2. When laws are made in violation of the constitution, they are null and void: but the courts will not declare such a law void unless there appears to be a clear and unequivocal breach of the constitution. 4 Dall. R. 14; 3 Dall. R. 399; 1 Cranch, R. 137; 1 Binn. R. 415 6 Cranch, R. 87, 136; 2 Hall's Law Journ. 96, 255, 262; 3 Hall's Law Journ. 267; Wheat. Dig. tit. Constitutional Law; 2 Pet. R. 522; 2 Dall. 309; 12 Wheat. R. 270; Charlt. R. 175, .235; 1 Breese, R. 70, 209; 1 Blackf. R. 206 2 Porter, R. 303; 5 Binn. 355; 3 S. & R. 169; 2 Penn. R. 184; 19 John. R. 58; 1 Cowen, R. 550; 1 Marsb. R. 290 Pr. Dec. 64, 89 2 Litt. R. 90; 4 Monr R. 43; 1 South. R. 192; 7 Pick. R. 466; 13 Pick. R. 60 11 Mass. R. 396; 9 Greenl. R. 60; 5 Hayw. R. 271; 1 Harr. & J. 236; 1 Gill & J. 473; 7 Gill & J. 7; 9 Yerg. 490; 1 Rep. Const. Ct. 267; 3 Desaus. R. 476; 6 Rand. 245; 1 Chip. R. 237, 257; 1 Aik. R. 314; 3 N. H. Rep. 473; 4 N. H. Rep. 16; 7 N. H. Rep. 65; 1 Murph. R. 58. See 8 Law Intell. 65, for a list of decisions made by the supreme court of the United States, declaring laws to be unconstitutional.
CONSTITUTOR, civil law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation. Inst. 4, 6, 9.
CONSTRAINT. In the civil and Scottish law, by this term is understood 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 no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.
3. The constraint requisite thus to annul a contract, must be a vis aut me us 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. 1, art. 1, page 295.
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CONSUMATE. What is completed. A right is said to be initiate, when it is not complete; and when it is perfected, it is consummated.
CONSUMMATION. The completion of a thing; as the consummation of marriage; (q. v.) the consummation of a contract, and the like.
2. A contract is said to be consummated, when everything to be done in relation to it, has been accomplished. It is frequently of great importance to know when a contract has been consummated, in order to ascertain the rights of the parties, particularly in the contract of sale. Vide Delivery, where the subject is more fully examined. It is also sometimes of consequence to ascertain where the consummation of the contract took place, in order to decide by what law it is to be governed.
3. It has been established as a rule, that when a contract is made by persons absent from each other, it is considered as consummated in, and is governed by the law of, the country where the final assent is given. If, therefore, Paul in New Orleans, order goods from Peter in London, the contract is governed by the laws of the latter place. 8 M. R. 135; Plowd. 843. Vide Conflict of Laws;, Inception; Lex Loci Contractus; Lex Fori; Offer.
CONSUMMATION OF MARRIAGE. The first time that the husband and wife cobabit together, after the ceremony of marriage has been performed, is thus called.
2. The marriage, when otherwise legal, is complete without this; for it is a maxim of law, borrowed from the civil, law, that consensus, non concubitus, facit nuptias. Co. Litt. 33; Dig. 50, 17, 30; 1 Black. Com. 434.
CONTAGIOUS DISORDERS, police, crim. law. Diseases which are capable of being transmitted by mediate or immediate contact.
2. Unlawfully and injuriously to expose persons infected with the smallpox or other contagious disease in the public streets where persons are passing, or near the habitations of others, to their great danger, is indictable at common law. 1 Russ. Cr. 114. Lord Hale seems to doubt whether if a person infected with the plague, should go abroad with intent to infect another, and another should be infected and die, it would not be murder; and he thinks it clear that though there should be no such intent, yet if another should be infected, it would be a great misdemeanor. 1 Pl. Cor. 422. Vide 4 M. & S. 73, 272; Dane's Ab. h. t.
CONTEMPORANEOUS EXPOSITION. The construction of a law, made shortly after its enactment, when the reasons for its passage were then fresh in the minds of the judges, is considered as of great weight: contemporanea expositio est optima et fortissima in lege. 1 Cranch, 299.
CONTENTIOUS JURISDICTION, eccl. law. In those cases where there is an action or judicial process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding, as in taking probate of wills, granting letters of administration, and the like. 3 Bl. Com. 66.
CONTESTATIO LITIS, civil law. The joinder of issue in a cause. Code of Pr. of Lo. art. 357.
CONTESTATION. The act by which two parties to an action claim the same right, or when one claims a right to a thing which the other denies; a controversy. Wolff, Dr. de la Nat. 762.
CONTEXT. The general series or composition of a law, contract, covenant, or agreement.
2. When, there is any obscurity in the words of an agreement or law, the context must be considered in its construction, for it must be performed according to the intention of its framers. 2 Cowen, 781,; 3 Miss. 447 1 Harringt. 154; 6 John. 43; 5 Gill & John. 239; 3 B. & P. 565; 8 East, 80 1 Dall. 426; 4 Dall. 340; 3 S. & R. 609 See Construction; Interpretation.
CONTINGENT. What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event. 9 Ves. It. 110; Co. Bankr. Laws, 245; 7 Ves. It. 301; 1 Ves. & Bea. 176; 8 Ves. R. 334; 1 Rose, R. 523; 3 T. R. 539; 4 T. R. 570. A contingent legacy is one which is not vested. Will. on Executors, h. t. See Contingent Remainder; Contingent Use.
CONTINGENT DAMAGES. Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided. 1 Str. 431.
CONTINGENT ESTATE. A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born. Crabb on Real Property, b. 3, c. 1, sect. 2. 946.
CONTINGENT REMAINDER, estates. An estate in remainder which is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event, by, which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect. 2, Bouv. Inst. n. 1832. Vide Remainder.
CONTINGENT USE, estates. A use limited in a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use. A contingent use is such as by possibility may happen in possession, reversion or remainder. 1 Rep. 121 Com. Dig. Uses, K. 6.
CONTINUAL CLAIM, English law. When the feoffee of land is prevented from taking possession by fear of menaces or bodily harm, he may make a claim -to the land in the presence of the vares, and if this claim is regularly made once every year and a day, which is then called a continual claim, it preserves to the feoffee his rights, and is equal to a legal entry. 3 Bl. Com. 175; 2 Bl. Com. 320; 1 Chit. Pr. 278 (a) in note; Crabbe's Inst. E. L. 403.
CONTINUANDO, plead. The Dame of an averment sometimes contained in a declaration in trespass, that the injury or trespass has been continued. For example, if Paul turns up the ground of Peter and tramples upon his grass, for three days together, and Peter desires to recover damages, as well for the subsequent acts of treading down the grass and subverting the soil, as for the first, he must complain of such subsequent trespasses in his actions brought to compensate the former. This he may do by averring that Paul, on such a day, trampled upon the herbage and turned up the ground, " continuing the said trespasses for three days following." This averment seems to impart a continuation of the same identical act of trespass; it has, however, received, by continued usage, another interpretation, and is taken, also, to denote a repetition of the same kind of injury. When the trespass is not of the same kind, it cannot be averred in a continuando; for example, when the injury consists in killing and carrying away an animal, there remains nothing to which a similar injury may again be offered. 1 Wms. Saund. 24, n. 1.
2. There is a difference between he continuando and the averment diversis diebus et temporibus, on divers days and times. In the former, the injuries complained of have been committed upon one and the same occasion; in the latter, the acts complained of, though of the same kind, are distinct and unconnected, See Gould, Pl. ch. 3, 86, et seq.; Ham. N. P. 90, 91 Bac. A. Trespass, I 2, n. 2.
CONTINUING CONSIDERATION. A continuing consideration is one which in point of time remains good and binding, although it may have served before to Support a contract. 1 Bouv. Inst. n. 628; 1 Saund. 320 e, note (5.)
CONTINUING DAMAGES. Those which are continued at different times, or which endure from one time to another. If a person goes upon successive day's and tramples the grass of the plaintiff, he commits continuing damages; or if one commit a trespass to the possession, and it is in fact injurious to him who has the reversion or remainder, this will be continuing damages. In this last case the person in possession may have an action of trespass against the wrong doer to his possession, and the reversioner has an action against him for an injury to the reversion. 1 Chit. Pr. 266, 268, 385; 4 Burr. 2141 , 3 Car. & P. 817.
CONTRA. Over; against; opposite to anything: as, such a case lays down a certain principle; such other case, contra.
CONTRA BONOS MORES. Against good morals.
2. All contracts contra bonos mores, are illegal. These are reducible to Several classes, namely, those which are, 1. lncentive to crime. A claim cannot be sustained, therefore, on. a bond for compounding a crime; as, for example, a prosecution for perjury; 2 Wils. R. 341, 447; or for procuring a pardon. A distinction has been made between a contract made as a reparation for an injury to the honor of a female, and one which is to be the reward of future illicit cohabitation; the former is good and valid, and the latter is illegal. 3 Burr. 1568; 1 Bligh's R. 269.
3. - 2. Indecent or mischievous consideration. An obligation or engagement prejudicial to the feelings of a third party; or offensive to decency or morality; or which has a tendency to mischievous or pernicious consequences, is void. Cowp. 729; 4 Campb. R. 152; Rawle's R. 42; 1 B. & A. 683; 4 Esp. Cas. 97; 16 East R. 150; Vide Wagers.
4. - 3. Gaming. The statutes against gaming render all contracts made for the purpose of gaming, void. Vide Gaming; Unlawful; Void.
CONTRA FORMAM STATUTI. Contrary to the form of the statute.
