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CONCURRENT

CONDITION

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Concurrent promises. Those where A beneficial condition which cre

the acts to be performed are ates an estate, ought to be intersimultaneous. See 16 Pet. (U. S.) preted favorably, according to the 169, 10 L. Ed. 925.

intent of the language; but an Concurrent resolution. One adopted

odious condition which destroys

an estate, should be construed by both houses of Congress and

strictly according to the letter. not requiring the President's signature.

Conditio dicitur, cum quid in casum sentences.

incertum Concurrent

Sentences

qui potest tendere ad

esse aut non esse, confertur. It running concurrently, not seriatim.

is called a condition when someConcurrent writs. Writs issued for thing is given on an uncertain the same purpose to be used in

event which may or may not different places or in respect to happen. different persons.

Conditio illicita habetur pro non adConcurso. (Civil Law) A proceeding

jicta. An unlawful condition is resembling interpleader. See 52

held not to be binding. La. Ann. 2070, 28 South. 217.

Conditio praecedens adimpleri debet Concursus. Same as Concurso.

priusquam, sequatur effectus. A Concuss. To exercise threats or

condition precedent is to be fulduress.

filled before the effect can follow. Concussio. Extortion.

Conditio sine qua non. An indisConcussion. Extortion; compulsion pensable condition.

by threats and without force. Condition. A restriction; a circumCondemn. To adjudge guilty; to stance as distinguished from a

pass sentence upon; to adjudge cause. See 29 Fla. 590, 10 South. unfit for use; to take private prop 590. erty for public use.

Condition inherent. A condition not Condemnation. Passing sentence newly imposed but previously ex

upon one convicted; to adjudge as isting. unfit for use, as a ship or a build Condition meritorious. Where the ing; the taking of private prop event upon which the obligation erty for public use. See 101 Cal.

becomes payable is in the power 15, 40 Am. St. Rep. 17, 35 Pac. of the obligee. See 2 Southard 353.

(5 N. J. L.), 756. Condere. To make; to establish. Condition precedent. Such as must Condescendence. (Scotch) A plain- happen or be performed before

tiff's written statement of his either contracting party is bound. cause of action.

See 96 U. S. 24, 24 L. Ed. 644. Condictio. An action; a summons. Condition resolutory. Same as ConConditio. A condition.

dition subsequent. Conditio beneficialis, quae statum Condition subsequent. One which construit, benigne, secundum ver

follows the principal act or obliborum intentionem est interpre

gation, often as a defeasance. See tanda; odiosa autem, quae statum 34 N. J. L. 496, 3 Am. Rep. 256. destruit, stricte, secundum ver- Condition suspensive. Same as Con: borum proprietatem, accipienda. dition precedent.

CONDITIONAL

CONFIDENCE

Conditional acceptance. A qualified Cone and key Accounts and keys,

acceptance of a bill of exchange a symbol of the fitness of a woman whereby the drawee assents to lia to assume the care of a house. bility on the happening of a con

Confarreatio. An ancient Roman tingency.

marriage ceremony. Conditional fee. A fee limited to

Confectio. Execution of a written descend to a particular class of heirs. See 2 Bl. Comm. 110.

instrument. Conditional limitation. The limita. Confederacy. A contract or agree

tion of the duration of an estate ment for mutual support, a conby the happening of a contin. federation. gency. See 2 Bl. Comm. 155.

Confederation. An agreem":nt; a Conditional obligation. One depend

compact. ing upon the existence of a condi

Confessio facta in judicio omni protion.

batione major est. A confession Conditional pardon. A pardon in

made in court is greater than all effective until a condition has

proof. been performed. See 1 Nev. 319.

Confession. The voluntary declaraConditional sale. One wherein title

tion of a person who has comdoes not vest in the vendee until

mitted crime, to another, of his full payment or the performance of some other condition; one con

participation therein. See 6 Am. ditioned for repurchase by the

St. Rep. 242, note. vendor. See 1 Pa. St. 190, 44 Am. Confession and avoidance. Used of Dec. 121.

a plea which admits but alleges Conditional stipulation. A stipula facts which justify, excuse or ob

tion dependent upon a condition. viate the admission. See 9 Minn. Conditionem testium tunc inspicere

194, 86 Am. Dec. 93. debemus cum signarent, non mortis Confession of judgment. A formal tempore. We ought to consider acknowledgment of an obligation the condition of witnesses as of or indebtedness before a court, the time when they signed, not at upon which a judgment may be the time of the testator's death.

entered against the maker. See Conditiones quaelibet odiosae; max

53 Barb. (N. Y.) 615. ime autem contra matrimonium et Confessor. A priest who hears concommercium. Any conditions are fessions. odious; especially those against Confessus in judicio pro judicato marriage and commerce.

habetur et quodammodo sua senConditions of sale. The terms and tentia damnatur. One who conconditions of an auction sale.

fesses in court is held to have Condominium. Joint ownership.

been adjudged and in a manner Condonacion. (Spanish) Forgive

is condemned by his own sen

tence. ness of a debt.

