C2:
CONFRONTATION, crim. law, practice. The act by which a witness
is brought in the presence of the accused, so that the latter may
object to him, if he can, and the former may know and identify
the accused, and maintain the truth in his presence. No man can
be a witness unless confronted with the accused, except by
consent.
CONFUSION. The concurrence of two qualities in the same
subject, which mutually destroy each other. Potli. Ob. P. 3, c. 5
3 Bl. Com. 405; Story Bailm. §40.
CONFUSION OF GOODS. This takes place where the goods of two or
more persons become mixed together so that they cannot be
separated. There is a difference between confusion and
commixtion; in the former it is impossible, while in the latter
it is possible, to make a separation. Bowy. Comm. 88.
2. When the confusion takes place by the mutual consent of the
owners, they have an interest in the mixture in proportion to
their respective shares. 2 Bl. Com. 405; 6 Hill, N. Y. Rep. 425.
But if one willfully mixes his money, corn or hay, with that of
another man, without his approbattion or knowledge, the law, to
guard against fraud, gives the entire property without any
account, to him whose original dominion is invaded land
endeavored to be rendered uncertain, without his cosent. Ib.;
and see 2 Johns. Ch. It. 62 2 Kent's Comm. 297.
3. There may be a case neither of consent nor of wilfulness, in
the confusion of goods; as where a bailee by negligence or
unskilfuluess, or inadvertence, mixes up his own goods of the
same sort with those bailed; and there may be a confusion
arising from accident and unavoidable casualty. Now, in the
latter case of accidental intermixture, the rule, following the
civil law, which deemed the property to be held in common, might
be adopted; and it would make no difference whether the mixture
produced a thing of the same sort or not; as, if the wine of two
persons were mixed by accident. See Dane's Abr. ch. 76, art. 5,
§19.
4. But in cases of mixture by unskilfulness, negligence, or
inadvertence, the true principle seems to be, that if a man
having undertaken to keep the property of another distinct from,
mixes it with his own, the whole must, both at law and in equity,
be taken to be the property of the other, until the former puts
the subject under such circumstances, that it may be
distinguished as satisfactorily as it might have been before the
unauthorized mixture on his part. 15 Ves. 432, 436, 439, 440; 2
John. Ch. R. 62; Story on Bailm. c. l, §40. And see 7 Mass. 11.
123; Dane's Abr. c. 76, art. 3, §15; Com. Dig. Pleader, 3 M 28;
Bac. Ab. Trespass, E 2; 2 Campb. 576; 2 Roll. 566, 1, 15 2 Bul.
Bouvier's Law Dictionary : C2 : Page 1 of 101
323. 2 Cro. 366 , 2 Roll. 393; 5 East, 7; 21 Pick. R. 298.
CONFUSION OF RIGHTS, contracts. When the qualities of debtor
and creditor are united in the same person, there arises a
confusion of rights, which extinguishes the two credits; for
instance, when a woman obliges marries the obligor, the debt is
extinguished. 1 Salk. 306; Cro. Car. 551; 1 Ld. Raym. 515; Ca.
Ch. 21, 117. There is, however, an excepted case in relation to a
bond given by the husband to the wife; when it is given to the
intended wife for a provision to take effect after his death. 1
Ld. Raym. 515; 5 T. R. 381; Hut. 17 Hob. 216; Cro. Car. 376;
1 Salk. 326 Palm. 99; Carth. 512; Com. Dig. Baron & Feme, D. A
further exception is the case of a divorce. If one be bound in an
obligation to a feme sole and then marry her, and afterwards they
are divorced, she may sue her former husband on the obligation,
notwithstanding, her action was in suspense during the marriage.
26 H. VIII. 1.
2. Where a person possessed of an estate, becomes in a
different right entitled to a charge upon the estate; the charge
is in general merged in the estate, and does not revive in favor
of the personal representative against the heir; there are
particular exceptions, as where the person in whom the interests
unite is a minor, and can therefore dispose of the personalty,
but not of the estate; but in the case of a lunatic the merger
and confusion was ruled to have taken place. 2 Ves. jun. 261. See
Louis. Code, art. 801 to 808; 2 Ld. R. 527; 3 L. R. 552 4 L. R.
399, 488. Burge on Sur. Book 2, c. 11, p. 253.
CONGE'. A French word which signifies permission, and is
understood in that sense in law. Cunn. Diet. h. t. In the French
maritime law, it is a species of passport or permission to
navigate, delivered by public authority. It is also in the nature
of a clearance. (q. v.) Bouch. Inst. n. 812; Repert. de la
Jurisp. du Notoriat, by Rolland de Villargues. Conge'.
CONGEABLE, Eng. law. This word is nearly obsolete. It is
derived from the French conge', permission, leave; it signifies
that a thing is lawful or lawfully done, or done with permission;
as entry congeable, and the like. Litt. s. 279.
CONGREGATION. A society of a number of persons who compose an
ecclesiastical body. In the ecclesiastical law this term is used
to designate certain bureaux at Rome, where ecclesiastical
matters are attended to. In the United States, by congregation is
meant the members of a particular church, who meet in one place
worsbip. See 2 Russ. 120.
CONGRESS. This word has several significations. 1. An assembly
of the deputies convened from different governments, to treat of
peace or of other political affairs, is called a congress.
2. - 2. Congress is the name of the legislative body of the
United States, composed of the senate and house of
Bouvier's Law Dictionary : C2 : Page 2 of 101
representatives. Const. U. S. art. 1, s. 1.
3. Congress is composed of two independent houses. 1. The
senate and, 2. The house of representatives.
4.- 1. The senate is composed of two senators from each state,
chosen by the legislature thereof for six years, and each senator
has one vote. They represent the states rather than the people,
as each state has its equal voice and equal weight in the senate,
witliout any regard to the disparity of population, wealth or
dimensions. The senate have been, from the first formation of the
government, divided into three classes; and the rotation of the
classes was originally determined by lots, and the seats of one
class are vacated at the end of the second year, and one-third of
the senate is chosen every second year. Const. U. S. art 1, s. 3.
This provision was borrowed from a similar one in some of the
state constitutions, of which Virginia gave the first example.
5. The qualifications which the constitution requires of a
senator, are, that he should be thirty years of age, have been
nine years a citizen of the United States, and, when elected, be
an inhabitant of that state for which he shall be chosen. Art. 1,
s. 3.
6.-2. The house of representatives is composed of members chosen
every second year by the people of the several states, who are
qualified electors of the most numerous branch of the legislature
of the state to which they belong.
7. No person can be a representative until he has attained the
age of twenty-five years, and has been seven years a citizen of
the United States, and is, at the time of his election, an
inhabitant of the state in which he is chosen. Const. U. S. art.
1, §2.
8. The constitution requires that the representatives and
direct taxes shall be apportioned among the several states, which
may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number
of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other
persons. Art. 1, s. 1.
9. The number of representatives shall not exceed one for every
thirty thousand, but each state shall have at least one
representative. Ib.
10. Having shown how congress is constituted, it is proposed
here to consider the privileges and powers of the two houses,
both aggregately and separately.
11. Each house is made the judge of the election, returns, and
qualifications of its own members. Art. 1, s. 5. As each house
acts in these cases in a judicial character, its decisions, like
the decisions of any other court of justice, ought to be
Bouvier's Law Dictionary : C2 : Page 3 of 101
regulated by known principles of law, and strictly adhered to,
for the sake of uniformity and certainty. A majority of each
house shall constitute a quorum to do business but a smaller
number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and
under such penalties, as, each may provide. Each house may
determine the rules of its proceedings; punish its members for
disorderly behaviour; and, with the concurrence of two-thirds,
expel a member. Each house is bound to keep a journal of its
proceedings, and from time to time, publish the same, excepting
such parts as may, in their judgment, require secrecy; and to
enter the yeas and nays on the journal, on any question, at the
desire of one-fifth of the members present. Art. 1, s. 5.
12. The members of both houses are in all cases, except
treason, felony, and breach of the peace, privileged from arrest
during their attendance at the session of their respective
houses, and in going to, and returning from the same. Art. 1, s.
6.
13. These privileges of the two houses are obviously necessary
for their preservation and character; And, what is still more
important to the freedom of deliberation, no member can be
questioned in any other place for any speech or debate in either
house. lb.
14. There is no express power given to either house to punish
for contempts, except when committed by their own members, but
they have such an implied power. 6 Wheat. R. 204. This power,
however, extends no further than imprisonment, and that will
continue no farther than the duration of the power that
imprisons. The imprisonment will therefore terminate with the
adjournment or dissolution of congress.
15. The house of representatives has the exclusive right of
originating bills for raising revenue, and this is the only
privilege that house enjoys in its legislative character, which
is not shared equally with the other; and even those bills are
amendable by the senate in its discretion. Art. 1, s. 7.
16. The two houses are an entire and perfect check upon each
other, in all business appertaining to legislatiou and one of
them cannot even adjourn, during the session of congress, for
more than three days, without the consent of the either nor to
any other place than that in which the two houses shall be
sitting. Art. 1, s. 5.
17. The powers of congress extend generally to all subjects of
a national nature. Congress are authorized to provide for the
common defence and general welfare; and for that purpose, among
other express grants, they have the power to lay and collect
taxes, duties, imposts and excises; to borrow money on the
credit of the United States; to regulate commerce with foreign
nations, and among the several states, and with the Indians; 1
Bouvier's Law Dictionary : C2 : Page 4 of 101
McLean R. 257; to establish all uniform rule of naturalization,
and uniform laws of bankruptcy throughout the United States; to
establish post offices and post roads; to promote the progress
of science and the useful arts, by securing for a limited time to
authors and inventors, the exclusive right to their respective
writings and discoveries; to constitute tribunals inferior to
the supreme court; to define and punish piracies on the high
seas, and offences against the laws of nations; to declare war;
to raise and support armies; to provide and maintain a navy; to
provide for the calling forth of the militia; to exercise
exclusive legislation over the District of Columbia; and to give
full efficacy to the powers contained in the constitution.
18. The rules of proceeding in each house are substantially the
same; the house of representatives choose their own speaker;
the vice-president of the United States is, ex officio, president
of the senate, and gives the casting vote when the members are
equally divided. The proceedings and discussions in the two
houses are generally in public.
19. The ordinary mode of passing laws is briefly this; one
day's notice of a motion for leave to bring in a bill, in cases
of a general nature, is required; every bill must have three
readings before it is passed, and these readings must be on
different days; and no bill can be committed and amended until
it has been twice read. In the house of representatives, bills,
after being twice read, are committed to a committee of the whole
house, when a chairman is appointed by the speaker to preside
over the committee, when the speaker leaves the chair, and takes
a part in the debate as an ordinary member.
20. When a bill has passed one house, it is transmitted, to tho
other, and goes through a similar form, though in the senate
there is less formality, and bills are often committed to a
select committee, chosen by ballot. If a bill be altered or
amended in the house to which it is transmitted, it is then
returned to the house in which it orignated, and if the two
houses cannot agree, they appoint a committee to confer on the
subject See Conference.
21. When a bill is engrossed, and has received the sanction of
both houses, it is sent to the president for his approbation. If
he approves of the bill, he signs it. If he does not, it is
returned, with his objections, to the house in which it
originated, and that house enters the objections at large on
their journal, and proceeds to re-consider it. If, after such
re-consideration, two-thirds of the house agree to pass the bill,
it is sent, together with the objections, to the other house, by
which it is likewise re-considered, and if approved by two-thirds
of that house, it becomes a law. But in all such cases, the votes
of both houses are determined by yeas and nays; and the names of
the persons voting for and against the bill, are to be entered on
the journal of each house respectively.
Bouvier's Law Dictionary : C2 : Page 5 of 101
22. If any bill shall not be returned by the president within
ten days (Sundays excepted) after it shall have been presented to
him, the same shall be a law, in like manner as if he had signed
it, unless the congress, by their adjournment, prevent its
return; in which case it shall not be a law. Art. 1, s. 7. See
House of Representatives; President; Senate; Veto; Kent, Com.
Lecture xi.; Rawle on the Const. ch. ix.
CONGRESS, med. juris. This name was anciently given in France,
England, and other countries, to the-indecent intercourse between
married persons, in the presence of witnesses appointed by the
courts, in cases when the husband or wife was charged by the
other with impotence. Trebuchet, Jurisp. de Med. 101 Dictionnaire
des Sciences Medicales, art. Congres, by Marc.
CONJECTURE. Conjectures are ideas or notions founded on
probabilities without any demonstration of their truth. Mascardus
has defined conjecture: "rationable vestigium latentis veritatis,
unde nascitur opinio sapientis;" or a slight degree of credence
arising from evidence too weak or too remote to produce belief.
De Prob. vol. i. quoest. 14, n. 14. See Dict. de Trevoux, h. v.;
Denisart, h. v.
CONJOINTS. Persons married to each other. Story, Confl. of L.
§71; Wolff. Dr. de la Nat. §858.
CONJUGAL. Matrimonial; belonging, to marriage as, conjugal
rights, or the rights which belong to the husband or wife as
such.
CONJUNCTIVE, contracts, wills, instruments. A term in grammar
used to designate particles which connect one word to another, or
one proposition to another proposition.
2. There are many cases in law, where the conjunctive and is
used for the disjunctive or, and vice versa.
3. An obligation is conjunctive when it contains several things
united by a conjunction to indicate that they are all equally the
object of the matter or contract for example, if I promise for a
lawful consideration, to deliver to you my copy of the Life of
Washington, my Encyclopaedia, and my copy of the History of the
United States, I am then bound to deliver all of them and cannot
be discharged by delivering one only. There are, according to
Toullier, tom. vi. n. 686, as many separate obligations Is there
are things to be delivered, and the obligor may discharge himself
pro tanto by delivering either of them, or in case of refusal the
tender will be valid. It is presumed, however, that only one
action could be maintained for the whole. But if the articles in
the agreement had not been enumerated; I could not, according to
Toullier, deliver one in discharge of my contract, without the
consent of the creditor; as if, instead of enumerating the,
books above mentioned, I had bound myself to deliver all my
books, the very books in question. Vide Disjunctive, Item, and
Bouvier's Law Dictionary : C2 : Page 6 of 101
the case, there cited; and also, Bac. Ab. Conditious, P; 1 Bos.
& Pull. 242; 4 Bing. N. C. 463 S. C. 33 E. C. L. R. 413; 1
Bouv. Inst. n. 687-8.
CONJURATION. A swearing together. It signifies a plot, bargain,
or compact made by a number of persons under oath, to do some
public harm. In times of ignorance, this word was used to signify
the personal conference which some persons were supposed to have
had with the devil, or some evil spirit, to know any secret, or
effect any purpose.
CONNECTICUT. The name of one of the original states of the
United States of America. It was not until the year 1665 that the
territory now known as the state of Connecticut was united under
one government. The charter was granted by Charles II. in April,
1662, but as it included the whole colony of New Haven, it was
not till 1665 that the latter ceased its resistance, when both
the colony of Connecticut and that of New Haven agreed, and then
they were indissolubly united, and have so remained. This
charter, with the exception of a temporary suspension, continued
in force till the American revolution, and afterwards continued
as a fundamental law of the state till the year 1818, when the
present constitution was adopted. 1 Story on the Const. §86-88.
2. The constitution was adopted on the fifteenth day of
September, 1818. The powers of the government are divided into
three distinct departments, and each of them confided to a
separate magistracy, to wit: those which are legislative, to one;
those which are executive to another; and those which are
judicial to a third. Art. 2.
3. - 1st. The legislative power is vested in two distinct
houses or branches, the one styled the senate, and the other the
house of representatives, and both together the general assembly.
1. The senate consists of twelve members, chosen annually by the
electors. 2. The house of representatives consists of electorr
residing in towns from which they are elected. The number of
representatives is to be the same as at present practised and
allowed; towns which may be hereafter incorporated are to be
entitled to one representative only.
4. - 2d. The executive power is vested in a governor and
lieutenant-governor. 1. The supreme executive power of the state
is vested in a governor, chosen by the electors of the state; he
is to hold his office for one year from the first Wednesday of
May, next succeeding his election, and until his successor be
duly qualified. Art. 4, s. 1. The governor possesses the veto
power, art. 4, s. 12. 2. The lieutenant-governor is elected
immediately after the election of governor, in the same manner as
is provided for the election of governor, who continues in office
the same time, and is to possess the same qualifications as the
governor. Art. 4, s. 3. The lieutenant-governor, by virtue of his
office, is president of the senate; and in case of the death,
resignation, refusal to serve, or removal from office of the
Bouvier's Law Dictionary : C2 : Page 7 of 101
governor, or of his impeachment or absence from the state, the
lieutenant-governor exercises all the powers and authority
appertaining to the office of governor, until another be chosen,
at the next periodical election for governor, and be duly
qualified; or until the governor, impeached or absent, shall be
acquitted or return. Art. 4, s. 14.
