Blacks Law Dict. 1st ed

COMPOUND

239

COMPLAINANT

COMPLAINANT. In practice. One who applies to the courts for legal redress; one who exhibits a bill of complaint. This 's the proper designation of one suing in equity, though "plaintiff" is often used in equity proceedings as well as at law. COMPLAINT. In civil practice. In Chose states having a Code of Civil Proced ure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration in the common-law practice. Code N. Y. § 141. The complaint shall contain: (1) The title of the oanse, specifying the name of the court in which the action is brought, the name of the county in which the trial is required to be had, and the names of the parties to the action, plaintiff and defend ant. (2) A plain and concise statement of the facts constituting a cause of action, without un necessary repetition; and each material allegation •hall be distinctly numbered. (S) A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated. Code N. C. 1883,5233. In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecu tion may be instituted. It is a technical term, descriptive of proceedings before a magistrate. 11 Pick. 436. The complaint is an allegation, made before a proper magistrate, that a person has been guilty of a designated public offense. Code Ala. 1886, 14255. COMPLICE. One who is united with others in an ill design; an associate; a con federate; an accomplice. COMPOS MENTIS. Sound of mind. Having use and control of one's mental fac ulties. COMPOS SUI. Having the use of one's limbs, or the power of bodily motion. Sifuit ita compos sui quod itinerare potuit de loco in locum, if he had so far the use of his limbs as to be able to travel from place to place. Bract, fol. 146. COMPOSITIO MENSURARUM. The ordinance of measures. The title of an an cient ordinance, not printed, mentioned in the statute 23 Hen. VIII. c. 4; establishing a standard of measures. 1 Bl. Comm. 275. COMPOSITIO ULNAEUM ET PER TICARTJM. The statute of ells and perches. The title of an English statute establishing « standard of measures. 1 Bl. Comm. 275.

COMPOSITION. An agreement, made upon a sufficient consideration, between an insolvent or embarrassed debtor and his creditors, whereby the latter, for the sake of immediate payment, agree to accept a divi dend less than the whole amount of their claims, to be distributed pro rata, in dis charge and satisfaction of the whole. "Composition" should be distinguished from "accord." The latter properly denotes an arrange ment between a debtor and a single creditor for a discharge of lae obligation by a part payment or on different terms. The former designates an ar rangement between a debtor and the whole body of his creditors (or at least a considerable propor tion of them) for the liquidation of their claims by the dividend offered. In ancient law. Among the Franks, Goths, Burgundians, and other barbarous peoples, this was the name given to a sum of money paid, as satisfaction for a wrong or personal injury, to the person harmed, or to his family if he died, by the aggressor. It was originally made by mutual agreement of the paities, but afterwards established by law, and took the place of private physical vengeance. COMPOSITION DEED. An agreement embodying the terms of a composition be tween a debtor and his creditors. COMPOSITION IN BANKRUPTCY. An arrangement between a bankrupt and his creditors, whereby the amount he can be ex pected to pay is liquidated, and he is allowed to retain his assets, upon condition of his making the payments agreed upon. COMPOSITION OF MATTER. A mixture or chemical combination of ma terials. COMPOSITION OP TITHES, or REAL COMPOSITION. This arises in English ecclesiastical law, when an agree ment is made between the owner of lands and the incumbent of a benefice, with the consent of the ordinary and the patron, that the lands shall, for the future, be discharged from pay ment of tithes, by reason of some land or other real recompense given in lieu and sat isfaction thereof. 2 Bl. Comm. 28; 3 Steph, Comm. 129. COMPOST. Several sorts of soil or earth and other matters mixed, in order to make a fine kind of mould for fertilizing lands. COMPOTARIUS. In old English law. A party accounting. Fleta, lib. 2, c. 71, § 17. COMPOUND. To compromise; to effect a composition with a creditor: to obtaip dis

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