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Bouvier's Law Dictionary

Condemnation
Condemnation. The Sentence Of A Competent Tribunal Which Declares A Ship Unfit For Service. This Sentence May Be Re Examined And Litigated By The Parties Inter Ested In Disputing It ; 5 Esp. 65; Abb. Sh. 15; 30 L. J. A. 145. The Judgment, Sentence, Or Decree By Which Property ...

Condition
Condition. In Civil Law. The Situation Of Every Person In Some One Of The Different Orders Of Persons Which Compose The General Order Of Society And Allot To Each Person Therein A Distinct, Separate Rank. Domat, Tom. Ii. 1. 1, Tit. 9, Sec. I. Art. Viii. A Paction Or Agreement ...

Conditional Fee
Conditional Fee. A Fee Which, At The Common Law, Was Restrained To Some Par Ticular Heirs, Exclusive Of Others. It Was Called A Conditional Fee By Reason Of The Condition, Expressed Or Implied In The Donation Of It, That If The Donee Died Without Such Particular Heirs, The Land Should ...

Condonation
Condonation. The Conditional For Giveness Or Remission, By A Husband Or Wife, Of A Matrimonial Offence Which The Other Has Committed. "a Blotting Out Of An Imputed Offence Against The Marital Relation So As To Restore The Offending Party To The Same Position He Or She Occupied Before The Offence ...

Confederacy
Confederacy. In Criminal Law. An Agreement Between Two Or More Persons To Do An Unlawful Act Or An Act Which Though Not Unlawful In Itself, Becomes So By The Confederacy. The Technical Term Usually Employed To Signify This Offence Is Conspir Acy. See State V. Crowley, 41 Wis. 284, 22 ...

Confederate Money
Confederate Money. Contracts Made During The Rebellidn In Confederate Money May Be Enforced In The United States Courts, And Parties Compelled To Pay In Law Ful Money Of The United States The Actual Value Of The Notes At The Time And Place Of Contract; Effinger V. Kenney, 115 U. S. ...

Confederate States Of America
Confederate States Of America. The Confederate States Were A De Facto Gov Ernment In The Sense That Its Citizens Were Bound To Render The Government Obedience In Civil Matters, And Did Not Become Responsi Ble, As Wrong-doers, For Such Acts Of Obedi Ence ; Thorington V. Smith, 8 Wall. (u. ...

Confession
Confession. In Criminal Law. The Voluntary Admission Or Declaration Made By A Person Who Has Committed A Crime Or Mis Demeanor, To Another, Of The Agency Or Par Ticipation Which He Had In The Same. Peo Ple V. Parton, 49 Cal. 632 ; State V. Novak, 109 Ia. 717, 79 ...

Confidential Communications
Confidential Communications. Those Statements With Regard To Any Trans Action Made By One Person To Another During The Continuance Of Some Relation Between Them Which Calls For Or Warrants Such Com Munications. At Law, Certain Classes Of Such Communi Cations Are Held Not To Be Proper Subjects Of Inquiry In ...

Conflict Of Laws
Conflict Of Laws. A Contrariety Or Opposition In The Laws Of States Or Countries In Cases Where The Rights Of The Parties, From Their Relations To Each Other Or To The Sub Ject-matter In Dispute, Are Liable To Be Affect Ed By The Laws Of Both Jurisdictions. As A Term ...

Confusion Of Goods
Confusion Of Goods. Such A Mix Ture Of The Goods Of Two Or More Persons That They Cannot Be Distinguished. When This Takes Place By The Mutual Con Sent Of The Owners, They Have An Interest In The Mixture In Proportion To Their Re Spective Shares; Silsbury V. Mccoon, 6 ...

Congress
Congress. An Assembly Of Deputies Con Vened From Different Governments To Treat Of Peace Or Of Other International Affairs ; As The Congress Of Berlin To Settle The Terms Of . Peace Between Russia And Turkey In 1878, Composed Of Representations Of The Great Powers Of Europe. In Theory A ...