2.- 1. When one statute prohibits a thing and another gives the penalty, i n an action for the penalty, the declaration should conclude contra fornam statutorum. Plowd. 206; 2 East, R. 333; Esp. on Pen. Act. 111; 1 Gallis. R. 268. The same rule applies to informations and indictments. 2 Hale, P. C. 172; 2 Hawk. c. 25, 117 Owen, 135.
3. - 2. But where a statute refers to a former one, and adopts and, continues the provisions of it, the declaration or indictment should conclude contraformam statuti. Hale, P. C, 172; 1 Lutw. 212.
4. - 3. Where a thing is prohibited by several statutes, if one only gives the action, and the others are explanatory and restrictive, the conclusion should be contra formam statuti. Yelv. 116; Cro. Jac. 187 Noy, 125, S. C.; Rep. temp. Hard. 409 Andr. 115, S. C.; 2 Saund. 377.
5. - 4. When the act prohibited was not an offence or ground of action at common law, it is necessary both in criminal and civil cases to conclude against the form of the statute or statutes. 1 Saund, 135, c.; 2 East, 333; 1 Chit. Pl. 358; 1 Saund. 249; 7 East, 516; 2 Mass. 116; 7 Mass. 9; 11 Mass. 280; 10 Mass. 36; 1 M'Cord, 121; 1 Gallis. 30.
6. - 5. But if the act prohibited by the statute is an offence or ground of action at common law, the indictment or action may be in the common law form, and the statute need not be noticed, even though it prescribe a form of prosecution or of action-the statute remedy being merely cumulative. 2 Inst. 200; 2 Burr.-803; 4 Burr. 2351; 3 Burr. 1418; 2 Wils. 146; 3 Mass. 515.
7. - 6. When a statute only inflicts a punishment on that which was an offence at common law, the offence prescribed may be inflicted, though the statute is not noticed in the indictment. 2 Binn. 332.
8. - 7. If an indictment for an offence at common law only, conclude "against the form of the statute in such case made and provided;" or " the form of the statute" generally, the conclusion will be rejected as surplusage, and the indictment maintained as at common. law. 1 Saund. 135, 3.
9. - 8. But it will be otherwise if it conclude against the form of "the statute aforesaid," when a statute has been previously recited. 1 Chit. Cr. Law, 266, 289. See further, Com. Dig. Pleader C 76; 5 Vin. Abr. 552, 556 1 Gallis. 26, 257; 9 Pick. 162 5 Pick. 128 2 Yerg. 390; 1 Hawks. 192; 3 Conn. 1 11 Mass. 280; 5 Greenl. 79.
CONTRA PACEM, pleadings. Against the peace.
2. In actions of trespass, the words contra pacem should uniformly accompany the allegation of the injury; in some cases they are material to the foundation of the action. Trespass to lands in a foreign country cannot be sustained. 4 T. R. 503 2 Bl. Rep.. 1O58.
3. The conclusion of the declaration, in trespass or ejectment, should be contra pacem , though these are now mere words of form, and not traversable, and the omission of that allegation will be aided, if not specially demurred to. 1 Chit. Pl. 375, 6 vide Arch. Civ. Pl. 169; 5 Vin. Ab. 557 Com. Dig. Action upon the case, C 4 Pleader, 3, M 8; Prohibition, F 7.
CONTRABAND, mar. law. Its most extensive sense, means all commerce which is carried on contrary to the laws of the state. This term is also used to designate all kinds of merchandise which are used, or transported, against the interdictions published by a ban or solemn cry.
2. The term is usually applied to that unlawful commerce which is so carried on in time of war. Merlin, Repert. h. t. Commodities particularly useful in war are contraband as arms, ammunition, horses, timber for ship building, and every kind of naval stores. When articles come into use as implements of war, which were before innocent, they may be declared to be contraband. The greatest difficulty to decide what is contraband seems to have occurred in the instance of provisions, which have not been held to be universally contraband, though Vattel admits that they become so on certain occasions, when there is an expectation of reducing an enemy by famine.
3. In modern times one of the principal criteria adopted by the courts for the decision of the question, whether any particular cargo of provisions be confiscable as contraband, is to examine whether tbose provisions be in a rude or manufactured state; for all articles, in such examinations, are treated with greater indulgence in their natural condition than when wrought tip for the convenience of the enemy's immediate use. Iron, unwrought, is therefore treated with indulgence, though anchors, and other instruments fabricated out of it, are directly contraband. 1 Rob. Rep. 1 89. See Vattel, b. 3, c. 7 Chitty's L. of Nat. 120; Marsh. Ins. 78; 2 Bro. Civ., Law, 311; 1 Kent. Com. 135; 3 Id. 215. 4. Contraband of war, is the act by which, in times of war, a neutral vessel introduces, or attempts to introduce into the territory of, one of the belligerent parties, arms, ammunition, or other effects intended for, or which may serve, hostile operations. Merlin, Repert. h. t. 1 Kent, Com. 135; Mann. Comm. B. 3, c. 7; 6 Mass. 102; 1 Wheat. 382; 1 Cowen, 56 John. Cas. 77, 120.
CONTRACTION. An abbreviation; a mode of writing or printing by which some of the letters of a word are omitted. See Abbreviations.
CONTRACTOR. One who enters into a contract this term is usually applied to persons who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed price, or to furnish goods to another at a fixed or ascertained price. 2 Pardess. n. 300. Vide 5 Whart. 366.
CONTRADICTION. The incompatibility, contrariety, and evident opposition of two ideas, which are the subject of one and the same proposition.
2. In general, when a party accused of a crime contradicts himself, it is presumed he does so because he is guilty for truth does not contradict itself, and is always consistent, whereas falsehood is in general inconsistent and the truth of some known facts will contradict thefalsehood of those which are falsely alleged to be true. But there must still be much caution used by the judge, as there may be sometimes apparent contradictions which arise either from the timidity, the ignorance, or the inability of the party to explain himself, when in fact he tells the truth.
3. When a witness contradicts himself as to something which is important in the case, his testimony will be much weakened, or it may be entirely discredited and when he relates a story of facts which he alleges passed only in his presence, and he is contradicted as to other facts which are known to others, his credit will be much impaired.
4. When two witnesses, or other persons, state things directly opposed to each other, it is the duty of the judge or jury to reconcile these apparent contradictions; but when this cannot be done, the more improbable statement must be rejected; or, if both are entitled to the same credit, then the matter is as if no proof had been given. See Circumstances.
CONTRAFACTION, crim. law. Counterfeiting, imitating. In the French law contrafaction (contrefacon) is the illegal reprinting of a took for which the author or his assignee has a copyriglit, to the prejudice of the latter. Merl' Repert. mot Contrefacon.
CONTRAVENTION, French law. An act which violates the law, a treaty or an agreement which the party has made. The Penal Code, art. 1, denominates a contravention, that infraction of the law punished by a fine, which does not exceed fifteen francs, and an imprisonment not exceeding three days.
CONTRECTATION. The ability to be removed. In order to commit a larceny, the property must have been removed. When, from its nature, it is incapable of contrectation, as real estate, there can be no larceny. Bowy. Mod. Civ. Law, 268. See Larceny Furtum est contrectatio rei fraudulosa. Dig. 47, 2. See Taking.
CONTREFACON, French law. Counterfeit. This is a bookseller's term, which signifies the offence of those who print or cause to be printed, without lawful authority, a book of which the author or his assigns have a copyright. Merl. Rep. h. t.
CONTROLLERS. Officers who are appointed, to examine the accounts of other officers. More usually written comptrollers. (q. v.)
CONTROVER, obsolete. One who invents false news. 2 Inst. 227.
CONTROVERSY. A dispute arising between two or more persons. It differs from case, which includes all suits criminal as well as civil; whereas controversy is a civil and not a criminal proceeding. 2 Dall. R. 419, 431, 432; 1 Tuck. Bl. Com. App. 420, 421; Story, Const. 1668.
2. By the constitution of the United States the judicial power shall extend to controversies to which the United States shall be a party. Art. 2, 1. The meaning to be attached to the word controversy in the constitution , is that above given.
CONTUBERNIUM, civ. law. As among the Romans, slaves had no civil state, their marriages, although valid according to natural law, when contr acted with the consent of their masters, and when there was no legal bar to them, yet were without civil effects; they having none except what arose from natural law; a marriage of this kind was called contubernium. It was so called whether both or only one of the parties was a slave. Poth. Contr. de Mariage, part 1, c. 2, 4. Vicat, ad verb.
CONTUMACY, civil law. The refusal or neglect of a party accused to appear and answer to a charge preferred against him in a court of justice. This word is derived from the Latin contumacia, disobedience. 1 Bro. Civ. Law, 455; Ayl. Parer. 196; Dig. 50, 17, 52; Code Nap. art. 22.
2. Contumacy is of two kinds, actual and presumed: actual contumacy is when the party before the court refuses to obey some order of the court; presumed contumacy is the act of refusing or declining to appear upon being cited. 3 Curt. Ecc. R. 1.
CONTUMAX, civ. law. One accused of a crime who refuses to appear and answer to the charge. An outlaw.
CONTUSION, med. jurisp. An injury or lesion, arising from the shock of a body with a large surface, which presents no loss of substance, and no apparent wound. If the skin be divided, the injury takes the name of a contused wound. Vide 1 Ch. Pr, 38; 4 Carr. & P. 381, 487, 558, 565; 6 Carr. & P. 684; 2 Beck's Med. Jur. 178.
CONUSANCE, CLAIM OF, English law. This is defined to be an intervention by a third person, demanding judicature in the cause against the plaintiff, who has chosen to commence his action out of claimant's court. 2 Wilson's R. 409.