5. - 3d. The judicial, power of the state is vested in a
supreme court of errors, a superior court, and such inferior
courts as the general assembly may, from time to time, ordain and
establish; the powers of which courts shall be defined. A
sufficient number of justices of the peace, with such
jurisdiction, civil and criminal, as the general assembly may
prescribe, are to be appointed in each county. Art. 5.
CONNIVANCE. An agreement or consent, indirectly given, that
something unlawful shall be done by another.
2. The connivance of the husband to his wife's prostitution
deprives him of the right of obtaining a divorce; or of
recovering damages from the seducer. 4 T. R. 657. It may be
satisfactorily proved by implication.
3. Connivance differs from condonation, (q. v.) though either
may have the same legal consequences. Connivance necessarily
involves criminality on the part of the individual who connives,
condonation may take place without implying the slightest blame
to the party who forgives the injury.
4. Connivance must be the act of the mind before the offence
has been committed; condonation is the result of a determination
to forgive an injury which was not known until after it was
inflicted. 3 Hagg. Eccl. R. 350.
5. Connivance differs, also, from collusion (q. Y.); the
former is generally collusion. for a particular purpose, while
the latter may exist without connivance. 3 Hagg, Eccl. R. 130.
Vide Shelf. on Mar. & Div. 449; 3 Hagg. R. 82; 2 Hagg. R. 376;
Id. 278; 3 Hagg. R. 58, 107, 119, 131, 312; 3 Pick. R. 299; 2
Caines, 219; Anth. N.P. 196.
CONQUEST, feudal law. This term was used by the feudists to
signify purchase.
CONQUEST, international law. The acquisition of the sovereignty
of a country by force of arms, exercised by an independent power
which reduces the vanquished to the submission of its empire.
2. It is a general rule, that where conquered countries have
laws of their own, these laws remain in force after the conquest,
until they are abrogated, unless they are contrary to our
religion, or enact any malum in se. In all such cases the laws of
the conquering country prevail; for it is not to be presumed
that laws opposed to religion or sound morals could be
Bouvier's Law Dictionary : C2 : Page 8 of 101
sanctioned. 1 Story, Const. §150, and the cases there cited.
3. The conquest and military occupation of a part of the
territory of the United States by a public enemy, renders such
conquered territory, during such occupation, a foreign country
with respect to the revenue laws of the United States. 4 Wheat.
R. 246; 2 Gallis. R. 486. The people of a conquered territory
change theirallegiance, but, by the modern practice, their
relations to each other, and their rights of property, remain the
same. 7 Pet. R. 86.
4. Conquest does not, per se, give the conqueror plenum
dominium et utile, but a temporary right of possession and
government. 2 Gallis. R. 486; 3 Wash. C. C. R. 101. See 8 Wheat.
R. 591; 2 Bay, R. 229; 2 Dall. R. 1; 12 Pet. 410.
5. The right which the English government claimed over the
territory now composing the United States, was not founded on
conquest, but discovery. Id. §152, et seq.
CONQUETS, French law. The name given to every acquisition which
the husband and wife, jointly or severally, make during the
conjugal community. Thus, whatever is acquired by the husband and
wife, either by his or her industry or good fortune, enures to
the extent of one-half for the benefit of the other. Merl. Rep.
mot Conquet; Merl. Quest. mot Conquet. In Louisiana, these gains
are called aquets. (q. v.) Civ. Code of Lo. art. 2369.
CONSANGUINITY. The relation subsisting among all the different
persons descendiug from the same stock, or common ancestor.
Vaughan, 322, 329; 2 Bl. Com. 202 Toull. Dr. Civ.. Fr. liv. 3,
t. 1, ch. n 115 2 Bouv. Inst. n. 1955, et seq.
2. Some portion of the blood of the common ancestor flows
through the veins of all his descendants, and though mixed with
the blood flowing from many other families, yet it constitutes
the kindred or alliance by blood between any two of the
individuals. This relation by blood is of two kinds, lineal and
collateral.
3. Lineal consanguinity is that relation which exists among
persons, where one is descended from the other, as between the
son and the father, or the grandfather, and so upwards in a
direct ascending line; and between the father and the son, or
the grandson, and so downwards in a direct descending line. Every
generation in this direct course males a degree, computing either
in the ascending or descending line. This being the natural mode
of computing the degrees of lineal, consanguinity, it has been
adopted by the civil, the canon, and the common law.
4. Collateral consanguinity is the relation subsisting among
persons who descend from the same commnon ancestor, but not from
each other. It is essential to constitute this relation, that
they spring from the same common root or stock, but in different
branches. The mode of computing the degrees is to discover the
Bouvier's Law Dictionary : C2 : Page 9 of 101
common ancestor, to begin with him to reckon downwards, and the
degree the two persons, or the more remote of them, is distant
from the ancestor, is the degree of kindred subsisting between
them. For instance, two brothers are related to each other in the
first degree, because from the father to each of them is one
degree. An uncle and a nephew are related to each other in tho
second degree, because the nephew is two degrees distant from the
common ancestor, and the rule of computation is extended to the
remotest degrees of collateral relationship. This is the mode of
computation by the common and canon law. The method of computing
by the civil law, is to begin at either of the persons in
questian and count up to the common ancestor, and then downwards
to the, other person, calling it a degree for each person, both
ascending and descending, and the degrees they stand from each
other is the degree in which they stand related. Thus, from a
nephew to his father, is one degree; to the grandfather, two
degrees and then to the uncle, three; which points out the
relationship.
5. The following table, in which the Roman numeral letters
express the degrees by the civil law, and those in Arabic figures
at the bottom, those by the common law, will fully illustrate the
subject.
+--------------------+
| IV. |
|Great grand-father's|
| father |
| 4 |
+--------------------+\
| \
+--------------------+---+-----------------+
| III. | | V. |
| Great grand-father | |Great grand-uncle|
| 3. | | |
+--------------------+---+-----------------+
| \
+--------------------+---+----------------+
| II. | | IV. |
| Grand father | | Great uncle. |
| 2. | | 3 |
+--------------------+---+----------------+
| \ \
+--------------------+---+----------------+---+-----------------+
| I. | | III. | | V.
|
| Father | | Uncle. | |Great Uncle's son|
| 1. | | 2. | | 3. |
+--------------------+---+----------------+---+-----------------+
| \ \ \
+-----------------+---+---------------+----+---------------+----+
Bouvier's Law Dictionary : C2 : Page 10 of 101
------------+
| | | II. | | IV. | |
VI. |
|Intestate person | | Brother | | Cousin german | |
2nd. Cousin|
| proposed. | | 1 | | 2 | |
3 |
+-----------------+---+---------------+----+---------------+----+
------------+
| \
+--------------------+---------------------+--------------+----+-
------------+
| I. | | III. | |
V. |
| Son. | | Nephew |
|Son of Cousin|
| 1. | | 2 | |
german 3 |
+--------------------+
+--------------+----+-------------+
| \
+--------------------+
+------------------+
| II. | | IV.
|
| Grandson. | |Son of Nephew or
|
| 2. | |brother's
grandson|
+--------------------+ | 3
|
| +------------------+
+--------------------+
| III. |
| Great grandson. |
| 3. |
+--------------------+
6. The mode of the civil law is preferable, for it points out
the actual degree of kindred in all cases; by the mode adopted
by the common law, different relations may stand in the same
degree. The uncle and nephew stand related in the second degree
by the common law, and so are two first cousins, or two sons of
two brothers; but by the civil law the uncle and nephew are in
the third degree, and the cousins are in the fourth. The mode of
computation, however, is immaterial, for both will establish the
same person to be the heir. 2 Bl. Com. 202; 1 Swift's Dig. 113;
Toull. Civ. Fr. liv. 8, t. 1, o. 3, n. 115. Vide Branch; Degree;
Line.
Bouvier's Law Dictionary : C2 : Page 11 of 101
CONSCIENCE. The moral sense, or that capacity of our mental
constitution, by which we irresistibly feel the difference
between right and wrong.
2. The constitution of the United States wisely provides that
"no religious test shall ever be required." No man, then, or body
of men, have a right to control a man's belief or opinion in
religious matters, or to forbid the most perfect freedom of
inquiry in relation to them, by force or threats, or by any other
motives than arguments or persuasion. Vide Story, Const.
§1841-1843.
CONSENSUAL, civil law. This word is applied to designate one
species of contract known in the civil laws; these contracts
derive their name from the consent of the parties which is
required in their formation, as they cannot exist without such
consent.
2. The contract of sale, among the civilians, is an example of
a consensual contract, because the moment there is an agreement
between the seller and the buyer as to the thing and the price,
the vendor and the purchaser have reciprocal actions On the
contrary, on a loan, there is no action by the lender or
borrower, although there may have been consent, until the thing
is delivered or the money counted. This is a real contract in the
sense of the civil law. Lec. El. Dr: Rom. §895; Poth. Ob. pt. 1,
c. 1, s. 1, art. 2; 1 Bell's Com. (5th ed.) 435. Vide Contract.
CONSENT. An agreement to something proposed, and differs from
assent. (q. v.) Wolff, Ins. Nat. part 1, SSSS 27-30; Pard. Dr.
Com. part 2, tit. 1, n. 1, 38 to 178. Consent supposes, 1. a
physical power to act; 2. a moral power of acting; 3. a
serious, determined, and free use of these powers. Fonb. Eq. B;
1, c. 2, s. 1; Grot. de Jure Belli et Pacis, lib. 2, c. 11, s.
6.
2. Consent is either express or implied. Express, when it is
given viva voce, or in writing; implied, when it is manifested
by signs, actions, or facts, or by inaction or silence, which
raise a presumption that the consent has been given.
3. - 1. When a legacy is given with a condition annexed to the
bequest, requiring the consent of executors to the marriage of
the legatee, and under such consent being given, a mutual
attachment has been suffered to grow up, it would be rather late
to state terms and conditions on which a marriage between the
parties should take place;. 2 Ves. & Beames, 234; Ambl. 264; 2
Freem. 201; unless such consent was obtained by deceit or fraud.
1 Eden, 6; 1 Phillim. 200; 12 Ves. 19.
4. - 2. Such a condition does not apply to a second marriage. 3
Bro. C. C. 145; 3 Ves. 239.
5. - 3. If the consent has been substantially given, though not
Bouvier's Law Dictionary : C2 : Page 12 of 101
modo et forma, the legatee will be held duly entitled to the
legacy. 1 Sim. & Stu. 172; 1 Meriv. 187; 2 Atk. 265.
6. - 4. When trustees under a marriage settlement are empowered
to sell "with the consent of the husband and, wife," a sale made
by the trustees without the distinct consent of the wife, cannot
be a due execution of their power. 10 Ves. 378.
7. - 5. Where a power of sale requires that the sale should be
with the consent of certain specified individuals, the fact of
such consent having been given, ought to be evinced in the manner
pointed out by the creator of the power, or such power will not
be considered as properly executed. 10 Ves. 308. Vide, generally,
2 Supp. to Ves. jr. 161, 165, 169; Ayliffe's Pand. 117; 1 Rob.
Leg.. 345, 539.
8. - 6. Courts of equity have established the rule, that when
the true owner of property stands by, and knowingly suffers a
stranger to sell the same as his own, without objection, this
will be such implied consent as to render the sale valid against
the true owner. Story on Ag. §91 Story on Eq. Jur. §385 to 390.
And courts of law, unless restrained by technical formalities,
act upon the principles of justice; as, for example, when a man
permitted, without objection, the sale of his goods under an
execution against another person. 6 Adolph. & El 11. 469 9 Barn.
& Cr. 586; 3 Barn. & Adolph. 318, note.
9. The consent which is implied in every agreement is excluded,
1. By error in the essentials of the contract; ,is, if Paul, in
the city of Philadelphia, buy the horse of Peter, which is in
Boston, and promise to pay one hundred dollars for him, the horse
at the time of the sale, unknown to either party, being dead.
This decision is founded on the rule that he who consents through
error does not consent at all; non consentiunt qui errant. Dig.
2, 1, 15; Dig. lib. 1, tit. ult. 1. 116, §2. 2. Consent is
excluded by duress of the party making the agreement.
3. Consent is never given so as to bind the parties, when it is
obtained by fraud. 4. It cannot be given by a person who has no
understanding, as an idiot, nor by one who, though possessed of
understanding, is not in law capable of making a contract, as a
feme covert. See Bouv. Inst. Index, h. t.
CONSENT RULE. In the English practice, still adhered to in some
of the states of the American Union, the defendant in ejectment
is required to enter on record that he confesses the lease,
entry, and ouster of the plaintiff; this is called the consent
rule.
2. The consent rule contains the following particulars, namely:
1. The person appearing consents to be made defendant instead of
the casual ejector; 2. To appear at the suit of the plaintiff;
and, if the proceedings are by bill, to file common bail; 3. To
receive a declaration in ejectment, and plead not guilty; 4. At
Bouvier's Law Dictionary : C2 : Page 13 of 101
the trial of the case to confess lease, entry, and ouster, and
insist upon his title only; 5. That if at the trial, the party
appearing shall not confess lease, entry, and ouster, whereby the
plaintiff shall not be able to prosecute his suit, such party
shall pay to the plaintiff the costs of the nonpros, and suffer
judgment to be entered against the casual ejector; 6. That if a
verdict shall be given for the defendant, or the plaintiff shall
not prosecute his suit for any other cause than the
non-confession of lease, entry, and ouster, the lessor of the
plaintiff shall pay costs to the defendant; 7. When the landlord
appears alone, that the plaintiff shall be at liberty to sign
judgment immediately against the casual ejector, but that
execution shall be stayed until the court shall further order.
Adams, Ej. 233, 234 and for a form see Ad. Ej. Appx. No. 25. Vide
2 Cowen, 442; 4 John. R. 311; Caines' Cas. 102; 12 Wend. 105,
3 Cowen, 356; 6 Cowen, 587; 1 Cowen, 166; and Casual Ejector;
Ejectment.
CONSEQUENTIAL DAMAGES, torts. Those damages or those losses
which arise not from the immediate act of the party, but in
consequence of such act; as if a man throw a log into the public
streets, and another fall upon it and become injured by the fall
or if a man should erect a dam over his own ground, and by that
means overflow his neighbor's, to his injury.
2. The form of action to be instituted for consequential
damages caused without force, is by action on the case. 3 East,
602; 1 Stran. 636; 5 T. R. 649; 5 Vin. Ab. 403; 1 Chit. Pl.
127 Kames on Eq. 71; 3 Bouv. Inst. n. 3484, et seq. Vide
Immediate.
CONSERVATOR. A preserver, a protector.
2. Before the institution of the office of justices of the
peace in England, the public order was maintained by officers who
bore the name of conservators of the peace. All judges, justices,
sheriffs and constables, are conservators of the peace, and are
bound, ex officio, to be aiding and assisting in preserving
older.
3. In Connecticut, this term is applied to designate a guardian
who has the care of the estate of an idiot. 5 Conn. R. 280.
CONSIDERATIO CURLAE, practice. The judgment of the court. In
pleadings where matters are determined by the court, it is said,
therefore it is considered and adjudged by the court ideo
consideratum est per curiam.
CONSIDERATION, contracts. A compensation which is paid, or all
inconvenience suffered by the, party from whom it proceeds. Or it
is the reason which moves the contracting party to enter into the
contract. 2 Bl. Com. 443. Viner defines it to be a cause or
occasion meritorious, requiring a mutual recompense in deed or in
law. Abr. tit. Consideration, A. A consideration of some sort or
Bouvier's Law Dictionary : C2 : Page 14 of 101
other, is so absolutely necessary to the forming a good contract,
that a nudum pactum, or an agreement to do or to pay any thing on
one side, without any compensation to the other, is totally void
in law, and a man cannot be compelled to perform it. Dr. & Stud.
d. 2, c. 24 3 Call, R. 439 7 Conn. 57; 1 Stew. R. 51 5 Mass. 301
4 John. R. 235; C. Yerg. 418; Cooke, R. 467; 6 Halst. R. 174;
4 Munf. R. 95. But contracts under seal are valid without a
consideration; or, perbaps, more properly speaking, every bond
imports in itself a sufficient consideration, though none be
mentioned. 11 Serg. & R. 107. Negotiable instruments, as bills of
exchange and promissory notes, carry with them prima facie
evidence of consideration. 2 Bl. Com. 445.
3. The consideration must be some benefit to the party by whom
the promise is made, or to a third person at his instance; or
some detriment sustained at the instance of the party promising,
by the party in whose favor the promise is made. 4 East, 455; .1
Taunt. 523 Chitty on Contr. 7 Dr. & Stu. 179; 1 Selw. N. P. 39 ,
40; 2 pet. 182 1 Litt. 123; 3 John. 100; 6 Mass. 58 2 Bibb.