Confidence game. Any swindling Condonation. Forgiveness.

operation in which advantage is Conductio. A hiring.

taken of confidence reposed by the Conduct-money. A witness' reim victim in the swindler. See Ann. bursement for expenses.

Cas. 1912A, 758, note.
Law Dict.—6

81

CONFIDENCE

CONFUSION

Confidence man. A swindler; a Confirmation of executor. (Scotch) trickster.

The formal clothing of the execuConfidential communication. One

tor with title. concerning which the receiver Confirmation of title. A conveyance need not testify.

of some right to one who has posConfidential relations. Such as at

session or some estate in the land.

See 95 U. S. 551, 24 L, Ed. 456. torney and client, physician and patient, guardian and ward, in Confirmavi. I have confirmed or which high trust should prevail. ratified.

See 87 Md. 377, 40 Atl. 256. Confirmee. One to whom a right is Confirmare est id quod prius in

prins in confirmed. firmum fuit simul firmare. To Confirmor. One who makes a conconfirm is to make firm what was firmation. previously infirm.

Confiscare. To confiscate. Confirmare nemo potest prius quam confiscate. To adjudge forfeited;

jus ei acciderit. No one can con to appropriate property. See 3 firm a right before it has fallen U. S. 199, 1 L. Ed. 568. to him.

Confiscation cases. Cases construConfirmat usum qui tollit abusum.

ing the Confiscation Act of 1861. He confirms a use who removes

See 7 Wall. (U. S.) 454, 19 L. Ed. an abuse.

196; 20 Wall. (U. S.) 92, 22 L. Ed.

320. Confirmatio. A confirmation. Confirmatio chartarum. A statute

Confisk. To confiscate. confirming Magna Charta and

Confitens reus. One charged with Carta de Foresta.

crime who confesses. Confirmatio crescens. A confirma- Conflict of laws. Conflicting diftion increasing a rightful estate.

ferences in laws of different juris

dictions as affecting one controConfirmatio diminuens. A confirma

versy. tion releasing part of the services supporting a tenure.

Conformity. Adherence to the Confirmatio est nulla, ubi donum

Church of England. praecedens est invalidum. A con Conformity, bill of. A bill in equity firmation is a nullity, where the

to marshal assets filed by an expreceding gift is invalid.

ecutor. Confirmatio omnes supplet defectus, Confrairie. A brotherhood.

licet id quod actum est ab initio Confrontation. The practice of non valuit. Confirmation supplies bringing a witness to face one all defects, though what has been whom he accuses. done was not valid at the begin- Confusio. The mingling of goods ning.

of different owners. Confirmatio perficiens. A confirma. Confusion. The merger of titles in

tion making valid a defeasible one person; an extinction of an title.

obligation by the merger of obliConfirmation. Ratification; affirm. gor and obligee; the mingling of

ance; the cure of a defective title goods of different owners. See by a conveyance. See 14 Cal. 279. 101 Am. St. Rep. (Pa.) 904.

CONFUSION

CONSCIENTIA

Confusion of rights. A merger of

obligor and obligee in one person. Congé. Leave to depart. Congé d'accorder. Leave to agree

with the plaintiff in levying a fine. Congé d'appel. (Civil Law) Leave

to appeal. Congé de défaut. Dismissal by rea

son of the plaintiff's default. Congé d'emparler. Leave to im

parl, i. e., to settle an action ami

cably. Congé d'eslire. Leave to choose a

bishop. Congeable. Lawful. Congius. An old Roman measure

of about a gallon. Congress. The United States na

tional legislature; any formal

gathering of representatives. Conjectio causae. A statement of

the case. Conjecture. A guess upon slight

evidence. Conjoints. Persons owning jointly;

husband and wife. Conjugal rights. Rights of husband

and wife, as such. Conjugium. Marriage." Conjunct. Concurrent; joint. Conjuncta. Joined; united. Conjunctim. Jointly. Conjunctim et divisim. Jointly and

severally. Conjunctio mariti et feminae est de

jure naturae. The union of husband and wife is according to the

law of nature. Conjunctive. Together; jointly. Conjuratio. A conspiracy. Conjuration. Conspiracy; a crim

inal plot. Conjurator. A conspirator.

