Blacks Law Dict. 1st ed

CONVERSANT

272

CONVENTIO IN UNUM

ritory, to nominate candidates for an ap proaching election. CONVENTIONAL. Depending on, or arising from, the mutual agreement of par ties; as distinguished from legal, which means created by, or arising from, the act of the law. CONVENTIONAL ESTATES. Those freeholds not of inheritance or estates for life, which are created by the express acts of the parties, in contradistinction to those which are legal and arise from the operation of law. CONVENTIONAL MORTGAGE. The conventional mortgage is a contract by which a person binds the whole of his prop erty, or a portion of it only, in favor of anoth er, to secure the execution of some engage ment, but without divesting himself of pos session. Civil Code La. art. 3290. CONVENTIONE. The name of a writ for the breach of any covenant in writing, whether leal or peisonal. Reg. Orig. 115; Fitzh. Nat. Brev. 145. CONVENTIONS. This name is some times given to compacts or treaties with for eign countries as to the apprehension and ex tradition of fugitive offenders. See EXTRA DITION. CONVENTUAL CHURCH. In ecclesi astical law. That which consists of regular clerks, professing some order or religion; or of dean and chapter; or other societies of spiritual men. CONVENTUALS. Religious men united in a convent or religious house. Cowell. CONVENTUS. A coming together; a convention or assembly. Conventus magna turn velpmcerum (the assembly of chief men or peeis) was one of the names of the English parliament. 1 Bl. Comm. 148. In the civil law. The term meant a gathering together of people; a crowd as sembled for any purpose; also a convention, pact, or bargain. CONVENTUS JURIDICUS. In the Roman law. A court of sessions held in the Roman provinces, by the president of the province, assisted by a certain number of counsellors and assessors, at fixed periods, to hear and determine suits, and to provide for the civil administration of the province. Schm. Civil Law, Introd. 17. CONVERSANT. One who is intha habit of being in a particular place is said to

CONVENTIO IN UNUM. In the civil law. The agreement between the two par ties to a contract upon the sense of the con tract proposed. It is an essential part of the contract, following the pollicitation or pro posal emanating from the one, and followed by the consension or agreement of the other. Conventio privatorum non potest pub lico juri derogare. The agreement of private persons cannot derogate from public right, i. e., cannot prevent the application of general rules of law, or render valid any con travention of law. Co. Litt. 166a/ Wing. Max. p. 746, max. 201. Conventio vincit legem. The express agreement of parties overcomes [prevails against] the law. Story, Ag. § 368. CONVENTION. In Roman law. An agreement between paities; a pact. A con vention was a mutual engagement between two persons, possessing all the subjective req uisites of a contract, but which did not give rise to an action, nor receive the sanction of the law, as bearing an "obligation," until the objective requisite of a solemn ceremonial, (such as stipulatio) was supplied. In other words, convention was the informal agree ment of the paities, which formed the basis of a contract, and which became a contract when the external formalities were superim posed. See Maine, Anc. Law, 313. "The division of conventions into contracts and pacts was important in the Roman law. The former were such conventions as already, by the older civil law, founded an obligation and action; all the other conventions were termed • pacts.' These generally did not produce an actionable ob ligation. Actionability was subsequently given to several pacts, whereby they received the same power and efficacy that contracts received." Mackeld. Rom. Law, § 395. In English law. An extraordinary as sembly of the houses of lords and commons, without the assent or summons of the sov ereign. It can only be j ustified ex necessitate rei, as the parliament which restored Charles II., and that which disposed of the crown and kingdom to William and Mary. Whar ton. Also the name of an old writ that lay for the breach of a covenant. In legislation. An assembly of delegates or representatives chosen by the people for special and extraordinary legislative pur poses, such as the framing or revision of a state constitution. Also an assembly j>f dele gates chosen by a political party, or by the party organization in a larger or smaller ter

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