Page:Black's Law Dictionary (Second Edition).djvu/256

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


noting a similar application of the standards of morality to the acts of others. In law, especially the moral ruie niiicb requires probity, justice, and honest dealim between man and man, as when we say that a bargain is “a1:.iiiist conscience" or "unconscionabie," or that the price paid for property at

1 forced sale was so inadequate as to “shock

the conscience." This is also the meaning of the term as applied to the jurisdiction and principles of decision of courts or chacnery, as in saying that such a court is a “court of coiiscie WU," that it proceeds "according to conscience," or that it has cogni7:1n('e of “matters of conscience." See 3 Bl. (‘omm. 47-56: People v. Stewart, 7 Cal. 14 - Miiier v. Miller, 187 Pa. 572. 41 Ati. 27 .

—Conscientii.-ms scrapie. A conscientious isu-upie against taking on oath. serving as n juior in a capital case, doing miiimry duty, or [be like. is an objection or repugnance growing out of the fact that the person beiievea the thing demanded of him to be morally wronz. his conscience being the soie guide to his decision: it_is thus distinguisiicd from an “objection on pricnipie," which is dictated by the reason and judgment, rather than the moral sense, and may re- iate only to the propiiety or expediency of the thing in question. i'enpie v. btewart. Cal. l43.—“Conlclence of the court.” _ When an issue is sent out of cbancery to be tried at law, to “inform the conscience of the court," the meaning is that the court is to be suppiied with exact and dipendahie information as to the unsetiicd or disputed questions of fact in the case. in order that it may proceed to decide it in accordance with the principles of eq- uity and good conscience in the light of the facts thus dctcnnined. See V\'att v. Slarke, 101 U. S 252. % L. Ed. 8‘26.—Conneience, courts of. Courts, not of record. constituted by not of parliament in the city of London, and other towns, for the recovery of small debts; other- wise and more commoniy ealie_d “Courts of Re- quests.” 3 Stepb. Comm. 4:i1.—Gonscience, right of. As used in some constitutional pro- visions, this phrase is equivalent to religious iiberty or freedom of conscience. l.i.i. x, Lesb-

er. 17 Serg. & R. (Pa) 155: State v. Cummings, 36 i\io. 263. Conseientia, a can et seio, quasi

mire emu Den. 1 Coke. 100. Conscience is called from con and sclo, to know, as it were, \\ itii God.

CONSCIENTIA R]-II ALIENI. In Scotch law Knowiedge of anothefs property; knowledge that a thing is not one's own, but belongs to another. He who has this knowledge, and retains possession, is charge- able with “violent profits."

CONSCRIPTION. Drafting into the military service of the state;

243 CONSENSUS TOLLIT ERROREM Conseeratio est pea-iodus electio est prssambula consecrationh. 2 Roile. 102. Conseu-atxon is the teimiuaticn of election; election is the preamble of consecration.


CONSEDO. Sp. A term used in con- veyances under Mexican law. equivalent to the Eiigiish word "grant." Muiford v. Le Fran:-_ 26 Cai. 103.

CONSEIL DE FAMILLE. In French law. A family council. Certain acts require the sanction of this body. For exainpie, a guardian can neither accept nor reject an inheritance to which the minor has succeeded without its authority, (Code Nap. 461;) out can he accept for the cbiid a gift inter anon without the like authority, (Id. 403.)

CONS]-IIL JUDICIAIRE. In French law. When a person has been subjected to an interdiction on the ground of his insane extravagance, but the interdiction is not lili- solute, but limited only, the court of flrai instance, which grants the interdiction, appoints a Council, called by this name, with whose assistance the party may bring or dotend actions, or compromise the same, alienate his estate. make or incur loans, and the like. Brown.

CONSEIILS DE PRUDHOIVLIVLES. In French law. A species of trade I:i-ibumiis. charged with settiing differences between masters and workmen. They endeavor, in the first instance, to concillate the parties. In default, they adjudicate upon the questions in dispute. Their decisions are liniii up to 200)‘. Beyond that amount, appeals lie to the tribunals of commerce. Arg. Er. Mere. Law, 553.

CONSENSUAL CONTRACT. A term derived i'rom the civil law, denoting a contract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to fix the obligation.

Consensus est voluntaa plnrium ad quos res pertinet, nimril junctu. Loiit, 514. Consent is the conjoint win of several persons to whom the thing belongs.

Consenann facit legem. Consent makes the law (A contract is law between the parties agreeing to be bound by it.) Branch. Princ.

service faiiing upon all male snhjects eien- iy, within or under certain specified ages. Kneedler v. Lane, 45 Pa. 267.

CONSECRATE. In ecclesiastiuii law. To dedicate to sacred pl.ii'pOS¢.‘S, as a bishop by imposition of bands, or a church or churchyard by prayers, etc. Consccrationis performed by a bishop tr archbishop.

\. --_y I‘ non tacit nuptias val mittri him, at uunsentire min possnnt ante annos nnhiles. 6 Coke, 22.

Consent, and not cohabitation, constitutes nuptials or marriage, and persons cannot

consent -before inarriagenble years. 1 Bi. Comm. 434. Consensus toilit er-rox-em. Co. Litt 125.

Consent (acquiescence) removes mistake.