Page:Black's Law Dictionary (Second Edition).djvu/247

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CONDEMN.

CONDEMN. To find or ndjudge guilty. 8 Leon. 5%. To adjndgze or sentence. 3 Bi. Comm. ‘Z91. To ndju-ige (.IS an admiralty court) that a vcssel is a prize, or that she is unfit for service. 1 Kent, Coiiiin. 1U2; 5 I351). 85. ’l'o set apart or exproprlate prop- ci'[_\ for public use, in the exercise of the [lower of eminent domain i\"nl'/.en v. Stui Prnncisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17.

CONDEMNATION. In admiralty law. The judgziucnt or sentence of a court having jiirlstllctinn and acting in rrm, by which (1) it is declared that a vessei which hns been (‘il|1h'il't‘(1 at sea as a prize was is“ fully so seized nnd is liable to be treated as prize: or (2) thnt property nhich has been seized for an alleged violation of the revenue laws. ueuir-ilit_\' laws. navigation laws, etc, was laufnlly so sclzcd, and is, for such cause. forfeited to the govei-niiient: or (3) that the vessel which is the subject of inquiry is un- fit and unsafe for llll\i£’.'7lIiDl]. Gallagher v. ‘Hurray. 9 Fed. Pris. 1087.

In the civil law. A sentence or judgment which cnndeinns smile one to do. to give, or to pay something, or which decinres that his claim or pretensions are unfounded. loclxu-nod v. Snffold. 1 Ga. 72.

In real-property law. The process by uhich property of a private owner is taken for public use, without his consent, but upon the l1W1l‘d and payment of just compensation, being in the nature of :1 forced sale. .-\tL'miu. K & N. R. Co. v. Southern Ry. Co., 131 Fed. (‘.66. 1:6 C. C. A. 1301: Veiiuhle v. Iiilli\\i1\' ('n.. 112 M0. 103. 20 S. W. 493. 18 I. Ii \. 68: In re Ilugheiiiier (D. G.) 36 Fed. 3&9.

CONDEMNATION MONEY. In prac- rice The d€1[ll{i:.{'3S which the party failing in an action is adjudged or comicnmcd to pny: soinetliiies simply called the “condom- nation."

As used in an appeal-bond, this phrase mmns the damages which should he awarded against the appellant by the judgment of the court. It does not embrace daiiingzes not Included in the jndgnient. Doe v. Daniels, 6 liluckf. (Ind.) S: Iluycs v. Wenver. 61 Ohio St. 53, 55 N. E. 172: Viainney v. Johnson-l\icI can ('o., 72 Neh. 340, 100 N. W. 424.

CONDESCENDENCE. In the Scotch inn. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff.

CONDICTIO.}} In Roman law. A general term for actions of a personal nature, founded upon an ohllgntion to give or do a cerruin nnd defined thing or service. It is distinguished from rindicatio rm‘, which is nn action to vindicate one's right of property in I thing by regaining (or retaining) pos-

239

CON DITION.

session of it against the adverse claim of the other p1ir1_\'.

—Cond.ic1:io oer-ti. An action which lies upon a promise to do a thing, where such promise or stipuintion is certain, (iii crta sit rtiyulazm.'i Inst. 3, 16. nr.: id. 3. pr.: Dig. 12, 1; _ _ . i0Gb.—Coi-idiotic ex lege. An action -irising Where [he law gave a remedy, but proiided no appropriate form of action Cni- vin nndictio indebitati. An notion which lay to rucovcr unything which the pluiiitifi had given or paid to the dtteniiant, by misnhe, and which he was not bound to give or pnv. eiilu-r in fact or in law.—Gnm1ietio rei fur-time. An action which lay to rccover a thing SIUIFD. against the thief himself, or his hair. Inst 4 1, 1SJ.—Cond.ictio sine eausa. An action which in_\ in favor of s person who had given or promised a thing uithout consideration, (ca.usa.) Dig. 12, 7: Cod. 4, 9.

GONDITIO.}} Let. A condition D Cuntlitio benefiolnlis, gum stmhun nonstniit, ‘bani,-;né ueeundum verbnrum intentionem est inteljiretandn: mliosa autem, quay sizatlnn destruit, stricte secun- E dum verbonl.-m proprietatem accipienfla. 8 Cake, 90. A beneficial condition, which creates an estate, ought to be construed fa- vor.-ibly, according to the intention of the words; but a condition which destroys nn estate is odious, and ought to be construed F strictly according to the letter of the words.

Gonrlitio dieitur, cum quid in easum incerhun qni pntest tendere ad ease nut nnn ease, eonfertur. CO. Litt 201. It is 6 called 11 “coi1(lition," when something is giv- ' en on an uncertain event, which may or may not cnnie into existence.

Gonditio illicit: habetur pro non ad- jeetfi. An unlawful condition is deemed as H not anneved.

Goxulitio prmeedens ndimpleri debel: prins qunm sequntnr eifectlu. C0. Lift 20] A condition precedent must be fulfilied before the effect can follow.

CONDITION. In the civil law. The rank, situation, or degree of a iiarticuiur person in some one of the (1i.lIerent orders of society.

An agreenieiit or stipulation in regard to some uncertain future event, not of the essential nature of the trnnsaciioii, but annered to it by the parties, providing for a change or inodiflcation of their legal re1a- K tions llpon its occurrence. Mackeid. R011). Law. § 134.

Clnuuifluntinn. In the civil law, conditions are of the foll0\ving_severnl kinds: _

The casual condition is that which depends on chance, and is in no wuv in the power either of the creditor or of the debtor. Civ. Code La. L art. 2023.

A mi'.~rcd condition is one that depends nt the some time on the will of one of the parties and on the will of a _thir<l 'D(‘l'S0i'L or on the will of one of the parties and also on a cssuni event. Civ. Code La. art. 2025.

The patcnutive condition is that which makes M