30; 2 J. J. Marsh. 222; 5 Cranch, 142, 150 2 N. H. Rep. 97
Wright, It. 660; 14 John. R. 466 13 S. & R. 29 3 M. Gr. & Sc.
321.
4. Considerations are good, as when they are for natural love
and affection; or valuable, when some benefit arises to the
party to whom they are made, or inconvenience to the party making
them. Vin. Abr. Consideration, B; 5 How. U. S. 278; 4 Barr,
364; 3 McLean, 330; 17 Conn. 511; 1 Branch, 301; 8 Ala. 949.
5. They are legal, which are sufficient to support the contract
or illegal, which render it void. As to illegal considerations,
see 1 Hov. Supp. to Ves. jr. 295; 2 Hov. Supp. to Ves. jr. 448;
2 Burr. 924 1 Bl. Rep. 204. If the, performance be utterly
impossible, in fact or in law, the consideration is void. 2 Lev.
161; Yelv. 197, and note; 3 Bos. & Pull. 296, n. 14 Johns. R.
381.
6. A mere moral obligation to pay a debt or perform a duty, is
a sufficient consideration for an express promise, although no
legal liability existed at the time of making such promise. Cowp.
290 Bl. Com. 445 3 Bos. & Pull. 249, note; 2 East, 506; 3
Taunt. 311; 5 Taunt. 36; 13 Johns. R. 259; Yelv. 41, b, note;
3 Pick. 207. But it is to be observed, that in such cases there
must have been a good or valuable consideration; for example,
every one is under a moral obligation to relieve a person in
distress, a promise to do so, however, is not binding in law. One
is bound to pay a debt which he owes, although he has been
released; a promise to pay such a debt is obligatory in law on
the debtor, and can therefore be enforeed by action. 12 S. & R.
177; 19 John. R. 147; 4 W. C. C. R. 86, 148; 7 John. R. 26;
14 John. R. 178; 1 Cowen, R. 249; 8 Mass. R. 127. See 7 Conn.
R. 57; 1 Verm. R. 420; 5 Verm. R. 173; 5. Ham. R. 58; 3
Penna. R. 172; 5 Binn. R. 33.
Bouvier's Law Dictionary : C2 : Page 15 of 101
7. In respect of time, a consideration is either, 1st.
Executed, or Something done before the making of the obligor's
promise. Yelv. 41, a. n. In general, an executed consideration is
insufficient to support a contract; 7 John. R. 87; 2 Conn. R.
404; 7 Cowen, R. 358; but an executed consideration on request;
7 John. R. 87 1 Caines R. 584; or by some previous duty, or if
the debt be continuing at the time, or it is barred by some rule
of law, or some provision of a statute, as the act of limitation,
it is sufficient to maintain an action. 4 W. C. C. R. 148 14
John. R. 378 17 S. & R. 126. 2d. Executory, or something to be
done after such promise. 3d. Concurrent, as in the case of mutual
promises; and, 4th. A continuing consideration. Chitty on Contr.
16.
8. As to cases where the contract has been set aside on the
ground of a total failure of the consideration, see 11 Johns. R.
50; 7 Mass. 14; 8 Johns. R. 458; 8 Mass. 46 6 Cranch, 53; 2
Caines' Rep. 246 and 1 Camp. 40, n. When the consideration turns
out to be false and fails, there is no contract; as, for
example, if my father by his will gives me all his estate,
charged with the payment of a thousand dollars, and I promise to
give you my house instead of the legacy to you, and you agree to
buy it with the legacy, and before the contract is completed, and
I make you a deed for the house, I discover that my father made a
codicil to his will and by it be revoked the gift to you' I am
not bound to complete the contract by making you a deed for my
house. Poth. on Oblig. part 1, c. 1, art. 3, §6. See, in general,
Obligation,, New Promise; Bouv. Inst. Index. b. t,; Evans'
Poth. vol. ii. p. 19; 1 Fonb. Eq. 335; Newl. Contr. 65; 1 Com.
Contr. 26; Fell on Guarrant. 337; 3 Chit. Com. Law, 63 to 99;
3 Bos. & Pull. 249, n; 1 Fonb. Eq. 122, note z; Id. 370, note
g; 5 East, 20, n.; 2 Saund. 211, note 2; Lawes Pl. Ass. 49; 1
Com. Dig. Action upon the case upon Assumpsit, B Vin. Abr.
Actions of Assumpsit, Q; Id. tit. Consideration.
CONSIDERATUM EST per curiam. It is considered by the court.
This formula is used in giving judgments. A judgment is the
decision or sentence of the law, given by a court of justice, as
the result of proceedings instituted therein, for the redress of
an injury. The language of the judgment is not, therefore, that "
it is decreed," or " resolved," by the court; but that " it is
considered by the court," consideratum est per curiam, that the
plaintiff recover his debt, &c. 3 Bouv. Inst. n. 3298.
CONSIGNATION, contracts. In the civil law, it is a deposit
which a debtor makes of the thing that he owes, into the hands of
a third person, and under the authority of a court of justice.
Poth. Oblig. P. 3, c. 1, art. 8.
2. Generally the consignation is made with a public officer it
is very similar to our practice of paying money into court.
3. The term to consign, or consignation, is derived from the
Latin consignare, which signifies to seal, for it was formerly
Bouvier's Law Dictionary : C2 : Page 16 of 101
the practice to seal up the money thus received in a bag or box.
Aso & Man. Inst. B. 2, t. 11, c. 1, §5. See Burge on Sur. 138.
CONSIGNEE, contracts. One to whom a consignment is made.
2. When the goods consigned to him are his own, and they have
been ordered to be sent, they are at his risk the moment the
consignment is made according to his direction; and the persons
employed in the transmission of the goods are his agents. 1
Liverm. on Ag, 9. When the goods are not his own, if he accept
the consignment, he is bound to pursue the instructions of the
consignor; as if the goods be consigned upon condition that the
consignee will accept the consignor's bills, he is bound to
accept them; Id. 139; or if he is directed to insure, he must
do so. Id. 325.
3. It is usual in bills of lading to state that the goods are
to be delivered to the consignee or his assigns, he or they
paying freight; in such case the consignee or his assigns, by
accepting the goods, by implication, become bound to pay the
freight, Abbott on Sh. p. 3, c. 7, §4; 3 Bing. R, 383.
4. When a person acts, publicly as a consignee, there is an
implied engagement on his part that he will be vigilant in
receiving goods consigned to his care, so as to make him
responsible for any loss which the owner may sustain in
consequence of his neglect. 9 Watts & Serg. 62.
CONSIGINMENT. The goods or property sent by a common carrier
from one or more persons called the consignors, from one place,
to one or more persons, called the consignees, who are in
another. By this term ig also understood the goods sent by one
person to another, to be sold or disposed of by the latter for
and on account of the former.
CONSIGNOR, contracts. One who makes a consignment to another.
2. When goods are consigned to be sold on commission, and the
property remains in the consignor; or when goods have been
consigned upon a credit, and the consignee has become a bankrupt
or failed, the consignor has a right to stop them in transitu.
(q. v.) Abbot on Sh. p. 3, c.
3. The consignor is generally liable for the freight or the
hire for the carriage of goods. 1 T. R. 6 5 9.
CONSILIUM, or dies consilii, practice. A time allowed for the
accused to make his defence, and now more commonly used for a day
appointed to argue a demurrer. In civil cases, it is a special
day appointed for the purpose of hearing an argument. Jer. Eq.
Jur. 296; 4 Bouv. Inst. n. 3753.
CONSIMILI CASU. These words occur in the Stat. West. 21 C. 24,
13 Ed. 1. wbich gave authority to the clerks in chancery to form
Bouvier's Law Dictionary : C2 : Page 17 of 101
new writs in consimili casu simili remedio indigente sicut prius
fit breve. In execution of the powers granted by this statute,
many new writs were formed by the clerk's in chancery, especially
in real actions, as writs of quod permittat prosternere, against
the alienee of land after the erection of a nuisance thereon,
according to the analogy of the assize of nuisance, writs of
juris utrum, c. &c. In respect to personal actions, it has, long
been the practice to issue writs in consimili casu, in the most
general form, e. g. in trespass on the case upon promises,
leaving it to the plaintiff to state fully, and at large, his
case in the declaration the sufficiency of which in point of law
is always a question for the court to consider upon the pleadings
and evidence. See Willes, Rep. 580; 2 Lord Ray. 957; 2 Durnf. &
East, 51; 2 Wils. 146 17 Serg. & R.. 195; 3 Bl. Com. 51 7 Co.
4; F. N. B. 206; 3 Bouv. Inst. n. 3482.
CONSISTENT. That which agrees with something else; as a
consistent condition, which is one which agrees with all other
parts of a contract, or which can be reconciled with every other
part. 1 Bouv. Just. n. 752,
CONSISTORY, ecclesiastical law. An assembly of cardinals
convoked by the pope. The consistory is public or secret. It is
vublic, when the pope receives princes or gives audience to
ambassadors; secret, when he fills vacant sees, proceeds to the
canonization of saints, or judges and settles certain
contestations submitted to him.
2. A court which was formerly held among protestants, in which
the bishop presided, assisted by some of his clergy, also bears
this name. It is now held in England, by the bishop's chancellor
or commissary, and some other ecclesiastical officers, either in
the cathedral, church, or other place in his diocese, for the
determination of ecclesiastical cases arising in that diocese.
Merl. Rep. h. t.; Burns' Dict. h. t.
CONSOLATO DEL MARE, (IL). The name of a code of sea laws
compiled by order of the ancient kings of Aragon. Its date is not
very certain, but it was adopted on the continent of Europe, as
the code of maritime law, in the course of the eleventh, twelfth,
and thirteenth centuries. It comprised the ancient ordinances of
the Greek and Roman emperors, and of the kings of France and
Spain; and the laws of the Mediterranean islands, and of Venice
and Genoa. It was originally written in the dialect of Catalonia,
as its title plainly indicates, and it has been translated into
every language of Europe. This code has been reprinted in the
second volume of the " Collection de Lois Maritimes Anterieures
au XVIII. Siecle, par J. M. Pardessus, (Paris, 1831)." A
collection of sea laws, which is very complete.
CONSOLIDATION, civil law. The union of the usufruct with the
estate out of which it issues, in the same person which happens
when the usufructuary acquires the estate, or vice versa. In
either case the usufruct is extinct. In the common law this is
Bouvier's Law Dictionary : C2 : Page 18 of 101
called a merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit. Actions,
V.
2. Consolidation may take place in two ways: first, by the
usufructuary surrendering his right to the proprietor, which in
the common law is called a surrender; secondly, by the release
of the. proprietor of his rights to the usufructuary, which in
our law is called a release.
CONSOLIDATION RULE, practice, com. law. When a number of
actions are brought on the same policy, it is the constant
practice, for the purpose of saving costs, to consolidate them.
by a rule of court or judge's order, which restrains the
plaintiff from proceeding to trial in more than one, and binds
the defendants in all the others to abide the event of that one;
but this is done upon condition that the defendant shall not file
any bill inequity, or bring any writ of error for delay. 2 Marsh.
Ins. 701. For the history of this rule, vide Parke on Ins. xlix.;
Marsh. Ins. B. 1, c. 1 6, s. 4. And see 1 John. Cas. 29; 19
Wend. 23; 13 Wend. 644 5 Cowen, 282,; 4 Cowen, 78; Id. 85; 1
John. 29; 9 John. 262.
2. The term consolidation seems to be rather misapplied in
those cases, for in point of fact there is a mere stay of
proceedings in all those cases but one. 3 Chit. Pr. 644. The rule
is now extended to other cases: when several actions are brought
on the same bond against several obligors, an order for a stay of
proceedings in all but one will be made. 3 Chit. Pr. 645 3 Carr.
& P. 58. See 4 Yeates, R. 128 3 S. & R. 262; Coleman, 62; 3
Rand. 481; 1 N. & M. 417, n.; 1 Cow n 89; 3 Wend. 441; 9
Wend. 451; M. 438, 440, n.; 5 Cowen, 282; 4 Halst. 335; 1
Dall. 145; 1 Browne, Appx. lxvii.; 1 Ala. R. 77; 4 Hill, R.
46; 19 Wend. 23 5 Yerg. 297; 7 Miss. 477; 2 Tayl. 200.,
3. The plaintiff may elect to join in the same suit several
causes of action, in many cases, consistently with the rules of
pleading, but having done so, his election is determined. He
cannot ask the court to consolidate them; 3 Serg. & R. 266; but
the court will sometimes, at the instance of the defendant, order
it against the plaintiff. 1 Dall. Rep. 147, 355; 1 Yeates, 5; 4
Yeates, 128; 2 Arch. Pr. 180; 3 Serg. & R. 264.
CONSOLS, Eng. law. This is an abbreviation for consolidated
annuities. Formerly when a loan was made, authorized by
government, a particular part of the revenue was appropriated for
the payment of the interest and of the principal. This was called
the fund, and every loan had its fund. In this manner the
Aggregate fund originated in 1715; the South Sea fund, in 1717;
the General fund, 1617 and the Sinking fund, into which the
surplus of these three funds flowed, which, although destined for
the diminution of the national debt, was applied to the
necessities of the government. These four funds were consolidated
into one in the year 1787, under the name of consolidated fund.
Bouvier's Law Dictionary : C2 : Page 19 of 101
2. The income arises from the receipts on account of excise,
customs, stamps, and other, perpetual taxes. The charges on it
are the interest on and the redemption of the public debt; the
civil list; the salaries of the judges and officers of state,
and the like.
3. The annual grants on account of the army and navy, and every
part of the revenue which is considered temporary, are excluded
from this fund.
4. Those persons who lent the money to the government, or their
assigns, are entitled to an annuity of three per cent on the
amount lent, which, however, is not to be returned, except at the
option of the government so that the holders of consols are
simply annuitants.
CONSORT. A man or woman married. The man is the consort of his
wife, the woman is the consort of her husband.
CONSPIRACY, crim. law, torts. An agreement between two or more
persons to do an unlawful act, or an act which may become by the
combination injurious to others. Formerly this offence was much
more circumscribed in its meaning than it is now. Lord Coke
describes it as "a consultation or agreement between two or more
to appeal or indict an innocent person falsely and maliciously,
whom accordingly they cause to be indicted or appealed and
afterwards the party is acquitted by the verdict of twelve men."
2. The crime of conspiracy, according to its modern
interpretation, may be of two kinds, Damely, conspiracies against
the public, or such as endanger the public health, violate public
morals, insult public justice, destroy the public peace, or
affect public trade or business. See 3 Burr. 1321.
3. To remedy these evils the guilty persons may be indicted in
the name of the commonwealth. Conspiracies against individuals
are such as have a tendency to injure them in their persons,
reputation, or property. The remedy in these cases is either by
indictment or by a civil action.
4. In order to reader the offence complete, there is no
occasion that any act should be done in pursuance of the unlawful
agreement entered into between the parties, or that any one
should have been defrauded or injured by it. The conspiracy is
the gist of the crane. 2 Mass. R. 337; Id. 538 6 Mass. R. 74; 3
S. & R. 220 4 Wend. R. 259; Halst. R. 293 2 Stew. Rep. 360; 5
Harr. & John. 317 8 S. & R. 420. But see 10 Verm. 353.
5. By the laws of the United State's, St. 1825, c. 76, §23, 3
Story's L. U. S., 2006, a wilful and corrupt conspiracy to cast
away, burn or otherwise destroy any ship or vessel. with intent
to injure any underwriter thereon, or the goods on board thereof,
or any lender of money on such vessel, on bottomry or
respondentia, is, by the laws of the United States, made felony,
Bouvier's Law Dictionary : C2 : Page 20 of 101
and the offender punishable by fine not exceeding ten thousand
dollars, and by imprisonment and confinement at hard labor, not
exceeding ten years.
6. By the Revised Statutes of New York, vol. 2, p. 691, 692, it
is enacted, that if any two or more persons shall conspire,
either, 1. To commit any offence; or, 2. Falsely and maliciously
to indict another for any offence; or, 3. Falsely to move or
maintain any suit; or, 4. To cheat and defraud any person of any
property, by any means which are in themselves criminal; or, 5.
To cheat and defraud any person of any property, by means which,
if executed, would amount to a cheat, or to obtaining property by
false pretences; or, 6. To commit any act injurious to the
public health, to public morals, or to trade and commerce, or for
the perversion or obstruction of justice, or the due
administration of the laws; they shall be deemed guilty of a
misdemeanor. No other conspiracies are there punishable
criminally. And no agreement, except to commit a felony upon the
person of another, or to commit arson or burglary, shall be
deemed a conspiracy, unless some act besides such agreement be
done to effect the object thereof, by one or more of the parties
to such agreement.
