KFLCC Kingdom Law 2nd Ed.

CONSUETUDO MANERII ET LOCI

256

CONSUMMATE

Consuetudo manerii et loci observanda eat. 6 Coke, 67. A custom of a manor and place is to be observed, Consuetudo neque injuria oriri neque toll! potest. Lofft, 340. Custom can nei ther arise from nor be taken away by in jury. Consuetudo non trahitur in con.se quentiam. 3 Keb. 499. Custom is not drawn into consequence. 4 Jur. (N. S.) Ex. 129. Consuetudo prsescripta et legitima vin cit legem. A prescriptive and lawful cus tom overcomes the law. Co. Litt 113; 4 Coke, 21. Consuetudo regni Anglise est lex Ang us . Jenk. Cent 119. The custom of the kingdom of England is the law of England. See 2 BL Comm. 422. Consuetudo semel reprobata non po test amplius induci. A custom once dis allowed cannot be again brought forward, [or relied on.) Dav. 33. Consuetudo tollit eomnvunem legem. Co. Litt 336. Custom takes away the com mon law. Consuetudo volentes ducit, lex nolen tes trahit. Custom leads the willing, law compels [drags] the unwilling. Jenk. Cent 274. CONSUL. In Roman law. During the republic, the name "consul" was given to the chief executive magistrate, two of whom were chosen annually. The office was con tinued under the empire, but its powers and prerogatives were greatly reduced. The name is supposed to have been derived from consulo, to consult, because these officers con sulted with the senate on administrative measures. In old English law. An ancient title of an earl. In international law. An officer of a commercial character, appointed by the dif ferent states to watch over the mercantile interests of the appointing state and of its subjects in foreign countries. There are usually a number of consuls in every mari time country, and they are usually subject to a chief consul, who is called a "consul general." Schunior v. Russell, 83 Tex. 83, 18 .S. W. 484; Seidel v. Peschkaw, 27 N. J. Law, 427; Sartori v. Hamilton, 13 N. J. Law, 107; The Anne, 3 Wheat 445, 4 L. Ed. 428. The word "consul" has two meanings: (1) It denotes an officer of a particular grade in the consular service; (2) it has a broader

generic sense, embracing all consular officers. Dainese v. U. S., 15 Ct CI. 64. The official designations employed throughout this title shall be deemed to have the following meanings, respectively: First. "Consul general, "consul," and "commercial agent" shall be deem ed to denote full, principal, and permanent con sular officers, as distinguished from subordinates and substitutes. Second. "Deputy-consul" and "consular agent" shall be deemed to denote con sular officers subordinate to such principals, ex ercising the powers and performing the duties within the limits of their consulates or com mercial agencies respectively, the former at the same ports or places and the latter at ports or places different from those at which such prin cipals are located respectively. Third. "Vice consuls" and "vice-commercial agents" shall be deemed to denote consular officers who shall be substituted, temporarily, to fill the places of consuls general, consuls, or commercial agents, when they shall be temporarily absent or re lieved from duty. Fourth. "Consular officer" shall be deemed to include consuls general, con suls, commercial agents, deputy-consuls, vice consuls, vice-commercia] agents, and consular agents, and none others. Fifth, "Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'af faires, agents, and secretaries of legation, and none others. Rev. St. U. S. 8 1674 (U. S. Comp. St 1901, p. 1150.) CONSULAR COURTS. Courts held by the consuls of one country, within the ter ritory of another, under authority given by treaty, for the settlement of civil cases be tween citizens of the country which the con sul represents. In some instances they have also a criminal jurisdiction, but in this re spect are subject to review by the courts of the home government See Rev. St U. S. S 4083 (U. S. Comp. St 1901, p. 2768.) CONSULTA ECCLESIA. In ecclesiastic al law. A church full or provided for. Cowell. CONSULTARY RESPONSE. The opin ion of a court of law on a special case. CONSULTATION. A writ whereby ft cause which has been wrongfully removed by prohibition out of an ecclesiastical court to a temporal court is returned to the ecclesias tical court Phillim. Ecc. Law, 1439. A conference between the counsel engaged in a case, to discuss its questions or arrange the method of conducting it In French, law. The opinion of counsel upon a point of law submitted to them. CONSULTO. Lat In the civil law. De signedly ; intentionally. Dig. 28, 41. CONSUMMATE. Completed; as distin guished from initiate, or that which is mere ly begun. The husband of a woman seised of an estate of inheritance becomes, by the birth of a child, tenant by the curtesy in itiate, and may do many acts to charge the lands, but his estate is not consummate till the death of the wife. 2 Bl. Comm. 126, 1281 Co. Litt 30a.