2. It is a question of jurisdiction between the two courts Fortesc. R. 157; 5 Vin. Abr. 588; and not between the plaintiff and defendant, as in the case of plea to the jurisdiction, and therefore it must be demanded by the party entitled to conusance, or by his representative, and not by the defendant or his attorney. Id. ibid. A plea to the jurisdiction must be pleaded in person, but a claim of conusance may be made by attorney. 1 Chit. Pl. 403.
3. There are three sorts of conusance. 1. Tentere placita, which does not oust another court of its jurisdiction, but only creates a concurrent one. 2. Cognitio placitorum, when the plea is commenced in one court, of which conusance belongs to another. 3. A conusance of exclusive jurisdiction; as that no other court shall hold pica, &c. Hard. 509 Bac. Ab. Courts, D.
CONUSANT. One who knows as if a party knowing of an agreement in which he has an interest, makes no objection to it, he is said to be conusant. Co. Litt. 157.
CONUSOR. The same as cognizor; one who passes or acknowledges a fine of lands or tenements to another. See Consignor. CONVENE, civil law. This is a technical term, signifying to bring an action.
CONVENTIO, canon law. The act of convening or calling together the parties, by summoning the defendant. Vide Reconvention. When the defendant was brought to answer, he was said to be convened, which the canonists called conventio, because the plaintiff and defendant met to contest. Sto. Eq. Pl. 402; 4 Bouv. Inst. n. 4117.
CONVENTION, contracts, civil law. A general term which comprehends all kinds of contracts, treaties, pacts, or agreements. It is defined to be the consent of two or more persons to form with each other an engagement, or to dissolve or change one which they had previously formed. Domat, Lois Civ. 1. 1, t. 1, s. 1 Dig. lib. 2, t. 14, 1. 1 Lib. 1, t. 1, 1. 1, 4 and 5; 1 Bouv. Inst. n. 100.
CONVENTION, legislation. This term is applied to a selecting of the delegates elected by the people for other purposes than usual legislation. It is mostly used to denote all assembly to make or amend the constitution of, a state, but it sometimes indicates an assembly of the delegates of the people to nominate officers to be supported at an election.
CONVERSANT. One who is in the habit of being in a particular place, is said to be conversant there. Barnes, 162.
CONVERSION. torts. the uulawful turning or applying the personal goods of another to the use of the taker, or of some other person than the, owner; or the unlawful destroying or altering their nature. Bull. N. P. 44; 6 Mass. 20; 14 Pick. 356; 3 Brod. & Bing. 2; Cro. Eliz. 219 12 Mod. 519; 5 Mass. 104; 6 Shepl. 382; Story, Bailm. 188, 269, 306; 6 Mass. 422; 2 B. & P. 488; 3 B. & Ald. 702; 11 M. & W. 363; 8 Taunt. 237; 4 Taunt. 24.
2. When a party takes away or wrongfully assumes the right to goods which belong to another, it will in general be sufficient evidence of a conversion but when the original taking was, lawful, as when the party found the goods, and the detention only is illegal, it is absolutely necessary to male a demand of the goods, and there must be a refusal to deliver them before the conversion will, be complete. 1 Ch. Pr. 566; 2 Saund. 47 e, note 1 Ch. Pl. 179; Bac. Ab. Trover, B 1 Com. Dig. 439; 3 Com. Dig. 142; 1 Vin. Ab. 236; Yelv. 174, n.; 2 East, R. 405; 6 East, R. 540; 4 Taunt. 799 5 Barn. & Cr. 146; S. C. 11 Eng. C. L. Rep. 185; 3 Bl. Com. 152; 3 Bouv. Inst. n. 3522, et seq. The refusal by a servant todeliver the goods entrusted to him by his master, is not evidence of a conversion by his master. 5 Hill, 455.
3. The tortious taking of property is, of itself, a conversion 15 John. R. 431 and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner, or the nature of the bailment, if it be bailed, is, evidence of a conversion. 1 Nott & McCord, R. 592; 2 Mass. R. 398; 1 Har. & John. 519; 7 John. R. 254; 10 John. R. 172 14 John. R. 128; Cro. Eliz. 219; 2 John. Cas. 411. Vide Trover.
CONVERSION, in equity, The considering of one thing as changed into another; for example, land will be considered as converted into money, and treated as such by a court of equity, when the owner has contracted to sell his estate in which case, if he die before the conveyance, his executors and not his heirs will be entitled to the money. 2 Vern. 52; S., C. 3 Chan. R. 217; 1 B1. Rep. 129. On the other hand, money is converted into land in a variety of ways as for example, when a man agrees to buy land, and dies before he has received the conveyance, the money he was to pay for it will be considered as converted into lands, and descend to the heir. 1 P. Wms. 176 2 Vern. 227 10 Pet. 563; Bouv. Inst. Index, h. t.
CONVICIUM, civil law. The name of a species of slander, or, in the meaning of the civil law, injury, uttered in pubic, and which charged some one with some act contra bonos mores. Vicat, ad verb; Bac. Ab. Slander.
CONVOCATION, eccles. law. This word literally signifies called together. The assembly of the representatives of the clergy. As to the powers of convocations, see Shelf. on M. & D. 23., See Court of Convocation.
CONVOY, mar. law. A naval force under the command of an officer appointed by government, for the protection of merchant ships and others, during the whole voyage, or such part of it as is known to require such protection. Marsh. Ins. B. 1, c. 9, s. 5 Park. Ins. 388.
2. Warranties are sometimes inserted in policies of insurance that the ship shall sail with convoy. To comply with this warranty, five things are essential; first, the ship must sail with the regular convoy appointed by the government; secondly, she must sail from the place of rendezvous appointed by government; thirdly, the convoy must be for the Voyage; fourthly, the ship insured must have sailing instructions; fifthly, she must depart and continue with the convoy till the end of the voyage, unless separated by necessity. Marsh. Ins. B. 1, c. 9, s. 5.
CO-OBLIGOR, contracts. One who is bound together with one or more others to fulfil an obligation. As to what will constitute a joint obligation, see 5 Bin. 199; Windham's Case, 5 Co. 7; 2 Ev. Poth. 63; Ham. Parties, 29, 20, 24; 1 Saund. 155; Saunders, Arguendo and note 2; 5 Co. 18 b, 19 a, Slingsly's Case. He may be jointly, or severally bound.
2. When obligors are jointly and not severally bound to pay a joint debt, they must be sued jointly during their joint lives, and after the death of some of them, the survivors alone can be sued; each is bound to pay the whole debt, having recourse to the others for contribution. See 1 Saund. 291, n. 4; Hardress, 198; 2 Ev. Poth. 63, 64, 66. Yet an infant co-obligor need not be joined, for his infancy may be replied to a plea of non-joinder in abatement. 3 Esp. 76; 5 Esp. 47; also, see 5 Bac. Abr. 163-4; 2 Vern. 99; 2 Moss. Rep. 577; 1 Saund. 291 b, n. 2; 6 Serg. & R. 265, 266; 1 Caines' Cases in Err. 122.
3. When co-obligors are severally bound, each may be sued separately; and in case of the death of any one of them, his executors or administrators may be sued.
4. On payment of the obligation by any one of them, when it was for a joint debt, the payer is entitled to contribution from the other co-obligors.
COOL BLOOD. A phrase sometimes used to signify tranquillity, or calmness; that is, the condition of one who has the calm and undisturbed use of his reason. In cases of homicide, it frequently becomes necessary to. ascertain whether the act of the person killing was done in cool blood or not, in order to ascertain the degree of his guilt. Bac. Ab. Murder, B; Kiel 56 Sid. 177 Lev. 180. Vide Intention; Murder; Manslaughter; Will.
CO-OPTATION. A concurring choice. Sometimes applied to the act of the members of a corporation, in choosing a person to supply a vacancy. in their body.
COPARCENERS, estates. Persons on whom lands of inheritance descend from their ancestor. According to the English law, there must be no males; that is no the rule in this country. Vide Estates in Coparcenary, and 4 Kent, Com. 262; 2 Bouv. Inst. n. 187 L-2.
COPARTNER. One who is a partner with one or more other persons; a member of a partnership.
COPARTNERSHIP. This word is frequently used in the sense of partnership. (q. v.)
CO-PLAINTIFF. One who is plaintiff in an action with another.
COPULATIVE TERM. One which is placed between two or more others to join them together: the word and is frequently used for this purpose. For example, a man promises to pay another a certain sum of money, and to give his note for another sum: in this case he must perform both.
2. But the copulative may sometimes be construed into a disjunctive, (q. v.) as, when things are copulated which cannot possibly be so; for example, " to die testate and intestate." For examples of construction of disjunctive terms, see the cases cited at the word Disjunctive, and Ayl. Pand. 55; 5 Com. Dig. 338; Bac. Ab. Conditions, P 5; Owen, 52; Leon. 74; Golds. 71; Roll. Ab. 444; Cro. Jac. 594.
COPY. A copy is a true transcript of an original writing.
2. Copies cannot be given in evidence, unless proof is made that the originals, from which they are taken, are lost, or in the power of the opposite party; and in the latter case, that notice has been given him to produce the original. See 12 Vin. Abr. 97; Phil. Ev. Index, h. t.; Poth. Obl. Pt. 4, c. 1, art. 33 Bouv. Inst. n. 3055. 3. To prove a copy of a record, the witness must be able to swear that he has examined it, line for line, with the original, or has examined the copy, while another person read the original. 1 Campb. R. 469. It is not requisite that the persons examining should exchange, papers, and read them alternately. 2 Taunt. R. 470. Vide, generally, 3 Bouv. Inst. n. 3106-10; 1 Stark. R. 183; 2 E. C. L. Rep. 183; 4 Campb. 372; 2 Burr.1179; B.N.P.129; 1 Carr. & P. 578. An examined copy of the books of unincorporated banks are not, per se, evidence. 12 S. & R. 256. See 13 S. & R. 135, 334; 2 N. & McC. 299.