7. When a felony has been committed in pursuance of a
conspiracy, the latter, which is only a misdemeanor, is merged in
the former; but when a misdemeanor only has been committed in
pursuance of such conspiracy, the two crimes being of equal
degree, there can be no legal technical merger. 4 Wend. R. 265.
Vide 1 Hawk. 444 to 454; 3 Chit. Cr. Law, 1138 to 1193 3 Inst.
143 Com. Dig. Justices of the Peace, B 107; Burn's Justice,
Conspiracy; Williams' Justice, Conspiracy; 4 Chit. Blacks. 92;
Dick. Justice Conspiracy, Bac. Ab. Actions on the Case, G 2 Russ.
on Cr. 553 to 574 2 Mass. 329 Id. 536 5 Mass. 106 2 D R. 205;
Whart. Dig. Conspiracy; 3 Serg. & Rawle, 220; 7 Serg. & Rawle,
469 4 Halst. R. 293; 5 Harr. & Johns. 317 4 Wend. 229; 2 Stew.
R. 360;1 Saund. 230, u. 4. For the French law, see Merl. Rep. mot
Conspiration Code Penal, art. 89.
CONSPIRATORS. Persons guilty of a conspiracy. See 3 Bl. Com.
126-71 Wils. Rep. 210-11. See Conspiracy.
CONSTABLE. An officer, who is generally elected by the people.
2. He possess power, virture officii, as a conservator of the
peace at common law, and by virtue of various legislative
enactments; he. may therefore apprehend a supposed offender
without a warrant, as treason, felony, breach of the peace, and
for some misdemeanors Iess than felony, when committed in his
view. 1 Hale, 587; 1 East, P. C. 303 8 Serg. & Rawle, 47. He may
also arrest a supposed offender upon the informatiou of others
but he does so at his peril, unless he can show that a felony has
been committed by some person, as well as the reasonableness of
the suspicion that the party arrested is guilty. 1 Chit. Cr. L.
27; 6 Binn. R. 316; 2 Hale, 91, 92 1 East, P. C. 301. He has
Bouvier's Law Dictionary : C2 : Page 21 of 101
power to call others to his assistance; or he may appoint a
deputy to do ministerial acts. 3 B urr. Rep. 1262.
3. A constable is also a ministerial officer, bound to obey the
warrants and precepts of justices, coroners, and sheriffs.
Constables are also in some states bound to execute the warrants
and process of justices of the peace in civil cases.
4. In England, they have many officers, with more or less
power, who bear the name of constables; as, lord high constable
of England, high constable 3 Burr. 1262 head constables, petty
constables, constables of castles, constables of the tower,
constables of the fees, constable of the exchequer, constable of
the staple, &c.
5. In some of the cities of the United States there are
officers who are called high constables, who are the principal
police officers where they reside. Vide the various Digests of
American Law, h. t.; 1 Chit. Cr. L. 20; 5 Vin. Ab. 427; 2
Phil. Ev. 253 2 Sell. Pr. 70; Bac. Ab. h. t.; Com. Dig.
Justices of the Peace, B 79; Id. D 7; Id, Officer, E 2; Wille.
Off. Const.
CONSTABLEWICK. In England, by this word is meant the
territorial jurisdiction of a constable. 5 Nev. & M. 261.
CONSTAT, English law. The name of a certificate, which the
clerk of the pipe and auditors of the exchequer make at the
request of any person who intends to plead or move in the court
for the discharge of anything; and the effect of it is, the
certifying what constat (appears) upon record touching the matter
in question.
2. A constat is held to be superior to an ordinary certificate,
because it contains nothing but what is on record. An
exemplification under the great seal, of the enrolment of any
letters-patent, is called a constat. Co. Litt. 225. Vide
Exemplification; Inspeximus.
3. Whenever an officer gives a certificate that such a thing
appears of record, it is called a constat; because the officer
does not say that the fact is so, but it appears to be as he
certifies. A certificate that it appears to the officer that a
judgment has been entered, &c., is insufficient. 1 Hayw. 410.
CONSTITUENT. He who gives authority to another to act for him.
1 Bouv. Inst. n. 893.
2. The constituent is bound with whatever his attorney does by
virtue of his authority. The electors of a member of the
legislature are his constituents, to whom he is responsible for
his legislative acts.
CONSTITUIMUS. A Latin word which signifies we constitute.
Bouvier's Law Dictionary : C2 : Page 22 of 101
Whenever the king of England is vested with the right of creating
a new office, he must use proper words to do so, for example,
erigimus, constituimus, c . Bac. Ab. Offices, &c. E.
TO CONSTITUTE, contr. To empower, to authorize. In the common
form of letters of attorney, these words occur, I nominate,
constitute and appoint."
CONSTITUTED AUTHORITIES. Those powers which the constitution of
each people has established to govern them, to cause their rights
to be respected, and to maintain tliose of eacli of its members.
2. They arc called constituted, to distinguish them from the
constituting authority which has created or organized them, or
has delegated to an authority, which it has itself created, the
right of establishing or regulating their movements. The officers
appointed under the constitution are also collectively called the
constituted authorities. Dall. Dict. mots Contrainte par corps,
n. 526.
CONSTITUTION, government. The fundamental law of the state,
containing the principles upon which the government is founded,
and regulating the divisions of the sovereign powers, directing
to what persons each of these powers is to be confided, and the,
manner it is to be exercised as, the Constitution of the United
States. See Story on the Constitution; Rawle on the Const.
2. The words constitution and government (q. v.) are sometimes
employed to express the same idea, the manner in which
sovereignty is exercised in each state. Constitution is also the
name of the instrument containing the fundamental laws of the
state.
3. By constitution, the civilians, and, from them, the common
law writers, mean some particular law; as the constitutions of
the emperors contained in the Code.
CONSTITUTION, contracts. The constitution of a contract, is the
making of the contract as, the written constitution of a debt. 1
Bell's Com. 332, 5th ed.
CONSTITUTION OF THE UNITED STATES OF AMERICA. The fundamental
law of the United States.
2. It was framed by a convention of the representatives of the
people, who met at Philadelphia, and finally adopted it on the
17th day of September, 1787. It became the law of the land on the
first Wednesday in March, 1789. 5 Wheat. 420.
3. A short analysis of this instrument, so replete with
salutary provisions for insuring liberty and private rights, and
public peace and prosperity, will here be given.
Bouvier's Law Dictionary : C2 : Page 23 of 101
4. The preamble declares that the people of the United States,
in order to form a more perfect union, establish justice, insure
public tranquillity, provide for the common defence, promote the
general welfare, and secure the blessings of liberty to
themselves and their posterity, do ordain and establish this
constitution for the United States of America.
5. - 1. The first article is divided into ten sections. By the
first the legislative power is vested in congress. The second
regulates the formation of the house of representatives, and
declares who shall be electors. The third provides for the
organization of the senate, and bestows on it the power to try
impeachments. The fourth directs the times and places of holding
elections and the time of meeting of congress. The fifth
determines the power of the respective houses. The sixth provides
for a compensation to members of congress, and for their safety
from arrests and disqualifies them from holding certain offices.
The seventh directs the manner of passing bills. The eighth
defines the powers vested in congress. The ninth contains the
following provisions: 1st. That the migration or importation of
persons shall not be prohibited prior to the year 1808. 2d. That
the writ of habeas corpus shall not be suspended, except in
particular cases. 3d. That no bill of attainder, or ex post facto
law, shall be passed. 4th. The manner of laying taxes. 5th. The
manner of drawing money out of the treasury. 6th. That no title
of nobility shall be granted. 7th. That no officer shall receive
a present from a foreign government. The tenth forbids the
respective states to exercise certain powers there enumerated.
6. - 2. The second article is divided into four sections. The
first vests the executive power in the president of the United
States of America, and provides for his election, and that of the
vice-president. The second section confers various powers on the
president. The third defines his duties. The fourth provides for
the impeachment of the president, vice-president, and all civil
officers of the United States.
7. - 3. The third article contains three sections. The first
vests the judicial power in sundry courts, provides for the
tenure of office by the judges, and for their compensation. The
second provides for the extent of the judicial power, vests in
the supreme court original jurisdiction in certain cases, and
directs the manner of trying crimes. The third defines treason,
and vests in congress the power to declare its punishment.
8. - 4. The fourth article is composed of four sections. The
first relates to the faith which state records, &c., shall have
in other states. The second secures the rights of citizens in the
several states for the delivery of fugitives from justice or from
labor. The third for the admission of new states, and the
government of the territories. The fourth guaranties to every
state in the Union the republican form of government, and
protection from invasion or domestic violence.
9. - 5. The Fifth Article provides for amendments to the
constitution.
Bouvier's Law Dictionary : C2 : Page 24 of 101
10. - 6. The sixth article declares that the debts due under
the confederation shall be valid against the United States; that
the constitution and treaties made under its powers shall be the
supreme law of the land that public officers shall be required by
oath or affirmation to support the Constitution of the United
States that no religious test shall be required as a
qualification for office.
11. - 7. The seventh article directs what shall be a sufficient
ratification of this constitution by the states.
12. In pursuance of the fifth article of the constitution,
articles in addition to, and amendment of, the constitution, were
proposed by congress, and ratified by the legislatures of the
several states. These additional articles are to the following
import:
13. - 1. Relates to religious freedom; the liberty of the
press; the right of the people to assemble and petition.
14. - 2. Secures to the people the right to bear arms.
15. - 3. Provides for the quartering of soldiers.
16. - 4. Regulates the right of search, and of arrest on
criminal charges.
17. - 5. Directs the manner of being held to answer for crimes,
and provides for the security of the life, liberty and property
of the citizens.
18. - 6. Secures to the accused the right to a fair trial by
jury.
19. - 7. Provides for a trial by jury in civil cases.
20. - 8. Directs that excessive bail shall not be required;
nor excessive fines imposed nor cruel and unusual punishments
inflicted.
21. - 9. Secures to the people the rights retained by them.
22.- 10. Secures the rights to the states, or to the people the
rights they have not granted.
23. - 11. Limits the powers of the courts as to suits against
one of the United States.
24. - 12. Points out the manner of electing the president and
vice-president.
Bouvier's Law Dictionary : C2 : Page 25 of 101
CONSTITUTIONAL. That which is consonant to, and agrees with the
constitution.
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.
CONSTRUCTION, practice. It is defined by Mr. Powell to be "the
drawing in inference by the act of reason, as to the intent of an
instrument, from given circumstances, upon principles deduced
from men's general motives, conduct and action." This definition
may, perbaps, not be sufficiently complete, inasmuch as the term
instrument generally implies something reduced into writing,
whereas construction, is equally necessary to ascertain the
meaning of engagements merely verbal. In other respects it
appears to be perfectly accurate. The Treatise of Equity, defines
interpretation to be the collection of the meaning out of signs
the most probable. 1 Powell on Con . 370.
2. There are two kinds of constructions; the first, is literal
or strict; this is uniformly the construction given to penal
Bouvier's Law Dictionary : C2 : Page 26 of 101
statutes. 1 Bl. Com. 88; 6 Watt's & Serg. 276; 3 Taunt. 377.
2d. The other is liberal, and applied, usually, to remedial laws,
in order to enforce them according to their spirit.
3. In the supreme court of the United States, the rule which
has been uniformly observed " in construing statutes, is to adopt
the construction made by the courts of the country by whose
legislature the statute was enacted. This rule may be susceptible
of some modification when applied to British statutes which are
adopted in any of these states. By adopting them, they become our
own, as entirely as if they had been enacted by the legislature
of the state.
4. The received construction, in England, at the time they are
admitted to operate in this couutry - indeed, to the time of our
separation from the British empire - may very properly be
considered as accompanying the statutes themselves, and forming
an integral part of them. But, however we may respect the
subsequent decisions (and certainly they are entitled to great
respect,) we do not admit their absolute authority. If the
English courts vary their construction of a statute, which is
common to the two countries, we do not hold ourselves bound to
fluctuate with them. 5 Pet. R. 280.
5. The great object which the law has in all cases, in
contemplation, as furnishing the leading principle of the rules
to be observed in the construction of contracts, is, that justice
is to be done between the parties, by enforcing the performance
of their agreement, according to the sense in which it was
mutually understood and relied upon at the time of making it.
6. When the contract is in writing, the difficulty lies only in
the construction of the words; when it is to be made out by
parol testimony, that difficulty is augmented by the possible
mistakes of the witnesses as to the words used by the parties;
but still, when the evidence is received, it must be assumed as
correct, when a construction is to be put upon it. The following
are the principal rules to be observed in the construction of
contracts. When. the words used are of precise and unambiguous
meaning, leading to no absurdity, that meaning is to be taken as
conveying the intention of the parties. But should there be
manifest absurdity in the application of such meaning, to the
particular occasion, this will let in construction to discover
the true intention of the parties: for example; 1st. When words
are manifestly inconsistent with the declared purpose and object
of the contract, they will be rejected; as if, in a contract of
sale, the price of the thing sold should be acknowledged as
received, while the obligation of the seller was not to deliver
the commodity. 2 Atk. R. 32. 2d. When words are omitted so as to
defeat the effect of the contract, they will be supplied by the
obvious sense and inference from the context; as, if the
contract stated that the seller, for the consideration of one
hundred dollars, sold a horse, and the buyer promised to pay him
for the said horse one hundred, the word dollars would be
Bouvier's Law Dictionary : C2 : Page 27 of 101
supplied. 1 3d. When the words, taken in one sense, go to defeat
the contract, while they are susceptible of another construction
which will give effect to the design of the parties, and not
destroy it, the latter will be preferred. Cowp. 714.
8. - 2. The plain, ordinary, and popular sense of the words, is
to be preferred to the more unusual, etymological, and recondite
meaning or even to the literal, and strictly grammatical
construction of the words, where these last would lead to any
inefficacy or inconsistency.
9. - 3. When a peculiar meaning has been stamped upon the words
by the usage of a particular trade or place in which the contract
occurs, such technical or peculiar meaning will prevail. 4 East,
R. 135. It is as if the parties in framing their contract had
made use of a foreign language, which the court is not bound to
understand, but which on evidence of its import, must be applied.
7 Taunt. R. 272; 1 Stark. R. 504. But the expression so made
technical and appropriate, and the usage by which it has become
so, must be so clear that the court cannot entertain a doubt upon
the subject. 2 Bos. & P. 164; 3 Stark. Ev. 1036: 6 T. R. 320.
Technical words are to be taken according to their approved and
known use in the trade in which the contract is entered into, or
to wbich it relates, unless they have manifestly been understood
in another sense by the parties. Vide 16 Serg. & R. 126.
10. - 4. The place where a contract has been made, is a most
material consideration in its construction. Generally its
validity is to be decided by the law of the place where it is
made; if valid there, it is considered valid every where. 2
Mass. R. 88; 1 Pet. R. 317 Story, Confl. of Laws, 2; 4 Cowen's
R. 410, note; 2 Kent, p. 39, 457, in the notes 3 Conn. R. 253 ,
472; 4 Conn. R. 517. Its construction is to be according to the
laws of the place where it is made for example, where a note was
given in China, payable eighteen months after date, without any
stipulation as to the amount of interest, the court allowed the
Chinese interest of one per centum per month from the expiration
of the eighteen mouths. 1 Wash. C. C. R. 253 see 12. Mass. R. 4,
and the article Interest for noney.
11. - 5. Previous conversations, and all that passes in the
course of correspondence or negotiation leading to the contract,
are entirely superseded by the written agreement. The parties
having agreed to reduce the terms of their contract to writing,
the document is constituted as the only true and final exposition
of their admissions and intentions; and nothing which does not
appear in the written agreement will be considered as a part of
the contract. 5 Co. R. 26; 2 B. & C. 634; 4 Taunt. R. 779. But
this rule admits of some exceptions; as, where a declaration is
made before a deed is executed, showing the design with which it
was to be executed, in cases of frauds; 1 S. & R. 464; 10 S. &
R. 292; and trusts, though no trust was declared in the writing.
1 Dall. R. 426; 7 S. & R. 114.
Bouvier's Law Dictionary : C2 : Page 28 of 101
12. - 6. All contracts made in general terms, in the ordinary
course of trade, are presumed to incorporate the usage and custom
of the trade to which they relate. The parties are presumed to
know such usages, and not to intend to exclude them. But when
there is a special stipulation in opposition to, or inconsistent
with the custom, that will of course prevail. Holt's R. 95.
13. - 7 . When there is an ambiguity which impedes the
execution of the contract, it is first, if possible, to be
resolved, on a view of the whole contract or instrument, aided by
the admitted views of the parties, and, if indispensable, parol
evidence may be admitted to clear it, consistently with the
words. 1 Dall. R. 426; 4 Dall. R. 34 0; 8 S. & R. 609.
