KFLCC Kingdom Law 2nd Ed.

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OONTRAOAU8ATOB

mon law. Bract, fol. 485.— Contra legem terrse. Against the law of the land.— Contra omnes gentes. Against all people. Formal words in old covenants of warranty. Fleta, lib. 3, c. 14, § 11.— Contra paeem. Against the peace. A phrase used in the Latin forms of indictments, and also of actions for trespass, to # signify that the offense alleged was com mitted against the public peace, •. e., involved a breach of the peace. The full formula was contra pacem domim regis, against the peace of the lord the king In modern pleading, in this country, the phrase "against the peace of tht commonwealth" or "of the people" is used.— Contra proferentem. Against the party who proffers or puts forward a thing.— Contra tabulas. In the civil law. Against the will, (testament.) Dig. 37, 4.— Contra vadium et plegium. In old English law. Against gag* and pledge. Bract fol. 15b. Contra legem facit qui id facit quod lex prohibit; in fraudem vero qui, salvia verbis legis, sententiam ejus ciroum venit. He does contrary to the 1 law who does what the law prohibits; he acts in fraud of the law who, the letter of the law being inviolate, uses the law contrary to its intention. Dig. 1, 8, 29. Contra negantem principia non est disputandum. There is no disputing against one who denies first principles. Co. Litt 343. Contra non valentem agere nulla cur rit prsescriptio. No prescription runs against a person unable to bring an action Broom, Max. 903. Contra veritatem lex nunquam aliquld permittit. The law never suffers anything contrary to truth. 2 Inst 252. Goods exported from or im ported into a country against its laws. Brande. Articles, the importation or expor tation of which is prohibited by law. P. Enc. Certain classes of merchandise, such as arms and ammunition, which, by the rules of interna tional law, cannot lawfully be furnished or carried by a neutral nation to either of two belligerents; if found in transit in neutral vessels, such goods may be seized and con demned for violation of neutrality. The Pet erhoff, 5 Wall. 58, 18 L. Ed. 564; Richardson v. Insurance Co., 6 Mass. 114, 4 Am. Dec. 92. A recent American author on international law says that, "by the term 'contraband of war,' we now understand a class of articles of commerce which neutrals are prohibited from furnishing to either' one of the belligerents, for the reason that, by so doing, injury is done to the other belligerent;" and he treats of the sub ject, chiefly, in its relation to commerce upon the high seas. Hall, Int. Law, 570, 592; El rod v. Alexander, 4 Heisk. (Tenn.) 345. CONTRABAND. Against law or treaty; prohibited. CONTRABAND OP WAR.

committed at divers days and times within a given period or on a specified day and on divers other days and times between that day and another. This is called "laying the time with a continuando." Benson v. Swift, 2 Mass. 52; people v. Sullivan, 9 Utah, 195, S3 Pac. 701. Enduring; not terminat ed by a single act or fact; subsisting for a definite period or intended to cover or apply to successive similar obligations or occur rences. As to continuing "Consideration," "Cove nant," "Damages," "Guaranty," "Nuisance," and "Offense," see those titles. Uninterrupted; unbro ken; not intermittent or occasional; so per sistently repeated at short intervals as to constitute virtually an unbroken series. Black v. Canal Co., 22 N. J. Eq. 402; Hofer's Appeal, 116 Pa. 360, 9 Atl. 441; Ingraham v. Hough, 46 N. C. 4a •—Continuous adverse use. Is interchange able with the term "uninterrupted adverse use." Davidson v. Nicholson, 59 Ind. 411.— Continu ous injury. One recurring at repeated inter vals, so as to be of repeated occurrence; not necessarily an injury that never ceases. Wood v. Sutcliffe, 8 Eng. Law & Eq. 217. As to continuous "Crime" and "Ease ments," see those titles. Against, confronting, oppo site to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra, appended to the name of a judge or counsel, indicates that he held a view of the matter in argument contrary to that next before advanced. Also, after cita tion of cases in support of a position, contra is often prefixed to citations of cases op posed to it. —Contra bonos mores. Against good morals. Contracts contra bonos mores are void— Con tra formam collationis. In old English law. A writ that issued where lands given in per petual alms to lay houses of religion, or to an abbot and convent, or to the warden or master of an hospital and his convent, to find certain poor men with necessaries, and do divine serv ice, etc., were alienated, to the disherison of the house and church. By means of this writ the donor or his heirs could recover the lands. Reg. Orig. 238; Fitzh. Nat. Brev. 210.— Contra, formam doni. Against the form of the grant. See FOEMEDON.— Contra formam feoff a menti . In old English law. A writ that lay for the heir of a tenant, enfeoffed of certain lands or tenements, by charter of feoffment from a lord to make certain services and suits to his court, who was afterwards distrained for more services than were mentioned in the charter. Reg. Orig. 176; Old Nat Brev. 162— Contra formam statuti. In criminal pleading. (Con trary to the form of the statute in such case made and provided.) The usual conclusion of every indictment, etc., brought for an offense created by statute.— Contra jus belli. Lat. Against the law of war. 1 Kent, Comm. 6.— Contra jus commune. Against common right or law ; contrary to the rule of the com CONTINUING. CONTINUOUS. CONTRA.

CONTRACAUSATOR. A criminal; on* prosecuted for a crime.