KFLCC Kingdom Law 2nd Ed.

264

OONTRALIGATIO

CONTRIBUTION

CONTRAXIGATIO. In old English law. Counter-obligation. Literally, counter-bind ing. Est enim ooligatio quasi contraligatio. Fleta, lib. 2, c. 56, § 1. CONTRAMANDATIO. A countermand ing. Contramandatio placiti, in old English law, was the respiting of a defendant or giving him further time to answer, by coun termanding the day fixed for him to plead, and appointing a new day; a sort of impar lance. CONTRAMANDATUM. A lawful ex cuse, which a defendant in a suit by attor ney alleges for himself to show that the plaintiff has no cause of complaint Blount CONTRAPLACITUM. In old English law. A counter-plea. Townsh. PI. 61. CONTRAPOSITIO. In old English law. A plea or answer. Blount A counter-po sition. CONTRARIENTS. This word was used in the time of Edw. II. to signify those who were opposed to the government but were neither rebels nor traitors. Jacob. Contrariornm contraria est ratio. Hob. 344. The reason of contrary things is contrary. CONTRAROTTJLATOR. A controller. One whose business it was to observe the money which the collectors had gathered for the use of the king or the people. Cowell. —Contrarotnlator pipse. An officer of the exchequer that writeth out summons twice every year, to the sheriffs, to levy the rents and debts of the pipe. Blount CONTRAT. In French law. Contracts are of the following varieties: (1) Bilateral, or synallagmatique, where each party is bound to the other to do what is just and proper; or <2) unilateral, where the one side only is bound; or (3) corwnutatif, where one does to the other something which is sup posed to be an equivalent for what the other does to him; or (4) aUatoire, where the con sideration for the act of the one is a mere chance; or (5) contrat de oienfaisance, where the one party procures to the other a purely gratuitous benefit; or (6) contrat a Utre onereux, where each party is hound under some duty to the other. Brown. CONTRATALLIA. In old English law. A counter-tally. A term used in the ex chequer. Mem. in Scacc. M. 26 Edw. 1. CONTRATENERE. To hold against; to withhold. Whishaw. CONTRAVENING EQUITY. A right or equity, in another person, which Is incon sistent with and opposed to the equity sought to be enforced or recognized.

CONTRAVENTION. In Frenoh law. An act which violates the law, a treaty, or an agreement which the party has made. That infraction of the law punished by a fine which does not exceed fifteen francs and by an imprisonment not exceeding three days. Pen. Code, 1. In Scotch, law. The act of breaking through any restraint imposed by deed, by covenant, or by a court CONTRECTARE. Lat In the civil law. To handle; to take hold of; to meddle with. In old English law. To treat Vel maid contrectet; or shall ill treat Fleta, lib. 1» c. 17, f 4. CONTRECTATIO. In the civil and old English law. Touching; handling; meddling. The act of removing a thing from its place In such a manner that, if the thing be not restored, it will amount to theft Contrectatio rei aliense, animo furan di, est furtum. Jenk. Cent. 132. The touching or removing of another's property, with an intention of stealing, is theft CONTREFACON. In French law. The offense of printing or causing to be printed a book, the copyright of which is held by an other, without authority from him. Merl. Repert CONTRE-MAITRE. In French marine law. The chief officer of a vessel, who, in case of the sickness or absence of the master, commanded in his place. Literally, the counter-master. CONTRIBUTE. To supply a share or proportional part of money or property to wards the prosecution of a common enter prise or the discharge of a joint obligation. Park v. Missionary Soc, 62 Vt 19, 20 Atl. 107; Railroad Co. v. Creasy (Tex. Civ. App.) 27 S. W. 945. CONTRIBUTION. In common law. The sharing of a loss or payment among several. The act of any one or several of a number of co-debtors, co-sureties, etc., in re imbursing one of their number who has paid the whole debt or suffered the whole liabil ity, each to the extent of his proportionate share. Canosia Tp. v. Grand Lake Tp., 80 Minn. 357, 83 N. W. 346; Dysart v. Crow, 170 Mo. 275, 70 S. W. 689; Aspinwall v. Sacchi, 57 N. T. 336; Vandiver v. Pollak, 107 Ala. 547, 19 South. 180; 54 Am. St Rep. 118. In maritime law. Where the property of one of several parties interested in a ves sel and cargo has been voluntarily sacrificed for the common safety, (as by throwing goods overboard to lighten the vessel,) such loss must be made good by the contribution of the