Blacks Law Dict. 1st ed

241

COMPUTUS

CONCESSION

Tbe account or estimation of time by rule of law, as distinguished from any arbitrary consti uction of the parties. Cowell. COMPUTUS. A writ to compel a guardian, bailiff, receiver, or accountant to yield up his accounts. It is founded on the itatute Westm. 2, c. 12; Reg. Orig. 135. COMTE. Fr. A count or earl. In the ancient French law, the comte was an officer having jurisdiction over a particular district or territory, with functions paitly military and partly judicial. COW BUENA FE. In Spanish law. With (or in) good faith. CONACRE. In Irish practice. The payment of wages in land, the rent being woiked out in labor at a money valuation. Wharton. Conatus quid sit, non definitur in jure. 2 Bulst. 277. What an attempt is, is not defined in law. CONCEAL. To hide; secrete; withhold from the knowledge of others. The word "conceal," according to the best lexicographers, signifies to witnhold or keep secret mental facts from another's knowledge, as well as to hide or secrete physical objects from sight or observation. 57 Me. 339. CONCEALED. The term "concealed" is not synonymous with "lying in wait." If • person conceals himself for the purpose of shooting another unawares, he is lying in wait; but a peison may, while concealed, shoot another without committing the crime of murder. 55 Cal. 207. The term "concealed weapons" means weapons willfully or knowingly covered or kept from sight. 81 Ala. 887. CONCEALERS. In old English law. Such as find out concealed lands; that is, lands privily kept from the king by common persons having nothing to show for them. They are called "a tioublesome, disturbant sort of men; turbulent peisons." Cowell. CONCEALMENT. The improper sup pression or disguising of a fact, circumstance, or qualification which rests witliin the knowl edge of one only of the parties to a con tract, but which ought in fairness and good faith to be communicated to the other, •whereby the party so concealing draws the other into an engagement which he would not make but for bis ignorance of the fact concealed. A neglect to communicate that which a AM. DICT. LAW—16

party knows, and ought to communicate, Is called a "concealment." Civil Code Cal § 2561. The terms "misrepresentation" and "conceal ment" have a known and definite meaning in xh» law of insurance. Misrepresentation is the state ment of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the under writer, or which he states positively as true, with out knowing it to be true, and which has a tend ency to mislead, such fact in either case being material to the risk Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the under writer ; mere silence on the part of the assured, especially as to some matter of fact which he does not consider it important for the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or purposely sup pressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, or in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a "misrepresentation" or "concealment," within the clause of the conditions annexed to policies. 12 Cush. 416. CONCEDO. I grant. A word used in old Anglo-Saxon grants, and in statutes merchant. CONCEPTUM. In the civil law. A theft (furtum) was called "conceptum," when the thing stolen was searched for, and found upon some person in the presence of witnesses. Inst. 4, 1, 4. CONCESSI. Lat. I have granted. At common law, in a feoffment or estate of in heritance, this word does not imply a war ranty; it only creates a covenant in a lease for years. Co. Litt. 384a; 2 Caines, 194. CONCESSIMUS. Lat. We have granted. A term used in conveyances, the effect of which was to create a joint covenant on the part of the grantors. CONCESSIO. In old English law. A giant. One of the old common assurances, or forms of conveyance. Coucessio per regem fieri debet de certitudine. 9 Coke, 46. A grant by the king ought to be made from certainty. Concessio versus concedentem latam interpretationem habere debet. A grant ought to have a broad interpretation (to be liberally interpreted) against the grantor. Jenk. Cent. 279. CONCESSION. A grant; ordinarily ap plied to the grant of specific privileges by a

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