KFLCC Kingdom Law 2nd Ed.

CONCESSIT SOLVERE

237

CONCORDAT

CONCESSIT SOLVERE. (He grantee" and agreed to pay.) In English law. An ac tion of debt upon a simple contract. It lies by custom in the mayor's court, London, and Bristol city court CONCESSOR. In old English law. A grantor. CONCESSUM. Accorded; conceded. This term, frequently used in the old reports, sig nifies that the court admitted or assented to a point or proposition made on the argu ment. CONCESSUS. A grantee. CONCELIABULUM. A council house. CONCILIATION. In French law. The formality to which intending litigants are subjected in cases brought before the juge de paix. The judge convenes the parties and endeavors to reconcile them. Should he not succeed, the case proceeds. In criminal and commercial cases, the preliminary of concili ation does not take place. Arg. Fr. Merc. Law, 552. CONCILIUM. Lat. A council. Also ar gument in a cause, or the sitting of the court to hear argument; a day allowed to a de fendant to present his argument; an impar lance. —Concilium ordinarium. In Anglo-Norman times. An executive and residuary judicial com mittee of the Aula Regis, (q. v.)—Concilium regis. An ancient English tribunal, existing during the reigns of Edward I. and Edward II., to which was referred cases of extraordinary difficulty. Co. Litt 304. CONCIONATOR. In old records. A common council man; a freeman called to a legislative hall or assembly. Cowell. CONCLUDE. To finish; determine; to estop; to prevent CONCLUDED. Ended; determined; es topped; prevented from. CONCLUSION. The end; the termina tion; the act of finishing or bringing to a close. The conclusion of a declaration or complaint is all that part which follows the statement of the plaintiff's cause of action. The conclusion of a plea is its final clause, in which the defendant either "puts himself upon the country" (where a material aver ment of the declaration is traversed and is sue tendered) or offers a verification, which is proper where new matter is introduced. State v. Waters, 1 Mo. App. 7. In trial practice. It signifies making the final or concluding address to the jury or the court. This is, in general, the privilege of the party who has to sustain the burden or proof.

Conclusion also denotes a bar or estoppel; the consequence, as respects the individual, of a judgment upon the subject-matter, or of his confession of a matter or thing which the law thenceforth forbids him to deny. —Conclusion against the form of the statute. The proper form for the conclusion of an indictment for an offense created by statute is the technical phrase "against the form of the statute in such case made and pro vided ;" or, in Latin, contra formam statuti. —Conclusion of fact. An inference drawn from the subordinate or evidentiary facts.— Conclusion of law. Within the rule that pleadings should coatain only facts, and not conclusions of law, this means a proposition not arrived at by any process of natural rea soning from a fact or combination of facts stated, but by the application of the artificial rules of law to the facts pleaded. Levins v. Rovegno, 71 Cal. 273, 12 Pac. 161; Iron Co. v. Vandervort, 164 Pa. 572, 30 Atl. 491; Clark v. Railway Co., 28 Minn. 69, 9 N. W. 75.— Conclusion to the country. In pleading. The tender of an issue to be tried by jury. Steph. PI. 230. CONCLUSIVE. Shutting up a matter; shutting out all further evidence; not ad mitting of explanation or contradiction; putting an end to inquiry; final; decisive. Hoadley v. Hammond, 63 Iowa, 599, 19 N. W. 794; Joslyn v. Rockwell, 59 Hun, 129, 13 N. Y. Supp. 311; Appeal of Bixler, 59 Cal. 550. —Conclusive evidence. See EVIDENCE.— Conclusive presumption. See PBESUMP TION. CONCORD. In the old process of levy ing a fine of lands, the concord was an agreement between the parties (real or feign ed) in which the deforciant (or he who keeps the other out of possession) acknowledges that the lands in question are the right of complainant; and, from the acknowledg ment or admission of right thus made, the party who levies the fine is called the' "cog nizor," and the person to whom it is levied' the "cognizee." 2 Bl. Comm. 350. The term also denotes an agreement be tween two persons, one of whom has a right of action against the other, settling what amends shall be made for the breach or wrong; a compromise or an accord. In old practice. An agreement between two or more, upon a trespass committed, by way of amends or satisfaction for it Plowd. 5, 6, 8. Concordare leges legibus est optimus interpretandi modus. To make laws agree with laws is the best mode of interpreting them. Halk. Max. 70. CONCORDAT. In public law. A com pact or convention between two or more in dependent governments. An agreement made by a temporal sover eign with the pope, relative to ecclesiastical matters. In French law. A compromise effected by a bankrupt with his creditors, t>y virtue