Blacks Law Dict. 1st ed

CONDITION

244

CONDEMN

certain, {si certa sit stipulatio.) Inst. 3,16, pr.; Id. 3, 15, pr.; Dig. 12, 1; Biact. fol. 1036. CONDICTIO EX LEGE. In the civil law. An action arising where the law gave a remedy, but provided no appropriate form of action. Calvin. CONDICTIO INDEBITATI. In the civil law. An actioD which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fact or in law. CONDICTIO REI FURTIVE. In the civil law. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19. CONDICTIO SINE CAUSA. In the civil law. A.n action which lay in favor of a person who had given or promised a thing without consideration, (causa.) Dig. 12, 7. Cod. 4, 9. CONDITIO. Lat. A condition. Conditio beneficialis, qure statum con struit, benigne secundum verborum in tentionem est interpretanda; odiosa au tem, quse statum destruit, stricte secun dum verborum proprietatem accipienda. 8 Coke, 90. A beneficial condition, which creates an estate, ought to be construed fa vorably, according to the intention of the words; but a condition which destroys an estate is odious, and ought to be construed strictly according to the letter of the words. Conditio dieitur, cum quid in casum incertum qui potest tendere ad esse aut non esse, confertur. Co. Litt. 201. It is called a "condition," when something is given on an uncertain event, which may or may not come into existence. Conditio illieita habetur pro non ad jecta\ An unlawful condition is deemed as not annexed. Conditio prsecedens adimpleri debet prius quam sequatur effectus. Co. Litt. 201. A condition precedent must be fulfilled before the effect can follow. CONDITION. In the civil law. The rank, situation, or degree of a particular per son in some one of the different orders of society. An agreement or stipulation in regard to some uncertain future event, not of the es sential nature of the transaction, but an

it is pleaded that the deceased made the will which is the subject of the suit, and that he was of sound mind. 2 Eng. Ecc. R. 433; 6 Eng. Ecc. R. 431. CONDEMN. To find or adjudge guilty. 8 Leon. 68. To adjudge or sentence. 3 Bl. Comm. 291. To adjudge (as an admiralty court) that a vessel is a prize, or that she is unfit for service. 1 Kent, Comm. 102; 5 Esp. 65. To set apart or expropriate prop erty for public use, in the exercise of the power of eminent domain. CONDEMNATION. In admiralty law. The judgment or sentence of a comt hav ing jurisdiction and acting in rem, by which (1) it is declared that a vessel which has been captured at sea as a prize was lawfully so seized and is liable to be treated as prize; or (2) that property which has been seized for an alleged violation of the revenue laws, neutrality laws, navigation laws, etc., was lawfully so seized, and is, for such cause, for feited to the government; or (3) that the ves sel which is the subject of inquiry is unfit and unsafe for navigation. In the civil law. A sentence or judg ment which condemns some one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded. CONDEMNATION MONEY. In prac tice. The damages which the party failing in an action is adjudged or condemned to pay; sometimes simply called the "condem nation." As used in an appeal-bond, this phrase means the damages which should be awarded against the appellant by the judgment of the court. It does not embrace damages not in cluded in the judgment. 6 Blackf. 8. CONDESCENDENCE. In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff. CONDICTIO. In Koman law. A gen eral term for actions of a personal nature, founded upon an obligation to give or do a certain and defined thing or service. It is distinguished from vindicatio rei, which is an action to vindicate one's right of property in a thing by regaining (or retaining) pos session of it against the adverse claim of the other party. CONDICTIO CERTI. In the civil law. An action which lies upon a promise to do a thing, where such promise or stipulation is

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