COPYHOLD, estate in the English law. A copyhold estate is a parcel of a manor, held at the will of the lord, according to the custom of the manor, by a grant from the lord, and admittance of the tenant, entered on the rolls of the manor court. Cruise, Dig. t. 10, c. 1, s. 3. Vide Ch. Pr. Index, h. t.
CORAM. In the presence of; before. Coram nobis, before us; coram vobis, before you; coram non judice, is said of those acts of a court which has no jurisdiction, either over the person, the, cause, or the process. 1 Con. 40. Such acts have no validity. Where a thing is required to be done before a particular person, it would not be considered as done before him, if he were asleep or non compos. Vide Dig. 4, 8, 27, 5; Dane's Ab. Index, h. t.; 5 Harr. & John. 42; 8 Cranch, 9; Paine's R. 55; Bouv. Inst. Index, h. t.
CORD, measures. A cord of wood must, when the wood is piled close, measure eight feet by four, and the wood must be four feet long. There are various local regulations in our principal cities as to the manner in which wood shall be measured and sold.
CORN. In its most comprehensive sense, this term signifies every sort of grain, as well as peas and beans, this is its meaning in the memorandum usually contained in policies of insurance. But it does not include rice. 1 Park. Ins. 112; Marsh. Ins. 223, note; Stev. on Av. part 4, art. 2; Ben. on Av. eh. 10; 1 Marsh. Ins. 223; Park on Ins. 112; Wesk. Ins. 145. Vide Com. Dig. Biens, G 1.
CORNAGE. The name of a species of tenure in England. The tenant by cornage was bound to blow a horn for the sake of alarming the country on the approach of an enemy. Bac. Ab. Tenure, N.
CORNET. A commissioned officer in a regiment of cavalry.
CORODY, incorporeal hereditaments. An allowance of meat, drink, money, clothing, lodging, and such like necessaries for sustenance. 1 Bl. Com. 282; 1 Ch. Pr. 225.
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 also, in case of the death of the sheriff, or when a vacancy happens in that office, to serve all the writs and process which the sheriff is usually bound to serve. The chief justice of the King's Bench is the sovereign or chief coroner of all England, although it is not to be understood that he performs the active duties of that office in any one count. 4 Rep. 57, b. Vide Bac. Ab. h. t.; 6 Vin. Ab.242; 3 Com. Dig. 242; 5 Com. Dig. 212; and the articles Death; Inquisition.
2. The duties of the coroner are of the greatest consequence to society, both for the purpose of bringing to punishment murderers and other offenders against the lives of the citizens, and of protecting innocent persons from criminal accusations. His office, it is to be regretted, is regarded with too much indifference. This officer should be properly acquainted with the medical and legal knowledge so absolutely indispensable in the faithful discharge of his office. It not unfrequently happens that the public mind is deeply impressed with the guilt of the accused, and when probably he is guilty, and yet the imperfections of the early examinations leave no alternative to the jury but to acquit. It is proper in most cases to procure the examination to be made by a physician, and in some cases, it is his duty. 4 Car. & P. 571.
CORPORAL. An epithet for anything belonging to the body, as, corporal punishment, for punishment inflictedon the person of the criminal; corporal oath, which is an oath by the party who takes it being obliged to lay his hand on the Bible.
CORPORAL, in the army. A non-commissioned officer in a battalion of infantry.
CORPORAL TOUCH. It was once decided that before a seller of personal property could be said to have stopped it in transitu, so as to regain the possession of it, it was necessary that it should come to his corporal touch. 3 T. R. 466 5 East, 184. But the contrary is now settled. These words were used merely as a figurative expression. 3 T. R. 464 5 East, 184.
CORPSE. The dead body (q. v.) of a human being. Russ. & Ry. 366, n.; 2 T. R. 733; 1 Leach, 497; 16 Eng. Com. L. Rep. 413; 8 Pick. 370; Dig. 47, 12, 3, 7 Id. 11, 7, 38; Code, 3, 441.
2. As a corpse is considered as nullius bonis, or the property of no one, it follows that stealing it, is not, at common law, a larceny. 3 Inst. 203.
CORPUS. A Latin word, which signifies body; as, corpus delicti, the body of the offence, the essence of the crime; corpus juris canonis, the body of the canon law; corpus juris civilis, the body of the Civil law.
CORPUS COMITATUS. The body of the county; the inhabitants or citizens of a whole county, used in contradistinction to a part of a county, or a part of its citizens. See 5 Mason, R. 290.
CORPUS JURIS CIVILIS. The body of the civil law. This, is the name given to a collection of the civil law, consisting of Justinian's Institutes, the Pandects or Digest, the Code, and the Novels.
CORPUS CUM CAUSA, practice. The writ of habeas corpus cum causa (q. v.) is a writ commanding -the person to whom it is directed, to have the body, together with the cause for which he is committed, before the court or judge issuing the same.
CORPUS DELICTI. The body of the offence; the essence of the crime
2. It is a general rule not to convict unless the corpus delicti can be established, that is, until the dead body has been found. Best on Pres. 201; 1 Stark. Ev. 575, See 6 C. & P. 176; 2 Hale, P. C. 290. Instances have occurred of a person being convicted of having killed another, who, after the supposed criminal has been put to death for the supposed offence, has made his appearance - alive. The wisdom of the rule is apparent; but it has been questioned whether, in extreme cases, it may not be competent to prove the basis of the corpus delicti by presumptive evidence. 3 Benth. Jud. Ev. 234; Wills on Circum. Ev. 105; Best on Pres. 204. See Death.
CORPUS JURIS CANONICI. The body of the canon law. A compilation of the canon law bears this name. See Law, canon.
CORRECTION,punishment. Chastisement by one having authority of a person who has committed some offence, for the purpose of bringing him to legal subjection.
2. It is chiefly exercised in a parental manner, by parents, or those who are placed in loco parentis. A parent may therefore justify the correction of the child either corporally or by confinement; and a schoolmaster, under whose care and instruction a parent has placed his child, may equally justify similar correction; but the correction in both, cases must be moderate, and in proper manner. Com. Dig. Pleader, 3 M. 19; Hawk. c. 60, s. 23, and c. 62, s. 2 c. 29, s. 5.
3. The master of an apprentice, for disobedience, may correct him moderately 1 Barn. & Cres. 469 Cro. Car. 179 2 Show. 289; 10 Mart. Lo. It. 38; but he cannot delegate the authority to another. 9 Co. 96.
4. A master has no riglit to correct his servants who are not apprentices.
5. Soldiers are liable to moderate correction from their superiors. For the sake of maintaining their discipline on board of the navy, the captain of a vessel, either belonging to the United States, or to private individuals, may inflict moderate correction on a sailor for disobedience or disorderly conduct. Abbott on Shipp. 160; 1 Ch . Pr. 73; 14 John. R. 119; 15 )lass. 365; 1 Bay, 3; Bee, 161; 1 Pet. Adm. Dec. 168; Molloy, 209; 1 Ware's R. 83. Such has been the general rule. But by a proviso to an act of congress, approved the 28th of September, l850, flogging in the navy and on board vessels of commerce was abolished.
6. Any excess of correction by the parent, master, officer, or captain, may render the party guilty of an assault and battery, and liable to all its consequences. In some prisons, the keepers have the right to correct the prisoners.
CORREGIDOR, Spanish law. A magistrate who took cognizance of 'various misdemeanors, and of civil matters. 2 White's Coll. 53.
CORRELATIVE. This term is used to designate those things, one of which cannot exist without another; for example, father and child; mountain and valley, &c. Law, obligation, right, and duty, are therefore correlative to each other.
CORRESPONDENCE. The letters written by one to another, and the answers thereto, make wbat is called the correspondence of the partie's.
2. In general, the correspondence of the parties contains the best evidence of the facts to which it relates. See Letter, contracts; Proposal.
3. When an offer to contract is made by letter, it must be accepted unconditionally for if the precise terms are changed, even in the slightest degree, there is no contract. 1 Bouv. Inst. n. 904. See, as to the power of revoking an offer made by letter, 1 Bouv. Inst. n. 933.
CORRUPTION. An act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes bribery, but is more comprehensive; because an act may be corruptly done, though the advantage to be derived from it be not offered by another. Merl. Rep. h. t.
2. By corruption, sometimes, is understood something against law; as, a contract by which the borrower agreed to pay the lender usurious interest. It is said, in such case, that it was corruptly agreed, &c.
CORRUPTION OF BLOOD,, English crim. law. The incapacity to inherit, or pass an inheritance, in consequence of an attainder to which the party has been subject
2. When this consequence flows from an attainder, the party is stripped of all honors and dignities he possessed, and becomes ignoble.
3. The Constitution of the United States, Amendm. art. 5, provides, that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval, forces, or in the militia, when in actual service in time of war or public danger" and by art. 3, s. 3, n. 2, it is declared tbat " no attainder of treason shall work. corruption of blood, or forfeiture, except during the life of the person attainted."
4. The Constitution of Pennsylvania, art. 9, s. 19, directs that " no attainder shall work corruption of blood." 3 Cruise, 240, 378 to 381, 473 1 Cruise, 52 1 Chit. Cr. Law, 740; 4 Bl. Com. 388.
CORSNED, ancient Eng. law. This was a piece of accursed bread, which a person accused of a crime swallowed to test his innocence. It was supposed that, if he was guilty, it would choke him.
CORTES. The name of the legislative assemblies of Spain and Portugal.
