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CONSIGNEE

CONSTITUTIONAL

Consignee. One to whom goods are

consigned. Consignment. The act of consign

ing goods to one for sale or cus

tody. Consignor. One sending goods on

consignment. Consilia multorum requiruntur in

magnis. The advice of many is

required in affairs of magnitude. Consiliarius. A counselor. Consilium, or dies consilii. A day

set for an argument or hearing. Consimili casu. A writ by which a

reversioner recovered land from

the alienee of a life tenant. Consistory. An ecclesiastical court. Consistory court. An ecclesiastical

court, also known as the Bishop's

Court, which see. Consolato del mare. A maritime

code in force in the Mediter

ranean, compiled about 1000 A.D. Consolidated fund. The combined

revenue of Great Britain and Ire

land. Consolidated orders. A compilation

of orders regulating English chan

cery practice in 1860. Consolidation of actions. The com

bining of two or more actions involving the same controversy into

one suit. See 1 Ala. 77. · Consolidation rule. A rule or order

for the consolidation of two or more actions in one. See 19 Wend.

(N. Y.) 63. Consols. Consolidated annuities, the

English Funded Debt. Consortio malorum me quoque malum

facit. The companionship of the

wicked makes me also wicked. Consortium. Conjugal fellowship

and society. See 150 N. Y. 176, 55 Am. St. Rep. 670, 34 L. R. A.

156, 44 N. E 773; also Ann. Cas.

1912B, 1120. Consortium vicinorum. Society of

one's neighbors. Conspiracy. A combination of two

or more persons to procure an unlawful object, or to procure a lawful object by unlawful means. See 159 Pa. St. 420, 39 Am. St. Rep. 686, 23 L. R. A. 135, 28 Atl.

190. Conspirators. Persons joining in a

conspiracy. Constable. A peace officer who

serves process in minor cases. Constablery. The jurisdiction of a

constable. Constablewick. The jurisdiction of

a constable. Constabulary. The constables of a

district. Constat. It is clear; a certificate

that certain matters appear of

record. See 2 N. C. 410. Constate. To verify or prove. Constating instruments. Documents

fixing the charter of a corporation.

See 37 N. J. Eq. 363. Constituent. An agent's principal. Constituere. To appoint; to estab

lish; to ordain. Constituted authorities. The exist

ing lawfully appointed officers of

the government. Consti Constitutio. A constitution; a stat

ute. Constitutio dotis. Establishment of

dower. Constitution. The fundamental law

governing a state. Constitution of the United States.

The fundamental law of the
United States in effect March 4,

1789. Constitutional. Consonant with the

constitution.

CONSTITUTIONAL

CONSUETUDO

rtain.

Constitutional convention. A con. paid by another and such property

vention of delegates met to form will be held by the former in trust or amend à constitution.

for the latter. See 97 Cal. 575, 33 Constitutiones. Laws of the Roman

Am. St. Rep. 209, 21 L. R. A. 33,

32 Pac. 579. emperors.

Consuetudinary Constitutiones tempore posteriores

law. Law estab

lished by custom. potiores sunt his quae ipsas praecesserunt. Later laws prevail Consuetudo. A custom or usage. over those which preceded them.

Consuetudo contra rationem introConstitutions of Clarendon. English ducta, potius usurpatio quam con

statutes passed in 1164 limiting suetudo appellari debet. A custhe powers of the church.

tom introduced contrary to reason Constitutor. One promising to pay

ought rather to be called a usur

pation than a custom. another's debt. Constitutum. An agreement to pay

Consuetudo curiae. The custom of an existing debt.

the court. Constitutum esse eam domun unicui. Consuetudo debet esse certa; nam

que nostrum debere existimari, ubi incerta pro nullis habentur. A quisque sedes et tabulas haberet, custom should be certain, for unsuarumque rerum constitutionem certain things are held as nothing. fecisset. It is established that

Consuetudo debet esse certa. A custhe home of each of us is consid

tom ought to be certain. ered to be where he has his abode and his books and where he may Consuetudo est altera lex. Custom have made an establishment of his is another sort of law. business.