Connivance
Connivance. An Agreement Or Consent, Indirectly Given, That Something Unlawful Shall Be Done By Another. Connivance Differs From Condonation, Though The Same Legal Consequences May Attend It. Conniv Ance Necessarily Involves Criminality On The Part Of The Individual Who Connives; Condonation May Take Place Without Imputing The Slightest Blame To ...

Conquest
Conquest (lat. Conquiro, To Seek For). In Feudal Law. Purchase ; Any Means Of Obtaining An Estate Out Of The Usual Course Of Inheritance. The Estate Itself So Acquired. According To Blackstone And Slr Henry Spelman, The Word In Its Original Meaning Was Entirely Dis Sociated From Any Connection With ...

Consanguinity
Consanguinity (lat. Eonsanguis, Blood Together). The Relation Subsisting Among All The Dif Ferent Persons Descending From The Same Stock Or Common Ancestor. See Sweezey V. Willis, 1 Brad. Surr. R. (n. Y.) 495. Having The Blood Of Some Common Ances Tor. Blodget V. Brinsmaid, 9 Vt. 30. Collateral Eonsanguivity Is ...

Consent
Consent (lat. Con, With, Together; Sen Tire, To Feel). A Concurrence Of Wills. Empress Consent Is That Directly Given, Ei Ther Viva Voce Or In Writing. Implied Consent Is That Manifested By Signs, Actions, Or Facts, Or By Inaction Or Silence, From Which Arises An Inference That The Consent Has ...

Conservator Of The Peace
Conservator Of The Peace. He Who Hath An Especial Charge, By Virtue Of His Office, To See That The King's Peace Be Kept. Before The Reign Of Edward Iii., Who Created Justices Of The Peace, There Were Sundry Persons Interested To Keep The Peace, Of Whom There Were Two Classes: ...

Consideration
Consideration. An Act Or Forbear Ance, Or The Promise Thereof, Which Is Offer Ed By One Party To An Agreement, And Accept Ed By The Other As An Inducement To That Other'a Act Or Promise. Poll. Contr, 91. Blackstone Defines It To Be The Reason Which Moves A Contracting Party ...

Consolidation Rule
Consolidation Rule. An Order Of The Court Requiring, The Plaintiff To Join In One Suit Several Causes Of Action Against The Same Defendant Which May Be So Joined Consist Ently With The Rules Of Pleading, But Upon Which Be Has Brought Distinct Suits. Brown V. Scott, 1 Dall. (pa.) 147, ...

Constable
Constable. An Officer Whose Duty It Is To Keep The Peace In The District Which Is As Signed To Him. See Sheriff. The Most Satisfactory Derivation Of The Term And History Of The Origin Of This Office Is That Which Deduces It From The French Comestable (lat. Comes Stabuli), Who ...

Constitution
Constitution. The Fundamental Law Of A State, Directing The Principles Upon Which The Government Is Founded, And Regu Lating The Exercise Of The Sovereign Powers, Directing To What Bodies Or Persons Those Powers Shall Be Confided And The Manner Of Their Exercise. An Established Form Of Government; A System Of ...

Constitution Of The United
Constitution Of The United States Of America. The Supreme Law Of The United States. It Was Framed By A Convention Of Delegates From All Of The Original Thirteen States (ex Cept Rhode Island), Which Assembled At Phil Adelphia On The 14th Of May, 1787. On Sep Tember 17, 1787, By ...

Constitutional
Constitutional. That Which Is Con Sonant And Agrees With The Constitution. Laws Made In Violation Of The Constitu Tion Are Null And Void. It Is Well Establish Ed That It Is The Function Of The Courts So To Declare Them In Any Case Coming Before The Court, Which Involves The ...

Constitutions Of Clarendon
Clarendon, Constitutions Of. Certain Statutes Made In The Reign Of Henry Il At A Parliament Held At Clarendon (a. D. 1164) By Which The King Checked The Pow Er Of The Pope And His Clergy And Greatly Narrowed The Exemption They Claimed From Secular Jurisdiction. Previous To This Time, There ...

