COMMUNITY. This word has several meanings; when used in common
parlance it signifies the body of the people.
2. In the civil law, by community is understood corporations, or bodies
politic. Dig. 3, 4.
3. In the French law, which has been adopted in this respect in Louisiana,
Civ. Code, art. 2371, community is a species of partnership, which a man and
woman contract when they are lawfully married to each other. It consists of the
profits of all, the effects of which the husband has the administration and
enjoyment, either of right or in fact; of the produce of the reciprocal industry
and labor of both husband and wife, and of the estates which they may acquire
during the marriage, either by donations made jointly to them, or by purchase,
or in any other similar way, even although the purchase he made in the name of
one of the two, and not of both; because in that case the period of time when
the purchase is made is alone attended to, and not the person who made the
purchase. 10 L. R. 146; Id. 172, 181; 1 N. S. 325; 4 N. S. 212. The debts
contracted during the marriage enter into the community, and must be acquitted
out of the common fund; but not the debts contracted before the marriage.
4. The community is either, first, conventional, or that which is formed by
an express agreement in the contract of marriage itself; by this contract the
legal community may be modified, as to the proportions which each shall take, or
as to the things which shall compose it; Civ. Code of L. art. 2393; second,
legal, which takes place when the parties make no agreement on this subject in
the contract of marriage; when it is regulated by the law of the domicil they
had at the time of marriage.
5. The effects which compose the community of gains, are divided *into two
equal portions between the heirs, at the dissolution of the marriage. Civ. Code
of L. art. 2375. See Poth. h. t.; Toull. h. t.; Civ. Code of Lo. tit. 6, c. 2,
6. In another sense, community is the right which all men have, according to
the laws of nature, to use all things. Wolff, Inst. 186.
COMMUTATION, punishments. The change of a punishment to which a person
has been condemned into a less severe one. This can be granted only by the
executive authority in which the pardoning power resides.
COMMUTATIVE CONTRACT, civil law. One in which each of the contracting
parties gives and, receives an equivalent. The contract of sale is of this kind.
The seller gives the thing sold, and receives the price, which is the
equivalent. The buyer gives the price and receives the thing sold, which is the
2. These contracts are usually distributed into four classes, namely; Do ut
des; Facio ut facias; Facio ut des; Do ut facias. Poth. Obl. n. 13. See' Civ.
Code of Lo. art. 1761.
COMMUTATIVE JUSTICE. That virtue whose object is, to render to every
one what belongs to him, as nearly as may be, or that which governs
2. The word commutative is derived from commutare, which signifies to
exchange. Lepage, El. du Dr. ch. 1, art. 3, 3. See Justice.
TO COMMUTE. To substitute one punishment in the place of another. For
example, if a man be sentenced to be hung, the executive may, in some states,
commute his punishment to that of imprisonment.
COMPACT, contracts. In its more general sense, it signifies an
agreement. In its strict sense, it imports a contract between parties, which
creates obligations and rights capable of being enforeed, and contemplated as
such between the parties, in their distinct and independent characters. Story,
Const. B. 3, c. 3; Rutherf. Inst. B. 2, c. 6, 1. 2. The constitution of the
United States declares that " no state shall, without the consent of congress,
enter into agreement or compact with another state, or with a foreign power."
See 11 Pet: 1; 8 Wheat. 1 Bald. R. 60; 11 Pet. 185.
COMPANION, dom. rel. By 5 Edw. III., st. 5, c. 2, 1, it is declared to
be high treason in any one who " doth compass or imagine the death of our lord
the king, or our lady his companion," &c. See 2 Inst. 8, 9; 1 H. H. P. C.
COMPANIONS, French law. This is a general term, comprehending all
persons who compose the crew of a ship or vessel. Poth. Mar. Contr. n. 163.
COMPANY. An association of a number of individuals for the purpose of
carrying on some legitimate business.
2. This term is not synonymous with partnership, though every such
unincorporated compass is a partnership.
