Page:Black's Law Dictionary (Second Edition).djvu/266

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CONTEMPT OF CONGRESS

for his indemnity. But criminal conteinpts are offenses or injiiiies oilered to the court, and a line or imprisonment is imposed upon the conternnor for the purpose of punishment. Wyatt v People. 17 Colo. 27.2, 28 Pac. 9Gl; People v. ii( ' 78 Hun, 154, 28 N. X. Supp. BS1; B hreiber v. Mfg. Co., 18 App. Div. 158. -15 i\'. Y. Supp. 442; Eaton Rapids v. Horner. 126 l\'Iicb. I22. 85 N. W. 26-1; In re Ncvitt, 117 Fed. -148, 5-1 C. O. A. F State v. Shepherd. 177 l\lo. 205, 70 S. W. 79, 99 Am. St. Rep. 624.

CONTEMPT OF CONGRESS, LEGISLATURE, or PARLIAMENT. Whatever oivstrvcts or tcniis to obstruct the due course of proceeding or either house, or grossly reffects on the charact(-.i- of a member of either house, or imputes to him what it would he a libel to impute to an ordinary person, is a contempt of the house, and thereby ii

breach of privilege. Sweet. CONTEMPTIBILITER. Lat. Conteniptnously. In old English law. Contempt, con-

tenipts. Fleta, lib. 2, c. 60. 5 35.

CONTENTIOUS. Contested; adversary; litigated between adverse or contending parties; a judicial proceeding not merely ea; parte in its character, but comprising attack and defense as between opposing parties, is so called Tile litigious proceedings l.i.i ecclesi- astical courts are sometimes said to belong to its “contentions" juiisdiction. in Cont.radistlnction to what is called its “voluntary" ju- risdiction. uhicli is exercised in the granting of licenses, prohates of wills, dispensations, faculties etc. —C tentianii jurisdiction. In English eccle tical law. That branch of the jurisdiction of the ecclesiastical courts which is exer- cised upon adversary or coiiterttioua proceedings —Contentions possession. in stating the rule that the possession of land necessary to give rise to a title by prescription must be a "contentious" one, it is meant that it must he based on opposition to the title of the rival claimant (not in recognition thereof or subordi- nation thereto) and that the opposition must be based on good grounds, or such as might be made the subject of litigation. Railroad Co. v. McFarian, 43 N. J. Law, 621.

CONTENTMENT, CDNTENEMENT. A man's countenance or credit, which he has together with, and by reason of, his freehold; or that which is iieci-ssary for the support iiud inaiiitcnnnce of men, agreeably to their several qualities or states of lixe. Wharton; (‘owell.

CONTENTS. The contents of a promissory note or other commercial lnstruinent or those in action means the specific sum nam- ed therein and pa_Valile by the terms of the instrument. Trading Co. v. Morrison. 178 U. S. 262, 20 Sup. Ct. 869, 44 L. Ed. 1661; Sets v. Pitot, 6 G1-anch. 335. 3 L. Ed. 240; Sinions v. Paper ‘Co. (0. C.) 33 Fed. 195; Barney v. Bank. 2 Fed. Cas. S94: Corbin r. Black Hawk County, 105 U. S. 659, M L. Eli. 1136. —Contenta nnd not contents.

in parlia- mcn tziry i.iw.

The "contents" are those who,

258

CONTIN ENCIA

in the house of lords. express assent to a bill: the “not" or “non contents" dissent. May. Pa.rL Law, cc. 12, 357.—“Cnntents unknown." W ords_ sometimes annexed to a hill of ioding oi goods in cases. Their meaning is that the innter only means to acknowledge the shipment. in good order, of the cases, as to their external condition. Clark v. Barnwell. 12 How. 273, 13 L. Ed. 9S5; Miller v. Railroad Co.. 90 N. Y. 433. 43 Am. Rep. 179; The Columbia, 0 Fed. Gas. 178.

CONTERMINDUS. Adjacent; adjoining; having a common boundary; cotcrml- nous.

CONTEST. To make defense to an ad- verse clalin in a court of law; to oppose, 1'9- sist, or dispute the case made by a plalntlfi. Pratt v. Breckiiiridge, 112 Ky. 1, 65 S. W 136; Parks v. State, 100 Ala. 634, 13 South. 756.

—Contesta.tion of unit. In an ecclesiastical cause, that stage of the suit which is reached when the defendant has answered the libel by giving in an aiie-gation.—Contester1 election. This phrase has no technical or ierzally defined meaning. An election may he said to be contested whenever an objection is formally urged ngninst it which, if found to be tnie in fact, would invalidate it. This is tnie both as to ob- jections founded upon some constitutional pro- vision and to such as are based on stiitntts Robertson v. State, 109 Ind. 116. 10 N. E. 600.

CONTESTATIO LITIS. In Roman law. Contest-ation of suit: the framing an issue; joinder in issue. The formal net of both the parties with which the proceedings in jurc were closed when they led to a iii- dicial investigation, and by \\i1iCi:i the neigh- bors whom the partles brought with them were called to testify. Macketd. Rom Law, 5 219.

In old English law. Coming to an issue; the issue so produced. Crabb. Eng. Law, 216.

Contestatia litis nget terminus contra- dictai-ios. An issue requires terms of con- l;l"ldi(.tiDl.l. Jenh. Cent. 117. To constltuteim issue, there must be an afliirmntive on one side and a negative on the other.

CONTEXT. The context of a particular sentence or clause in a statute, contract, will, etc.. comprises those parts of the text which immediately precede and follow it. The context may sometimes be scrutinized, to aid in the interpretation of an obscure passage.

CONTIGUOUS. In close proxlnilty; in actual close contact. Touching; hounded or traversed by. The term is not synonyuious With “vicl.ual." Plaster Co. v. Campbell, 80 Va. 39!}, 16 S. 14.‘. 274; Bank v. Hopkins. 4'! Kan. .‘iS0, 28 Pac. 606, 27 Am. St. Rep. 309: Raxedaie v. Scip. 32 La. Ann. 435; Arhell v. Insurance C0,, (59 N. Y. 191, 25 Am. Rep. 168.

CONTINENGIA. In Spanish law. Contincncy or unity of the pi'<i(-endings in I

cause. White, New Recap. b. 3, tit G, c. L