Blacks Law Dict. 1st ed
COUNTER-FESANCE
285
COUNTY
mandant alleged against either request was called a "counter-plea." Cowell. COUNTER-ROLLS. In English law. The rolls which sheriffs have with the coro ners, containing particulars of their pro ceedings, as well of appeals as of inquests, etc. 3 Edw. L c. 10. COUNTER-SECURITY. A security given to one who has entered into a bond or become surety for another; a countervailing bond of indemnity. COUNTERSIGN. The signature of a secretary or other subordinate officer to any writing signed by the principal or superior to vouch for the authenticity of it. COUNTERVAILING EQUITY. A contrary and balancing equity; an equity or right opposed to that which is sought to be enforced or recognized, and which ought not to be sacrificed or subordinated to the lat ter, because it is of equal strength and jus tice, and equally deserving of consideration. COUNTEZ. L. Fr. Count, or reckon. In old practice. A direction formerly given by the clerk of a court to the crier, after a jury was sworn, to number them; and which Blackstone says was given in his time, in good English, "count these." 4 Bl. Comm. 340, note (u.) COUNTORS. Advocates, or Serjeants at law, whom a man retains to defend his cause and speak for him in court, for their fees. 1 Inst. 17. COUNTRY. The portion of the earth's surface occupied by an independent nation or people; or the inhabitants of such territory. In its primary meaning "country" signifies "place;" and, in a larger sense, the territory or dominions occupied by a community; or even waste and unpeopled sections or regions of the earth. But its metaphorical meaning is no less definite and well understood; and in common.pan lance, in historical and geographical writings, in diplomacy, legislation, treaties, and international codes, the word is employed to denote the popula tion, the nation, the state, or the government, having possession and dominion over a territory. 1 Blatchf. 218, 235; 5 N. Y. Leg. Obs. 286. In pleading and practice. The inhab itants of a district from which a jury is to be summoned; pais; a jury. 3 Bl. Comm. 349; Steph. PL 73, 78, 230. COUNTY. The name given to the prin cipal subdivisions of the kingdom of Eng land and of most of the states of the Ameri can Union, denoting a distinct portion of territory organized by itself for political
lawful and genuine, with an intention of de ceiving and imposing upon mankind. 1 Stew. (Ala.) 384. COUNTER-FESANCE. The act of forging. COUNTER-LETTER. A species of in strument of defeasance common in the civil law. It is executed by a party who has taken a deed of property, absolute on its face, but intended as security for a loan of money, and by it he agrees to reconvey the property on payment of a specified sum. The two instruments, taken together, constitute what Is known in Louisiana as an "antichresis," . v.) COUNTERMAND. A change or revoca tion of orders, authority, or instructions pre viously issued. It may be either express or implied; the former where the order or in struction already given is explicitly annulled or recalled; the latter where the party's con duct is incompatible with the further con tinuance of the order or instruction, as where a new order is given inconsistent with the former order. COUNTER-MARK. A sign put upon goods already marked; also the several marks put upon goods belonging to several persons, to show that they must not be opened, but in the presence of all the owners or their agents. COUNTERPART. In conveyancing. The corresponding part of an instrument; a duplicate or copy. Where an instrument of conveyance, as a lease, is executed in parts, that is, by having several copies or duplicates made and interchangeably executed, that which is executed by the grantor is usually called the "original," and the rest are "coun terparts;" although, where all the parties execute every part, this renders them all originals. 2 Bl. Comm. 296; Shep. Touch. 50. See DUPLICATE. COUNTER-PLEA. In pleading. A plea to some matter incidental to the main object of the suit, and out of the direct line of pleadings. In the more ancient system of pleading, counter-plea was applied to what was, in ef fect, a replication to aid prayer, (q. v.;) that is, where a tenant for life or other limited interest in land, having an action brought against him in respect to the title to such land, prayed in aid of the lord or reversioner (or his better defense, that which the de
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