COSENAGE, torts. Deceit, fraud: that kind of circumvention and wrong, which has no other specific name. Vide Ayl. Pand. 103 Dane's Ab. Index, h. t.
COSMOPOLITE. A citizen of the world; one who has no fixed. residence. Vide Citizen.
COSTS, practice. The expenses of a suit or action which may be recovered by law from the losing party.
2. At common law, neither the plaintiff nor the defendant could recover costs eonomine; but in all actions in which damages were recoverable, the plaintiff, in effect, recovered his costs when he obtained a verdict, for the jury always computed them in the damages. When the defendant obtained a verdict, or the plaintiff became non-suit, the former was wholly without remedy for any expenses he had incurred. It is true, the plaintiff was amerced pro falso clamore suo, but the amercement was given to the king. Hull on Costs, 2 2 Arch. Pr. 281.
3. This defect was afterwards corrected by the statute of Gloucester, 6 Ed. I, c. 1, by which it is enacted that "the demandant in assise of novel disseisin, in writs of mort d'ancestor, cosinage, aiel and be sail, shall have damages. And the demandant shall have the costs of the writ purchased, together with damages, and this act shall hold place in all cases where the parly recovers damages, and every person shall render damages where land is recovered against him upon his own intrusion, or his own act." About forty-six years after the passing of this statute, costs were for the first time allowed in France, by an ordinance of Charles le Bel, (January, 1324.) See Hardw. Cas. 356; 2 Inst. 283, 288 2 Loisel, Coutumes, 328-9.
4. The statute of Gloucester has been adopted, substantially, in all the United States. Though it speaks of the costs of the writ only, it bas, by construction, been extended to the costs of the suit generally. The costs which are recovered under it are such as shall be allowed by the master or prothonotary upon taxation, and not those expenses which the. plaintiff may have. incurred for himself, or the extraordinary fees he may have paid counsel, or for the loss of his time. 2 Sell. Pr. 429.
5. Costs are single, when the party receives the same amount he has expended, to be ascertained by taxation; double, vide Double costs. and treble, vide Treble costs. Vide, generally, Bouv. Inst. Index, h. t.; Hullock on Costs; Sayer's Law of Costs; Tidd's Pr. c. 40; 2 Sell. Pr. c. 19; Archb. Pr. Index, h. t.; Bac. Ab. h. t.; Com. Dig. h. t.; 6 Vin. Ab. 321; Grah. Pr. c. 23 Chit. Pr. h. t. 1 Salk. 207 1 Supp. to Ves. jr. 109; Amer. Dig. h. t.; Dane's Ab. h. t.; Harr. Dig. h. t. As to the liability of executors and administrators for costs, see 1, Chit. R. 628, note; 18 E. C. L. R. 185; 2 Bay's R. 166, 399; 1 Wash. R. 138; 2 Hen. & Munf. 361, 369; 4 John. R. 190; 8 John. R. 389; 2 John. Ca. 209. As to costs in actions qui tam, see Esp. on Pen. Act. 154 to 165.
COTTAGE, estates. A small dwelling house. See 1 Tho. Co. Litt. 216; Sheph. Touchst. 94; 2 Bouv. Inst. n. 1571, note.
2. The grant of a cottage, it is said, passes a small dwelling-house, which has no land belonging to it. Shep. To. 94.
COUCHANT. Lying down. Animals are said to have been levant and couchant, when they have been upon another person's land, damage feasant, one night at least. 3 Bl. Com. 9.
COUNCIL, legislation. This word signifies an assembly.
2. It was used among the Romans to express the meeting of only a part of the people, and that the most respectable, in opposition to the assemblies of the whole people.
3. It is now usually applied to the legislative bodies of cities and boroughs.
4. In some states, as in Massacbusetts, a body of men called the council, are elected, whose duties are to advise the governor in the executive part of the government. Const. of Mass. part 2, c. 2, s. 3, art. 1 and 2. See 14 Mass. 470; 3 Pick. 517; 4 Pick. 25 19 John. R. 58. In England, the king's council are the king's judges of his courts of justice. 3 Inst. 125; 1 Bl. Com. 229.
COUNTER, Eng. law. The name of an ancient prison in the city of London, which has now been demolished.
COUNTER AFFIDAVIT. An affidavit made in opposition to one already made; this is allowed in the preliminary examination of some cases.
COUNTER SECURITY. Security given to one who has become security for another, the condition of which is, that if the one who first became surety shall be damnified, the one who gives the counter security will indemnity him.
TO COUNTERFEIT, criminal law. To make something false, in the semblance of that which is true; it always implies a fraudulent intent. Vide Vin. Ab. h. t. Forgery.
COUNTERMAND. This word signifies a. change or recall of orders previously given.
2. It may be express or implied. Express, when contrary orders are given and a revocation. of the former order is made. Implied, when a new order is given which is inconsistent with the former order: as, if a man should order a merchant to ship him in a particular vessel -certain goods which belonged to him, and then, before the goods were shipped, he directed him to ship them in another vessel; this would be a countermand of the first order.
3. While the first command is unrecalled, the person who gave it would be liable to all the consequences in case he should be obeyed; but if, for example, a man should command another to commit a crime and, before its perpetration, he should repent and countermand it, he would not be liable for the consequences if the crime should afterwards be committed.
4. When a command or order has been given, and property delivered, by which a right vests in a third person, the party giving the order cannot countermand it; for example, if a debtor should deliver to A a sum of money to be paid to B, his creditor, B has a vested right in the money, and unless he abandon that right, and refuse to take the money, the debtor cannot recover it from A. 1 Roll. Ab. 32, pl. 13; Yelv. 164 Sty. 296. See 3 Co. 26 b.; 2 Vent. 298 10 Mod. 432; Vin. Ab. Countermand, A 1; Vin. Ab. Bailment, D; 9 East, 49; Roll. Ab. 606; Bac. Ab. Bailment, D; Com. Dig. Attorney, B 9, c. 8; Dane's Ab. h. t.; and Command.
COUNTERPART, contracts. Formerly each party to an indenture executed a separate deed; that part which was executed by the grantor was called the original, and the rest the counterparts. It is now usual for all the parties to execute every part, and this makes them all originals. 2 Bl. Com. 296.
2. In granting lots subject to a ground rent reserved to the grantor, both parties execute the deeds, of which there are two copies; although both are original, one of them is sometimes called the counterpart. Vide 12 Vin. Ab. 104; Dane's Ab. Index, h. t.; 7 Com. Dig. 443; Merl. Repert. mots Double Ecrit.
COUNTERPLEA, pleading. When a tenant in any real action, tenant by the curtesy, or tenant in dower, in his answer and plea, vouches any one to warrant his title, or prays in aid another who has a larger estate, as of the remainder-man or reversioner or when a stranger to the action comes and prays to be received to save his estate; then that which the defendant alleges against it, why it should not be admitted, is called a counterplea. T. de la Ley; Doct. Placit. 300 Com. Dig. h. t.; Dane's Ab. Index, h. t.
COUNTERS, English law. - Formerly there were in London two prisons belonging to the sheriffs courts, which bore this name. They are now demolished. 4 Inst. 248.
COUNTERSIGN. To countersign is to sign on the opposite side of an instrument already signed by some other person or officer, in order to secure its character of a genuine paper; as a bank note is signed by the president and countersigned by the cashier.
COUNTRY. By country is meant the state of which one is a member.
2. Every man's country is in general the state in which he happens to have been born, though there are some exceptions. See Domicil; Inhabitant. But a man has the natural right to expatriate himself, i. e. to abandon his country, or his right of citizenship acquired by means of naturalization in any country in which he may have taken up his residence. See Allegiance; Citizen; Expatriation. in another sense, country is the same as pais. (q. v.)
COUNTY. A district into which a state is divided.
2. The United States are generally divided into counties; counties are divided into townships or towns.
3. In Pennsylvania the division of the province into three Counties, viz. Philadelphia, Bucks and Chester, was one of the earliest acts of William Penn, the original proprietary. There is no printed record of this division, or of the original boundaries of these counties. Proud says it was made about the year 1682. Proud's Hist. vol. 1) p. 234 vol. 2, p. 258.
4. In some states, as Illinois; 1 Breese, R. 115; a county is considered as a corporation, in others it is only a quasi corporation. 16 Mass. R. 87; 2 Mass. R. 644 7 Mass. R. 461; 1 Greenl. R. 125; 3 Greenl. R. 131; 9 Greenl. R. 88; 8 John. R. 385; 3 Munf. R. 102. Frequent difficulties arise on the division of a county. On this subject, see 16 Mass. R. 86 6 J. J. Marsh. 147; 4 Halst. R. 357; 5 Watts, R. 87 1 Cowen, R. 550; 6 Cowen, R. 642; Cowen, R. 640; 4 Yeates, R. 399 10 Mass. Rep. 290; 11 Mass. Rep. 339.
5. In the English law this word signifies the same as shire, county being derived from the French and shire from the Saxon. Both these words signify a circuit or portion of the realm, into which the whole land is divided, for the better government thereof, and the more easy administration of justice. There is no part of England that is not within some county, and the shire-reve, (sheriff) originally a yearly officer, was the governor of the county. Four of the counties of England, viz. Lancaster, Chester, Durham and Ely, were called counties Palatine, which were jurisdictions of a peculiar nature, and held by, especial charter from the king. See stat. 27 H. VIII. c.25.
COUNTY COMMISSIONERS. Certain officers generally entrusted with the superintendence of the collection of the county taxes, and the disbursements made. for the county. They are administrative officers, invested by the local laws with various powers.
2. In Pennsylvania the office of county commissioner originated in the act of 1717, which was modified by the act of 1721, and afterwards enlarged by the act of 1724. Before the office of county commissioner was established, assessors were elected who performed-similar duties. See Act of 1700, 4 Votes of Assembly, 205, 209.
