Page:Black's Law Dictionary (Second Edition).djvu/273

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others, which is termed “general average." 3 Kent. Comm. 232-244: 1 Story. Eq. Jur. 5 490,

In the civil law. A partition by which the Cl‘€ll.iiZOl‘S of nu insoixent debtor divide nmmg themselves the proceeds of his prop- crly pmpoitionably to the tunou t of their respective credits. Code La, arL ‘7. no. 10.

tfvnlributian is the division which is made uluug the heirs of the sutcessmn of the debts niih which the succession is Charged, according to the proportion which each is bound to hear. Oiv. Code La. art. 1420.

CONTRIBUTIONE FACIENDA. In old English law. A writ that lay wheie ten- ill] in common were bound to do some act, and one of them was put to the whole burmen. to compel the rest to make contribution. Reg. Orig. I75: Fitzh. Nat. Brev. 162.

CONTRIBUTORY, 11.. A person liable to contribute to the assets of a company which is l-lug wound up, as being a member or (in some cases) a past member thereot. Mozley & Whitley.

CONTRIBUTORY, a-(Ii. Joining in the promotion or a given purpose; lending assistance to the production of a given result.

is to contributory "Infringement" and "Xegligence," see these titles.


A comptroller, which

CONTROLMENT. In old English law. 'Ihe controiiing or checking of another oth- ccr's account; the keeping of a counter-roii.

CONTROVER. In old English law. An lnmnter or deviser of false news. 2 Inst. 27.

CONTROVERSY. A litigated question; adversary proceeding in a court of law: a civil action or suit, either at law or in equity. ilari-er v. Kennedy. 18 Minn. 216 (Gil. 196); State v. Gulnotte. 156 M0. 513, 57 S. W. 281, 50 L. R A. 787.

it thifcrs from “case." which includes all suits, rr,_minni as weii as civil: whereas “contro\ersv is a civil and not a criminal procecriing. Cialchnlni v. Georgia. 2 Daii. 419. 431. 432. 1 L DI. 440.

CONTROVZERT. To dispute; to deny; to cwose or contest; to taiie issue on. Buggy Po. v. Putt, 73 Iona. 455. 35 l\‘. W. 587; sunsiwn v. Kieinschmidt, 10 Mont. 473, 26 I’.n:. 198.

CONTUBERNIUM. In Roman law. The marriage at slaves; a permitted cohab- ltntion


In English Bxcommnnication in aii cases of con-



tempt in the spiritual courts is d.lsconti.uued by 53 Geo. III. c. 127. 5 2, and in lieu there- of, where a iawtnl citation or sentence has not been obeyed, the judge shall have pow- er, after a certain period, to pronounce such person contninmious and in contempt, and to signify the same to the court of chum-ery, whereupon a writ dc oanhu-mace oapu-mio shail issue from that court, which shall have the same force and effect as formerly belong- ed, in case of contempt, to a writ dc excom- muaii-Iatu capiendo (2 6: 3 Wm IV. c. 93; 3 6: 4 Vict. c. 93.) Wharton.

CONTUMACY. The refusal or intention-1i omission of a person who has been duly cited before a court to appear and defend the charge laid against him. or. it he is duly before the court, to obey some lawful order or direction made in the cause. In the former case it is called “presumcd" contu- IJIHLY; in the latter, “actual.” The term is chiefly used in ecclesiastical law. See 3 Curt. Eco. 1.

CONTUMAX. One accused of a crime who refuses to appear and answer to the charge. An outlaw.

CONTUSION. in medical jurisprudence. A bruise; an injury to any external part of the body by the impact of a fail or the blow of a blunt instrument, without L-aceratxon or the flesh, and either with or without a tearing of the skin, but in the former case it is more properly called a "contused wound."

CONTUTOR. Lat In A co—tui.or, or co-guardian.

the civil law. Inst. 1. 24, 1.

CONUSANCE. In English law. niznnce or jurisdiction. Termes de la Ley.

Cog- Conusance of pleas. —Connsence, claim of. See Cooruzanca.

C 0 N U S A N '1‘. Cognizant: acquainted With; hnving actual knowledge: as, if a party knowing of an agreement in which he has an interest makes no objection to it, he is said to be conusant. Co. Litt. I57.

CONUSEE. See Coemzan.

CONUSOR. See Cooruzon. CONVENABLE. Suitable; agreeable;

Litt. § 103.

In old English law. convenient; fitting.

CONVENE. an action.

In the civil law. To bring

CONVENIENT. Proper; just; suitable. Finlny v. Dickerson, 29 Ill. 20; Railway Co. 17. Smith. 173 U. S. 684. 19 Sup. Ct. 565, 43 L. Ed. 858.