Blacks Law Dict. 1st ed

CONSUETUDO, ETC.

CONSUMMATION

262

Jrawn into consequence. 4 Jur. (N. S.) Ex. 139. Consuetudo prsescripta et legitima rincit legem. A prescriptive and lawful custom overcomes the law. Co. Litt. 113; 4 Coke, 21. Consuetudo regni Angliee est lex Angliee. Jenk. Cent. 119. The custom of the kingdom of England is the law of Eng land. See 2 Bl. Comm. 422. Conauetudo semel reprobata non po test amplius induci. A custom once dis allowed cannot be again brought forward, [or relied on.] Dav. 33. Consuetudo tollit communem legem. Co. Litt. 336. Custom takes away the com mon law. Consuetudo volentes ducit, lex no lentes trab.it. Custom leads the willing, law compels [drags] the unwilling. Jenk. Cent. 274. CONSUL. In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The office was continued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consulo, to consult, because these officers con sulted with the senate on administrative measures. In old English law. An ancient title of an earl. In international law. An officer of a commercial character, appointed by the dif ferent states to watch over the mercantile interests of the appointing state and of its subjects in foreign countries. There are usually a number of consuls in every mari time country, and they are usually subject to a chief consul, who is called a "consul general." Brown. The word "consul" has two meanings: (1) It denotes an officer of a particular grade in the consular service; (2) it has a broader generic sense, embracing all consular officers. 15 Ct. Cl. 64. The official designations employed throughout this title shall be deemed to have the following meanings, respectively: First " Consul general, n "consul," and "commercial agent" shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. Second. "Deputy-consul" and "con sular agent" shall be deemed to denote consular offi cers subordinate to such principals, exercising the powers and performing the duties within the lim

its of their consulates or commercial agencies re spectively, the former at the same ports or places and the latter at ports or places different from those at which such principals are located respect ively. Third. "Vice-consuls" and "vice-commer cial agents" shall be deemed to denote consular officers who shall be substituted, temporarily, to fill the places of consuls general, consuls, or com mercial agents, when they shall be temporarily absent or relieved from duty. Fourth. " Consular officer" shall be deemed to include consuls general, consuls, commercial agents, deputy-consuls, vice consuls, vice-commercial agents, and consular agents, and none others. Fifth. "Diplomatic offi cer" shall be deemed to include ambassadors, en voys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'af faires, agents, and secretaries of legation, and none others. Rev. St. U. S. $ 1674. CONSULAB COURTS. Courts held by the consuls of one country, within the ter ritory of another, under authority given by treaty, for the settlement of civil cases be tween citizens of the country which the con sul represents. In some instances they have also a criminal jurisdiction, but in this re spect are subject to review by the courts of the home government. See Rev. St. U. S. § 4083. CONSULTA ECCLESIA. In ecclesias tical law. A church full or provided for. Cowell. CONSULTARY RESPONSE. The opinion of a court of law on a special case. CONSULTATION. A writ whereby a cause which has been wrongfully removed by prohibition out of an ecclesiastical court to a temporal court is returned to the ecclesias tical court. Phillim. Ecc. Law, 1439. A conference between the counsel engaged in a case, to discuss its questions or arrange the method of conducting it. In French law. The opinion of coun sel upon a point of law submitted to them. CONSULTO. In the civil law. Desi«n edly; intentionally. Dig. 28, 41. CONSUMMATE. Completed; as distin guished from initiate, or that which is merely begun. The husband of a woman seised of an estate of inheritance becomes, by the birth of a child, tenant by the curtesy initiate, and may do many acts to charge the lands, but his estate is not consummate till the death of the wife. 2 Bl. Comra. 126, 128; Co. Litt. bOn. CONSUMMATION. The completion of a thing; the completion of a marriage be* tween two affianced persons by cohabitation.

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