. Litt. 201 a.

2. Conditions sometimes suspend the obligation; as, when it is to = have no=20 effect until they are fulfilled; as, if I bind myself to pay you one = thousand=20 dollars ou condition that the ship Thomas Jefferson shall arrive in the = United=20 States from Havre; the contract is suspended until the arrival of the = ship.

3. The condition sometimes rescinds the contract; as, when I sell you = my=20 horse, on condition that he shall be alive on the first day of January, = and he=20 dies before that time.

4. A condition may modify the contract; as, if I sell you two = thousand=20 bushels of corn, upon condition that my crop shall produce that much, = and it=20 produces only fifteen hundred bushels.

5. In a less extended acceptation, but in a true sense, a condition = is a=20 future and uncertain event, on the existence or non-existence of which = is made=20 to depend, eitther the accomplishment, the modification, or the = rescission of an=20 obligation or testamentary disposition.

6. There is a marked difference between a condition and a limitation. = When a=20 in is given generally, but the gift may defeated upon the happening of = an=20 uncertain event, the latter is called a condition but when it is given = to be=20 enjoyed until the event arrives, it is a limitation. See Limitation; = Estates. It=20 is not easy to say when a condition will be considered a covenant and = when not,=20 or when it will be holden to be both. Platt on Cov. 71.

7. Events foreseen by conditions are of three kinds. Some depend on = the acts=20 of the persons who deal together, as, if the agreement should provide = that a=20 partner should not join another partnership. Others are independent of = the will=20 of the parties, as, if I sell you one thousand bushels of corn,. on = condition=20 that my crop shall not be destroyed by a fortuitous event, or act of = God. Some=20 depend in part on the contracting parties and partly on the act of God, = as, if=20 it be provided that such merchandise shall arrive by a certain day.

8. A condition may be created by inserting the very word condition, = or on=20 condition, in the deed or agreement; there are, however, other words = that will=20 do so as effectually, as proviso, if, &c. Bac. Ab. Conditions, = A.

9. Conditions are of various kinds; 1. as to their form, they are = express or=20 implied. This division is of feudal origin. 2 Woodes. Lect. 138. 2. As = to their=20 object, they are lawful or unlawful; 3. as to the time when they are to = take=20 effect, they are precedent or subsequent; 4. as to their nature, they = are=20 possible or impossible 5. as to their operation, they are positive or = negative;=20 6. is to their divisibility, they are copulative or disjunctive; 7. as = to their=20 agreement with the contract, they are consistent or repugnant; 8. as to = their=20 effect, they are resolutory or suspensive. These will be severally=20 considered.

10. An express condition is one created by express words; as for = instance, a=20 condition in a lease that if the tenant shall not pay the rent at the = day, the=20 lessor may reenter. Litt. 328. Vide Reentry.

11. An implied condition is one created by law, and not by express = words; for=20 example, at common law, the tenant for life holds upon the implied = condition not=20 to commit waste. Co. Litt. 233, b.

12 . A lawful or legal condition is one made in consonance with the = law. This=20 must be understood of the law as existing at the time of making the = condition,=20 for no change of the law can change the force of the condition. For = example, a=20 conveyance was made to the grantee, on condition that he should not = aliens until=20 be reached the age of twenty-five years. Before he acquired this age be = aliened,=20 and made a second conveyance after he obtained it; the first deed was = declared=20 void, and the last valid. When the condition was imposed, twenty-five = was the=20 age of majority in the state; it was afterwards changed to twenty-one. = Under=20 these circumstances the condition was held to be binding. 3 Miss., R. = 40.

13. An unlawful or illegal condition is one forbidden by law. = Unlawful=20 conditions have for their object, lst. to do something malum in se, or = malum=20 prohibitum; 2d. to omit the performance of some duty required by law 3d. = to=20 encourage such act or omission. 1 P. Wms. 189. When the law prohibits, = in=20 express terms, the transaction in respect to which the condition is = made, and=20 declares it void, such condition is then void; 3 Binn. R. 533; but when = it is=20 prohibited, without being declared void, although unlawful, it is not = void. 12=20 S. @ R. 237. Conditions in restraint of marriage are odious, and are = therefore=20 held to the utmost rigor and strictness. They are contrary to sound = policy, and=20 by the Roman law were all void. 4 Burr. Rep. 2055; 10 Barr. 75, 350; 3 = Whart.=20 575.

14. A condition precedent is one which must be performed before the = estate=20 will vest, or before the obligation is to be performed. 2 Dall. R. 317. = Whether=20 a condition shall be considered as precedent or subsequent, depends not = on the=20 form or arrangement of the words, but on the manifest intention of the = parties,=20 on the fair construction of the contract. 2 Fairf. R. 318; 5 Wend. R. = 496; 3=20 Pet, R. 374; 2 John. R. 148; 2 Cain es, R. 352; 12 Mod. 464; 6 Cowen, R. = 627 9=20 Wheat. R. 350; 2 Virg. Cas. 138 14 Mass. R. 453; 1 J. J. Marsh. R. 591 6 = J. J.=20 Marsh. R. 161; 2 Bibb, R. 547 6 Litt. R. 151; 4 Rand. R. 352; 2 Burr. = 900

15. A subsequent condition is one which enlarges or defeats an estate = or=20 right, already created. A conveyance in fee, reserving a life estate in = a part=20 of the land, and made upon condition that the grantee shall pay certain = sums of=20 money at divers times to several persons, passes the fee upon condition=20 subsequent. 6 Greenl. R. 106. See 1 Burr. 39, 43; 4 Burr. 1940. = Sometimes it=20 becomes of great importance to ascertain whether the condition is = precedent or=20 subsequent. When a precedent condition becomes impossible by the act of = God, no=20 estate or right vests; but if the condition is subsequent, the estate or = right=20 becomes absolute. Co. Litt. 206, 208; 1 Salk. 170.

16. A possible condition is one which may be performed, and there is = nothing=20 in the laws of nature to prevent its performance.

17. An impossible condition is one which cannot be accomplished = according to=20 the laws of nature; as, to go from the United States to Europe in one = day.; such=20 a condition is void. 1 Swift's Dig. 93; 5 Toull. n. 242-247. When a = condition=20 becomes impossible by the act of God, it either vests the estate, or = does not,=20 as it is precedent or subsequent: when it is the former, no estate vests = when=20 the latter, it becomes absolute. Co. Litt. 206, a, 218, a; 3 Pet. R. = 374; 1=20 Hill. Ab. 249. When the performance of the condition becomes impossible = by the=20 act of the party who imposed it, the estate is rendered absolute. 5 Rep. = 22; 3=20 Bro. Parl. Cas. 359. Vide 1 Paine's R. 652; Bac. Ab. Conditions, M; = Roll. Ab.=20 420; Co. Litt. 206; 1 Rop. Leg. 505; Swinb. pt. 4, s. 6; Inst. 2, 4, 10; = Dig.=20 28, 7, 1; Id. 44, 7, 31; Code 6, 25, 1; 6 Toull. n. 486, 686 and the = article=20 Impossibility.

18. A positive condition requires that the event contemplated shall = happen;=20 as, If I marry. Poth. Ob. part 2, c. 3, art. 1, 1. 19. A negative = condition=20 requires that the event contemplated shall not happen as If I do not = marry.=20 Potb. Ob. n. 200.

20. A copulative condition, is one of several distinct-matters, the = whole of=20 which are made precedent to the vesting of an estate or right. In this = case the=20 entire condition must be performed, or the estate or right can never = arise or=20 take place. 2 Freem. 186. Such a condition differs from a disjunctive = condition,=20 which gives to the party the right to perform the one or the other; for, = in this=20 case, if one becomes impossible by the act of God, the whole will, in = general,=20 be excused. This rule, however, is not without exception. 1 B. & P. = 242;=20 Cro. Eliz. 780; 5 Co. 21; 1 Lord Raym. 279. Vide Conjunctive; = Disjunctive.

21. A disjunctive condition is one which gives the party to be = affected by=20 it, the right to perform one or the other of two alternatives.

22. A consistent condition is one which agrees with other parts of = the=20 contract.

23. A repugnant condition is one which is contrary to the contract; = as, if I=20 grant to you a house and lot in fee, upon condition that you shall not = aliene,=20 the condition is repugnant and void, as being inconsistent with the = estate=20 granted. Bac. Ab. Conditions L; 9 Wheat. 325; 2 Ves. jr. 824.

24. A resolutory condition in the civil law is one which has for its = object,=20 when accomplished the revocation of the principal obligation. This = condition=20 does not suspend either the existence or the execution of the = obligation, it=20 merely obliges the creditor to return what he has received.

25. A suspensive condition is one which susends the fulfilment of the = obligation until it has been performed; as, if a man bind himself to pay = one=20 -hundred dollars, upon condition that the ship Thomas Jefferson shall = arrive=20 from Europe. The obligation, in this case, is suspended until the = arrival of the=20 ship, when the condition having been performed, the obligation becomes = absolute=20 , and it is no longer conditional. A suspensive condition is in fact a = condition=20 precedent.

26. Pothier further divides conditions into potestative, casual and=20 mixed.

27. A potestative condition is that which is in the power of the = person in=20 whose favor it is contracted; as, if I engage to give my neighbor a sum = of=20 money, in case he outs down a tree which obstructs my. prospect. Poth. = Obl. Pt.=20 2, c. 3, art. 1, 1.

28. A casual condition is one which depends altogether upon chance, = and not=20 in the power of the creditor, as the following: if I have children; if I = have no=20 children; if such a vessel arrives in the United States, &c. Poth. = Ob. n.=20 201.

29. A mixed condition is one which depends on the will of the = creditor and of=20 a third person; as, if you marry my cousin. Poth. Ob. n. 201. Vide, = generally,=20 Bouv. Inst. Index, h. t.

CONDITION, persons. The situation in civil society which = creates=20 certain relations between the individual, to whom it is applied, and one = or more=20 others, from which mutual rights and obligations arise. Thus the = situation=20 arising from marriage gives rise to the conditions of husband and wife = that of=20 paternity to the conditions of father and child. Domat, tom. 2, liv. 1, = tit. 9,=20 s. 1, n. 8.

2. In contracts every one is presume to know the condition of the = person with=20 whom he deals. A man making a contract with an infant cannot recover = against him=20 for a breach of the contract, on the ground that he was not aware of his = condition.

CONDITIONAL OBLIGATION. One which is superseded by a condition = under=20 which it was created and which is not yet accomplished. Poth. Obl. n. = 176,=20 198.

CONDITIONS OF SALE, contracts. The terms upon which the vendor = of=20 property by auction pro poses to sell it; the instrument containing = these terms,=20 when reduced to writing or printing, is also called the conditions of = sale.

2. It is always prudent and advisable that the conditions of sale = should be=20 printed and exposed in the auction room; when so done, they are binding = ou both=20 parties, and nothing that is said at the time of sale, to add to or vary = such=20 printed conditions, will be of any avail. 1 H. Bl. 289 12 East, 66 Ves. = 330; 15=20 Ves. 521; 2 Munf. Rep. 119; 1 Desauss. Ch. Rep. 573; 2 Desauss. Ch. R. = 320; 11=20 John. Rep. 555; 3 Camp. 285. Vide forms of conditions of sale in = Babington on=20 Auctions, 233 to 243; Sugd. Vend. Appx. No. 4. Vide duction; ductioneer; = Puffer.

CONDONATION. A term used in the canon law. It is a forgiveness = by the=20 husband of his wife, or by a wife of her husband, of adultery committed, = with an=20 implied condition that the injury shall not be repeated, and that the = other=20 party shall be treated with conjugal kindness. 1 Hagg. R. 773; 3 Eccl. = Rep. 310.=20 See 5 Mass. 320 5 Mass. 69; 1 Johns. Ch. R. 488.

2. It may be express or implied, as, if a husband, knowing of his = wife's=20 infidelity, cohabit with her. 1 Hagg. Rep. 789; 3 Eccl. R. 338.

3. Condonation is not, for many rea sons, held so strictly against a = wife as=20 against a husband. 3 Eccl. R. 830 Id. 341, n.; 2 Edw. R. 207. As all=20 condonations, by operation of law, are expressly or impliedly = conditional, it=20 follows that the effect is taken off by the repetition of misconduct; 3 = Eccl. R.=20 329 3 Phillim. Rep. 6; 1 Eccl. R. 35; and cruelty revives condoned = adultery.=20 Worsley v. Worsley, cited in Durant v. Durant, 1 Hagg. Rep. 733; 3 Eccl. = Rep.=20 311.

4. In New York, an act of cruelty alone, on the part of the husband, = does not=20 revive condoned adultery, to entitle the wife to a divorce. 4 Paige's R. = 460.=20 See 3 Edw. R. 207.

5. Where the parties have separate beds, there must, in order to = found=20 condonation, be something of matrimonial intercourse presumed; it does = not rest=20 merely on the wife's not. withdrawing herself. 3 Eccl. R. 341, n.; 2 = Paige, R.=20 108.

6. Condonation is a bar to a sentence of divorce. 1 Eccl. Rep. 284; 2 = Paige,=20 R. 108. In Pennsylvania, by the Act of the 13th of March, 1815, 7, 6 = Reed's Laws=20 of Penna. 288, it is enacted that " in any suit or action for divorce = for cause=20 of adultery, if the defendant shall allege and prove that the plaintiff = has=20 admitted the defendant into conjugal society or embraces, after he or = she knew=20 of the criminal fact, or that the plaintiff (if the husband) allowed of = his=20 wife's prostitutions, or received hire, for them, or exposed his wife to = lewd=20 company, whereby she became ensnared to the crime aforesaid, it shall be = a good=20 defence, and perpetual bar against the same." The same rule may be = found,=20 perhaps, in the codes of most civilized countries. Villanova Y Manes, = Materia=20 Criminal Forense, Obs. 11, c. 20, n. 4. Vide, generally, 2 Edw. 207; = Dev. Eq. R.=20 352 4 Paige, 432; 1 Edw. R. 14; Shelf. on M. & D. 445; 1 John. Ch. = R. 488 4=20 N. Hamp. R. 462; 5 Mass. 320.

CONDUCT, law of nations. This term is used in the phrase safe = conduct,=20 to signify the security given, by authority of the government, under the = great=20 seal, to a stranger, for his quietly coming into and passing out of the=20 territories over which it has jurisdiction. A safe conduct differs from = a=20 passport; the former is given to enemies, the latter to friends or = citizens.

CONDUCT MONEY. The money advanced to a witness who has been = subpoenaed=20 to enable him to attend a trial, i's so called. CONDUCTOR OPERARUM, = civil law.=20 One who undertakes, for a reward, to perform a job or piece of work for = another.=20 See Locator Operis.

CONFEDERACY, intern. law. An agreement between two or more = states or=20 nations, by which they unite for their mutual protection and good. This = term is=20 applied to such agreement between two independent nations, but it is = used to=20 signify the union of different states of the same nation, as the = confederacy of=20 the states.

2. The original thirteen states, in 1781, adopted for their federal=20 government the " Articles of confederation and perpetual union between = the=20 States," which continued in force until the present constitution of the = United=20 States went into full operation, on the 30th day of April, 1789, when = president=20 Washington was sworn into office. Vide 1 Story on the Const. B. 2, c. 3 = and=20 4.

CONFEDERACY, crim. law. An agreement between two or more = persons to do=20 an unlawful act, or an act, which though not unlawful in itself, becomes = so by=20 the confederacy. The technical term usually employed to signify this = offence, is=20 conspiracy. (q. v.)

CONFEDERACY, equity pleading. The fourth part of a bill in = chancery=20 usually charges a confederacy; this is either general or special.

2. The first is by alleging a general charge of confederacy between = the=20 defendants and other persons to injure or defraud the plaintiff. The = common form=20 of the charge is, that the defendants, combining and confederating = together, to=20 and with divers other persons as yet to the plaintiff unknown, but whose = names,=20 when discovered, he prays may be inserted in the bill, and they be made = parties=20 thereto, with proper and apt words to charge them with the premises, in = order to=20 injure and oppress the plaintiff in ti e premises, do absolutely refuse, = &c.=20 Mitf. Eq. Pl. by Jeremy, 40; Coop. Eq. Pl. 9 Story, Eq. Pl. 29; 1 Mont. = Eq. Pl.=20 77; Barton, Suit in Eq. 33; Van Heyth. Eq. Drafts, 4.

3. When it is intended to rely on a confederacy or combination as a = ground of=20 equitable jurisdiction, the confederacy must be specially charged to = justify an=20 assumption of jurisdiction. Mitf. Eq. Pl. by Jeremy, 41; Story, Eq. Pl. = 30.

4. A general allegation of confederacy is now considered as mere = form. Story,=20 Eq. Pl. 29; 4 Bouv. Inst. n. 4169.

CONFEDERATION, government. The name given to that form of = government=20 which the American colonies, on shaking off the British yoke, devised = for their=20 mutual safety and government.

2. The articles of confederation, (q. v.) were finally adopted on the = 15th of=20 November, 1777, and with the exception of Maryland, which, however, = afterwards=20 also agreed to them, were speedily adopted by the United States, and by = which=20 they were formed into a federal bod y, and went into force on the first = day of=20 March, 1781; 1 Story Const. 225; and so remained until the adoption of = the=20 present constitution, which acquired the force of the supreme law of the = land on=20 the first Wednesday of March, 1789. 5 Wheat. R. 420. Vide Articles of=20 Confederation.

CONFERENCE, practice, legislation. In practice, it is the = meeting of=20 the parties or their attorneys in a cause, for the purpose of = endeavoring to=20 settle the same.

2. In legislation, when the senate and house of representatives = cannot agree=20 on a bill or resolution which it is desirable should be passed, = committees are=20 appointed by the two bodies respectively, who are called committees of=20 confrence, and whose duty it is, if possible, to -reconcile the = differences=20 between them.

3. In the French law, this term is used to signify the similarity and = comparison between two laws, or two systems of law; as the Roman and the = common=20 law. Encyclopedie, h. t.

4. In diplomacy, conferences are verbal explanations between = ministers of two=20 nations at least, for the purpose of accelerating various difficulties = and=20 delays, necessarily attending written communications.

CONFESSION, crim. law, evidence. The voluntary declaration = made by a=20 person who has committed a crime or misdemeanor, to another, of the = agency or=20 participation which he had in the same.

2. When made without bias or improper influence, confessions are = admissible=20 in evidence, as the highest and most satisfactory proof: because it is = fairly=20 presumed that no man would make such a confession against himself, if = the facts=20 confessed were not true but they are excluded, if liable to the of = having been=20 unfairly obtained.

3. Confessions should be received with great caution, as they are = liable to=20 many objections. There is danger of error from the misapprehension of = witnesses,=20 the misuse of words, the failure of a party to express his own meaning, = the=20 prisoner being oppressed by his unfortunate situation, and influenced by = hope,=20 fear, and sometimes a worse motive, to male an untrue confession. See = the case=20 of the two Boorns in Greenl. Ev . 214, note 1; North American Review, = vol. 10,=20 p. 418; 6 Carr. & P. 451; Joy on Confess. s. 14, p. 100; and see1 = Chit. Cr.=20 Law, 85.

4. A confession must be made voluntarily, by the party himself, to = another=20 person. 1. It must be voluntary. A confession, forced from the mind by = the=20 flattery of hope, or the torture of fear, comes in so questionable a = shape, when=20 it is to be considered as evidence of guilt, that Lo credit ought to be = given to=20 it. 1 Leach, 263. This is the principle, but what amounts to a promise = or a=20 threat, is not so easily defined. Vide 2 East, P. C. 659; 2 Russ. on Cr. = 644 4=20 Carr. & Payne, 387; S. C. 19 Eng. Com. L. Rep. 434; 1 Southard, R. = 231 1=20 Wend. R. 625; 6 Wend. R. 268 5 Halst. R. 163 Mina's Trial, 10; 5 Rogers' = Rec.=20 177 2 Overton, R. 86 1 Hayw. (N. C.) R, 482; 1 Carr. & Marsh. 584. = But it=20 must be observed that a confession will be considered as voluntarily = made,=20 although it was made after a promise of favor or threat of punishment, = by a=20 person not in authority, over the prisoner. If, however, a person having = such=20 authority over him be present at the time, and he express no dissent, = evidence=20 of such confession cannot be given. 8 Car. & Payne, 733.

5. - 2. The confession must be made by the party to be affected by = it. It is=20 evidence only against him. In case of a conspiracy, the acts of one = conspirator=20 are the acts of all, while active in the progress of the conspiracy, but = after=20 it is over, the confession of one as to the part he and others took in = the=20 crime, is not evidence against any but himself. Phil. Ev. 76, 77; 2 = Russ. on Cr.=20 653.

6. - 3. The confession must be to another person. It may be made to a = private=20 individual, or under examination before a magistrate. The whole of the=20 confession must be taken, together with whatever conversation took place = at the=20 time of the confession. Roscoe's Ev. N. P. 36; 1 Dall. R. 240 Id. 392; 3 = Halst.=20 27 5 .2 Penna. R. 27; 1 Rogers' Rec. 66; 3 Wheeler's C. C. 533; 2 = Bailey's R.=20 569; 5 Rand. R. 701.

7. Confession, in another sense, is where a prisoner being arraigned = for an=20 offence, confesses or admits the crmie with which he is charged, = whereupon the=20 plea of guilty is entered. Com Dig. Indictment, K; Id. Justices, W 3; = Arch. Cr.=20 Pl. 1 2 1; Harr. Dig. b. t.; 20 Am. Jur. 68; Joy on Confession.

8. Confessions are classed into judicial and extra judicial. Judicial = confessions are those made before a magistrate, or in court, in the due = course=20 of legal proceedings; when made freely by the party, and with a full and = perfect=20 knowledge of their nature and consequences, they are sufficient to found = a=20 conviction. These confessions are such as are authorized by a statute, = as to=20 take a preliminary examination in writing; or they are by putting in the = plea of=20 guilty to an indictment. Extra judicial confessions are those wbich are = made by=20 the part elsewhere than before a magistrate or in open court. 1 Greenl. = Ev. 216.=20 See, generally, 3 Bouv. Inst. n. 3081-2.

CONFESSIONS AND AVOIDANCE, pleadings. Pleas in confession and=20 avoidance are those which admit the averments in the plaintiff Is = declaration to=20 be true, and allege new facts which obviate and repel their legal = effects.

2. These pleas are to be considered, first, with respect to their = division.=20 Of pleas in confession and avoidance, some are distinguished (in = reference to=20 their subjectmatter) as pleas in justification or excuse, others as = pleas in=20 discharge. Com. Dig. Pleader, 3 M 12. The pleas of the former class, = show some=20 justification or excuse of the matter charged in the declaration; of the = latter,=20 some discharge or release of that matter. The effect of the former, = therefore,=20 is to show that the plaintiff never had any right of action, because the = act=20 charged was lawful; the effect of the latter, to show that though he had = once a=20 right of action, it is discharged or released by some matter subsequent. = Of=20 those in justification or excuse, the plea of son assault demesne is an = example;=20 of those in discharge, a release. This division applies to pleas only; = for=20 replications and other subsequent pleadings in confession and avoidance, = are not=20 subject to such Classification;

3. Secondly, they are to be considered in respect to their form. As = to their=20 form, the reader is referred to Stephens on Pleading, 72, 79, where = forms are=20 given. In common with all pleadings whatever, which do not tender issue, = they=20 always conclude with a verification and prayer of judgment.

4. Thirdly, with respect to the quality of these pleadings, it is a = rule that=20 every pleading by way of confession and avoidance must give color. (q. = v.) And=20 see, generally, 1 Chit. Pl. 599; 2 Chit. Pl, 644; Co. Litt. 282, b; = Arch. Civ.=20 Pl. 215; Dane's Ab. Index, ii. t.; 3 Bouv. Inst. n. 2921, 293 1.

CONFESSOR, evid. A priest of some Christian sect, who receives = an=20 account of the sins of his people, and undertakes to give them = absolution of=20 their sins.

2. The general rule on the subject of giving evidence of confidential = communications is, that the privilege is confined to counsel, = solicitors, and=20 attorneys, and the interpreter between the counsel and the client. Vide=20 Confidential Communications. Contrary to this general rule, it has been = decided=20 in New York, that a priest of the Roman Catholic denomination could not = be=20 compelled to divulge secrets which he had received in auricular = confession. 2=20 City Hall Rec. 80, n.; Joy on Conf. 4, p. 49. See Bouv. Inst. n. 3174 = and=20 note.

CONFIDENTIAL COMMUNICATIONS, evidence. Whatever is = communicated=20 professedly by a client to his counsel, solicitor, or attorney, is = considered as=20 a confidential communication.

2. This the latter is not permitted to divulge, for this is the = privilege of=20 the client and not of the attorney.

3. The. rule is, in general, strictly confined to counsel, solicitors = or=20 attorneys, except, indeed, the case of an interpreter between the = counsel and=20 client, when the privilege rests upon the same grounds of necessity. 3 = Wend. R.=20 339. In New York, contrary to this general rule, tinder the statute of = that=20 state, it has been decided that information disclosed to a physician = while=20 attending upon the defendant in his professional character, which = information=20 was necessary to enable the witness to prescribe for his patient, was a=20 confidential communication which the witness need not have testified. = about; and=20 in a case where such evidence had been received by the master, it was = rejected.=20 4 Paige, R. 460.

4. As to the matter communicated, it extends to all cases where the = party=20 applies for professional assistance. 6 Mad. R. 47; 14 Pick., R. 416. But = the=20 privilege does not extend to extraneous or impertinent communications; 3 = John.=20 Cas. 198; nor to information imparted to a counsellor in the character = of a=20 friend, and not as counsel. 1 Caines' R. 157.

