CONSCIENCE. The moral sense, or that capacity of our mental
constitution, by which we irresistibly feel the difference between right and
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
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 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.
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 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;
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.
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
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 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.
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.
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 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 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 inthe
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 called a merger. Ley. El. Dr. Rom. 424. U. S. Dig. tit.
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.
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.
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, 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. way 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 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
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
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
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.
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. 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.
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
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
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
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.
3. A short analysis of this instrument, so replete with salutary provisions
for insuring liberty and private riglits, and public peace and prosperity, will
here be given.
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
9. - 5. The Fifth Article provides for amendments to the constitution.
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
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.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
24. - 12. Points out the manner of electing the president and
CONSTITUTIONAL. That which is consonant to, and agrees with the
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
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.