KFLCC Kingdom Law 2nd Ed.

236

COMPUTUS

CONCESSION

The account or estimation of time by rule of law, as distinguished from any arbitrary construction of the parties. Cowell. COMPUTUS. A writ to compel a guar dian, bailiff, receiver, of accountant to yield up his accounts. It is founded on the stat ute Westm. 2, c. 12; Reg. Orig. 135. COMTE. FT. A count or earl. In the ancient French law, the comte was an of ficer having jurisdiction over a particular district or territory, with functions partly military and partly judicial. CONACRE. In Irish practice. The pay ment of wages in land, the rent being work ed out in labor at a money valuation. Whar ton. Conatus quid sit, non definitur in jure. 2 Bulst. 277. What an attempt is, .is not defined in law. CONCEAX. To hide; secrete; withhold from the knowledge of others. The word "conceal," according to the best lexicographers, signifies to withhold or keep secret mental facts from another's knowl edge, as well as to hide or secrete physical objects from sight or observation. Gerry v. Dunham, 57 Me. 339. —Concealed. The term "concealed" is not synonymous with "lying in wait." If a person conceals himself for the purpose of shooting an other unawares, he is lying in wait; but a per son may, while concealed, shoot another with out committing the crime of murder. People v. Miles, 55 Cal. 207. The term "concealed weap ons" means weapons willfully or knowingly covered or kept from sight. Owen v. State, 31 Ala. 387.—Concealers. In old English law. Such as find out concealed lands; that is, lands privily kept from the king by common persons having nothing to show for them. They are called "a troublesome, disturbant sort of men; turbulent persons." Cowell.—Concealment. The improper suppression or disguising of a fact, circumstance, or qualification which rests within the knowledge of one only of the parties to a contract, but which ought in fairness and good faith to be communicated to the other, whereby the party so concealing draws the oth er into an engagement which he would not make but for his ignorance of the fact concealed. A neglect to communicate that which a party knows, and ought to communicate, is called a "concealment." Civ. Code Cal. § 2561. The terms "misrepresentation" and concealment" have a known and definite meaning in the law of insurance. Misrepresentation is the state ment of something as fact which is untrue in fact, and which the assured states, knowing it to be not true, with an intent to deceive the underwriter, or which he states positively as true, without knowing it to be true, and which has a tendency to mislead, such fact in either case being material to the risk. Concealment is the designed and intentional withholding of any fact material to the risk, which the assured, in honesty and good faith, ought to communicate to the underwriter j mere silence on the part of the assured, especially as to some matter of fact which he does not consider it important for CON BUENA FE. With (or in) good faith. In Spanish law.

the underwriter to know, is not to be consider ed as such concealment. If the fact so untruly stated or purposely suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter in making the contract, o- in estimating the degree and character of the risk, or in fixing the rate of the premium, it is not a "misrepresentation" or "concealment," within the clause of the conditions annexed to policies. Daniels v. Insurance Co., 12 Cush. (Mass.) 416, 59 Am. Dec. 192. CONCEDER. Fr. In French law. To grant See CONCESSION. CONCEDO. Lat I grant A word used in old Anglo-Saxon grants, and in statutes merchant CONCEPTION. In medical jurispru dence, the beginning of pregnancy, (q. v.) CONCEPTUM. In the civil law. A theft (furtutn) was called "conceptum?' when the thing stolen was searched for, and found upon some person in the presence of witness es. Inst 4, 1, 4. Relat ing to; pertaining to; affecting; involving; being engaged in or taking part in. U. S. v. Fulkerson (D. C.) 74 Fed. 631; May v. Brown, 3 Barn. & C. 137; Ensworth v. Hol ly, 33 Mo. 370; Miller y. Navigation Co., 32 W. Va. 46, 9 S. E. 57; U. S. v. Scott (C. C.) 74 Fed. 217; McDonald r. White, 130 111. 493, 22 N. E. 599. CONCESSI. Lat I have granted. At common law, in a feoffment or estate of in heritance, this word does not imply a war ranty ; it only creates a covenant in a lease for years. Co. Litt. 384a. See Kinney v. Watts, 14 Wend. (N. Y.) 40; Koch v. Hustis, 113 Wis. 599, 87 N. W. 834; Burwell v. Jackson* 9 N. T. 535. CONCESSIMUS. Lat We have grant ed. A term used in conveyances, the effect of which was to create a joint covenant on the part of the grantors. CONCESSIO. In old English law. A grant. One of the old common assurances, or forms of conveyance. Concessio per regem fieri debet de cer titndine. 9 Coke, 46. A grant by the king ought to be made from certainty. Concessio versus eoncedentem latam interpretationem habere debet. A grant ought to have a broad interpretation (to be liberally interpreted) against the grantor. Jenk. Cent 279. CONCESSION. A grant; ordinarily ap plied to the grant of specific privileges by a government; French and Spanish grants in Louisiana. See Western M. & M. Co. v. Pey tona Coal Co., 8 W. Va. 44a CONCERNING, CONCERNED.