5. The cases in which communications to counsel have been holden not = to be=20 privileged may be classed under the following heads: 1. When the = communication=20 was made before the attorney was employed as such; 1 Vent. 197; 2 Atk. = 524; 2.=20 after the attorney's employment has ceased 4 T. R. 431; 3. when the = attorney was=20 consulted because he was an attorney, yet he refused to act as such, and = was=20 therefore only applied to as a friend; 4 T. R. 753; 4. where a fact = merely took=20 place in the presence of the attorney, Cowp. 846; 2 Ves. 189; 2 Curt. = Eccl. R.=20 866; but see Str. 1122; 5. when the matter communicated was not in its = nature=20 private, and could in no sense be termed the subject of a confidential=20 communication; 7 East,, R. 357; 2 B. & B. 176; 3 John' Cas. 198; 6. = when the=20 things disclosed had no reference to professional employment, though = disclosed=20 while the relation of attorney and client subsisted; Peake's R. 77; 7. = when the=20 attorney made himself a subscribing witness; 10 Mod. 40 2 Curt. Eccl. R. = 866; 3=20 Burr. 1687

8. when he was directed to plead the facts to wbich he is called to = testify.=20 7 N. S. 179. See a well written article! on this subject in the American = Jurist,=20 vol. xvii. p. 304. Vide, generally, Stark. Ev. h. t.; 1 Greenl. Ev. = 236-247; 1=20 Peters' R. 356; 1 Root, 383; Whart. Dig. 275; Caryls' R. 88, 126, 143; = Toth. R.=20 177; Peake's Cas. 77 2 Stark. Cas. 274; 4 Wash. C. C. R. 718; 11 Wheat. = 280; 3=20 Yeates, R. 4; 4 Munf. R. 273 1 Porter, R. 433; Wright, R. 136; 13 John. = R. 492.=20 As to a confession made to a catholic priest, see 2 N. Y. City Hall Rec. = 77.=20 Vide 2 Ch. Pr. 18-21; Confessor.

CONFIRMATIO CHARTORUM. The name given to a statute passed = during reign=20 of the English king Edward I. 25 Ed. I., c. 6. See Bac. Ab. Smuggling, = B.

CONFIRMATION, contracts, conveyancing. 1 . A contract by which = that=20 which was voidable, is made firm and unavoidable.

2. A species of conveyance.

2. - 1. When a contract has been entered into by a stranger without=20 authority, he in whose name it has been made may, by his own act, = confirm it; or=20 if the contract be made by the party himself in an informal and voidable = manner,=20 he may in a more formal manner confirm and render it valid; and in that = event it=20 will take effect, as between the parties, from the original making. To = make a=20 valid confirmation, the party must be apprised of, his rights, and where = there=20 has been a fraud in the transaction, he must be award of it, and intend = to=20 confirm his contract. Vide 1 Ball & Beatty, 353; 2 Scho. & Lef. = 486; 12=20 Ves. 373; 1 Ves. Jr. 215; Newl. Contr. 496; 1 Atk. 301; 8 Watts. R. = 280.

3. - 2. Lord Coke defines a confirmation of an estate, to be "a = conveyance of=20 an estate or right in esse, whereby a voidable estate is made sure and=20 unavoidable; or where a particular estate is increased."

4. The first part of this definition may be illustrated by the = following=20 case, put by Littleton, 516; where a person lets land to another for the = term of=20 his life, who lets the same to another for forty years, by force of = which he is=20 in possession; if the Iessor for life confirms the estate of the tenant = for=20 years by deed, and afterwards the tenant for life dies, during the term; = this=20 deed will operate as a confirmation of the term for years.. As to the = latter=20 branch of the definition; whenever a confirmation operates by way of = increasing=20 the estate, it is similar in every respect to a release that operates by = way of=20 enlargement, for there must be privity of estate, and proper words of=20 limitation. The proper technical words of a confirmation are, ratify and = confirm; although it is usual and prudent to insert also the words given = and=20 granted. Watk. Prin. Convey. cbap. vii.

5. A confirmation does not strengthen a void estate. Confirmatio est = nulla,=20 ubi donum precedens est invalidum, et ubi donatio nulla est nec valebit=20 confirmatio. For confirmation may make a voidable or defeasible estate = good, but=20 cannot operate on an estate void in law. Co. Litt. 295. The canon law = agrees=20 with this rule, and hence the maxim , qui confirmat nihil dat. Toull. = Dr. Civ.=20 Fr. liv. 3, t. 3, c. 6, n. 476. Vide Vin. Ab. h. t.; Com. Dig. 11. t.; = Ayliffe's=20 Pand. *386; 1 Chit. Pr. 315; 3 Gill & John. 290; 3 Yerg. R. 405; Co. = Litt.=20 295; Gilbert on Ten. 75; 1 Breese's R. 236; 9 Co. 142, a; 2 Bouv. Inst. = n.=20 2067-9.

6. An infant is said to confirm his acts performed during infancy, = when,=20 after coming to full age, be expressly approves of them, or does acts = from which=20 such confirmation way be implied. Sec Ratification.

CONFIRMEE. He to whom a confirmation is made.

CONFIRMOR. He who makes a confirmation to another.

CONIFISCATION. The act by which the estate, goods or chattels = of a=20 person who has been guilty of some crime, or who is a public enemy, is = declared=20 to be forfeited for the benefit of the public treasury. Domat, Droit = Public,=20 liv. 1, tit. 6, s. 2, n. 1. When property is forfeited as a punishment = for the=20 commission of crime, it is usually called a forfeiture. 1 Bl. Com. = 299.

2. It is a general rule that the property of the subjects of an enemy = found=20 in the country may be appropriated by the government, without notice, = unless=20 there be a treaty to the contrary. 1 Gallis. R. 563; 8 Dall. R. 199; N. = Car.=20 Cas. 79. It has been frequently provided by treaty that foreign subjects = should=20 be permitted to remain and continue their business, notwithstanding a = rupture=20 between the governments, so long as they conducted themselves innocently = and=20 when there was no such treaty, such a liberal permission has been = announced in=20 the very declaration of war. Vattel, liv. 3, c. 4, 63. Sir Michael = Poster,=20 (Discourses on High Treason, p. 185, 6, mentions several instances of = such=20 declarations by the king of Great Britain; and he says that aliens were = thereby=20 enabled to acquire personal chattels and to maintain actions for the = recovery of=20 their personal rights, in as full a manner as alien friends. 1 Kent, = Coin.=20 57.

3. In the United States, the broad principle has been assumed "that = war gives=20 to the sovereign full right to take the persons and confiscate the = property of=20 the enemy, wherever found. The mitigations of this rigid rule, which the = policy=20 of modern times has introduced into practice, will more or less affect = the=20 exercise of this right, but cannot impair the right itself." 8 Cranch, = 122-3.=20 Commercial nations have always considerable property in the possession = of their=20 neighbors: and when war breaks out the question, what shall be done with = enemies=20 property found in the country, is one rather of policy than of law, and = is=20 properly addressed to the consideration of the legislature, and not to = courts of=20 law. The strict right of confiscation exists in congress; and without a=20 legislative act authorizing the confiscation of enemies' property, it = cannot be=20 condemned. 8 Cranch, 128, 129. See Chit. Law of Nations, c. 3; Marten's = Law of=20 Nat. lib. 8, c. 3, s. 9; Burlamaqui, Princ. of Pol. Law, part 4, c. 7; = Vattel,=20 liv. 3, c. 4, 63.

4. The claim of a right to confiscate debts, contracted by = individuals in=20 time of peace, and which remain due to subjects of the enemy in time of = war,=20 rests very much upon the same principles as that concerning the enemy's = tangible=20 property, found in the country at the commencement of the war. But it is = the=20 universal practice to forbear to seize and confiscate debts and credits. = 1 Kent,=20 Com. 64, 5; vide 4 Cranch, R. 415 Charlt. 140; 2 Harr. & John. 101, = 112, 471=20 6 Cranch, R. 286; 7 Conn. R. 428: 2 Tayl. R. 115; 1 Day, R. 4; Kirby, R. = 228,=20 291 C. & N. 77, 492.

CONFLICT. The opposition or difference between two judicial=20 jurisdictions, when they both claim the right to decide a cause, or = where they=20 both declare their incompetency. The first is called a positive = conflict, and=20 the, latter a negative conflict.

CONFLICT OF JURISDICTION. The contest between two officers, = who each=20 claim to have cognizance of a particular case.

CONFLICT OF LAWS. This phrase is used to signify that the laws = of=20 different countries, on the subject-matter to be decided, are in = opposition to=20 each other; or that certain laws of the same country are = contradictory.

2. When this happens to be the case, it becomes necessary to decide = which law=20 is to be obeyed. This subject has occupied the attention and talents of = some of=20 the most learned jurists, and their labors are comprised in many = volumes. A few=20 general rules have been adopted on this subject, which will here be = noticed.

3. - 1. Every nation possesses an exclusive sovereignty and = jurisdiction=20 within its own territory. The laws of every state, therefore, affect and = bind=20 directly all property, whether real or personal, within its territory; = and all=20 persons who are resident within it, whether citizens or aliens, natives = or=20 foreigners; and also all contracts made, and acts done within it. Vide = Lex Loci=20 contractus; Henry, For. Law, part 1, c. 1, 1; Cowp. It. 208; 2 Hag. C. = R. 383.=20 It is proper, however, to observe, that ambassadors and other public = ministers,=20 while in the territory of the state to, which they are delegates, are = exempt=20 from the local jurisdiction. Vide Ambassador. And the persons composing = a=20 foreign army, or fleet, marching through, or stationed in the territory = of=20 another state, with whom the foreign nation is in amity, are also exempt = from=20 the civil and criminal jurisdiction of the place. Wheat. Intern. Law, = part 2, c.=20 2, 10; Casaregis, Disc. 136-174 vide 7 Cranch, R. 116.

4. Possessing exclusive authority, with the above qualification, a = state may=20 regulate the manner and circumstances, under which property, whether = real or=20 personal, in possession or in action, within it shall be held, = transmitted or=20 transferred, by sale, barter, or bequest, or recovered or enforced; the=20 condition, capacity, and state of all persons within it the validity of=20 contracts and other acts done there; the resulting rights and duties = growing out=20 of these contracts and acts; and the remedies and modes of administering = justice=20 in all cases. Story, Confl. of Laws, 18; Vattel, B. 2, c. 7, 84, 85; = Wheat.=20 Intern. Law, part 1, c. 2, 5.

5. - 2. A state or nation cannot, by its laws, directly affect or = bind=20 property out of its own territory, or persons not resident therein, = whether they=20 are natural born or naturalized citizens or subjects, or others. This = result=20 flows from the principle that each sovereignty is perfectly independent. = 13=20 Mass. R. 4. To this general rule there appears to be an exception, which = is=20 this, that a nation has a right to bind its own citizens or subjects by = its own=20 laws in every place; but this exception is not to be adopted without = some=20 qualification. Story, Confl. of Laws, 21; Wheat. Intern. Law, part 2, c. = 2,=20 7.

6. - 3. Whatever force and obligation the laws of one, country have = in=20 another, depends upon the laws and municipal regulations of the latter; = that is=20 to say, upon its own proper jurisprudence and polity, and upon its own = express=20 or tacit consent. Huberus, lib. 1, t. 3, 2. When a statute, or the = unwritten or=20 common law of the country forbids the recognition of the foreign law, = the latter=20 is of no force whatever. When both are silent, then the question arises, = which=20 of the conflicting laws is to have effect. Whether the one or the other = shall be=20 the rule of decision must necessarily depend on a variety of = circumstances,=20 which cannot be reduced to any certain rule. No nation will suffer the = laws of=20 another to interfere with her own, to the injury of her own citizens; = and=20 whether they do or not, must depend on the condition of the country in = which the=20 law is sought to be enforced, the particular state of her legislation, = her=20 policy, and the character of her institutions. 2 Mart. Lo. Rep. N. S. = 606. In=20 the conflict of laws, it must often be a matter of doubt which should = prevail;=20 and, whenever a doubt does exist, the court which decides, will prefer = the law=20 of its own country to that of the stranger. 17 Mart. Lo. R. 569, 595, = 596. Vide,=20 generally, Story, Confl. of Laws; Burge, Confl. of Laws; Liverm. on = Contr. of=20 Laws; Foelix, Droit Intern.; Huberus, De Conflictu Leguin; Hertius, de=20 Collisions Legum; Boullenois, Traits de Ia personnalite' et de la = realite de=20 lois, coutumes et statuts, par forme d'observations; Boullenois, = Dissertations=20 sur des questions qui naissent de la contrariete des lois, et des = coutumes.

CONFRONTATION, crim. law, practice. The act by which a witness = is=20 brought in the presence of the accused, so that the latter may object to = him, if=20 he can, and the former may know and identify the accused, and maintain = the truth=20 in his presence. No man can be a witness unless confronted with the = accused,=20 except by consent.

CONFUSION. The concurrence of two qualities in the same = subject, which=20 mutually destroy each other. Potli. Ob. P. 3, c. 5 3 Bl. Com. 405; Story = Bailm.=20 40.

CONFUSION OF GOODS. This takes place where the goods of two or = more=20 persons become mixed together so that they cannot be separated. There is = a=20 difference between confusion and commixtion; in the former it is = impossible,=20 while in the latter it is possible, to make a separation. Bowy. Comm. = 88.

2. When the confusion takes place by the mutual consent of the = owners, they=20 have an interest in the mixture in proportion to their respective = shares. 2 Bl.=20 Com. 405; 6 Hill, N. Y. Rep. 425. But if one willfully mixes his money, = corn or=20 hay, with that of another man, without his approbattion or knowledge, = the law,=20 to guard against fraud, gives the entire property without any account, = to him=20 whose original dominion is invaded land endeavored to be rendered = uncertain,=20 without his cosent. Ib.; and see 2 Johns. Ch. It. 62 2 Kent's Comm. = 297.

3. There may be a case neither of consent nor of wilfulness, in the = confusion=20 of goods; as where a bailee by negligence or unskilfuluess, or = inadvertence,=20 mixes up his own goods of the same sort with those bailed; and there may = be a=20 confusion arising from accident and unavoidable casualty. Now, in the = latter=20 case of accidental intermixture, the rule, following the civil law, = which deemed=20 the property to be held in common, might be adopted; and it would make = no=20 difference whether the mixture produced a thing of the same sort or not; = as, if=20 the wine of two persons were mixed by accident. See Dane's Abr. ch. 76, = art. 5,=20 19.

4. But in cases of mixture by unskilfulness, negligence, or = inadvertence, the=20 true principle seems to be, that if a man having undertaken to keep the = property=20 of another distinct from, mixes it with his own, the whole must, both at = law and=20 in equity, be taken to be the property of the other, until the former = puts the=20 subject under such circumstances, that it may be distinguished as = satisfactorily=20 as it might have been before the unauthorized mixture on his part. 15 = Ves. 432,=20 436, 439, 440; 2 John. Ch. R. 62; Story on Bailm. c. l, 40. And see 7 = Mass. 11.=20 123; Dane's Abr. c. 76, art. 3, 15; Com. Dig. Pleader, 3 M 28; Bac. Ab.=20 Trespass, E 2; 2 Campb. 576; 2 Roll. 566, 1, 15 2 Bul. 323. 2 Cro. 366 , = 2 Roll.=20 393; 5 East, 7; 21 Pick. R. 298.

CONFUSION OF RIGHTS, contracts. When the qualities of debtor = and=20 creditor are united in the same person, there arises a confusion of = rights,=20 which extinguishes the two credits; for instance, when a woman obliges = marries=20 the obligor, the debt is extinguished. 1 Salk. 306; Cro. Car. 551; 1 Ld. = Raym.=20 515; Ca. Ch. 21, 117. There is, however, an excepted case in relation to = a bond=20 given by the husband to the wife; when it is given to the intended wife = for a=20 provision to take effect after his death. 1 Ld. Raym. 515; 5 T. R. 381; = Hut. 17=20 Hob. 216; Cro. Car. 376; 1 Salk. 326 Palm. 99; Carth. 512; Com. Dig. = Baron &=20 Feme, D. A further exception is the case of a divorce. If one be bound = in an=20 obligation to a feme sole and then marry her, and afterwards they are = divorced,=20 she may sue her former husband on the obligation, notwithstanding, her = action=20 was in suspense during the marriage. 26 H. VIII. 1.

2. Where a person possessed of an estate, becomes in a different = right=20 entitled to a charge upon the estate; the charge is in general merged in = the=20 estate, and does not revive in favor of the personal representative = against the=20 heir; there are particular exceptions, as where the person in whom the = interests=20 unite is a minor, and can therefore dispose of the personalty, but not = of the=20 estate; but in the case of a lunatic the merger and confusion was ruled = to have=20 taken place. 2 Ves. jun. 261. See Louis. Code, art. 801 to 808; 2 Ld. R. = 527; 3=20 L. R. 552 4 L. R. 399, 488. Burge on Sur. Book 2, c. 11, p. 253.

CONGE'. A French word which signifies permission, and is = understood in=20 that sense in law. Cunn. Diet. h. t. In the French maritime law, it is a = species=20 of passport or permission to navigate, delivered by public authority. It = is also=20 in the nature of a clearance. (q. v.) Bouch. Inst. n. 812; Repert. de la = Jurisp.=20 du Notoriat, by Rolland de Villargues. Conge'.

CONGEABLE, Eng. law. This word is nearly obsolete. It is = derived from=20 the French conge', permission, leave; it signifies that a thing is = lawful or=20 lawfully done, or done with permission; as entry congeable, and the = like. Litt.=20 s. 279.

CONGREGATION. A society of a number of persons who compose an=20 ecclesiastical body. In the ecclesiastical law this term is used to = designate=20 certain bureaux at Rome, where ecclesiastical matters are attended to. = In the=20 United States, by congregation is meant the members of a particular = church, who=20 meet in one place worsbip. See 2 Russ. 120.

CONGRESS. This word has several significations. 1. An assembly = of the=20 deputies convened from different governments, to treat of peace or of = other=20 political affairs, is called a congress.

2. - 2. Congress is the name of the legislative body of the United = States,=20 composed of the senate and house of representatives. Const. U. S. art. = 1,s.=20 1.

3. Congress is composed of two independent houses. 1. The senate and, = 2. The=20 house of representatives.

4.- 1. The senate is composed of two senators from each state, chosen = by the=20 legislature thereof for six years, and each senator has one vote. They = represent=20 the states rather than the people, as each state has its equal voice and = equal=20 weight in the senate, witliout any regard to the disparity of = population, wealth=20 or dimensions. The senate have been, from the first formation of the = government,=20 divided into three classes; and the rotation of the classes was = originally=20 determined by lots, and the seats of one class are vacated at the end of = the=20 second year, and one-third of the senate is chosen every second year. = Const. U.=20 S. art 1, s. 3. This provision was borrowed from a similar one in some = of the=20 state constitutions, of which Virginia gave the first example.

5. The qualifications which the constitution requires of a senator, = are, that=20 he should be thirty years of age, have been nine years a citizen of the = United=20 States, and, when elected, be an inhabitant of that state for which he = shall be=20 chosen. Art. 1, s. 3.

6.-2. The house of representatives is composed of members chosen = every second=20 year by the people of the several states, who are qualified electors of = the most=20 numerous branch of the legislature of the state to which they = belong.

7. No person can be a representative until he has attained the age of = twenty-five years, and has been seven years a citizen of the United = States, and=20 is, at the time of his election, an inhabitant of the state in which he = is=20 chosen. Const. U. S. art. 1, 2.

8. The constitution requires that the representatives and direct = taxes shall=20 be apportioned among the several states, which may be included within = this=20 Union, according to their respective numbers, which shall be determined = by=20 adding to the whole number of free persons, including those bound to = service for=20 a term of years, and excluding Indians not taxed, three-fifths of all = other=20 persons. Art. 1, s. 1.

9. The number of representatives shall not exceed one for every = thirty=20 thousand, but each state shall have at least one representative. Ib.

10. Having shown how congress is constituted, it is proposed here to = consider=20 the privileges and powers of the two houses, both aggregately and=20 separately.

11. Each house is made the judge of the election, returns, and = qualifications=20 of its own members. Art. 1, s. 5. As each house acts in these cases in a = judicial character, its decisions, like the decisions of any other court = of=20 justice, ought to be regulated by known principles of law, and strictly = adhered=20 to, for the sake of uniformity and certainty. A majority of each house = shall=20 constitute a quorum to do business but a smaller number may adjourn from = day to=20 day, and may be authorized to compel the attendance of absent members, = in such=20 manner, and under such penalties, as, each may provide. Each house may = determine=20 the rules of its proceedings; punish its members for disorderly = behaviour; and,=20 with the concurrence of two-thirds, expel a member. Each house is bound = to keep=20 a journal of its proceedings, and from time to time, publish the same, = excepting=20 such parts as may, in their judgment, require secrecy; and to enter the = yeas and=20 nays on the journal, on any question, at the desire of one-fifth of the = members=20 present. Art. 1, s. 5.

12. The members of both houses are in all cases, except treason, = felony, and=20 breach of the peace, privileged from arrest during their attendance at = the=20 session of their respective houses, and in going to, and returning from = the=20 same. Art. 1, s. 6.

13. These privileges of the two houses are obviously necessary for = their=20 preservation and character; And, what is still more important to the = freedom of=20 deliberation, no member can be questioned in any other place for any = speech or=20 debate in either house. lb.

14. There is no express power given to either house to punish for = contempts,=20 except when committed by their own members, but they have such an = implied power.=20 6 Wheat. R. 204. This power, however, extends no further than = imprisonment, and=20 that will continue no farther than the duration of the power that = imprisons. The=20 imprisonment will therefore terminate with the adjournment or = dissolution of=20 congress.

15. The house of representatives has the exclusive right of = originating bills=20 for raising revenue, and this is the only privilege that house enjoys in = its=20 legislative character, which is not shared equally with the other; and = even=20 those bills are amendable by the senate in its discretion. Art. 1, s. = 7.

16. The two houses are an entire and perfect check upon each other, = in all=20 business appertaining to legislatiou and one of them cannot even = adjourn, during=20 the session of congress, for more than three days, without the consent = of the=20 either nor to any other place than that in which the two houses shall be = sitting. Art. 1, s. 5.

17. The powers of congress extend generally to all subjects of a = national=20 nature. Congress are authorized to provide for the common defence and = general=20 welfare; and for that purpose, among other express grants, they have the = power=20 to lay and collect taxes, duties, imposts and excises; to borrow money = on the=20 credit of the United States; to regulate commerce with foreign nations, = and=20 among the several states, and with the Indians; 1 McLean R. 257; to = establish=20 all uniform rule of naturalization, and uniform laws of bankruptcy = throughout=20 the United States; to establish post offices and post roads; to promote = the=20 progress of science and the useful arts, by securing for a limited time = to=20 authors and inventors, the exclusive right to their respective writings = and=20 discoveries; to constitute tribunals inferior to the supreme court; to = define=20 and punish piracies on the high seas, and offences against the laws of = nations;=20 to declare war; to raise and support armies; to provide and maintain a = navy; to=20 provide for the calling forth of the militia; to exercise exclusive = legislation=20 over the District of Columbia; and to give full efficacy to the powers = contained=20 in the constitution.

18. The rules of proceeding in each house are substantially the same; = the=20 house of representatives choose their own speaker; the vice-president of = the=20 United States is, ex officio, president of the senate, and gives the = casting=20 vote when the members are equally divided. The proceedings and = discussions in=20 the two houses are generally in public.

19. The ordinary mode of passing laws is briefly this; one day's = notice of a=20 motion for leave to bring in a bill, in cases of a general nature, is = required;=20 every bill must have three readings before it is passed, and these = readings must=20 be on different days; and no bill can be committed and amended until it = has been=20 twice read. In the house of representatives, bills, after being twice = read, are=20 committed to a committee of the whole house, when a chairman is = appointed by the=20 speaker to preside over the committee, when the speaker leaves the = chair, and=20 takes a part in the debate as an ordinary member.

20. When a bill has passed one house, it is transmitted, to tho = other, and=20 goes through a similar form, though in the senate there is less = formality, and=20 bills are often committed to a select committee, chosen by ballot. If a = bill be=20 altered or amended in the house to which it is transmitted, it is then = returned=20 to the house in which it orignated, and if the two houses cannot agree, = they=20 appoint a committee to confer on the subject See Conference.

21. When a bill is engrossed, and has received the sanction of both = houses,=20 it is sent to the president for his approbation. If he approves of the = bill, he=20 signs it. If he does not, it is returned, with his objections, to the = house in=20 which it originated, and that house enters the objections at large on = their=20 journal, and proceeds to re-consider it. If, after such = re-consideration,=20 two-thirds of the house agree to pass the bill, it is sent, together = with the=20 objections, to the other house, by which it is likewise re-considered, = and if=20 approved by two-thirds of that house, it becomes a law. But in all such = cases,=20 the votes of both houses are determined by yeas and nays; and the names = of the=20 persons voting for and against the bill, are to be entered on the = journal of=20 each house respectively.

22. If any bill shall not be returned by the president within ten = days=20 (Sundays excepted) after it shall have been presented to him, the same = shall be=20 a law, in like manner as if he had signed it, unless the congress, by = their=20 adjournment, prevent its return; in which case it shall not be a law. = Art. 1, s.=20 7. See House of Representatives; President; Senate; Veto; Kent, Com. = Lecture=20 xi.; Rawle on the Const. ch. ix.

CONGRESS, med. juris. This name was anciently given in France, = England, and other countries, to the-indecent intercourse between = married=20 persons, in the presence of witnesses appointed by the courts, in cases = when the=20 husband or wife was charged by the other with impotence. Trebuchet, = Jurisp. de=20 Med. 101 Dictionnaire des Sciences Medicales, art. Congres, by Marc.

CONJECTURE. Conjectures are ideas or notions founded on = probabilities=20 without any demonstration of their truth. Mascardus has defined = conjecture:=20 "rationable vestigium latentis veritatis, unde nascitur opinio = sapientis;" or a=20 slight degree of credence arising from evidence too weak or too remote = to=20 produce belief. De Prob. vol. i. quoest. 14, n. 14. See Dict. de = Trevoux, h. v.;=20 Denisart, h. v.

CONJOINTS. Persons married to each other. Story, Confl. of L. = 71;=20 Wolff. Dr. de la Nat. 858.

CONJUGAL. Matrimonial; belonging, to marriage as, conjugal = rights, or=20 the rights which belong to the husband or wife as such.

CONJUNCTIVE, contracts, wills, instruments. A term in grammar = used to=20 designate particles which connect one word to another, or one = proposition to=20 another proposition.

