Blacks Law Dict. 1st ed

CONSCIENCE

254

CONSENT-RULE

charged with settling differences between masters and workmen. They endeavor, in the first instance, to conciliate the parties. In default, they adjudicate upon the questions in dispute. Their decisions are final up to 200/. Beyond that amount, appeals lie to the tribunals of commerce. Arg. Fr. Merc Law, 553. CONSENSUAL CONTRACT. A term derived from the civil law, denoting a contract founded upon and completed by the mere con sent of the contracting parties, without any external formality or symbolic act to fix thfr obligation. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Lofft, 514. Consent is the conjoint will of several persons to whom the thing belongs. Consensus facit legem. Consent makes the law. (A contract is law between the^ parties agreeing to be bound by it.) Branch. Princ. Consensus, non conoubitus, facit nup tias vel matrimonium, et consentire non possunt ante annos nubiles. 6 Coke, 22. Consent, and not cohabitation, constitute* nuptials or marriage, and persons cannot consent before marriageable years. 1 Bl Comm. 434. Consensus tollit errorem. Co. Lift. 126. Consent (acquiescence) removes mis take. Consensus voluntas multorum ad quo* res pertinet, simul juncta. Consent is th* united will of several interested in one sub ject-matter. Davis, 48; Branch, Princ. CONSENT. A concurrence of wills. Express consent is that directly given* either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. 1 Story, Eq. Jur. § 222. There is a difference between consenting and submitting. Every consent involves a submission; but a mere submission does not necessarily involve consent. 9 Car. & P. 722. CONSENT-RULE. In English practice. A superseded instrument, in which a defend ant in an action of ejectment specified for what purpose he intended to defend, and un

CONSCIENCE. This term is not syn onymous with "principle." An "objection on principle" is not the same thing as a "con scientious scruple" or opinion. 7 Cal. 140. CONSCIENCE, COURTS OP. Courts, not of record, constituted by act of parlia ment in the city of London, and other towns, for the recovery of small debts; otherwise and more commonly called "Courts of Re quests. " 3 Steph. Comm. 451. Conscientia dicitur a con et scio, quasi scire cum Deo. 1 Coke, 100. Con science is called from con and scio, to know, as it were, with God. CONSCIENTIA REI ALIENI. In Scotch law. Knowledge of another's proper ty; knowledge that a thing is not one's own, but belongs to another. He who has this knowledge, and retains possession, is charge able with " violent profits." CONSCRIPTION. Drafting into the military service of the state; compulsory service falling upon all male subjects evenly, within or under certain specified ages. CONSECRATE. In ecclesiastical law. To dedicate to sacred purposes, as a bishop by imposition of hands, or a church or churchyard by prayers, etc. Consecration is performed by a bishop or archbishop. Consecratio est periodus electionis; electio est prseambula consecrationis. 2 Rolle, 102. Consecration is the termination of election; election is the preamble of con secration. CONSEIL DE FAMILLE. In French law. A family council. Certain acts require the sanction of this body. For example, a guardian can neither accept nor reject an in heritance to which the minor has succeeded without its authority, (Code Nap. 461;) nor can he accept for the child a gift inter vivos without the like authority, (Id. 463.) CONSEIL JUDICIAIRE. In French law. When a person has been subjected to an interdiction on the ground of his insane extravagance, but the interdiction is not ab solute, but limited only, the court of first in stance, which grants the interdiction, ap points a council, called by this name, with whose assistance the party may bring or de fend actions, or compromise the same, alien ate his estate, make or incur loans, and the like. Brown. CONSEILS DE PRUDHOMMES. In French law. A species of trade tribunals,

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