Page:Black's Law Dictionary (Second Edition).djvu/264

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CONSUETUDO MANERII ET LOCI

Consuetndn manefli et loci obsex-vn.nd.n ext. 6 (Jake, 67. A custom of a manor and place is to be observed.

Cnnsuetudo neqne injurlfi or-lri neqne tnlli potent. Loilt. 340. Custom can nel- ther arise from nor be taken away by in- jury.

Consnetudo non trahitnr Ln conse- qnentimn. 3 Keb. 499. Custom is not drawn into consequence. 4 Jur. (N. S.) Ex. 139.

Consnetudo przescripta at legitii-ma vicnit legam. A prescrlpllye and lawful custom overcomes the law. Co. Lltt. 113; 4 Coke, 21.

Consnetndo regal Anglia: elt lex Angliie. Jeuk. Cent. 119. The custom of the kingdom of England is the law of England. See 2 Bl. Comm 422.

Conlnetndo semel reprobata nun potest amplins inrlnel. A custom once dis- allowed cannot be again brought forward. [or relied on.) Dav. 33.

Consnatudo tollit oomzinnnem legem. Co. Litt. 331). Custom takes away the com- mon law.

Cunsuetndn volentes dnelt, lex na1entel trahit. Custom leads the willing, law compels [drags] the unwilling. Jenk. Cent. 274.

CONSUL. In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The oilice was continued under the empire, but its powers and prerogatives were greatly reduced. The name is suppossil to have been derived from commlo, to consult, because these officers cou- sulted with the senate on adnilulsti-ative measures.

In old English law. an earl.

An ancient title of

In international law. An otilcer of a commercial character, appointed by the (lifferent suites to watch over the mercantile interests of the appointing stale and of its subjects in foreign coiinlrles. There are usually a number of consuls in every maritime country, and they are usually subject to it chlef consui, who is called a "consul general." Schunior v. Russell, 83 Tex. 83, 18 S. W. 484; Seidel v. Peschhaw, 27 N. J. Law, 427; Sartori v. Hamilton. 13 N. J. Law. 107; The Anne, 3 Wheat. 4-15, 4 L. Ed. 428.

The -word "consul" has two meanings: (1) it denotes an officer of a particular grade in the consular service; (2) it has a broader

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CONSUMMATE

generic sense, embracing all consular otilcers. Daincse v. U. 8.. 15 Cr. Cl. 64.

The official designations employed throughout this title shall be deemed to have the foiioui meanings, respectively: First. “Consul general. "consul." and "commercial agent" shall be bined to denote full. principal, and permanent mu- sular ollicers, as distinguished from suboriiiiiuu and substitutes. Second. "Deputy-consul" and "consular agent" shall be deemed to denote cunsular omcers subordinate to such priiidpiiis, ox- ercising the powers and performing the duds within the limits of their consulates or cornmerciai agencies respectively, the former at me same parts or places and the latter at puris ui places different from those at which such iticnipiils are located respectively. Tliird. "Vicn. consul ' and "vice-commercial agents" shall be deemed to denote consular othcers who shall be substituted, temporarily, to fill the places at consuls gencral, consuls, or commercial agents, when they shall be temporarily absent or :1 iievcil from duty. Fourth. "Consular nth:-hf‘ shail be deemed to include consuls general, cu.- suis, commercial agents, deputy-consuls. vicnonsuis, vice-commercial agents, and consular agents, and none others. Fifth. “Dipiouiauu officcr" shall be deemed to lnclude amhassuluu envoys extraordinziry, ministers pieuipotentisq, ministers resident, commissioners, charges d'iiffaires, agents, and secretaries of leganon, and none others. Rev. St. S. I 1674 (U. 8. Camp. St. 1901, p. 1150.)

CONSULAR COURTS. Courts hold by the consuls of one country, within the territory of another, under authority given by treaty, for the settlement of civil cases be. tween citizens of the country -which the cou- sui represents. In some instances they haw also a criminal jurisdiction, but in this respect are subject to review by the courts uf the home government Ste Rev. St. U. S. 5 was (U. s. Comp. St. 1901, p. 2705.)

CONSULTA ECCLESIA. In ecclesiastical law. A church tall or provided for. Cowell.

CONSULTARY RESPONSE. The opin- ion ol‘ a court of law on in special case.

CONSULTATION. A Writ whereby I cause which has been wrongfully removed by prohibition out of an ecclesiastical court to a temporal court ls returned to the ecclesiastical conrt. Phililm. Ecc. Law, l439.

A conference between the counsel engaged in a case. to discuss its questions or arrange the method of conducting it.

In French law. The opinion of counsel upon a point of law submitted to them.

CONSULTO. slgnedly; intentionally.

Int. In the civil law. Dig. 28, -11.

CONSUMMATE. Completed: as distin- guished from initiate, or that which is mere- ly begun. The husband of a woman seised of an estate of lnherltance becomes, by the birth of a child. tenant by the curtesy inmate, and may do many acts to charge the lands, but his estate is not C07l8WIrlmlllE tin the death of the wife. 2 Bl. Comm. 126, 126 C0. Lltt. 3042.

De-