2. There are many cases in law, where the conjunctive and is used for = the=20 disjunctive or, and vice versa.

3. An obligation is conjunctive when it contains several things = united by a=20 conjunction to indicate that they are all equally the object of the = matter or=20 contract for example, if I promise for a lawful consideration, to = deliver to you=20 my copy of the Life of Washington, my Encyclopaedia, and my copy of the = History=20 of the United States, I am then bound to deliver all of them and cannot = be=20 discharged by delivering one only. There are, according to Toullier, = tom. vi. n.=20 686, as many separate obligations Is there are things to be delivered, = and the=20 obligor may discharge himself pro tanto by delivering either of them, or = in case=20 of refusal the tender will be valid. It is presumed, however, that only = one=20 action could be maintained for the whole. But if the articles in the = agreement=20 had not been enumerated; I could not, according to Toullier, deliver one = in=20 discharge of my contract, without the consent of the creditor; as if, = instead of=20 enumerating the, books above mentioned, I had bound myself to deliver = all my=20 books, the very books in question. Vide Disjunctive, Item, and the case, = there=20 cited; and also, Bac. Ab. Conditious, P; 1 Bos. & Pull. 242; 4 Bing. = N. C.=20 463 S. C. 33 E. C. L. R. 413; 1 Bouv. Inst. n. 687-8.

CONJURATION. A swearing together. It signifies a plot, = bargain, or=20 compact made by a number of persons under oath, to do some public harm. = In times=20 of ignorance, this word was used to signify the personal conference = which some=20 persons were supposed to have had with the devil, or some evil spirit, = to know=20 any secret, or effect any purpose.

CONNECTICUT. The name of one of the original states of the = United=20 States of America. It was not until the year 1665 that the territory now = known=20 as the state of Connecticut was united under one government. The charter = was=20 granted by Charles II. in April, 1662, but as it included the whole = colony of=20 New Haven, it was not till 1665 that the latter ceased its resistance, = when both=20 the colony of Connecticut and that of New Haven agreed, and then they = were=20 indissolubly united, and have so remained. This charter, with the = exception of a=20 temporary suspension, continued in force till the American revolution, = and=20 afterwards continued as a fundamental law of the state till the year = 1818, when=20 the present constitution was adopted. 1 Story on the Const. 86-88.

2. The constitution was adopted on the fifteenth day of September, = 1818. The=20 powers of the government are divided into three distinct departments, = and each=20 of them confided to a separate magistracy, to wit: those which are = legislative,=20 to one; those which are executive to another; and those which are = judicial to a=20 third. Art. 2.

3. - 1st. The legislative power is vested in two distinct houses or = branches,=20 the one styled the senate, and the other the house of representatives, = and both=20 together the general assembly. 1. The senate consists of twelve members, = chosen=20 annually by the electors. 2. The house of representatives consists of = electorr=20 residing in towns from which they are elected. The number of = representatives is=20 to be the same as at present practised and allowed; towns which may be = hereafter=20 incorporated are to be entitled to one representative only.

4. - 2d. The executive power is vested in a governor and = lieutenant-governor.=20 1. The supreme executive power of the state is vested in a governor, = chosen by=20 the electors of the state; he is to hold his office for one year from = the first=20 Wednesday of May, next succeeding his election, and until his successor = be duly=20 qualified. Art. 4, s. 1. The governor possesses the veto power, art. 4, = s. 12.=20 2. The lieutenant-governor is elected immediately after the election of=20 governor, in the same manner as is provided for the election of = governor, who=20 continues in office the same time, and is to possess the same = qualifications as=20 the governor. Art. 4, s. 3. The lieutenant-governor, by virtue of his = office, is=20 president of the senate; and in case of the death, resignation, refusal = to=20 serve, or removal from office of the governor, or of his impeachment or = absence=20 from the state, the lieutenant-governor exercises all the powers and = authority=20 appertaining to the office of governor, until another be chosen, at the = next=20 periodical election for governor, and be duly qualified; or until the = governor,=20 impeached or absent, shall be acquitted or return. Art. 4, s. 14.

5. - 3d. The judicial, power of the state is vested in a supreme = court of=20 errors, a superior court, and such inferior courts as the general = assembly may,=20 from time to time, ordain and establish; the powers of which courts = shall be=20 defined. A sufficient number of justices of the peace, with such = jurisdiction,=20 civil and criminal, as the general assembly may prescribe, are to be = appointed=20 in each county. Art. 5.

CONNIVANCE. An agreement or consent, indirectly given, that = something=20 unlawful shall be done by another.

2. The connivance of the husband to his wife's prostitution deprives = him of=20 the right of obtaining a divorce; or of recovering damages from the = seducer. 4=20 T. R. 657. It may be satisfactorily proved by implication.

3. Connivance differs from condonation, (q. v.) though either may = have the=20 same legal consequences. Connivance necessarily involves criminality on = the part=20 of the individual who connives, condonation may take place without = implying the=20 slightest blame to the party who forgives the injury.

4. Connivance must be the act of the mind before the offence has been = committed; condonation is the result of a determination to forgive an = injury=20 which was not known until after it was inflicted. 3 Hagg. Eccl. R. = 350.

5. Connivance differs, also, from collusion (q. Y.); the former is = generally=20 collusion. for a particular purpose, while the latter may exist without=20 connivance. 3 Hagg, Eccl. R. 130. Vide Shelf. on Mar. & Div. 449; 3 = Hagg. R.=20 82; 2 Hagg. R. 376; Id. 278; 3 Hagg. R. 58, 107, 119, 131, 312; 3 Pick. = R. 299;=20 2 Caines, 219; Anth. N.P. 196.

CONQUEST, feudal law. This term was used by the feudists to = signify=20 purchase.

CONQUEST, international law. The acquisition of the = sovereignty of a=20 country by force of arms, exercised by an independent power which = reduces the=20 vanquished to the submission of its empire.

2. It is a general rule, that where conquered countries have laws of = their=20 own, these laws remain in force after the conquest, until they are = abrogated,=20 unless they are contrary to our religion, or enact any malum in se. In = all such=20 cases the laws of the conquering country prevail; for it is not to be = presumed=20 that laws opposed to religion or sound morals could be sanctioned. 1 = Story,=20 Const. 150, and the cases there cited.

3. The conquest and military occupation of a part of the territory of = the=20 United States by a public enemy, renders such conquered territory, = during such=20 occupation, a foreign country with respect to the revenue laws of the = United=20 States. 4 Wheat. R. 246; 2 Gallis. R. 486. The people of a conquered = territory=20 change theirallegiance, but, by the modern practice, their relations to = each=20 other, and their rights of property, remain the same. 7 Pet. R. 86.

4. Conquest does not, per se, give the conqueror plenum dominium et = utile,=20 but a temporary right of possession and government. 2 Gallis. R. 486; 3 = Wash. C.=20 C. R. 101. See 8 Wheat. R. 591; 2 Bay, R. 229; 2 Dall. R. 1; 12 Pet. = 410.

5. The right which the English government claimed over the territory = now=20 composing the United States, was not founded on conquest, but discovery. = Id.=20 152, et seq.

CONQUETS, French law. The name given to every acquisition = which the=20 husband and wife, jointly or severally, make during the conjugal = community.=20 Thus, whatever is acquired by the husband and wife, either by his or her = industry or good fortune, enures to the extent of one-half for the = benefit of=20 the other. Merl. Rep. mot Conquet; Merl. Quest. mot Conquet. In = Louisiana, these=20 gains are called aquets. (q. v.) Civ. Code of Lo. art. 2369.

CONSANGUINITY The relation subsisting among all the different = persons=20 descendiug from the same stock, or common ancestor. Vaughan, 322, 329; 2 = Bl.=20 Com. 202 Toull. Dr. Civ.. Fr. liv. 3, t. 1, ch. n 115 2 Bouv. Inst. n. = 1955, et=20 seq.

2. Some portion of the blood of the common ancestor flows through the = veins=20 of all his descendants, and though mixed with the blood flowing from = many other=20 families, yet it constitutes the kindred or alliance by blood between = any two of=20 the individuals. This relation by blood is of two kinds, lineal and=20 collateral.

3. Lineal consanguinity is that relation which exists among persons, = where=20 one is descended from the other, as between the son and the father, or = the=20 grandfather, and so upwards in a direct ascending line; and between the = father=20 and the son, or the grandson, and so downwards in a direct descending = line.=20 Every generation in this direct course males a degree, computing either = in the=20 ascending or descending line. This being the natural mode of computing = the=20 degrees of lineal, consanguinity, it has been adopted by the civil, the = canon,=20 and the common law.

4. Collateral consanguinity is the relation subsisting among persons = who=20 descend from the same commnon ancestor, but not from each other. It is = essential=20 to constitute this relation, that they spring from the same common root = or=20 stock, but in different branches. The mode of computing the degrees is = to=20 discover the common ancestor, to begin with him to reckon downwards, and = the=20 degree the two persons, or the more remote of them, is distant from the=20 ancestor, is the degree of kindred subsisting between them. For = instance, two=20 brothers are related to each other in the first degree, because from the = father=20 to each of them is one degree. An uncle and a nephew are related to each = other=20 in tho second degree, because the nephew is two degrees distant from the = common=20 ancestor, and the rule of computation is extended to the remotest = degrees of=20 collateral relationship. This is the mode of computation by the common = and canon=20 law. The method of computing by the civil law, is to begin at either of = the=20 persons in questian and count up to the common ancestor, and then = downwards to=20 the, other person, calling it a degree for each person, both ascending = and=20 descending, and the degrees they stand from each other is the degree in = which=20 they stand related. Thus, from a nephew to his father, is one degree; to = the=20 grandfather, two degrees and then to the uncle, three; which points out = the=20 relationship.

5. The following table, in which the Roman numeral letters express = the=20 degrees by the civil law, and those in Arabic figures at the bottom, = those by=20 the common law, will fully illustrate the subject. = 

=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=
=B8=D8
-          IV.       -
-Great grand-father's-
-        father      -
-           4        -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1\
	    -           \
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=
=D8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8
-          III.      -   -      V.         -
- Great grand-father -   -Great grand-uncle-
-           3.       -   -                 -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=C1=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1
            -          \
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=
=D8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8
-          II.       -   -        IV.     -
-    Grand father    -   -   Great uncle. -
-          2.        -   -         3      -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=C1=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1
            -	        \                   \
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=
=D8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=D8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8
-           I.       -   -      III.      -   -	      V.        -
-        Father      -   -     Uncle.     -   -Great Uncle's son-
-           1.       -   -       2.       -   -       3.        -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=C1=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=C1=B8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1
            -	      \		          \			\
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=D8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=B8=D8=B8=B8=B8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=B8=D8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=
=B8=B8=D8
-                 -   -       II.     -    -      IV.      -    -     =
VI.    -
-Intestate person -   -     Brother   -    - Cousin german -    - 2nd. =
Cousin-
-    proposed.    -   -        1      -    -       2       -    -      3 =
    -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=C1=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=B8=C1=B8=B8=B8=B8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=B8=C1=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=
=B8=C1
            - 						     \
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C8=B8=B8=B8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=D8=B8=B8=B8=B8=D8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=
=B8=B8=D8
-           I.       -                     -      III.    -    -      V. =
    -
-          Son.      -                     -     Nephew   -    -Son of =
Cousin-
-           1.       -                     -       2      -    -    =
german 3 -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1          =
           =
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1=B8=B8=B8=B8=C1=B8=B8=B8=B8=B8=
=B8=B8=B8=B8=B8=B8=B8=B8=C1
            -						  \
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8       =
                             =
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8
-          II.       -					  -        IV.       -
-       Grandson.    -					  -Son of Nephew or  -
-          2.        -					  -brother's grandson-
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1					  -  =
       3        -
            -						  =
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1
=C8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=D8
-          III.      -
-  Great grandson.   -
-           3.       -
=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=B8=C1

6. The mode of the civil law is preferable, for it points out the = actual=20 degree of kindred in all cases; by the mode adopted by the common law, = different=20 relations may stand in the same degree. The uncle and nephew stand = related in=20 the second degree by the common law, and so are two first cousins, or = two sons=20 of two brothers; but by the civil law the uncle and nephew are in the = third=20 degree, and the cousins are in the fourth. The mode of computation, = however, is=20 immaterial, for both will establish the same person to be the heir. 2 = Bl. Com.=20 202; 1 Swift's Dig. 113; Toull. Civ. Fr. liv. 8, t. 1, o. 3, n. 115. = Vide=20 Branch; Degree; Line.

CONSCIENCE. The moral sense, or that capacity of our mental=20 constitution, by which we irresistibly feel the difference between right = and=20 wrong.

2. The constitution of the United States wisely provides that "no = religious=20 test shall ever be required." No man, then, or body of men, have a right = to=20 control a man's belief or opinion in religious matters, or to forbid the = most=20 perfect freedom of inquiry in relation to them, by force or threats, or = by any=20 other motives than arguments or persuasion. Vide Story, Const. = 1841-1843.

CONSENSUAL, civil law. This word is applied to designate one = species=20 of contract known in the civil laws; these contracts derive their name = from the=20 consent of the parties which is required in their formation, as they = cannot=20 exist without such consent.

2. The contract of sale, among the civilians, is an example of a = consensual=20 contract, because the moment there is an agreement between the seller = and the=20 buyer as to the thing and the price, the vendor and the purchaser have=20 reciprocal actions On the contrary, on a loan, there is no action by the = lender=20 or borrower, although there may have been consent, until the thing is = delivered=20 or the money counted. This is a real contract in the sense of the civil = law.=20 Lec. El. Dr: Rom. 895; Poth. Ob. pt. 1, c. 1, s. 1, art. 2; 1 Bell's = Com. (5th=20 ed.) 435. Vide Contract.

CONSENT. An agreement to something proposed, and differs from = assent.=20 (q. v.) Wolff, Ins. Nat. part 1, SSSS 27-30; Pard. Dr. Com. part 2, tit. = 1, n.=20 1, 38 to 178. Consent supposes, 1. a physical power to act; 2. a moral = power of=20 acting; 3. a serious, determined, and free use of these powers. Fonb. = Eq. B; 1,=20 c. 2, s. 1; Grot. de Jure Belli et Pacis, lib. 2, c. 11, s. 6.

2. Consent is either express or implied. Express, when it is given = viva voce,=20 or in writing; implied, when it is manifested by signs, actions, or = facts, or by=20 inaction or silence, which raise a presumption that the consent has been = given.

3. - 1. When a legacy is given with a condition annexed to the = bequest,=20 requiring the consent of executors to the marriage of the legatee, and = under=20 such consent being given, a mutual attachment has been suffered to grow = up, it=20 would be rather late to state terms and conditions on which a marriage = between=20 the parties should take place;. 2 Ves. & Beames, 234; Ambl. 264; 2 = Freem.=20 201; unless such consent was obtained by deceit or fraud. 1 Eden, 6; 1 = Phillim.=20 200; 12 Ves. 19.

4. - 2. Such a condition does not apply to a second marriage. 3 Bro. = C. C.=20 145; 3 Ves. 239.

5. - 3. If the consent has been substantially given, though not modo = et=20 forma, the legatee will be held duly entitled to the legacy. 1 Sim. = & Stu.=20 172; 1 Meriv. 187; 2 Atk. 265.

6. - 4. When trustees under a marriage settlement are empowered to = sell "with=20 the consent of the husband and, wife," a sale made by the trustees = without the=20 distinct consent of the wife, cannot be a due execution of their power. = 10 Ves.=20 378.

7. - 5. Where a power of sale requires that the sale should be with = the=20 consent of certain specified individuals, the fact of such consent = having been=20 given, ought to be evinced in the manner pointed out by the creator of = the=20 power, or such power will not be considered as properly executed. 10 = Ves. 308.=20 Vide, generally, 2 Supp. to Ves. jr. 161, 165, 169; Ayliffe's Pand. 117; = 1 Rob.=20 Leg.. 345, 539.

8. - 6. Courts of equity have established the rule, that when the = true owner=20 of property stands by, and knowingly suffers a stranger to sell the same = as his=20 own, without objection, this will be such implied consent as to render = the sale=20 valid against the true owner. Story on Ag. 91 Story on Eq. Jur. 385 to = 390. And=20 courts of law, unless restrained by technical formalities, act upon the=20 principles of justice; as, for example, when a man permitted, without = objection,=20 the sale of his goods under an execution against another person. 6 = Adolph. &=20 El 11. 469 9 Barn. & Cr. 586; 3 Barn. & Adolph. 318, note.

9. The consent which is implied in every agreement is excluded, 1. By = error=20 in the essentials of the contract; ,is, if Paul, in the city of = Philadelphia,=20 buy the horse of Peter, which is in Boston, and promise to pay one = hundred=20 dollars for him, the horse at the time of the sale, unknown to either = party,=20 being dead. This decision is founded on the rule that he who consents = through=20 error does not consent at all; non consentiunt qui errant. Dig. 2, 1, = 15; Dig.=20 lib. 1, tit. ult. 1. 116, 2. 2. Consent is excluded by duress of the = party=20 making the agreement.

3. Consent is never given so as to bind the parties, when it is = obtained by=20 fraud. 4. It cannot be given by a person who has no understanding, as an = idiot,=20 nor by one who, though possessed of understanding, is not in law capable = of=20 making a contract, as a feme covert. See Bouv. Inst. Index, h. t.

CONSENT RULE. In the English practice, still adhered to in = some of the=20 states of the American Union, the defendant in ejectment is required to = enter on=20 record that he confesses the lease, entry, and ouster of the plaintiff; = this is=20 called the consent rule.

2. The consent rule contains the following particulars, namely: 1. = The person=20 appearing consents to be made defendant instead of the casual ejector; = 2. To=20 appear at the suit of the plaintiff; and, if the proceedings are by = bill, to=20 file common bail; 3. To receive a declaration in ejectment, and plead = not=20 guilty; 4. At the trial of the case to confess lease, entry, and ouster, = and=20 insist upon his title only; 5. That if at the trial, the party appearing = shall=20 not confess lease, entry, and ouster, whereby the plaintiff shall not be = able to=20 prosecute his suit, such party shall pay to the plaintiff the costs of = the=20 nonpros, and suffer judgment to be entered against the casual ejector; = 6. That=20 if a verdict shall be given for the defendant, or the plaintiff shall = not=20 prosecute his suit for any other cause than the non-confession of lease, = entry,=20 and ouster, the lessor of the plaintiff shall pay costs to the = defendant; 7.=20 When the landlord appears alone, that the plaintiff shall be at liberty = to sign=20 judgment immediately against the casual ejector, but that execution = shall be=20 stayed until the court shall further order. Adams, Ej. 233, 234 and for = a form=20 see Ad. Ej. Appx. No. 25. Vide 2 Cowen, 442; 4 John. R. 311; Caines' = Cas. 102;=20 12 Wend. 105, 3 Cowen, 356; 6 Cowen, 587; 1 Cowen, 166; and Casual = Ejector;=20 Ejectment.

CONSEQUENTIAL DAMAGES, torts. Those damages or those losses = which=20 arise not from the immediate act of the party, but in consequence of = such act;=20 as if a man throw a log into the public streets, and another fall upon = it and=20 become injured by the fall or if a man should erect a dam over his own = ground,=20 and by that means overflow his neighbor's, to his injury.

2. The form of action to be instituted for consequential damages = caused=20 without force, is by action on the case. 3 East, 602; 1 Stran. 636; 5 T. = R. 649;=20 5 Vin. Ab. 403; 1 Chit. Pl. 127 Kames on Eq. 71; 3 Bouv. Inst. n. 3484, = et seq.=20 Vide Immediate.

CONSERVATOR. A preserver, a protector.

2. Before the institution of the office of justices of the peace in = England,=20 the public order was maintained by officers who bore the name of = conservators of=20 the peace. All judges, justices, sheriffs and constables, are = conservators of=20 the peace, and are bound, ex officio, to be aiding and assisting in = preserving=20 older.

3. In Connecticut, this term is applied to designate a guardian who = has the=20 care of the estate of an idiot. 5 Conn. R. 280.

CONSIDERATIO CURLAE, practice. The judgment of the court. In = pleadings=20 where matters are determined by the court, it is said, therefore it is=20 considered and adjudged by the court ideo consideratum est per = curiam.

CONSIDERATION, contracts. A compensation which is paid, or all = inconvenience suffered by the, party from whom it proceeds. Or it is the = reason=20 which moves the contracting party to enter into the contract. 2 Bl. Com. = 443.=20 Viner defines it to be a cause or occasion meritorious, requiring a = mutual=20 recompense in deed or in law. Abr. tit. Consideration, A. A = consideration of=20 some sort or other, is so absolutely necessary to the forming a good = contract,=20 that a nudum pactum, or an agreement to do or to pay any thing on one = side,=20 without any compensation to the other, is totally void in law, and a man = cannot=20 be compelled to perform it. Dr. & Stud. d. 2, c. 24 3 Call, R. 439 7 = Conn.=20 57; 1 Stew. R. 51 5 Mass. 301 4 John. R. 235; C. Yerg. 418; Cooke, R. = 467; 6=20 Halst. R. 174; 4 Munf. R. 95. But contracts under seal are valid without = a=20 consideration; or, perbaps, more properly speaking, every bond imports = in itself=20 a sufficient consideration, though none be mentioned. 11 Serg. & R. = 107.=20 Negotiable instruments, as bills of exchange and promissory notes, carry = with=20 them prima facie evidence of consideration. 2 Bl. Com. 445.

3. The consideration must be some benefit to the party by whom the = promise is=20 made, or to a third person at his instance; or some detriment sustained = at the=20 instance of the party promising, by the party in whose favor the promise = is=20 made. 4 East, 455; .1 Taunt. 523 Chitty on Contr. 7 Dr. & Stu. 179; = 1 Selw.=20 N. P. 39 , 40; 2 pet. 182 1 Litt. 123; 3 John. 100; 6 Mass. 58 2 Bibb. = 30; 2 J.=20 J. Marsh. 222; 5 Cranch, 142, 150 2 N. H. Rep. 97 Wright, It. 660; 14 = John. R.=20 466 13 S. & R. 29 3 M. Gr. & Sc. 321.

4. Considerations are good, as when they are for natural love and = affection;=20 or valuable, when some benefit arises to the party to whom they are = made, or=20 inconvenience to the party making them. Vin. Abr. Consideration, B; 5 = How. U. S.=20 278; 4 Barr, 364; 3 McLean, 330; 17 Conn. 511; 1 Branch, 301; 8 Ala. = 949.

5. They are legal, which are sufficient to support the contract or = illegal,=20 which render it void. As to illegal considerations, see 1 Hov. Supp. to = Ves. jr.=20 295; 2 Hov. Supp. to Ves. jr. 448; 2 Burr. 924 1 Bl. Rep. 204. If the,=20 performance be utterly impossible, in fact or in law, the consideration = is void.=20 2 Lev. 161; Yelv. 197, and note; 3 Bos. & Pull. 296, n. 14 Johns. R. = 381.

6. A mere moral obligation to pay a debt or perform a duty, is a = sufficient=20 consideration for an express promise, although no legal liability = existed at the=20 time of making such promise. Cowp. 290 Bl. Com. 445 3 Bos. & Pull. = 249,=20 note; 2 East, 506; 3 Taunt. 311; 5 Taunt. 36; 13 Johns. R. 259; Yelv. = 41, b,=20 note; 3 Pick. 207. But it is to be observed, that in such cases there = must have=20 been a good or valuable consideration; for example, every one is under a = moral=20 obligation to relieve a person in distress, a promise to do so, however, = is not=20 binding in law. One is bound to pay a debt which he owes, although he = has been=20 released; a promise to pay such a debt is obligatory in law on the = debtor, and=20 can therefore be enforeed by action. 12 S. & R. 177; 19 John. R. = 147; 4 W.=20 C. C. R. 86, 148; 7 John. R. 26; 14 John. R. 178; 1 Cowen, R. 249; 8 = Mass. R.=20 127. See 7 Conn. R. 57; 1 Verm. R. 420; 5 Verm. R. 173; 5. Ham. R. 58; 3 = Penna.=20 R. 172; 5 Binn. R. 33.

7. In respect of time, a consideration is either, 1st. Executed, or = Something=20 done before the making of the obligor's promise. Yelv. 41, a. n. In = general, an=20 executed consideration is insufficient to support a contract; 7 John. R. = 87; 2=20 Conn. R. 404; 7 Cowen, R. 358; but an executed consideration on request; = 7 John.=20 R. 87 1 Caines R. 584; or by some previous duty, or if the debt be = continuing at=20 the time, or it is barred by some rule of law, or some provision of a = statute,=20 as the act of limitation, it is sufficient to maintain an action. 4 W. = C. C. R.=20 148 14 John. R. 378 17 S. & R. 126. 2d. Executory, or something to = be done=20 after such promise. 3d. Concurrent, as in the case of mutual promises; = and, 4th.=20 A continuing consideration. Chitty on Contr. 16.

8. As to cases where the contract has been set aside on the ground of = a total=20 failure of the consideration, see 11 Johns. R. 50; 7 Mass. 14; 8 Johns. = R. 458;=20 8 Mass. 46 6 Cranch, 53; 2 Caines' Rep. 246 and 1 Camp. 40, n. When the=20 consideration turns out to be false and fails, there is no contract; as, = for=20 example, if my father by his will gives me all his estate, charged with = the=20 payment of a thousand dollars, and I promise to give you my house = instead of the=20 legacy to you, and you agree to buy it with the legacy, and before the = contract=20 is completed, and I make you a deed for the house, I discover that my = father=20 made a codicil to his will and by it be revoked the gift to you' I am = not bound=20 to complete the contract by making you a deed for my house. Poth. on = Oblig. part=20 1, c. 1, art. 3, 6. See, in general, Obligation,, New Promise; Bouv. = Inst.=20 Index. b. t,; Evans' Poth. vol. ii. p. 19; 1 Fonb. Eq. 335; Newl. Contr. = 65; 1=20 Com. Contr. 26; Fell on Guarrant. 337; 3 Chit. Com. Law, 63 to 99; 3 = Bos. &=20 Pull. 249, n; 1 Fonb. Eq. 122, note z; Id. 370, note g; 5 East, 20, n.; = 2 Saund.=20 211, note 2; Lawes Pl. Ass. 49; 1 Com. Dig. Action upon the case upon = Assumpsit,=20 B Vin. Abr. Actions of Assumpsit, Q; Id. tit. Consideration.

