Page:Black's Law Dictionary (Second Edition).djvu/276

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CONVEYANCE

right or property in a thing is transferred, free of any coiulirion or qualification, by which it might be defeated or chanced: as an ordinary deed of lands. in contradistinction to a mort- gage, which is a condilioiiai conveyance. Burn‘Il: Falconer v. Buffalo. etc., R. Co., 69 1\'. Y.

1.—Mesne conveyance. An intermediate conveyance: one occupying an intermediate po- sition in I! chain of riiic between, the first gran- TCE and the present holder.—P1-imsry convey-p nnces. -on by means whereof the benefit or estate is created or first arises; as distinzuished from those whereby it may be eniarged, restrained, transferred, or extinguished. The term includes fcnfiment. gift. grant lease. ex- change, and parlirion, and is opposed to derivative conveyances, such as reiease. surrender, confirmation. etc. 2 Bl. Comm. 309.—Seeondiary conveyances. The name given to that rims of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, aiter, restrain, restore, or transfer the interest "ranted by such original con- veyance 2 Bl. Eomm 3'.‘-1. Othen so term- cd “derivative conveyances." (q. u.)—\To1untax-y conveyance. A conveyance without vaiuabie consideration; such as a deed or settinment in fznnr of a wife or (rhiiilren Sec Gentry v. Fieid. 143 M0. 399. 45 S. W. 2 ' Trumbull v. Hewitt, 6'2 Conn. 451. 26 Ali. ...>O; Martin 7. Vi-'liite. 115 Ga. 866, 42 S. E. 279.

As to fraudulent conveyances, ee Funn- unsx-r.

CONVEYANCER. One whose business it is to draw deeris. bonds. mortgages, wills, writs, or other legal papers, or to examine titles to real estate 14 St, at Large. 118.

He who draws conveyances; especially a barrister who confines himself to drawing conveyances, and other chamber practice. Mozley 6: Whitley.

CONVEYANCING. A term including both the science and act or transferring titles to real estate from one man to another.

Conveyancing is that part of the iawyer’s business which relates to the aiienation and transmission of property and other rights from one person to another, and to the framing of legal documents intended to create. define. transfer, or extin,r:uish rights. It therefore includes the investigation of the title to innd, and the preparation of agreements, niils, nrticies of association, private statutes operating as co - veyances, and many other instruments in add iion to conveyances properiy so calied. Sweet. [Evermore v. Bagiey, 3 Mass. 505.

CONVHYANCING COUNSEL TO THE COURT OF CHANG]-IRY. Certain counsel, not less than six in number, appointed by the lord chancellor, for the purpose of assisting the court of Chancery, or any judge thereof, with their opinion in matters of title and conveyancing. Moziey & Vvhitiey.

Convicls. si irnscar-is tnn divulgss; spx-eta exnlescunt. 3 inst. 198. it you be moved to anger by insults, you publish them; I! despised, they are forgotten.

CONVICIUM. In the Civil law. The name of a species of slander or injury uttci-ed in public, and which charged some one with some act contra bonus mores.

268

CONVICTION

CONVICT, v. To condemn after judicial l.nvest.lgation; to find a man guilty of a criminal charge. The word was formerly used also in the sense of finding against the defendant in a civil case.

CONVICT, n. One who has been condemned by a court One who has been ltd- jurlged guiity of a crime or unsdemi-uinr. Usuaily spoken of condemned felons vi‘ the prisoners in penitentiaries. Molineiix v. Coi- lins, 177 N. Y. 395, 69 N. E. 727. 65 L. R. A. 104; Morrissey v. Publishing 00.. 1'.) R. L 124, 32 At]. 19; In re Aiiano (C. C.) 43 Fed. 517; Jones v. State, 322 Tex. Or. B. 11-25. 22 S. W. 404.

Formerly a man was said to be convict when he had been found guiity of treason or reiony, but before judgment had been Dflhsttl on him, after which he was said to be attaint. (q. 1;.) Co. Lltt. 39017.

CONVICTED. This term has a definite signification in law, and means that a judgment of final condemnation has been pro- nounced against the accused. Gallagher v. State, 10 Tex. App. 469.

CONVICTION. In practice. In a gener- al sense, the result or a criminal trial which ends in a judgment or sentence that the pris- oner is guilty as charged.

Fiiiding a person guilty by verdict of a jury. 1 Sish. Crim. Law, § 223.

A record of the summary proceedings upon any penal statute before one or more justices of the peace or other persons duly authorized, in a case “here the olifenzler has been con- victed and sentenvetl. Holthouse.

In ordinary phrase, the meaning of the word “conviction" is the finding by the jury of a verdict that the accused is guilty. But, in legal parlance, it often denotes the fiii.ii judgment of the court. Biaiifus v. People. 69 N. Y. 109, 25 Am. Rep. 143.

The ordinary legal meaning of "conviction," when used to designate a particuiar stage of ti. criminzii prosecution friable by a jury, is tlw confession of the accused in open court, or ti v verdict returned against him by the jury, which ascertain: and pubiishes the fact of his guilt: while “jud;rinent" or "sentence" ls the appro- priate word to denote the aclion of the court before which the trial is had, declaring the consequences to the convict of the fact thus asc(‘TI"ii|'lEd. A piirdon granted after verdict of cuiity, but before sentence, and pending u hearing upon exceptions taken by the accused durinvz the trial. is granted after conviction, within the meaning of a ronslitutionai restriction upon granting pardon before conviction. When. drnd, llie word “conviction" ' the elIcr~t of the guilt of the accused as ju I ciiily proved in one case, when pleaded or given in evidence in another, it is sometimes used in a more comprehensive sense, inciuding the judgment of the court upon the verdict or confession of guiit; as, for instance, in speaking of the plea of uutrefoia com.-irt, or of the ettect of guilt, judicially ascertained, us a disqualification of the convict. Com. v. Lockwood, 109 Mass. 323. 12 Am. Rep. 639.

-—Former conviction. A previous trial and cnmietion of the same offense as that now

chained; piendable in bar of the prosecution.