Page:Black's Law Dictionary (Second Edition).djvu/251

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


iual law of England, “is where the accused con- iosetli and appenleth others thereof. to be- .-ume an approver." I2 Hale, P. C. c. 29.) or in. uiher words to "turn king's evidence." This is now obsolete, but something like it is pract,‘ ed in modern law, where one of the persons u(-cn‘- ul or supposed to be involved ln 11 crime is put im the witness stand under an implied promise of pnrllnrl. Coin. v. Knapp. 10 Pick. (M s.) 477, '30 Am Doc. 534; State v. Willi_ 7_1 IUD ‘I5


Conn. 298. 41 All. L merely a plan of guilt .. 41 A .

I,‘-Jun. . -ru v. U. 168

'. l'~l Quri. Ct. 133, 42 L. FR] 5(i8. A voluntary confession is one made spontaneously by ti, person accused of crime. free from the iriiui-nce of any extraneous disturbing cause, and in yarticular, not influenced, or extorted h_v vio- I-mc. threiits, or promises. State v. Clillnrd, ~‘i. iuwa, 5.10. 53 N. W. 299. 41 Am. St. Rep. 11¢: Iiorsel v. State, G2 N. J. Law. 21!}. 41 ,\l 408: State v. Alexander, 109 La. 557 3-

. 600: in. v. Sago. 125 Mass.

rk r ‘law. 65 N. J. Imu, ”, 47 t1. -4?‘ R1} -\ni. St. Rep. (:63; (‘olburn v. Groton, -Eli N. H. 151. 23 Ati 95. 2'3 L. R. A. 763. —Ccr.ifcirsion and avoidance. A piss in con- ri inn and avoidance is one which nvows and confesses the truth of the averments of fact in the declaration, either expressly or by implica- II.ui, but then proceeds to allege new matter otiich tends to deprive the facts admitted of their ordinary legal effect, or to obviate. neutnilize, or avoid them.—Coni’essiun of eferiss. In Eugiisli practice. Where ll(‘f(’l'lll5IY1C alleges a ground of defense arising: since the i-ammencement of the action, the plaintitE_may deliver confession of such defense and sign Juil_:- mint for ‘s costs up to the time of such 1iirad- unis. it be othernise ordered Jud. Act Orrl. XX, r. 3.—ConfeIsion of judgment. The act of a debtor in permitting judgnnt to be entered against him by his creditor, In a stipiiiated sum, by a written statement to miit effort or by warrant of nttorncv, wilh_oirt rim institution of legal proceedings of any kind. —Cnnfessi.rL,-3 error. A plea to an assignment of error, admitting the same.

CONFESSO, BILL TAKEN PRO. In i-qiiity practice. An order which the court of ehanrery makes when the defendant does nut fiie an answer, that the plaintiff may kilre such a decree as the case made by his |-ill u"irriiuts.

CONFESSOR. An ecclesinstlc who re- -eivvs auricular confessions of sins from per- -ns under his spiritual charge, and pro- nniiiices ahsolntion upon them. The secrets or the confessional are not privileged com- miiiiiciitions at common law, but this has

been changed by statute in some states. See I Greeui. Ev. §§ 247, 243. CONFESSORIA ACTIO.}} Lat. In the

civil iiuv. An acflon for enforcing a servitude. lliackeld. Rom. Law, § 324.

Cnnfesiius in judicio pro judicato babetiir, st quodammoilo sua sententifi. damiintrir. 11 Coke, 30. A person confessing ht guilt when arraigned is deemed to have he-J found guilty, and is, as it were, condemned by his own sentence

CONFIDENCE. Trust: reliance: ground ol trust. In the construction of wills, this



word is considered peculiarly appropriate to create a trust. “It is as nppii _l:le no the subject of a trust, as nearly a synony m, as the English langiiage is capable of. Trust is a confidence which one man repases in another, and confidence is a trust." Appeal of Cortes, 2 Pa. 133.

CONFIDENTIAL. Intrnsted with the confidence of another or with his secret affairs or purposes; intended to be heid in confidence or kept secret.

—Confldentia1 commruiications. See CoarriU’i1cA'1‘roN.—Confia‘lentia.l creditor. This term has been applied to the creditors of a fu.iling debtor who furnished him with the means of obtniuing credit to which he was not entitled. involving in loss the unsuspecting and fuir-deaiing creditors. Gay v. Strickland, 112 .-\la. 567. 20 South. 921.—Confident:‘inl relation. A fiduciary reiation. These phmsrs are used as convertihie tenrn. It is a peculiar relation which exists between ciient and attorney, pricnipsl and agent, principai and surety, 'unilloril and tenant, parent and chiid, guardian and ward, ancestor and heir, husband rind wife, trustee and cestui quc trust. executors or administrators nnd creditors, legntocs, or distributees, appointi.-r and appointee under powers, and part- ners and part owners. In those and like cases, the law. in order to prevent undue advantage from the unlimited confidence or sense of duty which the relation natnraily creates, requires the utmost degree of good faith in all triinsactions hciueen the parties. Roi-ins v. rings. 57 Cal. '. l1

493; People v. Palmer. 1 2 N. X . -10 N E. 323: Scattprgood v. Kirk, 192 Pu. 2U3. -13 Atl. 1030 Brown v. Deposit Co.. 87 Md. 377, 40 A . 256.

CONFINEMENT. Confinement may he by either a moral or a phrsical restraint, by threats of violence with a present force, or by physical restiiiirit of the person. U. S. v. Thompson, 1 Sumn. 1'71, Fed. C-us. No.

16.-1')“ - Ex parte Snndgi-ass, 43 Tex. Cr. R. H 359. i S. W. 1061. CONFIRM. To compiete or establish that

which was imperfect or uncertain; to ratify what has been done without authority or insiifliciently. Bones v. Mining Co.. 14 Cal. 305: Railway Co. v. Ransom, 15 Tex. Civ. App. 689. 41 S. W. 826.

Cnnflrmare est id firmurn facets quad prins infi1'mum fuit. C0. Lift. 295. To confirm is to make firm that which was before infirm.

Confir-r:i; nemo potest [ix-ins quam jun ei acciderit. No one can confirm lie-

fore the right accrnes to him. 10 Cake, 48. K

Confirmnt usum qni tollit abulurn. He confirms the use [of a thing] who removes the abuse. [of it.) Moore, ‘T04.

CONFIRMATIO.}} The com s-yance of an estate, or the communication of a right that one hath in or unto lands or tenements, to another that bath the possession thereof, or some other estate therein, whore-b_v u ruin]- abie estate is made sure and unavoidiiliie. or

whereby a particular estate is increased or M