KFLCC Kingdom Law 2nd Ed.

CONDITION

241

CONDUCTOR OPERARUM

pecially those which are against [in re straint of] marriage and commerce. Lofft, Appendix, 644. The terms upon which sales are made at auction; usual ly written or printed and exposed in the auc tion room at the time of sale. CONDOMINIA. In the civil law. Co ownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypotheca, ususfructus, usus, and habitatio. These were more than mere jura in re aliend, being por tion of the dominium itself, although they are commonly distinguished from the dominium strictly so called. Brown. CONDONACION. In Spanish law. Tne remission of a debt, either expressly or tacit ly. CONDONATION. The conditional re mission or forgiveness, by one of the married parties, of a matrimonial offense committed by the other, and which would constitute a cause of divorce; the condition being that the offense shall not be repeated. See Pain v. Pain, 37 Mo. App. 115; Beta v. Bete, 25 N. Y. Super. Ct 696; Thomson v. Thomson, 121 CaL 11, 53 Pac. 403; Harnett v. Harnett, 55 Iowa, 45, 7 N. W. 394; Eggerth v. Eg gerth, 15 Or. 626, 16 Pac. 650; Turnbull^. Turnbull, 23 Ark. 615; Odom v. Odom, 3$ Ga. 318; Poison v. Poison, 140 Ind. 310, 39 N. E. 498. The 'term is also sometimes applied to forgiveness of a past wrong, fault, injury, or breach of duty in other relations, as, for example, in that of master and servant Lea therberry v. Odell (C. C.) 7 Fed. 648. CONDONE. To make condonation of. CONDUCT MONET. In English prac tice. Money paid to a witness who has been subpoenaed on a trial, sufficient to defray the reasonable expenses of going to, staying at, and returning from the place of trial. Lush, Pr. 460; Archb. New Pr. 639. CONDUCTT ACTIO. In the civil law. An action which the hirer (conductor) of a thing might have against the letter, (locator.) Inst 3, 25, pr. 2. CONDUCTIO. In the civil law. A hir ing. Used generally in connection with the term locatio, a letting. Locatio et conductio, (sometimes united as a compound word, "lo catio-conductio,") a letting and hiring. Inst. 3, 25; Bract foL 62, c. 28; Story, Bailm. §§ 8, 368. CONDUCTOR. In the civil law. A hirer. CONDUCTOR OPERARUM. In the civil law. A person who engages to perform a piece of work for another, at a stated price. CONDITIONS OF SALE.

the second class when the performance of one condition is not obligatory until the actual performance of the other; and to the third class when neither party need perform his con dition unless the other is ready and willing to perform his, or, in other words, when the mu tual covenants go to the whole consideration on both sides and each is precedent to the oth er. Huggins v. Daley, 99 Fed. 609, 40 C. C. A. 12, 48 L. R. A. 320. The following varieties may also be noted: A condition collateral is one requiring the per formance of a collateral act having no necessary relation to the main subject of the agreement. A compulsory condition is one which expressly requires a thing to be done, as, that a lessee shall pay a specified sum of money on a certain day or his lease shall be void. Shep. Touch. 118. Concurrent conditions are those which are mutually dependent and are to be performed at the same time. Civ. Code Cal. § 1437. A condition inherent is one annexed to the rent reserved out of the land whereof the estate is made, or rather, to the estate in the land, in respect of rent. Shep. Touch. 118. Synonyms distinguished. A "condition" is to be distinguished from a limitation, in that the latter may be to or for the benefit of a stranger, who may then take advantage of its determination, while only the grantor, or those who stand in Ms place, can take advantage of a condition, (Hoselton v. Hosel ton, 166 Mo. 182, 65 S. W. 1005; Stearns v. Gofrey, 16 Me. 158;) and in that a limita tion ends the estate without entry or claim, which is not true of a condition. It also differs from a conditional limitation; for in the latter the estate Is limited over to a third person, while in case of a simple con dition it reverts to the grantor, or his heirs or devisees, (Church v. Grant, 3 Gray [Mass.] 147, 63 Am. Dec. 725.) It differs also from a covenant, which can be made by either grantor or grantee, while only the grantor can make a condition, (Co. Litt. 70.) A charge is a devise of land with a bequest out of the subject-matter, and a charge up on the devisee personally, in respect of the estate devised, gives him an estate on con dition. A condition also differs from a re mainder; for, while the former may operate to defeat the estate before its natural ter mination, the latter cannot take effect until the completion of the preceding estate. CONDITIONAL. That which is depend ent upon or granted subject to a condition. —Conditional creditor. In the civil law. A creditor having a future right of action, or hav ing a right of action in expectancy. Dig. 50, 16, 54.—Conditional stipulation. In the civil law. A stipulation to do a thing upon con dition, as the happening of any event. As to conditional "Acceptance," "Appear ance," "Bequest," "Contract," "Delivery," "Devise," "Fee," "Guaranty," "Judgment," "Legacy," "Limitation," "Obligation," "Par don," "Privilege," and "Sale," see those ti tles. Gonditiones quaelibet odiosse; ntazinte autem contra matrimonium et commer cium. Any conditions are odious, but es BLJJAW DIOT.(2D ED.)—16