Consuetudo est optimus interpres Constraint. Duress; restraint.

legum. Custom is the best interConstructio legis non facit injuriam.

preter of law. The interpretation of the law Consuetudo et communis assuetudo works no wrong.

vincit legem non scriptam, si sit Construction. Interpretation; ex

specialis, et interpretatur legem planation.

scriptam, si lex sit generalis. CusConstruction, court of. See Court

tom and common usage override

the unwritten law, if it is special, of Construction.

and explain the written law, if the Constructive. Presumed; inferred;

law is general. imputed.

Consuetudo ex certa causa rationConstructive contempt. An act com

abili usitata privat communem mitted out of court but tending

legem. Custom adopted from certo obstruct justice.

tain reasonable cause supersedes Constructive notice. Notice conclu the common law.

sively presumed. See 109. U. S. Consuetudo, licet sit magnae auctor504, 27 L. Ed. 1012, 3 Sup. Ct. Rep.

itatis, nunquam tamen praejudicat 357.

manifestae veritati. Custom, Constructive trust. Exists when though it may be high authority,

property is purchased in the name should never be prejudicial to of one, but the consideration is plain truth.

CONSUETUDO

CONTESTATIO

Consuetudo loci observanda est. The

custom of the locality should be

observed. Consuetudo manerii et loci obser

vanda est. The custom of the manor and the locality should be

observed. Consuetudo mercatorum. The cus

tom of merchants. Consuetudo neque injuria oriti, neque

tolli potest. A custom can neither spring from nor be overcome by a

wrongful act. Consuetudo non habitur in conse

quentiam. A custom should not

be turned into a consequence. Consuetudo non trahitur in conse

quentiam. Custom is not to be

drawn into consequence. Consuetudo praescripta et legitima

vincit legem. A prescriptive and

lawful custom prevails over law. Consuetudo regni Angliae est lex

Angliae. The custom of the Eng. lish kingdom is the law of Eng.

land. Conseutudo semel reprobata non

potest amplius induci. A custom once denied cannot be further in

voked. Consuetudo tollit communem legem.

Custom supersedes the common

Consular courts. Courts presided

over by a foreign consul. Consulatory response. A court's

opinion on a matter submitted. Consultation. See Writ of consulta:

tion. Consummate. To complete; to carry

out. Consummation of marriage. Com

pletion by sexual intercourse. See

75 Cal. 1, 16 Pac. 345. Contango. A broker's charge for

carrying over a customer's account

to the next settling day. Contek. Strife; contention. Contemner. One guilty of contempt. Contemplation of bankruptcy. An

intention to go through bankruptcy. See 3 McLean (U. S.), 587, Fed. Cas. No. 8888. Contemporanea expositio est optima

et fortissima in lege. A contemporaneous exposition is the best and most powerful in law. Contempt. Disobedience of court

orders or breach of decorum of a court. See 85 Cal. 603, 20 Am.

St. Rep. 248, 25 Pac. 256. Contempt of court. The willful dis

regard of a court's authority. See 11 Mont. 126, 28 Am. St. Rep. 451, 27 Pac. 336. Contemptibiliter. Contemptuously. Contenement. That which is neces

sarily appurtenant to a tenement. Contentious jurisdiction. Jurisdic

tion of causes between contend

ing parties. Conterminous. Having a common

boundary. Contestatio litis. An issue, joinder

of issue. Contestatio litis eget terminos con

tradictarios. An issue requires contradictory conclusions.

law.

Consuetudo vincit communem legem.

Custom supersedes the common

law. Consuetudo volentes ducit: lex nol

entes trahit. Custom leads the

willing; law drags the unwilling. Consul. A government agent in a

foreign place to protect the citizens and trade of his country.

See 103 U. S. 261, 26 L. R. A. 539. Consular agent. An officer having

functions similar to a consul's but of lesser authority.

CONTEXT

CONTRA

Context. Accompanying words of a

writing. Contiguous. Adjoining; adjacent;

touching. Continens. (Roman Law) Joined to

gether. Contingency. An event which may

happen. See 39 Barb. (N. Y.)

272. Contingency with double aspect. A

second remainder limited to take

effect in case the first one fails. Contingent damages. Damages

awarded on the trial of counts not demurred to before decision on the demurrer to other count or

counts. See 1 Strange, 431. Contingent estate. One wherein the

person who is to enjoy it, or the event upon which it is to arise, is uncertain. See 185 Pa. St. 179, 64 Am. St. Rep. 621, 39 Atl. 879; 64

Am. St. Rep. 658, note. Contingent fee. An attorney's fee made dependent upon the outcome

of the suit. Contingent legacy. A legacy de

pendent upon an uncertain event. Contingent remainder. One so con

ditioned upon an uncertain event. See 89 Mich. 428, 28 Am. St. Rep.

