Page:Black's Law Dictionary (Second Edition).djvu/261

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CONSTABLE

duties are similar to those of the sheriff. though his powers are less and his jurisdic- uun smaller. He is to preserve the pub- lic peace. execute the process of magistrates‘ OJIZIS, and of some other tribunals. serve irrus, attend the sessions of the criminal min-ts, haie the custody of juries, and dis- mirge other functions sometimes assigned [0 him by the local law or by statute. Comm. \. Deacon, 8 Serg. & R. (Pa.) 47; Leavitt v Lenvitt, 135 Mass. 191; Allor v. Wayne Count)’. 4:3 Mich. 76. 4 N. W. 492.

—Constali1e of a. castle. in English law. An ullirrr having charge of a castle; a warden, or keeper; otherwise called a "ciisielloin."— Constable of England. (Called, also. “Mar- |ailIli') His office consisted in the care of the amnion peace of the realm in deeds of arms and matters of war. Lamb. Const. 4.—Constable of Scotland. An officcr ViilD_\‘v'ES formerly entitled to command all the kings annie_s in ihe absence of the king, and to tnkc cogni- 71 e of all crimes committed within four 'iiiI_ieS 1-ilthe king's person or of parliament, the privy rwincil, or any general convention of the states in’ -he kingdom. The oilice was hereditary in [in family of Errol, and was abolished by Lhe 20 Geo. iii. c. 43. Bell: inst. 1, 3. 37. -Constable of the exclieqner. .-‘in officer mentioned in Fieta, lib. 2, c. 31-High con- Itnbie of England, lord. His uflice has been ilisused (except only upon great and solemn oc- nums, as the coronation, or the like) since the mminder of Staiford. Duke of Buckingham, in the reign of Henry Vll.

CONSTABLEWICK. In English law. The territorial jurisdiction of a constable; as balliwlck is of a hailiir or sheriir. 5 Nev. & ill. 261.

CONSTABUIAEIUS. An officcr of horse; an officer having charge of foot or horse; a naval commander; an officer having charge of military aifalrs generally. Spelmnn.

GONSTAT. it is clear or evident; it appears; it is certain: there is no doubt. Non nmstat, it does not appear.

A certificate which the clerk of the pipe and auditors of the exchequcr made, at the request of any person who intended to plead or move in that court, for the discharge of anything. The etfect of it was the certifying what appears (constat) upon record. touching the matter in question. Wharton.

CONSTAT D'EUISSI1-IR. In F‘1‘enCiI i'lW. An aflidavit made by a Imissier, set- rlng forth the appearance, form, quality, color, etc, of any article upon which a suit depends. Arg. l3‘r. Merc. Law, 554.

CONSTATE. _To estahlish, constitute, or ordain. “Constating instruments" of a corporation are its chartsr, organic law, or the grant of powers to it. See examples of the use of the term, Green's Brice, Ultra Vires, p. 39; Ackermau v. Halsey, 37 N. .1. Eq. 363.

CONSTITUENT. A word used as a correlative to “attoruey," to denote one who

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CONSTITUTIONAL

constitutes another his agent or invests the other with authority to act for him.

It is also used in the language of politics, as a correlative to "rspreseut:itive," the cou- stltuents of a legislator being those Whom he represents and whose interests he is to care for in public atfairs; usually the electors of his district.

CONSTITUERE. lat. To appoint, cou- stitute, estabhsh, ordain, or undertake. Used principally in ancient powers of attorney. and now supplanted by the English word "constitute."

CONSTITUIMUS. A Latin term, signi- fying -we constitute or appoint.

CONSTITITTED AUTHORITIES. Officers properly appointed under the constitution for the government of the people.

GONSTITUTIO.}} In the civil law. Au imperial ordinance or constitution. distin- guished from Lem, Sonatas-Oonsultum, and other kinds of law and having its eifect ilrom the sole will of the emperor.

An establishment or settlement. Used or controversies settled by the poi ties without a trial. Calvin.

A sum paid according to agreement. Du Cange.

In old English law. Au ordinance or statute. A provision of a statute.

CONSTITUTIO IDOTIS. Establishment of dower. GONS'1'IT'UTION. Inpnlillc law. The

organic and fundamental law of a nation or state, which may he written or unwritten. establishing the character and conception of its government. laying the haslc principles to which its internal life is to be conformed. organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign powers.

in a more general sense, any fundamental or important law or edict: as the Novel Constitutions of Justinian; the Constitutions of Clarendon.

In American law. The written instru- ment agreed upon by the people of the Un- ion or of a particular state, as the absolute rule of action and decision for all depart- ments and oihcers of the government in respect to all the points covered by it, which must control until it shall he changed by the authority which established it, and iii oppo- sition to which any act or ordinance of any such department or officer is null and void. Cooley, Const. Lim. 3.

CONSTITUTIONAL. Consistent With the constitution; authorized by the constitution; not confllcizlng with any provision of

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