3. Usage has reserved this term to associations whose members are in greater
number, their capital more considerable, and their enterprizes greater, either
on account of their risk or importance.
4. When these companies are authorized by the government, they are known by
the name of corporations. (q. v.)
5. Sometimes the word is used to represent those members of a partnership
whose names do not appear in the name of the firm; as, A.B & Company. Vide,
12 Toull. n, 97; Mortimer on Commerce, 128. Vide Club; Corporation; Firm;
Parties to actions; Partnership.
COMPARISON OF HANDWRITING, evidence. It is a general rule that
comparison of hands is not admissible; but to this there are some exceptions. In
some instances, when the antiquity of the writing makes it impossible for any
living witness to swear that he ever saw the party write, comparison of
handwriting, with documents known to be in his handwriting, has been admitted.
For the general principle, see Skin. 579, 639; 6 Mod. 167; 1 Lord Ray. 39, 40;
Holt. 291; 4 T. R. 497; 1 Esp. N. P. C. 14, 351; Peake's Evid. 69; 7 East, R.
282; B. N. P. 236; Anthon's N. P. 98, n.; 8 Price, 653; 11 Mass. R. 309 2
Greenl. R. 33 2 Johns. Cas. 211 1 Esp. 351; 1 Root, 307; Swift's Ev. 29; 1
Whart. Dig 245; 5 Binn. R. 349; Addison's R. 33; 2 M'Cord, 518; 1 Tyler, R. 4 6
Whart. R. 284; 3 Bouv. Inst. n. 3129-30. Vide Diploma.
TO COMPASS. To imagine; to contrive.
2. In England, to compass the death of the king is high treason. Bract. 1. 3,
c. 2 Britt. c. 8; Mirror, c. 1, s. 4.
COMPATIBILITY. In speaking of public offices it is meant by this term
to convey the idea that two of them may be held by the same person at the same
time. It is the opposite of incompatibility. (q. v.)
COMPENSATIO CRIMINIS. The compensation or set-off of one crime against
another; for example, in questions of divorce, where one party claims the
divorce on the ground of adultery of his or her companion, the latter may show
that the complainant has been guilty of the same offence, and having himself
violated the contract, he cannot complain of its violation on the other side.
This principle is incorporated in the codes of most civilized nations. 1 Ought.
Ord. per tit. 214; 1 Hagg. Consist. R. 144; 1 Hagg. Eccl. R. 714; 2 Paige, 108;
2 Dev. & Batt. 64. See Condonation.
COMPENSATION, chancery practice. The performance of tbat which a court
of chancery orders to be done on relieving a party who has broken a condition,
which is to place the opposite party in no worse situation than if the condition
had not been broken.
2. Courts of equity will not relieve from the consequences of a broken
condition, unless compensation can be made to the opposite party. Fonb. c. 6; s.
51 n. (k) Newl. Contr: 251, et. seq.
3. When a simple mistake, not a fraud, affects a contract, but does not
change its essence, a court of equity will enforce it, upon making compensation
for the error, The principle upon wbich courts of equity act," says Lord
Chancellor Eldon, "is by all the authorities brought to the true standard, that
though the party had not a title at law, because he had not strictly complied
with the terms so as to entitle him to an action, (as to time for instance,) yet
if the time, though introduced, as some time must be fixed, where something is
to be done on one side, as a consideration for something to be done on the
other, is not the essence of the contract; a material object, to which they
looked in the first conception of it, even though the lapse of time has not
arisen from accident, a court of equity will compel the execution of the
contract upon this ground, that one party is ready to perform, and that the
other ma, have performance in substance if he will permit it." 13 Ves. 287. See
10 Ves. 505; 13 Ves. 73, 81, 426; 6 Ves. 675; 1 Cox, 59.
COMPENSATION, contracts. A reward for services rendered.
