KFLCC Kingdom Law 2nd Ed.

239

CONDEMN.

CONDITION.

CONDEMN. To find or adjudge guilty. 3 Leon. 68. To adjudge or sentence. 3 Bl. Comm. 291. To adjudge (as an admiralty court) that a vessel is a prize, or that she is unfit for service. 1 Kent, Comm. 102; 5 Esp. 65. To set apart or expropriate prop erty for public use, in the exercise of the power of eminent domain. Wulzen v. San Francisco, 101 Cal. 15, 35 Pac. 353, 40 Am. St. Rep. 17. CONDEMNATION. In, admiralty law. The judgment or sentence of a court having jurisdiction and acting in rem, by which (1) it is declared that a vessel which has been captured at sea as a prize was lawfully so seized and is liable to be treated as prize; or (2) that property which has been seized for an alleged violation of the revenue laws, neutrality laws, navigation laws, etc., was lawfully so seized, and is, for such cause, forfeited to the government; or (3) that the vessel which Is the subject of inquiry is un fit and unsafe for navigation. Gallagher v. Murray, 9 Fed. Cas. 1087. In the civil law. A sentence or judg ment which condemns some one to do, to give, or to pay something, or which declares that his claim or pretensions are unfounded. Lockwood v. Saffold, 1 Ga. 72. In real-property law. The process by which property of a private owner is taken for public use, without his consent, but up on the award and payment of just compen sation, being in the nature of a forced sale. Atlanta, K. & N. R. Co. v. Southern Ry. Co., 131 Fed. 606, 66 C. C. A. 601; Venable v. Railway Co., 112 Mo. 103, 20 S. W. 493, 18 L. R. A. 68; In re Rugheimer (D. C.) 36 Fed. 369. In prac tice. The damages which the party failing in an action is adjudged or condemned to pay; sometimes simply called the "condem nation." As used in an appeal-bond, this phrase means the damages which should be award ed against the appellant by the judgment of the court. It does not embrace damages not included in the judgment. Doe v. Daniels, 6 Blackf. (Ind.) 8; Hayes v. Weaver, 61 Ohio St. 55, 55 N. E. 172; Maloney v. John son-McLean Co., 72 Neb. 340, 100 N. W. 424. In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff. CONDICTIO. In Roman law. A general term for actions of a personal nature, found ed upon an obligation to give or do a cer tain and defined thing or service. It is dis tinguished from vindicatio rei, which is an action to vindicate one's right of property in a thing by regaining (or retaining) pos CONDEMNATION MONET. CONDESCENDENCE.

session of it against the adverse claim of the other party. —Condictio certi. An action which lies up on a promise to do a thing, where such promise or stipulation is certain, (st certa sit stipulatio.) Inst. 3, 16, pr.; Id. 3, 15, pr.; Dig. 12, 1; Bract, fol. 1036.—Condictio ex lege. An ac tion arising where the law gave a remedy, but provided no appropriate form of action. Cal vin.—Condictio indebitati. An action which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fact or in law.—Condictio rei furtivae. An action which lay to recover a thing stolen, against the thief himself, or his heir. Inst. 4, 1, 19.—Condictio sine causa. An action which lay in favor of a person who had given or promised a thing without consideration, (causa.) Dig. 12, 7; Cod. 4, 9. Conditio beneficialis, quae statnm con strait, benignS secundum verborum in tentionem est interpretanda; odiosa au tem, quae statum destruit, stricte secun dum verborum proprietatem accipienda. 8 Coke, 90. A beneficial condition, which creates an estate, ought to be construed fa vorably, according to the intention of the words; but a condition which destroys an estate is odious, and ought to be construed strictly according to the letter of the words. Conditio dicitur, cum quid in casum incertum qui potest tendere ad esse aut non esse, confertur. Co. Litt. 201. It is called a "condition," when something is giv en on an uncertain event, which may or may not come into existence. Conditio illicita habetur pro non ad jecta. An unlawful condition is deemed as not annexed. Conditio prsecedens adimpleri debet prius quam sequatur eflectus. Co. Litt. 201. A condition precedent must be fulfilled before the effect can follow. CONDITION. In the civil law. The rank, situation, or degree of a particular person in some one of the different orders of society. An agreement or stipulation In regard to some uncertain future event, not of the es sential nature of the transaction, but an nexed to it by the parties, providing for a change or modification of their legal rela tions upon its occurrence. Mackeld. Rom. Law, § 184. Classification. In the civil law, conditions are of the following several kinds: The casual condition - is that which depends on chance, and is in no way in the power either of the creditor or of the debtor. Civ. Code La. art. 2023. A mixed condition is one that depends at the same time on the will of one of the parties and on the will of a third person, or on the will of one of the parties and also on a casual event. Civ. Code La. art 2025. The potestative condition is that which makes CONDITIO. Lat A condition.