CONSIDERATUM EST per curiam. It is considered by the court. = This=20 formula is used in giving judgments. A judgment is the decision or = sentence of=20 the law, given by a court of justice, as the result of proceedings = instituted=20 therein, for the redress of an injury. The language of the judgment is = not,=20 therefore, that " it is decreed," or " resolved," by the court; but that = " it is=20 considered by the court," consideratum est per curiam, that the = plaintiff=20 recover his debt, &c. 3 Bouv. Inst. n. 3298.

CONSIGNATION, contracts. In the civil law, it is a deposit = which a=20 debtor makes of the thing that he owes, into the hands of a third = person, and=20 under the authority of a court of justice. Poth. Oblig. P. 3, c. 1, art. = 8.

2. Generally the consignation is made with a public officer it is = very=20 similar to our practice of paying money into court.

3. The term to consign, or consignation, is derived from the Latin=20 consignare, which signifies to seal, for it was formerly the practice to = seal up=20 the money thus received in a bag or box. Aso & Man. Inst. B. 2, t. = 11, c. 1,=20 5. See Burge on Sur. 138.

CONSIGNEE, contracts. One to whom a consignment is made.

2. When the goods consigned to him are his own, and they have been = ordered to=20 be sent, they are at his risk the moment the consignment is made = according to=20 his direction; and the persons employed in the transmission of the goods = are his=20 agents. 1 Liverm. on Ag, 9. When the goods are not his own, if he accept = the=20 consignment, he is bound to pursue the instructions of the consignor; as = if the=20 goods be consigned upon condition that the consignee will accept the = consignor's=20 bills, he is bound to accept them; Id. 139; or if he is directed to = insure, he=20 must do so. Id. 325.

3. It is usual in bills of lading to state that the goods are to be = delivered=20 to the consignee or his assigns, he or they paying freight; in such case = the=20 consignee or his assigns, by accepting the goods, by implication, become = bound=20 to pay the freight, Abbott on Sh. p. 3, c. 7, 4; 3 Bing. R, 383.

4. When a person acts, publicly as a consignee, there is an implied=20 engagement on his part that he will be vigilant in receiving goods = consigned to=20 his care, so as to make him responsible for any loss which the owner may = sustain=20 in consequence of his neglect. 9 Watts & Serg. 62.

CONSIGINMENT. The goods or property sent by a common carrier = from one=20 or more persons called the consignors, from one place, to one or more = persons,=20 called the consignees, who are in another. By this term ig also = understood the=20 goods sent by one person to another, to be sold or disposed of by the = latter for=20 and on account of the former.

CONSIGNOR, contracts. One who makes a consignment to = another.

2. When goods are consigned to be sold on commission, and the = property=20 remains in the consignor; or when goods have been consigned upon a = credit, and=20 the consignee has become a bankrupt or failed, the consignor has a right = to stop=20 them in transitu. (q. v.) Abbot on Sh. p. 3, c.

3. The consignor is generally liable for the freight or the hire for = the=20 carriage of goods. 1 T. R. 6 5 9.

CONSILIUM, or dies consilii, practice. A time allowed for the = accused=20 to make his defence, and now more commonly used for a day appointed to = argue a=20 demurrer. In civil cases, it is a special day appointed for the purpose = of=20 hearing an argument. Jer. Eq. Jur. 296; 4 Bouv. Inst. n. 3753.

CONSIMILI CASU. These words occur in the Stat. West. 21 C. 24, = 13 Ed.=20 1. wbich gave authority to the clerks in chancery to form new writs in = consimili=20 casu simili remedio indigente sicut prius fit breve. In execution of the = powers=20 granted by this statute, many new writs were formed by the clerk's in = chancery,=20 especially in real actions, as writs of quod permittat prosternere, = against the=20 alienee of land after the erection of a nuisance thereon, according to = the=20 analogy of the assize of nuisance, writs of juris utrum, c. &c. In = respect=20 to personal actions, it has, long been the practice to issue writs in = consimili=20 casu, in the most general form, e. g. in trespass on the case upon = promises,=20 leaving it to the plaintiff to state fully, and at large, his case inthe = declaration the sufficiency of which in point of law is always a = question for=20 the court to consider upon the pleadings and evidence. See Willes, Rep. = 580; 2=20 Lord Ray. 957; 2 Durnf. & East, 51; 2 Wils. 146 17 Serg. & R.. = 195; 3=20 Bl. Com. 51 7 Co. 4; F. N. B. 206; 3 Bouv. Inst. n. 3482.

CONSISTENT. That which agrees with something else; as a = consistent=20 condition, which is one which agrees with all other parts of a contract, = or=20 which can be reconciled with every other part. 1 Bouv. Just. n. 752,

CONSISTORY, ecclesiastical law. An assembly of cardinals = convoked by=20 the pope. The consistory is public or secret. It is vublic, when the = pope=20 receives princes or gives audience to ambassadors; secret, when he fills = vacant=20 sees, proceeds to the canonization of saints, or judges and settles = certain=20 contestations submitted to him.

2. A court which was formerly held among protestants, in which the = bishop=20 presided, assisted by some of his clergy, also bears this name. It is = now held=20 in England, by the bishop's chancellor or commissary, and some other=20 ecclesiastical officers, either in the cathedral, church, or other place = in his=20 diocese, for the determination of ecclesiastical cases arising in that = diocese.=20 Merl. Rep. h. t.; Burns' Dict. h. t.

CONSOLATO DEL MARE, (IL). The name of a code of sea laws = compiled by=20 order of the ancient kings of Aragon. Its date is not very certain, but = it was=20 adopted on the continent of Europe, as the code of maritime law, in the = course=20 of the eleventh, twelfth, and thirteenth centuries. It comprised the = ancient=20 ordinances of the Greek and Roman emperors, and of the kings of France = and=20 Spain; and the laws of the Mediterranean islands, and of Venice and = Genoa. It=20 was originally written in the dialect of Catalonia, as its title plainly = indicates, and it has been translated into every language of Europe. = This code=20 has been reprinted in the second volume of the " Collection de Lois = Maritimes=20 Anterieures au XVIII. Siecle, par J. M. Pardessus, (Paris, 1831)." A = collection=20 of sea laws, which is very complete.

CONSOLIDATION, civil law. The union of the usufruct with the = estate=20 out of which it issues, in the same person which happens when the = usufructuary=20 acquires the estate, or vice versa. In either case the usufruct is = extinct. In=20 the common law this is called a merger. Ley. El. Dr. Rom. 424. U. S. = Dig. tit.=20 Actions, V.

2. Consolidation may take place in two ways: first, by the = usufructuary=20 surrendering his right to the proprietor, which in the common law is = called a=20 surrender; secondly, by the release of the. proprietor of his rights to = the=20 usufructuary, which in our law is called a release.

CONSOLIDATION RULE, practice, com. law. When a number of = actions are=20 brought on the same policy, it is the constant practice, for the purpose = of=20 saving costs, to consolidate them. by a rule of court or judge's order, = which=20 restrains the plaintiff from proceeding to trial in more than one, and = binds the=20 defendants in all the others to abide the event of that one; but this is = done=20 upon condition that the defendant shall not file any bill inequity, or = bring any=20 writ of error for delay. 2 Marsh. Ins. 701. For the history of this = rule, vide=20 Parke on Ins. xlix.; Marsh. Ins. B. 1, c. 1 6, s. 4. And see 1 John. = Cas. 29; 19=20 Wend. 23; 13 Wend. 644 5 Cowen, 282,; 4 Cowen, 78; Id. 85; 1 John. 29; 9 = John.=20 262.

2. The term consolidation seems to be rather misapplied in those = cases, for=20 in point of fact there is a mere stay of proceedings in all those cases = but one.=20 3 Chit. Pr. 644. The rule is now extended to other cases: when several = actions=20 are brought on the same bond against several obligors, an order for a = stay of=20 proceedings in all but one will be made. 3 Chit. Pr. 645 3 Carr. & = P. 58.=20 See 4 Yeates, R. 128 3 S. & R. 262; Coleman, 62; 3 Rand. 481; 1 N. = & M.=20 417, n.; 1 Cow n 89; 3 Wend. 441; 9 Wend. 451; M. 438, 440, n.; 5 Cowen, = 282; 4=20 Halst. 335; 1 Dall. 145; 1 Browne, Appx. lxvii.; 1 Ala. R. 77; 4 Hill, = R. 46; 19=20 Wend. 23 5 Yerg. 297; 7 Miss. 477; 2 Tayl. 200.,

3. The plaintiff may elect to join in the same suit several causes of = action,=20 in many cases, consistently with the rules of pleading, but having done = so, his=20 election is determined. He cannot ask the court to consolidate them; 3 = Serg.=20 & R. 266; but the court will sometimes, at the instance of the = defendant,=20 order it against the plaintiff. 1 Dall. Rep. 147, 355; 1 Yeates, 5; 4 = Yeates,=20 128; 2 Arch. Pr. 180; 3 Serg. & R. 264.

CONSOLS, Eng. law. This is an abbreviation for consolidated = annuities.=20 Formerly when a loan was made, authorized by government, a particular = part of=20 the revenue was appropriated for the payment of the interest and of the=20 principal. This was called the fund, and every loan had its fund. In = this manner=20 the Aggregate fund originated in 1715; the South Sea fund, in 1717; the = General=20 fund, 1617 and the Sinking fund, into which the surplus of these three = funds=20 flowed, which, although destined for the diminution of the national = debt, was=20 applied to the necessities of the government. These four funds were = consolidated=20 into one in the year 1787, under the name of consolidated fund.

2. The income arises from the receipts on account of excise, customs, = stamps,=20 and other, perpetual taxes. The charges on it are the interest on and = the=20 redemption of the public debt; the civil list; the salaries of the = judges and=20 officers of state, and the like.

3. The annual grants on account of the army and navy, and every part = of the=20 revenue which is considered temporary, are excluded from this fund. 4. = Those=20 persons who lent the money to the government, or their assigns, are = entitled to=20 an annuity of three per cent on the amount lent, which, however, is not = to be=20 returned, except at the option of the government so that the holders of = consols=20 are simply annuitants.

CONSORT. A man or woman married. The man is the consort of his = wife,=20 the woman is the consort of her husband.

CONSPIRACY, crim. law, torts. An agreement between two or more = persons=20 to do an unlawful act, or an act which may become by the combination = injurious=20 to others. Formerly this offence was much more circumscribed in its = meaning than=20 it is now. Lord Coke describes it as "a consultation or agreement = between two or=20 more to appeal or indict an innocent person falsely and maliciously, = whom=20 accordingly they cause to be indicted or appealed and afterwards the = party is=20 acquitted by the verdict of twelve men."

2. The crime of conspiracy, according to its modern interpretation, = may be of=20 two kinds, Damely, conspiracies against the public, or such as endanger = the=20 public health, violate public morals, insult public justice, destroy the = public=20 peace, or affect public trade or business. See 3 Burr. 1321.

3. To remedy these evils the guilty persons may be indicted in the = name of=20 the commonwealth. Conspiracies against individuals are such as have a = tendency=20 to injure them in their persons, reputation, or property. The remedy in = these=20 cases is either by indictment or by a civil action.

4. In order to reader the offence complete, there is no occasion that = any act=20 should be done in pursuance of the unlawful agreement entered into = between the=20 parties, or that any one should have been defrauded or injured by it. = The=20 conspiracy is the gist of the crane. 2 Mass. R. 337; Id. 538 6 Mass. R. = 74; 3 S.=20 & R. 220 4 Wend. R. 259; Halst. R. 293 2 Stew. Rep. 360; 5 Harr. = & John.=20 317 8 S. & R. 420. But see 10 Verm. 353.

5. By the laws of the United State's, St. 1825, c. 76, 23, 3 Story's = L. U.=20 S., 2006, a wilful and corrupt conspiracy to cast away, burn or = otherwise=20 destroy any ship or vessel. with intent to injure any underwriter = thereon, or=20 the goods on board thereof, or any lender of money on such vessel, on = bottomry=20 or respondentia, is, by the laws of the United States, made felony, and = the=20 offender punishable by fine not exceeding ten thousand dollars, and by=20 imprisonment and confinement at hard labor, not exceeding ten years.

6. By the Revised Statutes of New York, vol. 2, p. 691, 692, it is = enacted,=20 that if any two or more persons shall conspire, either, 1. To commit any = offence; or, 2. Falsely and maliciously to indict another for any = offence; or,=20 3. Falsely to move or maintain any suit; or, 4. To cheat and defraud any = person=20 of any property, by any means which are in themselves criminal; or, 5. = To cheat=20 and defraud any person of any property, by means which, if executed, = would=20 amount to a cheat, or to obtaining property by false pretences; or, 6. = To commit=20 any act injurious to the public health, to public morals, or to trade = and=20 commerce, or for the perversion or obstruction of justice, or the due=20 administration of the laws; they shall be deemed guilty of a = misdemeanor. No=20 other conspiracies are there punishable criminally. And no agreement, = except to=20 commit a felony upon the person of another, or to commit arson or = burglary,=20 shall be deemed a conspiracy, unless some act besides such agreement be = done to=20 effect the object thereof, by one or more of the parties to such = agreement.

7. When a felony has been committed in pursuance of a conspiracy, the = latter,=20 which is only a misdemeanor, is merged in the former; but when a = misdemeanor=20 only has been committed in pursuance of such conspiracy, the two crimes = being of=20 equal degree, there can be no legal technical merger. 4 Wend. R. 265. = Vide 1=20 Hawk. 444 to 454; 3 Chit. Cr. Law, 1138 to 1193 3 Inst. 143 Com. Dig. = Justices=20 of the Peace, B 107; Burn's Justice, Conspiracy; Williams' Justice, = Conspiracy;=20 4 Chit. Blacks. 92; Dick. Justice Conspiracy, Bac. Ab. Actions on the = Case, G 2=20 Russ. on Cr. 553 to 574 2 Mass. 329 Id. 536 5 Mass. 106 2 D R. 205; = Whart. Dig.=20 Conspiracy; 3 Serg. & Rawle, 220; 7 Serg. & Rawle, 469 4 Halst. = R. 293;=20 5 Harr. & Johns. 317 4 Wend. 229; 2 Stew. R. 360;1 Saund. 230, u. 4. = For the=20 French law, see Merl. Rep. mot Conspiration Code Penal, art. 89.

CONSPIRATORS. Persons guilty of a conspiracy. See 3 Bl. Com. = 126-71=20 Wils. Rep. 210-11. See Conspiracy.

CONSTABLE. An officer, who is generally elected by the = people.

2. He possess power, virture officii, as a conservator of the peace = at common=20 law, and by virtue of various legislative enactments; he. way therefore=20 apprehend a supposed offender without a warrant, as treason, felony, = breach of=20 the peace, and for some misdemeanors Iess than felony, when committed in = his=20 view. 1 Hale, 587; 1 East, P. C. 303 8 Serg. & Rawle, 47. He may = also arrest=20 a supposed offender upon the informatiou of others but he does so at his = peril,=20 unless he can show that a felony has been committed by some person, as = well as=20 the reasonableness of the suspicion that the party arrested is guilty. 1 = Chit.=20 Cr. L. 27; 6 Binn. R. 316; 2 Hale, 91, 92 1 East, P. C. 301. He has = power to=20 call others to his assistance; or he may appoint a deputy to do = ministerial=20 acts. 3 B urr. Rep. 1262.

3. A constable is also a ministerial officer, bound to obey the = warrants and=20 precepts of justices, coroners, and sheriffs. Constables are also in = some states=20 bound to execute the warrants and process of justices of the peace in = civil=20 cases.

4. In England, they have many officers, with more or less power, who = bear the=20 name of constables; as, lord high constable of England, high constable 3 = Burr.=20 1262 head constables, petty constables, constables of castles, = constables of the=20 tower, constables of the fees, constable of the exchequer, constable of = the=20 staple, &c.

5. In some of the cities of the United States there are officers who = are=20 called high constables, who are the principal police officers where they = reside.=20 Vide the various Digests of American Law, h. t.; 1 Chit. Cr. L. 20; 5 = Vin. Ab.=20 427; 2 Phil. Ev. 253 2 Sell. Pr. 70; Bac. Ab. h. t.; Com. Dig. Justices = of the=20 Peace, B 79; Id. D 7; Id, Officer, E 2; Wille. Off. Const.

CONSTABLEWICK. In England, by this word is meant the = territorial=20 jurisdiction of a constable. 5 Nev. & M. 261.

CONSTAT, English law. The name of a certificate, which the = clerk of=20 the pipe and auditors of the exchequer make at the request of any person = who=20 intends to plead or move in the court for the discharge of anything; and = the=20 effect of it is, the certifying what constat (appears) upon record = touching the=20 matter in question.

2. A constat is held to be superior to an ordinary certificate, = because it=20 contains nothing but what is on record. An exemplification under the = great seal,=20 of the enrolment of any letters-patent, is called a constat. Co. Litt. = 225. Vide=20 Exemplification; Inspeximus.

3. Whenever an officer gives a certificate that such a thing appears = of=20 record, it is called a constat; because the officer does not say that = the fact=20 is so, but it appears to be as he certifies. A certificate that it = appears to=20 the officer that a judgment has been entered, &c., is insufficient. = 1 Hayw.=20 410.

CONSTITUENT. He who gives authority to another to act for him. = 1 Bouv.=20 Inst. n. 893.

2. The constituent is bound with whatever his attorney does by virtue = of his=20 authority. The electors of a member of the legislature are his = constituents, to=20 whom he is responsible for his legislative acts.

CONSTITUIMUS. A Latin word which signifies we constitute. = Whenever the=20 king of England is vested with the right of creating a new office, he = must use=20 proper words to do so, for example, erigimus, constituimus, c . Bac. Ab. = Offices, &c. E.

TO CONSTITUTE, contr. To empower, to authorize. In the common = form of=20 letters of attorney, these words occur, I nominate, constitute and = appoint."

CONSTITUTED AUTHORITIES. Those powers which the constitution = of each=20 people has established to govern them, to cause their rights to be = respected,=20 and to maintain tliose of eacli of its members.

2. They arc called constituted, to distinguish them from the = constituting=20 authority which has created or organized them, or has delegated to an = authority,=20 which it has itself created, the right of establishing or regulating = their=20 movements. The officers appointed under the constitution are also = collectively=20 called the constituted authorities. Dall. Dict. mots Contrainte par = corps, n.=20 526.

CONSTITUTION,, government. The fundamental law of the state,=20 containing the principles upon which the government is founded, and = regulating=20 the divisions of the sovereign powers, directing to what persons each of = these=20 powers is to be confided, and the, manner it is to be exercised as, the=20 Constitution of the United States. See Story on the Constitution; Rawle = on the=20 Const.

2. The words constitution and government (q. v.) are sometimes = employed to=20 express the same idea, the manner in which sovereignty is exercised in = each=20 state. Constitution is also the name of the instrument containing the=20 fundamental laws of the state.

3. By constitution, the civilians, and, from them, the common law = writers,=20 mean some particular law; as the constitutions of the emperors contained = in the=20 Code.

CONSTITUTION, contracts. The constitution of a contract, is = the making=20 of the contract as, the written constitution of a debt. 1 Bell's Com. = 332, 5th=20 ed.

CONSTITUTION OF THE UNITED STATES OF AMERICA. The fundamental = law of=20 the United States.

2. It was framed by a convention of the representatives of the = people, who=20 met at Philadelphia, and finally adopted it on the 17th day of = September, 1787.=20 It became the law of the land on the first Wednesday in March, 1789. 5 = Wheat.=20 420.

3. A short analysis of this instrument, so replete with salutary = provisions=20 for insuring liberty and private riglits, and public peace and = prosperity, will=20 here be given.

4. The preamble declares that the people of the United States, in = order to=20 form a more perfect union, establish justice, insure public = tranquillity,=20 provide for the common defence, promote the general welfare, and secure = the=20 blessings of liberty to themselves and their posterity, do ordain and = establish=20 this constitution for the United States of America.

5. - 1. The first article is divided into ten sections. By the first = the=20 legislative power is vested in congress. The second regulates the = formation of=20 the house of representatives, and declares who shall be electors. The = third=20 provides for the organization of the senate, and bestows on it the power = to try=20 impeachments. The fourth directs the times and places of holding = elections and=20 the time of meeting of congress. The fifth determines the power of the=20 respective houses. The sixth provides for a compensation to members of = congress,=20 and for their safety from arrests and disqualifies them from holding = certain=20 offices. The seventh directs the manner of passing bills. The eighth = defines the=20 powers vested in congress. The ninth contains the following provisions: = 1st.=20 That the migration or importation of persons shall not be prohibited = prior to=20 the year 1808. 2d. That the writ of habeas corpus shall not be = suspended, except=20 in particular cases. 3d. That no bill of attainder, or ex post facto = law, shall=20 be passed. 4th. The manner of laying taxes. 5th. The manner of drawing = money out=20 of the treasury. 6th. That no title of nobility shall be granted. 7th. = That no=20 officer shall receive a present from a foreign government. The tenth = forbids the=20 respective states to exercise certain powers there enumerated.

6. - 2. The second article is divided into four sections. The first = vests the=20 executive power in the president of the United States of America, and = provides=20 for his election, and that of the vice-president. The second section = confers=20 various powers on the president. The third defines his duties. The = fourth=20 provides for the impeachment of the president, vice-president, and all = civil=20 officers of the United States.

7. - 3. The third article contains three sections. The first vests = the=20 judicial power in sundry courts, provides for the tenure of office by = the=20 judges, and for their compensation. The second provides for the extent = of the=20 judicial power, vests in the supreme court original jurisdiction in = certain=20 cases, and directs the manner of trying crimes. The third defines = treason, and=20 vests in congress the power to declare its punishment.

8. - 4. The fourth article is composed of four sections. The first = relates to=20 the faith which state records, &c., shall have in other states. The = second=20 secures the rights of citizens in the several states for the delivery of = fugitives from justice or from labor. The third for the admission of new = states,=20 and the government of the territories. The fourth guaranties to every = state in=20 the Union the republican form of government, and protection from = invasion or=20 domestic violence.

9. - 5. The Fifth Article provides for amendments to the = constitution.

10. - 6. The sixth article declares that the debts due under the=20 confederation shall be valid against the United States; that the = constitution=20 and treaties made under its powers shall be the supreme law of the land = that=20 public officers shall be required by oath or affirmation to support the=20 Constitution of the United States that no religious test shall be = required as a=20 qualification for office.

11. - 7. The seventh article directs what shall be a sufficient = ratification=20 of this constitution by the states.

12. In pursuance of the fifth article of the constitution, articles = in=20 addition to, and amendment of, the constitution, were proposed by = congress, and=20 ratified by the legislatures of the several states. These additional = articles=20 are to the following import:

13. - 1. Relates to religious freedom; the liberty of the press; the = right of=20 the people to assemble and petition.

14. - 2. Secures to the people the right to bear arms.

15. - 3. Provides for the quartering of soldiers.

16. - 4. Regulates the right of search, and of arrest on criminal=20 charges.

17. - 5. Directs the manner of being held to answer for crimes, and = provides=20 for the security of the life, liberty and property of the citizens.

18. - 6. Secures to the accused the right to a fair trial by jury.18. = - 6.=20 Secures to the accused the right to a fair trial by jury.

19. - 7. Provides for a trial by jury in civil cases.

20. - 8. Directs that excessive bail shall not be required; nor = excessive=20 fines imposed nor cruel and unusual punishments inflicted.

21. - 9. Secures to the people the rights retained by them.

22.- 10. Secures the rights to the states, or to the people the = rights they=20 have not granted.

23. - 11. Limits the powers of the courts as to suits against one of = the=20 United States.

24. - 12. Points out the manner of electing the president and=20 vice-president.

CONSTITUTIONAL. That which is consonant to, and agrees with = the=20 constitu- tion.

2. When laws are made in violation of the constitution, they are null = and=20 void: but the courts will not declare such a law void unless there = appears to be=20 a clear and unequivocal breach of the constitution. 4 Dall. R. 14; 3 = Dall. R.=20 399; 1 Cranch, R. 137; 1 Binn. R. 415 6 Cranch, R. 87, 136; 2 Hall's Law = Journ.=20 96, 255, 262; 3 Hall's Law Journ. 267; Wheat. Dig. tit. Constitutional = Law; 2=20 Pet. R. 522; 2 Dall. 309; 12 Wheat. R. 270; Charlt. R. 175, .235; 1 = Breese, R.=20 70, 209; 1 Blackf. R. 206 2 Porter, R. 303; 5 Binn. 355; 3 S. & R. = 169; 2=20 Penn. R. 184; 19 John. R. 58; 1 Cowen, R. 550; 1 Marsb. R. 290 Pr. Dec. = 64, 89 2=20 Litt. R. 90; 4 Monr R. 43; 1 South. R. 192; 7 Pick. R. 466; 13 Pick. R. = 60 11=20 Mass. R. 396; 9 Greenl. R. 60; 5 Hayw. R. 271; 1 Harr. & J. 236; 1 = Gill=20 & J. 473; 7 Gill & J. 7; 9 Yerg. 490; 1 Rep. Const. Ct. 267; 3 = Desaus.=20 R. 476; 6 Rand. 245; 1 Chip. R. 237, 257; 1 Aik. R. 314; 3 N. H. Rep. = 473; 4 N.=20 H. Rep. 16; 7 N. H. Rep. 65; 1 Murph. R. 58. See 8 Law Intell. 65, for a = list of=20 decisions made by the supreme court of the United States, declaring laws = to be=20 unconstitutional.

CONSTITUTOR, civil law. He who promised by a simple pact to = pay the=20 debt of another; and this is always a principal obligation. Inst. 4, 6, = 9.

CONSTRAINT. In the civil and Scottish law, by this term is = understood=20 what, in the common law, is known by the name of duress.

2. It is a general rule, that when one is compelled into a contract, = there is=20 no effectual consent, thougb, ostensibly, there is the form of it. In = such case=20 the contract will be declared void.

3. The constraint requisite thus to annul a contract, must be a vis = aut me us=20 qui cadet in constantem virum, such as would shake a man of firmness and = resolution. 3 Ersk. 1, 16; and 4, 1, 26; 1 Bell's Conn. B. 3, part 1, o. = 1, s.=20 1, art. 1, page 295.

