Page:Black's Law Dictionary (Second Edition).djvu/253

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CONFLICT OF LAWS

ent laws of the same state or sovereignty upon the some subject-matter.

2.A similar inconsistency between the municipal laws of dihferent states or countrim, arising in the case of persons who have ncquired rights or a status, or made contracts, or incurred obligations, Within the territory of two or more states.

3. That branch of jurisprudence, arising from the diversity of the laws of different nations in their application to rights and remedies, which reconciles the inconsistency, or decides which law or system is to govern in the particular case, or settles the degree of force to be accorded to the law of a foreign country, (the acts or rights in question having arisen under it.) either where it varies from the domestic law, or where the domestic law is silent or not exclusively appiiculrle to the case in point. In this sense it is more properly called “private international law."

CONFLICT OF PRESUMPTIONS. In this confiict certuin ruics nre applicable, v1z.: (1) Special take precedence of general presumptions; (2) constant or casual ones; (3) presume in favor of innocence; (4) of legality; (5) of validity; and, when these rules fail, the matter is said to be at large. Brown.

CONFORMITY. In English ecclesiasticni law. Adherence to the doctrines and usnres of the Church of England

—Cnni'o-i-unity, hill of. See Btu, or Corv- l'uimI’i‘)’.

CONFRAIRIE. Fr. In old English law. A trateriiity, brotherhood, or society. Cowell.

CONFEERES. Brethren in a religious house; fellows or one and the same society. Cowell.

CONPRONTATION. In criminal law. the act of setting a witness face to face with the prisoner, in order that the latter may mike any objection he has to the witness, or that the witness may identify the accused ‘suite v. Behrman, 114 ‘V. C. 797, 19 S. E. 50, 25 L R. A. 4-49: Howser v. Com., 51 i‘h. 332; State v. Miinuion. 19 Utah, 505, 5'.‘ Fat‘ 542. 45 L. R. A. 038, 75 Am. St. Iicp 753; People v. Idliiott, 172 N. Y. 148, [H N. E. 837, 60 L. R. A. 313.

C/DIIFUSIO. In the clvli law. The insepurnlllc intcrmixture or property beionging to dilierent nimers: it is properiy confined to the pouring together of fluids, but is sometimes also used of a melting together of met- Hs or any compound formed by the irrecov- ciulle (.‘OlJJlYiiYi:|.ll'E of different substances.

It is distinguished from cominimtian by the but that in the Litter case a separation may imiie. ivhiie in a case of con)‘-uslo there "‘|lll.\Ut he. 2 Bl. Comm. 405.

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245

CONGREGATION

CONFUSION. This term, as used in the civil law and in compound terms derived from that source, means a blending or intermingling, and is equivalent to the term “mcrger" as used at common law. Palmer v. Burnside, 1 Woods, 182, Fed. Cris. No. 10,685.

—Con£nsion of boundaries. The titie of that branch of ‘equity jurisdiction which reintes to the discovery and settlement of conflicting. disputed, or uncertain boundaries.—Confnsioxi of debts. A mode of extinguishing a debt, by the concurrence in the same person of two Qualities which mutunlly destroy one another. this may occur in severai ways, as where the cred- itor becomes the heir of the debtor, or the debt- or the heir of the creditor, or either accedes to the titie of the other by any other mode of transfer. Vifoods v. Ridicy, 11 Ilurnph. (Tenn.) 19S.—Con£n.aion of goods. The inseparable intermixture of property beionging to diiferent owners; properly confined to the pouring together of fluids, ivnt used in a wider sense to designate any indistinguishnbie compound of eiements belonging to different owners. The term “confusion" is appiicabie to a mixing of chnttcis of one and the same general description, differing thus from “nccession." which is where various materiais are united in one prod- uct. Confusion of goods arises wherever the goods of two or more persons are so bicnded us to have become uudistinguiahable. ' Pars. Prop. 41. Treat v Barber, 7 Conn. 230: Robinson v. Holt, 39 N. H. 563. 75 Am. Dec. 2 , Belcher v. Commission C0,. 26 Tex. Civ. App. 60, 62 S. W. 92-1.—(Jon1nsion of rights. A union of the qualities of debtor and creditor in the some person. The effect of such a union is. generaily. to extinguish the debt. 1 Snili. 306; Cro. Cur. 551.—Con.fnslon of titles. A civil-law expression. synonymous with “merger," as used in the common liiw, appiying where two titles to the same property unite in the same

erson. Palmer v. Burnside, 1 Woods. 179, Fed.

as. No. 10.685.

count. Fr. In the French law. Permission, leave. license; a passport or clear- ance to a vessel: a permission to arm, equip, or navigate u vcssel. —Congé d'nccnr-rlsr. Leave to accord. A permission granted by the court. in the aid process of levying a flnc, to the defendant to agree with the plaintiff.—C-zngé d'empnr-leg. Leave to imparl. The priviiege of an in: ariauce. (licentin laquendi.) 3 Bl. Comm. J9.--Congé (1’esIiro. A permission or license from the British sovereign to a. dean and chapter to eiect a bishop. in time of vacation; or to an nbliey or priory which is of royal foundation. to eiect an abbot or prior.

CONGEABLE. L. Fr. Lawful; permissible: aiiowuhie. "Disseisln is propcriy where a man entereth into any lands or tenements where his entry is not congcablo, and putteth out him that bath the freehold." Litt. § 279. See Ricard v. Willl.inis, 7 Wheat. I07, 5 L. Ed. 398.

CONGILDONES. In Saxon law. low-members of a guild.

Fei- CONGIUS. An ancient measure contaming about a gallon and a pint. Cowell.

CONGREGATION. An assembly or so-

ciety of persons who together constitute the M