KFLCC Kingdom Law 2nd Ed.

CONGREGATION

CONFLICT OF LAWS

245

CONFUSION. This term, as used in the civil law and in compound terms derived from that source, means a blending or inter mingling, and is equivalent to the term "merger" as used at common law. Palmer v. Burnside, 1 Woods, 182, Fed. Cas. No. 10,685. —Confusion of boundaries. The title of that branch of equity jurisdiction which relates to the discovery and settlement of conflicting, disputed, or uncertain boundaries.—Confusion of debts. A mode of extinguishing a debt, by the concurrence in the same person of two qual ities which mutually destroy one another. This may occur in several ways, as where the cred itor becomes the heir of the debtor, or the debt or the heir of the creditor, or either accedes to the title of the other by any other mode of transfer. Woods v. Ridley, 11 Humph. (Tenn.) 198.—Confusion of goods. The inseparable intermixture of property belonging to different owners; properly confined to the pouring to gether of fluids, but used in a wider sense to designate any indistinguishable compound of elements belonging to different owners. The term "confusion" is applicable to a mixing of chattels of one and the same general descrip tion, differing thus from "accession," which is where various materials are united in one prod uct. Confusion of goods arises wherever the goods of two or more persons are so blended as to have become undistinguishable. 1 Schourer, Pers. Prop. 41. Treat v. Barber, 7 Conn. 280; Robinson v. Holt, 39 N. H. 563, 75 Am. Dec. 233; Belcher v. Commission Co., 26 Tex./ Civ. App. 60, 62 S. W. 924.—Confusion of rights. A union of the qualities of debtor and creditor in the same person. The effect of such a union is, generally, to extinguish the debt 1 Salk. 306; Cro. Car. 551.—Confusion of titles. A civil-law expression, synonymous with "merger," as used in the common law, applying where two titles to the same property unite in the same g ' erson. Palmer v. Burnside, 1 Woods, 179, Fed. as. No. 10,685. CONGE. Fr. In the French law. Per mission, leave, license; a passport or clear ance to a vessel; a permission to arm, equip, or navigate a vessel. —Conge d'accorder. Leave to accord. A permission granted by the court in the old pro cess of levying a fine, to the defendant to agree with the plaintiff.—Conge d'emparler. Leave to imparl. The privilege of an imparlance, (li centia loquendi.) 3 Bl. Comm. 299.—Conge d'eslire. A permission or license from the British sovereign to a dean and chapter to elect a bishop, in time of vacation; or to an abbey or priory which is of royal foundation, to elect an abbot or prior. CONGEARLE. L. Fr. Lawful; permis sible; allowable. "Disseisin is properly where a man entereth into any lands or tene ments where his entry is not congeable, and putteth out him that hath the freehold." Litt. § 279. See Ricard v. Williams, 7 Wheat. 107, 5 L. Ed. 398.

ent laws of the same state or sovereignty upon the same subject-matter. 2. A similar inconsistency between the municipal laws of different states or coun tries, arising in the case of persons who have acquired rights or a status, or made contracts, or incurred obligations, within the territory of two or more states. 3. That branch of jurisprudence, arising from the diversity of the laws of different nations in their application to rights and remedies, which reconciles the inconsistency, or decides which law or system is to govern in the particular case, or settles the degree of force to be accorded to the law of a foreign country, (the acts or rights in ques tion having arisen under it,) either where it varies from the domestic law, or where the domestic law is silent or not exclusively applicable to the case in point In this sense it is more properly called "private inter national law." In this conflict certain rules are applicable, viz.: (1) Special take precedence of general pre sumptions; (2) constant of casual ones; (3) presume in favor of innocence; (4) of legal ity; (5) of validity; and, when these rules fail, the matter is said to be at large. Brown. CONFORMITY. In English ecclesiasti cal law. Adherence to the doctrines and usages of the Church of England. —Conformity, bill of. See BILL OF CoN rORMITY. CONFRAIRIE. Fr. In old English law. A fraternity, brotherhood, or society. Cowell. CONFRERES. Brethren in a religious house; fellows of one and the same society. Cowell. In criminal law. the act of setting a witness face to face with the prisoner, in order that the latter may make any objection he has to the witness, or that the witness may identify the accused. State v. Behrman, 114 N. C. 797, 19 &. E. 220, 25 L. R.» A. 449; Howser v. Com., 51 Pa. 332; State v. Mannion, 19 Utah, 505, 57 Pac. 542, 45 L E. A. 638, 75 Am. St. Rep. 753; People v. Elliott, 172 N. Y. 146, 64 N. E. 837, 60 L. R. A. 318. CONFUSIO. In the civil law. The in separable intermixture of property belonging to different owners; it is properly confined to the pouring together of fluids, but is some times also used of a melting together of met als or any compound formed by the irrecov erable commixture of different substances. It is distinguished from commixtion by the fact that in the latter case a separation may be made, while in a case of confusio there cannot be. 2 Bl. Comm. 405. CONFLICT OF PRESUMPTIONS. CONFRONTATION.

CONGIIiDONES.

In Saxon law. Fel

low-members of a guild.

CONGIUS. An ancient measure contain ing about a gallon and a pint Cowell. CONGREGATION. An assembly or so ciety of persons who together constitute the