CONSTRUCTION, practice. It is defined by Mr. Powell to be "the = drawing=20 in inference by the act of reason, as to the intent of an instrument, = from given=20 circumstances, upon principles deduced from men's general motives, = conduct and=20 action." This definition may, perbaps, not be sufficiently complete, = inasmuch as=20 the term instrument generally implies something reduced into writing, = whereas=20 construction, is equally necessary to ascertain the meaning of = engagements=20 merely verbal. In other respects it appears to be perfectly accurate. = The=20 Treatise of Equity, defines interpretation to be the collection of the = meaning=20 out of signs the most probable. 1 Powell on Con . 370.

2. There are two kinds of constructions; the first, is literal or = strict;=20 this is uniformly the construction given to penal statutes. 1 Bl. Com. = 88; 6=20 Watt's & Serg. 276; 3 Taunt. 377. 2d. The other is liberal, and = applied,=20 usually, to remedial laws, in order to enforce them according to their=20 spirit.

3. In the supreme court of the United States, the rule which has been = uniformly observed " in construing statutes, is to adopt the = construction made=20 by the courts of the country by whose legislature the statute was = enacted. This=20 rule may be susceptible of some modification when applied to British = statutes=20 which are adopted in any of these states. By adopting them, they become = our own,=20 as entirely as if they had been enacted by the legislature of the = state.

4. The received construction, in England, at the time they are = admitted to=20 operate in this couutry - indeed, to the time of our separation from the = British=20 empire - may very properly be considered as accompanying the statutes=20 themselves, and forming an integral part of them. But, however we may = respect=20 the subsequent decisions (and certainly they are entitled to great = respect,) we=20 do not admit their absolute authority. If the English courts vary their=20 construction of a statute, which is common to the two countries, we do = not hold=20 ourselves bound to fluctuate with them. 5 Pet. R. 280.

5. The great object which the law has in all cases, in contemplation, = as=20 furnishing the leading principle of the rules to be observed in the = construction=20 of contracts, is, that justice is to be done between the parties, by = enforcing=20 the performance of their agreement, according to the sense in which it = was=20 mutually understood and relied upon at the time of making it.

6. When the contract is in writing, the difficulty lies only in the=20 construction of the words; when it is to be made out by parol testimony, = that=20 difficulty is augmented by the possible mistakes of the witnesses as to = the=20 words used by the parties; but still, when the evidence is received, it = must be=20 assumed as correct, when a construction is to be put upon it. The = following are=20 the principal rules to be observed in the construction of contracts. = When. the=20 words used are of precise and unambiguous meaning, leading to no = absurdity, that=20 meaning is to be taken as conveying the intention of the parties. But = should=20 there be manifest absurdity in the application of such meaning, to the=20 particular occasion, this will let in construction to discover the true=20 intention of the parties: for example; 1st. When words are manifestly=20 inconsistent with the declared purpose and object of the contract, they = will be=20 rejected; as if, in a contract of sale, the price of the thing sold = should be=20 acknowledged as received, while the obligation of the seller was not to = deliver=20 the commodity. 2 Atk. R. 32. 2d. When words are omitted so as to defeat = the=20 effect of the contract, they will be supplied by the obvious sense and = inference=20 from the context; as, if the contract stated that the seller, for the=20 consideration of one hundred dollars, sold a horse, and the buyer = promised to=20 pay him for the said horse one hundred, the word dollars would be = supplied. 1=20 3d. When the words, taken in one sense, go to defeat the contract, while = they=20 are susceptible of another construction which will give effect to the = design of=20 the parties, and not destroy it, the latter will be preferred. Cowp. = 714.

8. - 2. The plain, ordinary, and popular sense of the words, is to be = preferred to the more unusual, etymological, and recondite meaning or = even to=20 the literal, and strictly grammatical construction of the words, where = these=20 last would lead to any inefficacy or inconsistency.

9. - 3. When a peculiar meaning has been stamped upon the words by = the usage=20 of a particular trade or place in which the contract occurs, such = technical or=20 peculiar meaning will prevail. 4 East, R. 135. It is as if the parties = in=20 framing their contract had made use of a foreign language, which the = court is=20 not bound to understand, but which on evidence of its import, must be = applied. 7=20 Taunt. R. 272; 1 Stark. R. 504. But the expression so made technical and = appropriate, and the usage by which it has become so, must be so clear = that the=20 court cannot entertain a doubt upon the subject. 2 Bos. & P. 164; 3 = Stark.=20 Ev. 1036: 6 T. R. 320. Technical words are to be taken according to = their=20 approved and known use in the trade in which the contract is entered = into, or to=20 wbich it relates, unless they have manifestly been understood in another = sense=20 by the parties. Vide 16 Serg. & R. 126.

10. - 4. The place where a contract has been made, is a most material = consideration in its construction. Generally its validity is to be = decided by=20 the law of the place where it is made; if valid there, it is considered = valid=20 every where. 2 Mass. R. 88; 1 Pet. R. 317 Story, Confl. of Laws, 2; 4 = Cowen's R.=20 410, note; 2 Kent, p. 39, 457, in the notes 3 Conn. R. 253 , 472; 4 = Conn. R.=20 517. Its construction is to be according to the laws of the place where = it is=20 made for example, where a note was given in China, payable eighteen = months after=20 date, without any stipulation as to the amount of interest, the court = allowed=20 the Chinese interest of one per centum per month from the expiration of = the=20 eighteen mouths. 1 Wash. C. C. R. 253 see 12. Mass. R. 4, and the = article=20 Interest for noney.

11. - 5. Previous conversations, and all that passes in the course of = correspondence or negotiation leading to the contract, are entirely = superseded=20 by the written agreement. The parties having agreed to reduce the terms = of their=20 contract to writing, the document is constituted as the only true and = final=20 exposition of their admissions and intentions; and nothing which does = not appear=20 in the written agreement will be considered as a part of the contract. 5 = Co. R.=20 26; 2 B. & C. 634; 4 Taunt. R. 779. But this rule admits of some = exceptions;=20 as, where a declaration is made before a deed is executed, showing the = design=20 with which it was to be executed, in cases of frauds; 1 S. & R. 464; = 10 S.=20 & R. 292; and trusts, though no trust was declared in the writing. 1 = Dall.=20 R. 426; 7 S. & R. 114.

12. - 6. All contracts made in general terms, in the ordinary course = of=20 trade, are presumed to incorporate the usage and custom of the trade to = which=20 they relate. The parties are presumed to know such usages, and not to = intend to=20 exclude them. But when there is a special stipulation in opposition to, = or=20 inconsistent with the custom, that will of course prevail. Holt's R. = 95.

13. - 7 . When there is an ambiguity which impedes the execution of = the=20 contract, it is first, if possible, to be resolved, on a view of the = whole=20 contract or instrument, aided by the admitted views of the parties, and, = if=20 indispensable, parol evidence may be admitted to clear it, consistently = with the=20 words. 1 Dall. R. 426; 4 Dall. R. 34 0; 8 S. & R. 609.

14. - 8. When the words cannot be reconciled with any practicable or=20 consistent interpretation, they are to be considered as not made use of = "=20 perinde sunt ac si scripts non essent."

15. It is the duty of the court to give a construction to all written = instruments; 3 Binn. R. 337; 7 S. & R. 372; 15 S. & R. 100 4 S. = & R.=20 279 8 S. & R. 381; 1 Watts. R. 425; 10 Mass. R. 384; 3 Cranch, R. = 180 3=20 Rand. R. 586 to written evidence 2 Watts, R. 347 and to foreign laws, 1 = Penna.=20 R. 388. For general rules respecting the construction of contracts, see = 2 Bl.=20 Com. 379; 1 Bouv. Inst. n. 658, 669; 2 Com. on Cont. 23 to 28 3 Chit. = Com. Law,=20 106 to 118 Poth. Oblig. P. 1, c. 1, art. 7; 2 Evans' Poth. Ob. 35; Long = on=20 Sales, 106; 1 Fonb. Eq. 145, n. b Id. 440, n. 1; Whart. Dig. Contract, = F; 1=20 Powell on Contr. 370 Shepp. Touchst. c. 5 Louis. Code, art. 1940 to = 1957; Corn.=20 Dig. Merchant, (E 2,) n. j.; 8 Com. Dig. tit. Contract, iv.; Lilly's = Reg. 794;=20 18 Vin. Abr. 272, tit. Reference to Words; 16 Vin. Abr. 199, tit. = Parols; Hall's=20 Dig. 33, 339; 1 Ves. Jun. 210, n.; Vattel, B. 2, c. 17; Chit. Contr. 19 = to 22; 4=20 Kent. Com. 419; Story's Const. 397-456; Ayl. Pa d. B. 1, t. 4; Rutherf. = Inst. B.=20 2, c. 7, 4-11; 20 Pick. 150; 1 Bell's Com. 5th ed. 431; and the = articles,=20 Communings; Evidence; Interpretation; Parol; Pourparler. As to the = construction=20 of wills, see 1 Supp. to Ves. Jr. 21, 39, 56, 63, 228, 260, 273, 275, = 364, 399;=20 1 United States Law Journ. 583; 2 Fonb. Eq. 309; Com. Dig. Estates by = Devise. N=20 1; 6 Cruise's Dig. 171 Whart. Dig. Wills, D. As to the construction, of = Laws,=20 see Louis. Code, art. 13 to 21; Bac. Ab. Statutes, J; 1 Bouv. Inst. n. = 86-90; 3=20 Bin. 858; 4 Bin . 169, 172; 2 S. & R. 195; 2 Bin. 347 Rob. Digest, = Brit.=20 Stat. 370; 7 Term. Rep. 8 2 Inst. 11, 136; 3 Bin. 284-5; 3 S. & R. = 129; 1=20 Peere Wms. 207; 3 Burr. Rep. 1755-6; 3 Yeates, 108; 11 Co. 56, b; 1 = Jones 26; 3=20 Yeates, 113 117, 118, 120; Dwarris on Statutes.

16. The following words and phrases have received judicial = construction in=20 the cases referred to. The references may be useful to the student and=20 convenient to the practitioner. 

A and his associates. 2 =
Nott.& M'Cord, 400.
A B, agent. 1 Breese's R. 172.
A B, (seal) agent for C D. 1 Blackf. R. 242.
A case. 9 Wheat. 738.
A piece of land. Moor. 702; S. C. Owen, 18.
A place called the vestry. 3 Lev. R. 96; 2 Ld. Raym. 1471.
A slave set at liberty. 3 Conn. R. 467.
A true bill. I Meigs, 109.
A two penny bleeder. 3 Whart. R. 138.
Abbreviations. 4 C. & P. 51; S. C. 19 Engl. C. L. R. 268.
Abide. 6 N. H. Rep. 162.
About. 2 Barn. & Adol. 106; 22 E. C. L. R. 36; 5 Greenl. R. 482. See =
4
    Greenl. 286. About _____ dollars. 5 Serg. & Rawles, 402. About =
$150. 9
    Shep. 121.
Absolute disposal. 2 Eden, 87; 1 Bro. P. C. 476; 2 Johns. R. 391; 12 =
Johns.
    R. 389.
Absolutely. 2 Pa. St. R. 133.
Accept. 4 Gill & Johns. 5, 129
Acceptance. There is your bill, it is all right. 1 Esp. 17. If you will
    send it to the counting-house again, I will give directions for its =
being
    accepted. 3 Camp. 179. What, not accepted ? We have had the money, =
and they
    ought to have been paid; but I do not interfere; you should see my =
partner.
    3 Bing. R. 625; S. C. 13 Eng. C. L. R. 78. The bill shall be duly =
honored,
    and placed to the drawer's credit. 1 Atk. 611. Vide Leigh's N. P. =
420.
Accepted. 2 Hill, R. 582.
According to the bill delivered by the plaintiff to the defendant. 3 T. =
R. 575.
According to their discretion. 5 Co. 100; 8 How,. St. Tr. 55 n.
Account. 5 Cowen, 587, 593. Account closed. 8 Pick. 191. Account stated. =
8
    Pick. 193. Account dealings. 5 Mann. & Gr. 392, 398.
Account and risk. 4 East, R. 211; Holt on Sh. 376.
Accounts. 2 Conn. R. 433.
Across. 1 Fairf. 391.
Across a country. 3 Mann. & Gr. 759.
Act of God. 1 Cranch, 345; 22 E. C. L. R. 36; 12 Johns. R. 44; 4 Add. =
Eccl.
    R. 490.
Acts. Platt on Cov. 334.
Actual cost. 2 Mason, R. 48, 393, 2 Story's C. C. R. 422.
Actual damagei. 1 Gall. R. 429.
Adhere. 4 Mod. 153.
Adjacent. Cooke, 129.
Adjoining. 1 Turn. R. 21.
Administer. 1 Litt. R. 93, 100.
Ad tunc et indem. I Ld. Raym. 576.
Advantage, priority or preference. 4 W. C. C. R. 447.
Adverse possession. 3 Watts, 70, 77, 205, 345; 3 Penna. R. 134; 2 =
Rawle's
    R. 305; 17 Serg. & Rawle, 104; 2 Penna. R. 183; 3 Wend. 337, =
357; 4 Wend.
    507; 7 Wend. 62; 8 Wend. 440; 9 Wend. 523; 15 Wend. 597; 4 Paige, =
178; 2
    Gill & John. 173; 6 Pet. R. 61, 291 11 Pet. R. 41; 4 Verm. 155; =
14 Pick.
    461.
Advice. As per advice. Chit. Bills, 185.
Affecting. 9 Wheat. 855.
Aforesaid. Ld. Baym. 256; Id. 405.
After paying debts. 1 Ves. jr. 440; 3 Ves. 738; 2 Johns. Ch. R. 614; 1 =
Bro.
    C. C. 34; 2 Sch. & Lef. 188.
Afterwards to wit. 1 Chit. Cr. Laws, 174.
Against all risks. 1 John. Cas. 337.
Aged, impotent, and poor people. Preamble to Stat. 43 Eliz. c. 4; 17 =
Ves.
    @)73, in notes; Amb. 595; 7 Ves. 423; Scho. & Lef. 111; 1 P. =
Wims. 674; S.
    C. Eq. Cas. Ab. 192, pl. 9; 4 Vin. Ab. 485; 7 Ves. 98, note; 16 Ves. =
206:
    Duke's Ch. Uses, by Bridgman, 361; 17 Ves. 371; Boyle on Charities, =
31.
Agreed. 1 Roll's Ab. 519,
Agreement. 7 E. C. L. R. 331; 3 B. & B. 14; Fell on Guar. 262. Of a =
good
    quality and mode rate price. 1 Mo. & Malk. 483; S. C. 22 E. C. =
L. R. 363.
Aiding and abetting. Act of Congress of 1818, c. 86, 3; 12 Wheat. 460.
Aliments. Dig. 34, 1, 1.
All. 1 Vern. 3; 3 P. Wms. 56; 1 Vern. 341; Dane's Ab. Index, h. t. All
    debts due to me.; 1 Meriv. 541, n.; 3 Meriv. 434. All I am worth. 1 =
Bro. C.
    C. 487; 8 Ves. 604. All I am possessed of. 5 Ves. 816. All my =
clothes and
    linen whatsoever. 3 Bro. C. C. 311. All my household goods and =
furniture,
    except my plate and watch. 2 Munf. 234. All my estate. Cows, 299; 9 =
Ves.
    604. All my real property. 18 Ves. 193. All my freehold lands. 6 =
Ves. 642.
All and every other my lands, tenements, and hereditaments. 8 Ves. 256; =
2
    Mass. 56; 2 Caines' R. 345; 4 Johns. R. 398. All the inhabitants. 2 =
Conn.
     R. 20. All sorts of. 1 Holt's N. P. R. 69. All business. 8 Wendell. =
498; 23
    E. C. L. R. 398; 1 Taunt. R. 349; 7 B. & Cr. 278, 283, 284. All =
claims and
    demands whatsoever. 1 Edw. Ch. R. 34. All baggage is at the owner's =
risk.
    13 Wend. R. 611; 5 Rawle's R. 179; 1 Pick. R. 53; 3 Fairf R. 422; 4 =
Har. &
   John. 317. All civil suits. 4 S. & R. 76. All demands. 2 Caines' =
R. 320,
    327; 15 John R. 197; 1 Ld. Raym. 114. All lots I own in the town of =
F. 4
    Bibb, R, 288. All the buildings thereon. 4 Mass. R. 110; 7 John. R. =
217.
All my rents. Cro. Jac. 104. All I am worth. 1 Bro. C. C. 437. All and
every other my lands, tenements, and hereditaments. 8 Ves. 246; 2 Mass. =
56;
    2 Caines' R. 345; 4 John. Ch. 388.
All other articles perishable in their own nature. 7 Cowen, 202.
All and every. Ward on Leg. 105; Cox, R. 213.
All minerals, or magnesia of any kind. 5 Watts, 34.
All my notes. 2 Dev. Eq. R. 489.
All that I possess, in doors and out of doors. 3 Hawks, R. 74.
All timber trees and other trees, but not the annual fruit thereof. 8 D. =
&
    R. 657; S. ic. 5 B. & C, R. 942.
All two lots. 7 Gill & Johns. 227.
All action. 5 Binn. 457.
Also. 4 Rawle, R. 69; 2 Bayw. 161
Amongst. 9 Ves. 445; 9 Wheat. R. 164; 6 Munf. 352.
And, construed or. 3 Ves. 450; 7 Ves. 454; 1 Supp. to Ves. jr. 435; 2 =
Supp.
    to Ves. jr. 9, 43, 114; 1 Yeates, 41, 319; 1 Serg. & Rawle, 141. =
Vide
    Disjunction, Or.
And all the buildings thereon. 4 Mass. R. 110; 7 John R. 217.
And also. 1 Hayw. 161.
And so on, from year to year, until the tenancy hereby created shall be
    determined as hereinafter mentioned. 1 P. & D. 454; and see 2 =
Campb. R.
    573; 3 Campb. 510; 1 T. R. 378.
And the plaintiff doth the like. 1 Breese's R. 125.
Annual interest. 16 Verm. 44.
Annually, or in any way he may wish. 2 M'Cord's Ch. R. 281.
Any person or persons. 11 Wheat. R. 392; 3 Wheat. R. 631.
Any court of record. 6 Co. 19.
Any goods. 3 Campb. 321.
Any creditor. 5 B. & A. 869.
Any other fund. 1 Colly. R. 693.
Any other matter or thing from the beginning of the world. 4 Mason, 227.
Apartment. 10 Pick. 293.
Apparel. Goods and wearing apparel, in a will. 3 Atk. 61.
    apparatus. 9 Law Rep. 207.
Appeals. 1 Breese's R. 261.
Appear. 2 Bailey's R. 513.
Appellate. 1 Breese's R. 261
Appropriation. 1 Scam. R. 344.
Approved paper. 4 Serg. & Rawle, 1; 20 Wend. R. 431; 2 Campb. 532.
Appurtenances. 1 Serg. & Rawle, 169; 8 Johns. R. 47, 2d edit.; Com. =
Dig.
    Grant, E 9; 5 Serg. & Rawle, 110; Holt on Shipp. 404; 9 Pick. =
293; 7 Mass.
    6; 12 Pick. 436.
Are. 2 B. & B. 223.
Arrears. Ward on Leg. 219; 2 Ves. 430.
Arrive. 17 Mass. 188.
Articles perishable in their own nature. 7 Cowen, 202.
As appears by the bond or by the books. 1 Wils. 339, 279, 121; 2 Str. =
1157,
    1209, 1219.
As appears by the master's allocator. 2 T. R. 55.
As executors are bound in law to do. 2 Ohio R. 346.
As follows. 1 Chit. Cr. Law 233.
As this deponent believes. 2 M. & S. 563.
Ass. 2 Moody, C. C. 3.
Asses-Cattle. 1 R. & M. C. C. 3; 2 Russ. Cr. & M. 498.
Assent to. 4 Gill & Johns. 5, 129.
Assignment, actual or potential. 5 M. & S. 228.
Assings. 5 Co. 77 b.
At. 2 Caines' Err. 158.
At and from. 1 Marsh. Ins. 358, 261, a; 1 Caines' R. 75, 79; 1 New Rep. =
23;
    4 East, R. 130.
At any port or places. 1 Marsh. Ins. 191.
At his will. Roll's Ab. 845; Bac. Ab. Estate for life and occupancy, A.
At least. 8 W. & S. 470.
At such time and manner. 19 Ves. 387.
At twenty-one. Payable at twenty-one. 6 Ves. 245.; 7 ves. 412; 9 Ves. =
225;
    1 Bro. C. C. 91.
At the trial of the cause. 9 E. C. L. R. 202, 186.
At the wholesale factory price. 2 Conn. R. 69.
Attention, shall meet. 3 E. C. L. R. 407; 13 Id. 329.
Attest. 9 Mees. & W. 404.
Authority - Jurisdiction. 2 Bl. R. 1141.


Baggage. 6 Hill, N.Y. 586.
Baggage of Passengers at the risk of the owners. 19 Wend. 234, 251; 21
    Wend. 153; 26 Wend. 591; 17 Verm. 151.
Bank money. 5 Humph. R. 140.
Bank notes. 5 Mason's R. 549; 6 Wend. 346, 354.
Bankruptcy. 6 T. R. 684.
Bar-keeper. 3 S. & R. 351.
Bargain and sell. 4 Monr. R. 463.
Barley. 4 C. & P. 548.
Barrels. 7 Cowen, R. 681.
Beans. Bac. Ab. Merchant, &c. I. 1 Mood. C. C. 323.
Bearing Interest. 1 Stark. r. 452; 2 E.C. L.R. 466.
Beast. 1 Russ. C. & M. 568; 1 Russ. on Cr. 568; Bac. Ab. Sodomy.
Beef. 6 W. & S. 279.
Before the next term. 1 Binn. 76; 4 Yeates, 511.
Before the first day of the term after the action has been commenced. 4
    Dall. 433.
Before the sitting of the court. 5 Mass. R. 197.
Beginning to keep house. 6 Bing. R. 363; 19 Ves. 543.
Begotten. To be begotten. Co. Litt. 20 b, and n. 3; 3 Leon. 5.
Belongs - Belonging. 3 Conn. R. 467; 2 Bing. 76; Chit. Pr. 475 n.; 11 =
Conn.
    R. 240; 1 Coxe's R. 255.
Believe. 2 Wend. 298.
Belong. 3 Conn. R. 467.
Benefits of my real estate, construed, 4 Yates, 23.
Benevolent purposes. 3 Mer. 17; Amb. 585, n. (Blunt's Edit.)
Best of his knowledge and belief. 1 Paige, 404; 3 Id. 107, 212.
Between. 2 Saund. 158 b. n. 6; 1 Shipl. R. 201; 1 Mass. 91.
Between them. 2 Mer. R. 70.
Beyond sea. 3 Wheat. R. 541; 3 Cranch, R. 177; 14 Pet. C. 141; I Harr. =
&
    McHen. 89; 1 Har. & J. 350; 2 McCord, R. 331; 3 Mass. R. 271; 1 =
Pick. R.
    263; 9 Serg. & Rawle, 288; 2 Dall. 217; 1 Yeates, 329. Vide =
Beyond 8ea, in
    the body of the work.
Beyond seas. 3 Wheat. 343; 9 S. & R. 291.
Bien. 2 Ves. 163.
Big. 2 Dev. R. 115.
Blubber. 1 Story, R. 603.
Board, boarding. 2 Miles, R. 323.
Bag. Cro. Car. 511.
Boiler. Wright, 143.
Book. 2 Campb. 25, 28, n.; 11 East, 244.
Book debt-Book entries. 2 Miles, R. 101, 102; 3 Ired. R. 77, 443; 4 =
Ired. 110.
Bona fide. 1 Leigh. N. P. 326.
Boons. Sugd. Pow. 633, 671.
Bound by surety. 5 Serg. & Rawle, 329.
Bound with surety, 6 Binn. 53.
Bounded on the margin. 6 Cowen, 526.
Bounded on the road. 13 Mass. 259.
Breach of good-behaviour. 2 Mart. N. S. 683.
Brick factory. 21 Pick. R. 25.
Building. 16 John. R. 14; 13 John. R. 346; 9 Bing. 305; 5 Mann. & =
Gr. 9, 33.
Business. 1 M. & Selw. 95.
Butcher. 1 Barn. & A. 617; 6 Watts & Serg. 269, 277.
By act and operalion of law. 3 Caines' R. 64.
By surety. 5 Serg. & Rawle, 329.
By a certain time. Penna. R. 48.
By any other means. 2 Co. 46
By virtue of his office. 3 E. C. L. R. 425.
By a stream. 3 Sumn. R. 170.
By next November. 3 Pa. 48.
By the year. 2 Miles, R. 302.


