Page:Black's Law Dictionary (Second Edition).djvu/260

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CONSOLIDATION 252 CONSTABLE


road Co.. 118 Mich. 314, 76 N. W. 635. 53 L. R. A. 274', People v. Coke Co.. 205 iii. 82, 68 N. E. 950, 98 Am. SL Rep. 24-1: Buford v. Packet 02., 3 Mo. App. 171.—Conaolidation rule. In practice A mic or order of court requiring a plnintid who has instituted separate suits upon severai claims against the same defendant. to consolidate them in one action, where that can he done consistently with the rules of piesding.

CONSOLS. An abbreviation of the expression “consolidated annuities," and used in modern times as a name of Various funds united in one for the payment of the British national debt. Also, a name given to certain issues of bonds of the state of Smith Carolina. Whaiey v. Gaillarrl. 21 S. 0. 668.

Conan:-tin nnlornm ma quoqne mm- lnm tacit. Moore, 817. The company of wicked men makes me also wicked.

CONSORTIUH. In the ciVll law. A union of fortunes; a lawful Roman marriage. Also, the joining of several persons as parties to one action. In old English law, the term signified company or society. In the ianguage of pleading, (as in the phrase per quad consortium amlsil) it means the companionship or society of a wife. Bigaouette v. Paulet, 134 Mass. 123. 45 Am. Rep. 307 ; Lockwood v. Lockwood, 67 Minn. 476, 10 N. W. 784: Kelley v. Railroad Co._ 168 Mass. 308, 46 N. E. 1063, 38 L. R. A. 631, 60 Am. St. Rep. 397.

CONSORTSHIP. In maritime law. An agreement or stipuiatiun between the owners of different vessels tiiat they shall keep in company. mutually aid, instead of interfering with each other, in wrecking and salvage, and share any money awarded as salvage, whether earned by one vessel or both. Andrews v. Wall, 3 How. 571, 11 L. Ed. 729.

CONSPIRACY. In criminal law. A combination or confederacy between two or more persons formed for the pm-pose of cominitting, by their joint efforts, some unlaw- ful or criminal act, or some act which is innocent in itself, but becomes unlawful when done by the concerted action of the conspirators, or for the purpose of nelng criminal or unlawful means to the commission of an act not in itself unlawful. Pettibone v. U. S., 148 U. S. 197, 18 Sup. Ct. 542, 37 L. Ed 419; Stite v. Siutz, 106 La. 182. 30 South. 298; Wright v. U S.. 108 Fed. 805, 48 C. C. A. 37: U. S. v. Benson, 70 Fed. 591, 17 C. C. A. 29. , Girdner v. Walker, 1 Heisk. (Tenn.) 188; Boutwell v. Marr, 71 VL 1, 42 Ati. 607. 43 L R. A. 303, 76 Am. St. Rep. 746; U. S. v. Weber (C. C.) 114 Fed. 950: Oomin. v. Hunt, 4 Meta. (Mass) 111, 38 Am. Dec 346; Erdmnn V. Mitchell, 207 Pa. 70. 56 Ati. 327, 63 L. R. A. 534, Am. St. Rep. 783; Standard Oil Co. v. Doyle, 118 Ky. 662. 32 S. W. 271, 111 Am. St. Rep. 331.

Conspiracy is a consultation or aizreement between two or more persons, either falsely to accuse another of a crime punishable by law: or wrongfully to injure or pieju ce ii. third 1:»:- son, or any body of men, in any DJJDDE , or to commit any oifense punishable by isw; or to do any act with intent to prevent the course of justice; or to effect i1 legal purpose with ii corrupt intent, or by improper means. I-iaviii P. 0. c. 72, § 2; Arclib. Grim. Pi. 300, adding siso combinations by journeymen to raise wages. State v. Murphy, 6 Ala. 765, 41 Am. Dec. 79.

Civil Ind criminal. The term "cl " ll used to designate a conspiracy which will furnish ground for a civil action, as when. in carrying out the design of the conspirators. overt acts are done causing legal damage, the person injured has a right of action. It is said that the gist of civil conspiracy is the injury or damage. hiie criminal conspiracy does not require such overt acts. yet, so far us the rights and remedies are concerned, nii criminal conspiracies are embraced within the civil conapiiw cies. Brown v. Pharmacy (‘o., 115 Gii. 4'29. 41 S. E. 553, 57 L. R. A. 517, 90 Am. St. Rep. 1%

An ancient wrlt Reg. Orig.

OONSPIILATIONE. that lay against conspirators. 134: Fitzh. Nat. Brev. 114.

CONSPFRATORS. conspiracy.

Those who find themselves by oath, covenant, or other alliance that each of them shall aid the other falsely and maliciously to indict persons; or falsely to move and maintain pleas, etc. 33 Edw. I. St. 2. Besides these, there are conspirators in treasonous purposes: as for plotting against the government Wharton.

CONSTABLE. In medieval law. The name given to a very high functioriary under the French and English kings, the dignity and importance of whose office was only second to that of the monarch. He was in general the leader of the royal armies, and bad cognizance of all matters pertaining to war and arms, exercising both civil and military jurisdiction. He was also charged with the conservation of the peace of the nation. Thus there was a "Constable of France" and a “Lord High Constable of England."

In English law. A public clvll officer, whose proper and general duty is to keep the peace within his district, though he is frequently charged with additional duties. 1 BL Comm. 356.

High constables, in England, are officers appointed in every hundred or franchise, whose proper duty seems to be to keep the kings peace within their respective hundreds. 1 Bl. Comm. 356; 3 Staph. Comm. 47.

Petty omistablcs are inferior officers in every town and parish, subordinate to the high constable of the hundred, whose principal duty is the preservation of the peace. though they also have other particular duties assigned to them by act of pariiiiment, particuiariy the service of the summonses and the execution of the warrants of justices of the eare. 1 BL Comm. 356; 3 Staph. Comm. 4 . 48.

Special constables are persons appointed [with or without their consent) by the magistrates to execute wariaiits on particiilar occasions, as in the case of riots, etc.

In American law. An officer of a municipal corporation (usually elected) whose

Persons guilty of s