COMPENSATION, contracts, civil law. When two persons are equally
indebted to each other, there takes place a compensation between them, which
extinguishes both debts. Compensation is, therefore, a reciprocal liberation
between two persons who are creditors and debtors to each other, which
liberation takes place instead of payment, and prevents a circuity. Or it may be
more briefly defined as follows; compensatio est debiti et crediti intter se
2. Compeasation takes places, of course, by the more operation of law, even
unknown to the debtors the two debts are reciprocally extinguished, as soon as
they exist simultaneously, to the, amount of their respective sums. Compensation
takes place only between two debts, having equally for their object a sum of
money, or a certain quantity of consumable things of one and the same kind, and
which are equally liquidated and demandable. Compensation takes place, whatever
be the cause of either of the debts, except in case, 1st. of a demand of
restitution of a tbing of which the owner has been unjustly deprived; 2d. of a
demand of restitution of a deposit and a loan for use; 3d. of a debt which has
for its cause, aliments declared not liable to seizure. Civil Code of. Louis.
2203 to 2208. Compensation is of three kinds: 1. legal or by operation of law;
2. compensation by way of exception; and, 3. by reconvention. 8 L. R. 158; Dig.
lib. 16, t. 2; Code, lib. 4, t. 31; Inst. lib. 4, t' 6, s. 30; Poth. Obl.
partie. 3eme, ch. 4eme, n. 623; Burge on Sur., Book 2, c. 6, p. 181.
3. Compensation very nearly resembles the set-off (q. v.) of the common law.
The principal difference is this, that a set-off, to have any effect, must be
pleaded; whereas compensation is effectual without any such plea, only the
balance is a debt. .2 Bouv. Inst. n. 1407.
COMPENSATION, crim. law; Compeusatio crimiuura, or recrimination (q.
2. In cases of suits for divorce on the ground of adultery, a compensation of
the crime hinders its being granted; that is, if the defendant proves that the
party has also committed adultery, the defendant is absolved as to the matters
charged in the libel of the plaintiff. Ought. tit. 214, Pl. 1; Clarke's Prax.
tit. 115; Shelf. on Mar. & Div. 439; 1 Hagg. Cons. R. 148. See Condonation;
COMPENSATION, remedies. The damages recovered for an injury, or the
violation of a contract.. See Damages.
COMPERUIT AD DIEM, pleading. He appeared at the day. This is the name
of a plea in bar to an action of debt on a bail-bond. The usual replication to
this plea is nul tiel record: that there is not any such record of appearance of
the said. For forms of this plea, vide 5 Wentw. 470; Lil. Entr. 114; 2 Chit. Pl.
2. When the issue is joined on this plea, the trial is by the record. Vide 1
Taunt. 23; Tidd, 239. And see, generally, Com. Dig. Pleader, 2 W. 31; 7 B. &
COMPETENCY, evidence. The legal fitness or ability of a witness to be
heard on the trial of a cause. This term is also applied to written or other
evidence which may be legally given on such trial, as, depositions, letters,
account-books, and the like.
2. Prima facie every person offered is a competent witness, and must be
received, unless Lis incompetency (q. v.) appears. 9 State Tr. 652.
3. There is a difference between competency and credibility. A witness may be
competent, and, on examination, his story may be so contradictory and improbable
that he may not be believed; on the contrary he may be incompetent, and yet be
perfectly credible if he were examined.
4. The court are the sole judges of the competency of a witness, and may, for
the purpose of deciding whether the witness is or is not competent, ascertain
all the facts necessary to form a judgment. Vide 8 Watts, R. 227; and articles
Credibility; Incompetency; Interest; Witness.
5. In the French law, by competency is understood the right in a court to
exercise jurisdiction in a particular case; as, where the, law gives
jurisdiction to the court when a thousand francs shall be in dispute, the court
is competent if, the sum demanded is a thousand francs or upwards, although the
plaintiff may ultimately recover less.
COMPETENT WITNESS. One who is legally qualified to be heard to testify
in a cause. In Kentucky, Michigan, and Missouri, a will must be attested, for
the purpose of passing lands, by competent witnesses; but if wbolly written by
the testator, in Kentucky, it need not be so attested. See Attesting witness;
Credible witness; Disinterested witness; Respectable witness; and Witness.