Cabinet of curiosities. 1 Cox, R. 77; 1 Bro. C. C. 467.
Came by descent, gift, or devise. 2 Pet. 58.
Cargo. 4 Pick. 433; 2 Gill & John. 134, 162.
Case-suit. 2 Murph. 320.
Catchings. 1 Story, R. 603.
Cattle. 1 R. & M. C. C. 3; 2 Russ. C. & M. 498; R. & R. C. =
C. 77; 2 East,
    P. C. 1074; 1 Leach, C, C. 72; 2 W. Black. 721; 2 Moody, C: C. 3.
Cause. 1 Supp. to Ves. jr. 510.
Cause of action. Wilk. on Lim. [49).
Cease. Coop. Ch. R. 14.5.
Cede. 1 liar. (N. J.) 181.
Certificate of deposit. 6 Watts & Sero,. 227.
Chamber or rooms. 3 Leon. 210.
Chambres. 5 Watts, R. 243,
Charged in execution. 4 T. R. 367.
Charges, costs, and expenses, 2 Wils. 267; 13 Serg. & Rawle, 79.
Charitable uses. Boyle on Charities, 281; 7 Ves. 79; 1 Mer. 86, 92, 93; =
1
    Sim. & Stu. 69; 1 Myl. & Craig, 286; 4 Wheat. App. p. 6.
Charity. 9 Ves. 399.,
Cheat. 2 Hale's Hist. P. C. 183: Bac. Ab. Indictment, G 3.
Chiefest and discreetest. 13 Ves. 13.
Child, grandchild, issue, son; see Legatee; 1 Ves. 290; Id. 335; Ambl. =
397;
    Id. 701; 5 Burr. 2703; Cowp. 314; 3 Anstr. 684; Lofft, 19; 7 T. R. =
322; 1
    East, 120; 2 Eden, 194; 2 Bro. C. C. 33: 2 Ves. jr. 673; 3 Ves. 232; =
Id.
    421; 4 Ves. 437; Id. 692; 5 Ves. 530; 6 Ves. 43, Id. 345; 7 Ves. =
522; 10
    Ves. 160, Id. 176; Id. 195; 13 Ves. 340; 1 Cox, 248; Id. 327; 2 Cox, =
184; 1
    Ves. & Bea. 422, 462, 469; 2 Ves. & Bea. 213; 3 Ves. & =
Bea. 59, 67, 69,
    113; 1 Meriv. 654; 2 Meriv. 382; Dick. 344; 1 Eden, 64; 1 Bro. C. C. =
530; 2
    Bro. C. C. 68, 230, 658; 3 Bro. C. C. 148, 347, 352, 434: 1 Bro. C. =
C. 55;
    19 Ves. 125; 1 Ball & B. 486; Com. Dig. App., Devise of real =
property, x.
    5, 6, 7, 8, 9; Id. Devise of personal property, viii. 13.
Child's part. 2 Roll. R. 104; Poph. 148; 1 Roll. R. 193; Cro. Jac. 417.
Children. 3 Paige, 10; 5 Ves. 530; 1 Ves. & Bea. 434; 4 Eng. Ch. R. =
565; 5
Conn. R. 228.
    To such child or children, if more than one, as may happen to be =
enceinte
    by me. 17 Ves. 528.
    To the children which I may have by A, living at my decease. 1 Ves. =
& Bea. 422.
Chromate of iron. 5 Watts, 34.
Civil action. 6 Binn. 5; 1 Binn. 197.
Civil suit. 4 S. & R. 76.
Chuck-a-luck. 3 J. J. Marsh. 133.
Claim. 16 Pet. 538, 575, 576, 604, 615.
Clear. Ambl. 273; 2 Ves. 500. Ward on Leg. 222; 2 Atk. 376.
Clear of all charges and assessments whatever. 4 Yeates, 386.
Clear deed. 3 W. & S. 563, 565.
Closing an account. 7 Serg. & Rawle, 128; 8 Pick. 187.
Clothes. All my clothes and linen whatsoever. 3 Bro. C. C. 311.
Coal mine. Cro. Jac. 150; Noy, 121; Gilb. Ej. 61, 2d ed.; Rosc. R. Act. =
486.
Coasting trade. 3 Cowen, R. 713,
Coffer. 2 Hale's Hist. P. C. 3; Bac. Ab. Indictment, G 3.
Cohabitation. 1 Add. R. 476; 3 Add. R. 277; 2 Tyrw. 76; 2 Cr. & J. =
66;
    Rogers' Eccl. Law, tit. Marriage.
Collateral. Sugd. Pow. 76.
Collectable. 8 Watts, R. 361.
Come to. 1 Serg. & Rawle, 224; 2 Pet. R. 69, 94.
Commenced. 14 East, 539.
Commerce - Navigation. 9 Wheat. 1.
Commission and guaranty. 3 Whart. 288.
Commit. 3 Man. Gr. & Scott, 465, 477.
Commit suicide. 3 Man. Gr. & Scott, 477.
Commodities. 12 Mass 256.
Common law. 3 Pet. 447; 1 Gall. R. 19.
Complete Steam engine. 2 Hall, 3128.
Concealed. 12 Wheat. 493; 12 Wheat. R. 486.
Conclusive. 5 Binn. 387; 6 Binn. 128; 4 Yeates, 551.
Conditions performed. 1 Call. 567.
Confidence. Boyle on Char. 319; 2 Pa. St. R. 133.
Consent-Submission. 9 C. & P. 722.
Consentable lines. 10 Serg. & Rawles 110.
Construction. 3 Mont. 166.
Containing. 1 Murph. 348.
Contents unknown. 3 Taunt. R. 303.
Contrary to law. 1 Blackf. R. 318.
Convenieid speed, or as soon as convenient. 19 Ves. 336, 390, notes; 1 =
Ves.
    jr. 366.
Convey. 3 A. K. Marsh, 618.
Conveyance. 2 Serg. & Rawle, 498; 3 Mass. 487.
Convicted. 1 Wheat. 461; 15 East, R. 570; 7 Mann. & Gr. 481, 508.
Copper-fastened. 24 E. C. L. IR. 415.
Coppered, ship. 8 Pet. 557.
Corrupt. 1 Benth. Ev. 351.
Correcting-revising. 2 Shepl. 205.
Cost. 2 Wash. C. C. R. 498.
Costs. Wright, 121. Pay his own costs. 1 Hayw. 485.
Cotton in bales. 2 C. & P. 525.
Counly aforesaid. 2 Bl. R. 847.
Court of record. 5 Ohio R. 546. Vide 3 Wend. 267.
Cousins. 2 Bro. R. 125; Ward on Leg. 121.
Covenants. Provided always, and it is agreed that the lessor shall find
    great timber, Bac. Ab Covenant, A. I oblige myself to pay so much =
money.
    Hard. 178. I am content to give A ten pounds at Michaelmas, and ten =
pounds
    at Ladyday. 3 Leon. 119. With usual covenants. 15 Ves. 528; 3 Anstr. =
700.
Covenants Performed absque hoc. 6 Penn. St. Rep. 398.
Credible. Com. R. 91; S. C. 1 Freem. 510.
Credible witness. 5 Mass. 219; 12 Mass. 358; 17 Pick. 134; 2 Bailey, R. =
24;
     8 Conn. 254.
Credit. Mutual credit. 1 Atk. 228; 7 T. R. 378; Montag. on Set-off, 48; =
8
   Taunt. 22; S. C. 4 Eng. Com. Law Rep. 4; 1 Marsh. R. 190; S. C. 4 =
Eng. C.
    L. 335.
Creditors and subsequent purchasers. 5  Cranch, 165.
Criminal proceeding. 2 Q. B. 1.
Cross. 5 Pick. 163.
Cruise of three months. 2 Gallis. 526.
Cultivation. 2 N. H. Rep. 56.
Curby hock. Oliph. on Horses, .10.
Currency. 1 Ohio R. 119.
Current money. 1 Dall. 126, 176.
Current rate of exchange to be added. 2 Miles, R. 442, 443.
Current lawful money. 1 Dall 175.
Current bank notes. 1 Hamm. R. 178. See also 1 Hamm. R. 531; 1 Breese, =
R.
    152; 3 Litt. R. 245; 19 John. R. 146; 1 Dall. 126, 176; 1 Ohio R. =
119.
Current bank money. 5 Humph. R. 140.
Curricle. Anthon, 114.
Cutting. Russ. & Ry. Cr. Cas. 104.


Damages. 5 Cowen, 161.
Damna. Bac. Ab. Costs, (L.)
Dangerous weapon. 1 Baldw. 78.
Dangers of the navigation. 9 Watts, R. 87.
Date. Co. Litt. 46, b, note (8); Bulstr. n. 177; Stiles, 382; Com. Dig.
    Estates, G 8; Id. Bargain and Sale, B 8; Id. Temps, A; Vin. A.b. =
Estates, Z
    a; Id. Time, A.
Day. (fraction of,) 1 Cowen, 594; 6 Cowen, 611; I Nott & McC. 405; 3 =
Penna.
    R. 245.
Day of the date. Co. Litt. 46 b, note, (8); Powell on Powers, 498, et =
seq.
    to 533. Vide Dale, above.
Day time. 9 Mass. 154.
Days. Running days. Working days. 1 Bell's Com. 577, 5th ed.
Dealings. M. & M. 137; 3 C. & P. 85; S. C. 14 E. C. L. R. 219.
Death. Swanst. 161.
Debt, contracted. 2 B. & C. 762; 9 E. C. L. R. 236.
Debts due to me at my decease. 9 Sim. 16.
Debts now due. 3 Leigh, R. 389. See 4 Rawle, R. 307.
Declare. 3 Co. 82, b i Co. Litt. 76, a, 290, b; 3 T. R. 546.
Deed. A good and sufficient deed. Wright's R. 644.  A good and =
sufficient
    warranty deed. 15 Pick. R. 546.
Default. Platt on Cov. 335.
Definitive. 1 Watts, 257.
Delivered. 7 D. & R. 131; 16 E. C. L. R. 277.
Demands in full. 9 S. & R. 123.
Demise. 2 Caines' R. 188; 8 Cowan's R. 36; 4 Taunt. 329; 8 Mass. R. 201; =
8
    Cowen, 36.
Depart (To). 3 M. & S. 461.
Depending. 5 Co. 47, 48; 7 Co. 30; 9 B. & C. 755; 4 Bing. 561; 8 B. =
& C. 635.
Deponent believes. 2 Str. 1209, 1226; 2 Burr. 655; 1 Wils. 231.
Descendants. 3 Bro. C. C. 367.
Descent. 2 Pet. R. 94; 1 S. & R. 224; 11 S. & R. 232.
Desire. 1 Caines' R. 84; 1 Bro. C. C. 489.
Deviation. 3 Ch. Com. L. 471.
Devise. All messuages, lands. 17 Ves. 64.
Devolve. 1 M. & K. 647.
Die by his own hands. 5 Mann. & Gr. 639.
Diligent inquiry. 1 Meigs, R. 70.
Discharge. Her receipt to be a sufficient discharge. 3 Bro. C. C. 362.
Discharge of all demands. Ward on Leo. 222; 2 Vern. 114, by Raithb.
Discount-Discounted. 15 Johns. 168; 8 Wheat. 338; 4 Yeates 223; 2 Cowen,
376; 19 Johns. 332.
Discounting. 5 Mann. & Gr. 590.
Disguring. Cheves, 157.
Disparagement. I lred. Eq. R. 232.
Dispose of. 1 Watts, 386; 3 Atk. 287; Rob. on Wills, 3, Appx. note 3; 14
Pet. R. 529.
Disposing mind and memory. 2 South. 454.
Distiller. Pet. C. C. R. 180; 2 Wheat. 248.
Distribute. 11 S. & R. 232.
Divide. Boyle on Charities, 291.
Division. 4 T. R. 224, 459.
Do the needful. 4 Esp. 65; 4 Esp. R. 66.
Doctor. 2 Campb. 441.
Domus. 4 Leon. 16.
Doth bargain and sell. 4 Mont. R. 463.
Down the said creek with the several meanders thereof. 2 Ohio R. 309.
Due. 3 Leigb, 389; 4 Rawle, 307.
Due A B. 2 Penn. R. 67.
Due A B $94 on demand. 5 Day, R. 337; and see 2 Cowen, R. 536.
Due course of law. 3 Cranch, 300; 5 Cranch, 363; 1 Wheat. 447.
Due security. Sax. Ch. R. 259.
Duly honored. 7 Taunt. 167; 2 E. C. L. R. 63; 7 Taunt. R. 164.
Dunce. Cro. Car. 382; 1 Roll. Ab. 55; Bac. Ab. Slander, I.
Dying without children. 5 Day, 617.
Dying by his own hands. 5 Mann. & Gr. 639.
Dying without issue. 12 East, 253; 3 East, 303, 491; 1 Ves. Jr. 562; 10
    Ves. 562; 17 Ves. 482.
Dying without lawful issue. 10 Johns. R. 12; 5 Day, 20; 2 Bro. C. C. =
553.


Each. 1 B. & C. 682; 8 C. & R. 184; Watts, 51; 10 Serg. & R. =
33.
Eadem. Co. Litt. 20 b.
Effects. 13 Ves. 39; 15 Ves. 326, 507; Cowp. 299; 1 Hill, S. C. 155.
Estates and effects. 1 Ves. & Beam. 406; 1 East. R. 53; 11 East, =
290; Russ.
    & Ry. Cr. Cas. 66.
Emigrant laborers. 2 Man. & Gr. 574, 589; 40 E. C. L. R. 520, 528.
Ended. 10 S. & R. 391.
Engagement. 15 John. 395, 390.
Entreat. 2 Madd. 458; 2 Ves. & Bea. 378.
Equally. Cowp. 657; 3 Ves. 260; Dougl. 760; 9 East, 276.
Equally to be divided, this phrase construed. 1 Rop. Leg. 266; 1 Atk. =
494;
    3 Bro. C. C. 25; 5 Ves. 510; Addis. 310; 3 S. & R. 135; 1 Wils. =
R. 341; 1
    Desaus. 329.
Erect. 8 Ves. 191; 3 Mad. R. 306; 2 Ves. 181; 2 Ves. 247; 1 Bro. C. C. =
444;
    Amb. 751.
Erection. 9 Car. & P. 233.
Erection and improvements. 2 Man. & Gr. 756, 757; 40 E. C. L. R. =
612.
Errors excepted. Gow an Partn. 136; 3 Bro. C. C. 266.
Establishing. 3 Madd. R. 306; Boyle on Char. 93; 2 Cox, 387; S. C. 4 =
Bro.
    C. C. 326.
Estate. 3 Cranch, 97; 3 Yeates, 187; 6 Binn. 97; 2 Binn. 20; 6 Johns. R.
    185; 1 Wash. R. 96; 1 Call, 127; 3 Call, 306; 2 Nott & M'Cord, =
380; 1 Dall.
    226; 12 Serg. & Rawle, 54; 1 Yeates, 250, 380; 1 Salk. 236; 6 T. =
R. 610; 11
    East, 246; 2 Ves. & Bea. 222; 2 Atk. 38; 3 Atk. 486; Ambl. 155, =
216; 12 Mod
    592; 1 T. R. 659, n.; 8 Ves. 604; 9 Veg. 137; 1 Cox, 362; 2 Ves. =
& Bea.
    225; 19 Ves. 195; 3 Ves. & Bea. 160.
Estates and effects. 1 Ves. & Bea. 406. Temporal estate. 8 Ves. 617. =
All
    the residue of my estate of every name and kind. 4 Law Rep. 256.
Every of them. 12 S. & R. 158.
Evidence. Conclusive Evidence. 1 Leigh's N. P. 307.
Except what shall be mentioned hereafter. Monr. 399.
Excepting. Perk. S. 439; Crabb on R. P. 157.
Execute. 2 Green's R. 350.
Exclusive of costs. 1 Edw. R. 483.
Expectation. Boyle on Char. 319.
Expenes. 15 Serg. & Rawle, 55.
Extend. 1 Paine's R. 385.



Fac similes. 7 Mann. & Gr. 399
Factory prices. 2 Conn. R. 69; 2 Mason, 89, 90.
Factum. 1 Leon. 310.
Faithful. 12 Pick. 303.
Falsely. 2 M. & Selw. 379; Noy. 35; Owen, 51.
Farcy. Oliph. on Horses, 42.
Family. Cooper's R. 317; 8 Ves. 604.
Farm. 6 T. R. 345.
Father, on the part of the. 1 Serg. & Rawle, 224.
Feeder. 13 Pick. 50.
Fifty pounds. (50 l) Sid. 151.
Filled. 1 Breese's R. 70.
Final. Final and conclusive. 5 Binn. 387; 6 Binn. 128.
Final judgment. 2 Pet. R. 264, 464.
Final decree. 8 Wend. 242.
Final settlement and decree. 4 Am. Dig. 283; 1 Halst. 195; 17 Serg. =
&
Rawle, 59, 340; 14 Serg. & Rawle, 396; 1 Penn. R. 282; 2 Pet. R. =
464.
Final process. 16 Pet. 313.
Fine. 5 M. & W. 535.
Firmly. 4 S. & R. 135; 1 Browne, R. 258.
First born son. 1 Ves. 290.
First cousin or cousins german. 4 M. & C. 56.
First had and obtained. 1 Serg. & Rawle, 89.
First or sterling cost. 1 Stuart's (L. C.) R. 215.
Fixed furniture. 6 C. & P. 653.
Flats. 8 W. & S. 442.
Flock. Inst. 4, 3, 1.
Flock of sheep. Inst. 2, 20, 18.
Fold course. Touchs, 93; Co. Litt. 6.
For. Dougl. 688; 1 Saund. 320, n. 4; Willes, 157.
For and in consideration of dollars. 7 Verm. 522; 6 Verm. 411.
For such times as we think fit. 1 Chit. Com. Law. 495.
For value received. 18 John. 60; 8 D. & R. 163; S. C. 5 B. & C. =
501.
For which he has not accounted. 4 Burr. 2126; 1 T. R. 716.
For whom it may concern. 1 Pet. R. 151.
Foreign bills. 19 John. R. 146.
Foreign part, place. 2 Gall. R. 4; 19 John. 375.
Foreign voyage. 1 Gall. R. 55, 142.
Foreign part. 19 Johns. 375; 4 Am. Law Journ. 101.
Foreign state. 5 Pet. 1.
Foreign vessel. 1 Gall. R. 58.
Foreigner. 1 Pet. R. 349.
Forever. 6 Cruise, 281; 4 Dane's Ab. c. 129, art. 2, 14.
Forthwith. I Mo. & Malk. 300; S. C. 22 E. C. L. R. 313; 9 C. & =
P. 706; S.
    C. 38 E. C. L. R. 299, 801; 12 Ad. & Ell. 672; S. C. 40 E. C. L. =
R. 158,
    160, 161, 162; 7 Mann. & Gr. 493.
Forards and backward. 2 New Rep. 434.
Four mills. 1 Mod. 90.
Fourth part of house in N. Cro. Eliz. 286; 1 Str. 695.
Fowl. 1 Russ. C. & M. 568.
Frame house filled with bricks. 7 Wend. 270.
Fraudulently. Willes, 584; 1 Chit. Pl. 376.
Free. 1 Wh. 335; 2 Salk. 637.
Free of average. 16 East, R. 214.
Free of particular average. 16 East, R. 14; 15 East, R. 559; Code de
    Commerce, art. 409.
Free on board a foreign ship. 3 Campb. R. 270.
Freely to be enjoyed. Cows. 352; 3 Burr. 1895; 11 East, R. 220.
Freight. 1 Mason, R. 11, 12.
From. 1 Marsh. Ins. 261, a; 2 Cowen, 605, 606, n. 518; 15 Mass. 193; 1 =
S. &
     R. 411; 8 S. & R. 496; 5 T. R. 283; 2 Saund. 158, b, n. 6; 5 =
Com. Dig. 335;
   4 Cruise, 72; Greenl. Cas. 9; 6 W. & S. 328.
From and after. 9 Cranch, 104; 2 Cowen, 606 n.; 4 T. R. 659.
From the day of the date. Cowper, 717, 725.
From the date, 15 S. & R. 135.
From 1000 to 3000 bushels of potatoes. 4 Greenl. 497.
From thenceforth. 2 Mer. R. 431.
From and after the passing of the act. 4 T. R. 660.
Front to the river. 6 M. R. 19, 228,229; 8 N. S. 576; 9 M. R. 656.
Full and free. 1 Wh. 335.
Full cargo. 7 Taunt. 272.
Fully. Pow. on Morts. 83, 858.
Fur. 7 Cowen, 202.
Furniture. Amb. 605; 3 Ves. 311; 1 John. Ch R. 3@9,
Furniture at ___  3 Madd. 276.
Future. 7 W. & S. 305; 2 Pa. St. R. 146.
Future increase. 3 Yerg. 546. See 2 Bibb, 76; 4 Hen. & Munf. 283.
Future conveyances. 2 P. St. R. 146.


Gamble. 2 Yerger, 472.
Geldings, cattle. 1 Leach, C. C. 73, n.
Gentlemen. 21Y. & C. 683; 21 Jurist, 152
Gift. I give thir, note to A. 4 Ves. 565. I return to A his bond. 3 Ves. =
231.
Gelding-horse. 3 Humph. 323.
Give. 2 Caines' Rep. 188; 7 John. R. 255; 11 John. R. 122; 5 Greenl. R. =
227.
Give and grant. 1 Hayw. R. 251.
Given. I Harr. (N. J.) R. 286.
Giving testimony in a suit. 3 Harr. Cond. Lo. R. 157.
Giving way. 10 (Eng.) Jur. 1065.
Glass with care, this side up. 11 Pick. R. 41.
Glass eye. Oliph. on Horses, 44.
Good. 5 M. & W. 535.
Good and lawful men. 1 Blackf. R. 396..
Good note. 7 Verm. 67.
Good custom cowhide. Brayt. 77.
Good and sufficient deed. Wright, 644.
Good and sufficient warranty deed. 15 Pick. 546; 20 John. 130; 4 Paige =
R.
628. Good merchantable goods. 3 Campb. R. 462.
Good work. Wright, R. 47 1.
Goods. 2 Ves. Jr. 163; 3 Atk. 63; 1 P. Wms. 267; 2 P. Wms. 302; 1 Atk. =
171,
    177, 180, 182; 1 Ves. Jr. 237; 1 Bro. C. C. 127; 11 Ves. 666; 1 =
Marsh. Ins.
    319; 7 Taunt. 191; 2 B. & A. 327; 4 B. & A. 206; 9 East, =
215; 5 Mason's R.
    544.
Goods and chattels. 2 B. & A. 335; 1 Leigh's N. P. 244; 1 Yeates, =
101; 2
    Watts, 61; 8 Co. 33; 2 East, P. C. C  16, s. 37; 2 B. & A. 259, =
327; 6
    Bing. 363; 4 Mo. & P. 36; 1 Ves. sen. 363; 1 Atk. 165.
Goods and movables. 1 Yeates, R. 101.
Government security. 3 Younge & C. 397.
Government or other securities. 9 Sim. 104.
Grange. Co. Litt. 5; Plowd. 197; Touch. 93.
Grant, bargain, sell, alien, and confirm. 2 Caines' R. 188; 7 Johns. R.
    258; Com. Dig. Guaranty, A.
Grant, bargain, sell. 4 Dall. 441; 2 Binn. 09; 1 Rawle, 377; 1 Serg. =
& R.
    50, 438; 4 Kent's Com. 460.
Grant and demise. 4 Wend. 502; 8 Cowen, 36; 9 Ves. 330.
Grantee. 1 Cowen, 509.
Ground. 1 Supp. to Ves. jr. 510.
Ground-rents. I Meriv. 26; 2 Str. 1020; 1 Bro. C. C. 76.
Growi?tg. 4 Leon. 36.
Gutta serena. Oliph. on Horses, 44.


Habitable repair. 2 Mo. & Rob. 186
Half mile. 9 B. & C. 774.
Has bargained and sold. 4 Cowen, 225.
Have. 2 Bendl. 34.
Having. 2 Ves. 427; 11 Ad. & El. 273; 39 E. C. L. R. 80.
Having children. 7 T. R. 322; 7 Ves. 453.
He has re7wved la?id-7iiarks. 10 S. & R. 18. See Minor, 138.
He is perjured. 1 Caines, 347. 2 Caines, 91.
He is forsworn. 1 Caines, 347.
He is a corrupt old tory. 2 Port. 212.
He keeps false books, and I can prove it. 17 John. 217; 5 John. 476.
He paying thereout. Dick. 444; 3 East, 590.
He shall be well satisfied. 2 John. Rep. 395.
He swore a lie before the church session, and I can prove it. 1 Penna. =
12.
He swore a false oath, and I can prove it. 2 Binn. 60; 4 Bibb, 99; 2 =
Dall. 58.
Heir male. 4 Ves. 794; Id. 326.
Heirs. 1 Car. Law Rep. 484.
Heirs at law. 4 Rand. R. 95.
Heirs of the body, 2 Bligh, 49. Vide 4 T. R. 300; Id. 88; 8 T. R. 373; 3
    Ves. jr. 257; 13 Ves. jr. 340.
Heirs female. Co. Litt. 24 b, n. 3; 5 Bro. Parl. Rep. 93; Goodtitle v.
Burtenshaw, Fearne, Rem. Appx. No. 1.
Heirs of the wife. 6 Yerg. R. 96.
Henceforth. 9 Serg. & Rawle, 133.
Her. 1 Desaus. R. 353.
Her increase. 1 Iredell, 460.
Her part aforesaid. 4 Dowl. & R. 387.
Hereinafter - Hereinbefore. 1 Sim. Rep. 173.
Hereditament. 1 Salk. 238 ,Mos. 242; 3 T. R. 358; 7 T. R. 558; 8 N. R. =
505;
    2 B. & P. 247, 251; 6 Nev. & M. 441; 4 Ad. & Ell. 805.
Head of a family. 2 How. S. C. Rep. 581, 590.
Hides. 7 Cowen, 202.
High seas. Russ. & Ry. 243; 2 Leich, 109; 3 Mason's R. 290.
Him or His. 2 Ves. 213.
Hiring. 6 T. R. 452.
Holiday. 4 Clark & Fin. 234.
Homestead-Homestead farms. 7 N. H. Rep. 241; 15 John. R. 471.
Hope. Boyle on Char. 319.
Horse. 1 Scam. R. 304.
Horse-Gelding. 3 Humph. 323.
Horse, Mares and Colts - Cattle. 2 East, P. C. 1074; 1 Leach, C. C. 72.
Hotel keeper. 1 Carr. & Marsh. 458.
House. 7 Mann. & Gr.. 66, 122.
House I live in and garden to B. 2 T. R. 298.
Household goods. 3 Ves. jr. 310; 1 John. Ch. R. 329; 3 P. Wms. 335.
Household furniture. 2 Hall, R. 490.