Construction
Construction (lat. Construere, To Put Together). In Practice. Determining The Meaning And Application As To The Case In Question Of The Provisions Of A Constitution, Statute, Will, Or Other Instrument, Or Of An Oral Agreement. Drawing Conclusions Respecting Subjects That Lie Beyond The Direct Expression Of The Term. Lieber, Leg. ...

Consul
Consul. A Commercial Agent Appointed By A Government To Reside In A Seaport Or Other Town Of A Foreign Country, And Com Missioned To Watch Over The Commercial Rights And Privileges Of The Nation Deputing Him. The Term Includes Consuls-general And Vice-consuls. Rev. Stat. 4130. A Vice-contful Is One ...

Consular Courts
Consular Courts. By Act Of June 22, 1860, Ministers And Consuls Are Invested With Judicial Authority In China, Japan, Si Am, Egypt And Madagascar, To Try And To Sentence "all Citizens Of The United States Charged With Offences Against Law Committed In Such Countries" And To Issue Process In Execution ...

Contagious Diseases
Contagious Diseases. Diseases Which Are Capable Of Being Transmitted By Mediate Or Immediate Contact. Persons Sick Of Such Disorders May Re Main In Their Own Houses; Boom V. City Of Utica, 2 Barb. (n. Y.) 104; But Are Indict Able For Exposing Themselves In A Public Place Endangering The Public. ...

Contempt
Contempt. A Wilful Disregard Or Diso Bedience Of A Public Authority. By The Constitution Of The United States, Each House Of Congress May Determine The Rules Of Its Proceedings, Punish Its Members For Disorderly Behavior, And, With The Con Currence Of Two-thirds, Expel A Member. The Same Provision Is Substantially ...

Continuance
Continuance. The Adjournment Of A Cause From One Day To Another Of The Same Or A Subsequent Tenet. The Postpopenaent Of The Trial Of A Cause. In The Ancient Practice, Continuances Were Entered Upon The Record, And A Variety Of Forms Adapted To The Different Stages Of The Suit Were ...

Continuing Offence
Continuing Offence. When An Of Fence Consumes A Great Length Of Time In Its Perpetration, The Question Often Arises Wheth Er It Is But A Single Offence Or Whether It Can Be Split Into A Number Of Indictments. The Test Is That, If The Transaction Is Set In Motion By ...

Continuing Torts
Continuing Torts. Ordinarily The Dam Ages Which., May Be Recovered For A Tort In Clude Only Compensation For The Injury Suf Fered To The Time Of Suit, And The Theory Formerly Acted Upon Was That Each Continu Ance Of A Trespass Or A Nuisance Was A Fresh One For ...

Contra F 0 Rmam
Contra F 0 Rmam Statuti (lat. Against The Form Of The Statute). The Formal Man Ner Of Alleging That The Offence Described In An Indictment Is One Forbidden By Statute. When One Statute Prohibits A Thing And Another Gives The Penalty, In An Action For The Penalty The Declaration Should ...

Contraband Of War
Contraband Of War. In Internation Al Law. Goods Which Neutrals May Not Car Ry In Time Of War To Either Of The Belligerent Nations Without Subjecting Themselves To The Loss Of The Goods, And Formerly The Owners, Also, To The Loss Of The Ship And Other Cargo, If Intercepted. 1 ...

Contract
Contract (lat. Contractus, From Con, With, And Traho, To Draw. Contractus Ultro Utroque Obligatio Est Quam, Arced Ouuablania Vocant. Fr. Contrat). An Agreement Between Two Or More Par Ties To Do Or Not To Do A Particular Thing. Taney, C. J., Charles River Bridge V. War Ren Bridge, 11 Pet. ...

Contracts
Contracts. In The Older Cases It Is Held That It Is A General Principle Applying To Contracts Made, Rights Acquired, Or Acts Done Relative To Personal Property, That The Law Of The Place Of Making The Contract, Or Do Ing He Act, Is To Govern It And Determine Its Validity ...

Contracts For The Benefit
Third Person, Contracts For The Benefit 0 F. The English Rule Is That Only He Can Sue From Whom The Consideration Has Moved. That Is, Even A Promisee Cannot Sue, If He Has Not Provided The Considera Tion ; 1 B. & S. 393 ; L. R. 4 Q. B. ...