14. - 8. When the words cannot be reconciled with any
practicable or consistent interpretation, they are to be
considered as not made use of " perinde sunt ac si scripts non
essent."
15. It is the duty of the court to give a construction to all
written instruments; 3 Binn. R. 337; 7 S. & R. 372; 15 S. & R.
100 4 S. & R. 279 8 S. & R. 381; 1 Watts. R. 425; 10 Mass. R.
384; 3 Cranch, R. 180 3 Rand. R. 586 to written evidence 2
Watts, R. 347 and to foreign laws, 1 Penna. R. 388. For general
rules respecting the construction of contracts, see 2 Bl. Com.
379; 1 Bouv. Inst. n. 658, 669; 2 Com. on Cont. 23 to 28 3
Chit. Com. Law, 106 to 118 Poth. Oblig. P. 1, c. 1, art. 7; 2
Evans' Poth. Ob. 35; Long on Sales, 106; 1 Fonb. Eq. 145, n. b
Id. 440, n. 1; Whart. Dig. Contract, F; 1 Powell on Contr. 370
Shepp. Touchst. c. 5 Louis. Code, art. 1940 to 1957; Corn. Dig.
Merchant, (E 2,) n. j.; 8 Com. Dig. tit. Contract, iv.; Lilly's
Reg. 794; 18 Vin. Abr. 272, tit. Reference to Words; 16 Vin.
Abr. 199, tit. Parols; Hall's Dig. 33, 339; 1 Ves. Jun. 210,
n.; Vattel, B. 2, c. 17; Chit. Contr. 19 to 22; 4 Kent. Com.
419; Story's Const. §397-456; Ayl. Pa d. B. 1, t. 4; Rutherf.
Inst. B. 2, c. 7, §4-11; 20 Pick. 150; 1 Bell's Com. 5th ed.
431; and the articles, Communings; Evidence; Interpretation;
Parol; Pourparler. As to the construction of wills, see 1 Supp.
to Ves. Jr. 21, 39, 56, 63, 228, 260, 273, 275, 364, 399; 1
United States Law Journ. 583; 2 Fonb. Eq. 309; Com. Dig.
Estates by Devise. N 1; 6 Cruise's Dig. 171 Whart. Dig. Wills,
D. As to the construction, of Laws, see Louis. Code, art. 13 to
21; Bac. Ab. Statutes, J; 1 Bouv. Inst. n. 86-90; 3 Bin. 858;
4 Bin . 169, 172; 2 S. & R. 195; 2 Bin. 347 Rob. Digest, Brit.
Stat. 370; 7 Term. Rep. 8 2 Inst. 11, 136; 3 Bin. 284-5; 3 S.
& R. 129; 1 Peere Wms. 207; 3 Burr. Rep. 1755-6; 3 Yeates,
108; 11 Co. 56, b; 1 Jones 26; 3 Yeates, 113 117, 118, 120;
Dwarris on Statutes.
16. The following words and phrases have received judicial
construction in the cases referred to. The references may be
useful to the student and convenient to the practitioner.
A and his associates. 2 Nott.& M'Cord, 400.
Bouvier's Law Dictionary : C2 : Page 29 of 101
A B, agent. 1 Breese's R. 172.
A B, (seal) agent for C D. 1 Blackf. R. 242.
A case. 9 Wheat. 738.
A piece of land. Moor. 702; S. C. Owen, 18.
A place called the vestry. 3 Lev. R. 96; 2 Ld. Raym. 1471.
A slave set at liberty. 3 Conn. R. 467.
A true bill. I Meigs, 109.
A two penny bleeder. 3 Whart. R. 138.
Abbreviations. 4 C. & P. 51; S. C. 19 Engl. C. L. R. 268.
Abide. 6 N. H. Rep. 162.
About. 2 Barn. & Adol. 106; 22 E. C. L. R. 36; 5 Greenl. R.
482. See 4 Greenl. 286. About _____ dollars. 5 Serg. & Rawles,
402. About $150. 9 Shep. 121.
Absolute disposal. 2 Eden, 87; 1 Bro. P. C. 476; 2 Johns. R.
391; 12 Johns. R. 389.
Absolutely. 2 Pa. St. R. 133.
Accept. 4 Gill & Johns. 5, 129
Acceptance. There is your bill, it is all right. 1 Esp. 17. If
you will send it to the counting-house again, I will give
directions for its being accepted. 3 Camp. 179. What, not
accepted ? We have had the money, and they ought to have been
paid; but I do not interfere; you should see my partner. 3
Bing. R. 625; S. C. 13 Eng. C. L. R. 78. The bill shall be duly
honored, and placed to the drawer's credit. 1 Atk. 611. Vide
Leigh's N. P. 420.
Accepted. 2 Hill, R. 582.
According to the bill delivered by the plaintiff to the
defendant. 3 T. R. 575.
According to their discretion. 5 Co. 100; 8 How,. St. Tr. 55 n.
Account. 5 Cowen, 587, 593. Account closed. 8 Pick. 191. Account
stated. 8 Pick. 193. Account dealings. 5 Mann. & Gr. 392, 398.
Account and risk. 4 East, R. 211; Holt on Sh. 376.
Accounts. 2 Conn. R. 433.
Across. 1 Fairf. 391.
Across a country. 3 Mann. & Gr. 759.
Act of God. 1 Cranch, 345; 22 E. C. L. R. 36; 12 Johns. R. 44;
4 Add. Eccl. R. 490.
Acts. Platt on Cov. 334.
Actual cost. 2 Mason, R. 48, 393, 2 Story's C. C. R. 422.
Actual damagei. 1 Gall. R. 429.
Adhere. 4 Mod. 153.
Adjacent. Cooke, 129.
Adjoining. 1 Turn. R. 21.
Administer. 1 Litt. R. 93, 100.
Ad tunc et indem. I Ld. Raym. 576.
Advantage, priority or preference. 4 W. C. C. R. 447.
Adverse possession. 3 Watts, 70, 77, 205, 345; 3 Penna. R. 134;
2 Rawle's R. 305; 17 Serg. & Rawle, 104; 2 Penna. R. 183; 3
Wend. 337, 357; 4 Wend. 507; 7 Wend. 62; 8 Wend. 440; 9 Wend.
523; 15 Wend. 597; 4 Paige, 178; 2 Gill & John. 173; 6 Pet.
R. 61, 291 11 Pet. R. 41; 4 Verm. 155; 14 Pick. 461.
Advice. As per advice. Chit. Bills, 185.
Affecting. 9 Wheat. 855.
Aforesaid. Ld. Baym. 256; Id. 405.
Bouvier's Law Dictionary : C2 : Page 30 of 101
After paying debts. 1 Ves. jr. 440; 3 Ves. 738; 2 Johns. Ch. R.
614; 1 Bro. C. C. 34; 2 Sch. & Lef. 188.
Afterwards to wit. 1 Chit. Cr. Laws, 174.
Against all risks. 1 John. Cas. 337.
Aged, impotent, and poor people. Preamble to Stat. 43 Eliz. c. 4;
17 Ves. @)73, in notes; Amb. 595; 7 Ves. 423; Scho. & Lef.
111; 1 P. Wims. 674; S. C. Eq. Cas. Ab. 192, pl. 9; 4 Vin. Ab.
485; 7 Ves. 98, note; 16 Ves. 206: Duke's Ch. Uses, by
Bridgman, 361; 17 Ves. 371; Boyle on Charities, 31.
Agreed. 1 Roll's Ab. 519,
Agreement. 7 E. C. L. R. 331; 3 B. & B. 14; Fell on Guar. 262.
Of a good quality and mode rate price. 1 Mo. & Malk. 483; S. C.
22 E. C. L. R. 363.
Aiding and abetting. Act of Congress of 1818, c. 86, §3; 12
Wheat. 460.
Aliments. Dig. 34, 1, 1.
All. 1 Vern. 3; 3 P. Wms. 56; 1 Vern. 341; Dane's Ab. Index,
h. t. All debts due to me.; 1 Meriv. 541, n.; 3 Meriv. 434. All
I am worth. 1 Bro. C. C. 487; 8 Ves. 604. All I am possessed of.
5 Ves. 816. All my clothes and linen whatsoever. 3 Bro. C. C.
311. All my household goods and furniture, except my plate and
watch. 2 Munf. 234. All my estate. Cows, 299; 9 Ves. 604. All my
real property. 18 Ves. 193. All my freehold lands. 6 Ves. 642.
All and every other my lands, tenements, and hereditaments. 8
Ves. 256; 2 Mass. 56; 2 Caines' R. 345; 4 Johns. R. 398. All
the inhabitants. 2 Conn. R. 20. All sorts of. 1 Holt's N. P. R.
69. All business. 8 Wendell. 498; 23 E. C. L. R. 398; 1 Taunt.
R. 349; 7 B. & Cr. 278, 283, 284. All claims and demands
whatsoever. 1 Edw. Ch. R. 34. All baggage is at the owner's risk.
13 Wend. R. 611; 5 Rawle's R. 179; 1 Pick. R. 53; 3 Fairf R.
422; 4 Har. & John. 317. All civil suits. 4 S. & R. 76. All
demands. 2 Caines' R. 320, 327; 15 John R. 197; 1 Ld. Raym.
114. All lots I own in the town of F. 4 Bibb, R, 288. All the
buildings thereon. 4 Mass. R. 110; 7 John. R. 217. All my rents.
Cro. Jac. 104. All I am worth. 1 Bro. C. C. 437. All and every
other my lands, tenements, and hereditaments. 8 Ves. 246; 2
Mass. 56; 2 Caines' R. 345; 4 John. Ch. 388.
All other articles perishable in their own nature. 7 Cowen, 202.
All and every. Ward on Leg. 105; Cox, R. 213.
All minerals, or magnesia of any kind. 5 Watts, 34.
All my notes. 2 Dev. Eq. R. 489.
All that I possess, in doors and out of doors. 3 Hawks, R. 74.
All timber trees and other trees, but not the annual fruit
thereof. 8 D. & R. 657; S. ic. 5 B. & C, R. 942.
All two lots. 7 Gill & Johns. 227.
All action. 5 Binn. 457.
Also. 4 Rawle, R. 69; 2 Bayw. 161
Amongst. 9 Ves. 445; 9 Wheat. R. 164; 6 Munf. 352.
And, construed or. 3 Ves. 450; 7 Ves. 454; 1 Supp. to Ves. jr.
435; 2 Supp. to Ves. jr. 9, 43, 114; 1 Yeates, 41, 319; 1
Serg. & Rawle, 141. Vide Disjunction, Or.
And all the buildings thereon. 4 Mass. R. 110; 7 John R. 217.
And also. 1 Hayw. 161.
And so on, from year to year, until the tenancy hereby created
Bouvier's Law Dictionary : C2 : Page 31 of 101
shall be determined as hereinafter mentioned. 1 P. & D. 454; and
see 2 Campb. R. 573; 3 Campb. 510; 1 T. R. 378.
And the plaintiff doth the like. 1 Breese's R. 125.
Annual interest. 16 Verm. 44.
Annually, or in any way he may wish. 2 M'Cord's Ch. R. 281.
Any person or persons. 11 Wheat. R. 392; 3 Wheat. R. 631.
Any court of record. 6 Co. 19.
Any goods. 3 Campb. 321.
Any creditor. 5 B. & A. 869.
Any other fund. 1 Colly. R. 693.
Any other matter or thing from the beginning of the world. 4
Mason, 227.
Apartment. 10 Pick. 293.
Apparel. Goods and wearing apparel, in a will. 3 Atk. 61.
apparatus. 9 Law Rep. 207.
Appeals. 1 Breese's R. 261.
Appear. 2 Bailey's R. 513.
Appellate. 1 Breese's R. 261
Appropriation. 1 Scam. R. 344.
Approved paper. 4 Serg. & Rawle, 1; 20 Wend. R. 431; 2 Campb.
532.
Appurtenances. 1 Serg. & Rawle, 169; 8 Johns. R. 47, 2d edit.;
Com. Dig. Grant, E 9; 5 Serg. & Rawle, 110; Holt on Shipp. 404;
9 Pick. 293; 7 Mass. 6; 12 Pick. 436.
Are. 2 B. & B. 223.
Arrears. Ward on Leg. 219; 2 Ves. 430.
Arrive. 17 Mass. 188.
Articles perishable in their own nature. 7 Cowen, 202.
As appears by the bond or by the books. 1 Wils. 339, 279, 121; 2
Str. 1157, 1209, 1219.
As appears by the master's allocator. 2 T. R. 55.
As executors are bound in law to do. 2 Ohio R. 346.
As follows. 1 Chit. Cr. Law 233.
As this deponent believes. 2 M. & S. 563.
Ass. 2 Moody, C. C. 3.
Asses-Cattle. 1 R. & M. C. C. 3; 2 Russ. Cr. & M. 498.
Assent to. 4 Gill & Johns. 5, 129.
Assignment, actual or potential. 5 M. & S. 228.
Assings. 5 Co. 77 b.
At. 2 Caines' Err. 158.
At and from. 1 Marsh. Ins. 358, 261, a; 1 Caines' R. 75, 79; 1
New Rep. 23; 4 East, R. 130.
At any port or places. 1 Marsh. Ins. 191.
At his will. Roll's Ab. 845; Bac. Ab. Estate for life and
occupancy, A.
At least. 8 W. & S. 470.
At such time and manner. 19 Ves. 387.
At twenty-one. Payable at twenty-one. 6 Ves. 245.; 7 ves. 412;
9 Ves. 225; 1 Bro. C. C. 91.
At the trial of the cause. 9 E. C. L. R. 202, 186.
At the wholesale factory price. 2 Conn. R. 69.
Attention, shall meet. 3 E. C. L. R. 407; 13 Id. 329.
Attest. 9 Mees. & W. 404.
Authority - Jurisdiction. 2 Bl. R. 1141.
Bouvier's Law Dictionary : C2 : Page 32 of 101
Baggage. 6 Hill, N.Y. 586.
Baggage of Passengers at the risk of the owners. 19 Wend. 234,
251; 21 Wend. 153; 26 Wend. 591; 17 Verm. 151.
Bank money. 5 Humph. R. 140.
Bank notes. 5 Mason's R. 549; 6 Wend. 346, 354.
Bankruptcy. 6 T. R. 684.
Bar-keeper. 3 S. & R. 351.
Bargain and sell. 4 Monr. R. 463.
Barley. 4 C. & P. 548.
Barrels. 7 Cowen, R. 681.
Beans. Bac. Ab. Merchant, &c. I. 1 Mood. C. C. 323.
Bearing Interest. 1 Stark. r. 452; 2 E.C. L.R. 466.
Beast. 1 Russ. C. & M. 568; 1 Russ. on Cr. 568; Bac. Ab.
Sodomy.
Beef. 6 W. & S. 279.
Before the next term. 1 Binn. 76; 4 Yeates, 511.
Before the first day of the term after the action has been
commenced. 4 Dall. 433.
Before the sitting of the court. 5 Mass. R. 197.
Beginning to keep house. 6 Bing. R. 363; 19 Ves. 543.
Begotten. To be begotten. Co. Litt. 20 b, and n. 3; 3 Leon. 5.
Belongs - Belonging. 3 Conn. R. 467; 2 Bing. 76; Chit. Pr. 475
n.; 11 Conn. R. 240; 1 Coxe's R. 255.
Believe. 2 Wend. 298.
Belong. 3 Conn. R. 467.
Benefits of my real estate, construed, 4 Yates, 23.
Benevolent purposes. 3 Mer. 17; Amb. 585, n. (Blunt's Edit.)
Best of his knowledge and belief. 1 Paige, 404; 3 Id. 107, 212.
Between. 2 Saund. 158 b. n. 6; 1 Shipl. R. 201; 1 Mass. 91.
Between them. 2 Mer. R. 70.
Beyond sea. 3 Wheat. R. 541; 3 Cranch, R. 177; 14 Pet. C. 141;
I Harr. & McHen. 89; 1 Har. & J. 350; 2 McCord, R. 331; 3
Mass. R. 271; 1 Pick. R. 263; 9 Serg. & Rawle, 288; 2 Dall.
217; 1 Yeates, 329. Vide Beyond 8ea, in the body of the work.
Beyond seas. 3 Wheat. 343; 9 S. & R. 291.
Bien. 2 Ves. 163.
Big. 2 Dev. R. 115.
Blubber. 1 Story, R. 603.
Board, boarding. 2 Miles, R. 323.
Bag. Cro. Car. 511.
Boiler. Wright, 143.
Book. 2 Campb. 25, 28, n.; 11 East, 244.
Book debt-Book entries. 2 Miles, R. 101, 102; 3 Ired. R. 77,
443; 4 Ired. 110.
