KFLCC Kingdom Law 2nd Ed.

CONVENIENT

265

CONTRIBUTION

tempt In the spiritual courts Is discontinued by 53 Geo. III. c. 127, § 2, and in lieu there of, where a lawful citation or sentence has not been obeyed, the judge shall have pow er, after a certain period, to pronounce such person contumacious and in contempt, and to signify the same to the court of chancery, whereupon a writ de contumace capiendo shall issue from that court, which shall have the same force and effect as formerly belong ed, in case of contempt, to a writ de excom municato capiendo. (2 & 3 Wm. IV. c. 93; 8 & 4 Vict, c. 93.) Wharton. The refusal or inten tional omission of a person who has 'been duly cited before a court to appear and de fend the charge laid against him, or, if he is duly before the court, to obey some lawful order or direction made in the cause. In the former case it is called "presumed" contu macy; in the latter, "actual." The term is chiefly used in ecclesiastical law. See 3 Curt Ecc. 1. CONTUMAX. One accused of a crime who refuses to appear and answer to the charge. An outlaw. .CONTUSION. In medical jurisprudence. A bruise; an injury to any external part of the body by the impact of a fall or the blow of a blunt instrument, without laceration of the flesh, and either with or without a tear ing of the skin, but in the former case it Is more properly called a "contused wound." CONTUTOR. Lat In the civil law. A co-tutor, or co-guardian. Inst. 1, 24, 1. CONUSANCE. In English law. Cog nizance or jurisdiction. Conusance of pleas. Termes de la Ley. —Conusance, claim of. See COGNIZANCE. CONUSANT. Cognizant; acquainted with; having actual knowledge; as, if a party knowing of an agreement in which he has an interest makes no objection to it, he Is said to be conusant Co. Litt 157. CONTUMACY. CONVENABLE. In old English law. Suitable; agreeable; convenient; fitting. Litt. § 103. CONVENE. In the civil law. To bring an action. CONVENIENT. Proper; just; suitable, Finlay v. Dickerson, 29 111. 20; Railway Co. v. Smith, 173 U. S. 684, 19 Sup. Ot 565, 43 L. Ed. 858. CONUSEE. See COGNIZES. CONUSOR. See COGNIZOB.

others, which is termed "general average." 3 Kent, Comm. 232-244; 1 Story, Eq. Jur. § 490. In the civil law. A partition by which the creditors of an insolvent debtor divide among themselves the proceeds of his prop erty proportionably to the amount of their respective credits. Code La. art. 2522, no. 10. Contribution is the division .which is made among the heirs of the succession of the debts with which the succession is charged, accord ing to the proportion which each is bound to bear. Civ. Code La. art 1420. CONTRIBUTIONS FACIENDA. In old English law. A writ that lay where ten ants in common were hound to do some act and one of them was put to the whole bur then, to compel the rest to make contribu tion. Reg. Orig. 175; Fitzh. Nat Brev. 162. CONTRIBUTORY, ». A person liable to contribute to the assets of a company which Is being wound up, as being a member or (in some cases) a past member thereof. Mozley & Whitley. CONTRIBUTORY, adj. Joining in the promotion of a given purpose; lending as sistance to the production of a given result. As to contributory "Infringement" and "Negligence," see those titles. CONTROLLER. A comptroller, which see. CONTROLMENT. In old English law. The controlling or checking of another offi cer's account; the keeping of a counter-roll. CONTROVER. In old English law. An inventer or deviser of false news. 2 Inst 227. CONTROVERSY. A litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity. Barber v. Kennedy, 18 Minn. 216 (Gil. 196); State v. Guinotte, 156 Mo. 513, 57 S. W. 281, 50 L. R. A. 787. It differs from "case," which includes all suits, criminal as well as civil; whereas "controver sy" is a civil and not a criminal proceeding. Chisholm v. Georgia, 2 Dall. 419. 431. 432. 1 L. Ed. 440. CONTROVERT. To dispute; to deny; to oppose or contest; to take issue on. Bug gy Co. v. Patt, 73 Iowa, 485, 35 N. W. 587; Swenson v. Kleinschmidt, 10 Mont 473, 26 Pac. 198. CONTUBERNIUM. In Roman law. The marriage of slaves; a permitted cohab itation. CONTUMACE CAPIENDO. In English law. Excommunication In all cases of con