Contracts To Satisfaction
Satisfaction, Contracts To. A Term Used To Express A Class Of Contracts In Which One Party Agrees To Perform His Prom Ise To The Satisfaction Of The Other. The Cases Have Been Classified By Prof. Lawson, In 46 Cent. L. J. 360, As Follows : 1. Where The Fancy, Taste, ...

Contractual Obligation
Contractual Obligation. The Ob Ligation Which Arises From A Contract Or Agreement. In The Roman Law The Expression Was A Familiar One, And, Taking The Result Of The Discussions Of The Subject By Writers On The Civil Law, And Keeping In View Both The Etymology And The Use Of The ...

Contribution
Contribution. Payment By One Or More Persons Who Are Liable, In Company With Others, Of A Proportionate Part Of The Whole Liability Or Loss, To One Or More Of The Parties So Liable Upon Whom The Whole Loss Has Fallen Or Who Has Been Compelled To Dis Charge The Whole ...

Conversion
Conversion. In Equity. The Exchange Of Property From Real To Personal Or From Personal To Real, Which Takes Place Under Some Circumstances In The Consideration Of The Law, Such As, To Give Effect To Directions In A Will Or Settlement, Or To Stipulations In A Contract, Although No Such Change ...

Conveyance
Conveyance. The Transfer Of The Title Of Land From One Person Or Class Of Persons To Another. Dickerman V. Abrahams, 21 Barb. (n. Y.) 551; Abendroth V. Town Of Greenwich, 29 Conn. 356. There Is No Magical Meaning In This Word ; It Denotes An Instrument Which Carries From , ...

Conviction
Conviction (lat. Connictio; From Con, With, Vinoime, To Bind). In Practice. That Legal Proceeding Of Record Which Ascertains The Guilt Of The Party And Upon Which The Sentence Or Judgment Is Founded. Nason V. Staples, 48 Me. 123; Corn. V. Lockwood, 109 Mass. 323, 12 Am. Rep. 699; Com. V. ...

Coroner
Coroner. An Officer Whose Principal Duty It Is To Hold An Inquisition, With The Assistance Of A Jury, Over The Body Of Any Person Who May Have Come To A Violent Death, Or Who Has Died In Prison. It Is His Duty, In Case Of The Death Of The Sheriff ...

Corporation
Corporation. A Body, Consisting Of One Or More Natural Persons, Established By Law, Usually For Some Specific Purpose, And Continued By A Succession Of Members. "an Artificial Being Created By Law And Composed Of Individuals Who Subsist As A Body Politic Under A Special Denomination With The Capacity Of Perpetual ...

Corpus Delicti
Corpus Delicti. The Body Of The Of Fence ; The Essence Of The Crime. It Is A General Rule Not To Convict Unless The Corpus Delicti Can Be Established, That Is, Until The Fact That The Crime Has Been Act Ually Perpetrated Has Been First Proved. Hence, On A Charge ...

Correction
Correction. Chastisement, By One Hav Ing Authority, Of A Person Who Has Commit Ted Some Offence, For The Purpose Of Bringing Him Into Legal Subjection. It Is Chiefly Exercised In A Parental Man Ner By Parents, Or Those Who Are Placed In Loco Parentis. A Parent May Therefore Jus Tify ...

Costs
Costs. The Expenses Incurred By The Parties In The Prosecution Or Defence Of A Suit. They Are Distinguished From Fees In Being An Al Lowance To A Party For Expenses Incurred In Con Ducting His Suit; Whereas Fees Are A Compensation To An Officer For Services Rendered In The Progress ...

Council Of Law Reporting
Reporting, Council Of Law. The Incorporated Council Of Law Reporting For England And Wales Has Charge Of Reporting And Publishing The Cases In Those Two Coun Tries. Reporti. A Printed Or Written Collec Tion Of Accounts Or Relations Of Cases Judicial Ly Argued And Determined. The Value And Force Of ...