Page:Black's Law Dictionary (Second Edition).djvu/272

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CONTRALIGATIO

CONTRALIGATIO. In old English law. Counter-obligation. Literally, cou.utcr-hil1ding. Est enim abliyatw quasi contialigatio. Fleta, lib. 2, I3. 56, § 1.

CONTRAMANDATIO. A countermanding. Carma-mamlatio placiti, in old’ English law, was the rcsinitlug of a defendant, or giving him further time to answer, by conutEl‘l1]£ll1liiil‘,.', the day fixed for him to plead, and appointing a new day; a sort of impar- lance.

CONTRAMANDATUM. A lawful excuse, which a defendant in a suit by attorney aiieges for himseit to show that the plaintiff has no cause of complaint. Blount.

CONTRAPLACITUM. In old English law. A counter-piea. Townsh. Pi. 6].

CONTRAPOSITIO.}} In old English law. A plea or answer. Biount A counterpo- sition.

CONTRARIENTS. This word was used in the time of Edw. II. to signify those who were opposed to the government, but were neither rebels nor traitors. Jacob.

Cont:-a.x-iox-um cont:-na-in out ratio. Huh. 344. The reason or contrary things is contrary.

CONTRAROTULATOR. A coutroiler. One whose business it was to observe the money which the collectors had gathered for the use of the king or the people. Cowell. -—-Conlzrarotnlator pipa. A_u nflicer of the exchequer that nntsti: out summons mice every year, to the ~. rifts. to iuvy the rents and debts of the pipe. Iilount.

CONTRAT. In French law. Contracts are of the following varieties: (1) Bifatcrlzl. or s1/na,!lagm.at:que, where each party is bound to the other to do what is Just nod proper: or (2) unilateral, where the one side cuiy is bound; or (B) co9mn.ututi_f, where one does to ihe other sonmihing “mall is supposed to be an equixalent for What the other dues to him; or (-1) aléatoire, “here the cou- sideratlou for the act of the one is a mere chance: or (5) contrat do Ditznfaisance, where Lil“ one party proeurcs to the other a puleiy grm ultous benefit; or ((3) contra! 0. Hire oncituw, where each pally is l-nuud under some duty to the other. Brown.

CONTRATALLIA. in old English law. A ('ulluiel'-tally. A term used ‘Lu the ex- chequer. Mom. in Scacc. M. 26 Bdw. 1.

CONTRATENERE. to withhold “hishnw.

To hold against:

CONTRAVENING EQUITY. A right or equity. in another person, which is inconsistent with nud opposed to the equity sought to be enforced or lC'\.‘U;,'lil uL

264

CONTRI BUTION

CONTRAVENTION. In French law. An act Wi.)ICh violates the law, a treaty, or an agreement which the party has made. That infraction of the law punished by a fins which does not exceed fifteen francs and by no icnprisournent not exceeding three days Pen. Code, 1.

In Scotch law. The act of breaking through any restraint imposed by deed, by covenant, or by a court.

CONTEECTARE. Lat. In the civil. law. To handle; to take hold ot; to medilifl WiU.).

In old English law. To treat. 1- 9! male contrec-tat; or shall ill treat. Fleta, lib. 1, c. 17, 5 4.

CONTEECTATIO.}} In the civil und old English law. Touching; hnmliing: mcthliig The act of removing a thing from its place in such a manner that, it the thing be not restored, it will amount to theft.

Contrectntio 1-ei alienae, anlmo funndi. est fux-tum. Jeuk. Cent. 132. The touching or removing of another's property. with an intention of stealing. is theft.

CONTEEFACON. In French law. The ofieuse of printing or causing to be printed I book, the copyright or which is held by an- other, without authority from him. Merl. Report.

CONTRE-MAITRE. In French marine law. The chief officer of a vessel, who. in case of the sickness or absence of the muster. commanded in his place. Literaily, the counter-mnsler.

CONTRIBUTE. To supply a share or pruportic-nai part of money or property to- wards the prosecution of a common com’- plise or the discharge of a joint obligation. Park v. Missionary Soc, 62 Vt. 1!). 2.0 m. 107 ; Railroad Co. v. Creasy (Tex. Civ. App.) W S. W. 945.

CONTRIBUTION. In common law. The sharing of a ioss or payment among several. The act or any one or several or a number of co-debtors, co-snreties, etc.. in re- imbursing one of their number who has paid the whole debt or suffered the whole iin~l1- ity. each to the extent of his proportionats share. Cannsin Tp. v. Grand Lake Tp.. D Minn. 357, 83 N. W. 34$; Dysart v. Crow. ITO M0. 275, 70 S. W. (589; Aspiuwail V. Succht 57 N. Y. 336; Vandiver v. Poilnlr, ii Ala. 547, 19 South. 180; 5-! Am. St. Rep. 119.

In maritime law. Where the property or one at several parfies interested in a vessel and cargo has been voluntarily sacrificrd tor the common safety, (as by throwing go-uh overboard to lighten the vessel.) such ios.-.

must be made good by the contribution of the