I guaranty the payment of the within note at the insolvency of the =
drawers.
   5 Humph. 476.
I return A his bonds. 3 Ves. 231.
I warrant this note good. 14 Wend. 231.
If. Touchs. 123; Co, Lit. 204; Id. 214 b
Immediate. 2 Lev. 77; 7 Mann. & Gr. 493.
Immediately. 4 Younge & Col. 511.
Immovables. Ward on Leg. 210.
Impedimentum. Bac. Tr. 211.
Impelitio. Bac. Tr. 211.
Implements. 9 Law Reporter, 207.
Improvement. 4 Pick. 204.
In all the month of May. 3 W. C. C. R. 140.
In actual military service. 3 Curt. R. 522; 7 Eng. Eccl. R. 496.
In current bank notes. 1 Ham. R. 178. See also 1 Ham. R. 531; 1 Breese, =
R.
152, Litt. R. 245; 1 Ohio R. 119; 1 Dall. R. 126, 176; 19 John. R. 146.
In default of such issue. 7 East, R. 521; 3 T. R. 484.
In fullest confidence. T. & R. 143
In like manner. Ward on Leg. 246; 4 Ves. 732; 1 Sim. & St. 517.
In manner aforesaid. Ward on Leg. 246; 5 Ves. 465.
In the fullest confidence. Turn. & Russ. 157.
In money or negroes. 4 Bibb, R. 97.
In the occupation of. 2 Bing. R. 456. 1 B. & C. 350.
In case of the death. Swanst. 162.
Income. 9 Mass. R. 372; 1 Metc. 75.
Inde. Co. Litt. 82 b.
Indebted. 15 Serg. & Rawle, 142;. 3 Caines' R. 323; 17 S. & R. =
285.
lndefeasible title. 3 Bibb, R. 317.
Indirect. 2 Gill & John. 382.
Indorse. 7 Pick. 117.
Infamous crime. 1 Moody, Cr. Cas. 34, 38.
Inferior tradesmen. 1 Lord Raym. 149; Com. Rep. 26; 5 Mod. 307; Bac. Ab.
    Costs, B.
Inhabitants of a neighborhood. 10 Pick. R. 367.
Insolvent circumstances. 2 Harr. Dig. 202; Chit. on Bills, 120; McClel. =
&
    Yo. 407.
Istantly. 3 Perr. & Dav. 52; 8 Dowl. 157.
Intended to be recorded. 2 Rawle, 14.
Intent to defraud-Intent to deceive. Rob. Fr. Cony. 30; and see 8 John. =
R.
    446; 12 John. 120; 2 John. Ch. R. 35; 4 Wheat. R. 466.
Intents and purposes. To all intents and purposes. 11 Ves. 530.
Investment. 15 Johns. 384, 392
Irregularly. 1 Cowen, 73@'S, b.
Irreparable. 3 Mart. N. S. 25.
Is indebted to the plaintiff in trover. 1 H. Bl- 218.
Is indebted to the plaintiff upon promises. 2 Dougl. 467; and see Say, =
R. 109.
Issue. 3 Ves. & Bea. 67; 13 Ves. 340; 3 Ves. 421; 7 Ves. 522; 1 =
Dall. 47; 1
    Yeates, 332; 3 Ves. 257; 1 Cox, 38. Failure of issue. 1 B. B. 1. Die
    without issue. 17 Ves. 482.
Issuably. 3 Chit. Pr. 705.
It shall and may be lawful. 1 Edw. R. 84.
It shall be lawful. 8 N. S. 539.
It shall be lawful for the court. 1 John. Ch. R. 491.
Ita quod. Ld. Raym. 760.


Jewels. Ward on Leg. 221; Mos. 112.
Jewelry. 14 Pick. 370. Vide infra Trinkets.
Jockey. 8 Scott, N. S. 5S4. ,
Joint and equal proportions. Jointly. Ambl. 656; 1 Bro. C. C. 118; 2 =
Rop.
    Leg. 267. Joint and several. 2 Day, 442; 1 Caines' Cas. 122; 1 =
Consts. R.
    486; 1 Cox, 200; 4 Desaus. 148; 7 Serg. & Rawle, 356.
Judicial proceedings. 5 Ohio, 547; 3 M. R. 248; 4 M. R. 451; 6 M. R. =
668; 7
    M. R. 325; 9 M. R. 204, 325; 10 M. R. 1; L. R. 438; 3 N. S. 551; 5 =
N. S.
    519.
Junior. 8 John. 549; 8 Conn. R. 293.
Just debts. 1 Binn. 209; 9 Mass. 62.
Justafiable cause. 1 Sumn. 194.


Kept. 4 Scamm. 168.
Kin. Next of kin. 15 Ves. 109; Id. 583; 3 Bro. C. C. 355. Next of kin or
    heir at law. 4 Ves. 469. Next of kin, in equal degree. 12 Ves. 433.
King's enemies. 1 Leigh's N. P. 509.
King and being privy to. Platt on Cov. 338.


Laborer. 1 Lo. Rep. 268.
Lamb-Mutton. 1 Moody, Cr. Cas. 242; and see Russ. & Ry. 497.
Lampooner. 3 Lev. 248.
Last past-August last past. 3 Cowen, 70.
Last sickness. 20 John. 502.
Last will. 7 T. R. 138.
Law charges. 3 Mart. Lo. R. 282.
Law of the land. 2 Yerg. 554; 6 Penna. St. Rep. 87, 91; 4 Dev. 1.
Lawful. Lawful heir. 2 T. R. 720.
Lawful deed of conveyance. 2 Serg. & R. 499.
Lawful money. 1 Yeates, 349; 1 Dall. 126, 176.
Lawful, Shall be. 2 D. & R. 172; 4 B. & A. 271; 1 B. & C. =
35, 8.
Lawful title. 1 Blackf. 380; 2 Greenl. R. 22; 10 John. R. 266.
Lawful deed. 2 S. & R. 498; Coxe, 106.
Lawful current money of Pennsylvania. 1 Dall. 124.
Lawfully demanded. 2 M. & S. 525.
Leaving children. 7 T. R. 332, and see 7 Ves. 453; 9 Ves. 204; 6 T. R. =
307.
    Vide Having Children.
Leasehold ground rents. Ward on Leg. 222; 1 Bro. 76.
Legal representatives. 3 Ves. 486; 3 Bro. C. C. 224; 1 Yeates 213; 2
    Yeates, 585; 2 Dall. 205; 6 Serg. & Rawle, 83; 1 Anstr. 128.
Lend. 1 Hill's Ch. 37.
Lent.. Bac. Ab. Assumpsit F; 2 Wils. 141.
Let. 5 Whart. R. 278.
Level. 5 Ad. & El. 302; 4 Nev. & Man. 602.
Life estate. 500 to the sole use of N, or of her children, forever. 1 =
Cox,
    341; vide 12 Ves. 295; 1 Rose, 200; 13 Ves. 486; 13 Ves. 445; 2 =
Eden, 323;
    Amb. 499; 4 Bro. C. C. 541; 1 Bay, 447.
Limit and appoint. 5 D. & E. 124.
Limn. 3 Bro. C. C. 311.
Literary composition. Eden, Inj. 324.
Live and dead stock. Ward on Leg. 220; 3 Ves. 311.
Livelihood. 3 Atk. 399.
Living together. 1 Add. R. 476; 3 Add. R. 277; 2 Tyrw. 76; 2 Cr. & =
J. 66;
Rogers' Eccl. Law, tit. Marriages.
Loaded arm. 1 Carr. & Kirw. 530; S. C. 47 Eng. C. L. R. 530.
Lost or not lost. 1 Marsh. Ins. 332; Park, Ins. 25; 5 Burr. 2803; Wesk. =
345.
Loaf sugar. 1 Sumn. R. 159.
Lot No. 54. 1 Verm. R. 336; 18 John. R. 107; 5 N. R. Rep. 58.
Lots. 4 Ohio, 5.
Lying at the wharf. 2 McCord, 105.


Made. 1 Cranch, 239. @
Made his note to the plaintiff for $760. 1 Breese's R. 122.
Magistrate. 13 Pick. 523.
Make over and grant. 18 John. 60; 3 John. R. 484.
Maintenance. 4 Conn. R. 558; 2 Conn. R. 155; 2 Sandf. Ch. R. 91. See =
Support.
Mange. Oliph. on Horses, 46.
Mankind. Fortescue. 91.
Mare. 1 Leach, 72; 2 W. Bl. 721; 2 East, P. C. 1074.
Manner or Seaman. 2 Curt. Eccl. R. 336.
Mark. Trade mark. See 19 Pick. 214.
Married. Dying unmarried; without being married, and having children. 1
    Rop. Leg. 412; 3 Ves. 450, 454; C, 7 Ves. 454.
Matter in controversy. 2 Yeates, 276; 1 Serg. & Rawle, 269; 5 Binn. =
522; 3
    Dall. 404; 2 Dall. 260, n.
Matter in dispute. 3 Cranch, 159.
Matters in difference. 5 Mass. 334.
May. 1 Saund. 58, n. 1; 5 Johns. Ch. R. 101; 5 Cowen, 195; 14 Serg. =
&
Rawle, 429; 1 E. C. L. R. 46; 1 Pet. R. 46.
May assign. May suggest. Ib.; St 8 and 9 W. 3, c. 11, s. 8.
Meadows. 5 Cowen's R. 216; Co. Litt. 4, b.
Means. Platt. on Cov. 334-5.
Medals. Ward. on Leg. 221; 3 Atk. 201.
Merchandise. 8 Pet. 277.
Merchantable. 3 Campb. R. 462.
Merchantable quality. 20 Wend. R. 61.
Merits. 3 Watts & Serg. 273.
Mess. 2 Russ. C. & M. 360.
Mess Pork of Scott & Co. 2 Bing. N. C. 668.
Messuage and house. Cro. Eliz. 89; 2 Ch. Cas. 27; 2 T. R. 498; 1 Boss. =
&
Pull. 53.
Mill. 5 Serg. & Rawle, 107.
Mill privilege. 4 Shepl. R. 63.
Mill saw. 1 Fairf. R. 135.
Mill site. 15 Pick. 57; 6 Cowen, R. 677; 11 John. R. 191.
Minerals. 5 Watts, 34.
Misapply. 12 Ad. & Ell. 140; 40 E. C. L. R. 140.
Misnomer. 16 East, 110; 2 Stark. N. P. C. 29; Dunl. Pr. 238; 3 Camp. 29; =
2
    Caines' R. 362; 13 John. 486.
Mobilier. 3 Harr. Cond. R. 430.
Molest. Mo. 402; S. C. Cro. Eliz. 421.
Money. 15 Ves. 319; 3 Meriv. 691; 1 John. Ch. R. 231.
Money only. 7 T. R. 539, 549.
Money - Moneys. 14 John. R. 12.
Money deposited in court. 2 Gall. R. 146.
Money in the funds. 5 Price, R. 217.
Moneys. 1 John. Ch. R. 231.
More or less. 2 Pow. Mortg. 445, a, note; 2 Hen. & Munf. 164; 1 Ves. =
& B.
    376; 2 Barn. & Adol. 106; S. C. 22 E. C. L. R. 36; 1 Yeates, =
309; 6 Binn.
    102; 4 Serg. & Rawle, 493; 1 Serg. Rawle, 166; 5 Serg. & =
Rawle, 260; 1
Munf. 336; 2 Saund. 305, b, n.; 4 Mason's R. 418; Sudg. Vend. 231-2; Ow.
    133; 1 Campb. 337.
Mountain. 1 Str. 71; 1 Burr. 629.
Movables. Ward. on Leg. 210; Off. Ex. 252; Sir W. Jo. 225.
Mr. 3 C. & P. 59; S. C. 1 M. & M. 118.
Mrs. 3 C. & P. 59; S. C. 1 M. & M. 118.
Mutual credit. 8 Taunt. 499; 4 Burr. 2222; Cooke's Bankr. Laws, 536; 4 =
T.
    R. 211; 2 Smith's Lead. Cas. 178, and the cases there cited.
My fishing place. 1 Whart. R. 1.37.
My half part. 11 East, R. 163.
My inheritance. Hob. 2; 7 East, R. 97.
My seven children, naming only six. 2 Coxe, R. 164.
My property. 17 John. R. 281.
My house, and all that shall be in it at my death. 1 Bro. C. C. 129, n.; =
11
    Ves. 662,
My right heirs on the part of my mother. 4 Ves. 766.


Name and blood. 15 Ves. 92.
Navicular disease. Oliph. on Horses, 47.
Navigable river. 6 Cowen, 528; 21 Pick. R. 344.
Necessary. 4 Wheat. 413, 418; 7 Cowen, 606 2 A. K. Marsh. R. 84.
Necessary charges. 3 Greenl. 191.
Necessary implication. 1 Ves. & B. 466.
Necessary tools of a tradesman. 2 Whart. 26.
Needful. 4 Esp. R. 66.
Nerving. Oliph. on Law of Horses, 47; R. & M. 290.
Neurotomy. Oliph. on Horses, 47; R. & M. 290.
Never. 2 Atk. 32; Bayl. Bills, 4; Chit. Bills, 54; 3 Q. B. 239, 242.
New Manufacture. 4 Mann. & Gr. 580.
Next. Stra. 394; Cro. Jac. 646, 677: Bac. Ab. Conditions, P. 3; 2 John.
    190; 9 Cowen, 255.
Next of kin. 15 Ves. 109; 15 Ves. 536; 3 Bro. C. C. 355; Id. 64; 14 Ves. =
372.
Next of kin, or heir at law. 4 Ves. 469.
Next of kin, equal in degree. 12 Ves. 433.
Non-arrival. 2 B. & C. 564.
Non-resident. 4 L. R. 11.
Northerly. 1 John. 156. See 3 Caines, 293.
Northward. 3 Caines' R. 293; 1 John. R. 158.
Not liable for any damage to or from her sheathing. 20 Pick. 389.
Note or Notes. 7 Serg. & Rawle, 465.
Notes current in the city of New York. 19 John. R. 14 6.
Notice of action. 1 Holt's N. P. R. 27.
Now. 3 Penna. R. 288, 9; 4 Mann. & Gr. 99, 100.


Occupation. 7 W. & S. 330.
Occupied. 1 Breese's R. 70.
Of. 2 T. R. 431.
Of and concerning. 4 M. & Selw. 169; 3 Caines' R. 329; 5 Johns. R. =
211; 7
    Johns. R. 264; Id. 359; 3 Binn. 517; 1 Binn. 337. 5 Binn. 218.
Offence. 9 Car. & P. 525; S. C. 38 E. C. L. R. 222.
Office, or public trust. 2 Cowen, 29 n.; 20 Johns. 492; 1 Munf. 468.
Office of trust. 6 Blackf. 529.
On. 2 T. R. 431.
On arrival. 2 Campb. R. 532; Id. 327.
On condition. 4 Watts & Serg. 302.
On shore. 1 Bos. & Pull. 187.
On a stream. 3 Sumn. R. 170.
On the trial. 2 Whart. 159.
On payment of costs. 6 Cowen, R. 582; 5 J. J. Marsh. 243.
One day after date. 2 P. S. R. 496.
One pair of boots. 3 Harring. 559.
One whole year. 12 Mass. 262.
Once a week. 4 Peters' R. 361; 2 Miles, R. 150, 151.
One thousand dollars to the children of. 9 Verm. R. 41.
Openly. 2 Inst. 57; Bac. Ab. Merchant, &c.
Or, construed and. 2 Rop. Leg. 290; 1 P. Wms. 483; 2 Cox, 213; 2 P. Wms.
3    83; 2 Atk. 643; 6 Ves. 341; 2 Ves. Sen. 67; 2 Str. 1175; Cro. Eliz. =
525;
    Pollexf. 645; 1 Bing. 500; 3 T. R. 470; 1 Ves. Sen. 409; 3 Atk. 88, =
85; 1
   Supp. to Ves. Jr. 485; 2 Id. 9, 43, 114; 1 Yeates, 41, 319; 1 Serg. =
&
    Rawle, 141; 1 Wend. 396; 6 Toull. n. 703 and 704. Vide Disjunctive.
Or any other person. 15 Wend. 147.
Or by any other person. 3 Marrh. 720.
Or elsewhere. 2 Gall. R. 477.
Or otherwise. 1 Chit. R. 205, 6; Hawk. c. 2 5, s. 4. 1
Orchard. Cro. Eliz. 854.
Ordained minister. 4 Conn. 134.
Order, in chancery pleading. 7 Sim. R. 17.
Original. 6 Wheat. 396; 5 Serg. & Rawle, 549. Vide Courts of the =
United States.
Orphan. 3 Mer. 48; 2 Sim. & Stu. 93.
Other. 1 Brock. R. 187.
Other offices. 1 B. & C. 237. See 5 T. R. 375, 379; 5 B. & C. =
640; 8 D. &,
    R. 393.
Other writing. 1 Rawle, 231.
Otherwise. 1 Gall. R. 39.
Out of the State. 1 Johns. Cas. 76.
Out of the country. 3 Bibb, 510.
Out of their joint funds, according to the articles of association. 4 S. =
&
    R. 356.
Outfits. 1 Story, R. 603.
Out-house. 5 Day, 151; 4 Conn. 446.
Over the sea. Kirby, 299.
Overseers. 7 Mann. & Gr. 481,
Own use. 4 Rawle, R. 68.
Owned by them. 5 Cowen, 509.
Owner. 6 Nev. & M. 340.
Oxgang. Touchs. 93; Co. Litt. 5.
Oyster spat. 12 Ad. & Ell. 13; S. C. 40 E. C. L. R. 15.


Passage room. 2 Ld. Raym. 1470.
Passing through the town. 6 Ohio, R. 142.
Payable. 14 Ves. 470; 16 Ves. 172; 2 Supp to Ves. jr. 296; 13 Ves. 113; =
3
    Ves. 13; 2 C. 305.
Paying. Roll. Ab. 411; Bac. Ab. Conditions, A; Lane, 56, 78.
Paying thereout. Pick. 444.
Paying yearly ard every year. 3 Lom. Dig. 187.
Pearls. Dig. 34, 2, 18.
Peas. Bac. Ab. Merchant, &c. 1.
Pencil, writing. 1 Eccl. R. 406, 7; 5 B. & C. 234; 7 Dowl. & R. =
653; 1
    Stark. R. 267; 1 Phillim. R. 52, 53; 2 Phillim. R. 173.
Per annum. Bac. Ab. Covenant, F
Percussit. 2 Virg. Car. 111.
Perishable articles. 7 Cowen, 202.
Permitting and suffering. 6 Barn. & Cres. 295; Platt on Cov. 338.
Perpetual. 2 Bro. & B. 27; S. C. 6 B. Moo. 159.
Person liable. Eden's Bankr. Law, 146.
Personal estate. 1 Ves. & Bea. 415; 4 Ves. 76; 1 M'Cord, 349; 1 =
Dall. 403;
    2 Rawle, 162; 5 Mason, 544.
Personal ornaments. 1 Beav. R. 189.
Personal representatives. 1 Anst. 128.
Person of color. 3 Iredell, 455.
Pigs - Cattle. Russ. & Ry. Cr. Cas. 76.
Pilfering. 4 Blackf. 499.
Piratical. 2 How. S. C. 210.
Place. Office. 1 Munf. 468.
Places. 5 T. R. 375,379; 5 B. & C. 640; 8 D. & R. 393. See 1 B. =
& B. C. 237.
Pladtum. Skin. 550, 554.
Plant. 1 Mo. & Malk. 341; S. C. 22 E. C. L. R. 330.
Plantation. 2 Humph. 315.
Planting. 7 Conn., 186.
Pleasure. At her pleasure. Boyle on Char. 307.
Pleasure carriage. 9 Conn. 371; 11 Conn. 185; 18 John. 128; 19 John. =
442.
Plow land. Co. Litt. 5; Plowd. 167; Touchs. 93.
Plundered. 16 Pick. 1.
Poll-evil. Oliph. on Law of Horses, 49.
Poor. Poor kindred. Boyle on Char. 31; 17 Ves. 371; 1 Caines' R. 59.
Poor inhabilants. Ambl. 422.
Port. 2 B. & Ad. 43; S. C. 22 E. C - L. R. 23.
Port of destination. Port of discharge. 5 Mason, 404.
Possess 3. 1 Dev. & Bat. 452.
Posession. Coming into possession. 3 Br. C C. 180.
Postea. 1 Saund. 287.
Power coupled with an interest. 8 Wheat. 203; 2 Cowen, 196.
Power of attorney. 8 Pick. 490.
Praedict. Co. Litt. 20 b.
Preference. 1 Paine, 630.
Premises. AlI the premises. 17 Ves. 75; 1 East, R. 456.
Presented. 2 Hill, R. 582.
Price. A price clear of all expenses. 2 V. & B. 341.
Prime cost. 2 Mason, 53, 55.
Prior in date. 3 Day, 66.
Prison charges. 4 Greenl. 82.
Private charity. Turn. & Russ. 260.
Privileges and appurtenances. 14 Mass. 49; 17 Mass. 443.
Pro. A B, C D. 11 Mass. R. 97.
Proceed to tea. 9 Serg. & Rawle, 154; 2 Pet. Adm. Dec. 97, 93.
Procecding. 2 East, R. 213; 3 Com. Dig. 49, note; 1 Hall, 166; 8 Wend. =
167.
Proceedings thereupon. 16 Pet. 303, 313.
Proceeds. 4 Mason, 529.
Procreatis-Procreandis. 1 M. & S. 124.
Procure. 1 Car. & Marsh. 458.
Procurement. Platt. on Cov. 337.
Produce of a farm. 6 Watts & Serg. 269, 280.
Profesion.  7 W. & S. 330.
Promise. "I don't consider the land as yours prove your right to it, and
    I'll pay you for it." 9. Dow.. & R. 480; S. C. 22 E. C. L. R. =
394. " I
    promise never to pay." 2 Atk. 32; Bayl. Bills, 4; Chit, Bills, 54.
Promise to pay out of the proceeds of the next crop. 2 L. R. 259.
Prommisory note. Due A B three hundred and twenty-five dollars, payable =
on
    emand. 10 Wend. 675. To pay P D, or plaintiffs, or his or their =
order. 2
    B. & A. 417. "I, B C, promise to pay E F the sum of =F451 or his =
order,"
    signed, "B C or else H B." 4 B. & A. 679; 6 E. C. L. R. 563.
Proper county. 2 Yeates, 152; 7 Watts, 245.
Property. 6 Serg. & Rawle, 452; 17 Johns. R. 281; 6 Binn. 94; 18 =
Ves. 193;
    14 East, R. 370; 2 N. R. 214.
Property, personal and real. 1 Speers, Eq. Cas. 51, 56.
Property on board, 2 Metc. 1.
Proportion. Charge on estates in equal proportions. 3 Br. C. C. 286. In
    just and equal proportion. 7 Serg. & Rawle, 514.
Propietor. 6 Nev. & M. 340; Wordsw. Jo. St. Co. 338.
Prosecute with effect. 12 Mod. 380; 2 Selw. N. P. 1013, note.
Proviso. Com. Dig. Condition, A 2; Lit. s. 329; Id. 203, b; 2 Co. 71, b; =
1
Roll. Ab. 410, l. 30
Public house. 4 Leigh, 680.
Public policy. 9 E. C. L. R. 452.
Public sale. 4 Watts, R. 258.
Public trust. 20 John. 492; 2 Cowen, 29, n.
Public trade. 3 Q. B. 39.
Publish. 2 Dev. 115.
Published. 3 M. & W. 461; 9 Bing. 605; 5 B. & Adol. 518: 6 M. =
& W. 473; 8
    D. P. C. 392.
Purchasing. 6 Ves. 404.


Quamdiu. Orl. Bridg. 202.
Quantity and boundary. 2 Caines' Rep. 146.
Quit. 2 N. H. Rep. 402.
Quotation. Eden. Inj. 327, 328.


Race-field. 9 Leigh, 648.
Raffie. 2 Rep. Const. Conn. 128.
Raise. 1 Atk. 421; 2 Vern. 153.
Rascal. 2 Rep. Const. Ct. 235.
Real action. 10 Pick. 473; and see 16 Mass. 448; 7 Mass. 476; 4 Pick. =
169;
     8 Greenl. 106, 138.
Real cost. 2 Mason, 53, 55.
Realm. 1 Taunt. 270; 4 Campb. 289; Rose, 387.
Reasonable Notice. 1 Penn. R. 466. Vide Reasonable time, in the body of
   this work.
Rebuild. 3 Rawle, 482.
Receipts. 2 Gill & Johns. 511.
Received for record. 3 Conn. 544; 1 Root, R. 500; 2 Root, R. 298; Kirb. =
72.
Received note in payment. 2 Gill & John. 511.
Recollect. 1 Dana, R. 56.
Recomm@ation. 2 Ves. jun. 333, 529; 3 Ves. 150; 9 Ves. 546; Jacob's R. =
317;
    1 Sim. & Stu. 387.
Record and Docket. 1 Watts, 395.
Recovered in a suit. 5 Wend. R. 620.
Recovery. 2 Caines' R. 214; 1 Paine, 230,238.
Rectifier of spirits. 1 Pet. C. C. R. 180.
Refine. 1 Pet. C. C,. R. 113.
Refuse. Retounce. 3 Rawle, 398.
Refuse to execute. 10 E. C. L. R. 65; 1 Har. Dig. 442.
Relations, see Legatee. 2 Ch. Rep. 146, 394; Pr. Ch. 401; Cas. Temp. =
Talb.
    215; 1 P. Wms. 327; 2 Ves. jr. 527; Ambl. 70, 507, 595, 636; Dick. =
50, 380;
    1 Bro. C. C. 31; 3 Bro. C. C. 64, 234; 2 Vern. 381; 3 Ves. 231; 19 =
Ves.
    323; 1 Taunt. 163; 3 Meriv. 689; 5 Ves. 529; 16 Ves. 206; Coop. R. =
275;
    Com. Dig. App. Devise of personal property, viii. 30, 31, 32; 9 Ves. =
323; 3
    Mer. 689. Next relations, as sisters, nephews and nieces. 1 Cox, =
264. Poor
    relations. Dick. 380.
Release and forever quit claim. 10 Johns. R. 456.
Remaining untried. 5 Binn. 390.
Rents. 2 Penn. St. R. 165.
Rents and profits. 2 Ves. & Bea. 67; 6 Johns. Ch. R. 73; 1 Sand. =
Uses and
    Trusts, 318; 1 Ves. 171; 2 Atk. 358.
Repairs. 1 M 'Cord, 517.
Reprises. 1 Yeates, 477; 3 Penna. 477
Request. 2 Bro. C. C. 38; 3 Ver. & Bea. 198; 5 Madd. 118; 18 Ves. =
41; 1
    Moody Cr. Cas. 300.
Resident. 20 John. R. 211; 2 Pet. Adm. R. 450; 2 Scam. R. 377; 20 John.
    208; 7 Mann. & Gr. 9.
Reidence. 8 Wend. 45.
Residuary. 11 Ves. 92.
Residue. surplus, &c. 2 Atk. 168; 11 Ves. 330; 14 Ves. 364; 15 Ves. =
406; 18
    Ves. 466; Dick. 477; 1 Bro. C. C. 189; 4 Bro. C. C. 207; 1 Ves. jr. =
63; 1
    Wash. 45, 262; 3 Cal. 507; 3 Munf 76; 2 Des. Ch. R. 573; Prec. Ch. =
264; 2
    Vern. 690; Boyle on Char. 399, 8 Ves. 25-6.
Respective, Respectively. 2 Atk. 121; 3 Bro. C C. 404; 1 Meriv. 358; 2
    East, 41; Cowd. 34.
Rest. Alleyn, 28; 3. P. Wms. 63, n.
Rest and Residue. 2 Lee's Eccl. R. 270; 6 Eng. Eccl. Rep. 122; 11 East, =
R. 164.
Retained. 5 D. & E. 143,
Reversion. If the reversion should never fall to the testator. 10 Ves. =
453.
Revising-correcting. 2 Shepl. 205.
Revoked. 1 Cowen, R. 335; 16 John. R. 205.
Rice. 5 B. & P. 213.
Right. 2 Caines' R. 345.
Right and title in the deed. 2 Ham. 221.
Right, title, and interest. 4 Pick. 179.
Ringbone. Oliph. on Law of Horses, 48, 50.
River-feeder. 13 Pick. 50.
Rolling-mill. 2 Watts & Serg. 390.
Roots. 7 John. R. 385.
Running days. 1 Bell's Com. 577, 5th ed.