COMPETITORS, French law. Persons who compete or aspire to the same
office, rank or employment. As an English word in common use, it has a much
wider application. Ferriere, Dict. de Dr. h. t.
COMPILATION. A literary production, composed of the works of others,
and arranged in some methodical manner.
2. When a compilation requires in its execution taste, learning,
discrimination and intellectual labor, it 'is an object of copyright; as, for
example, Bacon's Abridgment. Curt. on Copyr. 186.
COMPLAINANT. One who makes a complaint. A plaintiff in a suit in
chancery is so called.
COMPLAINT, crim. law. The allegation made to a proper officer, that
some person, whether known or unknown, has been guilty of a designated offence,
with an offer to prove the fact, and a request that the offender may be
2. To have a legal effect, the complaint must be supported by such evidence
as shows that an offence has been committed, and renders it certain or probable
that it was committed by the person named or described in the complaint.
COMPOS MENTIS. Of sound mind. See non compos mentis.
COMPOSITION, contracts. An agreement, made upon a sufficient
consideration, between a debtor and creditor, by which the creditor accepts part
of the debt due to him in satisfaction of the whole. Montagu on Compos. 1; 3 Co.
118; Co. Litt. 212, b; 4 Mod. 88; 1 Str. 426; 2 T. R. 24, 26; 2 Chit. R. 541,
564; 5 D. & R. 56 3 B. & C. 242; 1 R. & M. 188; 1 B. & A. 103,
440; 3 Moore's R. 11; 6 T. R. 263; 1 D. & R. 493; 2 Campb. R. 283; 2 M.
& S. 120; 1 N. R. 124; Harr. Dig. Deed VIII.
2. In England, compositions were formerly allowed for crimes and
misdemeanors, even for murder. But these compositions are no longer allowed, and
even a qui tam action cannot be lawfully compounded. Bac. Ab. Actions qui tam,
See 2 John. 405; 9 John. 251; 10 John. 118; 11 John. 474; 6 N. H.-Rep. 200.
COMPOSITION OF MATTER. In describing the subjects of patents, the Act
of Congress of July 4, 1836, sect. 6, uses the words "composition of matter;"
these words are usually applied to mixtures and chemical compositions, and in
these cases it is enough that the compound is new. Both the composition and the
mode of compounding may be considered as included in the invention, when the
compound is new.
COMPOUND INTEREST. Interest allowed upon interest; for example, when a
sum of money due for interest, is added to the principal, and then bears
interest. This is not, in general, allowed. See Interest for money.
COMPOUNDER, in Louisiana. He who makes a composition. An amicable
compounder is one who has undertaken by the agreement of the parties to compound
or settle differences. between them. Code of Pract. of Lo. art. 444.
COMPOUNDING A FELONY, The act of a party immediately aggrieved, who
agrees with a thief or other felon that he will not prosecute him, on condition
that he return to him the goods stolen, or who takes a reward not to prosecute.
This is an offence punishable by fine and imprisonment. The mere retaking by the
owner of stolen goods is no offence, unless the offender is not to be
prosecuted. Hale, P. C. 546 1 Chit. Cr. Law, 4.
COMPROMISE, contracts. An agreement between two or more persons, who,
to avoid a lawsuit, amicably settle their differences, on such terms as they can
agree upon. Vide Com. Dig. App. tit. Compromise.
2. It will be proper to consider, 1. by whom the compromise must be made; 2.
its form; 3. the subject of the compromise; 4. its effects.
3. It must be made by a person having a right and capacity to enter into the
contract, and carry out his part of it, or by one having lawful authority from
4. The compromise may be by parol or in writing, and the writing may be under
seal or not: though as a general rule a partner cannot bind his copartner by
deed, unless expressly authorized, yet it would seem that a compromise with the
principal is an act which a partner may do in behalf of his copartners, and
that, though under seal, it would conclude the firm. 2 Swanst. 539.