COUPONS. Those parts of a commercial instrument which are. to be cut, and which are evidence of something connected with the contract mentioned in-the instrument. They are generally attached to certificates of loan, where the interest is payable at particular periods, and, when the interest is paid, they are cut off and delivered to the payor.
COURIER. One who is sent on some public occasion as an express, to bear despatches, letters, and other papers.
2. Couriers sent. by an ambassador or other public minister, are protected from arrest or molestation. Vattel, liv. 4, c. 9, 123.
COURSE. The direction in which a line runs in surveying.
2. When there are no monuments, (q. v.) the land must be bounded by the courses and distances mentioned in the patent or deed. 4 Wheat. 444; 3 Pet. 96; 3 Murph. 82; 2 Har. & John. 267; 5 Har. & John. 254. When the lines are actually marked, they must be adhered to, though they vary from the course mentioned in the deeds. 2 Overt. 304; 7 Wheat. 7. 1 See 3 Call, 239 7 Mont. 333. Vide Boundary; Line.
COURSE OF TRADE. What is usually done in the management of trade or business.
2. Men are presumed to act for their own interest, and to pursue the way usually adopted by men generally; hence it is presumed in law, that men in their actions will pursue the usual course of trade. For this reason it is presumed that a bank note was signed before it was issued, though the signature be torn off. 2 Rob. Lo. R. 112. That one having possession of a bill of exchange upon him, has paid it; that one who pays an order or draft upon him, pays out of the funds of the drawer in his hands. But the case is different where the order is for the delivery of goods, they being presumed to have been sold by the drawee to the drawer. 9 Wend. 323; 1 Greenl. Ev. 38.
COURSE OF THE VOYAGE. By this term is understood the regular and customary track, if such there be, which a ship takes in going from one port to another, and the shortest way. Marsh. on Ins. 185.
COURTESY, OR CURTESY, Scotch law. A right which vests in the hushand, and is in the nature of a life-rent. It is a counterpart of the terce. Courtesy requires, 1st. That there shall have been a living child born of the marriage, who is heir of the wife, or who, if surviving, would have been entitled to succeed. 2d. That the wife shall have succeeded to the subjects in question as heir either of line, or of talzie, or of provision. 1 Bell's Com. 61; 2 Ersk. 9, 53. See Curtesy.
COURTESY OF ENGLAND. See Estates by the Courtesy.
COUSIN, domest. rel. Cousins are kindred who are the issue of two brothers or two sisters, or of a brother and a sister. Those who descend from the brother or sister of the father of the person spoken of are called patternal cousins; maternal cousins are those who are descended from the brothers or sisters of the mother. Vide 2 Bro. C. C. 125; 1 Sim. & Stu. 301; 3 Russ. C. C. 140; 9 Sim. R. 386, 457.
COVENTRY ACT, criminal law. The common name for the statute 22 and 23 Car. II. c. 1; it having been enacted in consequence of an assault on Sir John Coventry in the street, and slitting his nose, in revenge, as was supposed, for some obnoxious words uttered by him in parliament.
2. By this statute it is enacted, that if any person shall, of malice aforethought, and by laying in wait, unlawfully cut or disable the tongue, put out an eye, slit the nose, cut off the nose or lip, or cut off or disable any limb, or member of any other person, with intent to maim or disfigure him, such person, his counsellors, aiders and abettors, shall be guilty of felony, without benefit of clergy. 4 Bl. Com. 207. This statute is copied by the act of the legislature of Pennsylvania, of April 22, 1794, s. 6, 3 Smith's Laws of Pa. 188; and the offence is punished by fine and imprisonment. For the act of Connecticut, see 2 Swift's Dig. 293.
COVERT, BARON. A wife; so called, from her being under the cover or protection of her hushand, baron or lord.
COVERTURE. The state or condition of a married woman.
2. During coverture, the being of the wife is civilly merged, for many purposes, into that of her hushand; she can, therefore, in general, make no contracts without his consent, express or implied. Com. Dig. Baron and Feme, W; Pleader, 2 A 1; 1 Ch. Pl. 19, 45; Litt. s. 28; Chit. Contr. 39; 1 Bouv. Inst. n. 276.
3. To this rule there are some exceptions: she may contract, when it is for her benefit, as to save her from starvation. Chit. Contr. 40.
4. In some cases, when coercion has been used by the hushand to induce her to commit crime, she is exempted from punishment. 1 Ha1e, P. C. 516; 1 Russ. Cr. 16.
COVIN, fraud. A secret contrivance betwen two or more persons to defraud and prejudice another of his rights. Co. Litt 357, b; Com. Dig. Covin, A; 1 Vin. Abr. 473. Vide Collusion; Fraud.
COW. In a penal statute which mentions both cows and beefer's, it was held that by the term cow, must be understood one that had a calf. 2 East, P. C. 616; 1 Leach, 105.
COWARDICE. Pusillanimity; fear.
2. By the act for the better government of the navy of the United States, passed April 21, 1800, 1 Story, L. U. S. 761; it is enacted, art. 5, "every officer or private who shall not properly observe the orders of his commanding officer, or shall not use his utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in battle; or shall, at such time, basely desert his duty or station, either then, or while in sight of an enemy, or shall induce others to do so, every person so ofending, shall, on conviction thereof by a general court martial, suffer death, or such other punishment as the said court shall adjudge.
3. - Art. 6. "Every officer or private who shall, through cowardice, negligence, or disaffection, in the time of action, withdraw from, or keep out of battle, or shall not do his utmost to take or destroy every vessel which it is his duty to encounter, or shall not do his utmost ondeavor to afford relief to ships belonging to the United States, every such offender shall, on conviction thereof by a general court martial, suffer death, or such other punishment as the said court shall adjudge."
4. By the act for establishing rules and articles for the government of the armies of the United States, passed April 10, 1806, it is enacted, art. 52, " any officer or soldier, who shall mishehave himself before the enemy, run away, or shamefully abandon any fort, post, or guard, which he or they may be commanded to defend, or speak, words inducing others to do the like, or shall cast away his arms and ammunition, or who shall quit his post or colors to plunder and pillage, every such offender, being duly convicted thereof, shall suffer death, or such other punishment as shall be ordered by the sentence of a general court martial."
CRANAGE. A toll paid for drawing merchandise out of vessels to the wharf, so called, because the instrument used for the purpose is called a crane. 8 Co. 46.
TO CRAVE. To ask; to demand.
2. This word is frequently used in pleading; as,-to crave oyer of a bond on which the suit is brought; and in the settlement of accounts, the accountant general craves a credit or an allowance. 1 Chit. Pr. 520. See Oyer.
CRAVEN. A word of obloquy, which in trials by battel, was pronounced by the vanquished; upon which judgment was rendered against him.
CREANCE. This is a French word, which, in its extensive sense, signifies claim; in a narrower sense it means a debt. 1 Bouv. Inst. n. 1040, note.
CREDENTIALS, international law. The instruments which authorize and establish a public minister in his character with the state or prince to whom they are addressed. If the state or prince receive the minister, he can be received only in the quality attributed to him in his credentials. They are, as it were, his letter of attorney, his mandate patent, mandatum manifestum. Vattel, liv. 4, c. 6, 76.
CREDIBILITY. Worthiness of belief. To entitle a witness to credibility, he must be competent. Vide Competency.
2. Human testimony can seldom acquire the certainty of demonstration. Witnesses not unfrequently are mistaken or wish to deceive; the most that can be expected is that moral certainty which arises from analogy. The credibility which is attached to such testimony, arises. from the double presumption that the witnesses have good sense and intelligence, and that they are not mistaken nor deceived; they are further presumed to have probity, and that they do not wish to deceive.
3. To gain credibility, we must be assured, first, that the witness has not been mistaken nor deceived. To be assured as far as possible on this subject, it is proper to consider the nature and quality of the facts proved; the quality and person of the witness; the testimony in itself; and to compare it with the depositions of other witnesses on the subject, and with known facts. Secondly, we must be satisfied that he does not wish to deceive: there are strong assurances of this, when the witness is under oath, is a man of integrity, and disinterested. Vide Arch. Civ. Pl. 444; 5 Com. Dig. 449; 8 Watts, R. 227; Competency.
CREDIBLE WITNESS. A credible witness is one who is competent to give evidence, and is worthy of belief. 5 Mass. 219 17 Pick. 134; 2 Curt. Ecc. R. 336. In deciding upon the credibility of a witness, it is always pertinent to consider whether he is capable of knowing the thing thoroughly about which he testifies. 2. Whether he was actually present at the transaction. 3. Whether he paid, sufficient attention to qualify himself to be a reporter of it; and 4. Whether he honestly relates the affair fully as he knows it, without any purpose or desire to deceive, or suppress or add to the truth.
2. In some of the states, as Delaware, Illinois, Maine, Maryland, Rhode Island, Vermont, and Virginia, wills must be attested by credible witnesses. See Attesting Witness; Competent Witness; Disinterested Witness; Respectable Witness; and Witness.
CREDIT, common law, contracts. The ability to borrow, on the opinion conceived by the lender that he will be repaid. This definition includes the effect and the immediate cause of credit. The debt due in consequence of such a contract is also called a credit; as, administrator of an the goods, chattels, effects and credits, &c.
2. The time extended for the payment of goods sold, is also called a credit; as, the goods were sold at six months credit.
3. In commercial law, credit is understood as opposed to debit; credit is what is due to a merchant, debit, what is due by him
4. According to M. Duvergier, credit also signifies that influence acquired by intrigue connected with certain social positions. 20 Toull. n. 19. This last species of credit is not, of such value as to be the object of commerce. Vide generally, 5 Taunt. R. 338.