Connivance. A spouse's consent to

the other's act which is ground for divorce. See 121 Cal. 12, 53 Pac.

403. Connoissement. (French) A bill of

lading. Connubium. Marriage. Conocimiento. (Spanish) A bill of

lading. Conpossessio. A joint possession. Conquereur. The first purchaser of

an estate. Conqueror. William the Conqueror,

King of England, 1066–1087; a

purchaser. Conquest. (Feudal Law) Acquisition

otherwise than by inheritance;

the Norman Conquest, which see. Conquestus. Acquisition. Conquets. (Civil Law) Same as

Acquest. Conquisitio. Acquisition. Conquisitor. A purchaser;, a con

queror. Consanguineous. Of the same

blood; descended from the same

ancestor or parent. Consanguineous frater. A brother

born of the same father. Consanguineus. Related by blood. Consanguineus est quasi eodem san

guine natus. One related by consanguinity is, as it were, born

of the same blood. Consanguinity. Blood relationship. Conscience. One's internal judgm ent of right and wrong. See 7

Cal. 140. Conscience, courts of. See Courts of

Conscience. Conscience money. Money paid in

settlement of an obligation previ

ously evaded or concealed. Conscientia dicitur a con et scio,

quasi scire cum deo. Conscience

CONSCIENTIA

CONSIGNATION,

is called from con and scio, as it consensus tollit errorem. Consent were to know with God.

waives a mistake. See 11 Allen Conscientia rei alieni. Knowledge

(Mass.), 138. of another's ownership.

Consensus voluntas multorum ad

quos res pertinet, simul juncta. Conscientiae detrimentum. Ship

Consent is the will of several joinwreck of conscience. See 5 Rep.

ing simultaneously in one affair. , (Eng.) 125.

Consent. A meeting of the minds Conscionable. According to hon on the same matter. esty.

Consent rule. A confession filed by Consecratio est periodus electionis;

a defendant in ejectment admitelectio est praeambula consecra

· ting all essential facts. See 4 tionis. Consecration is the ter Johns. (N. Y.) 311. mination of election; election is consentientes et agentes pari poena the preamble of consecration.

plectentur. Consenting persons Conseil. Counsel.

and those acting are subject to

the same penalties. Conseil de famille. (French) Sanc- Consentire matrimonio non possunt tion of the family.

infra annos nubiles. They cannot Conseil judiciaire. (French) A sort consent to marriage who are un

of guardian appointed by a court der marriageable age.

to protect a spendthrift's estate. Consentire videtur qui tacet. Silence Consensual. Depending upon con

makes consent. sent.

Consequentiae non est consequentia.

A consequence is not the result of Consensual contract. (Civil Law) A

a consequence. contract enforceable by reason of

Consequential damages. the mere consent of the parties.

Damages

mediately resulting from an act. Consensus est voluntas plurium ad

Conservator. A guardian. quos res pertinet, simul juncta. Consent is the joint will of many

Conservators of the peace. Officers persons to whom the thing be

formerly appointed in England to

preserve the public peace. longs. Consensus facit legem. Consent

Conservatrix. A female conservamakes law. See 54 Ark. 101, 11

tor. L. R. A. 452, 15 S. W. 18.

Consessimus. We have granted. Consensus, non concubitus, facit Consideratio curiae. The court's

matrimonium. Consent, not co- judgment. habitation, constitutes a marriage. Consideration. Inducement; quid See 25 Utah, 129, 95 Am. St. Rep.

pro quo; motive. 821, 58 L. R. A. 723, 69 Pac. 660.

Consideratum est per curiazn. It is Consensus, non concubitus, facit

considered by the court. nuptias vel matrimonium, et con

Consideratur. It is considered. sentire non possunt ante annos

Consign. To send goods to one for nubiles. Consent, not cohabita

sale or for custody. tion, makes nuptials or marriage and those under marriageable age

Consignatio. A consignment. cannot consent.

Consignation. Consignment.

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