5. The compromise may relate to a civil claim, either as a matter of
contract, or for a tort, but it must be of something uncertain; for if the debt
be certain and undisputed, a payment of a part will not, of itself, discharge
the whole. A claim connected with a criminal charge cannot be compromised. 1
Chit. Pr. 17. See Nev. & Man. 275.
6. The compromise puts an end to the suit, if it be proceeding, and bars any
Suit which may afterwards be instituted. It has the effect of res judicata. 1
Bouv. Inst. n. 798-9.
7. In the civil law, a compromise is an agreement between two or more
persons, who, wishing to settle their disputes, refer the matter, in controversy
to arbitrators, who are so called because those who choose them give them full
powers to arbitrate and decide what shall appear just and reasonable, to put an
end -to the differences of which they are made the judges. 1 Domat, Lois Civ.
lib. h. t. 14. Vide Submission; Ch. Pr. Index, h. t.
COMPROMISSARIUS, civil law. A name sometimes given to an arbitrator;
because the parties to the submission usually agree to fulfil his award as a
COMPTROLLERS. There are officers who bear this name, in the treasury
depart ment of the United States.
2. There are two comptrollers. It is the duty of the first to examine all
accounts settled by the first and fifth auditors, and certify the balances
arising thereon to the register; to countersign all warrants drawn by the
secretary.of the treasury, other than those drawn on the requisitions of the sec
retaries of the war and navy departments, which shall be warranted by law; to
report to the secretary the official forms to be issued in the different offices
for collecting the public revenues, and the manner and form of stating the
accounts of the several persons employed therein; and to superintend the
preservation of the public accounts, subject to his revision; and to provide for
the payment of all moneys which may be collected. Act of March 3, 1817, sect. 8;
Act of Sept. 2, 1789, s. 2 Act of March 7, 1822 .
3. To superintend the recovery of all debts due to the United States; to
direct suits and legal proceedings, and to take such measures as may be
authorized by the laws, to enforce prompt payment of all such debt; Act of March
3, 1817, sect. 10; Act of Sept. 2, 1789, s. 2; to lay before congress annually,
during the first week of their session, a list of such officers as shall have
failed in that year to make the settlement required by law; and a statement of
the accounts in the treasury, war, and navy departments, which may have remained
more than three years unsettled, or on which balauces appear to have been due
more than three years prior to the thirteenth day of September, then last past;
together with a statement of the causes which have prevented a settlement of the
accounts, or the recovery of the balances due to the United States. Act of March
3, 1809, sect. 2.
4. Besides these, this officer is required to perform minor duties, which the
plan of this work forbids to be enumerated here.
5. His salary is three thousand five hundred dollars per annum. Act of Feb.
20, 1804, s. 1.
6. The duties of the second comptroller are to examine all accounts settled
by the second, third and fourth auditors, and certify the balances arising
-thereon to the secretary of the department in which the expenditure has been
incurred; to counter-sign all the warrants drawn by the secretary of the
treasury upon the requisition of the secretaries of the war and navy
departments, which shall be warranted by law; to report to the said secretaries
the official forms to be issued in the different offices for disbursing public
money in those departments, and the manner and form of keeping and stating the
accounts of the persons employed therein, and to superintend the preservation of
public accounts subject to his revision. His salary is three thousand dollars
per annum. Act of March 3, 1817, s. 9 and 15; Act of May 7, 1822.
7. A similar officer exists in several of the states, whose official title is
comptroller of the public accounts, auditor general, or other title descriptive
of the duties of the office.
COMPULSION. The forcible inducement to au act.
2. Compulsion may be lawful or unlawful. 1. When a man is compelled by lawful
authority to do that which be ought to do, that compulsion does not affect the
validity of theact; as for example, when a court of competent jurisdiction
compels a party to execute a deed, under the pain of attachment for contempt,
the grantor cannot object to it on the ground of compulsion. 2. But if the court
compelled a party to do an act forbidden by law, or not having jurisdiction over
the parties or the subject-matter, the act done by such compulsion would be
void. Bowy. Mod. C. L. 305.
