Blacks Law Dict. 1st ed

CONTRATALLIA

CONTROLLER

270

CONTRIBUTE. To supply a share oi proportional part of money or property to wards the prosecution of a common enter prise or the discharge of a joint obligation. CONTRIBUTION. In common law. The sharing of a loss or payment among several. The act of any one or several of a number of co-debtors, co-sureties, etc., in re imbursing one of their number who has paid the whole debt or suffered the whole liability, each to the extent of his proportionate share. In maritime law. Where the property of one of several parties interested in a vessel and cargo has been voluntarily sacrificed for the common safety, (as by thiowing goods overboard to lighten the vessel,) such loss must be made good by the contribution of the others, which is termed "general average." 3 Kent, Comm. 232-244; 1 Story, Eq. Jur. §490. In the civil law. A partition by which the creditors of an.insolvent debtor divide among themselves the proceeds of his property pro portionably to the amount of their respective credits. Code La. art. 2522, no. 10. Contribution is the division which is made among the heirs of the succession of the debts with which the succession is charged, accord ing to the proportion which each is bound to bear. Civil Code La. art. 1420. CONTRIBUTIONS PACIENDA. In old English law. A writ that lay where ten ants in common were bound to do some act, and one of them was put to the whole bur then, to compel the rest to make contribu tion. Reg. Orig. 175; Fitzh. Nat. Brev. 162. CONTRIBUTORY. A person liable to contribute to the assets of a company which is being wound up, as being a member or (in some cases) a past member thereof. Mozley & Whitley. CONTRIBUTORY NEGLIGENCE. Contributory negligence, when set up as a defense to an action for injuries alleged to have been caused by the defendant's negli gence, means any want of ordinary care on the part of the person injured, (or on the part of another whose negligence is im putable to him,) which combined and con curred with the defendant's negligence, and contributed to the injury as a proximate cause thereof, and as an element without which the injury would not have occurred. CONTROLLER. A comptroller, which see.

side only is bound; or (3) commutatif, where one does to the other something which is sup posed to be an equivalent for what the other does to him; or (4) aliatoire, where the con sideration for the act of the one is a mere chance; or (5) contrat de bienfaisance, where the one party procures to the other a purely gratuitous benefit; or (6) contrat d, titre onereux, where each party is bound under some duty to the other. Brown. CONTRATALLIA. In old English law. A counter-tally. A term used in the ex chequer. Mem. in Scacc. M. 26 Edw. I. CONTRATENERE. To hold against; to withhold. Whishaw. CONTRAVENING EQUITY. Aright or equity, in another person, which is incon sistent with and opposed to the equity sought to be enforced or recognized. CONTRAVENTION. In French law. An act which violates the law, a treaty, or an agreement which the party has made. That infraction of the law punished by a fine which does not exceed fifteen francs and by an im prisonment not exceeding three days. Pen. Code, 1. In Scotch law. The act of breaking through any restraint imposed by deed, by covenant, or by a court. CONTRECTARE. Lat. In the civil law. To handle; to take hold of; to meddle with. In old English law. To treat. Vel mall contrectet; or shall ill treat. Fleta, lib. 1, c. 17, § 4. CONTRECTATIO. In the civil and old English law. Touching; handling; meddling. The act of removing a thing from its place in such a manner that, if the thing be not restored, it will amount to theft. Contrectatio rei alienee, animo furan di, est furtum. Jenk. Cent. 132. The touching or removing of another's property, with an intention of stealing, is theft. CONTREFACON. In French law. The offense of printing or causing to be printed a book, the copyright of which is held by an other, without authority from him. Merl. Repert. CONTRE-MAITRE. In French marine law. The chief officer of a vessel, who, in case of the sickness or absence of the master, commanded in his place. Literally, the counter-master.

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