Blacks Law Dict. 1st ed

242

CONCESSIT SOLVEBB

CONCORD

ment of the declaration is traversed and is sue tendered) or offers a verification, which is proper where new matter is introduced. In trial practice. It signifies making the final or concluding address to the jury or the court. This is, in general, the privilege of the party who has to sustain the burden of proof. Conclusion also denotes a bar or estoppe* the consequence, as respects the individual, of a judgment upon the subject-matter, or of his confession of a matter or thing which the law thenceforth forbids him to deny. CONCLUSION AGAINST THE FORM OF THE STATUTE. The prop er form for the conclusion of an indictment for an offense created by statute is the tech nical phrase "against the form of the statute in such case made and provided;" or, in Lat in, contra formam statuti. CONCLUSION TO THE COUNTRY. In pleading. The tender of an issue to be tried by jury. Steph. PI. 230. CONCLUSIVE. Shutting up a matter; shutting out all further evidence; not admit ting of explanation or contradiction; putting an end to inquiry; final; decisive. CONCLUSIVE EVIDENCE. Evidence which, in its nature, does not admit of ex planation or contradiction; such as what is called "certain circumstantial" evidence. Burrill, Circ. Ev. 89. Evidence which, of itself, whether contra dicted or uncontradicted, explained or unex plained, is sufficient to determine the matter at issue. 6 Lond. Law Mag. 373. CONCLUSIVE PRESUMPTION. A rule of law deteimining the quantity of evi dence requisite for the support of a particular averment which is not permitted to be over come by any proof that the fact is otherwise* 1 Greenl. Ev. § 15. CONCORD. In the old process of levy ing a fine of lands, the concord was an agree ment between the parties (real or feigned) in which the deforciant (or he who keeps the other out of possession) acknowledges that the lands in question are the right of com plainant; and, from the acknowledgment or admission of right thus made, the party who levies the fine is called the "cognizor," and the person to whom it is levied the "cogmzee." 2 Bl. Comm. 350. The term also denotes an agreement be tween two persons, one of whom has a righi of action against the other, settling what

government; French and Spanish grants in Louisiana. CONCESSIT SOLVERE. (He granted and agreed to pay.) In English law. An action of debt upon a simple contract. It lies by custom in the mayor's court, London, and Bristol city court. CONCESSOR. In old English law. A grantor. CONCESSUM. Accorded:conceded. This term, frequently used in the old reports, sig nifies that the court admitted or assented to a point or proposition made on the argu ment. CONCESSUS. A grantee. CONCILIABULUM. A council house. CONCILIATION. In French law. The formality to which intending litigants are subjected in cases brought before the juge de paix. The judge convenes the parties and endeavors to reconcile them. Should he not succeed, the case proceeds. In criminal and commercial cases, the preliminary of concili ation does not take place. Arg. Fr. Merc. Law, 552. CONCILIUM. A council. Also argu ment in a cause, or the sitting of the court to hear argument; a day allowed to a defendant to present his argument; an imparlance. CONCILIUM ORDINARIUM. In An glo-Norman times. An executive and resid uary judicial committee of the Aula Regis, (q. v.) CONCILIUM REGIS. An ancient En glish tribunal, existing during the reigns of Edward I. and Edward II., to which was re ferred cases of extraordinary difficulty. Co. Litt. 304. CONCIONATOR. In old records. A common council man; a freeman called to a legislative hall or assembly. Cowell. CONCLUDE. To finish; determine; to estop; to prevent. CONCLUDED. Ended; determined; es topped; prevented from. CONCLUSION. The end; the termina tion; the act of finishing or bringing to a close. The conclusion of a declaration or complaint is all that part which follows the statement of the plaintiff's cause of action. The conclusion of a plea is its final clause, in which the defendant either "puts himself upon the country" (where a material aver

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