3. Compulsion is never presumed. Coercion. (q. v.)
COMPURGATOR. Formerly, when a person was accused of a crime, or sued
in a civil action, he might purge himself upon oath of the accusation made
against him, whenever the proof was not the most clear and positive; and if upon
his oath he declared himself innocent, he was absolved.
2. This usage, so eminently calculated to encourage perjury by impunity, was
soon found to be dangerous to the public safety. To remove this evil the laws
were changed, by requiring that the oath should be administered with the
greatest solemnity; but the form was soon disregarded, for the mind became.
easily familiarized to those ceremonies which at first imposed on the
imagination, and those who cared not to violate the truth did not hesitate to
treat the form with contempt. In order to give a greater weight to the oath of
the accused, the law was again altered so as to require that the accused should
appear before the judge with a certain number of his neighbors, relations or
friends, who should swear that they believed the accused had sworn truly. This
new species of witnesses were called compurgators.
3. The number of compurgators varied according to the nature of the charge
and other circumstances. Encyclopedie, h. t.. Vide Du Cange, Gloss. voc.
Juramentum; Spelman's Gloss. voc. Assarth; Merl. Rep. mot Conjurateurs.
4. By the English law, when a party was sued in debt or simple contract,
detinue, and perhaps some other forms of action, the defendant might wage his
law, by producing eleven compurgators who would swear they believed him on his
oath, by which he discharged himself from the action in certain cases. Vide 3
Bl. Com. 341-848; Barr. on the Stat. 344; 2 Inst. 25; Terms de la Ley; Mansel on
Demurrer, 130, 131 Wager of Law.
COMPUTATION counting, calculation. It is a reckoning or ascertaining
the number of any thing.
2. It is sometimes used in the common law for the true reckoning or account
of time. Time is computed in two ways; first, naturally, counting years, days
and hours; and secondly, civilly, that is, that when the last part of the time
has once commenced, it is considered as accomplished. Savig. Dr. Rom. 182. See
Infant; Fraction. For the computation of a year, see Com. Dig. Ann; of a mouth,
Com. Dig. Temps. A; 1 John. Cas. 100 15 John. R. 120; 2 Mass. 170, n.; 4 Mass.
460; 4 Dall. 144; 3 S. & R. 169; of a day, vide Day.; and 3, Burr 1434; 11
Mass. 204; 2 Browne, 18; Dig. 3, 4, 5; Salk. 625; 3 Wils. 274.
3. It is a general rule that when an act is to be done within a certain time,
one day is to be taken inclusively, and one exclusively. Vide Lofft, 276; Dougl.
463; 2 Chit. Pr. 69; 3 Id. 108, 9; 3 T. R. 623; 2 Campb. R. 294; 4 Man. and Ryl.
300, n. (b) 5 Bingh. R. 339; S. C. 15, E. C. L. R. 462; 3 East, R. 407; Hob.
139; 4 Moore, R. 465; Har. Dig. Time, computation of; 3 T. R. 623; 5 T. R. 283;
2 Marsh. R. 41; 22 E. C. L. R. 270; 13 , E, C. L. R. 238; 24 E. C. L. R. 53; 4
Wasb. C. C. R. 232; 1 Ma-son, 176; 1 Pet. 60; 4 Pet. 349; 9 Cranch, 104; 9
Wheat. 581. Vide Day; Hour; Month; Year.
CONCEALMENT, contracts. The unlawful suppression of any fact or
circumstance, by one of the partis to a contract, from the other, which in
justice ought to be made known. 1 Bro. Ch. R. 420; 1 Fonbl. Eq. B. 1, c. 3, 4,
note (n); 1 Story, Eq. Jur. 207.
2. Fraud occurs when one person substantially misrepresents or conceals a
material fact peculiarly within his own knowledge, in consequence of which a
delusion exists; or uses a device naturally calculated to lull the suspicions of
a careful man, and induce him to forego inquiry into a matter upon which the
other party has information, although such information be not exclusively within
his reach. 2 Bl. Com. 451; 3 Id. 166; Sugd. Vend. 1 to 10; 1 Com. Contr. 38; 3
B. & C. 623; 5 D. & R. 490; 2 Wheat. 183; 11 Id. 59; 1 Pet. Sup. C. R.
15, 16. The party is not bound, however, to disclose patent defects. Sugd. Vend.