CREDITOR, persons, contracts. A creditor is he who has a right to require the fulfilment of an obligation. or contract.
2. Creditors may; be divided into personal and real.
3. The former are so called, because their claims are mainly against the person, who can reach the property of their debtors only by; virtue of the general rule by which he who has become personally obligated, is bound to fulfil his engagements, with all his property acquired and to be acquired, Which is a common guaranty for all his creditors.
4. The latter are called real, because they have mortgages or other securities binding on the real estates of their debtors.
5. It is proper to state that personal creditors may be divided into two classes first, those who have a right on all the property of their debtors, without considering the origin, or the nature of their claims; secondly, those who, in consequence of some provision of law, are entitled to some special prerogative, either in the manner of recovery, or in the rank they are to hold among creditors; these are entitled to preference. As an example, may be mentioned the case of the United State; when they are creditors, they have always a preforenee in case of insolvent estates.
6. A creditor sometimes becomes so, unknown to his debtor, as is the case when the former receives an assignment of commercial; paper, the title to recover which may be conveyed either by endorsement, or, in some cases, by mere delivery. But in general it is essential there should be a privity of contract between the parties. Vide, generally, 7 Vin. Ab. 42; 3 Com. Dig. 343; 8 Com. Dig. 388; 1 Supp. to Ves. Jr. 302 2 Sup. to Ves. Jr. 305 Code, 7, 72, 6; Id. 8, 18; Dig 42, 6, 17; Nov. 97 ch. t3 Bouv. Inst. Index, h. t.
CREEK, mar. law. Creeks are of two kinds, viz. creeks of the sea and creeks of ports. The former sorts are such little inlets of the sea whether within the precinct or extent of a, port or without, which are narrow rittl6 passages@ and-have shore on either side of them. The latter, Viz. breeks of ports, are by a kind of civil denomination such. They are such, that though possibly for their extent and. situation they might be ports, yet they are either members of or dependent upon other ports. In England it began thus: the king, could not conveniently have a customer and comptroller in every port or haven. But these custom officers were fixed at some eminent port; and the smaller adjacent ports became by that means creeks, or appendants. of that where these custom officers were placed. 1 Chit. Com. Law, 726; Hale's Tract. de Portibus Maris, part 2, c. 1, vol. 1, p. 46; Com. Dig. Navigation, C; Callis, 34.
2. In a more popular sense, creek signifies a small stream, less than a river. 12 Pick. R. 184,
CRETION, civil law.. The acceptance of a succession. Cretion was an act made before a magistrate, by which an instituted heir, who was required to accept of the succession within a certain time, declares within that time that he accepted the suecession. Clef cles Lois Rom. h. t.
2. Cretion is also used to signify the term during which the heir is allowed to make his election to take or not to take the inheritance. It is so called, because the heir is allowed to see, cernere, examine, and decide. Gaii, lust. lib. 2, 164.
CREW. Those persons who are employed in the navigation of a vessel.
2. A vessel to be seaworthy must have a sufficient crew. 1 Caines, R. 32; 1 John. R. 184.
3. In general, the master or captain (q.v.) has the selection of the crew. Vide Muster roll; Seaman; Ship; Shipping articles.
CRIB-BITING. A defect in horses, which consists in biting the crib while in the stable. This is not, considered as a breach of general warranty of soundness. Holt's Cas. 630.
CRIER. An inferior officer of a court, whose duty it is to open and adjourn the court, when ordered by the judges; to make proclamations and obey the directions of the court in anything which concerns the administration of juustice.
CRITICISM. The art of judging skilfully of the merits or beauties, defects or faults of a literary or scientific performance, or of a production of art; when the criticism is reduced to writing, the writing itself is called a criticism.
2. Liberty of criticism must be allowed, or there would be neither purity of taste nor of morals. Fair discussion, is essentially necessary to, the truth of history and advancement of scienc. That publication therefore, is not a libel, which has for its object, not to injure the reputation of an individual, but to correct misrepresentations of facts, to refute sophistical reasoning, to expose a vicious taste for literature, or to censure what is hostile to morality. Campb. R. 351-2. As every man who publishes a book commits himself to the judgment of the public, any one may comment on his performance. If the commentator does not step aside from the work, or introduce fiction for the purpose of condemnation, he exercises a fair and legitimate right. And the critic does a good service to the public who writes down any vapid or useless publication such as ought never to have appeared; and, although the author may suffer a loss from it, the law does nto conisder such loss an injury; because it is a loss which the party ought to sustain. It is the loss of fame and profit, to which he was never entitled. 1 Campb. R. 358, n. See 1 Esp. N. P. Cas. 28; 2 Stark. Cas. 73; 4 Bing. N. S. 92; S. C. 3 Scott, 340;. 1 M. & M. 44; 1 M. & M. 187; Cooke on Def. 52.
CROFT, obsolete. A little close adjioning to a dwelling-house, and enclosed for pasture or arable, or any particular use. Jacob's Law Dict.
CROP. This word is nearly synonymous with emblements. (q. v.),
2. As between the landlord and tenant, the former has a lien; in some of -the states, upon the crop for the rent, for a limited time, and, if sold on an execution against the tenant, the purchaser succeds to the liability of the tenant, for rent and good hushandry, and the crop is still liable to be distrained. Tenn. St. 1825, c. 21; Misso. St. 377; Del. St. 1829, 366; 1 N. J. R. C. 187; Atk. Dig. 357; 1 N. Y. R. S. 746; 1 Ky. R. L. 639; 5 Watts, R. 134; 41 Griff. Reg. 671, 404; 1 Hill. Ab. 148, 9; 5 Penn. St. R. 211.
3. A crop is not considered is a part of the real estate, so as to make a sale of it void, when the contract has not been reduced to writing, within the statute of frauds. 11 East, 362; 2 M. & S. 205; 5 B. & C. 829; 10 Ad. & El. 753; 9 B. & C. 561; but see 9 M. & W. 501.
4. If a hushand sow land and die, and the land which was sown is assigned to the wife for her dower, she shall have the corn, and not the executors of the hushand. Inst. 81.
CROPPER, contracts. One who, having no interest in the land, works it in consideration of receiving a portion of the crop for his labor. 2 Rawle, R. 12.
CROSS. contracts. A mark made by persons who are unable to write, instead of their names.
2. When properly attested, and proved to have been made by the party whose name is written with the mark, it is generally admitted as evidence of the party's signature.
CROWN. A covering for the head, commonly used by kings; figuratively, it signifies royal authority. By pleas of the crown, are understood criminal actions.
CRUISE, mar. law. A voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail through any particular track of the sea, at a certain season of the year the region in which these cruises are performed is usually termed the rendezvous or cruising latitude.
2. When the ships employed for this purpose, which are accordingly called cruisers, have arrived at the destined station, they traverse the sea, backwards and forwards, under an easy sail, and within a limited space, conjectured to be in the track of their expected adversaries. Wesk. Ins. h. t.; Lex Merc. Rediv. 271, 284; Dougl. 11. 509; Park. Ins. 58; Marsh. Ins. 196, 199, 520; 2 Gallis. 268.
CRY DE PAYS, OR CRI DE PAIS. Literally, cry of the country. In England, when a felony has been committed, hue and cry (q. v.) may be raised by the country, in the absence of the constable. It is then cry de pays. 2 Hale, P. C. 100.
CRYER, practice. An officer in a court whose duty it is to make various proclamations ordered by the court.
CUEILLETTE. A term in French maritime law. Affreightment of a vessel a cueillette, is a contract by which the captain obligates himself to receive a partial cargo, only upon condition that he shall succeed in completing his cargo by other partial lading; that is, by gathering it (en recueillant) wherever he may be able to find it. If he fails to collect a cargo, such partial charterin is void. Code de Com. par M. Fournel, art. 286, n.
CUI ANTE DIVORTIUM. The name of an ancient writ, which was issued in favor of a woman divorced from her hushand, to recover the lands and tenements which she had in fee simple, or in tail, or for life, from him to whom her hushand alienated them during the marriage, when she could not gainsay it. F. N. B. 240. Vide Sur cui ante divortium.
CUI IN VITA. The name of a writ of entry for a widow against a person to whom the hushand had, in his lifetime, aliened the lands of the wife. F. N. B. 193. This writ was founded sometimes on the stat. 13 Ed. 1. c. 3, and sometimes on the common law. The object of this statute, was to enable the wife to avoid a judgment to recover her land which had been rendered on the default or confession of her hushand. It is now of no use in England, because the stat. 32 H. VIII. c. 28, 6, provides that no act of the hushand, whether fine, feoffment, or other act of the hushand during coverture, shall prejudice the wife. Both these statutes are reported as in force in Pennsylvania. 3 Bin. Appx. See Booth on Real Actions, 186; 6 Rep. 8, 9, Forrers' Case. Still, that part of the stat. 13 Ed. I. c. 8, which relates to the pleadings and evidence iu such cases is important if it can be enforced in the modern action of ejectment, viz: that which requires the tenant of the lands to show his right according to the form of the writ he sued out against the hushand. See Report of the Commissioners to revise the Civil Code of Pennsylvania, Jan. 16, 1835, pp. 90, 91.
CUL DE SAC. This is a French phrase, which signifies, literally, the bottom of a bag, and, figuratively, a street not open at both ends. It seems not to be settled whether a cul de sac is to be considered a highway. See 1 Campb. R. 260; 11 East, R. 376, note; 5 Taunt. R. 137; 5 B. & Ald. 456; Hawk. P. C. b. 1, c. 76, s. 1 Dig. lib. 50, tit. 16, l. 43; Dig. lib. 43, t. 12, l. 13; Dig. lib. 47, tit. 10, 1. 15, 7.