Bona fide. 1 Leigh. N. P. 326.
Boons. Sugd. Pow. 633, 671.
Bound by surety. 5 Serg. & Rawle, 329.
Bound with surety, 6 Binn. 53.
Bounded on the margin. 6 Cowen, 526.
Bounded on the road. 13 Mass. 259.
Breach of good-behaviour. 2 Mart. N. S. 683.
Brick factory. 21 Pick. R. 25.
Building. 16 John. R. 14; 13 John. R. 346; 9 Bing. 305; 5
Bouvier's Law Dictionary : C2 : Page 33 of 101
Mann. & Gr. 9, 33.
Business. 1 M. & Selw. 95.
Butcher. 1 Barn. & A. 617; 6 Watts & Serg. 269, 277.
By act and operalion of law. 3 Caines' R. 64.
By surety. 5 Serg. & Rawle, 329.
By a certain time. Penna. R. 48.
By any other means. 2 Co. 46
By virtue of his office. 3 E. C. L. R. 425.
By a stream. 3 Sumn. R. 170.
By next November. 3 Pa. 48.
By the year. 2 Miles, R. 302.
Cabinet of curiosities. 1 Cox, R. 77; 1 Bro. C. C. 467.
Came by descent, gift, or devise. 2 Pet. 58.
Cargo. 4 Pick. 433; 2 Gill & John. 134, 162.
Case-suit. 2 Murph. 320.
Catchings. 1 Story, R. 603.
Cattle. 1 R. & M. C. C. 3; 2 Russ. C. & M. 498; R. & R. C. C.
77; 2 East, P. C. 1074; 1 Leach, C, C. 72; 2 W. Black. 721; 2
Moody, C: C. 3.
Cause. 1 Supp. to Ves. jr. 510.
Cause of action. Wilk. on Lim. [49).
Cease. Coop. Ch. R. 14.5.
Cede. 1 liar. (N. J.) 181.
Certificate of deposit. 6 Watts & Sero,. 227.
Chamber or rooms. 3 Leon. 210.
Chambres. 5 Watts, R. 243,
Charged in execution. 4 T. R. 367.
Charges, costs, and expenses, 2 Wils. 267; 13 Serg. & Rawle, 79.
Charitable uses. Boyle on Charities, 281; 7 Ves. 79; 1 Mer. 86,
92, 93; 1 Sim. & Stu. 69; 1 Myl. & Craig, 286; 4 Wheat. App.
p. 6.
Charity. 9 Ves. 399.,
Cheat. 2 Hale's Hist. P. C. 183: Bac. Ab. Indictment, G 3.
Chiefest and discreetest. 13 Ves. 13.
Child, grandchild, issue, son; see Legatee; 1 Ves. 290; Id.
335; Ambl. 397; Id. 701; 5 Burr. 2703; Cowp. 314; 3 Anstr.
684; Lofft, 19; 7 T. R. 322; 1 East, 120; 2 Eden, 194; 2
Bro. C. C. 33: 2 Ves. jr. 673; 3 Ves. 232; Id. 421; 4 Ves.
437; Id. 692; 5 Ves. 530; 6 Ves. 43, Id. 345; 7 Ves. 522; 10
Ves. 160, Id. 176; Id. 195; 13 Ves. 340; 1 Cox, 248; Id. 327;
2 Cox, 184; 1 Ves. & Bea. 422, 462, 469; 2 Ves. & Bea. 213; 3
Ves. & Bea. 59, 67, 69, 113; 1 Meriv. 654; 2 Meriv. 382; Dick.
344; 1 Eden, 64; 1 Bro. C. C. 530; 2 Bro. C. C. 68, 230, 658;
3 Bro. C. C. 148, 347, 352, 434: 1 Bro. C. C. 55; 19 Ves. 125;
1 Ball & B. 486; Com. Dig. App., Devise of real property, x. 5,
6, 7, 8, 9; Id. Devise of personal property, viii. 13.
Child's part. 2 Roll. R. 104; Poph. 148; 1 Roll. R. 193; Cro.
Jac. 417.
Children. 3 Paige, 10; 5 Ves. 530; 1 Ves. & Bea. 434; 4 Eng.
Ch. R. 565; 5 Conn. R. 228.
To such child or children, if more than one, as may happen to be
enceinte by me. 17 Ves. 528.
To the children which I may have by A, living at my decease. 1
Bouvier's Law Dictionary : C2 : Page 34 of 101
Ves. & Bea. 422.
Chromate of iron. 5 Watts, 34.
Civil action. 6 Binn. 5; 1 Binn. 197.
Civil suit. 4 S. & R. 76.
Chuck-a-luck. 3 J. J. Marsh. 133.
Claim. 16 Pet. 538, 575, 576, 604, 615.
Clear. Ambl. 273; 2 Ves. 500. Ward on Leg. 222; 2 Atk. 376.
Clear of all charges and assessments whatever. 4 Yeates, 386.
Clear deed. 3 W. & S. 563, 565.
Closing an account. 7 Serg. & Rawle, 128; 8 Pick. 187.
Clothes. All my clothes and linen whatsoever. 3 Bro. C. C. 311.
Coal mine. Cro. Jac. 150; Noy, 121; Gilb. Ej. 61, 2d ed.;
Rosc. R. Act. 486.
Coasting trade. 3 Cowen, R. 713,
Coffer. 2 Hale's Hist. P. C. 3; Bac. Ab. Indictment, G 3.
Cohabitation. 1 Add. R. 476; 3 Add. R. 277; 2 Tyrw. 76; 2 Cr.
& J. 66; Rogers' Eccl. Law, tit. Marriage.
Collateral. Sugd. Pow. 76.
Collectable. 8 Watts, R. 361.
Come to. 1 Serg. & Rawle, 224; 2 Pet. R. 69, 94.
Commenced. 14 East, 539.
Commerce - Navigation. 9 Wheat. 1.
Commission and guaranty. 3 Whart. 288.
Commit. 3 Man. Gr. & Scott, 465, 477.
Commit suicide. 3 Man. Gr. & Scott, 477.
Commodities. 12 Mass 256.
Common law. 3 Pet. 447; 1 Gall. R. 19.
Complete Steam engine. 2 Hall, 3128.
Concealed. 12 Wheat. 493; 12 Wheat. R. 486.
Conclusive. 5 Binn. 387; 6 Binn. 128; 4 Yeates, 551.
Conditions performed. 1 Call. 567.
Confidence. Boyle on Char. 319; 2 Pa. St. R. 133.
Consent-Submission. 9 C. & P. 722.
Consentable lines. 10 Serg. & Rawles 110.
Construction. 3 Mont. 166.
Containing. 1 Murph. 348.
Contents unknown. 3 Taunt. R. 303.
Contrary to law. 1 Blackf. R. 318.
Convenieid speed, or as soon as convenient. 19 Ves. 336, 390,
notes; 1 Ves. jr. 366.
Convey. 3 A. K. Marsh, 618.
Conveyance. 2 Serg. & Rawle, 498; 3 Mass. 487.
Convicted. 1 Wheat. 461; 15 East, R. 570; 7 Mann. & Gr. 481,
508.
Copper-fastened. 24 E. C. L. IR. 415.
Coppered, ship. 8 Pet. 557.
Corrupt. 1 Benth. Ev. 351.
Correcting-revising. 2 Shepl. 205.
Cost. 2 Wash. C. C. R. 498.
Costs. Wright, 121. Pay his own costs. 1 Hayw. 485.
Cotton in bales. 2 C. & P. 525.
Counly aforesaid. 2 Bl. R. 847.
Court of record. 5 Ohio R. 546. Vide 3 Wend. 267.
Cousins. 2 Bro. R. 125; Ward on Leg. 121.
Bouvier's Law Dictionary : C2 : Page 35 of 101
Covenants. Provided always, and it is agreed that the lessor
shall find great timber, Bac. Ab Covenant, A. I oblige myself to
pay so much money. Hard. 178. I am content to give A ten pounds
at Michaelmas, and ten pounds at Ladyday. 3 Leon. 119. With usual
covenants. 15 Ves. 528; 3 Anstr. 700.
Covenants Performed absque hoc. 6 Penn. St. Rep. 398.
Credible. Com. R. 91; S. C. 1 Freem. 510.
Credible witness. 5 Mass. 219; 12 Mass. 358; 17 Pick. 134; 2
Bailey, R. 24; 8 Conn. 254.
Credit. Mutual credit. 1 Atk. 228; 7 T. R. 378; Montag. on
Set-off, 48; 8 Taunt. 22; S. C. 4 Eng. Com. Law Rep. 4; 1
Marsh. R. 190; S. C. 4 Eng. C. L. 335.
Creditors and subsequent purchasers. 5 Cranch, 165.
Criminal proceeding. 2 Q. B. 1.
Cross. 5 Pick. 163.
Cruise of three months. 2 Gallis. 526.
Cultivation. 2 N. H. Rep. 56.
Curby hock. Oliph. on Horses, .10.
Currency. 1 Ohio R. 119.
Current money. 1 Dall. 126, 176.
Current rate of exchange to be added. 2 Miles, R. 442, 443.
Current lawful money. 1 Dall 175.
Current bank notes. 1 Hamm. R. 178. See also 1 Hamm. R. 531; 1
Breese, R. 152; 3 Litt. R. 245; 19 John. R. 146; 1 Dall. 126,
176; 1 Ohio R. 119.
Current bank money. 5 Humph. R. 140.
Curricle. Anthon, 114.
Cutting. Russ. & Ry. Cr. Cas. 104.
Damages. 5 Cowen, 161.
Damna. Bac. Ab. Costs, (L.)
Dangerous weapon. 1 Baldw. 78.
Dangers of the navigation. 9 Watts, R. 87.
Date. Co. Litt. 46, b, note (8); Bulstr. n. 177; Stiles, 382;
Com. Dig. Estates, G 8; Id. Bargain and Sale, B 8; Id. Temps,
A; Vin. A.b. Estates, Z a; Id. Time, A.
Day. (fraction of,) 1 Cowen, 594; 6 Cowen, 611; I Nott & McC.
405; 3 Penna. R. 245.
Day of the date. Co. Litt. 46 b, note, (8); Powell on Powers,
498, et seq. to 533. Vide Dale, above.
Day time. 9 Mass. 154.
Days. Running days. Working days. 1 Bell's Com. 577, 5th ed.
Dealings. M. & M. 137; 3 C. & P. 85; S. C. 14 E. C. L. R. 219.
Death. Swanst. 161.
Debt, contracted. 2 B. & C. 762; 9 E. C. L. R. 236.
Debts due to me at my decease. 9 Sim. 16.
Debts now due. 3 Leigh, R. 389. See 4 Rawle, R. 307.
Declare. 3 Co. 82, b i Co. Litt. 76, a, 290, b; 3 T. R. 546.
Deed. A good and sufficient deed. Wright's R. 644. A good and
sufficient warranty deed. 15 Pick. R. 546.
Default. Platt on Cov. 335.
Definitive. 1 Watts, 257.
Delivered. 7 D. & R. 131; 16 E. C. L. R. 277.
Demands in full. 9 S. & R. 123.
Bouvier's Law Dictionary : C2 : Page 36 of 101
Demise. 2 Caines' R. 188; 8 Cowan's R. 36; 4 Taunt. 329; 8
Mass. R. 201; 8 Cowen, 36.
Depart (To). 3 M. & S. 461.
Depending. 5 Co. 47, 48; 7 Co. 30; 9 B. & C. 755; 4 Bing. 561;
8 B. & C. 635.
Deponent believes. 2 Str. 1209, 1226; 2 Burr. 655; 1 Wils. 231.
Descendants. 3 Bro. C. C. 367.
Descent. 2 Pet. R. 94; 1 S. & R. 224; 11 S. & R. 232.
Desire. 1 Caines' R. 84; 1 Bro. C. C. 489.
Deviation. 3 Ch. Com. L. 471.
Devise. All messuages, lands. 17 Ves. 64.
Devolve. 1 M. & K. 647.
Die by his own hands. 5 Mann. & Gr. 639.
Diligent inquiry. 1 Meigs, R. 70.
Discharge. Her receipt to be a sufficient discharge. 3 Bro. C. C.
362.
Discharge of all demands. Ward on Leo. 222; 2 Vern. 114, by
Raithb.
Discount-Discounted. 15 Johns. 168; 8 Wheat. 338; 4 Yeates 223;
2 Cowen, 376; 19 Johns. 332.
Discounting. 5 Mann. & Gr. 590.
Disguring. Cheves, 157.
Disparagement. I lred. Eq. R. 232.
Dispose of. 1 Watts, 386; 3 Atk. 287; Rob. on Wills, 3, Appx.
note 3; 14 Pet. R. 529.
Disposing mind and memory. 2 South. 454.
Distiller. Pet. C. C. R. 180; 2 Wheat. 248.
Distribute. 11 S. & R. 232.
Divide. Boyle on Charities, 291.
Division. 4 T. R. 224, 459.
Do the needful. 4 Esp. 65; 4 Esp. R. 66.
Doctor. 2 Campb. 441.
Domus. 4 Leon. 16.
Doth bargain and sell. 4 Mont. R. 463.
Down the said creek with the several meanders thereof. 2 Ohio R.
309.
Due. 3 Leigb, 389; 4 Rawle, 307.
Due A B. 2 Penn. R. 67.
Due A B $94 on demand. 5 Day, R. 337; and see 2 Cowen, R. 536.
Due course of law. 3 Cranch, 300; 5 Cranch, 363; 1 Wheat. 447.
Due security. Sax. Ch. R. 259.
Duly honored. 7 Taunt. 167; 2 E. C. L. R. 63; 7 Taunt. R. 164.
Dunce. Cro. Car. 382; 1 Roll. Ab. 55; Bac. Ab. Slander, I.
Dying without children. 5 Day, 617.
Dying by his own hands. 5 Mann. & Gr. 639.
Dying without issue. 12 East, 253; 3 East, 303, 491; 1 Ves. Jr.
562; 10 Ves. 562; 17 Ves. 482.
Dying without lawful issue. 10 Johns. R. 12; 5 Day, 20; 2 Bro.
C. C. 553.
Each. 1 B. & C. 682; 8 C. & R. 184; Watts, 51; 10 Serg. & R.
33.
Eadem. Co. Litt. 20 b.
Effects. 13 Ves. 39; 15 Ves. 326, 507; Cowp. 299; 1 Hill, S.
Bouvier's Law Dictionary : C2 : Page 37 of 101
C. 155. Estates and effects. 1 Ves. & Beam. 406; 1 East. R. 53;
11 East, 290; Russ. & Ry. Cr. Cas. 66.
Emigrant laborers. 2 Man. & Gr. 574, 589; 40 E. C. L. R. 520,
528.
Ended. 10 S. & R. 391.
Engagement. 15 John. 395, 390.
Entreat. 2 Madd. 458; 2 Ves. & Bea. 378.
Equally. Cowp. 657; 3 Ves. 260; Dougl. 760; 9 East, 276.
Equally to be divided, this phrase construed. 1 Rop. Leg. 266; 1
Atk. 494; 3 Bro. C. C. 25; 5 Ves. 510; Addis. 310; 3 S. & R.
135; 1 Wils. R. 341; 1 Desaus. 329.
Erect. 8 Ves. 191; 3 Mad. R. 306; 2 Ves. 181; 2 Ves. 247; 1
Bro. C. C. 444; Amb. 751.
Erection. 9 Car. & P. 233.
Erection and improvements. 2 Man. & Gr. 756, 757; 40 E. C. L. R.
612.
Errors excepted. Gow an Partn. 136; 3 Bro. C. C. 266.
Establishing. 3 Madd. R. 306; Boyle on Char. 93; 2 Cox, 387;
S. C. 4 Bro. C. C. 326.
Estate. 3 Cranch, 97; 3 Yeates, 187; 6 Binn. 97; 2 Binn. 20;
6 Johns. R. 185; 1 Wash. R. 96; 1 Call, 127; 3 Call, 306; 2
Nott & M'Cord, 380; 1 Dall. 226; 12 Serg. & Rawle, 54; 1
Yeates, 250, 380; 1 Salk. 236; 6 T. R. 610; 11 East, 246; 2
Ves. & Bea. 222; 2 Atk. 38; 3 Atk. 486; Ambl. 155, 216; 12
Mod 592; 1 T. R. 659, n.; 8 Ves. 604; 9 Veg. 137; 1 Cox, 362;
2 Ves. & Bea. 225; 19 Ves. 195; 3 Ves. & Bea. 160.
Estates and effects. 1 Ves. & Bea. 406. Temporal estate. 8 Ves.
617. All the residue of my estate of every name and kind. 4 Law
Rep. 256.
Every of them. 12 S. & R. 158.