3. A distinction has been made between the concealment of latent defects in
real and personal property. For example, the concealment by an agent that a
nuisance existed in connexion with a house the owner had to hire, did not render
the lease void. 6 IV. & M. 358. 1 Smith, 400. The rule with regard to
personalty is different. 3 Camp. 508; 3 T. R. 759.
4. In insurances, where fairness is so essential to, the contract, a
concealment which is only the effect of accident, negligence, inadvertence, or
mistake, if material, is equally fatal to the contract as if it were intentional
and fraudulent. 1 Bl. R. 594; 3 Burr. 1909. The insured is required to disclose
all the circumstances within his own knowledge only, which increase the risk. He
is not, however, bound to disclose general circumstances which apply to all
policies of a particular description, notwithstanding they may greatly increase
the risk. Under this rule, it has been decided that a policy is void, which was
obtaineed by the concealment by the assured of the fact that he had heard that a
vessel like his was taken. 2 P. Wms. 170. And in a case where the assured had
information of "a violent storm" about eleven hours after his vessel had sailed,
and had stated only that "there had been blowing weather and severe storms on
the coast after the vessel had sailed" but without any reference to the
particular storm it was decided that this was a concealment, which vitiated the
policy. 2 Caines R. 57. Vide 1 Marsh. Ins: 468; Park, Ins. 276; 14 East, R. 494;
1 John. R. 522; 2 Cowen, 56; 1 Caines, 276; 3 Wash. C. C. Rep. 138; 2 Gallis.
353; 12 John. 128.
5. Fraudulent concealment avoids the contract. See, generally, Verpl. on
Contr. passim; Bouv. Inst. Index, h. t.; Marsh. Ins. B. 1, c. 9; 1 Bell's Com.
B. 2, pt. 3, c. 15 s. 3, 1; 1 M. & S. 517; 2 Marsh. R. 336.
CONCESSI, conveyancing. This is a Latin word, signifying, I have
granted. It was frequently used when deeds and other conveyances were written in
Latin.. It is a word of general extent, and is said to amount to a grant,
feoffment, lease, release, and the like. 2 Saund. 96; Co. Lift. 301, 302; Dane's
Ab. Index, h. t.; 5 Whart. R. 278.
2. It has been held that this word in a feoffment or fine implies no
-warranty. Co. Lit. 384 Noke's Case, 4 Rep. 80; Vaughan's Argument in Hayes v.
Bickoxsteth, Vaughan, 126; Butler"s Note, Co. Lit. 3 84. But see 1 Freem. 339,
CONCESSION. A grant. This word is frequently used in this sense when
applied to grants made by the French and Spanish governments in Louisiana.
CONCESSIMUS. A Latin word, which signifies, we have granted. This word
creates a covenant in law, for the breach of which the grantors may be jointly
sued. It imports no warranty of a freehold, but as in case of a lease for years.
Spencer's Case, 5 Co. Rep. 16 Brown v. Heywood, 3 Keble, Rep. 617 Bac. Ab.
Covenant, B. See Bac. Ab. officers, &c. E.
CONCESSOR. A grantor; one who makes a concession to another.
CONCILIUM. A day allowed to a defendant to make his defence; an
imparlance, 4 Bl. Com. 356, n.; 3 T. R. 530.
CONCILIUM REGIS. The name of a tribunal which existed in England
during the times of Edward I. and Edward H., composed of the judges and sages of
the law. To them were referred cases of great difficulty. Co. Litt. 804.
CONCLAVE. An assembly of cardinals for the purpose of electing a pope;
the place where the assembly is held is also called a conclave. It derives this
name from the fact that all the windows and doors are looked, with the exception
of a single panel, which admits a gloomy light.