KFLCC Kingdom Law 2nd Ed.

CONSCIENCE

248

CONSENSUS TOLLIT ERROREM

noting a similar application of the standards of morality to the acts of others. In law, especially the moral rule which requires probity, justice, and honest dealing between man and man, as when we say that a bar gain is "against conscience" or "unconscion able," or that the price paid for property at a forced sale was v so Inadequate as to "shock the conscience." This is also the meaning of the term as applied to the jurisdiction and principles of decision of courts of chan cery, as in saying that such a court is a "court of conscience," that it proceeds "ac cording to conscience," or that It has cog nizance of "matters of conscience." See 3 Bl. Comm. 47-56; People v. Stewart, 7 Cal. 143; Miller v. Miller, 187 Pa. 572, 41 Atl. 277. —Conscientious scruple. A conscientious scruple against taking an oath, Berving as a juror in a capital case, doing military duty, or the like, is an objection or repugnance growing out of the fact that the person believes the thing demanded of him to be morally wrong, his con science being the sole guide to his decision; it is thus distinguished from an "objection on prin ciple," which is dictated by the reason and judg ment, rather than the moral sense, and may re late only to the propriety or expediency of the thing in question. People v. Stewart, 7 Cal. 143.— "Conscience of the court." When an issue is sent out of chancery to be tried at law, to "inform the conscience of the court," the meaning is that the court is to be supplied with exact and dependable information as to the unsettled or disputed questions of fact in the case, in order that it may proceed to de cide it in accordance with the principles of eq uity and good conscience in the light of the facts thus determined. See Watt v. Starke, 101 U. S. 252, 25 L. Ed. 826.— Conscience, courts of. Courts, not of record, constituted by act of parliament in the city of London, and other towns, for the recovery of small debts; other wise and more commonly called "Courts of Re quests." 3 Steph. Comm. 451.— Conscience, right of. As used in some constitutional pro visions, this phrase is equivalent to religious liberty or freedom of conscience. Com. v. Desh er, 17 Serg. & R. (Pa.) 155; State v. Cummings, 36 Mo. 263. Conscientia dicitnr a con et scio, quasi scire cum Deo. 1 Coke, 100. Conscience is called from con and scio, to know, as it were, with God. CONSCIENTIA REI ALIENI. In Scotch law. Knowledge of another's proper ty ; knowledge that a thing is not one's own, but belongs to another. He who has this knowledge, and retains possession, is charge able with "violent profits." CONSCRIPTION. Drafting Into the military service of the state; compulsory service falling upon all male subjects even ly, within or under certain specified ages. Kneedler v. Lane, 45 Pa. 267. CONSECRATE. In ecclesiastical law. To dedicate to sacred purposes, as a bishop by imposition of hands, or a church or churchyard by prayers, etc. Consecration is performed by a bishop er archbishop.

Consecratio est periodus electionis; electio est prseambula consecrationis. 2 Rolle, 102. Consecration is the termination of election; election is the preamble of con secration. CONSEDO. Sp. A term used in con veyances under Mexican law, equivalent to the English word "grant" Mulford v. Le Franc, 26 Cal. 103. CONSE3X DE FAMILLE. In French law. A family council. Certain acts require the sanction of this body. For example, a guardian can neither accept nor reject an In heritance to which the minor has succeeded without its authority, (Code Nap. 461;) nor can he accept for the child a gift inter vivos without the like authority, (Id. 463.) CONSEIL JUDICIAIRE. In French law. When a person has been subjected to an Interdiction on the ground of his insane extravagance, but the Interdiction is not ab solute, but limited only, the court of first instance, which grants the interdiction, ap points a council, called by this name, with whose assistance the party may bring or de fend actions, or compromise the same, alien ate his estate, make or incur loans, and the like. Brown. CONSOLS DE PRUDHOMMES. In French law. A species of trade tribunals, charged with settling differences between masters and workmen. They endeavor, In the first instance, to conciliate the parties. In default, they adjudicate upon the ques tions in dispute. Their decisions are final up to 200/. Beyond that amount, appeals lie to the tribunals of commerce. Arg. Fr. Merc. Law, 553. CONSENSUAL CONTRACT. A term derived from the civil law, denoting a con tract founded upon and completed by the mere consent of the contracting parties, without any external formality or symbolic act to fix the obligation. Consensus est voluntas plurium ad quos res pertinet, simul juncta. Lofft, 514. Consent is the conjoint will of several persons to whom the thing belongs. Consensus facit legem. Consent makes the law. (A contract is law between the parties agreeing to be bound by it.) Branch, Princ. Consensus, non concubitus, facit nup tias vel matrimonium, et consentire non possunt ante annos nubiles. 6 Coke, 22. Consent, and not cohabitation, constitutes nuptials or marriage, and persons cannot consent before marriageable years. 1 Bl. Comm. 434. Consensus tollit errorem. Co. Lltt. 126. Consent (acquiescence) removes mistake.