Said-saith. 3 Dowl. P. C. 455; 5 Tyr. 391 1 Gale, 47.
Said 1 Chit. Cr. Law, *174; 2 Car. Law Rep. 75.
    To sail. 3 M. & S. 461,
Sail from. 3 B. & C. 501.
Same. Cro. Eliz. 838.
Sand crack. Oliph. on Law of Horses, 13.
Sanguini Suo. Bac. Ab. Legacies and Devises, c 1.
Sans recourt. Chit. Bills, 266; 1 Leigh's N. P. 405.
Sarsaparilla. 7 John. R. 385.
Satisfied. 1 M'Cord, Ch. 53; 2 John. 395.
Satisfactory proof. 10 John. R. 167.
Saving. 2 Roll. Ab. 449.
School. 1 M. & S. 9.5; Vin. Ab. h. t.
Schools of learning. Wilm. Opin. & Judgm. 14; 2 Vern. 387; 14 Ves. =
7; Sim.
    109; Jac. 474.
Sea stores. 1 Baldw. R. 504.
Sealed. Harp. R. 1.
Security. 13 John. 481; 3 Blackf. 431.
Secured to be paid. 1 Paine's R. 518; 12 Wheat. 487.
See him paid. Fell on Guar. 36-7; 1 Ld. Raym. 224; Cows. 227; 2 T. R. =
86.
Seised. Bac. Ab. Uses and Trusts, part 1, D.
Sell. To sell. Boyle on Char. 307; 9 Greenl. 128.
Sell and convey. 3 Fairf. 460. See also 2 Greenl. 22.
Sell for at the pits mouth. 7 T. R. 676; S. C. 1 B. & P. 524; 5 T. =
R. 564.
Seen. 2 Hill, R, 582. ,
Semini suo. Bac. Ab. Legacies and Devises, C 1.
Servant. 5 Lo. Rep. 15.
Served. 6 S. & R. 281.
Settled. 2 Leach, 910.
Setting fire. 2 East, P. C. 1020.
Seventh child. 3 Bro. C. C. 148; S. C. 2 Cox, 258.
Seventy acres, being and lying in the southwest corner of section. 2 =
Ham.
    327; see 4 Monr. 63.
Shall. 1 Vern. 153.
Shall be lawful. 2 D. R. 172; 4 B. & A. 271; 1 B. & C. 35; 2 T. =
R. 172; 1
B. & C. 85; 4 B. & A. 271; 3 N. S. 532.
Shall and may. 1 E. C. L. R. 46; 5 John. Ch. R. 101; 5 Cowen, 193; 1 Cr. =
&
    Mees. 355; 3 Tyrrw. 272.
Shall sell at the pit's mouth. 7 T. R. 676.
Share. 3 Mer. 348.
Share and share alike. 3 Desaus. 143.
Ship damage. Abbott on Shipm. 204; Bac. Ab Merchant, &c. H.
Shop. 5 Day, 131; 4 Conn. 446.
Shovel plough. 3 Brev. 5.
Should be secured. 5 Binn 496.
Signing. I, A B, do make this my will. 18 Ves. 183.
Silks. 1 Carr. & Marsh. 45.
Silver dollars - Good, wares, and mercandise 2 Mason, R. 407.
Sitfasts. Oliph. on Law of Horses, 53; 9 M. & W. 670
Six handkerchief. 1 Moody, Cr. Cas. 25.
Sixty pounds in specie, or tobacco at specie specie. Mart. S. C. R. 20.
Skins. 7 John. R. 385; 7 Cowen, R. 202.
So long as wood grows or water runs. 1 Verm. 303.
Sold. 3 Wend. R. 112.
Sold and conveyed. 2 Serg. & Rawle, 473.
Sole. 1 Madd. R. 207; 1 Supp. to Ves. jr. 410; 4 Rawle, 66; 10 Serg. =
&
    Rawle, 209; 4 W. C. C. R. 241; 3 Penna. R. 64, 201.
Solvent. 10 Ves. 100; Gow on Partn. 409.
Soon as convenient. 1 Ves. jr. 366; 19 Ves. 387.
Southwest corner of _________ section. 2 Ham. 327.
Spawn. 12 Add. & Ell. 13; S. C. 40 E. C. L. R. 15.
Specially. 1 Dall. 208; 1 Binn. 254.
Specifically. 16 Ves. 451.
Splint. Oliph. on Law of Horses, 55; 1 M. & Sco. 622.
Stab, stick and thrust. 2 Virg. Cas. 111.
Stable. 1 Lev. R. 58; 3 M. & R. 475.
Stage. Stage, coach. 8 Adol. & Ell. 386; 35 E. C. L. R. 409; 9 Con. =
371; 11
    Conn. 385.
Steam boiler. Wright, R. 143.
Sterling. 1 Carr. & P. 286.
Stock in the funds. 5 Price, R. 217.
Stock in trade. Bunb. 28.
Store. 10 Mass. 153. See 4 John. 424; 1 N. & M. 583; 2 N. H. Rep. 9.
Straw. 4 C. & P. 245; S. C. 19 Eng. Com. Law Rep. 367; 1 Moody, C. =
C. 239.
Stretching along the bay. 2 John. R. 357; Harg. Law Tracts, 12.
Strict settlement. 4 Bing. N. C. 1.
Stringhalt. Oliph. on Law of Horses, 56.
Subject to the payment of rent. 5 Penn. St. Reps. 204.
Subject to incumbrancs. 2 P. Wms. 385; 1 Atk. 487; 2 P. Wms. 659, note =
by Cox.
Submission - consent. 9 C. & P. 722; S. C. 38 E. C. L. R. 306.
Subscriber. 6 B. & Cr. 341.
Subscription list. 2 Watts, 112.
Substantial inhabitants. 2 M. & R. 98; S. C. 8 B. & Cr. 62.
Such. 2 Atk. 292.
Suit at law. 23 Pick. 10
Sum in controverty. 9 Serg. & Rawle, 301.
Summit of a mountain. 3 Watts & Serg. 379.
Superfine flour. 9 Watts, R. 121.
Supersede. 1 Pick. R. 261.
Superstitious use. 1 Watts, 224.
Support. A decent and comfortable support and maintenance out of my =
estate,
    in sickness and in health during my natural life. 2 Sandf. Ch. R. =
91.
Surety. 1 Scam. R. 35.
Surplus. 18 Ves. 466; 3 Bac. Ab. 67; 2 Pa. St. R. 129.
Survivors. 17 Ves. 482; 5 Ves. 465.
Survivor and survivors. 3 Burr. 1881; 8 B. & Cr. 231.
Suine. 15 Mass. 205.


Take. 2 Pet. R. 538.
Take and fill shares. 1 Fairf. 478.
Taken out of the state. 1 Hill, 150.
Tapering. 2 Stark. N. P,. C. 249.
Taxes and other public dues. 2 Leigh, R. 178.
Tea kettle and appurtenances. Ward on Leg. 222; Mos. 47; 1 Eq. Ab. 201.
Ten acres of pease. 1 Brownl. 149.
Terra. Cro. Jac. 573; Palm. 102; 4 Mod. 98; Cowp. 349.
Testamentary estate. 2 H. Bl. 444; Vide 6 B. Moo. 268; S. C. 3 Bro. =
& B. 85.
That is to say. 1 Serg. & Rawle, 141.
The county aforesaid. 2 Bl. R. 847.
The dangers of the river excepted. 1 Miss. R. 81; 2 Bailey's R. 157.
The said defendant. 2 Marsh. R. 101; S. C. 6 Taunt. R. 122, 406.
The said E. R. 9 C. & P. 215; S. C. 38 E. C. L. R. 87.
The said N. 2 Car. Law Repos. 75.
The said property. 3 Mann & Gr. 356.
The parties shall abide by the award of arbitrators, 6 N. H. Rep. 162.
The said plaintiff. 2 Marsh. R. 101; S. C. 6 Taunt. R. 122, 406.
The same rents and covenants. 1 Bro. P. C. 522; 3 Atk. 83; Cowp. 819; 2
    Bro. Ch. R. 639, note.
Them. 9 Watts, R. 346; Orl. Bridg. 214.
Them or any of them. 3 Serg. & Rawle, 393.
    Then. Then and there. 2 Atk. 398; 4 Ves. 698, 1 P. Wms. 594; 1 =
Brown's C.
C. 190; Ld. Raym. 577; Id. 1,23.
Then next. 9 Cowen, 255.
Thereabouts. Moll. 232.
Thereafter. 13 L. R. 556.
Thereafter built. 2 Leigh, 721.
Thereinbefore mentioned. Ward. on Leg. 105, 344; 7 Ves. 391.
Thereafterwards continuing his said assault. 2 Mass. 50.
Therefore the defendant is indebted. 1 T. R. 716; 2 B. & P. 48.
Thing patented. 1 How. U. S. 202.
Thereunto belonging. 22 E. C. L. R. 171.
This indenture. 2 Wash. 58.
Things. 11 Ves. 666.
Third parties. 1 N. S. 884.
This demise. 2 Bl. R. 973.
Thrush. Oliph. on Law of Horses, 59.
Thousand. 3 B. & Ad. 728.
Through. 7 Pick. R. 274.
To be kept by the secretary. 1 Scott's N. R. 215.
Timber. 7 Johns. R. 234; 1 Madd. Ch. 140, n.
Time. Till she arrives. From her beginning to load. On the ship's =
arrival.
    And is there moored twenty-four hours in good safety. 8 Chit. Com. =
Law,
    462. Within four days. 15 Serg. & Rawle, 43. Time being. Ang. =
Corp. 284.
Title. An indefeasable title in fee simple, such as the state makes. 3
    Bibb, R. 317; 4 Shepl. R. 164.
To a stream. 3 Sumn. R. 170.
To be begotten. 1 M. & S. 124.
To be by her freely possessed and enjoyed. 12 S. & R. 56; Cows. 352.
To be signed and published by her, in the presence of, and to be =
attested
    by two or more credible witnesses. Curt. Eccl. R. 1.
To be paid when in funds. Minor's R. 173; 7 Greenl. R. 126.'
To them. 9 Watts, 351, 352.
To do the needful. 4 Esp. R. 66.
To, from or by. 1 Shepley's R. 198.
To settle. 2 Miles, R. 1.
To his knowledge and belief. 1 H. Bl. 245.
To the best of his knowledge and belief. 8 T. R. 418; 1 Wils. 232.
To the legatees above named. 17 S. & R. 61.
To the order. 1 Watts. & Serg. 418.
To render a fair and perfect account, in writing, of all sums received. =
1
    Dougl. R. 382
To sue. 3 B. & C. 178, 1083.
To wait awhile. 1 Penna. R. 385.
Toll. 2 Show,. 34.
Took the oath in such case required by the act of congress. 5 Leigh's R. =
743.
Tools. 2 Whart. 26.
Touch and stay. 1 Marsh. Ins. 188; 1 Esp. N. R. 610; Wesk. Ins. 548.
Transact all business. 22 E. C. L. R. 397; 1 Taunt. R. 349; 5 B. & =
Ald.
    204, 210, 211; 1 Yo. & Col. 394.
Transaction. 7 Mann. & Gr. 538.
Treasonable practices. 1 Stuart's L. C. R. 4.
Tree. 2 Dev. 162.
Trees, woods, coppice - wood grounds, of what kind or growth soever. 4
Taunt. 316.
True value. 17 Wheat. R. 419; 1 Stuart's L. C. R. 419.
Trifling. 1 W. & S. 328; 14 S. & R. 349.
Trinkets. 1 Carr. & Marsh. 45.
Truly. 2 Brock. R. 484, 5.
Tunc. 5 Mann. & Gr. 696.
Turnpike Road. 20 Johns. R. 742.
Two years after demand. 8 D. & R. 347.


Unavoidable accident. 1 Brock. R. 187.
Understood. 2 Cox's Ch. R. 16.
Underwood. 2 Rolle's R. 485.
Unexecuted writ. 1 Barr. N. J. Rep. 154.
Unless. Boyle on Char. 291; 1 Mer. 102; 3 Id. 65, 79; 3 Burr. 1550.
Unmarried. 2 Supp. to Ves. jr. 43; 2 Barn. & Ald. 452. Without being
    married. 7 Ves. 458.
Until. Cows. 571; 5 East, 250; Cas. t. Hard. 116. Until she hath moored =
at
    anchor twenty-four hours in good safety. Park, Ins. 35; 1 Marsh. =
Ins. 262;
    2 Str. 1248; 1 Esp. Rep. 412.
Unto and amongst. 9 Ves. 445.
Up the creek. 1 Wilc. R. 508.
Used. 1 Chit. Pr. 214.
Use till paid. Kirb. 145.
Useful invention. 1 Mason, R. 302; 4 Wash. C. C. R. 9.
Usque. 2 Mod. 280.
Usual clauses. 2 Chit. Com. Law, 227; 1 Mer. R. 459.
Usual covenants. Platt on Cov. 430.
Usual terms. 8 Mod. 308; Barnes, 330; 3 Chit. Pr. 705.
Usurped power. 2 Marsh. Ins. 700; 2 Wils. 363.
Usury. Vide 2 Rick. (2d ed.) 152, n. 1; 5 Mass. R. 53; 7 Mass. R. 36; 10
    Mass. R. 121; 13 Mass. R. 443; 4 Day, R. 37; 2 Com. R. 341; 7 Johns. =
R.
    402; S. C. 8 Johns. R. 218; 4 Dall. R. 216; 2 Dall. R. 92; 6 Munf. =
R. 430,
    433; 3 Ohio R. 18; 1 Blackford's R. 336; 1 Fairfield, R. 315; 2 =
Chit. Cr.
    Law, *549; 3 Ld. Raym. 36; Trem. P. C. 269; Co. Entr. 394, 435; =
Rast. Entr.
    689; Cro. C. C. 743; Com. Dig. Usury, C; 4 Bl. Com. 158; Hard. 420.


Vacancies. 2 Wend. 273.
Vacancy. 1 Breese's R. 70.
Valuable things. 1 Cox, t7; 1 Bro. C. C. 467.
Value received. 3 M. & S. 351; 5 M. & S. 65; 5 B. & C. 360; =
S. C. 11 Engl.
    C. L. R. 252; 3 Kent, Com. 50; Maxw. L. Dict. h. t.; 1 Hall, 201; 1 =
Blackf.
    R. 41; 2 M'Lean, R. 213. True value. 11 Wheat. 419.
Vegetable production. 1 Mo. & Mal. 341.
Victual. 3 Inst. 195; Hale's P. C. 152; Cro. Car. 231 Bac. Ab.
    Forestalling, B; 1 East, R. 169.
Victualler. 9 E. & E. 406; 6 Watts & Serg. 278.
Videlicet. 8 Ves. 194.
Village or town. Co. Litt. 5; Plowd. 168; Touchst. 92.
Voluntary assignment. 3 Sumn. R. 345.


Wantonness. 1 Wheel. Cr. Cas. 365; 4 W. C. C. R. 534; 1 Hill, 46, 363.
Warbles. Oliph. on Law of Horses, 53; 9 M. & W. 670.
Warehouse. Cro. Car. 554; Gilb. Ej. 57; 2 Rosc. R. Act. 484; 8 Mass. =
490.
Waste. 1 Ves. 461; 2 Ves. 71.
Watch. Ward on Leg. 221; Mos. 112.
Water lots. 14 Pet. R. 302.
Way. In, through, and along. 1 T. R. 560.
Well and truly execules the duties of his office. 1 Pet. R. 69.
Well and truly to administer. 9 Mass. 114, 119, 370; 13 John. 441; 1 =
Bay, 328.
Well and truly to administer according to law. 1 Litt. R. 93, 100.
What I may die possessed of. 8 Ves. 604; 3 Call, 225.
What remains. 11 Ves. 330.
Wharf. 6 Mass. 332.
Wheat. An unthrashed parcel of wheat. 1 Leach, 494; 2 East, P. C. 1018; =
2
    T. R. 255.
Wheezing. Oliph. on Law of Horses, 61.
When. 6 Ves. 239; 11 Ves. 489; 3 Bro. C. C. 471.
When able. 3 Esp. 159; 3 E. C. L. R. 264, note; 4 Esp. 36.
When received. 13 Ves. 325.
When the same shall be recovered. lb.
When or if. 1 Hare, R. 10.
When paid. 15 S. & R. 114.
Wherefore he prays judgment, &c. 2 John. Cas. 312.
Whereupon. 6 T. R. 573.
Whilst. 7 Fast, 116.
Wholesale factory prices. 2 Conn. R. 69.
Widows and Orphans. 2 Sim. & Stu. 93.
Wife. 3 Ves. 570.
Wilful. 1 Benth. Ev. 351.
Wilful and corrupt. 1 Benth. Rat. Jud. Ev. 351.
Wilfully. 8 Law Rep. 78.
Will. He will change. 2 B. & B. 223.
With. 2 Vern. 466; Prec. Ch. 200; 1 Atk. 469; 2 Sch. & Lef. 189; 3 =
Mer.
    437; 2 B. & Ald. 710; 2 B. & P. 443.
With all faults. 5 B. & A. 240; 7 E. C. L. R. 82; 3 E. C. L. R. 475.
With surety. 6 Binn. 53; 12 Serg. & Rawle, 112.
With the prothonotary. 5 Binn. 461.
With all usual and reasonable covenauts. 12 Ves. 179, 186; 3 Bro. C. C.
    632; 15 Ves. 528; 3 Anstr. 700.
With sureties. 2 Bos. & Pull. 443.
With effect. 2 Watts & Serg. 33.
With liberty. 8 Gill & John. 190.
Within four days. 15 Serg. & Rawle, 43.
Within ___ days after. 3 Serg. & Rawle, 395.
Without fraud, deceit or oppression. 6 Wend. 454.
Without prejudice. 2 Chit. Pr. 24, note (x); 3 Mann. & Gr. 903.
Without recourse. 1 Cowen, 538; 3 Cranch, 193; 7 Cranch, 159; 12 Mass. =
172;
    14 Serg. & Rawle, 325; 8 W. & S. 353; 2 Penn. St. R. 200. =
Vide article Sans
    Recours, in the body of this work.
Without reserve. 5 Mass. R. 34.
Wm. William. 1 Scam. R. 451.
Wood. Cro. Jac. 166.
Wood-land. 1 Serg. & Rawle, 169.
Woods. 4 Mass. 268.
Working days. 1 Bell's Com. 577, 5th ed
Worldly labor. 4 Bing. 84; S. C. 13 R. 351.
Worth and value. 3 B. & C. 516.
Writing. 14 John. 484; 8 Ves. 504; 2 M. & S. 286; 17 Ves. 459.
Writing in pencil. 1 Eng. Eccl. Rep. 406.


Yard lane. Touchs. 93; Co. Litt. 5.
Yearly meeting of Quakers. 6 Conn. 393.
Yearly meeting. 6 Conn. 292.
You. 2 Dowl. R. 145; S. C. 6 Leg. Obs. 138.

CONSTRUCTIVE. That which is interpreted.

2. Constructive presence. The commission of crimes, is, when a party = is not=20 actually present, an eye-witness to its commission but, acting with = others,=20 watching while another commits the crime. 1 Russ. Cr. 22.

3. Constructive larceny. One where the taking was not apparently = felonious,=20 but by construction of the prisoner's acts it is just to presume he = intended at=20 the time of taking to appropriate the property feloniously to his own = use; 2=20 East, P. C. 685; 1 Leach, 212; as when he obtained the delivery of the = goods=20 animo furandi. 2 N. & M. 90. See 15 S. & R. 93; 4 Mass. 580; I = Bay,=20 242.

4. Constructive breaking into a house. In order to commit a burglary, = there=20 must be a breaking of the house; this may be actual or constructive. A=20 constructive breaking is when the burglar gains an entry into the house = by=20 fraud, conspiracy, or threat. See Burglary, A familiar instance of = constructive=20 breaking is the case of a burglar who coming to the house under pretence = of=20 business, gains adiuittance, and after being admitted, commits such acts = as, if=20 there had been an actual brooking, would have amounted to a burglary = Bac. Ab.=20 Burglary, A. See 1 Moody Cr. Cas. 87, 250.

5. Constructive notice. Such a notice, that although it be not = actual, is=20 sufficient in law; an example of this is the recording of a deed, which = is=20 notice to all the world, and so is the pendancy of a suit a general = notice of an=20 equity. 4 Bouv. Inst. n. 3874. See Lis pendens.

6. Constructive annexation. The annexation to the inheritance by the = law, of=20 certain things which are not actually attached to it; for example, the = keys of a=20 house; and heir looms are constructively annexed. Shep. Touch. 90; Poth- = Traits=20 des Choses, 1.

7. Constructive fraud. A contract or act, which, not originating in = evil=20 design and contrivance to perpetuate a positive fraud or injury upon = other=20 persons, yet, by its necessary tendency to deceive or mislead them, or = to=20 violate a public or private confidence, or to impair or injure public = interest,=20 is deemed equally reprehensible with positive fraud, and therefore is = prohibited=20 by law, as within the same reason and mischief as contracts and acts = done malo=20 animo. 1 Story, Eq. 258 to 440.

CONSUETUDINES FEUDORUM. The name of an institute of the feudal = system=20 and usages, compiled about the year 1170, by authority of the emperor = Frederic,=20 surnamed Barbarossa. Ersk. Inst. B. 2, t. 3, n. 5. CONSUL, government, = commerce.=20 Consuls are commercial agent's appointed by a government to reside in = the=20 seaports of a foreign country, and commissioned to watch over the = commercial=20 rights an@ privileges of the nation deputing them. A vice-consul is one = acting=20 in the place of a consul.

2. Consuls have been greatly multiplied. Their duties and privileges = are now=20 generally limited, defined and secured by commercial treaties, or by the = laws of=20 the countries they represent. As a general rule, it may be laid down = that they=20 represent the subjects or citizens of their own nation, not otherwise=20 represented. Bee, R. 209 3 Wheat. R. 435; 6. Wheat. R., 152; 10 Wheat. = 66; 1=20 Mason's R. 14.

3. This subject will be considered by a view, first, of the = appointment,=20 duties, powers, rights, and liabilities of American consuls; and = secondly, of=20 the recognition, duties, rights, and liabilities of foreign consuls.

4. - 1. Of American consuls. First. The president authorized by the=20 Constitution of the United States, art. 2, s. 2, el. 3, to nominate, = and, by and=20 with the advice and consent of the senate, appoint consuls.

5. - Secondly. Each consul and vice-consul is required, before he = enters on=20 the execution of his office, to give bond, with such sureties as shall = be=20 approved by the secretary of state, in a sum not less than two thousand = nor more=20 than ten thousand dollars, conditioned for the true and faithful = discharge of=20 the duties of his office, and also for truly accounting for all moneys, = goods=20 and effects which may come into his possession by virtue of the act of = 14th=20 April, 1792, which bond is to be lodged in the office of the secretary = of State.=20 Act of April 14, 1792, sect. 6.

6. - Thirdly. They have the power and are required to perform many = duties in=20 relation to the commerce of the United States and towards masters of = ships,=20 mariners, and other citizens of the United States; among these are the = authority=20 to receive protests or declarations which captains, masters, crews, = passengers,=20 merchants, and others make relating to American commerce; they are = required to=20 administer on the estate of American citizens, dying within their = consulate, and=20 leaving no legal representatives, when the laws of the country permit = it; [see 2=20 Curt. Ecc. R. 241] to take charge and secure the effects of stranded = American=20 vessels in the absence of the master, owner or consignee; to settle = disputes=20 between masters of vessels and the mariners; to provide for destitute = seamen=20 within their consulate, and send them to the United States, at the = public=20 expense. See Act of 14th April, 1792; Act of 28th February, 1803, ch. = 62; Act of=20 20th July, 1840, Ch. 23. The consuls are also authorized to make = certificates of=20 certain facts in certain cases, which receive faith and credit in the = courts of=20 the United States. But those consular certificates are not to be = received in=20 evidence, unless they are given in the performance of a consular = function; 2=20 Cranch, R. 187; Paine, R. 594; 2 Wash. C. C. R. 478; 1 Litt. R. 71; nor = are they=20 evidence, between persons not parties or privies to the transaction, of = any=20 fact, unless, either expressly or impliedly, made so by statute. 2 Sumn. = R.=20 355.

7. - Fourthly. Their rights are to be protected agreeably to the laws = of=20 nations, and of the treaties made between the nation to which they are = sent, and=20 the United States. They are entitled, by the act of 14th April, 1792, s. = 4, to=20 receive certain fees, which are there enumerated. And the consuls in = certain=20 places, as London, Paris, and the Barbary states, receive, besides, a=20 salary.

8. - Fifthly. A consul is liable for negligence or omission to = perform,=20 seasonably, the duties imposed upon him, or for any malversation or = abuse of=20 power, to any injured person, for all damages occasioned thereby; and = for all=20 malversation and corrupt conduct in office, a consul is liable to = indictment,=20 and, on conviction by any court of competent jurisdiction, shall be = fined not=20 less th