Blacks Law Dict. 1st ed

CONFLICT OF PRESUMPTIONS

251

CONGEABLE

tions in their application to rights and reme dies, which reconciles the inconsistency, or de cides which law or system is to govern in the particular case, or settles the degree of force to be accorded to the law of a foreign country, (the acts or rights in question having arisen under it,) either where it varies from the do mestic law, or where the domestic law is si lent or not exclusively applicable to the case in point. In this sense, it is more properly called "private international law." CONFLICT OF PRESUMPTIONS. In this conflict certain rules are applicable, viz.: (1) Special take precedence of general presumptions; (2) constant of casual ones; (3) presume in favor of innocence; (4) of le gality; (5) of validity; and, when these rules fail, the matter is said to be at large. Brown. CONFORMITY. In English ecclesiasti cal law. Adherence to the doctrines and usages of the Church of England. CONFORMITY, BILL OF. See BILL •OF CONFORMITY. CONFRAIRIE. Fr. In old English law. A fraternity, brotherhood, or society. €owell. CONFRERES. Brethren in a religious house; fellows of one and the same society. •Cowell. CONFRONTATION. In criminal law. The act of setting a witness face to face with the prisoner, in order that the latter may make any objection he has to the witness, or that the witness may identify the accused. CONFUSIO. In the civil law. The insep arable intermixture of property belonging to different owners; it is properly confined to the pouring together of fluids, but is some times also used of a melting together of met als or any compound formed by the irrecov- -erable commixture of different substances. It is distinguished from commixtion by the fact that in the latter case a separation may be made, while in a case of confusio there cannot be. 2 Bl. Comm. 405. CONFUSION. In Roman and French law. A mode of extinguishing a debt, by the concurrence in the same person of two qualities which mutually destroy one another. This may occur in several ways, as where 4he creditor becomes the heir of the debtor, or •the debtor the heir of the creditor, or either «ccedes to the title of the other by any other «aode of transfer. This teim, as used in the civil law, is syn

onymous with "merger," as used in the com mon law. It arises where two titles to the same property unite in the same person. 1 Woods, 182. CONFUSION OF BOUNDARIES. The title of that branch of equity jurisdiction which relates to the discovery and settlement of conflicting, disputed, or uncertain bound aries. CONFUSION OF GOODS. The insep arable intermixture of property belonging to different owners; properly confined to the pouring together of fluids, but used in a wider sense to designate any indistinguish able compound of elements belonging to dif ferent owners. The term "confusion" is applicable to a mixing of chattels of one and the same general description, differing thus from "accession," which is where various materials are united in one product. Con fusion of goods arises wherever the goods of two or more persons are so blended as to have become undistinguishable. 1 Schouler, Pers. Prop. 41. CONFUSION OF RIGHTS. A union of the qualities of debtor and creditor in the same person. The effect of such a union is, generally, to extinguish the debt. 1 Salk. 306; Cro. Car. 551. CONFUSION OF TITLES. A civil law expression, synonymous with "merger," as used in the common law, applying where t wo titles to the same property unite in the same person. 1 Woods, 179. CONGE. In the French law. Permis sion, leave, license; a passport or clearance to a vessel; a permission to arm, equip, or navigate a vessel. CONGE D'ACCORDER. Leave to ac cord. A permission granted by the court, in the old process of levying a fine, to the de fendant to agree with the plaintiff. CONGE D'EMPARLER. Fr. Leave to imparl. The privilege of an imparlance, (Hcentia loquendi.) 3 BI. Comm. 299. CONGE D'ESLIRE. A permission or license from the British sovereign to a dean and chapter to elect a bishop, in time of va cation; or to an abbey or priory which is of royal foundation, to elect an abbot or prior. CONGEABLE. L. Fr. Lawful; per missible; allowable. "Disseisin is properly where a man entereth into any lands or tene ments where his entry is not congeable, and putteth out him that hath the freehold." Litt. § 279. See 7 Wheat. 107.

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