Blacks Law Dict. 1st ed

CONVENTIO

CONTROLMENT

271

CONTBOLMENT. In old English law. The controlling or checking of another officer's account; the keeping of a counter roll. CONTBOVEB. In old English law. An inventer or deviser of false news. 2 Inst. 227. CONTBOVERSY. A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity. It differs from "case," which includes all suits, criminal as well as civil; whereas "controversy" is a civil and not a criminal proceeding. 2 Dall. 419, 431, 433. CONTROVEBT. To dispute; to deny; to oppose or contest; to take issue on. CONTUBEBNIUM. In Roman law. The marriage of slaves; a permitted cohabita tion. CONTUMACE CAPIENDO. In En glish law. Excommunication in all cases of contempt in the spiritual courts is discontin ued by 53 Geo. III. c. 127, § 2, and in lieu thereof, where a lawful citation or sentence has not been obeyed, the judge shall have power, after a certain period, to pronounce such person contumacious and in contempt, and to signify the same to the court of chan cery, whereupon a writ de contumace capi endo shall issue from that court, which shall have the same force and effect as formerly belonged, in case of contempt, to a writ de excommunicate capiendo. (2 & 3 Wm. IV. c. 93; 3 & 4 Viet. c. 93.) Wharton. CONTUMACY. The refusal or inten tional omission of a person who has been duly cited before a court to appear and defend the charge laid against him, or, if he is duly before the court, to obey some lawful order or direction made in the cause. In the for mer case it is called "presumed" contumacy; in the latter, "actual." The term is chiefly used in ecclesiastical law. See 3 Curt. Ecc. 1. CONTUMAX. One accused of a crime who refuses to appear and answer to the charge. An outlaw. CONTUSION. In medical jurispru dence. A bruise; a hurt or injury to the flesh or some part of the body by the blow of a blunt instrument, or by a fall, producing no severance of tissue or apparent wound. If the skin is broken, it is called a "contused wound." CONTUTOB. Lat. In the civil law. A co-tutor, or co-guardian. Inst. 1, 24, 1.

CONUSANCE. In English law. Cog* nizance or jurisdiction. Conusance of pleas. Termes de la Ley. CONUSANCE, CLAIM OF. See COG NIZANCE. CONUSANT. One who knows; as, if a party knowing of an agreement in which he has an interest makes no objection to it. he is said to be conusant. Co. Litt. 157. CONVENABLE. In old English law. Suitable; agreeable; convenient; fitting. Litt. § 103. CONVENE. In the civil law. To bring an action. CONVENIENT. Proper; just; suitable. CONVENIT. In civil and old English law. It is agreed; it was agreed. CONVENT. The fraternity of an abbey or priory, as societas is the number of fellows in a college. A religious house, now re garded as a merely voluntary association, not importing civil death. 33 Law J. Ch. 308. CONVENTICLE. A private assembly or meeting for the exercise of religion. The word was first an appellation of reproach to the religious assemblies of Wycliffe in the reigns of Edward III. and Richard II., and was aft erwards applied to a meeting of dissenters from the established church. As this word in strict propriety denotes an unlawful as sembly, it cannot be justly applied to the assembling of persons in places of worship licensed according to the requisitions of law. Wharton. CONVENTIO. In canon law. Theact of summoning or calling together the parties by summoning the defendant. In the civil law. A compact, agreement, or convention. An agreement between two or more persons respecting a legal relation between them. The term is one of very wide scope, and applies to all classes of subjects in which an engagement or business relation may be founded by agreement. It is to be distinguished from the negotiations or pre liminary transactions on the object of the convention and fixing its extent, which are not binding so long as the convention is not concluded. Mackeld. Rom. Law, §§ 385, 386. In contracts. An agreement; a cove nant. Cowell. CONUSEE. See COGNIZES. CONUSOB. See COGNIZOR.

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