Evidence. Conclusive Evidence. 1 Leigh's N. P. 307.
Except what shall be mentioned hereafter. Monr. 399.
Excepting. Perk. S. 439; Crabb on R. P. §157.
Execute. 2 Green's R. 350.
Exclusive of costs. 1 Edw. R. 483.
Expectation. Boyle on Char. 319.
Expenes. 15 Serg. & Rawle, 55.
Extend. 1 Paine's R. 385.
Fac similes. 7 Mann. & Gr. 399
Factory prices. 2 Conn. R. 69; 2 Mason, 89, 90.
Factum. 1 Leon. 310.
Faithful. 12 Pick. 303.
Falsely. 2 M. & Selw. 379; Noy. 35; Owen, 51.
Farcy. Oliph. on Horses, 42.
Family. Cooper's R. 317; 8 Ves. 604.
Farm. 6 T. R. 345.
Father, on the part of the. 1 Serg. & Rawle, 224.
Feeder. 13 Pick. 50.
Fifty pounds. (50 l) Sid. 151.
Filled. 1 Breese's R. 70.
Final. Final and conclusive. 5 Binn. 387; 6 Binn. 128.
Final judgment. 2 Pet. R. 264, 464.
Final decree. 8 Wend. 242.
Bouvier's Law Dictionary : C2 : Page 38 of 101
Final settlement and decree. 4 Am. Dig. 283; 1 Halst. 195; 17
Serg. & Rawle, 59, 340; 14 Serg. & Rawle, 396; 1 Penn. R. 282;
2 Pet. R. 464.
Final process. 16 Pet. 313.
Fine. 5 M. & W. 535.
Firmly. 4 S. & R. 135; 1 Browne, R. 258.
First born son. 1 Ves. 290.
First cousin or cousins german. 4 M. & C. 56.
First had and obtained. 1 Serg. & Rawle, 89.
First or sterling cost. 1 Stuart's (L. C.) R. 215.
Fixed furniture. 6 C. & P. 653.
Flats. 8 W. & S. 442.
Flock. Inst. 4, 3, 1.
Flock of sheep. Inst. 2, 20, 18.
Fold course. Touchs, 93; Co. Litt. 6.
For. Dougl. 688; 1 Saund. 320, n. 4; Willes, 157.
For and in consideration of dollars. 7 Verm. 522; 6 Verm. 411.
For such times as we think fit. 1 Chit. Com. Law. 495.
For value received. 18 John. 60; 8 D. & R. 163; S. C. 5 B. & C.
501.
For which he has not accounted. 4 Burr. 2126; 1 T. R. 716.
For whom it may concern. 1 Pet. R. 151.
Foreign bills. 19 John. R. 146.
Foreign part, place. 2 Gall. R. 4; 19 John. 375.
Foreign voyage. 1 Gall. R. 55, 142.
Foreign part. 19 Johns. 375; 4 Am. Law Journ. 101.
Foreign state. 5 Pet. 1.
Foreign vessel. 1 Gall. R. 58.
Foreigner. 1 Pet. R. 349.
Forever. 6 Cruise, 281; 4 Dane's Ab. c. 129, art. 2, §14.
Forthwith. I Mo. & Malk. 300; S. C. 22 E. C. L. R. 313; 9 C. &
P. 706; S. C. 38 E. C. L. R. 299, 801; 12 Ad. & Ell. 672; S.
C. 40 E. C. L. R. 158, 160, 161, 162; 7 Mann. & Gr. 493.
Forards and backward. 2 New Rep. 434.
Four mills. 1 Mod. 90.
Fourth part of house in N. Cro. Eliz. 286; 1 Str. 695.
Fowl. 1 Russ. C. & M. 568.
Frame house filled with bricks. 7 Wend. 270.
Fraudulently. Willes, 584; 1 Chit. Pl. 376.
Free. 1 Wh. 335; 2 Salk. 637.
Free of average. 16 East, R. 214.
Free of particular average. 16 East, R. 14; 15 East, R. 559;
Code de Commerce, art. 409.
Free on board a foreign ship. 3 Campb. R. 270.
Freely to be enjoyed. Cows. 352; 3 Burr. 1895; 11 East, R. 220.
Freight. 1 Mason, R. 11, 12.
From. 1 Marsh. Ins. 261, a; 2 Cowen, 605, 606, n. 518; 15 Mass.
193; 1 S. & R. 411; 8 S. & R. 496; 5 T. R. 283; 2 Saund. 158,
b, n. 6; 5 Com. Dig. 335; 4 Cruise, 72; Greenl. Cas. 9; 6 W.
& S. 328.
From and after. 9 Cranch, 104; 2 Cowen, 606 n.; 4 T. R. 659.
From the day of the date. Cowper, 717, 725.
From the date, 15 S. & R. 135.
From 1000 to 3000 bushels of potatoes. 4 Greenl. 497.
Bouvier's Law Dictionary : C2 : Page 39 of 101
From thenceforth. 2 Mer. R. 431.
From and after the passing of the act. 4 T. R. 660.
Front to the river. 6 M. R. 19, 228,229; 8 N. S. 576; 9 M. R.
656.
Full and free. 1 Wh. 335.
Full cargo. 7 Taunt. 272.
Fully. Pow. on Morts. 83, 858.
Fur. 7 Cowen, 202.
Furniture. Amb. 605; 3 Ves. 311; 1 John. Ch R. 3@9,
Furniture at ___ 3 Madd. 276.
Future. 7 W. & S. 305; 2 Pa. St. R. 146.
Future increase. 3 Yerg. 546. See 2 Bibb, 76; 4 Hen. & Munf.
283.
Future conveyances. 2 P. St. R. 146.
Gamble. 2 Yerger, 472.
Geldings, cattle. 1 Leach, C. C. 73, n.
Gentlemen. 21Y. & C. 683; 21 Jurist, 152
Gift. I give thir, note to A. 4 Ves. 565. I return to A his bond.
3 Ves. 231.
Gelding-horse. 3 Humph. 323.
Give. 2 Caines' Rep. 188; 7 John. R. 255; 11 John. R. 122; 5
Greenl. R. 227.
Give and grant. 1 Hayw. R. 251.
Given. I Harr. (N. J.) R. 286.
Giving testimony in a suit. 3 Harr. Cond. Lo. R. 157.
Giving way. 10 (Eng.) Jur. 1065.
Glass with care, this side up. 11 Pick. R. 41.
Glass eye. Oliph. on Horses, 44.
Good. 5 M. & W. 535.
Good and lawful men. 1 Blackf. R. 396..
Good note. 7 Verm. 67.
Good custom cowhide. Brayt. 77.
Good and sufficient deed. Wright, 644.
Good and sufficient warranty deed. 15 Pick. 546; 20 John. 130;
4 Paige R. 628. Good merchantable goods. 3 Campb. R. 462.
Good work. Wright, R. 47 1.
Goods. 2 Ves. Jr. 163; 3 Atk. 63; 1 P. Wms. 267; 2 P. Wms.
302; 1 Atk. 171, 177, 180, 182; 1 Ves. Jr. 237; 1 Bro. C. C.
127; 11 Ves. 666; 1 Marsh. Ins. 319; 7 Taunt. 191; 2 B. & A.
327; 4 B. & A. 206; 9 East, 215; 5 Mason's R. 544.
Goods and chattels. 2 B. & A. 335; 1 Leigh's N. P. 244; 1
Yeates, 101; 2 Watts, 61; 8 Co. 33; 2 East, P. C. C 16, s.
37; 2 B. & A. 259, 327; 6 Bing. 363; 4 Mo. & P. 36; 1 Ves.
sen. 363; 1 Atk. 165.
Goods and movables. 1 Yeates, R. 101.
Government security. 3 Younge & C. 397.
Government or other securities. 9 Sim. 104.
Grange. Co. Litt. 5; Plowd. 197; Touch. 93.
Grant, bargain, sell, alien, and confirm. 2 Caines' R. 188; 7
Johns. R. 258; Com. Dig. Guaranty, A.
Grant, bargain, sell. 4 Dall. 441; 2 Binn. 09; 1 Rawle, 377; 1
Serg. & R. 50, 438; 4 Kent's Com. 460.
Grant and demise. 4 Wend. 502; 8 Cowen, 36; 9 Ves. 330.
Bouvier's Law Dictionary : C2 : Page 40 of 101
Grantee. 1 Cowen, 509.
Ground. 1 Supp. to Ves. jr. 510.
Ground-rents. I Meriv. 26; 2 Str. 1020; 1 Bro. C. C. 76.
Growi?tg. 4 Leon. 36.
Gutta serena. Oliph. on Horses, 44.
Habitable repair. 2 Mo. & Rob. 186
Half mile. 9 B. & C. 774.
Has bargained and sold. 4 Cowen, 225.
Have. 2 Bendl. 34.
Having. 2 Ves. 427; 11 Ad. & El. 273; 39 E. C. L. R. 80.
Having children. 7 T. R. 322; 7 Ves. 453.
He has re7wved la?id-7iiarks. 10 S. & R. 18. See Minor, 138.
He is perjured. 1 Caines, 347. 2 Caines, 91.
He is forsworn. 1 Caines, 347.
He is a corrupt old tory. 2 Port. 212.
He keeps false books, and I can prove it. 17 John. 217; 5 John.
476.
He paying thereout. Dick. 444; 3 East, 590.
He shall be well satisfied. 2 John. Rep. 395.
He swore a lie before the church session, and I can prove it. 1
Penna. 12.
He swore a false oath, and I can prove it. 2 Binn. 60; 4 Bibb,
99; 2 Dall. 58.
Heir male. 4 Ves. 794; Id. 326.
Heirs. 1 Car. Law Rep. 484.
Heirs at law. 4 Rand. R. 95.
Heirs of the body, 2 Bligh, 49. Vide 4 T. R. 300; Id. 88; 8 T.
R. 373; 3 Ves. jr. 257; 13 Ves. jr. 340.
Heirs female. Co. Litt. 24 b, n. 3; 5 Bro. Parl. Rep. 93;
Goodtitle v. Burtenshaw, Fearne, Rem. Appx. No. 1.
Heirs of the wife. 6 Yerg. R. 96.
Henceforth. 9 Serg. & Rawle, 133.
Her. 1 Desaus. R. 353.
Her increase. 1 Iredell, 460.
Her part aforesaid. 4 Dowl. & R. 387.
Hereinafter - Hereinbefore. 1 Sim. Rep. 173.
Hereditament. 1 Salk. 238 ,Mos. 242; 3 T. R. 358; 7 T. R. 558;
8 N. R. 505; 2 B. & P. 247, 251; 6 Nev. & M. 441; 4 Ad. & Ell.
805.
Head of a family. 2 How. S. C. Rep. 581, 590.
Hides. 7 Cowen, 202.
High seas. Russ. & Ry. 243; 2 Leich, 109; 3 Mason's R. 290.
Him or His. 2 Ves. 213.
Hiring. 6 T. R. 452.
Holiday. 4 Clark & Fin. 234.
Homestead-Homestead farms. 7 N. H. Rep. 241; 15 John. R. 471.
Hope. Boyle on Char. 319.
Horse. 1 Scam. R. 304.
Horse-Gelding. 3 Humph. 323.
Horse, Mares and Colts - Cattle. 2 East, P. C. 1074; 1 Leach, C.
C. 72.
Hotel keeper. 1 Carr. & Marsh. 458.
House. 7 Mann. & Gr.. 66, 122.
Bouvier's Law Dictionary : C2 : Page 41 of 101
House I live in and garden to B. 2 T. R. 298.
Household goods. 3 Ves. jr. 310; 1 John. Ch. R. 329; 3 P. Wms.
335.
Household furniture. 2 Hall, R. 490.
I guaranty the payment of the within note at the insolvency of
the drawers. 5 Humph. 476.
I return A his bonds. 3 Ves. 231.
I warrant this note good. 14 Wend. 231.
If. Touchs. 123; Co, Lit. 204; Id. 214 b
Immediate. 2 Lev. 77; 7 Mann. & Gr. 493.
Immediately. 4 Younge & Col. 511.
Immovables. Ward on Leg. 210.
Impedimentum. Bac. Tr. 211.
Impelitio. Bac. Tr. 211.
Implements. 9 Law Reporter, 207.
Improvement. 4 Pick. 204.
In all the month of May. 3 W. C. C. R. 140.
In actual military service. 3 Curt. R. 522; 7 Eng. Eccl. R. 496.
In current bank notes. 1 Ham. R. 178. See also 1 Ham. R. 531; 1
Breese, R. 152, Litt. R. 245; 1 Ohio R. 119; 1 Dall. R. 126,
176; 19 John. R. 146.
In default of such issue. 7 East, R. 521; 3 T. R. 484.
In fullest confidence. T. & R. 143
In like manner. Ward on Leg. 246; 4 Ves. 732; 1 Sim. & St. 517.
In manner aforesaid. Ward on Leg. 246; 5 Ves. 465.
In the fullest confidence. Turn. & Russ. 157.
In money or negroes. 4 Bibb, R. 97.
In the occupation of. 2 Bing. R. 456. 1 B. & C. 350.
In case of the death. Swanst. 162.
Income. 9 Mass. R. 372; 1 Metc. 75.
Inde. Co. Litt. 82 b.
Indebted. 15 Serg. & Rawle, 142;. 3 Caines' R. 323; 17 S. & R.
285.
lndefeasible title. 3 Bibb, R. 317.
Indirect. 2 Gill & John. 382.
Indorse. 7 Pick. 117.
Infamous crime. 1 Moody, Cr. Cas. 34, 38.
Inferior tradesmen. 1 Lord Raym. 149; Com. Rep. 26; 5 Mod. 307;
Bac. Ab. Costs, B.
Inhabitants of a neighborhood. 10 Pick. R. 367.
Insolvent circumstances. 2 Harr. Dig. 202; Chit. on Bills, 120;
McClel. & Yo. 407.
Istantly. 3 Perr. & Dav. 52; 8 Dowl. 157.
Intended to be recorded. 2 Rawle, 14.
Intent to defraud-Intent to deceive. Rob. Fr. Cony. 30; and see
8 John. R. 446; 12 John. 120; 2 John. Ch. R. 35; 4 Wheat. R.
466.
Intents and purposes. To all intents and purposes. 11 Ves. 530.
Investment. 15 Johns. 384, 392
Irregularly. 1 Cowen, 73@'S, b.
Irreparable. 3 Mart. N. S. 25.
Is indebted to the plaintiff in trover. 1 H. Bl- 218.
Is indebted to the plaintiff upon promises. 2 Dougl. 467; and
Bouvier's Law Dictionary : C2 : Page 42 of 101
see Say, R. 109.
Issue. 3 Ves. & Bea. 67; 13 Ves. 340; 3 Ves. 421; 7 Ves. 522;
1 Dall. 47; 1 Yeates, 332; 3 Ves. 257; 1 Cox, 38. Failure of
issue. 1 B. B. 1. Die without issue. 17 Ves. 482.
Issuably. 3 Chit. Pr. 705.
It shall and may be lawful. 1 Edw. R. 84.
It shall be lawful. 8 N. S. 539.
It shall be lawful for the court. 1 John. Ch. R. 491.
Ita quod. Ld. Raym. 760.
Jewels. Ward on Leg. 221; Mos. 112.
Jewelry. 14 Pick. 370. Vide infra Trinkets.
Jockey. 8 Scott, N. S. 5S4. ,
Joint and equal proportions. Jointly. Ambl. 656; 1 Bro. C. C.
118; 2 Rop. Leg. 267. Joint and several. 2 Day, 442; 1 Caines'
Cas. 122; 1 Consts. R. 486; 1 Cox, 200; 4 Desaus. 148; 7
Serg. & Rawle, 356.
Judicial proceedings. 5 Ohio, 547; 3 M. R. 248; 4 M. R. 451; 6
M. R. 668; 7 M. R. 325; 9 M. R. 204, 325; 10 M. R. 1; L. R.
438; 3 N. S. 551; 5 N. S. 519.
Junior. 8 John. 549; 8 Conn. R. 293.
Just debts. 1 Binn. 209; 9 Mass. 62.
Justafiable cause. 1 Sumn. 194.
Kept. 4 Scamm. 168.
Kin. Next of kin. 15 Ves. 109; Id. 583; 3 Bro. C. C. 355. Next
of kin or heir at law. 4 Ves. 469. Next of kin, in equal degree.
12 Ves. 433.
King's enemies. 1 Leigh's N. P. 509.
King and being privy to. Platt on Cov. 338.
Laborer. 1 Lo. Rep. 268.
Lamb-Mutton. 1 Moody, Cr. Cas. 242; and see Russ. & Ry. 497.
Lampooner. 3 Lev. 248.
Last past-August last past. 3 Cowen, 70.
Last sickness. 20 John. 502.