310, 50 N. W. 1077. Contingent use. A use the vesting

of which is conditioned upon an uncertain event. See 4 N. J. L.

94. Continual claim. An attempted en

try by one entitled to possession made once each year and day to

keep alive his right. Continuance. Postponement; ad

journment. Continuando. A form of pleading

continued or repeated trespasses

in one action. See 2 Mass. 50. Continuing consideration. A consid.

eration partly executed.

continuous easement. An easement

enjoyed without any act of the dominant owner, as an easement of light and air. See 68 N. Y. 66,

23 Am. Rep. 149. Contra. Against; to the contrary. Contra bonos mores. Against good

morals. Contra forman collationis. A writ

by which a donor of lands to be held by religious service could re

cover it after wrongful alienation. Contra formam doni. Against the

form of the grant. Contra formam feoffamenti. A writ

whereby a tenant could resist the demanded performance of more services than the charter of his

ancestor required. Contra formam statuti in hoc casu nuper edicť et provis’. Against the form of the statute in such

case lately made and provided. Contra jus belli. Against the laws

of war. Contra jus commune. Against com

mon right. Contra legem facit qui id facit quod lex prohibet; in fraudem vero qui, salvis verbis legis, sententiam ejus circumvenit. He acts contrary to law who does what the law prohibits; but he acts in fraud of it who, the letter of the law being

inviolate, cheats the spirit of it. Contra legem terrae. Against the

law of the land. Contra negantem principia non est disputandum. It is useless to dispute with one who denies prin

ciples. Contra non valentem agere nulla cur

rit praescriptio. No prescription runs against one who is unable to act. Contra omnes gentes. Against all

the people.

CONTRA

CONTRIBUTORY

Contra pacem. Against the peace. Contradict. To disprove testimony Contra pacem domini regis. Against

which has been received. the peace of our lord the king. Contradiction in terms. An expresContra proferentem. Against the

sion contradicting itself. offeror.

Contraescritura. (Spanish) An inContra tabulas. Contrary to the

strument executed secretly by parwill,

ties to a public contract to modify Contra veritatem lex nunquam ali

its terms. quid permittit. The law never al Contrafactio. Counterfeiting. lows anything contrary to the contrainte par corps. Arrest; im. truth.

prisonment for debt. Contraband of war. Goods which a Contraligatio. A counter-obligation. neutral cannot ship to a belliger

Contramandatio placiti. Extending ent without violating a treaty or

the time to plead. international law. See 4 Heisk.

Contraplacitum. A counter-plea. (Tenn.) 345. Contracausator. One guilty of

Contrapositio. A plea. crime.

Contrariorum contraria est ratio. Contract. An agreement between

The reason for contrary things is

contrary. two or more to do or not to do a particular thing. See 11 Pet.

Contrarotulator. (French) A con(U. S.) 420, 9 L. Ed. 773.

troller. Contract of beneficence. One bene

Contrat. (French) A contract. fiting only one of the parties. Contratenere. To withhold. Contract of record. A term some- Contravention. Violation; infrac

times applied to a judgment. See tion. 95 N. Y. 428.

Contrectare. To take. Contractio rei alienae animo furandi, Contrectatio rei alienae animo fur

est furtum. Larceny is the tak andi, est furtum. The taking of ing and carrying away of a thing the goods of another with intent with intent to steal.

to steal is larceny. Contractor. A party to a contract. Contrefaçon. (French) An infracContractus. A contract.

tion of a copyright Contractus bonae fidei. A Roman Contribution. Payment by co-obli

law contract subject to an equi gors of their several shares of liatable defense.

bility; a suit to compel such payContractus est quasi actus contra

ment. See 4 Johns. Ch. (N. Y.) actum. A contract is, as it were,

545. an act for an act.

Contributione facienda. See De conContractus ex turpi causa, vel contra

tributione facienda. bonos mores nullus est. A con- Contributory. One liable as a memtract with a base consideration or ber to contribute to the assets on against good morals is void.

the winding up of a company. Contractus legem ex conventione ac- Contributory negligence. Negli

cipiunt. Contracts take their law gence of a plaintiff contributing, from the agreement.

with the defendant's negligence,

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