CULPA. A fault committed without fraud, and this distinguishes it from dolus, which is a trick to deceive. See Dolus.
CULPRIT, crim. law. When a prisoner is arraigned, and he pleads not guilty, in the English practice, the clerk, who arraigns him on behalf of the crown, replies that the prisoner is guilty, and that he is ready to prove the accusation; this is done by two monosyllables, cul. prit. Vide Abbreviations; 4 Bl. Com. 339; 1 Chit. Cr. Law, 416.
CUM PERTINENTIS. With the appurtenances. See Appurtenances.
CUM ONERE. This term is usually employed to show that something is taken, subject to a charge or burden.
CUM TESTAMENTO ANNEXO. With the testament or will annexed. It often happens that the deceased, although he makes a will, appoints no executor, or else the appointment fails; in either of which events he is said to die quasi intestatus. 2 Inst. 397. The appointment of an executor fails, 1st. When the person appointed refuses to act. 2d. When the person appointed dies before the testator, or before he has proved the will, or when, from any other legal cause, he is incapable of acting. 3d. When the executor dies intestate, (and in some places, as in Pennsylvania, whether he die testate or intestate,) after having proved the will, but before he has administered all the personal estate of the deceased. In all these cases, as well as when no executor has been appointed, administration, with the will annexed, must be granted by the proper officer. In the case where the goods are, not all administered before the death of the executor, the administration is also called an administration de bonis non.
2. The office of such an an administrator differs little from that of an executor. Vide Com. Dig. Administration; Will. Ex. p. 1, b. 5, c. 3, s. 1; 2 Bl. Com. 504-5; 11 Vin. Ab. 78; Toll. 92 Gord. Law of Deced. 98.
CUMULATIVE. Forming a heap; additional; as, cumulative evidence, or that which goes to prove the same point which has been established by other evidence. Cumulative legacy, or accumulative legacy, is a second bequest, given by the same testator to the same legatee. 2 Rop. Log. 19,. See 1 Saund. 134, n. 4; Remedy.
CUMULATIVE LEGACY. Vide Legacy accumulative; and 8 Vin. Ab. 308 1 Supp. to Ves. jr. 133, 282, 332.
CURATE, eccl. Iaw. One who represents the incumbent of a church, person, or20 vicar, and tades care of the church, and performs divine service in his stead.
CURATOR, persons, contracts. One who has been legally appointed to take care of the interests of one who, on account of his youth, or defect of his understanding, or for some other cause, is unable to attend to them himself.
2. There are curators ad bona, of property, who administer the estate of a minor, take care of his person, and intervene in all his contracts; curators ad litem, of suits, who assist the minor in courts of justice, and act as curator ad bona in cases where the interests of the curator are opposed to the interests of the minor. Civ. Code of Louis. art. 357 to 366. There are also curators of insane persons Id. art. 31; and of vacant successions and absent heirs. Id. art. 1105 to 1125.
3. The term curator is usually employed in the civil law, for that of guardian.
CURATORSHIP, offices, contracts, in the civil law. The power given by authority of law, to one or more persons, to administer the property of an individual who is unable to take care of his owu estate and affairs, either on account of his absence without an authorized agent, or in consequence of his prodigality, or want of mind. Poth. Tr. des Personnes, t. 6, s. 5. As to the laws of Louisiana, which authorize a curatorship, vide Civ. Code, art. 31, 50, et seq. 357, et seq.; 382, 1105, et seq.
2. Curatorship differs from tutorship, (q. v.) in this, that the latter is instituted for the protection of property in the first place, and, secondly, of the person; while the former is intended to protect, first, the person, and, secondly, the property. 1 Lecons Elem. du Droit Civ. Rom. 241.
CURATRIX. A woman who has been appointed to the office of curator.
CURE. A restoration to health.
2. A person who had quitted the habit of drunkenness for the space of nine months, in consequece of medicines he had taken, and who had lost his appetite for ardent spirits, was held to have been cured. 7 Yerg. R. 146.
3. In a figurative sense, to cure is to remedy any defect; as, an informal statement of the plaintiff's cause of action in his declaration is cured by verdict, provided it be substantially stated.
CURFEW. The name of a law, established during the reign of the English king, William, the conquerer, by which the people were commanded to dispense with fire and candle at eight o'clock at night. It was abolished in the reign of Henry I., but afterwards it signified the time at which the curfew formerly took place. The word curfew is derived, probably, from couvre few, or cover fire. 4 Bl. Com. 419, 420.
CURIA. A court of justice.
CURIA CLAUDENDA, WRIT DE, Eng. law. The name of a writ, used to compel a party to enclose his land. F. N. B. 297.
CURIA ADVISARE VULT, practice. The court will consider the matter. This entry is made on the record when the court wish to take time to consider of a case before they give a final judgment, which is made by an abbreviation, cur. ad vult, for the purpose of marking the continuance. In the technical sense, it is a continuance of the cause to another term.
CURIA REGIS. An English court, which assumed this name, during the reign of Henry II. It was Curia or Aula Regis, because it was held in the g reat hall of the king's palace; and where the king, for some time, administered justice in person. But afterwards, the judicial power was more properly entrusted to the king's judges. The judges who sat in this court were distinguished by the name of justices, or justiciaries. Besides these, the chief justiciary, the stewart of all England, the chancellor, the chamberlain, and the treasurer, also took part in the judicial proceedings of this court.
CURIALITY, Scotch law. The same as courtesy. (q. v.) 1 Bell's Com. 61.
CURRENCY. The money which passes, at a fixed value, from hand to hand; money which is authorized by law.
2. By art. 1, s. 8, the Constitution of the United States authorizes congress "to coin money, and to regulate the value thereof." Changes in the currency ought not to be made but for the most urgent reason, as they unsettle commerce, both at home and abroad. Suppose Peter contracts to pay Paul one thousand dollars in six months - the dollar of a certain fineness of silver, weighing one hundred and twelve and a half grains - and afterwards, before the money becomes due, the value of the dollar is changed, and it weighs now but fifty-six and a quarter grains; will one thousand of the new dollars pay the old debt? Different opinion may be entertained, but it seems that such payment would be complete; because, 1. The creditor is bound to receive the public currency; and, 2. He is bound to receive it at its legal value. 6 Duverg. n. 174.
CURRENT, merc. law. A term used to express present time; the current month; i.e. the present month. Price current, is the ordinary price at the time spoken of. A printed paper, containing such prices, is also called a price current.
2. Current, in another sense, signifies that which is readily received; as, current money.
CURSITOR BARON, Eng. law. An officer of the court of the exchequer, who is appointed by patent under the great seal, to be one of the barons of the exchequer.
CURTESY, or COURTESY, Scotch law. A life-rent given by law to the surviving hushand, of all his wife's heritage of which she died infeft, if there was a child of the marriage born alive. The child born of the marriage must be the mother's heir. If she had a child by a former marriage, who is to succeed to her estate, the hushand has no right to the curtesy while such child is alive; so that the curtesy is due to the hushand rather as father to the heir, than as hushand to an heiress, conformable to the Roman law, which gives to the father the usufruct of what the child succeeds to by the mother. Ersk. Pr. L. Scot. B. 2, t. 9, s. 30. Vide Estate by the curtesy.
CURTILAGE, estates. The open space situated within a common enclosure belonging to a dwelling-house. Vide 2 Roll, Ab. 1, l. 30; Com. dig. Grant, E 7, E 9; Russ. & Ry. 360; Id. 334, 357; Ry & Mood. 13; 2 Leach, 913; 2 Bos. & Pull. 508; 2 East, P. C. 494; Russ. & Ry. 170, 289, 322; 22 Eng. Com. Law R. 330; 1 Ch. Pr. 175; Shep. Touchs. 94.
CUSTODY. The detainer of a person by virtue of a lawful authority. To be in custody, is to be lawfully detained under arrest. Vide 14 Vin. Ab. 359; 3 Chit. Pr. 355. In another sense, custody signifies having the care and possession of a thing; as, the chancellor is entitled to the custody as the keeper of the seal.
TO CUT, crim. law. To wound with an instrument having a sharp edge. 1 Russ. on Cr. 577. Vide To Stab; Wound.
CY PRES, construction. These are old French words, which signify "as near as."
2. In cases where a perpetuity is attempted in a will, the courts do not, if they can avoid it, construe the devise to be utterly void, but expound the will in such a manner as to carry the testator's intentions into effect, as far as the rules respecting perpetuities will allow; this is called construction cy pres. When the perpetuity is attempted in a deed, all the Iimitations are totally void. Cruise, Dig. t. 38, c. 9, s. 34; and vide 1 Vern. 250; 2 Ves. Jr. 380, 336, 357, 364; 3 Ves. Jr. 141, 220; 4 Ves. 13; Com. Dig. Condition, L. 1; 1 Rop. Leg. 514; Swinb. pt. 4, s. 7, a. 4; Dane's Ab. Index, h. t.; Toull. Dr. Civ. Fr. liv. 3, t. 3, n. 586, 595, 611; Domat, Loix Civ. liv. 6. t. 2, s. 1; 1 Supp. to Ves. Jr. 134, 259, 317; 2 Id. 316,473; Boyle on Charities, Index, h. t.; Shelford on Mortmain, Index, h. t.; 3 Bro. C. C. 166; 2 Bro. C. C. 492; 4 Wheat. R. 1; S. C. 3 Peters, R. App. 481; 3 Peters, R. 99; 15 Ves., 232; 2 Sto. Eq. Jur. 1169.
CZAR. A title of honor which is assumed by the emperor of all the Russias
CZARINA. The title of the empress of Russia
CZAROWITZ.. The title of the eldest son of the czar and czarina of Russia
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