Blacks Law Dict. 1st ed

CONTRA

CONTRABAND OF WAR

266

CONTRA JUS COMMUNE. Against common right or law; contrary to the rait of the common law. Bract, fol. 486. Contra legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvia verbis legis, sententiam ejus circumvenit. He does contrary to the law who does what the law prohibits; he acts in fraud of the law who, the letter of the law being inviolate, uses the law contrary to its intention. Dig. 1, 3, 29. CONTRA LEGEM TERR2E. Against the law of the land. Contra negantem principia non est dis putandum. There is no disputing against one who denies first principles. Co. Litt. 343. Contra non valentem agere nulla currit prcescriptio. No prescription runs against a person unable to bring an action. Broom, Max. 903. CONTRA OMNES GENTES. Against all people. Formal words in old covenants of warranty. Fleta, lib. 3, c. 14, § 11. CONTRA PACEM. Lat Against the peace. A phrase used in the Latin forms of indictments, and also of actions for trespass, to signify that the offense alleged was com mitted against the public peace, i. «., in volved a breach of the peace. The full formula was contra pacem domini regis t against the peace of the lord the king. In modern pleading, in this country, the phrase "against the peace of the commonwealth" or "of the people" is used. CONTRA PROFERENTEM. Against the party who proffers or puts forward a thing. CONTRA TABULAS. In the civil law. Against the will, (testament.) Dig. 37, 4. CONTRA VADIUM ET PLEGIUM. In old English law. Against gage and pledge. Bract, fol. 156. Contra veritatem lex nunquam aliquid permittit. The law never suffers anything contrary to truth. 2 Inst. 252. CONTRABAND. Against law or treaty; prohibited. Goods exported from or imported into a country against its laws. Brande. Articles, the importation or exportation of which is prohibited by law. F. Enc. CONTRABAND OF WAR. Certain classes of merchandise, such as arms and

ual, without the necessity of any actual in terference by man, as a water-spout, or a right of light or air; as distinguished from a discontinuous easement, which is one the en joyment of which can be had only by the in terference of man, as a right of way, or a right to draw water. Washb. Easem 13; Gale, Easem. 16; 21 N. Y 505; 60 Mich. 252, 27 N. W. Rep. 512. This distinction is derived from the French law. See Civil Code, art. 688. CONTRA. Against, confronting, oppo site to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra, appended to the name of a judge or counsel, indicates that he held a view of the matter in argument contrary to that next before advanced. Also, after cita tion of cases in support of a position, contra is often prefixed to citations of cases op posed to it. CONTRA BONOS MORES. Against good morals. Contracts contra bonos mores are void. CONTRA FORMAM COLLATIONIS. In old English law. A writ that issued where lands given in peipetual alms to lay houses of religion, or to an abbot and con vent, or to the warden or master of an hos pital and his convent, to find certain poor men with necessaries, and do divine service, etc., were alienated, to the disherison of the house and church. By means of this writ the donor or his heirs could recover the lands. Reg. Orig. 238; Fitzh. Nat. Brev. 210. CONTRA FORMAM DONI. Against the form of the grant. See FOBMEDON. CONTRA FORMAM FEOFFAMEN TI. In old English law. A writ that lay for the heir of a tenant, enfeoffed of certain lands or tenements, by charter of feoffmenfc from a lord to make certain services and suits to his court, who was afterwards dis trained for more services than were men tioned in the charter. Reg. Orig. 176; Old Nat. Brev. 162. CONTRA FORMAM STATUTI. In criminal pleading. (Contrary to the form of the statute in such case made and provided.) The usual conclusion of every indictment, etc., brought for an offense created by stat ute. CONTRA JUS BELLI. Lat. Against the law of war. 1 Kent, Comm. 6.

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