Last will. 7 T. R. 138.
Law charges. 3 Mart. Lo. R. 282.
Law of the land. 2 Yerg. 554; 6 Penna. St. Rep. 87, 91; 4 Dev.
1.
Lawful. Lawful heir. 2 T. R. 720.
Lawful deed of conveyance. 2 Serg. & R. 499.
Lawful money. 1 Yeates, 349; 1 Dall. 126, 176.
Lawful, Shall be. 2 D. & R. 172; 4 B. & A. 271; 1 B. & C. 35,
8.
Lawful title. 1 Blackf. 380; 2 Greenl. R. 22; 10 John. R. 266.
Lawful deed. 2 S. & R. 498; Coxe, 106.
Lawful current money of Pennsylvania. 1 Dall. 124.
Lawfully demanded. 2 M. & S. 525.
Leaving children. 7 T. R. 332, and see 7 Ves. 453; 9 Ves. 204;
6 T. R. 307. Vide Having Children.
Leasehold ground rents. Ward on Leg. 222; 1 Bro. 76.
Legal representatives. 3 Ves. 486; 3 Bro. C. C. 224; 1 Yeates
213; 2 Yeates, 585; 2 Dall. 205; 6 Serg. & Rawle, 83; 1
Bouvier's Law Dictionary : C2 : Page 43 of 101
Anstr. 128.
Lend. 1 Hill's Ch. 37.
Lent.. Bac. Ab. Assumpsit F; 2 Wils. 141.
Let. 5 Whart. R. 278.
Level. 5 Ad. & El. 302; 4 Nev. & Man. 602.
Life estate. 500 to the sole use of N, or of her children,
forever. 1 Cox, 341; vide 12 Ves. 295; 1 Rose, 200; 13 Ves.
486; 13 Ves. 445; 2 Eden, 323; Amb. 499; 4 Bro. C. C. 541; 1
Bay, 447.
Limit and appoint. 5 D. & E. 124.
Limn. 3 Bro. C. C. 311.
Literary composition. Eden, Inj. 324.
Live and dead stock. Ward on Leg. 220; 3 Ves. 311.
Livelihood. 3 Atk. 399.
Living together. 1 Add. R. 476; 3 Add. R. 277; 2 Tyrw. 76; 2
Cr. & J. 66; Rogers' Eccl. Law, tit. Marriages.
Loaded arm. 1 Carr. & Kirw. 530; S. C. 47 Eng. C. L. R. 530.
Lost or not lost. 1 Marsh. Ins. 332; Park, Ins. 25; 5 Burr.
2803; Wesk. 345.
Loaf sugar. 1 Sumn. R. 159.
Lot No. 54. 1 Verm. R. 336; 18 John. R. 107; 5 N. R. Rep. 58.
Lots. 4 Ohio, 5.
Lying at the wharf. 2 McCord, 105.
Made. 1 Cranch, 239. @
Made his note to the plaintiff for $760. 1 Breese's R. 122.
Magistrate. 13 Pick. 523.
Make over and grant. 18 John. 60; 3 John. R. 484.
Maintenance. 4 Conn. R. 558; 2 Conn. R. 155; 2 Sandf. Ch. R.
91. See Support.
Mange. Oliph. on Horses, 46.
Mankind. Fortescue. 91.
Mare. 1 Leach, 72; 2 W. Bl. 721; 2 East, P. C. 1074.
Manner or Seaman. 2 Curt. Eccl. R. 336.
Mark. Trade mark. See 19 Pick. 214.
Married. Dying unmarried; without being married, and having
children. 1 Rop. Leg. 412; 3 Ves. 450, 454; C, 7 Ves. 454.
Matter in controversy. 2 Yeates, 276; 1 Serg. & Rawle, 269; 5
Binn. 522; 3 Dall. 404; 2 Dall. 260, n.
Matter in dispute. 3 Cranch, 159.
Matters in difference. 5 Mass. 334.
May. 1 Saund. 58, n. 1; 5 Johns. Ch. R. 101; 5 Cowen, 195; 14
Serg. & Rawle, 429; 1 E. C. L. R. 46; 1 Pet. R. 46.
May assign. May suggest. Ib.; St 8 and 9 W. 3, c. 11, s. 8.
Meadows. 5 Cowen's R. 216; Co. Litt. 4, b.
Means. Platt. on Cov. 334-5.
Medals. Ward. on Leg. 221; 3 Atk. 201.
Merchandise. 8 Pet. 277.
Merchantable. 3 Campb. R. 462.
Merchantable quality. 20 Wend. R. 61.
Merits. 3 Watts & Serg. 273.
Mess. 2 Russ. C. & M. 360.
Mess Pork of Scott & Co. 2 Bing. N. C. 668.
Messuage and house. Cro. Eliz. 89; 2 Ch. Cas. 27; 2 T. R. 498;
Bouvier's Law Dictionary : C2 : Page 44 of 101
1 Boss. & Pull. 53.
Mill. 5 Serg. & Rawle, 107.
Mill privilege. 4 Shepl. R. 63.
Mill saw. 1 Fairf. R. 135.
Mill site. 15 Pick. 57; 6 Cowen, R. 677; 11 John. R. 191.
Minerals. 5 Watts, 34.
Misapply. 12 Ad. & Ell. 140; 40 E. C. L. R. 140.
Misnomer. 16 East, 110; 2 Stark. N. P. C. 29; Dunl. Pr. 238; 3
Camp. 29; 2 Caines' R. 362; 13 John. 486.
Mobilier. 3 Harr. Cond. R. 430.
Molest. Mo. 402; S. C. Cro. Eliz. 421.
Money. 15 Ves. 319; 3 Meriv. 691; 1 John. Ch. R. 231.
Money only. 7 T. R. 539, 549.
Money - Moneys. 14 John. R. 12.
Money deposited in court. 2 Gall. R. 146.
Money in the funds. 5 Price, R. 217.
Moneys. 1 John. Ch. R. 231.
More or less. 2 Pow. Mortg. 445, a, note; 2 Hen. & Munf. 164; 1
Ves. & B. 376; 2 Barn. & Adol. 106; S. C. 22 E. C. L. R. 36; 1
Yeates, 309; 6 Binn. 102; 4 Serg. & Rawle, 493; 1 Serg. Rawle,
166; 5 Serg. & Rawle, 260; 1 Munf. 336; 2 Saund. 305, b, n.;
4 Mason's R. 418; Sudg. Vend. 231-2; Ow. 133; 1 Campb. 337.
Mountain. 1 Str. 71; 1 Burr. 629.
Movables. Ward. on Leg. 210; Off. Ex. 252; Sir W. Jo. 225.
Mr. 3 C. & P. 59; S. C. 1 M. & M. 118.
Mrs. 3 C. & P. 59; S. C. 1 M. & M. 118.
Mutual credit. 8 Taunt. 499; 4 Burr. 2222; Cooke's Bankr. Laws,
536; 4 T. R. 211; 2 Smith's Lead. Cas. 178, and the cases there
cited.
My fishing place. 1 Whart. R. 1.37.
My half part. 11 East, R. 163.
My inheritance. Hob. 2; 7 East, R. 97.
My seven children, naming only six. 2 Coxe, R. 164.
My property. 17 John. R. 281.
My house, and all that shall be in it at my death. 1 Bro. C. C.
129, n.; 11 Ves. 662,
My right heirs on the part of my mother. 4 Ves. 766.
Name and blood. 15 Ves. 92.
Navicular disease. Oliph. on Horses, 47.
Navigable river. 6 Cowen, 528; 21 Pick. R. 344.
Necessary. 4 Wheat. 413, 418; 7 Cowen, 606 2 A. K. Marsh. R. 84.
Necessary charges. 3 Greenl. 191.
Necessary implication. 1 Ves. & B. 466.
Necessary tools of a tradesman. 2 Whart. 26.
Needful. 4 Esp. R. 66.
Nerving. Oliph. on Law of Horses, 47; R. & M. 290.
Neurotomy. Oliph. on Horses, 47; R. & M. 290.
Never. 2 Atk. 32; Bayl. Bills, 4; Chit. Bills, 54; 3 Q. B.
239, 242.
New Manufacture. 4 Mann. & Gr. 580.
Next. Stra. 394; Cro. Jac. 646, 677: Bac. Ab. Conditions, P. 3;
2 John. 190; 9 Cowen, 255.
Next of kin. 15 Ves. 109; 15 Ves. 536; 3 Bro. C. C. 355; Id.
Bouvier's Law Dictionary : C2 : Page 45 of 101
64; 14 Ves. 372.
Next of kin, or heir at law. 4 Ves. 469.
Next of kin, equal in degree. 12 Ves. 433.
Non-arrival. 2 B. & C. 564.
Non-resident. 4 L. R. 11.
Northerly. 1 John. 156. See 3 Caines, 293.
Northward. 3 Caines' R. 293; 1 John. R. 158.
Not liable for any damage to or from her sheathing. 20 Pick. 389.
Note or Notes. 7 Serg. & Rawle, 465.
Notes current in the city of New York. 19 John. R. 14 6.
Notice of action. 1 Holt's N. P. R. 27.
Now. 3 Penna. R. 288, 9; 4 Mann. & Gr. 99, 100.
Occupation. 7 W. & S. 330.
Occupied. 1 Breese's R. 70.
Of. 2 T. R. 431.
Of and concerning. 4 M. & Selw. 169; 3 Caines' R. 329; 5 Johns.
R. 211; 7 Johns. R. 264; Id. 359; 3 Binn. 517; 1 Binn. 337. 5
Binn. 218.
Offence. 9 Car. & P. 525; S. C. 38 E. C. L. R. 222.
Office, or public trust. 2 Cowen, 29 n.; 20 Johns. 492; 1 Munf.
468.
Office of trust. 6 Blackf. 529.
On. 2 T. R. 431.
On arrival. 2 Campb. R. 532; Id. 327.
On condition. 4 Watts & Serg. 302.
On shore. 1 Bos. & Pull. 187.
On a stream. 3 Sumn. R. 170.
On the trial. 2 Whart. 159.
On payment of costs. 6 Cowen, R. 582; 5 J. J. Marsh. 243.
One day after date. 2 P. S. R. 496.
One pair of boots. 3 Harring. 559.
One whole year. 12 Mass. 262.
Once a week. 4 Peters' R. 361; 2 Miles, R. 150, 151.
One thousand dollars to the children of. 9 Verm. R. 41.
Openly. 2 Inst. 57; Bac. Ab. Merchant, &c.
Or, construed and. 2 Rop. Leg. 290; 1 P. Wms. 483; 2 Cox, 213;
2 P. Wms. 383; 2 Atk. 643; 6 Ves. 341; 2 Ves. Sen. 67; 2 Str.
1175; Cro. Eliz. 525; Pollexf. 645; 1 Bing. 500; 3 T. R. 470;
1 Ves. Sen. 409; 3 Atk. 88, 85; 1 Supp. to Ves. Jr. 485; 2 Id.
9, 43, 114; 1 Yeates, 41, 319; 1 Serg. & Rawle, 141; 1 Wend.
396; 6 Toull. n. 703 and 704. Vide Disjunctive.
Or any other person. 15 Wend. 147.
Or by any other person. 3 Marrh. 720.
Or elsewhere. 2 Gall. R. 477.
Or otherwise. 1 Chit. R. 205, 6; Hawk. c. 2 5, s. 4. 1
Orchard. Cro. Eliz. 854.
Ordained minister. 4 Conn. 134.
Order, in chancery pleading. 7 Sim. R. 17.
Original. 6 Wheat. 396; 5 Serg. & Rawle, 549. Vide Courts of the
United States.
Orphan. 3 Mer. 48; 2 Sim. & Stu. 93.
Other. 1 Brock. R. 187.
Other offices. 1 B. & C. 237. See 5 T. R. 375, 379; 5 B. & C.
Bouvier's Law Dictionary : C2 : Page 46 of 101
640; 8 D. &, R. 393.
Other writing. 1 Rawle, 231.
Otherwise. 1 Gall. R. 39.
Out of the State. 1 Johns. Cas. 76.
Out of the country. 3 Bibb, 510.
Out of their joint funds, according to the articles of
association. 4 S. & R. 356.
Outfits. 1 Story, R. 603.
Out-house. 5 Day, 151; 4 Conn. 446.
Over the sea. Kirby, 299.
Overseers. 7 Mann. & Gr. 481,
Own use. 4 Rawle, R. 68.
Owned by them. 5 Cowen, 509.
Owner. 6 Nev. & M. 340.
Oxgang. Touchs. 93; Co. Litt. 5.
Oyster spat. 12 Ad. & Ell. 13; S. C. 40 E. C. L. R. 15.
Passage room. 2 Ld. Raym. 1470.
Passing through the town. 6 Ohio, R. 142.
Payable. 14 Ves. 470; 16 Ves. 172; 2 Supp to Ves. jr. 296; 13
Ves. 113; 3 Ves. 13; 2 C. 305.
Paying. Roll. Ab. 411; Bac. Ab. Conditions, A; Lane, 56, 78.
Paying thereout. Pick. 444.
Paying yearly ard every year. 3 Lom. Dig. 187.
Pearls. Dig. 34, 2, 18.
Peas. Bac. Ab. Merchant, &c. 1.
Pencil, writing. 1 Eccl. R. 406, 7; 5 B. & C. 234; 7 Dowl. & R.
653; 1 Stark. R. 267; 1 Phillim. R. 52, 53; 2 Phillim. R. 173.
Per annum. Bac. Ab. Covenant, F
Percussit. 2 Virg. Car. 111.
Perishable articles. 7 Cowen, 202.
Permitting and suffering. 6 Barn. & Cres. 295; Platt on Cov.
338.
Perpetual. 2 Bro. & B. 27; S. C. 6 B. Moo. 159.
Person liable. Eden's Bankr. Law, 146.
Personal estate. 1 Ves. & Bea. 415; 4 Ves. 76; 1 M'Cord, 349;
1 Dall. 403; 2 Rawle, 162; 5 Mason, 544.
Personal ornaments. 1 Beav. R. 189.
Personal representatives. 1 Anst. 128.
Person of color. 3 Iredell, 455.
Pigs - Cattle. Russ. & Ry. Cr. Cas. 76.
Pilfering. 4 Blackf. 499.
Piratical. 2 How. S. C. 210.
Place. Office. 1 Munf. 468.
Places. 5 T. R. 375,379; 5 B. & C. 640; 8 D. & R. 393. See 1 B.
& B. C. 237.
Pladtum. Skin. 550, 554.
Plant. 1 Mo. & Malk. 341; S. C. 22 E. C. L. R. 330.
Plantation. 2 Humph. 315.
Planting. 7 Conn., 186.
Pleasure. At her pleasure. Boyle on Char. 307.
Pleasure carriage. 9 Conn. 371; 11 Conn. 185; 18 John. 128; 19
John. 442.
Plow land. Co. Litt. 5; Plowd. 167; Touchs. 93.
Bouvier's Law Dictionary : C2 : Page 47 of 101
Plundered. 16 Pick. 1.
Poll-evil. Oliph. on Law of Horses, 49.
Poor. Poor kindred. Boyle on Char. 31; 17 Ves. 371; 1 Caines'
R. 59.
Poor inhabilants. Ambl. 422.
Port. 2 B. & Ad. 43; S. C. 22 E. C - L. R. 23.
Port of destination. Port of discharge. 5 Mason, 404.
Possess 3. 1 Dev. & Bat. 452.
Posession. Coming into possession. 3 Br. C C. 180.
Postea. 1 Saund. 287.
Power coupled with an interest. 8 Wheat. 203; 2 Cowen, 196.
Power of attorney. 8 Pick. 490.
Praedict. Co. Litt. 20 b.
Preference. 1 Paine, 630.
Premises. AlI the premises. 17 Ves. 75; 1 East, R. 456.
Presented. 2 Hill, R. 582.
Price. A price clear of all expenses. 2 V. & B. 341.
Prime cost. 2 Mason, 53, 55.
Prior in date. 3 Day, 66.
Prison charges. 4 Greenl. 82.
Private charity. Turn. & Russ. 260.
Privileges and appurtenances. 14 Mass. 49; 17 Mass. 443.
Pro. A B, C D. 11 Mass. R. 97.
Proceed to tea. 9 Serg. & Rawle, 154; 2 Pet. Adm. Dec. 97, 93.
Procecding. 2 East, R. 213; 3 Com. Dig. 49, note; 1 Hall, 166;
8 Wend. 167.
Proceedings thereupon. 16 Pet. 303, 313.
Proceeds. 4 Mason, 529.
Procreatis-Procreandis. 1 M. & S. 124.
Procure. 1 Car. & Marsh. 458.
Procurement. Platt. on Cov. 337.
Produce of a farm. 6 Watts & Serg. 269, 280.
Pr